The Plant Health (Import Inspection Fees) (Wales) (No. 2) Regulations 2006

Welsh Statutory Instruments

2006 No. 2832 (W.253)

PLANT HEALTH, WALES

The Plant Health (Import Inspection Fees) (Wales) (No. 2) Regulations 2006

Made

24 October 2006

Coming into force

31 October 2006

The National Assembly for Wales, in exercise of the powers conferred on it by section 56(1) of the Finance Act 1973 M1 and section 29(4) of the Government of Wales Act 1998 M2 , with the consent of the Treasury, hereby makes the following Regulations:

Marginal Citations

M1 1973 c. 51.

M2 1998 c. 38.

Title, commencement and application E+W

1.—(1) The title of these Regulations is the Plant Health (Import Inspection Fees) (Wales) (No. 2) Regulations 2006.

(2) These Regulations come into force on 31 October 2006.

(3) These Regulations apply in relation to Wales.

Interpretation E+W

2.  In these Regulations—

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

“daytime working hours” (“oriau gwaith yn ystod y dydd”) means any time between the hours of 8.30 a.m. to 5.00 p.m. on any day except a Saturday, Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 M3 in Wales;

“the Directive” (“y Gyfarwyddeb”) means Council Directive 2000/29/EC M4 of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community as last amended by Commission Directive 2006/35/EC M5 ;

“documentary check” (“gwiriad dogfennol”) has the same meaning as in Article 13a(1)(b)(i) of the Directive;

“identity check” (“gwiriad adnabod”) has the same meaning as in Article 13a(1)(b)(ii) of the Directive;

“plant” (“planhigyn”) has the same meaning as in Article 2(1)(a) of the Directive;

“plant health check” (“gwiriad iechyd planhigion”) has the same meaning as in Article 13a(1)(b)(iii) of the Directive;

“plant intended for planting” (“planhigyn a fwriedir ar gyfer ei blannu”) has the same meaning as in Article 2(1)(d) of the Directive;

“plant product” (“cynnyrch planhigyn”) has the same meaning as in Article 2(1)(b) of the Directive; and

“third country” (“trydedd wlad”) means a country or territory other than one within the European Community.

Marginal Citations

M3 1971 c. 80.

M4 OJ No. L 169, 10.7.2000, p. 1.

M5 OJ No. L 88, 25.3.2006, p. 9.

Consignments to which these Regulations apply E+W

3.  These Regulations apply in relation to consignments of plants, plant products and other objects of a description specified in the first column of Schedule 1 that are landed in Wales from a third country and are:

(a) listed in Annex V, Part B of the Directive; or

(b) seeds of Solonaceae whether or not listed in Annex V, Part B of the Directive.

Fees E+W

4.—(1) An importer must pay to the National Assembly upon import of a consignment to which these Regulations apply—

(a) subject to paragraph (2), the fee specified—

(i) in the third column of Schedule 1 in respect of any consignment other than a consignment of a plant or plant product to which sub-paragraph (a)(ii) applies; or

(ii) F1 ...in the fourth column of Schedule 2 in respect of a consignment of any plant or plant product listed in the first column of that Schedule and originating from a country listed in the third column of that Schedule; and

(b) the fee specified for a documentary check and an identity check in the third column of Schedule 3.

(2) Where, at the request of an importer, or any other person responsible for the consignment, a plant health check is carried out on a consignment outside daytime working hours, the fee payable under paragraph (1)(a) in respect of that consignment is—

(a) the fee specified in the fourth column of Schedule 1 if the consignment is a consignment to which paragraph (1)(a)(i) applies; or

(b) the fee specified in the fifth column of Schedule 2 if the consignment is a consignment to which paragraph (1)(a)(ii) applies.

Textual Amendments

F1 Words in reg. 4(1)(a)(ii) omitted (23.3.2009) by virtue of The Plant Health (Import Inspection Fees) (Wales) (Amendment) Regulations 2009 (S.I. 2009/398), regs. 1, 2(2)

Revocation E+W

5.  The Plant Health (Import Inspection Fees) (Wales) Regulations 2006 M6 are revoked.

Marginal Citations

M6 S.I. 2006/171.

M7 Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998

D. Elis-Thomas

The Presiding Officer of the National Assembly

Marginal Citations

M7 1998 c. 38.

Regulations 3 and 4

SCHEDULE 1 E+W IMPORT INSPECTION FEES

Plant, plant product or other object	Quantity	Fee	Fee (non- daytime working hours)
Cuttings, seedlings (except forestry reproductive material), young plants of strawberries or of vegetables	Per consignment
	— up to 10,000 in number	£13.24	£19.86
	— for each additional 1,000 units	£0.52	£0.78
	— maximum price	£105.92	£158.88
Shrubs, trees (other than cut Christmas trees), other woody nursery plants including forest reproductive material (other than seed)	Per consignment
	— up to 1,000 in number	£13.24	£19.86
	— for each additional 100 units	£0.33	£0.49
	— maximum price	£105.92	£158.88
Bulbs, corms, rhizomes, tubers, intended for planting (other than tubers of potatoes)	Per consignment
	— up to 200 kg in weight	£13.24	£19.86
	— for each additional 10 kg	£0.12	£0.18
	— maximum price	£105.92	£158.88
Seeds, tissue cultures	Per consignment
	— up to 100 kg in weight	£5.67	£8.50
	— for each additional 10 kg	£0.13	£0.19
	— maximum price	£105.92	£158.88
Other plants intended for planting, not specified elsewhere in this Schedule	Per consignment
	— up to 5,000 in number	£13.24	£19.86
	— for each additional 100 units	£0.13	£0.19
	— maximum price	£105.92	£158.88
Cut flowers	Per consignment
	— up to 20,000 in number	£13.24	£19.86
	— for each additional 1,000 units	£0.10	£0.15
	— maximum price	£105.92	£158.88
Branches with foliage, parts of conifers (other than cut Christmas trees)	Per consignment
	— up to 100 kg in weight	£13.24	£19.86
	— for each additional 100 kg	£1.32	£1.98
	— maximum price	£105.92	£158.88
Cut Christmas trees	Per consignment
	— up to 1,000 in number	£13.24	£19.86
	— for each additional 100 units	£1.32	£1.98
	— maximum price	£105.92	£158.88
Leaves of plants, such as herbs, spices and leafy vegetables	Per consignment
	— up to 100 kg in weight	£13.24	£19.86
	— for each additional 10 kg	£1.32	£1.98
	— maximum price	£105.92	£158.88
Fruits, vegetables (other than leafy vegetables)	Per consignment
	— up to 25,000 kg in weight	£13.24	£19.86
	— for each additional 1,000 kg	£0.52	£0.78
Tubers of potatoes	Per lot
	— up to 25,000 kg in weight	£39.72	£59.58
	— for each additional 25,000 kg	£39.72	£59.58
Soil and growing medium, bark	Per consignment
	— up to 25,000 kg in weight	£13.24	£19.86
	— for each additional 1,000 kg	£0.52	£0.78
	— maximum price	£105.92	£158.88
Grain	Per consignment
	— up to 25,000 kg in weight	£13.24	£19.86
	— for each additional 1,000 kg	£0.52	£0.78
	— maximum price	£529.60	£794.40
Other plants or plant products not specified elsewhere in this Schedule, except forest trees	Per consignment	£13.24	£19.86

Regulation 4

[F2 SCHEDULE 2 E+W IMPORT INSPECTION FEES (REDUCED RATES)

Textual Amendments

F2 Sch. 2 substituted (23.3.2009) by The Plant Health (Import Inspection Fees) (Wales) (Amendment) Regulations 2009 (S.I. 2009/398), regs. 1, 2(3)

Genus	Quantity	Country of origin	Fee	Fee (non-daytime working hours)
Cut flowers
Dianthus	Per consignment
	— up to 20,000 in number	Colombia	£0.40	£0.60
		Kenya	£1.32	£1.98
		Ecuador	£1.98	£2.97
		Turkey	£3.31	£4.96
		Israel	£4.63	£6.95
	— for each additional 1,000 units or part thereof	Colombia	£0.003	£0.004
		Kenya	£0.01	£0.015
		Ecuador	£0.01	£0.02
		Turkey	£0.02	£0.03
		Israel	£0.03	£0.05
	—	Colombia	£3.17	£4.75
	maximum price	Kenya	£10.59	£15.89
		Ecuador	£15.88	£23.83
		Turkey	£26.48	£39.72
		Israel	£37.07	£55.60
Rosa	Per consignment
	— up to 20,000 in number	Ecuador	£0.40	£0.60
		Colombia	£0.66	£0.99
		Ethiopia, Kenya	£1.32	£1.98
		Tanzania	£1.98	£2.97
		Zambia	£3.31	£4.96
		India, Uganda	£6.62	£9.93
	— for each additional 1,000 units or part thereof	Ecuador	£0.003	£0.004
		Colombia	£0.005	£0.007
		Ethiopia, Kenya	£0.01	£0.015
		Tanzania	£0.01	£0.02
		Zambia	£0.02	£0.03
		India, Uganda	£0.05	£0.07
	—	Ecuador	£3.17	£4.75
	maximum price	Colombia	£5.29	£7.94
		Ethiopia, Kenya	£10.59	£15.89
		Tanzania	£15.88	£23.83
		Zambia	£26.48	£39.72
		India, Uganda	£52.96	£79.44
Fruit
Malus	Per consignment
		Chile	£0.93	£1.39
	— up to 25,000 kg in weight	Argentina, New Zealand, South Africa	£1.32	£1.98
		Brazil	£1.98	£2.97
		China, USA	£3.31	£4.96
	— for each additional 1,000 kg or part thereof	Chile	£0.03	£0.05
		Argentina, New Zealand, South Africa	£0.05	£0.07
		Brazil	£0.07	£0.11
		China, USA	£0.13	£0.19
Mangifera	Per consignment
	— up to 25,000 kg in weight	Brazil	£0.66	£0.99
	— for each additional 1,000 kg or part thereof	Brazil	£0.02	£0.03
Prunus	Per consignment
	— up to 25,000 kg in weight	Chile, South Africa, Turkey	£1.32	£1.98
		Argentina	£3.31	£4.96
		USA	£6.62	£9.93
	— for each additional 1,000 kg or part thereof	Chile,	£0.05	£0.07
		South Africa, Turkey
		Argentina	£0.13	£0.19
		USA	£0.26	£0.39
Pyrus	Per consignment
	— up to 25,000 kg in weight	South Africa	£1.98	£2.97
		Argentina	£3.31	£4.96
		Chile	£4.63	£6.95
		China	£6.62	£9.93
	— for each additional 1,000 kg or part thereof	South Africa	£0.07	£0.11
		Argentina	£0.13	£0.19
		Chile	£0.18	£0.27
		China	£0.26	£0.39
Citrus	Per consignment
	— up to 25,000 kg in weight	Turkey	£0.39	£0.58
		Morocco	£0.66	£0.99
		Uruguay, USA	£1.98	£2.97
		Egypt,	£3.31	£4.96
		Israel, Mexico, Peru
		Honduras	£9.93	£14.89
	— for each additional 1,000 kg or part thereof	Turkey	£0.01	£0.02
		Morocco	£0.02	£0.03
		Uruguay, USA	£0.07	£0.11
		Egypt, Israel, Mexico, Peru	£0.13	£0.19
		Honduras	£0.39	£0.58
Passiflora	Per consignment
	— up to 25,000 kg in weight	Colombia,	£1.32	£1.98
		Kenya
		Zimbabwe	£4.63	£6.95
		South Africa	£6.62	£9.93
	— for each additional 1,000 kg or part thereof	Colombia,	£0.05	£0.07
		Kenya
		Zimbabwe	£0.18	£0.27
		South Africa	£0.26	£0.39
Vegetables
Solanum melongena	Per consignment
	— up to 25,000 kg in weight	Turkey	£1.98	£2.97
	— for each additional 1,000 kg or part thereof	Turkey	£0.07	£0.11

Where the total amount of any fee comprises an amount of less than £0.01, that amount is to be excluded.]

Regulation 4(1)

SCHEDULE 3 E+W IMPORT INSPECTION FEES FOR DOCUMENTARY CHECKS AND IDENTITY CHECKS

Check	Quantity	Fee
Documentary check	Per consignment	£5.29
Identity check	Per consignment
	— up to a size of a truck load, a railway wagon load or the load of a container of comparable size	£5.29
	— bigger than the above size	£10.58

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke and replace the Plant Health (Import Inspection Fees) (Wales) Regulations 2006 (S.I. 2006/171), which implemented Article 13d of Council Directive 2000/29/EC (OJ No. L 169, 10.7.00, p. 1) (“the Directive”). The Directive requires member States to charge 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. These Regulations also implement reduced rates agreed for certain plants and plant products under the procedure provided for in Articles 13d(2) and 18(2) of the Directive.

The Regulations require an importer to pay, upon import of a consignment to which they apply, the fee specified in Schedule 1 or the reduced rate fee in Schedule 2, as appropriate (regulation 4(1)(a)). The fee is payable whether or not an inspection is carried out on the particular consignment (except in the case of the fees payable for an inspection carried out at the request of an importer outside daytime working hours (regulation 4(2)).

An importer is also required to pay the fee specified in Schedule 3 for documentary checks and identity checks (regulation 4(1)(b)).

A Regulatory Appraisal has been prepared for these Regulations. Copies are available from the Department for Environment, Planning and Countryside, Welsh Assembly Government, Cathays Park, Cardiff CF10 3NQ.