The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015
Title, commencement and application1.
These Regulations—
(a)
may be cited as the Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015;
(b)
come into force on 6th April 2015; and
(c)
apply in relation to England and Scotland only.
F1Interpretation: England1A.
(1)
In these Regulations, insofar as they apply in relation to England—
“approved place of inspection” has the meaning given in F2regulation 13(10) of the Official Controls (Plant Health) Regulations 2019;
“controlled consignment” means a consignment which—
(a)
is introduced into England from a third country; and
(b)
F3consists of, or includes, isolated bark or wood of a type that is described in Part A of Annex 11, or Annex 12, to Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants;
“the F4... Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants;
F5“FC remedial notice” means a notice served by a plant health inspector under regulation 10 or 15(1) or (2) of the Official Controls (Plant Health) Regulations 2019;
F6“licence” means—
(a)
a licence referred to in regulation 51(1) of the Official Controls (Plant Health) Regulations 2019 that has been granted by the Forestry Commissioners; or
(b)
an authorisation described in regulation 20(1)(a) or (b)(i) or 21(1)(a) F7or (b) of the Official Controls (Plant Health) Regulations 2019 and granted by the Forestry Commissioners;
F8“the Official Controls (Plant Health) Regulations 2019” means the Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019;
F9...
F10“plant health inspector” means an official plant health officer appointed by the Forestry Commissioners for the purposes of the Official Controls (Plant Health) Regulations 2019;
F13...
F14...
“remedial work” means any steps taken by a person for the purposes of complying with a F15FC remedial notice, or by a plant health inspector under regulation 16(1) of the Official Controls (Plant Health) Regulations 2019;
(2)
Words and expressions which are not defined in these Regulations and which appear in the F18... Plant Health Regulation or in 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 have the same meaning in these Regulations as they have in the F18... instrument in question.
Interpretation F19: Scotland2.
(1)
In these Regulations—
“approved place of inspection” has the meaning given in F20regulation 13 of Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019;
F21“controlled consignment” means a consignment which—
(a)
is introduced into Scotland from a third country;
(b)
F22consists of, or includes, isolated bark, or wood of a type that is described in Part A of Annex 11, or Annex 12, to the Phytosanitary Conditions Regulation, as amended from time to time, other than wood packaging material which is actually in use in the transport of objects of all kinds,
F23...
F23...
F24...
F23...
F25“licence” means—
(a)
a licence referred to in regulation 50(1) of the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 that has been granted by the Scottish Ministers; or
(b)
an authorisation described in regulation 20(1)(a) or (b) or F26(21)(1) of the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019;
F27“the 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;”;
F28“the 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,
F29...
F30“plant health inspector” means an official plant health officer appointed by the Forestry Commissioners for the purposes of the Plant Health (Official Controls and Miscellaneous Provisions)(Scotland) Regulations 2019;
F31...
F31...
F34“remedial notice” means a notice served by a plant health inspector under regulation 10(2) or 15(1) or (2) of the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019;
F35“remedial work” means any steps taken by a person for the purposes of complying with a remedial notice, or by a plant health inspector under regulation 16(1) of the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019;
(2)
Fees3.
(1)
F40In relation to England, fees payable under this regulation are payable to the Forestry Commissioners.
F41(1A)
In relation to Scotland, fees payable under this regulation are payable to the Scottish Ministers.
(2)
The fee payable for an inspection and associated activities F42carried out by, or on behalf of Scottish Ministers in connection with the granting, variation, or suspension of a plant passport authority or for monitoring compliance with that authority is specified in Schedule 1.
(3)
The fee payable in connection with an application for a licence (including an application for an extension or variation of a licence), for an inspection and associated activities in connection with an application for a licence or for monitoring compliance with the terms and conditions of a licence is specified in Schedule 2.
(4)
The importer of a controlled consignment must pay—
(a)
in the case of a F43physical check in respect of the consignment, the fee specified for the relevant type of consignment in item 1 or 2 of the table in Schedule 3;
(b)
in the case of a documentary check in respect of the consignment, the fee specified in item 1 of the table in Schedule 4;
(c)
in the case of an identity check in respect of the consignment, the fee specified in item 2 of the table in Schedule 4.
(5)
Where, at the request of an importer of a controlled consignment, a F43physical check is carried out on the consignment at an approved place of inspection, the importer must pay the fee of £30 for each visit made by an inspector in the course of conducting the F43physical check at the approved place of inspection, in addition to the fee payable under paragraph (4)(a).
F44(5A)
The fee payable in connection with an application to the Forestry Commissioners for a phytosanitary certificate for export or phytosanitary certificate for re-export is the fee specified in Schedule 4A.
(5B)
The fee payable in connection with an application to the Forestry Commissioners for a WPM authorisation is the fee specified in Schedule 4B.
F45(5A)
F46Subject to paragraph (5AA), the fee payable in connection with an application to the Scottish Ministers for a phytosanitary certificate or phytosanitary certificate for re-export is the fee specified in schedule 5A.
F47(5AA)
The fee for a phytosanitary certificate or phytosanitary certificate for re-export specified in schedule 5A is not payable in respect of a consignment destined for delivery to a professional operator based in Northern Ireland.
(5B)
The fee payable in connection with an application to the Scottish Ministers for an authorisation referred to in Article 98(1) of the EU Plant Health Regulation is the fee specified in schedule 5B.
F48(6)
The person on whom a remedial notice is served or who is given notice under F49regulation 16 of the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 must pay the fee specified in Schedule 5 for the carrying out or the monitoring by an inspector of remedial work and associated activities in connection with a controlled consignment.
F50(6A)
The person on whom a FC remedial notice is served or who is given notice under regulation 16(1) of the Official Controls (Plant Health) Regulations 2019 must pay the fee specified in Schedule 5 for the carrying out or the monitoring by a plant health inspector of remedial work and associated activities in connection with a controlled consignment.
Revocations4.
The following Regulations are revoked—
(a)
(b)
(c)
(d)
(e)
Sealed with the official seal of the Forestry Commissioners
SCHEDULE 1Fees for inspections in connection with a plant passport authority
Type of inspection | Fee |
|---|---|
Inspection and associated activities (including travelling and office time) in connection with the granting, variation or suspension of a plant passport authority or for monitoring compliance with that authority— | |
| £37 |
| £9.25 |
SCHEDULE 2Fees in connection with licences
Item | Type of application or inspection | Fee |
|---|---|---|
1. | Application for a licence | £305 |
2. | Application for an extension or variation of a licence with changes requiring scientific or technical assessment | £100 |
3. | Application for an extension of a licence with no changes or for an extension or variation of a licence with changes not requiring scientific or technical assessment | £12 |
4. | Inspection and associated activities (including travelling and office time) in connection with item 1, 2 or 3 or for monitoring compliance with licence terms and conditions—
| £37 |
| £9.25 |
SCHEDULE 3Fees for F51physical check
Item | Description of relevant material in consignment subject to a F52physical check | Unit | Fee |
|---|---|---|---|
1. | Isolated bark, wood shavings, wood chips or sawdust | Per consignment —up to 25000kg | £31.20 |
—for each additional 1000kg or part thereof | £0.49 | ||
Up to a maximum fee of £98 per consignment | |||
2. | Wood (other than wood in the form of isolated bark, wood shavings, wood chips or sawdust) | Per consignment —up to 100m³ | £31.20 |
—for each additional m³ or part thereof | £0.25 |
SCHEDULE 4Fees for documentary checks and identity checks
Item | Type of check | Unit | Fee |
|---|---|---|---|
1. | Documentary check | Per consignment | £7.20 |
2. | Identity check | Per consignment —for each load of up to 30m³ forming part of the consignment contained in one truck, railway wagon or comparable container | £7.20 |
—for each bulk load of less than 100m³ | £7.20 | ||
—for each bulk load of 100m³ or more | £14.40 |
F53SCHEDULE 4AFees in connection with an application for a phytosanitary certificate for export or phytosanitary certificate for re-export: England
(1)Service | (2)Fee |
|---|---|
The consideration of an application, including the issue, where appropriate, of a phytosanitary certificate for export or a phytosanitary certificate for re-export | £15.00 |
The examination or testing of wood, wood products, isolated bark or used forestry machinery and associated activities (including travelling and office time): | |
(a)up to and including the first hour; | £27.00 |
(b)thereafter, for each additional 15 minutes or part thereof | £7.50. |
SCHEDULE 4BFees in connection with an application for a WPM authorisation: England
(1)Type of application | (2)Fee |
|---|---|
Application for a WPM authorisation, other than a renewal of an existing WPM authorisation | £400.00 |
Application for a renewal of an existing WPM authorisation | £120.00 |
Application for a re-assessment for the purposes a WPM authorisation | £120.00 |
SCHEDULE 5Fees for the carrying out or monitoring of remedial work
Remedial work | Fee |
|---|---|
The carrying out or monitoring by an inspector of remedial work and associated activities (including travelling and office time) in connection with a controlled consignment— | |
| £37 |
| £9.25 |
F54SCHEDULE 5AFees in connection with an application for a phytosanitary certificate or phytosanitary certificate for re-export
Service | Fee |
|---|---|
The consideration of an application, including the issue, where appropriate, of a phytosanitary certificate or a phytosanitary certificate for re-export | £15.00 |
The examination or testing of plants, plant products or other objects and associated activities (including travelling and office time): | |
(a)up to and including the first hour; | £27.00 |
(b)thereafter, for each additional 15 minutes or part thereof | £7.50. |
SCHEDULE 5BFees in connection with an application for a WPM authorisation
Type of application | Fee |
|---|---|
Application for a WPM authorisation, other than a renewal of an existing WPM authorisation | £400.00 |
Application for a renewal of an existing WPM authorisation | £120.00 |
Application for a re-assessment for the purposes a WPM authorisation | £120.00 |
These Regulations revoke and replace the Plant Health (Fees) (Forestry) Regulations 2006 (S.I. 2006/2697) in relation to England and Scotland.
They implement Article 13d of 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 Community (OJ No L 169, 10.7.2000, p1). Article 13d requires member States to collect fees for documentary, identity and plant health checks carried out on certain consignments of wood, wood products and isolated bark originating in countries outside the European Union (“controlled consignments”).
Regulation 3 requires the following fees to be paid to the Forestry Commissioners—
the fees specified in Schedule 1 for inspections in connection with an authority to issue plant passports under article 28 of the Plant Health (Forestry) Order 2005 (S.I. 2005/2517);
the fees specified in Schedule 2 in connection with licences to which article 38 or 39 of the principal Order applies;
the fees specified in Schedule 3 and regulation 3(5) for plant health checks on controlled consignments;
the fees specified in Schedule 4 for documentary checks and identity checks on controlled consignments;
the fees specified in Schedule 5 for the carrying out or monitoring of remedial work by an inspector under the Plant Health (Forestry) Order 2005 in connection with controlled consignments.
Schedule 3A to the Plant Health (Fees) (Forestry) Regulations 2006 (S.I. 2006/2697) set out reduced rate fees in relation to plant health checks on consignments of Acer saccharum from Canada. Under the procedure provided for in Articles 13a(2) and 18(2) of Council Directive 2000/29/EC, these consignments are no longer subject to reduced levels of plant health checks and are therefore no longer eligible for reduced rate fees.
Otherwise the fees remain the same as in the Plant Health (Fees) (Forestry) Regulations 2006.
An impact assessment has not been produced for this instrument as no impact on business or the private or voluntary sectors is foreseen. The Explanatory Memorandum for this instrument is available from the Forestry Commission, Silvan House, 231 Corstorphine Road, Edinburgh, EH12 7AT and alongside the instrument at www.legislation.gov.uk.