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The Plant Health (Import Inspection Fees) (England) Regulations 2006

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This is the original version (as it was originally made).

Title, commencement, extent and application

1.—(1) These Regulations may be cited as the Plant Health (Import Inspection Fees) (England) Regulations 2006 and come into force on 4th August 2006.

(2) These Regulations extend to England and Wales but apply only in relation to England.

Interpretation

2.  In these Regulations—

“consignment” has the same meaning as in Article 2(1)(p) of the Directive;

“daytime working hours” means any time between the hours of 8.30 a.m. to 5.00 p.m. on any day except a Saturday, Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971(1) in England;

“the Directive” means Council Directive 2000/29/EC(2) of 8th May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community as last amended by Commission Directive 2006/35/EC(3);

“documentary check” has the same meaning as in Article 13a(1)(b)(i) of the Directive;

“identity check” has the same meaning as in Article 13a(1)(b)(ii) of the Directive;

“plant” has the same meaning as in Article 2(1)(a) of the Directive;

“plant health check” has the same meaning as in Article 13a(1)(b)(iii) of the Directive;

“plant intended for planting” has the same meaning as in Article 2(1)(d) of the Directive;

“plant product” has the same meaning as in Article 2(1)(b) of the Directive; and

“third country” means a country or territory other than one within the European Community.

Consignments to which these Regulations apply

3.  These Regulations apply in relation to consignments of plants, plant products and other objects of a description specified in the first column of Schedule 1 that are landed in England from a third country and are:

(a)listed in Annex V, Part B of the Directive; or

(b)seeds of Solonaceae whether or not listed in Annex V, Part B of the Directive.

Fees

4.—(1) An importer shall pay to the Secretary of State upon import of a consignment to which these Regulations apply—

(a)subject to paragraph (2), the fee specified—

(i)in the third column of Schedule 1 in respect of any consignment other than a consignment of a plant or plant product to which sub-paragraph (a)(ii) applies; or

(ii)the fee specified in the fourth column of Schedule 2 in respect of a consignment of any plant or plant product listed in the first column of that Schedule and originating from a country listed in the third column of that Schedule; and

(b)the fee specified for a documentary check and an identity check in the third column of Schedule 3.

(2) Where, at the request of an importer, or any other person responsible for the consignment, a plant health check is carried out on a consignment outside daytime working hours, the fee payable under paragraph (1)(a) in respect of that consignment shall be—

(a)the fee specified in the fourth column of Schedule 1 if the consignment is a consignment to which paragraph (1)(a)(i) applies; or

(b)the fee specified in the fifth column of Schedule 2 if the consignment is a consignment to which paragraph (1)(a)(ii) applies.

Revocation

5.  The Plant Health (Import Inspection Fees) (England) Regulations 2005(4) are revoked.

Jeff Rooker

Minister of State

Department for Environment, Food and Rural Affairs

8th July 2006

We consent

Frank Roy

Alan Campbell

Two of the Lords Commissioners of Her Majesty’s Treasury

12th July 2006

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