# The Plant Health (Import Inspection Fees) (Scotland) Regulations 2014

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Scottish Statutory Instruments

# 2014 No. 338

Plant Health

# The Plant Health (Import Inspection Fees) (Scotland) Regulations 2014

Made

26th November 2014

Laid before the Scottish Parliament

1st December 2014

Coming into force

15th January 2015

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 section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 F2 and all other powers enabling them to do so.                        

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972, and it appears                           to the Scottish Ministers that it is expedient for references to Annex V, Part B of Council Directive 2000/29/ECF3, to be a reference to those provisions of that instrument as amended from time to time.                        

F11973 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.

F21972 c.68 (“the 1972 Act”). Section 2(2) was amended by the Scotland Act 1998 (c.46), **Schedule 8**, paragraph 15(3) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by the European Union Amendment Act 2008 (c.7), **Sch**edule, Part 1. The functions conferred upon the Minister of the Crown under section 2(2) of the 1972 Act, in so far as within                              devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998. The powers                              in section 2(2) are exercised in relation to regulation 6 of these Regulations. Paragraph 1A of Schedule 2 was inserted by                              section 28 of the 2006 Act and was amended by the 2008 Act, section 3(3) and Schedule, Part 1.

F3OJ L 169, 10.7.2000, p.1, as last amended by Regulation (EU) No 652/2014 (OJ L 189, 27.6.2014, p.1).

## Citation, commencement and extentS

1.—(1) These Regulations may be cited as the Plant Health (Import Inspection Fees) (Scotland) Regulations 2014 and come into force                     on 15th January 2015.                  

(2) These Regulations extend to Scotland only.

## InterpretationS

2.—(1) In these Regulations—                  

F4...                  

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

“the Directive” means 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 F5;                  

[F6“documentary check” has the same meaning as in Article 13a(1)(b)(i) of theDirective,]                   

[F7“the EU 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;]                   

[F6“Europe” includes Albania, Andorra, Armenia, Azerbaijan, Belarus, Bosnia and Herzegovina, Canary Islands, Faeroe Islands, Georgia,                        Iceland, Liechtenstein, 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,]                   

[F6“European Union” means the territories of the Member States including the Isle of Man and the Channel Islands but excluding Canary Islands,                        Ceuta, Melilla, Guadeloupe, French Guiana, Martinique, Réunion, Saint-Barthélemy andSaint-Martin]                   

[F6“identity check” has the same meaning as in Article 13a(1)(b)(ii) of the Directive,]                   

F8...                  

“landed in Scotland” means introduced into Scotland by any means, including by post;                  

“normal working hours” means any time between the hours of 6 a.m. to 5 p.m. on any day except—                  

a Saturday;

a Sunday;

Easter Monday;

26th December, if it is not a Saturday or Sunday;

27th December, in a year in which 25th or 26th December is a Sunday; or

a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971 F9;                           

[F10“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;]                   

“plants” has the same meaning as in [F11Article 2 (definitions), point (1) of the EU Plant Health Regulation];                  

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

“plant products” has the same meaning as in [F12Article 2 (definitions), point (2), first sub-paragraph of the EU Plant Health Regulation]; and                  

[F13“third country” means any country or territory other than—                  

one within the European Union,                           

Switzerland.]                            

(2) A reference in these Regulations to anything done in writing or produced in written form includes a reference to an electronic                     communication, as defined in section 15(1) of the Electronic Communications Act 2000 F14, which has been recorded and is consequently capable of being reproduced.                  

F4Words in reg. 2(1) omitted (22.2.2020) by virtue of The Plant Health (Import Inspection Fees) (Scotland) Amendment (No. 2) Regulations 2019 (S.S.I. 2019/425), regs. 1(1), **2(2)(a)**

F5OJ L 169, 10.7.2000, p.1, as last amended by Regulation (EU) No 652/2014 (OJ L 189, 27.6.2014, p.1).

F6Words in reg. 2(1) inserted (22.2.2020) by The Plant Health (Import Inspection Fees) (Scotland) Amendment (No. 2) Regulations 2019 (S.S.I. 2019/425), regs. 1(1), **2(2)(b)**

F7Words in reg. 2(1) inserted (14.12.2019) by The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), **sch. 5 para. 8(2)(a)**

F8Words in reg. 2(1) omitted (14.12.2019) by virtue of The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), **sch. 5 para. 8(2)(b)**

F91971 c.80.

F10Words in reg. 2(1) inserted (14.12.2019) by The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), **sch. 5 para. 8(2)(c)**

F11Words in reg. 2(1) substituted (14.12.2019) by The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), **sch. 5 para. 8(2)(d)**

F12Words in reg. 2(1) substituted (14.12.2019) by The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), **sch. 5 para. 8(2)(e)**

F13Words in reg. 2(1) substituted (22.2.2020) by The Plant Health (Import Inspection Fees) (Scotland) Amendment (No. 2) Regulations 2019 (S.S.I. 2019/425), regs. 1(1), **2(2)(c)**

F142000 c.7. Section 15(1) was amended by the Communications Act 2003 (c.21) section 406 and Schedule 17, paragraph 158.

## Application of the import inspection feeS

3.—[F15(1)An importer of a consignment to which this regulation applies must pay to the Scottish Ministers the fees specified in regulation                        4.]                  

(2) This regulation applies to a consignment, or to such part of a consignment, which—

(a)consists of—                  

(i)plants, plant products and other objects of a description specified in the second column of Schedule 1 and that are listed                        [F16in Part A of Annex 11 or in 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, and repealing Commission Regulation (EC) No 690/2008 and amending Commission Implementing Regulation (EU) 2018/2019, as amended from time to time;] or                  

(ii)seeds of Solanaceae F17; and                  

[F18(b)is subject to—                  

(i)official controls at a border control post in Scotland pursuant to Article 47(1) of the Official Controls Regulation; or                  

(ii)any agreement made under the provisions of any delegated act that establishes the cases where, and the conditions under which,                           identity checks and physical checks of transhipped consignments and of animals arriving by air or sea and staying on the same                           means of transport for onward travel may be performed at a border control post other than the one of first arrival into the                           Union, adopted by the Commission under Article 51(1) (specific rules for official controls at border inspection posts) of                           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.]                  

F15Reg. 3(1) substituted (22.2.2020) by The Plant Health (Import Inspection Fees) (Scotland) Amendment (No. 2) Regulations 2019 (S.S.I. 2019/425), regs. 1(1), **2(3)**

F16Words in reg. 3(2)(a)(i) substituted (14.12.2019) by The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), **sch. 5 para. 8(3)(a)**

F17Seeds of Solanaceae are not currently included in Annex V Part B of the Directive however they are included in Annex IV Part                              A (items 25.6 and 48), which means that plant health, documentary and identity checks (as described in Article 13a of the                              Directive) are required for the purposes of Article 13(1).

F18Reg. 3(2)(b) substituted (14.12.2019) by The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), **sch. 5 para. 8(3)(b)**

## FeesS

4.—(1) Except where paragraph (2) applies, the fee specified for [F19a plant health check] carried out—                  

(a)during normal working hours, is the fee specified in the fourth column of Schedule 1 and corresponding to the relevant plants,                        plant products or other objects as described in the second column of that Schedule; or                  

(b)outside normal working hours, is the fee specified in the fifth column of Schedule 1 and corresponding to the relevant plants,                        plant products or other objects as described in the second column of that Schedule.                  

(2) In the case of a consignment, or such part of a consignment, consisting of any [F20plants, plant products or other objects] listed in the second column of Schedule 2 and originating from a country listed in the fourth column of that Schedule, the                     fee specified for [F21a plant health check] carried out, or which, but for Article 13a(2) of the Directive (providing for checks to be carried out at reduced frequency                     F22), would have been required to be carried out—                  

(a)during normal working hours, is the fee specified in the fifth column of Schedule 2 and corresponding to the relevant [F20plants, plant products or other objects] as described in the second column of that Schedule; or                  

(b)outside normal working hours, is the fee specified in the sixth column of Schedule 2 and corresponding to the relevant [F20plants, plant products or other objects] as described in the second column of that Schedule.                  

[F23(3)The fee specified for a documentary check or an identity check carried out is the fee specified for that check in the third                        column of schedule 2A.]                  

F19Words in reg. 4(1) substituted (22.2.2020) by The Plant Health (Import Inspection Fees) (Scotland) Amendment (No. 2) Regulations 2019 (S.S.I. 2019/425), regs. 1(1), **2(4)(a)**

F20Words in reg. 4(2) substituted (22.2.2020) by The Plant Health (Import Inspection Fees) (Scotland) Amendment (No. 2) Regulations 2019 (S.S.I. 2019/425), regs. 1(1), **2(4)(b)(i)**

F21Words in reg. 4(2) substituted (22.2.2020) by The Plant Health (Import Inspection Fees) (Scotland) Amendment (No. 2) Regulations 2019 (S.S.I. 2019/425), regs. 1(1), **2(4)(b)(ii)**

F22Article 2(3) of Commission Regulation (EC) 1756/2004 (OJ L 313, 12.10.2004, p.6) requires the Commission to publish a list                              of the products for which plant health checks may be carried out at a reduced frequency. The latest list is available on the                              following Website:

http://ec.europa.eu/food/plant/plant_health_biosafety/trade_non_eu/reduced_frequency_checks_en.htm

F23Reg. 4(3) inserted (22.2.2020) by The Plant Health (Import Inspection Fees) (Scotland) Amendment (No. 2) Regulations 2019 (S.S.I. 2019/425), regs. 1(1), **2(4)(c)**

## Additional fees in respect of Potatoes Originating in Egypt and LebanonS

5.—(1) Where paragraph (2) F24... applies, an importer must pay to the Scottish Ministers the fee specified in the fourth column of Schedule 3, in addition                     to any fee payable in accordance with regulations 3 and 4.                  

(2) This paragraph applies where potatoes originating in Egypt are landed in Scotland and a sample of those potatoes is taken                     in order to ascertain whether, for the purposes of point 5 of the Annex to Commission Implementing Decision 2011/787/EU authorising Member States temporarily to take emergency measures against the dissemination of *Ralstonia solanacearum* (Smith) Yabuuchi et al. as regards Egypt F25, those potatoes are infected with *Ralstonia solanacearum* (Smith) Yabuuchi et al..                  

F26(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

F24Words in reg. 5(1) omitted (14.12.2019) by virtue of The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), **sch. 5 para. 8(4)(a)**

F25OJ L 319, 2.12.2011, p.112.

F26Reg. 5(3) omitted (14.12.2019) by virtue of The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), **sch. 5 para. 8(4)(b)**

## RevocationsS

6.—(1) Subject to paragraph (2), the following regulations are revoked:—                  

(a)regulation 6 of the Potatoes Originating in Egypt (Scotland) Regulations 2004 F27;                  

(b)the Plant Health (Import Inspection Fees) (Scotland) Regulations 2005 F28;                  

(c)the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2007 F29;                  

(d)the Plant Health (Import Inspection Fees) (Scotland) Amendment (No. 2) Regulations 2007 F30;                  

(e)the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2009 F31;                  

(f)the Plant Health (Import Inspection Fees) (Scotland) Amendment (No. 2) Regulations 2009 F32;                  

(g)the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2010 F33; and                  

(h)the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2011 F34.                  

(2) Despite paragraph (1), an importer must pay to the Scottish Ministers any fee which is payable under regulation 6 of the Potatoes                     Originating in Egypt (Scotland) Regulations 2004 or regulation 4 of the Plant Health (Import Inspection Fees) (Scotland) Regulations                     2005 in respect of a consignment, or part of a consignment, which was landed in Scotland prior to the coming into force of                     these Regulations.                  

F27S.S.I. 2004/111.

F28S.S.I. 2005/216.

F29S.S.I 2007/138 .

F30S.S.I. 2007/499.

F31S.S.I. 2009/8.

F32S.S.I. 2009/305.

F33S.S.I 2010/405.

F34S.S.I. 2011/311.

RICHARD LOCHHEAD

 A member of the Scottish Government

 St Andrew's House,

 Edinburgh

 Regulations 3 and 4(1)

## [F35SCHEDULE1SIMPORT INSPECTION FEES FOR APPLICABLE CHECKS

F35Sch. 1 substituted (22.2.2020) by The Plant Health (Import Inspection Fees) (Scotland) Amendment (No. 2) Regulations 2019 (S.S.I. 2019/425), regs. 1(1), **2(5)**

Regulations 3 and 4(2)

## [F36SCHEDULE2SREDUCED IMPORT INSPECTION FEES FOR PLANT HEALTH CHECKS

F36Sch. 2 substituted (22.2.2020) by The Plant Health (Import Inspection Fees) (Scotland) Amendment (No. 2) Regulations 2019 (S.S.I. 2019/425), regs. 1(1), **2(6)**

Regulations 3 and 4(3)

## [F37SCHEDULE2ASIMPORT INSPECTION FEES FOR DOCUMENTARY CHECKS AND IDENTITY CHECKS

F37Sch. 2A inserted (22.2.2020) by The Plant Health (Import Inspection Fees) (Scotland) Amendment (No. 2) Regulations 2019 (S.S.I. 2019/425), regs. 1(1), **2(7)**

Regulation 5

## [F38SCHEDULE 3SADDITIONAL FEES

F38Sch. 3 substituted (1.1.2016) by The Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2015 (S.S.I. 2015/392), regs. 1(1), **2(b)**

## Explanatory Note

(This note is not part of the Regulations)

These Regulations implement Article 13d of Council Directive 2000/29/EC (OJ L 169, 10.7.2000, p.1) which 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. These Regulations revoke and replace the Plant                        Health (Import Inspection Fees) (Scotland) Regulations 2005 (S.S.I. 2005/216) (“the 2005 Regulations”). These Regulations consolidate amendments made to the 2005 Regulations and also increase the level of the applicable fees.                        They also make provision for additional fees in respect of potatoes originating in Egypt or Lebanon.                     

Regulation 3 requires the payment of a fee for documentary, identity and plant health checks (“applicable checks”) performed                        on consignments, or parts of consignments, consisting of plants, plant products and other objects, which are landed in Scotland                        from a country outside the European Union, or which are in transit within the Union and in respect of which the Scottish Ministers                        have agreed with the official body of the point of entry of those goods to be responsible for certain matters (under article                        12(6) of the Plant Health (Scotland) Order 2005 (S.S.I. 2005/613). The fees are specified in regulation 4. Except where reduced                        import inspection fees apply (regulation 4(2)), an importer is required to pay the fee specified in Schedule 1 for applicable                        checks carried out on those consignments (regulation 3(1), 4(1) and Schedule 1). The fee in Schedule 1 is a single fee. In                        the 2005 Regulations, the fees for plant health checks, documentary checks and identity checks were prescribed separately.                        The fees prescribed in Schedule 1 to these Regulations are also higher than the fees prescribed in Schedule 1 to the 2005                        Regulations.                     

Table A provides a comparison of the fees:—

### TABLE A

Regulation 4(2) and Schedule 2 prescribe the reduced import inspection fees which apply (whether or not a plant health inspection                        is in fact carried out) in respect of applicable checks of certain cut flowers, fruits and vegetables originating in the countries                        specified in Schedule 2. The fee in Schedule 2 to these Regulations is a single fee. In the 2005 Regulations the documentary,                        identity and plant health checks were subject to separate fees. 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 the items which should be subject to reduced                        inspection and of the rate of such inspection. Schedule 2 takes account of the most recent Commission Notification on reduced                        inspection rates as published on the following Website: http://ec.europa.eu/food/plant/plant_health_biosafety/trade_non_eu/reduced_frequency_checks_en.htm.                     

Schedule 2 also increases the fees which are payable.

Table B provides a comparison of the fees:—

### TABLE B

The Regulations also make provision for two additional fees in respect of sampling of potatoes. Regulations 5(1) and (2) and                        Schedule 3 prescribe a fee for the taking of samples of potatoes originating in Egypt in order to test for the presence of                        *Ralstonia solanacearum* (Smith) Yabuuchi et al., in accordance with point 5 of the Annex to Commission Implementing Decision (EU) No 787/2011 (OJ                        L 319, 02.12.2011, p.112). This fee was formerly prescribed by regulation 6 of the Potatoes Originating in Egypt (Scotland)                        Regulations 2004 (S.S.I. 2004/111). Regulation 7(1)(a) and (2) of these Regulations revokes that provision with savings.                     

Regulation 5(1) and (3) and Schedule 3 also introduce a fee for the taking of samples of potatoes originating in Lebanon in                        order to test for the presence of *Clavibacter michiganensis* (Smith) Davis et al. ssp. *sepedonicus* (Spieckermann and Kotthoff) Davis et al. in accordance with Article 4 of Commission Implementing Decision (EU) No 413/2013                        (OJ L 205, 01.08.2013, p.13).                     

Regulation 6 revokes the 2005 Regulations, and subsequent amending regulations, with savings.

A business and regulatory impact assessment has been prepared, and placed in the Scottish Parliament Information Centre. A                        copy can be obtained from the Scottish Government Agriculture, Food and Rural Communities Directorate, Saughton House, Broomhouse                        Drive, Edinburgh, EH11 3XD.