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The Seeds (Fees) (Amendment) (Wales) Regulations 2001

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Welsh Statutory Instruments

2001 No. 2533 (W.210)

SEEDS, WALES

The Seeds (Fees) (Amendment) (Wales) Regulations 2001

Made

10th July 2001

Coming into force

16th July 2001

The National Assembly for Wales, in relation to Wales, in exercise of the powers conferred by sections 16(1) and (1A)(e) and 36 of the Plant Varieties and Seeds Act 1964(1) after consultation in accordance with the said section 16(1) with representatives of such interests as appear to it to be concerned, hereby makes the following Regulations:

Title, commencement and application

1.  These Regulations may be cited as the Seeds (Fees) (Amendment) (Wales) Regulations 2001, shall apply to Wales and shall come into force on 16th July 2001.

Amendment

2.  For Schedules 1 to 6 to the Seeds (Fees) Regulations 1985(2) there shall be substituted the Schedules set out in the Schedule to these Regulations.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(3)

John Marek

The Deputy Presiding Officer of the National Assembly

10th July 2001

Regulation 2

SCHEDULEPROVISIONS TO BE SUBSTITUTED FOR THE SCHEDULES TO THE SEEDS (FEES) REGULATIONS 1985

Regulation 3

SCHEDULE 1MATTERS ARISING UNDER THE CEREAL SEEDS REGULATIONS 1993(4)

(1)(2)(3)(4)
MatterWhen payableFeeOld fee
££ (5)
Initial fees

A.  Initial fee per hectare or part thereof for crops intended to produce:

On application for registration
(i)

pre-basic or basic seed

25.85(24.60)
(ii)

certified seed of the first generation of wheat, durum wheat, spelt wheat, barley, triticale and oats or certified seed of rye and maize

6.50(6.20)
(iii)

certified seed of the second generation of wheat, durum wheat, spelt wheat, barley and oats

5.80(5.50)
Crop inspection fees

B.  Fee for official examination or re-examination of crops intended to produce pre-basic or basic seed, per hectare or part there of examined.

On application12.90(12.30)
Fee for official examination or re-examination of crops produced from seed of a variety entered for but not added to the National List (or to the equivalent list in another Member State) intended to produce certified seed, certified seed of the first generation or certified seed of the second generation, per hectare or part thereof examined.On application12.90( — )
Seed lot fee

C.  Fee for the issue of an official certificate (other than in the circumstances described under F. below) in respect of a seed lot entered as:—

On application
(i)

breeder's, pre-basic or basic seed, certified seed of the first generation of wheat, durum wheat, spelt wheat, barley, triticale, oats or certified seed of rye and maize

42.70(40.65)
(ii)

certified seed of the second generation of wheat, durum wheat, spelt wheat, barley and oats

21.30(20.30)
Seed testing fees

D.  Fee for an official examination of seed for loose smut infection of wheat, durum wheat, spelt wheat and barley (per thousand embryos examined)

Within one month of demand by or on behalf of the the appropriate Minister37.50(35.70)
Fees for additional tests

E.  Fee for a Tetrazolium seed viability test in C1 Winter Wheat and C1 Winter Barley

Within one month of demand by or on behalf of the appropriate Minister44.00(41.90)
Seed lot re-entry fee

F.  Fee for the issue of an official certificate in respect of a seed lot which was entered for one category and has been withdrawn and is being re-entered as:—

On application
(i)

pre-basic or basic seed, certified seed of the first generation of wheat, durum wheat, spelt wheat, barley, triticale and oats or certified seed of rye and maize

29.85(28.45)
(ii)

certified seed of the second generation of wheat, durum wheat, spelt wheat, barley and oats

14.90(14.20)

Regulation 3

SCHEDULE 2MATTERS ARISING UNDER THE FODDER PLANT SEEDS REGULATIONS 1993(6)

(1)(2)(3)(4)
MatterWhen payableFeeOld fee
££(7)
Initial fees

A.  Initial fee per hectare or part thereof for crops intended to produce:

On application for registration
(i)

pre-basic or basic seed of—

(a)

grasses, legumes (except field beans and field peas) and crucifers

19.45(18.50)
(b)

field beans and field peas

16.80(16.00)
(ii)

certified seed of grasses, legumes (except field beans and field peas) and crucifers

9.10(8.65)
(iii)

certified seed of the first and second generation of field beans and field peas

7.75(7.40)
Crop inspection fee

B.  Fee for official examination or re-examination of crops intended to produce pre-basic or basic seed, per hectare or part thereof examined (including crops of hybrid swede rape and hybrid turnip rape).

On application12.90(12.30)
Fee for official examination or re-examination of crops produced from seed of a variety entered for but not added to the National List (or the equivalent list in another Member State) intended to produce certified seed of grasses, legumes (except field beans and field peas) and crucifers or certified seed of the first generation and certified seed of the second generation of field beans and field peas per hectare or part thereof examined.On application12.90( — )
Seed lot fee

C.  Fee for the issue of an official certificate (other than in the circumstances described under D. below) in respect of a seed lot entered as:—

On application
(i)

breeder’s seed of—

(a)

grasses, legumes (except field beans and field peas) and crucifers

34.95(33.30)
(b)

field beans and field peas

56.90(54.20)
(ii)

pre-basic or basic seed of—

(a)

grasses, legumes (except field beans and field peas) and crucifers

66.00(62.85)
(b)

field beans and field peas

56.90(54.20)
(iii)

certified seed of grasses, legumes (except field beans and field peas) and crucifers

66.00(62.85)
(iv)

certified seed of the first and second generation of field beans and field peas

53.05(50.50)
(i)

commercial seed of the kinds for the time being specified in regulation 3(3) of the Fodder Plant Seeds Regulations 1993

58.20(55.45)
Seed lot re-entry fee

D.  Fee for the issue of an official certificate in respect of a seed lot which was entered for one category and has been withdrawn and is being re-entered as:—

On application
(i)

pre-basic or basic seed of—

(a)

grasses, legumes (except field beans and field peas) and crucifers

46.20(44.00)
(b)

field beans and peas

39.85(37.97)
(ii)

certified seed of grasses, legumes (except field beans and field peas) and crucifers

46.20(44.00)
(iii)

certified seed of the first and second generation of field beans and peas

37.10(35.35)
(iv)

commercial seed of the kinds for the time being specified in regulation 3(3) of the Fodder Plant Seeds Regulations 1993

40.75(38.80)

Regulation 3

SCHEDULE 3MATTERS ARISING UNDER THE OIL AND FIBRE PLANT SEEDS REGULATIONS 1993(8)

(1)(2)(3)(4)
MatterWhen payblefeeOld fee
£(9)
Initial fees

A.  Initial fee per hectare or part thereof for crops intended to produce:

On application for registration
(i)

pre-basic or basic seed

28.50(27.15)
(ii)

all other categories of seed

13.60(12.95)
Crop inspection fees

B.  Fee for official examination or re-examination of crops intended to produce pre-basic or basic seed, per hectare or part thereof examined.

On application12.90(12.30)
Fee for official examination or re-examination of crops produced from seed of a variety entered for but not added to the National List (or to the equivalent list in another Member State) intended to produce certified seed, certified seed of the first generation, certified seed of the second generation or certified seed of the third generation, per hectare or part thereof examined.On application12.90( — )
Seed lot fee

C.  Fee for the issue of an official certificate (other than in the circumstances described under E. below) in respect of a seed lot entered as:—

On application
(i)

breeder's, pre-basic or basic seed

51.75(49.30)
(ii)

all other categories of seed

51.75(49.30)
Seed testing fees

D.  Fees for an official examination of seed for:—

Within one month of demand by or on behalf of the appropriate Minister
(i)

sunflower for Botrytis spp

43.95(41.85)
(ii)

flax and linseed for:—

(a)

Alternaria spp

(b)

Phoma exiqua var. linicola

(c)

Colletotrichum lini

(d)

Fusarium spp

(e)

Botrytis spp

36.15(34.45)
(iii)

soya bean for Pseudomonas syringae pv. glycinea spp

for one sub-sample test63.00(60.00
for five sub-sample tests210.00(200.00)
(iv)

soya bean for Diaporthe phaselorum spp

39.40(37.50)
Seed lot re-entry fee

E.  Fee for the issue of an official certificate in respect of a seed lot which was entered for one category and has been withdrawn and is being re-entered in any category

On application36.25(34.50)

Regulation 3

SCHEDULE 4MATTERS ARISING UNDER THE BEET SEEDS REGULATIONS 1993(10)

(1)(2)(3)(4)
MatterWhen payableFeeOld fee
££(11)
Initial fees

A.  Initial fee per hectare or part thereof for crops intended to produce:

On application for registration
(i)

pre-basic or basic seed

33.65(32.05)
(ii)

certified seed

15.55(14.80)
Crop inspection fees

B.  Fee for official examination or re-examination of crops intended to produce pre-basic or basic seed per hectare or part thereof examined.

On application12.90(12.30)
Fee for official examination or re-examination of crops produced from seed of a variety entered for but not added to the National List (or to the equivalent list in another Member State) intended to produce certified seed, per hectare or part thereof examined.On application12.90( — )
Seed lot fee

C.  Fee for the issue of an official certificate (other than in the circumstances described under D. below) in respect of a seed lot entered as:—

On application
(i)

pre-basic or basic seed

63.40(60.40)
(ii)

certified seed

62.05(59.10)
Seed lot re-entry fee

D.  Fee for the issue of an official certificate in respect of a seed lot which was entered for one category and has been withdrawn and is being re-entered as:—

On application
(i)

pre-basic or basic seed

44.40(42.30)
(ii)

certified seed

43.45(41.40)

Regulation 3

SCHEDULE 5MATTERS ARISING UNDER THE VEGETABLE SEEDS REGULATIONS 1993(12)

(1)(2)(3)(4)
MatterWhen payableFeeOld fee
££(13)
Initial fees

A.  Initial fee for crops intended to produce:

On application for registration
(i)

pre-basic or basic seed of—

(a)

all kinds, except peas, broad beans, cucumber, gherkin and tomato, per hectare or part thereof entered

45.25(43.10)
(b)

peas and broad beans per hectare or part thereof entered

28.50(27.15)
(c)

cucumber, gherkin and tomato, per crop entered

45.25(43.10)
(ii)

certified seed of—

(a)

all kinds, except peas, broad beans, cucumber, gherkin and tomato, per hectare or part thereof entered

24.50(23.35)
(b)

peas and broad beans per hectare or part thereof entered

11.65(11.10)
(c)

cucumber, gherkin and tomato, per crop entered

24.50(23.35)
Crop inspection fees

B.  Fee for official examination or re-examination of crops intended to produce:

On application
(i)

A(i)(a) or (b) above, per hectare or part thereof examined

12.90(12.30)
(ii)

A(i)(c) above, per crop examined

12.90(12.30)
Fee for official examination or re-examination of crops produced from seed of a variety entered for but not added to the National List (or to the equivalent list in another Member State) intended to produce:On application
(i)

A(ii)(a) or (b) above, per hectare or part thereof examined

12.90( — )
(ii)

A(ii)(c) above, per crop examined

12.90( — )
Seed lot fee

C.  Fee for the issue of an official certificate (other than in the circumstances described under D. below) in respect of a seed lot entered

On application103.50(98.55)
Seed lot re-entry fee

D.  Fee for the issue of an official certificate in respect of a seed lot which was entered for one category and has been withdrawn and is being re-entered in any category

On application72.45(69.00)

Regulation 3

SCHEDULE 6MATTERS ARISING UNDER THE SEEDS (REGISTRATION, LICENSING AND ENFORCEMENT) REGULATIONS 1985(14)

(1)(2)(3)(4)
MatterWhen payableFeeOld fee
££(15)
Representations by, and hearings of, a seed merchant, processor or packer
(i)

Fee for making written representations to the Minister

On making representations32.35(30.80)
(ii)

Fee for being heard by a person appointed by the Minister

On applying to be heard64.70(61.60)
Licensed Seed Testing Stations
(i)

Annual fee payable during the currency of the licence (or a proportion thereof in respect of a part of a year)

Within one month of demand by the Minister, annually in advance2,135.00(2,033.00)
(ii)

Fee payable by a Licensed Seed Testing Station in respect of an official examination of seed

Within one month of demand by the Minister, annually in arrears9.20(8.75)
Examination fees
(i)

Examination for crop inspector in respect of

  • cereals,

  • field beans, field peas and pulses, or

  • grasses and herbage legumes,

(a)

examination

Before the examination149.95(142.80
(b)

re-sit of examination (other than cereals)

Before the examination149.95(142.80)
(c)

re-sit of either part of cereals examination

Before the examination74.95(71.40)
(d)

re-test

Before the examination74.95(71.40)
(ii)

Examination for crop inspector in respect of

  • sugar beet, or

  • fodder and oil crucifers; turnips; fodder beet and mangels; flax and linseed; soya bean,

(a)

examination

Before the examination93.70(89.25)
(b)

re-sit of examination

Before the examination93.70(89.25)
(c)

re-test

Before the examination74.95(71.40)
(iii)

Examination for seed sampler

Before the examination93.70(89.25)

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Seeds (Fees) Regulations 1985 (as amended). They prescribe revised fees in respect of matters arising under the Cereal Seeds Regulations 1993 (as amended), the Fodder Plant Seeds Regulations 1993 (as amended), the Oil and Fibre Plant Seeds Regulations 1993 (as amended), the Beet Seeds Regulations 1993 (as amended), the Vegetable Seeds Regulations 1993 (as amended) and the Seeds (Registration, Licensing and Enforcement) Regulations 1985 (as amended) (regulation 2). They also provide for fees to be charged for examinations for crop inspectors and seed samplers.

The matters in respect of which the revised fees are prescribed are listed in the Schedule to these Regulations, and the fees which were chargeable before these Regulations came into force are printed in italics beside the revised fees. New fees have been introduced for crop examinations of crops produced from seed of a variety entered for but not added to the National List (or to the equivalent list in another Member State) intended to produce certified seed, certified seed of the first generation, certified seed of the second generation or certified seed of the third generation.

All fees have been increased by five per cent. rounded to the nearest five pence except in the case of the annual fee for Licensed Seed Testing Stations which has been rounded to the nearest £1.

A Regulatory Appraisal has been prepared in accordance with section 65 of the Government of Wales Act 1998. Copies can be obtained from the National Assembly for Wales Agriculture Department, Cathays Park, Cardiff CF10 3NQ.

(1)

1964 c. 14; section 16 was amended by the European Communities Act 1972 (c. 68) section 4(1) and Schedule 4, paragraph 5(1), (2) and (3); see section 38(1) (as amended by S.I. 1978/272) for a definition of “the Minister”. Under the Transfer of Functions (Wales) (No. 1) Order 1978 (S.I. 1978/272), article 2(1) and Schedule 1, the functions of the Minister of Agriculture, Fisheries and Food under the Plant Varieties and Seeds Act 1964 were, so far as they are exercisable in relation to Wales, transferred to the Secretary of State; and under article 2(a) and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (SI 1999/672) these functions, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales.

(2)

S.I. 1985/981; relevant amending instruments are S.I. 1990/610 and 1999/1553 and 1865.

(4)

S.I. 1993/2005, amended by S.I. 1995/1482, 1997/616 and 1999/1860.

(5)

The figures in italics are the fees which were charged under these Regulations before the coming into force of the Seeds (Fees) (Amendment) (Wales) Regulations 2001 (S.I. 2001/2533 (W.210) on 16 July 2001; where no figure is stated no fee was previously charged for the matter.

(6)

S.I. 1993/2009, amended by S.I. 1993/2529, 1996/1453, 1997/616 and 1999/1864.

(7)

The figures in italics are the fees which were charged under these Regulations before the coming into force of the Seeds (Fees) (Amendment) (Wales) Regulations 2001 (S.I. 2001/2533 (W.210) on 16 July 2001; where no figure is stated no fee was previously charged for the matter.

(8)

S.I. 1993/2007, amended by S.I. 1994/1423, 1996/1451, 1997/616 and 1999/1862.

(9)

The figures in italics are the fees which were charged under these Regulations before the coming into force of the Seeds (Fees) (Amendment) (Wales) Regulations 2001 (S.I. 2001/2533 (W.210) on 16 July 2001; where no figure is stated no fee was previously charged for the matter.

(10)

S.I. 1993/2006, amended by S.I. 1997/616 and 1999/1861.

(11)

The figures in italics are the fees which were charged under these Regulations before the coming into force of the Seeds (Fees) (Amendment) (Wales) Regulations 2001 (S.I. 2001/2533 (W.210) on 16 July 2001; where no figure is stated no fee was previously charged for the matter.

(12)

S.I. 1993/2008, amended by S.I. 1996/1452, 1997/616 and 1999/1863.

(13)

The figures in italics are the fees which were charged under these Regulations before the coming into force of the Seeds (Fees) (Amendment) (Wales) Regulations 2001 (S.I. 2001/2533 (W.210) on 16 July 2001; where no figure is stated no fee was previously charged for the matter.

(14)

S.I. 1985/980, amended by S.I. 1987/1098, 1990/611 and 1993/2530.

(15)

The figures in italics are the fees which were charged under these Regulations before the coming into force of the Seeds (Fees) (Amendment) (Wales) Regulations 2001 (S.I. 2001/2533 (W.210) on 16 July 2001.

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