The Plant Health (Import Inspection Fees) (Amendment) Regulations (Northern Ireland) 2008

Statutory Rules of Northern Ireland

2008 No. 60

PLANT HEALTH

The Plant Health (Import Inspection Fees) (Amendment) Regulations (Northern Ireland) 2008

Made

18th February 2008

Coming into operation

31st March 2008

The Department of Agriculture and Rural Development(1), being a Department makes the following Regulations in exercise of the powers conferred on it 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) 2008 and come into operation on 31st March 2008.

(2) In these Regulations—

“the principal Regulations” means the Plant Health (Import Inspection Fees) (Northern Ireland) 2005(5).

(3) The Interpretation Act (Northern Ireland) 1954(6) 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 principal Regulations shall be amended in accordance with regulations 3 to 5.

3.  In regulation 2, after “identity check”—

““ official body of point of entry” has the same meaning as in Article 2(1)(k) of the Directive;”.

4.  For regulation 3, substitute—

“3.   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(7), to be responsible for certain matters.”.

5.  For Schedule 2, substitute—

Regulation 4(3)

“SCHEDULE 2 IMPORT 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
		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, Turney	£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

Sealed with the Official Seal of the Department of Agriculture and Rural Development on 18th February 2008.

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 18th February 2008.

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: (a) extend the application of the principal Regulations to consignments consisting of EU transit goods in respect of which the Department has agreed with the official body of point of entry for those goods, in accordance with the Plant Health Order (Northern Ireland) 2006 (S.R. 2006/82), to be responsible for certain matters, which was omitted from the original Regulations; and (b) substitute a new Schedule 2 to the principal Regulations, to give effect to the latest annual EC agreement in respect of reduced rate fees. (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).

(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
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%	-
Vegetables
Solanum melongena	Turkey	75%	£9.93	25%	£3.31

(1)

Formerly the Department of Agriculture for Northern Ireland; see S.I. 1999/283 (N.I.1), Art. 3(4).

(2)

1972 c. 68.

(3)

1973 c. 51

(4)

S.I. 2000/2812.

(5)

S.R. 2005/373, amended by S.R. 2007/21 and S.R. 2007/252

(6)

1954 c. 33 (N.I.)

(7)

S.R. 2006/82