Statutory Rules of Northern Ireland
PLANT HEALTH
Made
8th August 2005
Coming into operation
1st September 2005
The Department of Agriculture and Rural Development(1), being a Department designated(2) for the purposes of section 2(2) of the European Communities Act(3) in relation to the Common Agricultural Policy of the European Community, in exercise of the powers conferred on it by the said section 2(2), section 56(1), (2) and (5) of the Finance Act 1973(4), and of all other powers enabling it in that behalf, with the consent of the Department of Finance and Personnel, hereby makes the following Regulations:
1. These Regulations may be cited as the Plant Health (Import Inspection Fees) Regulations (Northern Ireland) 2005 and shall come into operation on 1st September 2005.
Commencement Information
I1Reg. 1 in operation at 1.9.2005, see reg. 1
2.—(1) In these Regulations—
“consignment” has the same meaning as in Article 2(1)(p) of the Directive;
“daytime working hours” means any time between the hours of 8.30 a.m. to 5.00 p.m. on any day except a Saturday, Sunday, Christmas Day, Good Friday or a day which is a bank holiday in Northern Ireland under the Banking and Financial Dealings Act 1971(5);
“the Department” means the Department of Agriculture and Rural Development;
“the Directive” means Council Directive 2000/29/EC of 8th May 2000(6) on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community as last amended by [F1Commission Directive 2006/35/EC of 24 March 2006];
“documentary check” has the same meaning as in Article 13a(1)(b)(i) of the Directive;
“identity check” has the same meaning as in Article 13a(1)(b)(ii) of the Directive;
F2...
“plant” has the same meaning as in Article 2(1)(a) of the Directive;
“plant health check” has the same meaning as in Article 13a(1)(b)(iii) of the Directive;
“plant intended for planting” has the same meaning as in Article 2(1)(d) of the Directive;
“plant product” has the same meaning as in Article 2(1)(b) of the Directive; and
“third country” means a country or territory other than one within the European Community.
(2) A reference in these Regulations to anything done in writing or produced in written form includes a reference to an electronic communication, as defined in the Electronic Communications Act 2000(7), which has been recorded and is consequently capable of being reproduced.
(3) The Interpretation Act (Northern Ireland) 1954(8) shall apply to these Regulations as it applies to an Act of the Assembly.
Textual Amendments
F1Words in reg. 2(1) substituted (14.2.2007) by Plant Health (Import Inspection Fees) (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/21), regs. 1(1), 3
F2Words in reg. 2(1) omitted (30.4.2009) by virtue of The Plant Health (Import Inspection Fees) (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/134), regs. 1(1), 3
Commencement Information
I2Reg. 2 in operation at 1.9.2005, see reg. 1
[F33. These Regulations apply in relation to consignments of plants, plant products and other objects of a description specified in the first column of Schedule 1 that are:
(a)listed in Annex V, Part B of the Directive; or
(b)seeds of Solanaceae whether or not listed in Annex V, Part B of the Directive;
and which are landed in Northern Ireland from a third country or are the subject of a agreement made under Article 12(6) of the Plant Health Order (Northern Ireland) 2006, to be responsible for certain matters.]
Textual Amendments
F3Reg. 3 substituted (31.3.2008) by The Plant Health (Import Inspection Fees) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/60), regs. 1(1), 4
4.—(1) An importer of a consignment to which these Regulations apply shall pay to the Department the fees specified in this regulation.
(2) In respect of a plant health check carried out on any consignment of plants, plant products or other objects, other than a consignment of a plant or plant product to which paragraph (3) applies, the fee payable shall be—
(a)the fee specified in the third column of Schedule 1 in respect of a check carried out during daytime working hours; or
(b)the fee specified in the fourth column of that Schedule in respect of a check carried out outside those hours.
(3) In respect of a plant health check carried out, or which, but for Article 13a(2) of the Directive (providing for such checks to be carried out at reduced frequency), would have been required to be carried out, on a consignment of any plant or plant product listed in the first column of Schedule 2 and originating from a country listed in the third column of that Schedule, the fee payable, in accordance with Article 13d(2) of the Directive, shall be—
(a)the fee specified in the fourth column of Schedule 2 in respect of a check carried out during daytime working hours; and
(b)the fee specified in the fifth column of that Schedule in respect of a check carried out outside those hours.
(4) In respect of a documentary check or an identity check carried out on any consignment the fee payable shall be the fee specified for that check in the third column of Schedule 3.
Commencement Information
I3Reg. 4 in operation at 1.9.2005, see reg. 1
5. Where a consignment to which these Regulations apply does not consist exclusively of plants, plant products or other objects coming within one description in the first column of Schedule 1, those parts thereof consisting of plants, plant products or other objects coming within other descriptions in the first column of that Schedule shall be treated as separate consignments and subject to separate fees under regulation 4.
Commencement Information
I4Reg. 5 in operation at 1.9.2005, see reg. 1
6. An importer of a consignment to which these Regulations apply must submit to the Department such information relating to the consignment, in writing and in such form as the Department may reasonably require, and such information must be submitted at least 48 hours before the consignment is landed in Northern Ireland.
Commencement Information
I5Reg. 6 in operation at 1.9.2005, see reg. 1
Sealed with the Official Seal of the Department of Agriculture and Rural Development on 8th August 2005.
L.S.
David Small
A senior officer of the
Department of Agriculture and Rural Development
The Department of Finance and Personnel hereby consents to the foregoing Regulations.
Sealed with the Official Seal of the Department of Finance and Personnel on 8th August 2005.
L.S.
Jack Layberry
A senior officer of the
Department of Finance and Personnel
Regulations 3 and 4(2)
Commencement Information
I6Sch. 1 in operation at 1.9.2005, see reg. 1
| Column 1 | Column 2 | Column 3 | Column 4 |
|---|---|---|---|
| Plant, plant product or other object | Quantity | Fee (daytime working hours) | Fee (non-daytime working hours) |
| Cuttings, seedlings (except forestry reproductive material), young plants of strawberries or of vegetables | Per consignment | ||
| — up to 10,000 in number | £13.24 | £19.86 | |
| — for each additional 1,000 units [F4, or part thereof] | £0.52 | £0.78 | |
| — maximum price | £105.92 | £158.88 | |
| Shrubs, trees (other than cut Christmas trees), other woody nursery plants including forest reproductive material (other than seed) | Per consignment | ||
| — up to 1,000 in number | £13.24 | £19.86 | |
| — for each additional 100 units [F4, or part thereof] | £0.33 | £0.49 | |
| — maximum price | £105.92 | £158.88 | |
| Bulbs, corms, rhizomes, tubers, intended for planting (other than tubers of potatoes) | Per consignment | ||
| — up to 200 kg in weight | £13.24 | £19.86 | |
| — for each additional 10 kg [F4, or part thereof] | £0.12 | £0.18 | |
| — maximum price | £105.92 | £158.88 | |
| Seeds, tissue cultures | Per consignment | ||
| — up to 100 kg in weight | £5.67 | £8.50 | |
| — for each additional 10 kg [F4, or part thereof] | £0.13 | £0.19 | |
| — maximum price | £105.92 | £158.88 | |
| Other plants intended for planting, not specified elsewhere in this Schedule | Per consignment | ||
| — up to 5,000 in number | £13.24 | £19.86 | |
| — for each additional 100 units [F4, or part thereof] | £0.13 | £0.19 | |
| — maximum price | £105.92 | £158.88 | |
| Cut flowers | Per consignment | ||
| — up to 20,000 in number | £13.24 | £19.86 | |
| — for each additional 1,000 units [F4, or part thereof] | £0.10 | £0.15 | |
| — maximum price | £105.92 | £158.88 | |
| Branches with foliage, parts of conifers (other than cut Christmas trees) | Per consignment | ||
| — up to 100 kg in weight | £13.24 | £19.86 | |
| — for each additional 100 kg [F4, or part thereof] | £1.32 | £1.98 | |
| — maximum price | £105.92 | £158.88 | |
| Cut Christmas trees | Per consignment | ||
| — up to 1,000 in number | £13.24 | £19.86 | |
| — for each additional 100 units [F4, or part thereof] | £1.32 | £1.98 | |
| — maximum price | £105.92 | £158.88 | |
| Leaves of plants, such as herbs, spices and leafy vegetables | Per consignment | ||
| — up to 100 kg in weight | £13.24 | £19.86 | |
| — for each additional 10 kg [F4, or part thereof] | £1.32 | £1.98 | |
| — maximum price | £105.92 | £158.88 | |
| Fruits, vegetables (other than leafy vegetables) | Per consignment | ||
| — up to 25,000 kg in weight | £13.24 | £19.86 | |
| — for each additional 1,000 kg [F4, or part thereof] | £0.52 | £0.78 | |
| Tubers of potatoes | Per lot | ||
| — up to 25,000 kg in weight | £39.72 | £59.58 | |
| — for each additional 25,000 kg [F4, or part thereof] | £39.72 | £59.58 | |
| Soil and growing medium | Per consignment | ||
| — up to 25,000 kg in weight | £13.24 | £19.86 | |
| — for each additional 1,000 kg [F4, or part thereof] | £0.52 | £0.78 | |
| — maximum price | £105.92 | £158.88 | |
| Grain | Per consignment | ||
| — up to 25,000 kg in weight | £13.24 | £19.86 | |
| — for each additional 1,000 kg [F4, or part thereof] | £0.52 | £0.78 | |
| — maximum price | £529.60 | £794.40 | |
| Other plants or plant products not specified elsewhere in this Schedule | Per consignment | £13.24 | £19.86 |
Textual Amendments
F4Words in Sch. 1 inserted (21.5.2007) by Plant Health (Import Inspection Fees) (Amendment No.2) Regulations (Northern Ireland) 2007 (S.R. 2007/252), regs. 1(1), 3
Regulation 4
Textual Amendments
| Genus | Quantity | Country of origin | Fee | Fee (non-daytime working hours) |
|---|---|---|---|---|
| Where the total amount of any fee comprises an amount less than £0.01, that amount is to be excluded.] | ||||
| Cut flowers | ||||
| Dianthus | Per consignment | |||
| — up to 20,000 in number | Colombia | £0.39 | £0.59 | |
| Ecuador | £1.98 | £2.97 | ||
| Kenya, Turkey | £3.31 | £4.96 | ||
| Israel | £6.62 | £9.93 | ||
| — for each additional 1,000 units or part thereof | Colombia | £0.003 | £0.004 | |
| Ecuador | £0.01 | £0.02 | ||
| Kenya, Turkey | £0.02 | £0.03 | ||
| Israel | £0.05 | £0.07 | ||
| — maximum price | Colombia | £3.17 | £4.76 | |
| Ecuador | £15.88 | £23.83 | ||
| Kenya, Turkey | £26.48 | £39.72 | ||
| Israel | £52.96 | £79.44 | ||
| Rosa | Per consignment | |||
| — up to 20,000 in number | Ecuador | £0.39 | £0.59 | |
| Colombia | £0.66 | £0.99 | ||
| Ethiopia, Kenya | £1.32 | £1.98 | ||
| Tanzania | £1.98 | £2.97 | ||
| Zambia | £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 | £0.05 | £0.07 | ||
| — maximum price | Ecuador | £3.17 | £4.76 | |
| Colombia | £5.30 | £7.94 | ||
| Ethiopia, Kenya | £10.59 | £15.88 | ||
| Tanzania | £15.88 | £23.83 | ||
| Zambia | £52.96 | £79.44 | ||
| Fruit | ||||
| Citrus | Per consignment | |||
| — up to 25,000 kg in weight | Turkey | £0.39 | £0.59 | |
| Morocco | £0.66 | £0.99 | ||
| Israel, Uruguay, USA | £1.98 | £2.97 | ||
| Egypt, Mexico | £3.31 | £4.96 | ||
| Peru | £4.63 | £6.95 | ||
| Honduras | £6.62 | £9.93 | ||
| — for each additional 1,000 kg or part thereof | Turkey | £0.01 | £0.02 | |
| Morocco | £0.02 | £0.03 | ||
Israel, Uruguay, USA | £0.07 | £0.11 | ||
| Egypt, Mexico | £0.13 | £0.19 | ||
| Peru | £0.18 | £0.27 | ||
| Honduras | £0.26 | £0.39 | ||
| Malus | Per consignment | |||
| — up to 25,000 kg in weight | Chile | £0.92 | £1.39 | |
| 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 | £1.32 | £1.98 | |
| — for each additional 1,000 kg or part thereof | Brazil | £0.05 | £0.07 | |
| Passiflora | Per consignment | |||
| — up to 25,000 kg in weight | Columbia, 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 | Columbia, Kenya | £1.32 | £1.98 | |
| Zimbabwe | £0.18 | £0.27 | ||
| South Africa | £0.26 | £0.39 | ||
| Prunus | Per consignment | |||
| — up to 25,000 kg in weight | Chile, South Africa, Turkey | £1.32 | £1.98 | |
| Argentina | £4.63 | £6.95 | ||
| USA | £6.62 | £9.93 | ||
| — for each additional 1,000 kg or part thereof | Chile, South Africa, Turkey | £0.05 | £0.07 | |
| Argentina | £0.18 | £0.27 | ||
| USA | £0.26 | £0.39 | ||
| Psidium | Per consignment | |||
| — up to 25,000 kg in weight | Brazil | £9.93 | £14.89 | |
| — for each additional 1,000 kg or part thereof | Brazil | £0.39 | £0.58 | |
| Pyrus | Per consignment | |||
| — up to 25,000 kg in weight | Argentina, South Africa | £1.98 | £2.97 | |
| Chile, China | £4.63 | £6.95 | ||
| — for each additional 1,000 kg or part thereof | Argentina, South Africa | £0.07 | £0.11 | |
| Chile, China | £0.18 | £0.27 | ||
| Vegetables | ||||
| Solanum melongena | Per consignment | |||
| — up to 25,000 kg in weight | Turkey | £1.32 | £1.98 | |
| — for each additional 1,000 kg or part thereof | Turkey | £0.05 | £0.07 | |
Regulation 4(4)
Commencement Information
I7Sch. 3 in operation at 1.9.2005, see reg. 1
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Check | Quantity | Fee |
| Documentary check | Per consignment | £5.29 |
| Identity check | Per consignment | |
| — up to a size of a truck load, a railway wagon load or the load of a container of comparable size | £5.29 | |
| — bigger than the above size | £10.58 |
(This note is not part of the Regulations)
These Regulations which extend to Northern Ireland only, come into operation on 1st September 2005 and implement Article 13d of Council Directive 2000/29/EC of 8th May 2000 (OJ No. L 169, 10.7.00, p. 1), as last amended by Commission Directive 2005/15/EC of 28th February 2005 (OJ No. L 56, 2.3.2005, p. 12), (“the Directive”), 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 provided for in Article 13a(1) of the Directive.
An importer is required to pay the fee specified in Schedule 1 for plant health checks which are carried out, except where reduced import inspection fees apply (regulation 4(2) and (3)). Schedule 2 specifies reduced fees which apply, whether or not an inspection is in fact carried out, in respect of plant health checks of certain cut flowers and fruits originating in the countries specified in that Schedule (regulation 4(3)).
An importer is required to pay the fee specified in Schedule 3 for documentary checks and identity checks (regulation 4(4)).
Different types of plants, plant products or other objects contained within the same consignment shall be treated as separate consignments and subject to separate fees (regulation 5).
An importer must provide certain information concerning the consignment at least 2 days before it is landed in Northern Ireland (regulation 6).
No Regulatory Impact Assessment has been prepared in respect of these Regulations.
Formerly the Department of Agriculture for Northern Ireland; see S.I. 1999/283 (N.I.1), Art. 3(4)
S.I. 2000/2812
OJ No. L 169, 10.7.00 p.1.