2019 No. 497 (W. 114)
The Plant Health (Fees) (Forestry) (Wales) Regulations 2019
Made
Laid before the National Assembly for Wales
Coming into force
1972 c.68: section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and Part 1 of the European Union (Amendment) Act 2008 (c.7).
Title, application and commencementI11
1
The title of these Regulations is the Plant Health (Fees) (Forestry) (Wales) Regulations 2019.
2
These Regulations apply in relation to Wales.
3
These Regulations come into force on 28 March 2019.
F1Interpretation2
1
In these Regulations—
“approved place of inspection” (“man arolygu a gymeradwywyd”) has the meaning given in F4regulation 13(10) of the Official Controls (Plant Health) Regulations 2020;
F19“controlled consignment” means a consignment which—
- a
is introduced into Wales from a third country; and
- b
consists of, or includes, isolated bark or wood of a type that is described in Part A of Annex 11, or Annex 12, to Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants.
- a
“the F20... Plant Health Regulation” (“Rheoliad Iechyd Planhigion yr UE”) means Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants;
F5“forestry remedial notice” (“hysbysiad adfer coedwigaeth”) means a notice served by a plant health inspector under regulation 10 or 15(1) or (2) of the Official Controls (Plant Health) Regulations 2020;
F6“licence” (“trwydded”) means—
- a
a licence referred to in regulation 51(1) of the Official Controls (Plant Health) Regulations 2020 that has been granted by the Welsh Ministers, or
- b
an authorisation described in regulation 20(1)(a) or (b)(i) or 21(1)(a) F16or (b) of the Official Controls (Plant Health) Regulations 2020 granted by the Welsh Ministers;
- a
F7“the Official Controls (Plant Health) Regulations 2020” (“Rheoliadau Rheolaethau Swyddogol (Iechyd Planhigion) 2020”) means the Official Controls (Plant Health and Genetically Modified Organisms) (Wales) Regulations 2020;
F10...
F21...
F8“plant health inspector” (“arolygydd iechyd planhigion”) means an official plant health officer appointed by the Welsh Ministers for the purposes of the Official Controls (Plant Health) Regulations 2020;
“plant passport authority” (“awdurdodiad pasbort planhigion”) means an authorisation described in Article 89(1) of the F22... Plant Health Regulation F9and granted by the Welsh Ministers;
F23“professional operator” means any person, governed by public or private law, involved professionally in, and legally responsible for, one or more of the following activities concerning plants, plant products and other objects—
- a
planting;
- b
breeding;
- c
production, including growing, multiplying and maintaining;
- d
introduction into, and movement within and out of Northern Ireland;
- e
making available on the market;
- f
storage, collection, dispatching and processing;
- a
F11...
“remedial work” (“gwaith adfer”) means any steps taken by a person for the purposes of complying with F12a forestry remedial notice, or by a plant health inspector under regulation 16(1) of the Official Controls (Plant Health) Regulations 2020;
“WPM authorisation” (“awdurdodiad DPP”) means an authorisation described in Article 98(1) of the F18... Plant Health Regulation F13and granted by the Welsh Ministers.
2
Words and expressions which are not defined in these Regulations and which appear in the F17... Plant Health Regulation or in Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure that application of food and feed law, rules on animal health and welfare, plant health and plant protection products have the same meaning in these Regulations as they have in the F17... instrument in question.
FeesI23
1
Fees payable under this regulation are payable to the Welsh Ministers.
2
The fee payable for an inspection and associated activities in connection with the granting, variation, or suspension of a plant passport authority or for monitoring compliance with that authority is specified in Schedule 1.
3
The fee payable in connection with an application for a licence (including an application for an extension or variation of a licence), for an inspection and associated activities in connection with an application for a licence or for monitoring compliance with the terms and conditions of a licence is specified in Schedule 2.
4
The importer of a controlled consignment must pay—
a
in the case of a plant health check in respect of the consignment, the fee specified for the relevant type of consignment in item 1 or 2 of the table in Schedule 3;
b
in the case of a documentary check in respect of the consignment, the fee specified in item 1 of the table in Schedule 4;
c
in the case of an identity check in respect of the consignment, the fee specified in item 2 of the table in Schedule 4.
5
Where, at the request of an importer of a controlled consignment, a plant health check is carried out on the consignment at an approved place of inspection, the importer must pay the fee of £30 for each visit made by an inspector in the course of conducting the plant health check at the approved place of inspection, in addition to the fee payable under paragraph (4)(a).
F35A
F28Subject to paragraph (5E) the fee payable in connection with an application to the Welsh Ministers for a phytosanitary certificate for export or phytosanitary certificate for re-export is the fee specified in Schedule 4A.
5B
The fee payable in connection with an application to the Welsh Ministers for a WPM authorisation is the fee specified in Schedule 4B.
F295C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F305D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F315E
The fee specified in Schedule 4A is not payable in respect of a consignment to be transported to Northern Ireland—
a
by a person acting otherwise than in the course of a business, where the consignment is not to be placed on the market, or
b
for delivery to—
i
a professional operator whose principal place of business is in Northern Ireland, or
ii
any person resident in Northern Ireland, where the consignment is not to be placed on the market or used for the purposes of any business.
5F
Paragraph (5E) ceases to have effect at the end of 30 June 2025.
F156
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F146A
The person on whom a forestry remedial notice is served or who is given notice under regulation 16(1) of the Official Controls (Plant Health) Regulations 2020 must pay the fee specified in Schedule 5 for the carrying out or the monitoring by a plant health inspector of remedial work and associated activities in connection with a controlled consignment.
RevocationsI34
The following Regulations are revoked—
a
the Plant Health (Fees) (Forestry) Regulations 2006 M3;
b
the Plant Health (Fees) (Forestry) (Amendment) Regulations 2008 M4;
c
the Plant Health (Fees) (Forestry) (Amendment) Regulations 2009 M5;
d
the Plant Health (Fees) (Forestry) (Amendment) Regulations 2010 M6.
F26SCHEDULE 1Fees for inspections in connection with a plant passport authority
Sch. 1 substituted (5.8.2021) by The Plant Health (Fees) (Forestry) (Wales) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/838), regs. 1(2), 2(2)
Type of inspection | Fee |
---|---|
Physical inspection and associated activities (including travelling and office time) in connection with granting, variation or suspension of a plant passport authority or for monitoring compliance with that authority— | |
(a) up to and including the first hour; | £49.50 |
(b) thereafter, for each additional 15 minutes or part thereof | £12.38 |
I4SCHEDULE 2FEES IN CONNECTION WITH LICENCES
Sch. 2 in force at 28.3.2019, see reg. 1(3)
Item | Type of application or inspection | Fee |
---|---|---|
1 | Application for a licence | £305 |
2 | Application for an extension or variation of a licence with changes requiring scientific or technical assessment | £100 |
3 | Application for an extension of a licence with no changes or for an extension or variation of a licence with changes not requiring scientific or technical assessment | £12 |
4 | Inspection and associated activities (including travelling and office time) in connection with item 1, 2 or 3 or for monitoring compliance with licence terms and conditions— | |
| £37 | |
| £9.25 |
I5SCHEDULE 3FEES FOR PLANT HEALTHCHECKS
Sch. 3 in force at 28.3.2019, see reg. 1(3)
Word in Sch. 3 para. 1 table substituted (17.6.2021) by The Plant Health (Fees) (Forestry) (Wales) (Amendment) Regulations 2021 (S.I. 2021/710), regs. 1, 3(1)
Word in Sch. 3 para. 1 table substituted (17.6.2021) by The Plant Health (Fees) (Forestry) (Wales) (Amendment) Regulations 2021 (S.I. 2021/710), regs. 1, 3(2)
Item | Description of relevant material in consignment subject to a plant health check | Unit | Fee |
---|---|---|---|
1 | Isolated bark, wood shavings, wood chips or sawdust | Per consignment | |
- up to F24100m³ | £31.20 | ||
- for each additional F25m³ or part thereof | £0.49 | ||
Up to a maximum fee of £98 per consignment | |||
2 | Wood (other than wood in the form of isolated bark, wood shavings, wood chips or sawdust) | Per consignment | |
- up to F24100m³ | £31.20 | ||
- for each additional F25m³ or part thereof | £0.25 |
I6SCHEDULE 4FEES FOR DOCUMENTARY CHECKS AND IDENTITY CHECKS
Sch. 4 in force at 28.3.2019, see reg. 1(3)
Item | Type of check | Unit | Fee |
---|---|---|---|
1 | Documentary check | Per consignment | £7.20 |
2 | Identity check | Per consignment | |
- for each load of up to 30m³ forming part of the consignment contained in one truck, railway wagon or comparable container | £7.20 | ||
- for each bulk load of less than 100m³ | £7.20 | ||
- for each bulk load of 100m³ or more | £14.40 |
F27SCHEDULE 4AFees in connection with an application for a phytosanitary certificate for export or phytosanitary certificate for re-export: Wales
Sch. 4A substituted (5.8.2021) by The Plant Health (Fees) (Forestry) (Wales) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/838), regs. 1(2), 2(3)
Service | Fee |
---|---|
The consideration of an application, including the issue, where appropriate, of a phytosanitary certificate for export or a phytosanitary certificate for re-export | £21.00 |
The examination or testing of wood, wood products, isolated bark or used forestry machinery and associated activities (including travelling and office time)— | |
(a) up to and including the first hour; | £37.80 |
(b) thereafter, for each additional 15 minutes or part thereof | £10.50 |
F2SCHEDULE 4BFees in connection with an application for a WPM authorisation
(1)Type of application | (2)Fee |
---|---|
Application for a WPM authorisation, other than a renewal of an existing WPM authorisation | £400.00 |
Application for a renewal of an existing WPM authorisation | £120.00 |
Application for a re-assessment for the purposes a WPM authorisation | £120.00 |
I7SCHEDULE 5FEES FOR THE CARRYING OUT OR MONITORING OF REMEDIAL WORK
Sch. 5 in force at 28.3.2019, see reg. 1(3)
Remedial work | Fee |
---|---|
The carrying out or monitoring by an inspector of remedial work and associated activities (including travelling and office time) in connection with a controlled consignment— | |
| £37 |
| £9.25 |
S.I. 2010/2690. Under section 1(2) of the Plant Health Act 1967 (c.8), as amended by article 4(1) of, and paragraph 43 of Schedule 2 to, the Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), the Welsh Ministers are the competent authority for Wales as regards the protection of forest trees and timber from attack by pests.