Exiting The European Union Citation and commencement 1 These Regulations may be cited as the Plant Health etc. (Fees) (England) (Amendment) Regulations 2021 and come into force on 1st June 2021. Amendment of the Plant Health etc. (Fees) (England) Regulations 2018 2 1 The Plant Health etc. (Fees) (England) Regulations 2018 are amended as follows. 2 In regulation 3 (import inspection fees)— a for paragraphs (2) and (2A) 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; 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. . b After paragraph (2A) insert— 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 1st 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 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. . 4 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 . 5 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), 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 . 6 After Schedule 2 insert— 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 1st 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 ”. . Victoria Prentis Parliamentary Under Secretary of State Department for Environment, Food and Rural Affairs 26th May 2021 We consent, James Morris Michael Tomlinson Two of the Lords Commissioners of Her Majesty’s Treasury 25th May 2021