2021 No. 713 (W. 181)

Exiting The European Union, Wales

Plant Health, Wales

Seeds, Wales

The Plant Health etc. (Fees) (Wales) (Amendment) Regulations 2021
Made
16 June 2021
Coming into force
17 June 2021
The Welsh Ministers make these Regulations in exercise of the powers conferred by paragraph 7 of Schedule 4 and paragraph 21(b) of Schedule 7 to the European Union (Withdrawal) Act 2018 .
A draft of this instrument has been laid before and approved by Senedd Cymru in accordance with paragraph 1(8) of Schedule 7 to that Act .

Title and commencement
1
The title of these Regulations is the Plant Health etc. (Fees) (Wales) (Amendment) Regulations 2021 and they come into force on the day after the day on which they are made.

Amendment of the Plant Health etc. (Fees) (Wales) Regulations 2018
2
1
The Plant Health etc. (Fees) (Wales) Regulations 2018 are amended as follows.
2
In regulation 3 (import inspection fees)—
a
for paragraph (2) substitute—
2
The fee payable by the importer of a third country consignment in respect of a documentary check of each phytosanitary certificate or phytosanitary certificate for re-export accompanying the consignment, is £5.25.
b
after paragraph (2) insert—
2A
The fees payable by the importer of a third country consignment in respect of liability to a physical check and identity check that may be carried out on the consignment (whether or not any such check is carried out) are—
a
(subject to paragraphs (2B) to (2E)) in the case of a consignment originating in an EU Member State, Liechtenstein or Switzerland, where the consignment includes plants, plant products or other objects of one or more descriptions specified in column 1 of the table in Schedule 1A, and originates in a country specified in the corresponding entry in column 2 of that table—
i
the fee or fees specified in column 3 of that table in respect of a physical check of plants or plant products of each such description contained in the consignment; and
ii
the fee or fees specified in column 4 of that table in respect of an identity check of plants or plant products of each such description contained in the consignment;
b
in the case of a consignment originating in any other country—
i
in the case of a Schedule 2 cut flower consignment which includes one lot of cut flowers—
aa
the fee specified in column 3 of the table in Schedule 2 in respect of a physical check of those cut flowers; and
bb
the fee specified in column 4 of that table in respect of an identity check of those cut flowers;
ii
in the case of a Schedule 2 cut flower consignment which includes two or more lots of cut flowers—
aa
a fee equal to the highest of the fees specified in column 3 of the table in Schedule 2 in respect of a physical check of any of those lots; and
bb
the fee specified in column 4 of that table in respect of an identity check which corresponds to the fee payable under sub-paragraph (aa);
iii
in the case of a Schedule 2 fruit or vegetable consignment which includes one lot of fruit or vegetables—
aa
the fee specified in column 3 of the table in Schedule 2 in respect of a physical check of those fruit or vegetables; and
bb
the fee specified in column 4 of that table in respect of an identity check of those fruit or vegetables;
iv
in the case of a Schedule 2 fruit or vegetable consignment which includes two or more lots of fruit or vegetables—
aa
a fee equal to the highest of the fees specified in column 3 of the table in Schedule 2 in respect of a physical check of any of those lots; and
bb
the fee specified in column 4 of that table in respect of an identity check which corresponds to the fee payable under sub-paragraph (aa);
v
in the case of a consignment which includes—
aa
plants or plant products of any other description specified in the table in column 1 of Schedule 2, or
bb
machinery or vehicles which have been operated for agricultural or forestry purposes,
insofar as (in either case) they originate in a country specified in column 2 of that table, the fee or fees specified in columns 3 and 4 of that table in respect of a physical check and identity check, respectively, of the plants or plant products of each such description contained in the consignment (other than any also specified in Schedule 1), and (so far as relevant) of machinery or vehicles;
vi
where the consignment includes plants, plant products or other objects of one or more descriptions specified in column 1 of the table in Schedule 1—
aa
the fee or fees specified in column 2 of that table in respect of a physical check of plants, plant products or other objects of each such description contained in the consignment;
bb
the fee or fees specified in column 3 of that table in respect of an identity check of plants, plant products or other objects of each such description contained in the consignment.
2B
The fees payable under paragraph (2A)(a) in respect of liability to a physical check and identity check of cut flowers or fruit or vegetables are, irrespective of the number of lots contained in the consignment—
a
in the case of a consignment including only cut flowers or only fruit or vegetables, those payable in respect of a single lot of the kind in question;
b
in the case of a consignment including both cut flowers and fruit or vegetables, those payable in respect of a single lot of each kind.
2C
The fees payable under paragraph (2A)(a) in respect of liability to a physical check and identity check of plants or plant products, so far as the plants or plant products are of a single relevant category and originate in the same country but fall within two or more descriptions specified in column 1 of the table in Schedule 1A, are the highest of the fees specified in respect of plants or plant products of any such description.
2D
For the purpose of paragraph (2C), “relevant category”, in relation to plants or plant products, means any of the following categories of plants or plant products—
a
bark;
b
bulbs;
c
corms;
d
plants intended for planting;
e
rhizomes;
f
seeds;
g
tissue cultures;
h
tubers (other than tubers of potatoes).
2E
No fee is payable under paragraph (2A)(a) in respect of any consignment imported before 1 March 2022, where it would be payable in respect of any plants or plant products specified in Schedule 2A that are contained in that consignment.
.
3
In regulation 5A (export certification services and pre-export services: fees)—
a
at the beginning of paragraph (1), insert “Subject to paragraph (4A),”;
b
after paragraph (4), insert—
4A
The fees specified in Schedule 4A are not payable in respect of a consignment to be transported to Northern Ireland—
a
by a person acting otherwise than in the course of a business, where the consignment is not to be placed on the market; or
b
for delivery to—
i
a professional operator whose principal place of business is in Northern Ireland; or
ii
any person resident in Northern Ireland, where the consignment is not to be placed on the market or used for the purposes of any business.
4B
Paragraph (4A) ceases to have effect at the end of 31 December 2022.
.
c
in paragraph (5), at the appropriate place, insert—
- “professional operator” means any person, governed by public or private law, involved professionally in, and legally responsible for, one or more of the following activities concerning plants, plant products and other objects—
  1. planting;
  2. breeding;
  3. production, including growing, multiplying and maintaining;
  4. introduction into, and movement within and out of Northern Ireland;
  5. making available on the market;
  6. storage, collection, dispatching and processing.
.
4
For Schedule 1 substitute—
SCHEDULE 1

Import inspection fees: Consignments originating in countries other than an EU Member State, Liechtenstein or Switzerland
Regulation 3(1) and (2A)(b)(vi)
Column 1 Description of Plant, plant product or other object | Column 2 Fee: Physical check (£) | Column 3 Fee: Identity check (£)
Cuttings, seedlings (except forestry reproductive material), young plants of strawberries or of vegetables | 173.91 | 5.25
Shrubs, trees (other than cut Christmas trees), other woody nursery plants including forest reproductive material (other than seed) | 182.38 | 5.25
Bulbs, corms, rhizomes, tubers, intended for planting (other than tubers of potatoes) | 205.04 | 5.25
Seeds, tissue cultures | 128.13 | 5.25
Other plants intended for planting, not specified elsewhere in this table | 182.38 | 5.25
Cut flowers | 42.75 | 5.25
Branches with foliage, parts of conifers (other than cut Christmas trees) | 33.99 | 5.25
Cut Christmas trees | 119.64 | 5.25
Leaves of plants, such as herbs, spices and leafy vegetables | 71.68 | 5.25
Fruits, vegetables (other than leafy vegetables) | 53.10 | 5.25
Tubers of potatoes | 156.69 | 5.25
Soil and growing medium, bark | 119.64 | 5.25
Grain | 142.98 | 5.25
Other plants or plant products, not specified elsewhere in this table, except forest trees | 22.73 | 5.25.
.
5
After Schedule 1, insert the following Schedule—
SCHEDULE 1A

Import inspection fees: consignments originating in an EU Member State, Liechtenstein or Switzerland
Regulation 3(2A)(a)
Column 1 Plant, plant product or other object and genus (if applicable) | Column 2 Country of origin | Column 3 Fee: Physical check (£) | Column 4 Fee: Identity check (£)
(1) “Intended for final users” includes clearly packed and ready for supply to final users, identifiable as being for use by landscapers or contractors for planting at the final site of the plants and where additional packing or preparation (excluding multiplication, propagation or growing on) is required before making plants available to final users.
(2) “All” means any EU Member State, Liechtenstein or Switzerland.
Cuttings, seedlings (except forestry reproductive material), young plants of strawberries or of vegetables, not intended for final users
All genera | All | 173.91 | 5.25
Bulbs, corms, rhizomes, tubers, (other than tubers of potatoes), not intended for final users
All genera | All | 205.04 | 5.25
Bulbs, corms, rhizomes, tubers, (other than tubers of potatoes), intended for final users
All genera | All | 20.50 | 0.52
Seeds, not intended for final users
Allium cepa L. | All | 128.13 | 5.25
Allium porrum L. | All | 128.13 | 5.25
Castanea Mill. | All | 128.13 | 5.25
Capsicum spp. L. | All | 128.13 | 5.25
Helianthus annuus L. | All | 128.13 | 5.25
Medicago sativa L. | All | 128.13 | 5.25
Phaseolus cocineus | All | 128.13 | 5.25
Phaseolus vulgaris L. | All | 128.13 | 5.25
Solanum lycopersicum L. | All | 128.13 | 5.25
Solanum tuberosum L. (True potato seed) | All | 128.13 | 5.25
Vegetable seeds of Pisum sativum L. and Vicia faba L. | All | 128.13 | 5.25
Seeds of oil and fibre plants of—
Brassica napus L. | All | 128.13 | 5.25
Brassica rapa L. | All | 128.13 | 5.25
Sinapis alba L. | All | 128.13 | 5.25
Glycine max (L.) Merrill | All | 128.13 | 5.25
Linum usitatissimum L. | All | 128.13 | 5.25
Seeds, intended for final users
Allium cepa L. | All | 6.40 | 0.26
Allium porrum L. | All | 6.40 | 0.26
Castanea Mill. | All | 6.40 | 0.26
Capsicum spp. L. | All | 6.40 | 0.26
Helianthus annuus L. | All | 6.40 | 0.26
Medicago sativa L. | All | 6.40 | 0.26
Phaseolus cocineus | All | 6.40 | 0.26
Phaseolus vulgaris L. | All | 6.40 | 0.26
Solanum lycopersicum L. | All | 6.40 | 0.26
Solanum tuberosum L. (True potato seed) | All | 6.40 | 0.26
Vegetable seeds of Pisum sativum L. and Vicia faba L. | All | 6.40 | 0.26
Seeds of oil and fibre plants of—
Brassica napus L. | All | 6.40 | 0.26
Brassica rapa L. | All | 6.40 | 0.26
Sinapis alba L. | All | 6.40 | 0.26
Glycine max (L.) Merrill | All | 6.40 | 0.26
Linum usitatissimum L. | All | 6.40 | 0.26
Other seeds not specified elsewhere in this table
All genera | All | 3.84 | 0.15
Tissue cultures, not intended for final users
All genera | All | 128.13 | 5.25
Tissue cultures, intended for final users
All genera | All | 6.40 | 0.26
Plants intended for planting (other than cut Christmas trees), not intended for final users
All genera | All | 182.38 | 5.25
Other plants intended for planting not specified elsewhere in this table, intended for final users
All genera | All | 18.23 | 0.52
Cut flowers
All genera | All | 1.28 | 0.15
Branches with foliage, parts of Conifers other than bark or cut Christmas trees
All genera | All | 1.02 | 0.15
Cut Christmas trees
All genera | All | 3.58 | 0.15
Leaves of plants, such as herbs, spices and leafy vegetables
All genera | All | 2.15 | 0.15
Fruit or vegetables
All genera | All | 1.59 | 0.15
Tubers of potatoes
Solanum tuberosum L. intended for planting (seed potatoes) | All | 156.69 | 5.25
Solanum tuberosum L. (ware potatoes) | Poland, Portugal or Romania | 78.34 | 2.62
Solanum tuberosum L. (ware potatoes) | Spain | 156.69 | 5.25
Solanum tuberosum L. (ware potatoes) | Any other EU Member State, Liechtenstein or Switzerland | 4.70 | 0.15
Soil and growing medium, bark
Bark of—
Castanea Mill. | All | 5.98 | 0.26
Conifers (Pinales) | All | 5.98 | 0.26
Juglans L. | All | 5.98 | 0.26
Pterocarya Kunth. | All | 5.98 | 0.26
Soil and growing medium, bark
Bark of all genera not specified elsewhere in this table | All | 3.58 | 0.15
Grain
All genera | All | 4.28 | 0.15
Other plants or plant products not specified elsewhere in this table, other than forest trees, soil and growing medium
All genera | All | 0.68 | 0.15
Machinery or vehicles which have been operated for agricultural or forestry purposes
— | All | 5.98 | 0.26
.
6
For Schedule 2 substitute—
SCHEDULE 2

Import inspection fees: Reduced rates for consignments originating in countries other than an EU Member State, Liechtenstein or Switzerland
Regulation 3(2A)(b)(i) to (v) and (3)
Column 1 Plant, plant product or other object and genus (if applicable) | Column 2 Country of origin | Column 3 Fee: Physical check (£) | Column 4 Fee: Identity check (£)
(1) “Third country in Europe” includes Albania, Andorra, Armenia, Azerbaijan, Belarus, Bosnia and Herzegovina, Canary Islands, the Faeroe Islands, Georgia, Iceland, Moldova, Monaco, Montenegro, North Macedonia, Norway, Russia (only the following parts: Central Federal District (Tsentralny federalny okrug), Northwestern Federal District (Severo-Zapadny federalny okrug), Southern Federal District (Yuzhny federalny okrug), North Caucasian Federal District (Severo-Kavkazsky federalny okrug) and Volga Federal District (Privolzhsky federalny okrug), San Marino, Serbia, Turkey and Ukraine).
Cut flowers
Aster | Zimbabwe | 32.06 | 3.93
Dianthus | Columbia | 1.28 | 0.15
| Ecuador | 6.41 | 0.78
| Kenya | 2.14 | 0.26
| Turkey | 6.41 | 0.78
Rosa | Columbia | 1.28 | 0.15
| Ecuador | 0.43 | 0.05
| Ethiopia | 2.14 | 0.26
| Kenya | 4.28 | 0.52
| Tanzania | 21.38 | 2.62
| Zambia | 4.28 | 0.52
Branches with foliage, parts of Conifers (other than cut Christmas trees)
Phoenix | Costa Rica | 17.00 | 2.62
Fruit
Carica papaya | Any third country other than an EU Member State, Liechtenstein or Switzerland | 2.66 | 0.26
Cydonia | Any third country in Europe other than an EU Member State, Liechtenstein or Switzerland | 2.66 | 0.26
Fragaria | Any third country other than an EU Member State, Liechtenstein or Switzerland | 2.66 | 0.26
Malus | Any third country in Europe other than an EU Member State, Liechtenstein or Switzerland | 2.66 | 0.26
| Argentina | 18.59 | 1.83
| Brazil | 26.55 | 2.62
| Chile | 2.66 | 0.26
| New Zealand | 5.31 | 0.52
| South Africa | 2.66 | 0.26
Persea Americana | Any third country other than an EU Member State, Liechtenstein or Switzerland | 2.66 | 0.26
Prunus | Any third country in Europe other than an EU Member State, Liechtenstein or Switzerland | 2.66 | 0.26
| Argentina | 39.83 | 3.93
| Chile | 5.31 | 0.53
| Morocco | 26.55 | 2.62
| Turkey | 18.59 | 1.83
Prunus other than prunus persica | South Africa | 5.31 | 0.26
Pyrus | Any third country in Europe other than an EU Member State, Liechtenstein or Switzerland | 2.66 | 0.26
| Argentina | 7.97 | 0.78
| Chile | 7.97 | 0.78
| China | 26.55 | 2.62
| South Africa | 5.31 | 0.53
Ribes | Any third country in Europe other than an EU Member State, Liechtenstein or Switzerland | 2.66 | 0.26
Rubus | Any third country other than an EU Member State, Liechtenstein or Switzerland | 2.66 | 0.26
Vaccinium | Any third country in Europe other than an EU Member State, Liechtenstein or Switzerland | 2.66 | 0.26
| Argentina | 13.28 | 1.31
| Chile | 5.31 | 0.53
| Peru | 5.31 | 0.53
Vitis | Any third country other than an EU Member State, Liechtenstein or Switzerland | 2.66 | 0.26
Vegetables
Solanum lycopersicon | Canary Islands | 2.66 | 0.26
| Morocco | 2.66 | 0.26
Solanum melongena | Turkey | 7.97 | 1.31
Machinery or vehicles which have been operated for agricultural or forestry purposes
— | Any third country | 5.98 | 0.26
.
7
After Schedule 2, insert the following Schedule —
SCHEDULE 2A

List of plants or plant products originating in an EU Member State, Liechtenstein or Switzerland subject to fees for physical checks and identity checks from 1 March 2022
Regulation 3(2E)
1
Seeds referred to in Schedule 1A as falling within the description “Other seeds not specified elsewhere in this table”.
2
Cut flowers.
3
Branches with foliage, parts of Conifers other than bark or cut Christmas trees.
4
Cut Christmas trees.
5
Leaves of plants, such as herbs, spices and leafy vegetables.
6
Fruit.
7
Vegetables.
8
Tubers of potatoes originating in any EU Member State (other than Portugal, Poland, Romania and Spain), Liechtenstein or Switzerland.
9
Bark of all genera other than Castanea Mill, conifers (Pinales), Juglans L and Pterocarya Kunth.
10
Grain.
11
Plants or plant products referred to in Schedule 1A as falling within the description “Other plants or plant products not specified elsewhere in this table, other than forest trees, soil and growing medium”.
.
Julie James
Minister for Climate Change, one of the Welsh Ministers
16 June 2021

EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations are made in exercise of the powers conferred by paragraph 7 of Schedule 4 and paragraph 21(b) of Schedule 7 to the European Union (Withdrawal) Act 2018 (c. 16) and amend the Plant Health etc. (Fees) (Wales) Regulations 2018 (S.I. 2018/1179) (W. 238) (“the 2018 Regulations”).
They make modifications, in consequence of the withdrawal of the United Kingdom from the European Union, to certain fees payable to the Welsh Ministers in relation to inspections of imports of plants, plant products or other objects.
In particular—
a
the fee payable by an importer in respect of each phytosanitary certificate or phytosanitary certificate for re-export accompanying a consignment is divided into separate fees payable in respect of a documentary check and an identity check (regulation 2(2)(a) and (b));
b
a new Schedule 1A is inserted into the 2018 Regulations to provide for fees payable by an importer in respect of a physical check and identity check of plants, plant products or other objects originating in an EU member State, Switzerland or Liechtenstein, including those which are subject to reduced checks, reflecting the level of inspection, based on the risk associated with those plants, plant products or other objects (regulation 2(2)(b) and (5)); and
c
Schedule 2 is substituted in the 2018 Regulations to provide for reduced fees in respect of an identity check of plants, plant products or other objects originating in a third country other than an EU member State, Switzerland or Liechtenstein, reflecting the existing level of inspection (regulation 2(2)(b) and (6)).
The fees payable by virtue of new regulation 3(2A)(a) of the 2018 Regulations are not payable in respect of consignments imported before 1 March 2022, in respect of certain plants or plant products.
The fees applicable in respect of physical checks and identity checks of consignments of certain plants, plant products or other objects from EU member States, Liechtenstein or Switzerland reflect the frequency rates of those checks as set out in the Official Controls, Plant Health, Seeds and Seed Potatoes (Amendment etc.) Regulations 2021 (S.I. 2021/426).
These Regulations also provide an exemption from the payment of fees otherwise payable in respect of certification and pre-export services on phytosanitary consignments in certain circumstances. The exemption ceases to have effect at the end of 31 December 2022 (regulation 2(3)).
The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.
2018 c. 16; see paragraph 8 of Schedule 4 for the meaning of “appropriate authority”. Paragraph 21 of Schedule 7 was amended by section 41(4) and paragraphs 38 and 53(2) of Schedule 5 to the European Union (Withdrawal Agreement) Act 2020 (c. 1).
The reference in the European Union (Withdrawal) Act 2018 to the National Assembly for Wales now has effect as a reference to Senedd Cymru by virtue of section 150A(2) of the Government of Wales Act 2006 (c. 32).
S.I. 2018/1179 (W. 238); relevant amending instruments are S.I. 2019/1378 (W. 244), S.I. 2020/44 (W. 5), S.I. 2020/69 (W. 10) and S.I. 2020/1628 (W. 342).