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The Seeds (Fees) (Amendment) (Wales) (No. 2) Regulations 2002

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Welsh Statutory Instruments

2002 No. 1870 (W.183)

SEEDS, WALES

The Seeds (Fees) (Amendment) (Wales) (No. 2) Regulations 2002

Made

18th July 2002

Coming into force

23rd July 2002

The National Assembly for Wales, acting 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, extent and commencement

1.  These Regulations may be cited as the Seeds (Fees) (Amendment) (Wales) (No. 2) Regulations 2002, shall extend to Wales and shall come into force on 23rd July 2002.

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

18th July 2002

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)
MatterWhen payableFeeOld fee
££(5)
A. Initial fees
Initial fee per hectare or part thereof for crops intended to produce:On application for registration

(i)pre-basic or basic seed

27.15(25.85)

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

6.85(6.50)

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

6.10(5.80)
B. Crop inspection fees
Fee for official examination or re-examination of crops intended to produce pre-basic or basic seed, per hectare or part thereof examined.On application13.55(12.90)
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 application13.55(12.90)
C. Seed lot fee
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

44.85(42.70)

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

22.35(21.30)
D. Seed testing fees
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 appropriate Minister39.40(37.50)
E. Fees for additional tests
Fee for a Tetrazolium seed viability test in C1 Winter Wheat and C1 Winter BarleyWithin one month of demand by or on behalf of the appropriate Minister46.20(44.00)
F. Seed lot re-entry fee
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

31.35(29.85)

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

15.65(14.90)

Regulation 3

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

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

20.40(19.45)

(b)field beans and field peas

17.65(16.80)

(ii)certified seed of grasses, legumes (except field beans, field peas, white lupin, narrow-leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch and lucerne) and crucifers

9.55(9.10)

(iii)certified seed of the first and second generation of field beans and field peas

8.15(7.75)

(iv)certified seed of the first generation of white lupin, narrow-leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch and lucerne

9.55(9.10)
B. Crop inspection fee
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 application13.55(12.90)
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 of grasses, legumes, (except field beans, field peas, white lupin, narrow-leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch and lucerne) and crucifers or certified seed of the first generation and certified seed of the second generation of field beans and field peas or certified seed of the first generation of white lupin, narrow-leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch and lucerne per hectare or part thereof examined.On application13.55(12.90)
C. Seed lot fee
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

36.70(34.95)

(b)field beans and field peas

59.75(56.20)

(ii)pre-basic or basic seed of—

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

69.30(66.00)

(b)field beans and field peas

59.75(56.90)

(iii)certified seed of grasses, legumes (except field beans, field peas, white lupin, narrow-leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch and lucerne) and crucifers

69.30(66.00)

(iv) certified seed of the first and second generation of field beans and field peas

55.70(53.05)

(ivA)certified seed of the first generation of white lupin, narrow-leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch and lucerne

69.30(66.00)

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

61.10(58.20)
D. Seed lot re-entry fee
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

48.50

(b)field beans and peas

(ii)certified seed of grasses, legumes (except field beans, field peas, white lupin, narrow-leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch and lucerne) and crucifers

41.85

48.50

(iii)certified seed of the first and second generation of field beans and peas

42.80(40.75)

(iiiA)certified seed of the first generation of white lupin, narrow-leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch and lucerne

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

Regulation 3

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

(1)(2)(3)
MatterWhen payableFee £Old fee
£(9)
A. Initial fees
Initial fee per hectare or part thereof for crops intended to produce:On application for registration

(i)pre-basic or basic seed

29.95(28.50)

(ii)all other categories of seed

14.30(13.60)
B. Crop inspection fees
Fee for official examination or re-examination of crops intended to produce pre-basic or basic seed, per hectare or part thereof examined.On application13.55(12.90)
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 application13.55(12.90)
C. Seed lot fee
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

54.35(51.75)

(ii)all other categories of seed

54.35(51.75)
D. Seed testing fees
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

46.15(43.95)

(ii)flax and linseed for:—

(a)Alternaria spp

(b)Phoma exiqua var. linicola

(c)Colletotrichum lini

(d)Fusarium spp

(e)Botrytis spp

37.95(36.15)

(iii)soya bean for Pseudomonas syringae

pv. glycinea spp for one sub-sample66.15(63.00)
test for five sub-sample tests220.50(210.00)

(iv)soya bean for Diaporthe phaselorum spp

41.35(39.40)
E. Seed lot re-entry fee
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 categoryOn application38.05(36.25)

Regulation 3

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

(1)(2)(3)
MatterWhen payableFeeOld fee
££(11)
A. Initial fees
Initial fee per hectare or part thereof for crops intended to produce:On application for registration

(i)pre-basic or basic seed

35.35(33.65)

(ii)certified seed

16.35(15.55)
B. Crop inspection fees
Fee for official examination or re-examination of crops intended to produce pre-basic or basic seed per hectare or part thereof examined.On application13.55(12.90)
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 application13.55(12.90)
C. Seed lot fee
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

66.55(63.40)

(ii)certified seed

65.15(62.05)
C. Seed lot re-entry fee
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

46.60(44.40)

(ii)certified seed

45.60(43.45)

Regulation 3

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

(1)(2)(3)
MatterWhen payableFeeOld fee
££(13)
A. Initial fees
Initial fee for crops intended to produce:On application for registration

(i)pre-basic or basic seed of—

47.50(45.25)

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

(b)peas and broad beans per hectare or part thereof entered

29.95(28.50)

(c)cucumber, gherkin and tomato, per crop entered

47.50(45.25)

(ii)certified seed of—

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

25.75(24.50)

(b)peas and broad beans per hectare or part thereof entered

12.25(11.65)

(c)cucumber, gherkin and tomato, per crop entered

25.75(24.50)
B. Crop inspection fees
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

13.55(12.90)

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

13.55(12.90)
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

13.55(12.90)

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

13.55(12.90)
C. Seed lot fee
Fee for the issue of an official certificate (other than in the circumstances described under D. below) in respect of a seed lot enteredOn application108.70(103.50)
D. Seed lot re-entry fee
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 categoryOn application76.05(72.45)

Regulation 3

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

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

(i)Fee for making written representations to the National Assembly for Wales

On making representations33.95(32.35)

(ii)Fee for being heard by a person appointed by the National Assembly for Wales

On applying to be heard67.95(64.70)
B. 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 National Assembly for Wales annually in advance1,800.00(2,135.00)

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

Within one month of demand by the National Assembly for Wales, annually in arrears9.65(9.20)
C. 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 examination157.45(149.95)

(b)re-sit of examination (other than cereals)

Before the examination157.45(149.95)

(c)re-sit of either part of cereals examination

Before the examination78.70(74.95)

(d)re-test

Before the examination78.70(74.95)

(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 examination98.40(93.70)

(b)re-sit of examination

Before the examination98.40(93.70)

(c)re-test

Before the examination78.70(74.95)

(iii)Examination for seed sampler

Before the examination98.40(93.70)

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).

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.

All fees have been increased by 5 per cent. rounded to the nearest five pence except in the case of the annual fee for Licensed Seed Testing Stations which has been reduced by £335.

A Regulatory Appraisal has been prepared and copies can be obtained from the National Assembly for Wales, 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”; 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 for Wales by the Transfer of Functions (Wales) (No. 1) Order 1978 (S.I. 1978/272); and under article 2(a) and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 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, 1999/1553 and 1865, 2001/2533 (W. 210) and 2002/1554(W.152).

(4)

S.I. 1993/2005, amended by S.I. 1995/1482, 1997/616, 1999/1860 and 2001/3664 (W. 296).

(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) (No. 2) Regulations 2002 (S.I. 2002/1870 (W.183)) on 23rd July 2002.

(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) (No. 2) Regulations 2002 (S.I. 2002/1870 (W.183)) on 23rd July 2002.

(8)

S.I. 1993/2007, amended by S.I. 1994/1423, 1996/1451, 1997/616, 1999/1862 and 2001/3669(W.300).

(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) (No. 2) Regulations 2002 (S.I. 2002/1870 (W.183)) on 23rd July 2002.

(10)

S.I. 1993/2006, amended by S.I. 1997/616, 1999/1861 and 2001/3658 (W.295).

(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) (No. 2) Regulations 2002 (S.I. 2002/1870 (W.183)) on 23rd July 2002.

(12)

S.I. 1993/2006, amended by S.I. 1997/616, 1999/1861 and 2001/3667 (W. 299).

(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) (No. 2) Regulations 2002 (S.I. 2002/1870 (W.183)) on 23rd July 2002.

(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) ( No. 2) Regulations 2002 (S.I. 2002/1870 (W.183)) on 23rd July 2002.

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