# 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—                  

“applicable checks” means the documentary check, identity check and plant health check which may be performed on a consignment, as described                     in Article 13a(1)(b) of the Directive;                  

“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 F4;                  

“intended for planting” has, in relation to plants, the same meaning as in Article 2(1)(d) of the Directive;

“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 F5;                           

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

“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 Article 2(1)(b) of the Directive; and                  

“third country” means a country or territory other than one within the European Union.                  

(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 F6, which has been recorded and is consequently capable of being reproduced.                  

F4OJ L 169, 10.7.2000, p.1, as last amended by Regulation (EU) No 652/2014 (OJ L 189, 27.6.2014, p.1).

F51971 c.80.

F62000 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.—(1) In respect of applicable checks which are carried out on a consignment, or on such part of a consignment, to which this regulation                     applies, an importer must pay to the Scottish Ministers the fee 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                        in Annex V, Part B of the Directive, as amended from time to time; or                  

(ii)seeds of Solanaceae F7; and                  

(b)is landed in Scotland from a third country or is the subject of an agreement made under article 12(6) of the Plant Health                        (Scotland) Order 2005 F8.                  

F7Seeds 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).

F8S.S.I. 2005/613, as last amended by S.S.I. 2014/140.

## FeesS

4.—(1) Except where paragraph (2) applies, the fee specified for applicable checks 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 plants or plant products 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 applicable                     checks carried out, or which, but for Article 13a(2) of the Directive (providing for checks to be carried out at reduced frequency                     F9), 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 plants                        or plant products 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 plants                        or plant products as described in the second column of that Schedule.                  

F9Article 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

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

5.—(1) Where paragraph (2) or (3) 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 F10, those potatoes are infected with *Ralstonia solanacearum* (Smith) Yabuuchi et al..                  

(3) This paragraph applies where potatoes originating in Lebanon are landed in Scotland and a sample of those potatoes is taken                     in order to ascertain whether for the purposes of Article 4 of Commission Implementing Decision 2013/413/EU authorising Member                     States to provide for derogations from certain provisions of Council Directive 2000/29/EC in respect of potatoes, other than potatoes intended for planting, originating in the regions of Akkar and Bekaa of Lebanon                     F11, those potatoes are infected with *Clavibacter michiganensis* (Smith) Davis et al. ssp. *sepedonicus*(Spieckermann and Kotthoff) Davis et al..                  

F10OJ L 319, 2.12.2011, p.112.

F11OJ L 205, 1.08.2013, p.13.

## RevocationsS

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

(a)regulation 6 of the Potatoes Originating in Egypt (Scotland) Regulations 2004 F12;                  

(b)the Plant Health (Import Inspection Fees) (Scotland) Regulations 2005 F13;                  

(c)the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2007 F14;                  

(d)the Plant Health (Import Inspection Fees) (Scotland) Amendment (No. 2) Regulations 2007 F15;                  

(e)the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2009 F16;                  

(f)the Plant Health (Import Inspection Fees) (Scotland) Amendment (No. 2) Regulations 2009 F17;                  

(g)the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2010 F18; and                  

(h)the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2011 F19.                  

(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.                  

F12S.S.I. 2004/111.

F13S.S.I. 2005/216.

F14S.S.I 2007/138 .

F15S.S.I. 2007/499.

F16S.S.I. 2009/8.

F17S.S.I. 2009/305.

F18S.S.I 2010/405.

F19S.S.I. 2011/311.

RICHARD LOCHHEAD

 A member of the Scottish Government

 St Andrew's House,

 Edinburgh

26th November 2014

 Regulations 3 and 4(1)

## SCHEDULE 1SIMPORT INSPECTION FEES FOR APPLICABLE CHECKS

### 

Note: fees are rounded up to the nearest pound, with the exception of the additional quantity values which are rounded up                     to the nearest decimal point.                  

 Regulations 3 and 4(2)

## SCHEDULE 2SIMPORT INSPECTION FEES FOR APPLICABLE CHECKS (REDUCED RATES)

Note: fees are rounded up to the nearest decimal point, with the exception of the additional quantity values, which are rounded                     up to the nearest penny.                  

 Regulation 5

## SCHEDULE 3SADDITIONAL FEES

## 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.