The Plant Health etc. (Fees) (England) (Amendment) Regulations 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 14(1) of and paragraph 7 of Schedule 4 to the European Union (Withdrawal) Act 2018 (c. 16), and amend the Plant Health etc. (Fees) (England) Regulations 2018 (S.I. 2018/289) (“the 2018 Regulations”). They make modifications in consequence of the withdrawal of the United Kingdom from the European Union to certain fees payable to the Secretary of State in relation to inspections of imports of plants, plant products or other objects.

In particular—

(a) the fee payable by an importer in respect of each phytosanitary certificate or phytosanitary certificate for re-export accompanying a consignment is divided into separate fees payable in respect of a documentary check and an identity check (regulation 2(2)(a));

(b) a new Schedule 1A is inserted into the 2018 Regulations to provide for fees payable by an importer in respect of a physical check and identity check of plants, plant products or other objects originating in an EU member State, Switzerland or Liechtenstein, including those which are subject to reduced checks, reflecting the level of inspection, based on the risk associated with those plants, plant products or other objects (regulation 2(2)(a) and (4)); and

(c) provision is made in Schedule 2 to the 2018 Regulations for reduced fees in respect of an identity check of plants, plant products or other objects originating in a third country other than an EU member State, Switzerland or Liechtenstein, reflecting the existing level of inspection (regulation 2(2)(a) and (5)).

The fees payable by virtue of new regulation 3(2A)(a) of the 2018 Regulations are not payable in respect of consignments imported before 1st March 2022, in respect of certain plants or plant products.

The fees applicable in respect of physical checks and identity checks of consignment of certain plants, plant products or other objects from EU member States, Liechtenstein or Switzerland reflect the frequency rates of those checks as set out in the Official Controls, Plant Health, Seeds and Seed Potatoes (Amendment etc.) Regulations 2021.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.