The Plant Health (Import Inspection Fees) (Wales) (Amendment) (No.2) Regulations 2007

Welsh Statutory Instruments

2007 No. 3306 (W.293)

PLANT HEALTH, WALES

The Plant Health (Import Inspection Fees) (Wales) (Amendment) (No.2) Regulations 2007

Made

22 November 2007

Laid before the National Assembly for Wales

23 November 2007

Coming into force

18 December 2007

The Welsh Ministers, with the consent of the Treasury, make the following Regulations in exercise of the powers conferred by section 56(1) of the Finance Act 1973(1) and now vested in them(2):

Title and commencement

1.  The title of these Regulations are the Plant Health (Import Inspection Fees) (Wales) (Amendment) (No.2) Regulations 2007 and come into force—

(a) for the purposes of regulation 2(3), on 1 January 2008; and

(b) for all other purposes, on 18 December 2007

Amendments to the Plant Health (Import Inspection Fees) (Wales) (No. 2) Regulations 2006

2.—(1) The Plant Health (Import Inspection Fees) (Wales) (No. 2) Regulations 2006(3) are amended as follows.

(2) For regulation 3, substitute—

“3.   These Regulations apply in relation to consignments of—

(a) plants, plant products and other objects of a description specified in the first column of Schedule 1 that are listed in Annex V, Part B of the Directive; and

(b) seeds of Solanaceae whether or not listed in Annex V, Part B of the Directive,

which are landed in Wales from a third country or are the subject of an agreement made under article 12(6) of the Plant Health (Wales) Order 2006(4).”.

(3) For Schedule 2, substitute—

Regulation 4

“SCHEDULE 2 IMPORT INSPECTION FEES (REDUCED RATES)

Genus	Quantity	Country of origin	Fee	Fee (non-daytime working hours)
Cut flowers
Dianthus	Per consignment
	— up to 20,000 in number	Colombia	£0.40	£0.60
		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
		Ecuador	£0.01	£0.02
		Turkey	£0.02	£0.03
		Israel	£0.03	£0.05
	— maximum price	Colombia	£3.17	£4.75
		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, Ethiopia, Kenya	£0.66	£0.99
		Uganda, Zambia	£1.32	£1.98
		Tanzania	£1.98	£2.97
		India, Zimbabwe	£6.62	£9.93
	— for each additional 1,000 units or part thereof	Ecuador	£0.003	£0.004
		Colombia, Ethiopia, Kenya	£0.005	£0.007
		Uganda, Zambia	£0.01	£0.015
		Tanzania	£0.01	£0.02
		India, Zimbabwe	£0.05	£0.07
	— maximum price	Ecuador	£3.17	£4.75
		Colombia, Ethiopia, Kenya	£5.29	£7.94
		Uganda, Zambia	£10.59	£15.89
		Tanzania	£15.88	£23.83
		India, Zimbabwe	£52.96	£79.44
Fruit
Malus	Per consignment
		Chile	£0.93	£1.39
	— up to 25,000 kg in weight	New Zealand, South Africa	£1.32	£1.98
		Argentina	£1.98	£2.97
		Brazil, USA	£3.31	£4.96
		China	£4.63	£6.95
	— for each additional 1,000 kg or part thereof	Chile	£0.03	£0.05
		New Zealand, South Africa	£0.05	£0.07
		Argentina	£0.07	£0.11
		Brazil, USA	£0.13	£0.19
		China	£0.18	£0.27
Mangifera	Per consignment
	— up to 25,000 kg in weight	Brazil	£0.66	£0.99
		Peru	£6.62	£9.93
	— for each additional 1,000 kg or part thereof	Brazil	£0.02	£0.03
		Peru	£0.26	£0.39
Prunus	Per consignment
	— up to 25,000 kg in weight	South Africa, Turkey	£1.32	£1.98
		Chile	£1.98	£2.97
		Argentina	£3.31	£4.96
		USA	£6.62	£9.93
	— for each additional 1,000 kg or part thereof	South Africa, Turkey	£0.05	£0.07
		Chile	£0.07	£0.11
		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	Morocco, Turkey	£0.66	£0.99
		USA	£1.32	£1.98
		Uruguay	£1.98	£2.97
		Egypt, Israel, Mexico, Peru	£3.31	£4.96
	— for each additional 1,000 kg or part thereof	Morocco, Turkey	£0.02	£0.03
		USA	£0.05	£0.07
		Uruguay	£0.07	£0.11
		Egypt, Israel, Mexico, Peru	£0.13	£0.19
Momordica	Per consignment
	— up to 25,000 kg in weight	Suriname	£6.62	£9.93
	— for each additional 1,000 kg or part thereof	Suriname	£0.26	£0.39
Passiflora	Per consignment
	— up to 25,000 kg in weight	Kenya	£1.32	£1.98
		Colombia	£1.98	£2.97
		Zimbabwe	£4.63	£6.95
		South Africa	£6.62	£9.93
	— for each additional 1,000 kg or part thereof	Kenya	£0.05	£0.07
		Colombia	£0.07	£0.11
		Zimbabwe	£0.18	£0.27
		South Africa	£0.26	£0.39
Vegetables
Solanum melongena	Per consignment
	— up to 25,000 kg in weight	Turkey	£3.31	£4.96
	— for each additional 1,000 kg or part thereof	Turkey	£0.13	£0.19

Where the total amount of any fee comprises an amount of less than £0.01, that amount is to be excluded.”.

Elin Jones

Minister for Rural Affairs, one of the Welsh Ministers

22 November 2007

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Plant Health (Import Inspection Fees) (Wales) (No. 2) Regulations 2006 (S.I. 2006/2832 (W.253)) (“the principal Regulations”). The principal Regulations implement Article 13d of Council Directive 2000/29/EC (OJ No. L 169, 10.7.00, p. 1), 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 Regulations: (a) extend the application of the principal Regulations to consignments consisting of goods in transit within the European Community in respect of which the Welsh Ministers have agreed with the official body of point of entry for those goods, in accordance with the Plant Health (Wales) Order 2006 (S.I. 2006/1643 (W.158)), that they the Welsh Ministers would be responsible for certain matters; and (b) substitute a new Schedule 2 instead of the current one in 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:

A regulatory impact assessment was prepared in respect of the predecessor to the principal Regulations (S.I. 2006/171 (W.22)). This can be obtained from the Department for Environment, Planning and Countryside, Welsh Assembly Government, Cathays Park, Cardiff, CF10 3NQ.

Genus	Country of origin	Previous rate of inspection	Initial fee(1)	New rate of inspection	Initial fee, s specified in Schedule 2
(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.
Cut Flowers
Aster	Zimbabwe	50%	£6.62	100%(2)	—
Dianthus	Israel	25%	£3.31	35%	£4.63
Dianthus	Morocco	50%	£6.62	100%	—
Rosa	Ecuador	5%	£0.66	3%	£0.40
Rosa	Ethiopia	25%	£3.31	5%	£0.66
Rosa	Israel	10%	£1.32	100%	—
Rosa	Kenya	1%	£0.13	5%	£0.66
Rosa	Tanzania	25%	£3.31	15%	£1.98
Rosa	Uganda	5%	£0.66	10%	£1.32
Rosa	Zimbabwe	25%	£3.31	50%	£6.62
Fruit
Fortunella	Israel	50%	£6.62	100%	—
Fortunella	South Africa	75%	£9.93	100%	—
Malus	USA	15%	£1.98	25%	£3.31
Mangifera	Brazil	10%	£1.32	5%	£0.66
Passiflora	South Africa	75%	£9.93	50%	£6.62
Prunus	Argentina	15%	£1.98	25%	£3.31
Prunus	Chile	10%	£1.32	15%	£1.98
Prunus	Turkey	15%	£1.98	10%	£1.32
Prunus	USA	35%	£4.63	50%	£6.62
Pyrus	Argentina	15%	£1.98	25%	£3.31
Pyrus	Chile	25%	£3.31	35%	£4.63
Pyrus	South Africa	10%	£1.32	15%	£1.98
Citrus	Israel	15%	£1.98	25%	£3.31
Citrus	Peru	75%	£9.93	25%	£3.31
Citrus	Turkey	15%	£1.98	5%	£0.66
Citrus	USA	15%	£1.98	10%	£1.32
Citrus	Zimbabwe	75%	£9.93	100%	—
Vegtables
Solanum melongena	Turkey	75%	£9.93	25%	£3.31

(1)

1973 c. 51.

(2)

section 59(5) of the Government of Wales Act 2006 (c. 32).

(3)

S.I. 2006/2832 (W.253), amended by S.I. 2007/1763 (W.153).

(4)

S.I 2006/1643 (W.158), to which there are amendments not relevant to these Regulations.