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The Plant Health etc. (Fees) (England) Regulations 2018

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PART 2Fees relating to plant health

Import inspection fees

3.—(1) This regulation applies in relation to a third country consignment which consists of plants, plant products or other objects of a description specified in column 1 of the table in Schedule 1 that are listed in Schedule 5 to the 2015 Order.

(2) The following fees are payable by the importer of a third country consignment—

(a)in respect of each phytosanitary certificate or phytosanitary certificate for re-export accompanying the consignment, a fee of £9.71;

(b)in respect of each part of the consignment which consists of a plant, plant product or other object of a description specified in column 1 of the table in Schedule 1 to which sub-paragraph (c) does not apply, the fee specified in the corresponding entry in column 2 of that table;

(c)in respect of each part of the consignment which consists of a plant or plant product of a description specified in column 1 of the table in Schedule 2 and which originates in a country specified in column 2 of that table, the fee specified in the corresponding entry in column 3 of that table;

(d)where an inspector suspects that the consignment is infected with a controlled plant pest and takes a sample from the consignment for laboratory testing to confirm the presence or otherwise of the pest, a fee of £157.08 for each sample tested.

(3) In this regulation—

(a)“controlled plant pest” has the meaning given in article 32(7)(a) of the 2015 Order;

(b)“third country consignment” means a consignment that is introduced into England from a third country;

(c)“third country” has the meaning given in article 2(1) of the 2015 Order.

Plant passport authorisation fees

4.—(1) This regulation applies in relation to a plant passport authorisation.

(2) The fees specified in the table in Schedule 3 are payable in respect of an inspection and any associated activities which are carried out—

(a)in connection with an application for a plant passport authorisation;

(b)for the purpose of monitoring compliance with any requirements imposed on the holder of a plant passport authorisation.

(3) The fees specified in column 2 of the table in Schedule 3 are payable for each 15 minutes (or part thereof) spent in carrying out the inspection and any associated activities at the relevant premises, subject to the minimum fees specified in the corresponding entries in column 3 of that table.

(4) An additional fee of £18.78 is payable where a person submits an application for a plant passport authorisation in paper form (and not online).

(5) Any fees payable under this regulation are payable by the person applying for a plant passport authorisation or the holder of a plant passport authorisation (as the case may be).

(6) In this regulation-

(a)“plant passport authorisation” means an authorisation to issue plant passports conferred under article 29 of the 2015 Order;

(b)“relevant premises”, in relation to an application for a plant passport authorisation or a plant passport authorisation, means the premises which are subject to the application or the authorisation.

Plant health licence fees

5.—(1) The fees specified in the table in Schedule 4 are payable in respect of—

(a)an application for a licence;

(b)any other activity specified in column 1 of that table which is carried out in connection with a licence.

(2) The amount of any fee payable in respect of an application for a licence or any other activity specified in column 1 of the table in Schedule 4 is the amount specified in the corresponding entry in column 3 of that table, determined in accordance with the entries in respect of that service (if any) in column 2 of that table.

(3) The fee payable in respect of the monitoring of licence terms and conditions is payable for each 15 minutes (or part thereof) spent in carrying out the inspection and any associated activities at the premises which are subject to the licence, subject to the minimum fee specified.

(4) Any fee payable under this regulation is payable by the person who submits an application for a licence or the licence holder (as the case may be).

(5) In this regulation, “licence” means a licence described in article 40 or 41 of the 2015 Order.

Potatoes originating in Egypt: fee

6.—(1) Where an inspector takes a sample of potatoes originating in Egypt in order to ascertain whether, for the purposes of paragraph 5 of the Annex to the Decision, those potatoes are infected with Ralstonia solanacearum (Smith) Yabuuchi et al., the importer must pay a fee of £60.40 in respect of each lot sampled.

(2) In paragraph (1), “the Decision” means Commission Implementing Decision 2011/787/EU authorising Member States temporarily to take emergency measures against the dissemination of Ralstonia solanacearum (Smith) Yabuuchi et al. as regards Egypt(1).

Potatoes originating in Lebanon: fee

7.—(1) Where an inspector takes a sample of potatoes originating in Lebanon in order to ascertain whether, for the purposes of Article 4 of the Decision, those potatoes are infected with Clavibacter michiganensis subspecies (Spieckerann and Kotthoff) Davis et al., the importer must pay a fee of £60.40 in respect of each lot sampled.

(2) In paragraph (1), “the Decision” means Commission Implementing Decision 2013/413/EU authorising Member States to provide for derogations from certain provisions of Council Directive 2000/29/EC in respect of potatoes, other than potatoes intended for planting, originating in the regions of Akkar and Bekaa of Lebanon(2).

(1)

OJ No L 319, 2.12.2011, p. 112.

(2)

OJ No L 205, 1.8.2013, p. 13, as amended by Commission Implementing Decision (EU) 2015/2057 (OJ No L 300, 17.11.2015, p. 43).

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