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The Plant Health (Fees) (Wales) Regulations 2014

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Welsh Statutory Instruments

2014 No. 1792 (W. 185)

Plant Health, Wales

The Plant Health (Fees) (Wales) Regulations 2014

Made

6 July 2014

Laid before before the National Assembly for Wales

8 July 2014

Coming into force

2 August 2014

The Welsh Ministers make these Regulations, with the consent of the Treasury, in exercise of the powers conferred by section 56(1) and (2) of the Finance Act 1973(1) and now vested in them(2).

Title, application, commencement and interpretation

1.—(1) The title of these Regulations is the Plant Health (Fees) (Wales) Regulations 2014. They apply in relation to Wales and come into force on 2 August 2014.

(2) In these Regulations—

(a)“the Directive” (“y Gyfarwyddeb”) means Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community(3); and

(b)“the PHO” (“y GIP”) means the Plant Health (Wales) Order 2006(4).

(3) Terms used in these Regulations which are also used in the Directive have the meaning they have in the Directive.

Import inspection fees

2.—(1) This regulation applies in relation to a consignment of, or such part of a consignment as consists of—

(a)plants, plant products and other objects of a description specified in column 1 of Schedule 1 that are listed in Part B of Annex V to the Directive, or

(b)seeds of Solanaceae whether or not listed in that Part,

that are introduced into Wales from a country or territory other than one within the European Union or are the subject of an agreement made under article 12(6) of the PHO.

(2) Upon import of a consignment to which this regulation applies, an importer must pay to the Welsh Ministers—

(a)the fee specified—

(i)in column 3 of Schedule 1 in respect of a consignment of, or such part of a consignment as consists of, a plant, plant product or other object listed in column 1 of that Schedule, other than a consignment of, or such part of a consignment as consists of, a plant or plant product to which paragraph (ii) of this sub-paragraph applies, and

(ii)in column 4 of Schedule 2 in respect of a consignment of, or such part of a consignment as consists of, a plant or plant product listed in column 1 of that Schedule and originating from a country listed in column 3 of that Schedule; and

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

(3) But 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 (2)(a) in respect of that consignment is—

(a)the fee specified in column 4 of Schedule 1 to the extent (if any) that the consignment is a consignment to which paragraph (2)(a)(i) applies; or

(b)the fee specified in column 5 of Schedule 2 to the extent (if any) that the consignment is a consignment to which paragraph (2)(a)(ii) applies.

(4) In this regulation “daytime working hours” (“oriau gwaith yn ystod y dydd”) means any time between the hours of 8.30 a.m. and 5.00 p.m. on any day except a Saturday, Sunday, Christmas Day, Good Friday or a day which is a bank holiday in Wales under the Banking and Financial Dealings Act 1971(5).

Seed potatoes: fees

3.—(1) The fees specified in Schedule 4 are payable in respect of the functions specified in column 1 of that Schedule, which relate to an application for—

(a)certification of seed potatoes in accordance with regulation 9 of the Seed Potatoes (Wales) Regulations 2006(6);

(b)an authorisation to market seed potatoes in accordance with regulation 8 of those Regulations.

(2) The fee payable in respect of a function is subject to any minimum fee specified in column 3 of Schedule 4 in relation to that function.

(3) The fee in respect of a function specified in Schedule 4 must be paid to the Welsh Ministers or to any person authorised by the Welsh Ministers to carry out that function under the Seed Potatoes (Wales) Regulations 2006 on behalf of the Welsh Ministers.

Plant health licence fees

4.—(1) Fees payable under this regulation relate to a licence described in article 40 or 41 of the PHO.

(2) In respect of an application or inspection of a type described in column 2 of Schedule 5, a person must pay to the Welsh Ministers the fee specified in column 3 of that Schedule in relation to that type of application or inspection.

Plant passport authorisation fees

5.—(1) The fee specified in paragraph (2) must be paid to the Welsh Ministers in respect of an inspection (which may include an inspection of business records) carried out in connection with—

(a)an application for an authority; or

(b)ensuring compliance with any requirements imposed on the holder of an authority.

(2) The fee is £46.10(7) for each quarter of an hour or part of quarter of an hour (including time spent on an inspection, on travelling and on associated administration), subject to a minimum fee of £92.19(8) per visit.

(3) In this regulation “authority” (“awdurdod”) means an authority to issue plant passports conferred under article 8 of the Plant Health (Phytophthora ramorum) (Wales) Order 2006(9) or article 29 of the PHO.

Potatoes originating in Egypt: fees

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 to the Welsh Ministers £117.36 in respect of each lot sampled.

(2) In this regulation “the Decision” (“y Penderfyniad”) 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(10).

Potatoes originating in Lebanon: fees

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 Sepedonicus (Spieckermann and Kotthoff) Davis et al., the importer must pay to the Welsh Ministers £117.36 in respect of each lot sampled.

(2) In this regulation “the Decision” (“y Penderfyniad”) 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(11).

Unpaid fees

8.—(1) Where any sum due by way of, or on account of, any fee or any part of a fee payable by a registered plant trader under these Regulations remains unpaid, the Welsh Ministers may—

(a)recover the sum as a civil debt;

(b)after giving one month’s written warning, suspend the trader’s registration until the sum has been paid.

(2) In this regulation, “registered” (“cofrestredig”), “plant trader” (“masnachwr planhigion”) and “registration” (“cofrestriad”) have the meaning given by article 2(1) of the PHO.

Revocation

9.  The Plant Health (Fees) (Wales) Regulations 2013(12) are revoked.

Alun Davies

Minister for Natural Resources and Food, one of the Welsh Ministers

6 July 2014

Regulation 2(1)(a), (2)(a)(i) and (3)(a)

SCHEDULE 1Import Inspection Fees

Column 1

Plant, plant product or other object

Column 2

Quantity

Column 3

Fee for each consignment or relevant part of a consignment (daytime working hours) (£)

Column 4

Fee for each consignment or relevant part of a consignment (non-daytime working hours) (£)

Cuttings, seedlings (except forestry reproductive material), young plants of strawberries or of vegetablesup to 10,000 in number47.8771.80
each additional 1,000, or part thereof1.91, up to a maximum of 382.922.87, up to a maximum of 574.38
Shrubs, trees (other than cut Christmas trees), other woody nursery plants including forest reproductive material (other than seed)up to 1,000 in number47.8771.80
each additional 100, or part thereof1.17, up to a maximum of 382.921.76, up to a maximum of 574.38
Bulbs, corms, rhizomes, tubers, intended for planting (other than tubers of potatoes)up to 200 kg47.8771.80
each additional 10 kg, or part thereof0.44, up to a maximum of 382.920.65, up to a maximum of 574.38
Seeds, tissue culturesup to 100 kg20.5130.77
each additional 10 kg, or part thereof0.47, up to a maximum of 382.920.70, up to a maximum of 574.38
Other plants intended for planting, not specified elsewhere in this Scheduleup to 5,000 in number47.8771.80
each additional 100, or part thereof0.47, up to a maximum of 382.920.70, up to a maximum of 574.38
Cut flowersup to 20,000 in number47.8771.80
each additional 1,000, or part thereof0.37, up to a maximum of 382.920.55, up to a maximum of 574.38
Branches with foliage, parts of conifers (other than cut Christmas trees)up to 100 kg47.8771.80
each additional 100 kg, or part thereof4.76, up to a maximum of 382.927.14, up to a maximum of 574.38
Cut Christmas treesup to 1,000 in number47.8771.80
each additional 100, or part thereof4.76, up to a maximum of 382.927.14, up to a maximum of 574.38
Leaves of plants, such as herbs, spices and leafy vegetablesup to 100 kg47.8771.80
each additional 10 kg, or part thereof4.76, up to a maximum of 382.927.14, up to a maximum of 574.38
Fruits, vegetables (other than leafy vegetables)up to 25,000 kg47.8771.80
each additional 1,000 kg, or part thereof1.912.87
Tubers of potatoesup to 25,000 kg143.60 (for each lot)215.39 (for each lot)
each additional 25,000 kg, or part thereof143.60 (for each lot)215.39 (for each lot)
Soil and growing medium, barkup to 25,000 kg47.8771.80
each additional 1,000 kg, or part thereof1.91, up to a maximum of 382.922.87, up to a maximum of 574.38
Grainup to 25,000 kg47.8771.80
each additional 1,000 kg, or part thereof1.91, up to a maximum of 1914.602.87, up to a maximum of 2871.90
Other plants or plant products not specified elsewhere in this Schedule, except forest treeseach consignment47.8771.80

Regulation 2(2)(a)(ii) and (3)(b)

SCHEDULE 2Import Inspection Fees: Reduced Rates

Column 1

Genus

Column 2

Quantity

Column 3

Country of origin

Column 4

Fee for each consignment or relevant part of a consignment (daytime working hours) (£)

Column 5

Fee for each consignment or relevant part of a consignment (non-daytime working hours) (£)

Cut Flowers
Dianthusup to 20,000 in numberColombia1.432.15
Ecuador7.1810.77
Kenya2.393.59
Turkey11.9617.95
each additional 1,000 or part thereofColombia0.01, up to a maximum of 11.480.01, up to a maximum of 17.23
Ecuador0.05, up to a maximum of 57.430.08, up to a maximum of 86.15
Kenya0.02, up to a maximum of 19.140.03, up to a maximum of 28.71
Turkey0.09, up to a maximum of 95.730.13, up to a maximum of 143.59
Rosaup to 20,000 in numberColombia1.432.15
Ecuador1.432.15
Ethiopia4.787.18
Kenya2.393.59
Tanzania7.1810.77
Zambia11.9617.95
each additional 1,000 or part thereofColombia0.01, up to a maximum of 11.480.01, up to a maximum of 17.23
Ecuador0.01, up to a maximum of 11.480.01, up to a maximum of 17.23
Ethiopia0.04, up to a maximum of 38.290.06, up to a maximum of 57.43
Kenya0.02, up to a maximum of 19.140.03, up to a maximum of 28.71
Tanzania0.05, up to a maximum of 57.430.08, up to a maximum of 86.15
Zambia0.09, up to a maximum of 95.730.13, up to a maximum of 143.59
Branches with foliage
Phoenixup to 100 kgCosta Rica16.7525.13
each additional 100 kg or part thereofCosta Rica1.66, up to a maximum of 134.022.49, up to a maximum of 201.03
Fruit
Citrusup to 25,000 kgEgypt7.1810.77
Israel4.787.18
Mexico7.1810.77
Morocco2.393.59
Peru7.1810.77
Tunisia11.9617.95
Turkey1.432.15
Uruguay7.1810.77
USA7.1810.77
each additional 1,000 kg or part thereofEgypt0.280.43
Israel0.190.28
Mexico0.280.43
Morocco0.090.14
Peru0.280.43
Tunisia0.470.71
Turkey0.050.08
Uruguay0.280.43
USA0.280.43
Malusup to 25,000 kgArgentina11.9617.95
Brazil11.9617.95
Chile2.393.59
New Zealand4.787.18
South Africa2.393.59
USA23.9335.90
each additional 1,000 kg or part thereofArgentina0.470.71
Brazil0.470.71
Chile0.090.14
New Zealand0.190.28
South Africa0.090.14
USA0.951.43
Mangiferaup to 25,000 kgBrazil23.9335.90
each additional 1,000 kg or part thereofBrazil0.951.43
Passifloraup to 25,000 kg

Colombia

4.787.18
Kenya4.787.18
South Africa16.7525.13
Zimbabwe35.9053.85
each additional 1,000 kg or part thereofColombia0.190.28
Kenya0.190.28
South Africa0.661.00
Zimbabwe1.432.15
Prunusup to 25,000 kgArgentina23.9335.90
Chile4.787.18
Morocco23.9335.90
South Africa4.787.18
Turkey7.1810.77
USA7.1810.77
each additional 1,000 kg or part thereofArgentina0.951.43
Chile0.190.28
Morocco0.951.43
South Africa0.190.28
Turkey0.280.43
USA0.280.43
Pyrusup to 25,000 kgArgentina4.787.18
Chile11.9617.95
China23.9335.90
South Africa4.787.18
each additional 1,000 kg or part thereofArgentina0.190.28
Chile0.470.71
China0.951.43
South Africa0.190.28
Vacciniumup to 25,000 kgArgentina11.9617.95
each additional 1,000 kg or part thereofArgentina0.470.71
Vegetables
Capsicumup to 25,000 kgIsrael2.393.59
each additional 1,000 kg or part thereofIsrael0.090.14
Momordicaup to 25,000 kgSurinam16.7525.13
each additional 1,000 kg or part thereofSurinam0.661.00
Solanum melongenaup to 25,000 kgKenya4.787.18
Turkey4.787.18
each additional 1,000 kg or part thereofKenya0.190.28
Turkey0.190.28

Regulation 2(2)(b)

SCHEDULE 3Import Inspection Fees: Documentary and Identity Checks

Column 1

Check

Column 2

Quantity

Column 3

Fee (£)

Documentaryeach consignment5.71
Identityeach consignment up to the size of a truck load, a railway wagon load or the load of a container of comparable size5.71
each consignment bigger than the above size11.42

Regulation 3

SCHEDULE 4Seed Potatoes: Fees

Column 1

Function

Column 2

Fee(1) (£)

Column 3

Minimum fee (£)

(1)

Of the rates listed in this column and in column 3, those that are marked with an asterisk are per hour or part of an hour, and those not so marked are per half-hectare.

Inspection of growing crops and provision of labels and seals in respect of applications
Certification as pre-basic seed potato129.84*n/a
Certification as basic seed potato, classified as:super elite 1, super elite 2 or super elite 364.92129.84
elite 1, elite 2 or elite 364.92129.84
A61.71123.43
Certification as certified seed potato56.10112.20
Authorisation to market seed potatoes129.84*n/a
Inspection of harvested tubers
Up to two inspections19.2438.47
Third and subsequent inspections129.84*n/a

Regulation 4(2)

SCHEDULE 5Plant Health Licence Fees

Column 1

Item

Column 2

Type of application or inspection

Column 3

Fee (£)

1Application for a licence other than a licence covered by item 2 or 3 or 5809.83
2Application for a licence in respect of soil or other growing medium for analysis584.14
3Application for a licence for scientific or trial purposes covering 5 or more types of article809.83, plus 31.86 per type of article in excess of 5
4Application for renewal or variation of a licence with changes requiring scientific or technical assessment265.21
5Application for a licence authorising the introduction of potatoes, other than potatoes intended for planting, originating in the region of Akkar or Bekaa of Lebanon31.86
6Application for renewal of a licence with no changes, or for renewal or variation of a licence with only minor changes requiring no scientific or technical assessment31.86
7Inspection and associated activities (including travelling time and office time) for monitoring compliance with licence terms and conditions46.11 per hour or part of an hour

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, which apply in relation to Wales, specify fees payable to the Welsh Ministers in the field of plant health. They revoke and replace the Plant Health (Fees) (Wales) Regulations 2013 (S.I. 2013/1700 (W. 164)) (“the 2013 Regulations”) (regulation 9).

The fees are payable in relation to specified inspections and other operations carried out pursuant to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (OJ No L 169, 10.7.2000, p. 1).

The fees for documentary, identity and plant health checks in relation to certain imports of plants, plant products and other objects from third countries (regulation 2 and Schedules 1, 2 and 3) are specified pursuant to the requirement in Article 13d of Council Directive 2000/29/EC.

The fee levels provided for in these Regulations form the final part of a phased move towards full cost recovery of fees over a period of three years. These Regulations provide for average decreases and increases in, and the continuation unchanged of, the fees specified in the 2013 Regulations as follows:

(1) import inspection fees (other than documentary and identity checks) decrease by 3.5% (regulation 2 and Schedules 1 and 2);

(2) fees for import inspection documentary and identity checks increase by 24.5% (regulation 2 and Schedule 3);

(3) fees relating to seed potato inspections remain unchanged (regulation 3 and Schedule 4);

(4) licensing fees increase by 2.2% (regulation 4 and Schedule 5);

(5) fees for plant passporting services increase by 21.2% (regulation 5); and

(6) fees for inspections of potatoes originating in Egypt remain unchanged (regulation 6).

New fees are introduced in relation to potatoes originating in Lebanon as follows: £31.86 for an application for a licence (Schedule 5, item 5) and £117.39 for an inspection (regulation 7).

Regulation 8 sets out the consequences of failure to pay any fee.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, regulatory impact assessments have been prepared (for the majority of fees specified) as to the likely costs and benefits of complying with these Regulations. With regard to fees in relation to potatoes originating in Lebanon, it was not considered necessary to carry out a regulatory impact assessment. Copies of the regulatory impact assessments can be obtained from the Natural Environment and Agriculture Team, Welsh Government, Cathays Park, Cardiff CF10 3NQ.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, regulatory impact assessments have been prepared (for the majority of fees specified) as to the likely costs and benefits of complying with these Regulations. With regard to fees in relation to potatoes originating in Lebanon, it was not considered necessary to carry out a regulatory impact assessment. Copies of the regulatory impact assessments can be obtained from the Natural Environment and Agriculture Team, Welsh Government, Cathays Park, Cardiff CF10 3NQ.

(1)

1973 c. 51. Subsection (1) was amended by S.I. 2011/1043, article 6(1)(e).

(2)

By virtue of section 59(5) of the Government of Wales Act 2006 c. 32.

(3)

OJ No L 169, 10.7.2000, p. 1, as last amended by Commission Implementing Directive 2014/19/EU (OJ No L 38, 07.02.2014, p. 30).

(5)

1971 c .80; see section 1 and Schedule 1.

(6)

S.I. 2006/2929 (W. 264), to which there are amendments not relevant to these Regulations.

(7)

The equivalent fee payable under regulation 5(2) of the Plant Health (Fees) (Wales) Regulations 2013 (S.I. 2013/1700 (W. 164)) before commencement of these Regulations was £38.05.

(8)

The equivalent minimum fee payable under regulation 5(2) of the Plant Health (Fees) (Wales) Regulations 2013 before commencement of these Regulations was £76.10.

(9)

S.I. 2006/1344 (W. 134), to which there are amendments not relevant to these Regulations.

(10)

OJ No L 319, 2.12.2011, p. 112.

(11)

OJ No L 205, 1.8.2013, p. 13.

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