2014 No. 338

Plant Health

The Plant Health (Import Inspection Fees) (Scotland) Regulations 2014

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 56(1) and (2) of the Finance Act 1973 F1 and section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 F2 and all other powers enabling them to do so.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972, and it appears to the Scottish Ministers that it is expedient for references to Annex V, Part B of Council Directive 2000/29/ECF3, to be a reference to those provisions of that instrument as amended from time to time.

Annotations:
Amendments (Textual)
F1

1973 c.51. The reference to a Government department in section 56(1) is to be read as a reference to the Scottish Administration by virtue of article 2(2) of the Scotland Act (Consequential Modifications) (No. 2) Order 1999 (S.I. 1999/1820) and the functions of the Minister transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46). The requirement to obtain the consent of the Treasury was removed by section 55 of the Scotland Act 1998.

F2

1972 c.68 (“the 1972 Act”). Section 2(2) was amended by the Scotland Act 1998 (c.46), Schedule 8, paragraph 15(3) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by the European Union Amendment Act 2008 (c.7), Schedule, Part 1. The functions conferred upon the Minister of the Crown under section 2(2) of the 1972 Act, in so far as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998. The powers in section 2(2) are exercised in relation to regulation 6 of these Regulations. Paragraph 1A of Schedule 2 was inserted by section 28 of the 2006 Act and was amended by the 2008 Act, section 3(3) and Schedule, Part 1.

F3

OJ L 169, 10.7.2000, p.1, as last amended by Regulation (EU) No 652/2014 (OJ L 189, 27.6.2014, p.1).

Citation, commencement and extent1

1

These Regulations may be cited as the Plant Health (Import Inspection Fees) (Scotland) Regulations 2014 and come into force on 15th January 2015.

2

These Regulations extend to Scotland only.

Interpretation2

1

In these Regulations—

  • F20...

  • F30...

  • F31...

  • F32...

  • F38...

  • F53...

  • F21“European Union” means the territories of the Member States F40... excluding Canary Islands, Ceuta, Melilla, Guadeloupe, French Guiana, Martinique, Réunion, Saint-Barthélemy and Saint-Martin

  • F33...

  • F15...

  • “landed in Scotland” means introduced into Scotland by any means, including by post;

  • F34“lot” means a number of units of a single commodity, identifiable by its homogeneity of composition and origin and forming part of a consignment,

  • “normal working hours” means any time between the hours of 6 a.m. to 5 p.m. on any day except—

    1. a

      a Saturday;

    2. b

      a Sunday;

    3. c

      Easter Monday;

    4. d

      26th December, if it is not a Saturday or Sunday;

    5. e

      27th December, in a year in which 25th or 26th December is a Sunday; or

    6. f

      a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971 F4;

  • F16“Official Controls Regulation” means Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC, insofar as it applies to rules referred to Article 1(2)(g) of that Regulation;

  • F39“Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC.

  • F35...

  • F36...

  • F37...

  • F53...

F222

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 section 15(1) of the Electronic Communications Act 2000 F5, which has been recorded and is consequently capable of being reproduced.

F293

Unless the context otherwise requires, words and expressions which are not defined in these Regulations and which appear in the F41... Plant Health Regulation or the Official Controls Regulation have the same meaning in these Regulations as in the F41... Plant Health Regulation or, as the case may be, in the Official Controls Regulation.

Application of the import inspection fee3

F231

An importer of a consignment to which this regulation applies must pay to the Scottish Ministers the fees specified in regulation 4.

2

This regulation applies to a consignment, or to such part of a consignment, which—

a

consists of—

i

plants, plant products and other objects of a description specified in the second column of Schedule 1 and that are listed F17in Part A of Annex 11 or in Annex 12 to F26the Phytosanitary Conditions Regulation, as amended from time to time; or

ii

seeds of Solanaceae F6; and

F43b

is—

i

landed in Scotland from a third country, F54... or

ii

subject to any agreement made under the provisions of any legislation that establishes the cases where, and the conditions under which, identity checks and physical checks of transhipped consignments and of animals arriving by air or sea and staying on the same means of transport for onward travel may be performed at a border control post other than the one of first arrival under Article 51(1) (specific rules for official controls at border inspection posts) of the Official Controls Regulation.

F60FeesF454

1

F56Subject to paragraph (8), the fee specified for a physical check for a consignment, or such part of a consignment, consisting of plants, plant products or other objects—

a

during normal working hours, is the fee specified in the F57fifth column of schedule 1 and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule, or

b

outside normal working hours, is the fee specified in the F58sixth column of schedule 1 and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule.

F592

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F593

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F594

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F595

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F556

Subject to paragraph (8), the fee specified for a documentary check for a consignment or such part of a consignment, consisting of any plants, plant products or other objects is the fee specified for that check in the third column of table 3 in schedule 2A.

7

Subject to paragraph (8), the fee specified for an identity check for a consignment or such part of a consignment, consisting of any plants, plant products or other objects is the fee specified for that check in the seventh column of the table in schedule 1.

8

No fee is payable under paragraphs (1), (6) or (7) in respect of any consignment originating in an EU Member state, Liechtenstein or Switzerland, where it would be payable in respect of any plants or plant products specified in schedule 2 that are contained in that consignment.

Additional fees in respect of Potatoes Originating in Egypt F27...5

1

Where paragraph (2) F18... applies, an importer must pay to the Scottish Ministers the fee specified in the fourth column of Schedule 3, in addition to any fee payable in accordance with regulations 3 and 4.

2

This paragraph applies where potatoes originating in Egypt are landed in Scotland and a sample of those potatoes is taken in order to ascertain whether, for the purposes of F28point 26 of Annex 7 of the Phytosanitary Conditions Regulation, those potatoes are infected with Ralstonia solanacearum (Smith) Yabuuchi et al..

F193

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Revocations6

1

Subject to paragraph (2), the following regulations are revoked:—

F24a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

the Plant Health (Import Inspection Fees) (Scotland) Regulations 2005 F7;

c

the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2007 F8;

d

the Plant Health (Import Inspection Fees) (Scotland) Amendment (No. 2) Regulations 2007 F9;

e

the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2009 F10;

f

the Plant Health (Import Inspection Fees) (Scotland) Amendment (No. 2) Regulations 2009 F11;

g

the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2010 F12; and

h

the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2011 F13.

2

Despite paragraph (1), an importer must pay to the Scottish Ministers any fee which is payable under F25... regulation 4 of the Plant Health (Import Inspection Fees) (Scotland) Regulations 2005 in respect of a consignment, or part of a consignment, which was landed in Scotland prior to the coming into force of these Regulations.

RICHARD LOCHHEAD A member of the Scottish Government St Andrew's House, Edinburgh

F48SCHEDULE 1IMPORT INSPECTION FEES FOR PHYSICAL AND IDENTITY CHECKS

Regulations 3 and 4(1)

Annotations:
Amendments (Textual)

Item

Product, plant or other object

Quantity

Country of Origin

Fees

Physical check

Identity check

Normal working hours

Outside normal working hours

Plants for planting

1

Cuttings, seedlings (except forestry reproductive material), young plants of strawberries or of vegetables

All genera

Up to 10,000 in number

Any third country

£30.00

£54.00

£6.00

for each additional 1,000 units (or part thereof)

£0.80 up to a maximum of £168

£1.50 up to a maximum of £318

2

Shrubs, trees (other than cut Christmas trees), other woody nursery plants including forest reproductive material (other than seed)

All genera

Up to 1,000 in number

Any third country

£30.00

£54.00

£6.00

for each additional 100 units (or part thereof)

£0.50 up to a maximum of £168

£1.00 up to a maximum of £318

3

Dormant bulbs, corms, rhizomes, tubers, onion, garlic, shallots, leeks and other alliaceous vegetables (other than tubers of potatoes), not intended for final consumers** or to produce plants for commercial flower production

All genera

Per consignment – up to 200kg in weight

Any third country

£30.00

£54.00

£6.00

for each additional 10kg (or part thereof)

£0.20 up to a maximum of £168

£0.40 up to a maximum of £318

4

Dormant bulbs, corms, rhizomes, tubers, onion, shallots, garlic, leeks and other alliaceous vegetables not in substrate intended for planting (other than tubers of potatoes) and intended for final consumers** or commercial flower production only

All genera

Per consignment – up to 200kg in weight

Any third country

£13.80

£21.60

£0.60

for each additional 10kg (or part thereof)

£0.02 up to a maximum of £26.40

£0.04 up to a maximum of £46.80

5

Non-woody plants (other than seed) for sale to final consumers**. Excludes shrubs, trees, other woody nursery plants, forest reproductive material

All genera

Per consignment – up to 1,000 in number

Any third country

£17.40

£28.80

£1.80

for each additional 100 units (or part thereof)

£0.06 up to a maximum of £55.20

£0.12 up to a maximum of £104.40

6

*Indoor plants (including plants for use in aquaria) for final consumers**

All genera

Per consignment - up to 1,000 in number

Any third country

£12.90

£19.80

£0.30

for each additional 100 units (or part thereof)

£0.01 up to a maximum of £19.20

£0.02 up to a maximum of £32.40

7

Plants intended for planting (other than cut Christmas trees) not specified or included elsewhere in this table

All genera

Per consignment -up to 5,000 in number

Any third country

£30.00

£54.00

£6.00

for each additional 100 units (or part thereof)

£0.20 up to maximum of £168

£0.40 up to maximum of £318

Seeds

8

For trials or testing

All genera

Per consignment – up to 100kg in weight

Any third country

£13.80

£21.60

£0.60

for each additional 10kg (or part thereof)

£0.05 up to maximum of £26.40

£0.09 up to maximum of £46.80

9

Brassicaceae spp., Poaceae spp. and Trifolium spp.

Per consignment -up to 100kg in weight

Any third country other than Argentina, Australia, Bolivia, Brazil, Chile, New Zealand or Uruguay

£12.90

£19.80

£0.30

for each additional 10kg (or part thereof)

£0.02 up to maximum of £19.20

£0.04 up to maximum of £32.40

Per consignment -up to 100kg in weight

Argentina, Australia, Bolivia, Brazil, Chile, New Zealand or Uruguay

£30.00

£54.00

£6.00

for each additional 10kg (or part thereof)

£0.50 up to maximum of £168

£0.90 up to maximum of £318

10

Capsicum spp., Solanum lycopersicum L., Solanum tuberosum (“true potato seed”)

Per consignment -up to 100kg in weight

Any third country

£30.00

£54.00

£6.00

for each additional 10kg (or part thereof)

£0.50 up to maximum of £168

£0.90 up to maximum of £318

11

Triticum L., Secale L. and X Triticosecale

Per consignment -up to 100kg in weight

Any third country other than Afghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, South Africa or the USA

£12.90

£19.80

£0.30

for each additional 10kg (or part thereof)

£0.02 up to a maximum of £19.20

£0.04 up to a maximum of £32.40

Per consignment -up to 100kg in weight

Afghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, South Africa or the USA

£30.00

£54.00

£6.00

for each additional 10kg (or part thereof)

£0.50 up to maximum of £168

£0.90 up to maximum of £318

12

Other seeds not specified or included elsewhere in this table

All genera

Per consignment – up to 100kg in weight

Any third country

£12.90

£19.80

£0.30

for each additional 10kg (or part thereof)

£0.02 up to a maximum of £19.20

£0.04 up to a maximum of £32.40

Grain (other than seed for sowing)

13

Secale L., Triticum L. and

x Triticosecale Wittm. ex A. Camus

Per consignment - up to 25,000kg in weight

Any third country other than Afghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, South Africa or the USA

£12.90

£19.80

£0.30

for each additional 1,000kg (or part thereof)

£0.04 up to a maximum of £19.20

£0.07 up to a maximum of £32.40

Per consignment - up to 25,000kg in weight

Afghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, South Africa or the USA

£30.00

£54.00

£6.00

for each additional 1,000kg (or part thereof)

£0.80 up to a maximum of £168

£1.50 up to a maximum of £318

14

Other grain not specified or included elsewhere in this table

All genera

Per consignment - up to 25,000kg in weight

Any third country

£12.90

£19.80

£0.30

for each additional 1,000kg (or part thereof)

£0.04 up to a maximum of £19.20

£0.07 up to a maximum of £32.40

Cut Flowers

15

Chrysanthemum L. and Dendranthema (DC.) Des Moul.

Per consignment -up to 20,000 in number

Any third country other than an EU Member State, Colombia, Ecuador, Liechtenstein or Switzerland

£12.90

£19.80

£0.30

Colombia or Ecuador

£21.00

£36.00

£3.00

Any EU Member State, Liechtenstein or Switzerland

£12.54

£19.08

£0.18

for each additional 1,000 units

Any third country other than an EU Member State, Colombia, Ecuador, Liechtenstein or Switzerland

£0.01 up to a maximum of £19.20

£0.01 up to a maximum of £32.40

Colombia or Ecuador

£0.10 up to a maximum of £84.00

£0.15 up to a maximum of £162.00

Any EU Member State, Liechtenstein or Switzerland

£0.01 up to a maximum of £16.32

£0.01 up to a maximum of £26.64

16

Eryngium Tournier ex Linnaeus or Solidago L.

Per consignment -up to 20,000 in number

Any third country other than an EU Member State, Liechtenstein or Switzerland

£13.80

£21.60

£0.60

Any EU Member State, Liechtenstein or Switzerland

£12.54

£19.08

£0.18

for each additional 1,000 units

Any third country other than an EU Member State, Liechtenstein or Switzerland

£0.02 up to a maximum of £26.40

£0.03 up to a maximum of £46.80

Any EU Member State, Liechtenstein or Switzerland

£0.01 up to a maximum of £16.32

£0.01 up to a maximum of £26.64

17

Lisianthus L.

Per consignment -up to 20,000 in number

Any third country

£13.80

£21.60

£0.60

for each additional 1,000 units

Any third country

£0.02 up to a maximum of £26.40

£0.30 up to a maximum of £46.80

18

Rosa L.

Per consignment - up to 20,000 in number

Any third country other than an EU Member State, Canada, Colombia, Ecuador, India, Liechtenstein, Mexico, Switzerland or the USA

£12.90

£19.80

£0.30

Canada, India, Mexico, or the USA

£21.00

£36.00

£3.00

Any EU Member State, Colombia, Ecuador, Liechtenstein or Switzerland

£12.54

£19.08

£0.18

for each additional 1,000 units

Any third country other than an EU Member State, Canada, Colombia, Ecuador, India Liechtenstein, Mexico Switzerland or the USA

£0.01 up to a maximum of £19.20

£0.01 up to a maximum of £32.40

Canada, India, Mexico, or the USA

£0.10 up to a maximum of £84.00

£0.15 up to a maximum of £162.00

Any EU Member State, Colombia, Ecuador, Liechtenstein or Switzerland

£0.01 up to a maximum of £16.32

£0.01 up to a maximum of £26.64

19

Other cut flowers not specified or included elsewhere in this table

All genera

Per consignment -up to 20,000 in number

Any third country other than an EU Member State, Liechtenstein, or Switzerland

£12.90

£19.80

£0.30

Any EU Member State, Liechtenstein or Switzerland

£12.54

£19.08

£0.18

for each additional 1,000 units

Any third country other than an EU Member State, Liechtenstein or Switzerland

£0.01 up to a maximum of £19.20

£0.01 up to a maximum of £32.40

Any EU Member State, Liechtenstein or Switzerland

£0.01 up to a maximum of £16.32

£0.01 up to a maximum of £26.64

Fruit and vegetables (not leafy vegetables)

20

Momordica L. and Solanaceae Juss. (excluding Solanum tuberosum L.)

Per consignment -up to 100kg in weight

Any third country other than an EU Member State, Liechtenstein or Switzerland

£21.00

£36.00

£3.00

Any EU Member State, Liechtenstein or Switzerland

£12.54

£19.08

£0.18

for each additional 1,000kg (or part thereof)

Any third country other than an EU Member State, Liechtenstein or Switzerland

£0.04

£0.07

Any EU Member State, Liechtenstein or Switzerland

£0.02

£0.04

21

Solanum melongena L.

Per consignment -up to 100kg in weight

Any third country other than an EU Member State, Liechtenstein, Switzerland or Turkey

£12.90

£19.80

£0.30

Turkey

£17.40

£28.80

£1.80

Any EU Member State, Liechtenstein or Switzerland

£12.54

£19.08

£0.18

for each additional 1,000kg (or part thereof)

Any third country other than an EU Member State, Liechtenstein, Switzerland or Turkey

£0.04

£0.07

Turkey

£0.24

£0.45

Any EU Member State, Liechtenstein or Switzerland

£0.02

£0.04

22

Other fruit and vegetables (other than leafy vegetables) not specified or included elsewhere in this table

Per consignment - up to 25,000kg in weight

Any third country other than an EU Member State, Liechtenstein or Switzerland

£12.90

£19.80

£0.30

Any EU Member State, Liechtenstein or Switzerland

£12.54

£19.08

£0.18

for each additional 1,000kg (or part thereof)

Any third country other than an EU Member State, Liechtenstein or Switzerland

£0.04

£0.07

Any EU Member State, Liechtenstein or Switzerland

£0.02

£0.04

Leaves of plants and leafy vegetables

23

Ocimum L.

Per consignment -up to 100 kg in weight

Any third country other than an EU Member State, Liechtenstein or Switzerland

£21.00

£36.00

£3.00

Any EU Member State, Liechtenstein or Switzerland

£12.54

£19.08

£0.18

for each additional 10kg (or part thereof)

Any third country other than an EU Member State, Liechtenstein or Switzerland

£0.90 up to maximum of £84.00

£0.75 up to maximum of £162.00

Any EU Member State, Liechtenstein or Switzerland

£0.05 up to a maximum of £16.32

£0.11 up to a maximum of £26.64

24

Leaves of plants, such as herbs, spices and leafy vegetables not specified or included elsewhere in this table

Per consignment -up to 100kg in weight

Any third country other than an EU Member State, Liechtenstein or Switzerland

£12.90

£19.80

£0.30

Any EU Member State, Liechtenstein or Switzerland

£12.54

£19.08

£0.18

for each additional 10kg (or part thereof)

Any third country other than an EU Member State, Liechtenstein or Switzerland

£0.09 up to a maximum of £19.20

£0.18 up to a maximum of £32.40

Any EU Member State, Liechtenstein or Switzerland

£0.05 up to a maximum of £16.32

£0.11 up to a maximum of £26.64

Branches with foliage, parts of Conifers (other than bark)

25

All genera

Per consignment -up to 200kg in weight

Any third country other than an EU Member State, Liechtenstein or Switzerland

£12.90

£19.80

£0.30

Any EU Member State, Liechtenstein or Switzerland

£12.54

£19.08

£0.18

for each additional 100kg (or part thereof )

Any third country other than an EU Member State, Liechtenstein or Switzerland

£0.09 up to a maximum of £19.20

£0.18 up to a maximum of £32.40

Any EU Member State, Liechtenstein or Switzerland

£0.05 up to a maximum of £16.32

£0.11 up to a maximum of £26.64

Tubers of potatoes

26

Solanum tuberosum L. (seed potatoes)

Per lot - up to 25,000kg in weight

Any third country

£64.00

£96.00

£6.00

for each additional 25,000kg in weight or part thereof

£52.00

£78.00

27

Tubers of Solanum tuberosum L. (ware potatoes)

Per lot - up to 25,000kg in weight

Any third country other than Egypt, Poland, Portugal, Romania or Spain

£13.56

£20.34

£0.18

Egypt, Poland, Portugal or Romania

£38.00

£54.00

£3.00

Spain

£64.00

£96.00

£6.00

for each additional 25,000kg in weight or part thereof

Any third country other than Egypt, Poland, Portugal, Romania or Spain

£1.56

£2.34

Egypt, Poland, Portugal or Romania

£26.00

£39.00

Spain

£52.00

£78.00

Cut Christmas trees

28

Cut Christmas trees (less than

3m height)

All genera

Per consignment -up to 1,000 in number

Any third country other than an EU Member State, Liechtenstein or Switzerland

£12.90

£19.80

£0.30

for each additional 100 units (or part thereof)

£0.09 up to a maximum of £19.20

£0.18 up to a maximum of £32.40

Per consignment -up to 1,000 in number

Any EU Member State, Liechtenstein or Switzerland

£12.54

£19.08

£0.30

for each additional 100 units (or part thereof)

£0.05 up to a maximum of £16.32

£0.11 up to a maximum of £26.64

Other objects

29

Machinery or vehicles which have been operated for agricultural or forestry purposes

Per consignment

Any third country

£12.90

£19.80

£0.30

* “Indoor Plants” means clearly packed and ready for supply to final consumers, identifiable as being for indoor use or use in aquaria.

** “Final consumers” means by evidence from the packaging, labelling or by other means, for direct sales to final consumers.

Note: Growing media and soil from third countries will be inspected at the frequency rate of the plants, plant products or other objects that it is attached to.

F46SCHEDULE 1AIMPORT INSPECTION FEES FOR PHYSICAL CHECKS ON CONSIGNMENTS ORIGINATING IN THE EUROPEAN UNION, LIECHTENSTEIN OR SWITZERLAND

Regulations 3 and 4(1)

Annotations:
Amendments (Textual)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F49SCHEDULE 2LIST OF PLANTS AND PLANT PRODUCTS ORIGINATING IN AN EU MEMBER STATE, LIECHTENSTEIN OR SWITZERLAND NOT SUBJECT TO FEES FOR DOCUMENTARY, IDENTITY AND PHYSICAL CHECKS

Regulation 4(8)

Annotations:
Amendments (Textual)

1

Branches with foliage, parts of Conifers other than bark or cut Christmas trees.

2

Cut Christmas trees.

3

Cut flowers.

4

Fruit.

5

Grain, other than seeds for sowing.

6

Leaves of plants, such as herbs, spices and leafy vegetables.

7

Seeds other than—

a

seeds of—

i

Allim cepa L.,

ii

Allium porrum L.,

iii

Castanea Mill.,

iv

Capsicum spp. L.,

v

Helianthus annuus L.,

vi

Medicago sativa L.,

vii

Phaseolus cocineus.,

viii

Phaseolus vulgaris L.,

ix

Solanum lycopersicum L.,

x

Solanum tuberosum L., (true potato seed).

b

Vegetable seeds of Pisumsativum L. and Vicia faba L.

c

Seeds of oil and fibre plants of—

i

Brassica napus L.,

ii

Brassica rapa L.,

iii

Sinapis alba L.,

iv

Glycine max (L.) Merrill,

v

Linum usitatissimum L.

8

Tissue cultures.

9

Tubers of potatoes (except from Poland, Portugal, Romania and Spain).

F47SCHEDULE 2ZAREDUCED IMPORT INSPECTION FEES FOR OTHER CONSIGNMENTS ORIGINATING IN THE EUROPEAN UNION, LIECHTENSTEIN OR SWITZERLAND

Regulations 3 and 4(5)

Annotations:
Amendments (Textual)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F44SCHEDULE 2AIMPORT INSPECTION F50FEE FOR DOCUMENTARY CHECKS

Regulations 3 and 4(6)

Annotations:
Amendments (Textual)
F44

Sch. 2A substituted (1.4.2021 except for the insertion of Table 3, 1.7.2021 in so far as not already in force) by The Plant Health (EU Exit) (Scotland) (Amendment) Regulations 2021 (S.S.I. 2021/159), regs. 1(1)(2), 2(7)

F51Table 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F52Table 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Table 3

Check

Quantity

Fee

Documentary check

Per consignment

£6.00

F14SCHEDULE 3ADDITIONAL FEES

Regulation 5

Annotations:
Amendments (Textual)

Item

Plants, plant products or other objects

Quantity1

Fee

1

Potatoes originating in Egypt F42...

up to 25,000 kg in weight

£158

for each 25,000 kg (or part thereof)

£158

1 A sample of 200 tubers will be taken for each 25,000 kg lot.

(This note is not part of the Regulations)

These Regulations implement Article 13d of Council Directive 2000/29/EC (OJ L 169, 10.7.2000, p.1) which requires a member State to ensure the collection of 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 which are required by Article 13a(1) of the Directive. These Regulations revoke and replace the Plant Health (Import Inspection Fees) (Scotland) Regulations 2005 (S.S.I. 2005/216) (“the 2005 Regulations”). These Regulations consolidate amendments made to the 2005 Regulations and also increase the level of the applicable fees. They also make provision for additional fees in respect of potatoes originating in Egypt or Lebanon.

Regulation 3 requires the payment of a fee for documentary, identity and plant health checks (“applicable checks”) performed on consignments, or parts of consignments, consisting of plants, plant products and other objects, which are landed in Scotland from a country outside the European Union, or which are in transit within the Union and in respect of which the Scottish Ministers have agreed with the official body of the point of entry of those goods to be responsible for certain matters (under article 12(6) of the Plant Health (Scotland) Order 2005 (S.S.I. 2005/613). The fees are specified in regulation 4. Except where reduced import inspection fees apply (regulation 4(2)), an importer is required to pay the fee specified in Schedule 1 for applicable checks carried out on those consignments (regulation 3(1), 4(1) and Schedule 1). The fee in Schedule 1 is a single fee. In the 2005 Regulations, the fees for plant health checks, documentary checks and identity checks were prescribed separately. The fees prescribed in Schedule 1 to these Regulations are also higher than the fees prescribed in Schedule 1 to the 2005 Regulations.

Table A provides a comparison of the fees:—

TABLE A

Fee in 2005 Regulations (for plant health check only)1

New Fee (for applicable checks)

Normal working hours

Outside normal working hours

Normal working hours

Outside normal working hours

Tubers of potatoes

£39.72 for each 25,000kg

£59.58 for each 25,000kg

£76 for the first 25,000kg and £52 for each 25,000kg thereafter

£108 for the first 25,000kg and £78 for each 25,000kg thereafter

All other entries listed in Schedule 1

£13.24 for a standard consignment size (specified per entry)

£19.86 for a standard consignment size (specified per entry)

£42 for a standard consignment size (specified per entry)

£66 for a standard consignment size (specified per entry)

Up to a maximum of £105.92 may be charged for additional units2

Up to a maximum of £158.88 may be charged for additional units

Up to a maximum of £168 may be charged for additional units

Up to a maximum of £318 may be charged for additional units

Additional fees per consignment (Schedule 3 of the 2005 Regulations): Documentary Check: £5.29 Identity Check: £5.29 (for up to truck load size) or £10.58 (for larger load)

1 Additional fees for documentary check (£5.29) and identity check (£5.29 for truck load size or £10.58 for larger load) require to be added to the plant health check fee on each consignment. These fees were prescribed in Schedule 3 to the 2005 Regulations.

2 There is no maximum price for plants, plant products or other objects falling within the description “Fruits, vegetables (other than leafy vegetables)” in Schedule 1.

Regulation 4(2) and Schedule 2 prescribe the reduced import inspection fees which apply (whether or not a plant health inspection is in fact carried out) in respect of applicable checks of certain cut flowers, fruits and vegetables originating in the countries specified in Schedule 2. The fee in Schedule 2 to these Regulations is a single fee. In the 2005 Regulations the documentary, identity and plant health checks were subject to separate fees. Pursuant to Article 2 of Commission Regulation (EC) 1756/2004 (OJ L 313, 12.10.2004, p.6) the European Commission notifies member States of the items which should be subject to reduced inspection and of the rate of such inspection. Schedule 2 takes account of the most recent Commission Notification on reduced inspection rates as published on the following Website: http://ec.europa.eu/food/plant/plant_health_biosafety/trade_non_eu/reduced_frequency_checks_en.htm.

Schedule 2 also increases the fees which are payable.

Table B provides a comparison of the fees:—

TABLE B

Genus

Country of Origin

Reduced Rate Fee in 2005 Regulations1 (for plant health check only)2

New reduced Rate Fee3 (for applicable checks)

Rate of Inspection in Period 01.10.2014 – 2015)

Cut Flowers

Dianthus

Columbia

£0.66

£24.60

3%

Ecuador

£1.98

£26.70

15%

Kenya

£0.66

£24.90

5%

Turkey

£3.31

£28.50

25%

Phoenix

Costa Rica

-

£30.30

35%

Rosa

Columbia

£0.39

£24.60

3%

Ecuador

£0.39

£24.60

3%

Ethiopia

£0.66

£25.80

10%

Kenya

£0.66

£24.90

5%

Tanzania

£1.32

£26.70

15%

Zambia

£3.31

£26.70

15%

Fruits

Citrus

Egypt

£1.98

£26.70

15%

Israel

£1.98

£25.80

10%

Mexico

£3.31

£25.80

10%

Morocco

£0.66

£24.90

5%

Peru

£4.63

£25.80

10%

Tunisia

-

£37.50

75%

Turkey

£0.39

£24.60

3%

Uruguay

£1.98

£37.50

75%

USA

£1.98

£26.70

15%

Malus

Argentina

£1.32

£28.50

25%

Brazil

£1.98

£28.50

25%

Chile

£0.92

£24.90

5%

New Zealand

£1.32

£25.80

10%

South Africa

£1.32

£24.90

5%

USA

£3.31

£33.00

50%

Passiflora

Colombia

£1.32

£25.80

10%

Kenya

£1.32

£25.80

10%

South Africa

£6.62

£30.30

35%

Zimbabwe

£4.63

£37.50

75%

Prunus

Argentina

£4.63

£33.00

50%

Chile

£1.32

£25.80

10%

Morocco

-

£33.00

50%

South Africa

£1.32

£25.80

10%

Turkey

£1.32

£25.80

10%

USA

£3.31

£25.80

10%

Psidium

Brazil

-

£37.50

75%

Pyrus

Argentina

£1.98

£25.80

10%

Chile

£4.63

£26.70

15%

China

£4.63

£33.00

50%

South Africa

£1.32

£25.80

10%

Vaccinium

Argentina

-

£28.50

25%

Vegetables

Capsicum

Israel

-

£24.90

5%

Morocco

-

£25.80

10%

Momordica

Surinam

-

£30.30

35%

Solanum

Melongena

Kenya

-

£25.80

10%

Turkey

£1.32

£25.80

10%

1 Fee is per consignment of up to 20,000 cut flowers and up to 25,000kg of fruit and vegetables and relate to checks carried out during normal working hours. Fees for additional quantities and the maximum fee per consignment are also prescribed in Schedule 2, together with corresponding fees for checks carried out outside normal working hours.

2 Additional fees for documentary check (£5.29) and identity check (£5.29 for truck load size or £10.58 for larger load) require to be added to the plant health check fee on each consignment. These fees were prescribed in Schedule 3 to the 2005 Regulations.

3 Fee is per consignment of up to 20,000 cut flowers and up to 25,000kg of fruit and vegetables and relate to checks carried out during normal working hours. Fees for additional quantities and the maximum fee per consignment are also prescribed in Schedule 2, together with corresponding fees for checks carried out outside normal working hours.

The Regulations also make provision for two additional fees in respect of sampling of potatoes. Regulations 5(1) and (2) and Schedule 3 prescribe a fee for the taking of samples of potatoes originating in Egypt in order to test for the presence of Ralstonia solanacearum (Smith) Yabuuchi et al., in accordance with point 5 of the Annex to Commission Implementing Decision (EU) No 787/2011 (OJ L 319, 02.12.2011, p.112). This fee was formerly prescribed by regulation 6 of the Potatoes Originating in Egypt (Scotland) Regulations 2004 (S.S.I. 2004/111). Regulation 7(1)(a) and (2) of these Regulations revokes that provision with savings.

Regulation 5(1) and (3) and Schedule 3 also introduce a fee for the taking of samples of potatoes originating in Lebanon in order to test for the presence of Clavibacter michiganensis (Smith) Davis et al. ssp. sepedonicus (Spieckermann and Kotthoff) Davis et al. in accordance with Article 4 of Commission Implementing Decision (EU) No 413/2013 (OJ L 205, 01.08.2013, p.13).

Regulation 6 revokes the 2005 Regulations, and subsequent amending regulations, with savings.

A business and regulatory impact assessment has been prepared, and placed in the Scottish Parliament Information Centre. A copy can be obtained from the Scottish Government Agriculture, Food and Rural Communities Directorate, Saughton House, Broomhouse Drive, Edinburgh, EH11 3XD.