Statutory Rules of Northern Ireland
2009 No. 134
Plant Health
The Plant Health (Import Inspection Fees) (Amendment) Regulations (Northern Ireland) 2009
Made
25th March 2009
Coming into operation
30th April 2009
The Department of Agriculture and Rural Development(1) makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act(2) and section 56(1), (2) and (5) of the Finance Act 1973(3), with the consent of the Department of Finance and Personnel.
The Department is designated(4) for the purposes of the said section 2(2) in relation to the Common Agricultural Policy of the European Community.
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Plant Health (Import Inspection Fees) (Amendment) Regulations (Northern Ireland) 2009 and come into operation on 30th April 2009.
(2) The Interpretation Act (Northern Ireland) 1954(5) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.
Amendments to the Plant Health (Import Inspection Fees) Regulations (Northern Ireland) 2005
2. The Plant Health (Import Inspection Fees) Regulations (Northern Ireland) 2005(6) shall be amended in accordance with regulations 3 and 4.
3. In regulation 2(1), omit the definition “official body of point of entry”(7).
4. For Schedule 2, substitute—
Regulation 4(3)
“SCHEDULE 2IMPORT INSPECTION FEES (REDUCED RATES)
| Genus | Quantity | Country of origin | Fee | Fee (non-daytime working hours) |
|---|---|---|---|---|
| Where the total amount of any fee comprises an amount of less than £0.01, that amount shall be excluded.”. | ||||
| Cut flowers | ||||
| Dianthus | Per consignment | |||
| — up to 20,000 in number | Colombia | £0.40 | £0.60 | |
| Kenya | £1.32 | £1.98 | ||
| Ecuador | £1.98 | £2.97 | ||
| Turkey | £3.31 | £4.96 | ||
| Israel | £4.63 | £6.95 | ||
| — for each additional 1,000 units or part thereof | Colombia | £0.003 | £0.004 | |
| Kenya | £0.01 | £0.015 | ||
| Ecuador | £0.01 | £0.02 | ||
| Turkey | £0.02 | £0.03 | ||
| Israel | £0.03 | £0.05 | ||
| — maximum price | Colombia | £3.17 | £4.75 | |
| Kenya | £10.59 | £15.89 | ||
| Ecuador | £15.88 | £23.83 | ||
| Turkey | £26.48 | £39.72 | ||
| Israel | £37.07 | £55.60 | ||
| Rosa | Per consignment | |||
| — up to 20,000 in number | Ecuador | £0.40 | £0.60 | |
| Colombia | £0.66 | £0.99 | ||
| Ethiopia, Kenya | £1.32 | £1.98 | ||
| Tanzania | £1.98 | £2.97 | ||
| Zambia | £3.31 | £4.96 | ||
| India, Uganda | £6.62 | £9.93 | ||
| — for each additional 1,000 units or part thereof | Ecuador | £0.003 | £0.004 | |
| Colombia | £0.005 | £0.007 | ||
| Ethiopia, Kenya | £0.01 | £0.015 | ||
| Tanzania | £0.01 | £0.02 | ||
| Zambia | £0.02 | £0.03 | ||
| India, Uganda | £0.05 | £0.07 | ||
| — maximum price | Ecuador | £3.17 | £4.75 | |
| Colombia | £5.29 | £7.94 | ||
| Ethiopia, Kenya | £10.59 | £15.89 | ||
| Tanzania | £15.88 | £23.83 | ||
| Zambia | £26.48 | £39.72 | ||
| India, Uganda | £52.96 | £79.44 | ||
| Fruit | ||||
| Malus | Per consignment | |||
| Chile | £0.93 | £1.39 | ||
| — up to 25,000 kg in weight | Argentina, New Zealand, South Africa | £1.32 | £1.98 | |
| Brazil | £1.98 | £2.97 | ||
| China, USA | £3.31 | £4.96 | ||
| — for each additional 1,000 kg or part thereof | Chile | £0.03 | £0.05 | |
| Argentina, New Zealand, South Africa | £0.05 | £0.07 | ||
| Brazil | £0.07 | £0.11 | ||
| China, USA | £0.13 | £0.19 | ||
| Mangifera | Per consignment | |||
| — up to 25,000 kg in weight | Brazil | £0.66 | £0.99 | |
| — for each additional 1,000 kg or part thereof | Brazil | £0.02 | £0.03 | |
| Prunus | Per consignment | |||
| — up to 25,000 kg in weight | Chile, South Africa, Turkey | £1.32 | £1.98 | |
| Argentina | £3.31 | £4.96 | ||
| USA | £6.62 | £9.93 | ||
| — for each additional 1,000 kg or part thereof | Chile, South Africa, Turkey | £0.05 | £0.07 | |
| Argentina | £0.13 | £0.19 | ||
| USA | £0.26 | £0.39 | ||
| Pyrus | Per consignment | |||
| — up to 25,000 kg in weight | South Africa | £1.98 | £2.97 | |
| Argentina | £3.31 | £4.96 | ||
| Chile | £4.63 | £6.95 | ||
| China | £6.62 | £9.93 | ||
| — for each additional 1,000 kg or part thereof | South Africa | £0.07 | £0.11 | |
| Argentina | £0.13 | £0.19 | ||
| Chile | £0.18 | £0.27 | ||
| China | £0.26 | £0.39 | ||
| Citrus | Per consignment | |||
| — up to 25,000 kg in weight | Turkey | £0.40 | £0.60 | |
| Morocco | £0.66 | £0.99 | ||
| Uruguay, USA | £1.98 | £2.97 | ||
| Egypt, Israel, Mexico, Peru | £3.31 | £4.96 | ||
| Honduras | £9.93 | £14.89 | ||
| — for each additional 1,000 kg or part thereof | Turkey | £0.01 | £0.02 | |
| Morocco | £0.02 | £0.03 | ||
| Uruguay, USA | £0.07 | £0.11 | ||
| Egypt, Israel, Mexico, Peru | £0.13 | £0.19 | ||
| Honduras | £0.39 | £0.58 | ||
| Passiflora | Per consignment | |||
| — up to 25,000 kg in weight | Colombia, Kenya | £1.32 | £1.98 | |
| Zimbabwe | £4.63 | £6.95 | ||
| South Africa | £6.62 | £9.93 | ||
| — for each additional 1,000 kg or part thereof | Colombia, Kenya | £0.05 | £0.07 | |
| Zimbabwe | £0.18 | £0.27 | ||
| South Africa | £0.26 | £0.39 | ||
| Vegetables | ||||
| Solanum melongena | Per consignment | |||
| — up to 25,000 kg in weight | Turkey | £1.98 | £2.97 | |
| — for each additional 1,000 kg or part thereof | Turkey | £0.07 | £0.11 | |
Sealed with the Official Seal of the Department of Agriculture and Rural Development on 23rd March 2009.
John Speers
A senior officer of the Department of Agriculture and Rural Development
The Department of Finance and Personnel consents to the foregoing Regulations.
Sealed with the Official Seal of the Department of Finance and Personnel on 25th March 2009.
Jack Layberry
A senior officer of the Department of Finance and Personnel
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Plant Health (Import Inspection Fees) Regulations (Northern Ireland) 2005 (S.R. 2005/373) (“the principal Regulations”). The principal Regulations implement Article 13d of Council Directive 2000/29/EC (OJ No. L169, 10.7.00, P.1) as amended by Council Directive 2002/89/EC (O.J. No. L355, 30.12.02, P.45-60), which requires Member States to charge fees to cover the costs occasioned by the documentary checks, identity checks and plant health checks of certain imports of plants, plant products and other objects from third countries. These minimum fees are revised annually by the EC.
These Regulations substitute a new Schedule 2 to the principal Regulations, to give effect to the latest agreed reduced rates for inspections of certain material. (Schedule 2 to the principal Regulations includes provision for reduced rates for certain plants and plant products agreed under the procedure provided for in Articles 13d(2) and 18(2) of the Directive). The changes to the fees made by these Regulations, which are set at a proportion of the standard fee (described in Schedule 1 to the principal Regulations) corresponding to the rate of inspection, are based on the agreed inspection rates set out below:
(1) Initial fee per consignment for cut flowers (up to 20,000 in number) and fruit and vegetables (up to 25,000 kg in weight). Corresponding fees are set in the Regulations for additional quantities, maximum price per consignment and non-daytime working hours. | |||||
(2) Consignments subject to an inspection rate of 100% are excluded from the reduced rate inspection scheme and are subject to the import inspection fees specified in Schedule 1 to the principal Regulations. | |||||
| Genus | Country of origin | Previous rate of inspection | Initial fee(1) | New rate of inspection | Initial fee, specified in Schedule 2 |
| Cut Flowers | |||||
| Dianthus | Kenya | 100%(2) | - | 10% | £1.32 |
| Rosa | Ethiopia | 5% | £0.66 | 10% | £1.32 |
| Rosa | Kenya | 5% | £0.66 | 10% | £1.32 |
| Rosa | Uganda | 10% | £1.32 | 50% | £6.62 |
| Rosa | Zambia | 10% | £1.32 | 25% | £3.31 |
| Rosa | Zimbabwe | 50% | £6.62 | 100%(2) | - |
| Fruit | |||||
| Malus | Argentina | 15% | £1.98 | 10% | £1.32 |
| Malus | Brazil | 25% | £3.31 | 15% | £1.98 |
| Malus | China | 35% | £4.63 | 25% | £3.31 |
| Mangifera | Peru | 50% | £6.62 | 100%(2) | - |
| Passiflora | Colombia | 15% | £1.98 | 10% | £1.32 |
| Prunus | Chile | 15% | £1.98 | 10% | £1.32 |
| Citrus | Honduras | 100%(2) | - | 75% | £9.93 |
| Citrus | Turkey | 5% | £0.66 | 3% | £0.40 |
| Citrus | USA | 10% | £1.32 | 15% | £1.98 |
| Momordica | Suriname | 50% | £6.62 | 100%(2) | - |
| Vegetables | |||||
| Solanum melongena | Turkey | 25% | £3.31 | 15% | £1.98 |
Formerly the Department of Agriculture for Northern Ireland; see S.I. 1999/283 (N.I.1), Art. 3(4)
S.R. 2005/373, amended by S.R. 2007/21, S.R. 2007/252 and S.R. 2008/60
Inserted by S.R. 2008/60