2014 No. 338

Plant Health

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

Made26th November 2014

Laid before the Scottish Parliament1st December 2014

Coming into force15th January 2015

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 56(1) and (2) of the Finance Act 19731 and section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 19722 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/EC3, to be a reference to those provisions of that instrument as amended from time to time.

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—

“applicable checks” means the documentary check, identity check and plant health check which may be performed on a consignment, as described in Article 13a(1)(b) of the Directive;

“consignment” has the same meaning as in Article 2(1)(p) of the Directive;

“the Directive” means Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community4;

“intended for planting” has, in relation to plants, the same meaning as in Article 2(1)(d) of the Directive;

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

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

(a)

a Saturday;

(b)

a Sunday;

(c)

Easter Monday;

(d)

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

(e)

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

(f)

a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 19715;

“plants” 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 products” 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 Union.

(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 section 15(1) of the Electronic Communications Act 20006, which has been recorded and is consequently capable of being reproduced.

Application of the import inspection fee3.

(1)

In respect of applicable checks which are carried out on a consignment, or on such part of a consignment, to which this regulation applies, an importer must pay to the Scottish Ministers the fee 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 in Annex V, Part B of the Directive, as amended from time to time; or

(ii)

seeds of Solanaceae7; and

(b)

is landed in Scotland from a third country or is the subject of an agreement made under article 12(6) of the Plant Health (Scotland) Order 20058.

Fees4.

(1)

Except where paragraph (2) applies, the fee specified for applicable checks carried out—

(a)

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

(2)

In the case of a consignment, or such part of a consignment, consisting of any plants or plant products listed in the second column of Schedule 2 and originating from a country listed in the fourth column of that Schedule, the fee specified for applicable checks carried out, or which, but for Article 13a(2) of the Directive (providing for checks to be carried out at reduced frequency9), would have been required to be carried out—

(a)

during normal working hours, is the fee specified in the fifth column of Schedule 2 and corresponding to the relevant plants or plant products as described in the second column of that Schedule; or

(b)

outside normal working hours, is the fee specified in the sixth column of Schedule 2 and corresponding to the relevant plants or plant products as described in the second column of that Schedule.

Additional fees in respect of Potatoes Originating in Egypt and Lebanon5.

(1)

Where paragraph (2) or (3) 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 point 5 of the Annex to Commission Implementing Decision 2011/787/EU authorising Member States temporarily to take emergency measures against the dissemination of Ralstonia solanacearum (Smith) Yabuuchi et al. as regards Egypt10, those potatoes are infected with Ralstonia solanacearum (Smith) Yabuuchi et al..

(3)

This paragraph applies where potatoes originating in Lebanon are landed in Scotland and a sample of those potatoes is taken in order to ascertain whether for the purposes of Article 4 of Commission Implementing Decision 2013/413/EU authorising Member States to provide for derogations from certain provisions of Council Directive 2000/29/EC in respect of potatoes, other than potatoes intended for planting, originating in the regions of Akkar and Bekaa of Lebanon11, those potatoes are infected with Clavibacter michiganensis (Smith) Davis et al. ssp. sepedonicus (Spieckermann and Kotthoff) Davis et al..

Revocations6.

(1)

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

(a)

regulation 6 of the Potatoes Originating in Egypt (Scotland) Regulations 200412;

(b)

the Plant Health (Import Inspection Fees) (Scotland) Regulations 200513;

(c)

the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 200714;

(d)

the Plant Health (Import Inspection Fees) (Scotland) Amendment (No. 2) Regulations 200715;

(e)

the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 200916;

(f)

the Plant Health (Import Inspection Fees) (Scotland) Amendment (No. 2) Regulations 200917;

(g)

the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 201018; and

(h)

the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 201119.

(2)

Despite paragraph (1), an importer must pay to the Scottish Ministers any fee which is payable under regulation 6 of the Potatoes Originating in Egypt (Scotland) Regulations 2004 or 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

26th November 2014

SCHEDULE 1IMPORT INSPECTION FEES FOR APPLICABLE CHECKS

Regulations 3 and 4(1)

			Fee(*)
Item	Plants, plant products or other objects	Quantity	Normal working hours	Outside normal working hours
1	Cuttings, seedlings (except forestry reproductive material), young plants of strawberries or of vegetables	Per consignment—
		up to 10,000 in number	£42	£66
		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 forestry reproductive material (other than seed)	Per consignment—
		up to 1,000 in number	£42	£66
		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	Bulbs, corms, rhizomes, tubers, intended for planting (other than tubers of potatoes	Per consignment—
		up to 200kg in weight	£42	£66
		for each additional 10kg (or part thereof)	£0.20 up to a maximum of £168	£0.40 up to a maximum of £318
4	Seeds, tissue cultures	Per consignment—
		up to 100kg in weight	£42	£66
		for each additional 10kg (or part thereof)	£0.50 up to a maximum of £168	£0.90 up to a maximum of £318
5	Other plants intended for planting, not specified elsewhere in this table	Per consignment—
		up to 5,000 in number	£42	£66
		for each additional 100 units (or part thereof)	£0.20 up to a maximum of £168	£0.40 up to a maximum of £318
6	Cut flowers	Per consignment—
		up to 20,000 in number	£42	£66
		for each additional 1,000 units (or part thereof)	£0.20 up to a maximum of £168	£0.30 up to a maximum of £318
7	Branches with foliage, parts of conifers (other than cut Christmas trees)	Per consignment—
		up to 200kg in weight	£42	£66
		for each additional 100kg (or part thereof)	£1.80 up to a maximum of £168	£3.60 up to a maximum of £318
8	Cut Christmas trees	Per consignment—
		up to 1,000 in number	£42	£66
		for each additional 100 units (or part thereof)	£1.80 up to a maximum of £168	£3.60 up to a maximum of £318
9	Leaves of plants, such as herbs, spices and leafy vegetables	Per consignment -
		up to 100kg in weight	£42	£66
		for each additional 10kg (or part thereof)	£1.80 up to a maximum of £168	£3.60 up to a maximum of £318
10	Fruits, vegetables (other than leafy vegetables)	Per consignment -
		up to 25,000kg in weight	£42	£66
		for each additional 1,000kg (or part thereof)	£0.80	£1.50
11	Tubers of potatoes	Per lot -
		up to 25,000kg in weight	£76	£108
		for each additional 25,000kg (or part thereof)	£52	£78
12	Soil and growing medium, bark	Per consignment -
		up to 25,000kg in weight	£42	£66
		for each additional 1,000kg (or part thereof)	£0.80 up to a maximum of £168	£1.50 up to a maximum of £318
13	Grain	Per consignment -
		up to 25,000kg in weight	£42	£66
		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 plants or plant products not specified elsewhere in this table	per consignment	£42	£66
Note: fees are rounded up to the nearest pound, with the exception of the additional quantity values which are rounded up to the nearest decimal point.

(*)

Fee includes a documentary check and an identity check.

SCHEDULE 2IMPORT INSPECTION FEES FOR APPLICABLE CHECKS (REDUCED RATES)

Regulations 3 and 4(2)

				Fees(*)
Item	Plants/plant Products	Quantity	Country of Origin	Normal working hours	Outside normal working hours
Cut Flowers	Dianthus	up to 20,000 in number	Columbia	£24.60	£31.10
			Ecuador	£26.70	£35.40
			Kenya	£24.90	£31.80
			Turkey	£28.50	£39.00
		for each additional 1,000 units	Columbia	£0.01	£0.01
			Ecuador	£0.03	£0.05
			Kenya	£0.01	£0.02
			Turkey	£0.05	£0.08
		maximum price	Columbia	£28.40	£38.70
			Ecuador	£45.60	£73.20
			Kenya	£31.20	£44.40
			Turkey	£60.00	£102.00
	Phoenix	up to 20,000 in number	Costa Rica	£30.30	£42.60
		for each additional 1,000 units		£0.07	£0.11
		maximum price		£74.40	£130.80
	Rosa	up to 20,000 in number	Columbia, Ecuador	£24.60	£31.10
			Ethiopia	£25.80	£33.60
			Kenya	£24.90	£31.80
			Tanzania, Zambia	£26.70	£35.40
		for each additional 1,000 units	Columbia, Ecuador	£0.01	£0.01
			Ethiopia	£0.02	£0.03
			Kenya	£0.01	£0.02
			Tanzania, Zambia	£0.03	£0.05
		maximum price	Columbia, Ecuador	£28.40	£38.70
			Ethiopia	£38.40	£58.80
			Kenya	£31.20	£44.40
			Tanzania, Zambia	£45.60	£73.20
Fruit	Citrus	up to 25,000kg in weight	Egypt, USA	£26.70	£35.40
			Israel, Mexico, Peru	£25.80	£33.60
			Morocco	£24.90	£31.80
			Tunisia, Uruguay	£37.50	£57.00
			Turkey	£24.60	£31.10
		for each additional 1,000kg	Egypt, USA	£0.12	£0.23
			Israel, Mexico, Peru	£0.08	£0.15
			Morocco	£0.04	£0.08
			Tunisia, Uruguay	£0.60	£1.13
			Turkey	£0.03	£0.05
	Malus	up to 25,000kg in weight	Argentina, Brazil	£28.50	£39.00
			Chile, South Africa	£24.90	£31.80
			New Zealand	£25.80	£33.60
			USA	£33.00	£48.00
		for each additional 1,000kg	Argentina, Brazil	£0.20	£0.38
			Chile, South Africa	£0.04	£0.08
			New Zealand	£0.08	£0.15
			USA	£0.40	£0.75
	Passiflora	up to 25,000kg in weight	Columbia Kenya	£25.80	£33.60
			South Africa	£30.30	£42.60
			Zimbabwe	£37.50	£57.00
		for each additional 1,000kg	Columbia Kenya	£0.08	£0.15
			South Africa	£0.28	£0.53
			Zimbabwe	£0.60	£1.13
	Prunus	up to 25,000kg in weight	Argentina, Morocco	£33.00	£48.00
		up to 25,000kg in weight	Chile, South Africa, Turkey, USA	£25.80	£33.60
		for each additional 1,000kg	Argentina, Morocco	£0.40	£0.75
		for each additional 1,000kg	Chile, South Africa, Turkey, USA	£0.08	£0.15
	Psidium	Up to 25,000kg in weight	Brazil	£37.50	£57.00
	Psidium	for each additional 1,000kg	Brazil	£0.60	£1.13
	Pyrus	up to 25,000kg in weight	Argentina, South Africa	£25.80	£33.60
			Chile	£26.70	£35.40
			China	£33.00	£48.00
		for each additional 1,000kg	Argentina, South Africa	£0.08	£0.15
			Chile	£0.12	£0.23
			China	£0.40	£0.75
	Vaccinium	up to 25,000kg in weight	Argentina	£28.50	£39.00
	Vaccinium	for each additional 1,000kg	Argentina	£0.20	£0.38
Vegetables	Capsicum	up to 25,000kg in weight	Israel	£24.90	£31.80
		up to 25,000kg in weight	Morocco	£25.80	£33.60
		for each additional 1,000kg	Israel	£0.04	£0.08
		for each additional 1,000kg	Morocco	£0.08	£0.15
	Momordica	up to 25,000kg in weight	Surinam	£30.30	£42.60
	Momordica	for each additional 1,000kg	Surinam	£0.28	£0.53
	Solanum Melongena	up to 25,000kg in weight	Kenya, Turkey	£25.80	£33.60
	Solanum Melongena	for each additional 1,000kg	Kenya, Turkey	£0.08	£0.15
(*) Fee includes a documentary check and an identity check.
Note: fees are rounded up to the nearest decimal point, with the exception of the additional quantity values, which are rounded up to the nearest penny.

SCHEDULE 3ADDITIONAL FEES

Regulation 5

Item	Plants, plant products or other objects	Quantity(*)	Fee
1	Potatoes originating in Egypt or Lebanon.	up to 25,000kg in weight	£152
1	Potatoes originating in Egypt or Lebanon.	for each 25,000kg (or part thereof)	£152

(*)

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

EXPLANATORY NOTE

(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)
All other entries listed in Schedule 1	Up to a maximum of £105.92 may be charged for additional units(2)	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 Regulations(1) (for plant health check only)(2)	New reduced Rate Fee(3) (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%
Capsicum	Morocco	-	£25.80	10%
Momordica	Surinam	-	£30.30	35%
Solanum Melongena	Kenya	-	£25.80	10%
Solanum Melongena	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)

(3)

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.