The Plant Health Fees (Scotland) Regulations 2008

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which are made under section 2(2) of the European Communities Act 1972, consolidate the Plant Health Fees (Scotland) Regulations 1996, the Plant Health Fees (Scotland) Amendment Regulations 2004, the Plant Health Fees (Scotland) Amendment Regulations 2005 and the Plant Health Fees (Scotland) Amendment Regulations 2007. The Regulations also prescribe increased fees in respect of inspections carried out for the purpose of considering an application for, or the continuing operation of an authority to issue plant passports under article 29 of the Plant Health (Scotland) Order 2005(“the 2005 Order”) or article 8 of the Plant Health (Phytophthora ramorum) (Scotland) Order 2004 (“the 2004 Order). Other fees are unchanged.

Under the 2005 Order, certain listed plants, plant products and other objects require a plant passport for movement within the European Community, including any trade within the United Kingdom. The 2004 Order applies similar controls to plant material susceptible to the pest Phytophthora ramorum. Plant traders of such material must first be authorised to issue plant passports by the Scottish Ministers. The authorisation process involves an inspection of premises and the listed plant material. The fees prescribed by regulation 3 of and Schedule 1 to these Regulations in relation to plant passporting reflect the costs expected to be incurred in undertaking inspections.

These Regulations prescribe (regulation 4 and Schedule 2) the fees for the grant of licences under article 40 or 41 of the 2005 Order to permit the importation of articles which would otherwise be prohibited, including licences for trial or scientific purposes or for work on varietal selection. These Regulations also prescribe (regulation 5 and Schedule 3) fees for potato quarantine testing for material imported under a licence and subject to appropriate quarantine measures (within the meaning of article 41(7) of the 2005 Order).

A Regulatory Impact Assessment has been prepared in respect of the increase in plant passporting fees prescribed in Schedule 1 to these Regulations, and copies can be obtained from the Scottish Government Rural Directorate, Agriculture and Rural Development Division, Pentland House, 47 Robb's Loan, Edinburgh EH14 1TY. Copies have been placed in the Scottish Parliament Information Centre.