The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 No. 44 (W. 5)

PART 6 E+W Amendments to secondary legislation relating to plant health fees

The Plant Health (Export Certification) (Forestry) (Great Britain) Order 2004 E+W

31.  In the Plant Health (Export Certification) (Forestry) (Great Britain) Order 2004 M1 —

(a) in article 3(2)(a), for “of the services listed in the first column of Schedule 3” substitute “ services ”;

(b) omit article 4;

(c) omit Schedule 3.

Commencement Information

I1 Reg. 31 in force at 31.1.2020, see reg. 1(2)

Marginal Citations

M1 S.I. 2004/1684, amended by S.I. 2013/755, 2019/734.

The Plant Health (Export Certification) (Wales) Order 2006 E+W

32.  In the Plant Health (Export Certification) (Wales) Order 2006 M2 —

(a) in article 3(2)(a), for “of the services listed in the first column of Schedule 3” substitute “ services ”;

(b) omit article 5;

(c) omit Schedule 3.

Commencement Information

I2 Reg. 32 in force at 31.1.2020, see reg. 1(2)

Marginal Citations

M2 S.I. 2006/1701 (W. 163), amended by S.I. 2013/1658 (W. 156), S.I. 2014/1759 (W. 174), S.I. 2016/1084 (W. 259) and S.I. 2018/772 (W. 156).

The Plant Health (Wood Packaging Material Marking) (Forestry) (Order) 2006 E+W

33.  In the Plant Health (Wood Packaging Material Marking) (Forestry) Order 2006 M3 —

(a) omit article 7;

(b) omit Schedule 1.

Commencement Information

I3 Reg. 33 in force at 31.1.2020, see reg. 1(2)

Marginal Citations

M3 S.I. 2006/2695, amended by S.I. 2013/755, 2019/734.

The Plant Health etc. (Fees) (Wales) Regulations 2018 E+W

34.—(1) The Plant Health etc. (Fees) (Wales) Regulations 2018 M4 are amended as follows.

(2) For regulation 2 substitute—

“2.— (1) In these Regulations, “the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants M5 .

(2) Words and expressions which are not defined in these Regulations and appear in the EU 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 the application of food and feed law, rules on animal health and welfare, plant health and plant protection products M6 have the same meaning in these Regulations as they have in the EU instrument in question.”

(3) In regulation 3—

(a) in paragraph (1), for “listed in Schedule 5 to the 2018 Order” substitute “ described in the lists of the Phytosanitary Conditions Regulation that apply for the purposes of Articles 72(1) and 74(1) of the EU Plant Health Regulation ”;

(b) in paragraph (3)—

(i) for sub-paragraphs (a) and (aa) substitute—

“(a) “controlled plant pest” means—

(i) a plant pest of a description specified in the lists of the Phytosanitary Conditions Regulation that apply for the purposes of Articles 5(2), 32(3) and 37(2) of the EU Plant Health Regulation;

(ii) any other plant pest of a description specified in a decision adopted before 14 December 2019 by the European Commission pursuant to Article 16(3) of 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 M7 ;

(aa) “Europe” includes Belarus, the Canary Islands, Georgia, Kazakhstan (except the area east of the Ural river), Russia (except the regions of Tyumen, Chelyabinsk, Irkutsk, Kemerovo, Kurgan, Novossibirsk, Omsk, Sverdlovsk, Tomsk, Chita, Kamchatka, Magadan, Amur and Skhalin, the territories of Krasnoyarsk, Altay, Khabarovsk and Primarie, and the republics of Sakha, Tuva and Buryatia), Ukraine and Turkey (except the area east of the Bosphorus Strait known as Anatolia);”;

(ii) after sub-paragraph (ab) insert—

“(aba) “the Phytosanitary Conditions Regulation” means the implementing act adopted by the European Commission pursuant to Articles 5(2), 32(2), 37(2), 37(4), 40(2), 41(2), 53(2), 54(2), 72(1), 73, 74(2), 79(2) and 80(2) of the EU Plant Health Regulation;”;

(iii) omit sub-paragraph (c).

(4) In regulation 4—

(a) in paragraph (2), in the words before sub-paragraph (a), after “out” insert “ by, or on behalf of, the Welsh Ministers ”;

(b) in paragraph (6)(a), omit “conferred under article 29 of the 2018 Order”.

(5) In regulation 5—

(a) in paragraph (1)—

(i) in sub-paragraph (a), at the end insert “ made to the Welsh Ministers ”;

(ii) in sub-paragraph (b), at the end insert “ granted by the Welsh Ministers ”;

(b) for paragraph (5), for “a licence described in article 40 or 41 of the 2018 Order” substitute “ an authorisation for the purposes of any derogation described in Article 8(1) or 48(1) of the EU Plant Health Regulation ”.

(6) After regulation 5 insert—

“Export certification services and pre-export services: fees

5A.— (1) The fees specified in the table in Schedule 4A are payable in respect of the services described in column 1 of the table by a person who applies to the Welsh Ministers 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 4A 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 £750 or less in respect of the services described in column 1 of the table, the amount specified in the corresponding entry in column 2 of that table;

(b) in any other case, the amount specified in the corresponding entry in column 3 of that table.

(3) The fees specified in columns 2 and 3 of the table in Schedule 4A 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 £750 or less in respect of the services described in column 1 of the table in Schedule 4A, £7.88;

(b) in any other case, £15.76.

(5) In this regulation—

“certificate” (“tystysgrif”) means either a phytosanitary certificate for export or a phytosanitary certificate for re-export;

“pre-export service” (“gwasanaeth cyn-allforio”) means any plant health inspection or examination, including by the taking of samples, which is required to be carried out in relation to a plant, plant product or other object which is to be exported to a third country in order to satisfy the phytosanitary requirements of the third country, other than any such inspection or examination required for the issue of a certificate;

“small exporter” (“allforiwr bach”), 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 M8 , 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.”

(7) In regulation 6(1), for “inspector” substitute “ official plant health inspector ”.

(8) Omit regulation 7.

(9) In regulation 11—

(a) in paragraph (1)—

(i) in the words before sub-paragraph (a), for “registered plant trader” substitute “ registered professional operator ”;

(ii) in sub-paragraph (b), for “trader's” substitute “operator's”;

(b) omit paragraph (2).

(10) After Schedule 4 insert—

Regulation 5A

“SCHEDULE 4A E+W Fees for export certification services and pre-export services

(1) Service	(2) Fee - small exporter (£)	(3) Fee – other exporter (£)
Inspection of consignment	31.90 for each 15 minutes (or part thereof), subject to a minimum fee of 63.80	63.80 for each 15 minutes (or part thereof), subject to a minimum fee of 127.60
Audit of a grain inspection	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 (including laboratory testing)	16.78 per sample tested	33.56 per sample tested
Issue of certificate	12.76 per certificate	25.52 per certificate
Amendment of a certificate at the request of the exporter	7.88 per certificate	15.76 per certificate”

Commencement Information

I4 Reg. 34 in force at 31.1.2020, see reg. 1(2)

Marginal Citations

M4 S.I. 2018/1179 (W. 238), amended by S.I. 2019/1378 (W. 244).

M5 OJ No. L 317, 23.11.2016, p. 4, amended by Regulation (EU) 2017/625 of the European Parliament and of the Council (OJ No. L 95, 7.4.2017, p. 1).

M6 OJ No. L 95, 7.4.2017, amended by Commission Delegated Regulation (EU) 2019/478 (OJ No. L 82, 25.3.2019, p. 4).

M7 OJ No. L 169, 10.7.2000, p. 1, as last amended by Commission Implementing Directive (EU) 2019/523 OJ No. L 86, 28.3.3019, p. 41).

M8 1994 c. 23.

The Plant Health (Fees) (Forestry) (Wales) Regulations 2019 E+W

35.—(1) The Plant Health (Fees) (Forestry) (Wales) Regulations 2019 M9 are amended as follows.

(2) For regulation 2 substitute—

“Interpretation

2.— (1) In these Regulations—

“approved place of inspection” (“man arolygu a gymeradwywyd”) has the meaning given in article 3 of the Order;

“controlled consignment” (“llwyth a reolir”) means a consignment which —

(a)

is introduced into Wales from a third country, and

(b)

consists of, or includes—

(i)

isolated bark of a type that is described in the lists of the Phytosanitary Conditions Regulation that apply for the purposes of Articles 72(1) and 74(1) of the EU Plant Health Regulation, or in a decision adopted before 14 December 2019 by the European Commission pursuant to Article 16(3) of 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 in the Community M10 ;

(ii)

wood of a type that is described in the lists or a decision mentioned in sub-paragraph (i) other than wood packaging material which is actually in use in the transport of objects of all kinds;

“the EU 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 M11 ;

“licence” (“trwydded”) means an authorisation for the purposes of any derogation described in Article 8(1) or 48(1) of the EU Plant Health Regulation;

“the Order” (“y Gorchymyn”) means the Plant Health (Forestry) Order 2005 M12 ;

“plant passport authority” (“awdurdodiad pasbort planhigion”) means an authorisation described in Article 89(1) of the EU Plant Health Regulation;

“remedial notice” (“hysbysiad adfer”) means a notice served under article 31(1) or (4) of the Order;

“remedial work” (“gwaith adfer”) means any steps taken by a person for the purposes of complying with a remedial notice, or by an inspector under article 32(1) of the Order;

“WPM authorisation” (“awdurdodiad DPP”) means an authorisation described in Article 98(1) of the EU Plant Health Regulation.

(2) Words and expressions which are not defined in these Regulations and which appear in the EU 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 M13 have the same meaning in these Regulations as they have in the EU instrument in question.”

(3) In regulation 3, after paragraph (5) insert—

“(5A) 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.”

(4) After Schedule 4 insert—

Regulation 3(5A)

“SCHEDULE 4A E+W Fees in connection with an application for a phytosanitary certificate for export or phytosanitary certificate for re-export

(1) Service	(2) Fee
The consideration of an application, including the issue, where appropriate, of a phytosanitary certificate or a phytosanitary certificate for re-export	£15.00
The examination or testing of plants, plant products or other objects and associated activities (including travelling and office time):
(a) up to and including the first hour;	£27.00
(b) thereafter, for each additional 15 minutes or part thereof	£7.50.

Regulation 3(5B)

SCHEDULE 4B E+W Fees 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”.

Commencement Information

I5 Reg. 35 in force at 31.1.2020, see reg. 1(2)

Marginal Citations

M9 S.I. 2019/497 (W. 114); there is a relevant prospective amendment within S.I. 2019/735 (W. 138).

M10 OJ No L 169, 10.7.2000, p. 1 as last amended by Commission Implementing Directive (EU) 2019/523 (OJ No L 86, 28.3.2019, p. 41).

M11 OJ No. L 317, 23.11.2016, p. 4, as amended by Regulation (EU) 2017/625 of the European Parliament and of the Council (OJ No L 95, 7.4.2017, p. 1).

M12 S.I. 2005/2517, relevant amending instruments are: S.I. 2013/755 (W. 90), S.I. 2014/2420, S.I. 2019/734.

M13 OJ No. L 317, 23.11.2016, p. 4, as amended by Regulation (EU) 2017/625 of the European Parliament and of the Council (OJ No. L 95, 7.4.2017, p. 1).