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

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke and replace the Plant Health (Import Inspection Fees) (England) Regulations 2005 (S.I. 2005/906), which implemented Article 13d of Council Directive 2000/29/EC (OJ No. L 169, 10.7.00, p. 1) (“the Directive”). The Directive requires member States to charge fees to cover the costs occasioned by the documentary checks, identity checks and plant health checks of certain imports of plants, plant products and other objects from third countries. These Regulations also implement reduced rates for certain plants and plant products agreed under the procedure provided for in Articles 13d(2) and 18(2) of the Directive.

The Regulations require an importer to pay, upon import of a consignment to which they apply, the fee specified in Schedule 1 or the reduced rate fee in Schedule 2, as appropriate (regulation 4(1)(a)). The fee is payable whether or not an inspection is carried out on the particular consignment (except in the case of the fees payable for an inspection carried out at the request of an importer outside daytime working hours (regulation 4(2))).

An importer is also required to pay the fee specified in Schedule 3 for documentary checks and identity checks (regulation 4(1)(b)).

A Regulatory Impact Assessment was prepared in respect of the introduction of charges for plant health import inspections to which the Regulations apply. This has been placed in the Library of each House of Parliament. Copies can be obtained from Plant Health Division, Defra, Foss House, Kings Pool, Peasholme Green, York YO1 7PX.