Scottish Statutory Instruments
2017 No. 6
Plant Health
The Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2017
Made 11th January 2017
Laid before the Scottish Parliament 13th January 2017
Coming into force 11th February 2017

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 56(1) and (2) of the Finance Act 1973 and all other powers enabling them to do so.
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 extent
1. (1) These Regulations may be cited as the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2017 and come into force on 11th February 2017.
(2) These Regulations extend to Scotland only.

Amendment of the Plant Health (Import Inspection Fees) (Scotland) Regulations 2014
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reg. 2 revoked (19.3.2018) by The Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2018 (S.S.I. 2018/22), regs. 1(1), 3

Revocation
3. Regulation 2(a) of the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2015 is revoked.
S.S.I. 2015/392.
FERGUS EWING
A member of the Scottish Government
St Andrew’s House,
Edinburgh
11th January 2017

EXPLANATORY NOTE
(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 substitutes schedule 2 of 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_biosecurity/non_eu_trade/less_frequent_checks_en.
The Table provides a comparison of changes made to the fees in schedule 2 of the principal Regulations:

TABLE Schedule 2
Genus	Country of origin	Previous rate of inspection	Previous fee 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.	New rate of inspection	New fee, specified in Schedule 2
Cut Flowers					
Aster	Zimbabwe	100%	£42.00	75%	£37.50
Dianthus	Kenya	10%	£25.80	5%	£24.90
Dianthus	Turkey	25%	£28.50	15%	£26.70
Rosa	Zambia	15%	£26.70	10%	£25.80
Fruit					
Citrus	Egypt	15%	£26.70	25%	£28.50
Citrus	Mexico	10%	£25.80	100% 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 of the principal Regulations.	-
Citrus	Tunisia	50%	£33.00	100%	-
Malus	Argentina	25%	£28.50	35%	£30.30
Malus	USA	50%	£33.00	75%	£37.50
Passiflora	Colombia	10%	£25.80	7%	£25.26
Passiflora	Kenya	15%	£26.70	25%	£28.50
Passiflora	Vietnam	100%	£42.00	35%	£30.30
Prunus	Morocco	50%	£33.00	25%	£28.50
Prunus	USA	50%	£33.00	25%	£28.50
Vegetables					
Capsicum	Israel	5%	£24.90	10%	£25.80
Momordica	Surinam	25%	£28.50	35%	£30.30
Solanum melongena	Turkey	10%	£25.80	5%	£24.90
Regulation 3 revokes regulation 2(a) of the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2015.
No business and regulatory impact assessment has been prepared for this instrument as it has limited impact on the cost of business.

Reg. 1 in force at 11.2.2017, see reg. 1(1)
Reg. 3 in force at 11.2.2017, see reg. 1(1)