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The Plant Health (Export Certification) (Wales) (Amendment) Order 2018

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Title, application and commencement

1.  The title of this Order is the Plant Health (Export Certification) (Wales) (Amendment) Order 2018, it applies in relation to Wales and comes into force on 25 July 2018.

Amendment of the Plant Health (Export Certification) (Wales) Order 2006

2.—(1) The Plant Health (Export Certification) (Wales) Order 2006(1) is amended as follows.

(2) For article 5 substitute—

5.(1) The fees specified in the table in Schedule 3 are payable in respect of the services described in column 1 of the table by a person who applies for a certificate or a pre-export service.

(2) The amount of the fee in respect of any service described in column 1 of the table in Schedule 3 is—

(a)in the case of a small exporter who, at the date of the application, has only been liable during the financial year in which the application is made to pay fees of £250 or less in respect of services under this Order, the amount specified in the corresponding entry in column 3 of that table, determined in accordance with the entries for that service in column 2 of that table;

(b)in any other case, the amount specified in the corresponding entry in column 4 of that table, determined in accordance with the entries for that service in column 2 of that table.

(3) The fees specified in the entries in columns 3 and 4 of the table in Schedule 3 in respect of an inspection of a consignment or an audit of a grain inspection are payable for each 15 minutes (or part thereof) spent in carrying out the inspection or audit and any associated activities, subject to the minimum fees specified in those entries.

(4) Where a person submits an application for a certificate or a pre-export service or a request to amend a certificate in paper form (and not online), the following additional fee is payable in respect of the application or the request—

(a)in the case of a small exporter who, at the date of the application or request, has only been liable during the financial year in which the application or request is made to pay fees of £250 or less in respect of services under this Order, £7.43;

(b)in any other case, £14.86.

(5) Any fee payable under this article is payable to the Welsh Ministers on demand.

(6) In this article, “small exporter”, in relation to an application for a certificate or a pre-export service or a request to amend a certificate, means a person who—

(a)in the financial year in which the application or request is made—

(i)is not a taxable person for the purposes of the Value Added Tax Act 1994(2); or

(ii)does not make a taxable supply of plants, plant products, seeds, soil or agricultural machinery for the purposes of the Value Added Tax Act 1994; or

(b)in the financial year preceding the year in which the application or request is made, exported goods which were accompanied by a certificate the total value of which was less than £5,000.

(3) For Schedule 3 substitute—

Article 5(1)

SCHEDULE 3Fees for export certification services and pre-export services

In this Schedule—

“period 1” (“cyfnod 1”) means the period ending on 30 September 2018;

“period 2” (“cyfnod 2”) means the period beginning on 1 October 2018 and ending on 31 March 2019.

(1)

Service

(2)

Date

(3)

Fee (£)

(4)

Fee (£)

Inspection of

consignment

In the case of an

inspection carried

out in period 1

34.44 for each 15 minutes

(or part thereof), subject to a minimum fee of 68.88

68.88 for each 15

minutes (or part thereof), subject to a minimum fee of 137.76

In the case of an

inspection carried

out in period 2

35.38 for each 15 minutes (or part thereof), subject

to a minimum fee of 70.76

70.76 for each 15

minutes (or part

thereof), subject to a

minimum fee of 141.52

In the case of an

inspection carried

out on or after 1

April 2019

36.80 for each 15 minutes (or part thereof), subject

to a minimum fee of 73.60

70.76 for each 15

minutes (or part thereof), subject to a minimum fee of 141.52

Audit of a grain

inspection carried out

pursuant to article

3(3)

In the case of an

audit carried out in period 1

9.90 for each 15 minutes

(or part thereof), subject

to a minimum fee of 19.80

19.80 for each 15

minutes (or part

thereof), subject to a

minimum fee of 36.90

In the case of an

audit carried out

in period 2

11.55 for each 15 minutes

(or part thereof), subject

to a minimum fee of 23.10

23.10 for each 15

minutes (or part

thereof), subject to a

minimum fee of 46.20

In the case of an

audit carried out

on or after 1

April 2019

13.20 for each 15 minutes

(or part thereof), subject to a minimum fee of 26.40

26.40 for each 15

minutes (or part

thereof), subject to a

minimum fee of 52.80

Laboratory

examination

In the case of a

laboratory

examination

carried out in period 1

7.69 per sample tested15.38 per sample tested

In the case of a

laboratory

examination

carried out in period 2

11.53 per sample tested

23.07 per sample

tested

In the case of a

laboratory

examination

carried out on or

after 1 April 2019

15.38 per sample tested

30.76 per sample

tested

Issue of certificate

In the case of a

certificate issued

in period 1

9.11 per certificate18.23 per certificate

In the case of a

certificate issued

in period 2

10.20 per certificate20.41 per certificate

In the case of a

certificate issued

on or after 1

April 2019

11.29 per certificate22.59 per certificate

Amendment of a

certificate at the

request of the exporter

7.43 per certificate14.86 per certificate

(4) Omit Schedule 4.

Hannah Blythyn

Minister for Environment under authority of the Cabinet Secretary for Energy, Planning and Rural Affairs, one of the Welsh Ministers

27 June 2018

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