The Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2015

Made18th November 2015

Laid before the Scottish Parliament20th November 2015

Coming into force1st January 2016

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 all other powers enabling them to do so.

Annotations:

Amendments (Textual)

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.

Citation, commencement and extent1

1

These Regulations may be cited as the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2015 and come into force on 1st January 2016.

2

These Regulations extend to Scotland only.

Amendment of the Plant Health (Import Inspection Fees) (Scotland) Regulations 20142

In the Plant Health (Import Inspection Fees) (Scotland) Regulations 2014 F2—

F3a

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

b

for Schedule 3 (additional fees) substitute—

SCHEDULE 3ADDITIONAL FEES
Regulation 5
Item
Plants, plant products or other objects
Quantity¹
Fee
1
Potatoes originating in Egypt or Lebanon
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.

Item	Plants, plant products or other objects	Quantity¹	Fee
1	Potatoes originating in Egypt or Lebanon	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.

AILEEN McLEOD Authorised to sign by the Scottish Ministers St Andrew's House, Edinburgh

(This note is not part of the Regulations)

These Regulations amend the Plant Health (Import Inspection Fees) (Scotland) Regulations 2014 (“the principal Regulations”).

Article 13d of Council Directive 2000/29/EC (OJ L 169, 10.7.2000, p.1) (“the Directive”) 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. 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 plants and plant products which should be subject to reduced inspection and of the rate of such inspection. Regulation 2(a) substitutes Schedule 2 to the principal Regulations to take account of the most recent Commission Notification on reduced inspection rates, available at http://ec.europa.eu/food/plant/plant_health_biosafety/trade_non_eu/reduced_frequency_checks_en.htm.

The Table provides a comparison of changes made to the fees in Schedule 2 to the principal Regulations:

TABLESchedule 2

Genus	Country of origin	Previous rate of inspection	Previous fee¹	New rate of inspection	New fee, specified in Schedule 2
Cut Flowers
Dianthus	Kenya	5%	£24.90	10%	£25.80
Rosa	Ethiopia	10%	£25.80	5%	£24.90
Fruit
Citrus	Tunisia	75%	£37.50	50%	£33.00
Citrus	Uruguay	75%	£37.50	100%²	–
Passiflora	Kenya	10%	£25.80	15%	£26.70
Prunus	Argentina	50%	£33.00	75%	£37.50
Prunus	USA	10%	£25.80	50%	£33.00
Psidium	Brazil	75%	£37.50	100%²	–
Pyrus	China	50%	£33.00	75%	£37.50
Vegetables
Capsisum	Morocco	10%	£25.80	5%	£24.90
Momordica	Surinam	35%	£30.30	25%	£28.50
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 principal Regulations for additional quantities, maximum price per consignment and inspections carried out outside normal 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.

Regulation 2(b) substitutes Schedule 3 to the principal Regulations, to increase the additional fees for sampling potatoes originating in Egypt or Lebanon from £152 to £158 for quantities of up to 25,000kg in weight and, thereafter, for each 25,000kg or part thereof.

No business and regulatory impact assessment has been prepared for this instrument as it has limited impact on the cost of business.