Plant Health PART 1 General Citation, commencement and extent 1 1 These Regulations may be cited as the Plant Health (Fees) (England) and Official Controls (Frequency of Checks) (Amendment) Regulations 2024. 2 They come into force on 30th April 2024. 3 They extend to England and Wales, and Scotland, except for Part 2, which extends to England and Wales only. PART 2 Amendments relating to fees Amendment of the Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015 2 1 The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015 are amended as follows. 2 In the table in Schedule 1 (fees in connection with a plant passport authority), in the first row of the first column (type of inspection), for “Physical inspection” substitute “Inspection” . Amendment of the Plant Health etc. (Fees) (England) Regulations 2018 3 1 The Plant Health etc. (Fees) (England) 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— a in the case of a consignment originating in Liechtenstein containing any plants or plant products falling within the table in Schedule 2B and also within the Schedule to the Official Controls (Plant Health) (Frequency of Checks) Regulations 2022 , £5.25; b in the case of a consignment to which sub-paragraph (a) does not apply, originating in an EU Member State, Liechtenstein or Switzerland and containing only plants or plant products falling within the table in Schedule 2B, £0.15; c in any other case, £5.25. ; b for paragraph (2E) substitute— 2E No fee is payable under paragraph (2A) in respect of— a any consignment originating in an EU Member State, Liechtenstein or Switzerland introduced into England through a relevant port before 31st October 2024; or b any plants listed in the table in Schedule 2A to the Plant Health (Amendment etc.) (EU Exit) Regulations 2020 contained in any consignment originating in an EU Member State, Liechtenstein or Switzerland, introduced into England before 31st October 2024. 2EA Paragraph (2E) does not apply to any goods— a contained in a consignment originating in Liechtenstein; and b falling within the Schedule to the Official Controls (Plant Health) (Frequency of Checks) Regulations 2022. ; c in paragraph (2G), in the words before sub-paragraph (a), for “, the table and Schedule 2A” substitute “and the table” ; d in paragraph (3)— i after sub-paragraph (d), insert— da “ relevant port ” means any of the following seaports— i Barrow; ii Ellesmere Port; iii Garston; iv Heysham; v Lancaster; vi Liverpool; vii Mersey Wharf; viii Royal Portbury (Bristol); ix Seaforth Grain Terminal; x Silloth; xi Workington; ; ii omit sub-paragraph (g). 3 For Schedule 1 (import inspection fees), substitute— SCHEDULE 1 Import inspection fees Regulation 3(2A) and (2C) Column 1 Category and description of plant, plant product or other object Column 2 Country of origin Column 3 Fee: Physical check (£) Column 4 Fee: Identity check (£) (1) “ Intended for final users ” means intended, by evidence from the packaging, labelling or by other means, for direct supply to final users. (2) “ Woody plants ” means plants which have a woody or partly woody stem, and includes all trees, forest reproductive material (other than seed), shrubs and palms, and those vines and perennial herbs with woody or partly woody stems; and for this purpose “ perennial herbs ” means herbs for which the average life exceeds two years. (3) “ Non-woody plants ” means plants that are not woody plants. (4) “ Indoor plants ” means plants which appear from their packaging or labelling or by other means to be intended for direct supply to final users for indoor use or use in aquaria. (5) “ European third countries ” means Albania, Andorra, Armenia, Azerbaijan, Belarus, Bosnia and Herzegovina, Canary Islands, 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. Bulbs, corms, rhizomes, tubers (other than tubers of potatoes), onions, shallots, garlic, leeks and other alliaceous vegetables, dormant, not in substrate All genera intended for planting, other than commercial flower production, and not intended for final users Any third country 205.04 5.25 All genera intended for planting, and intended for commercial flower production, or for final users Any third country 20.50 0.52 Cuttings, seedlings intended for planting, not specified or included anywhere else in this table All genera Any third country 32.15 1.57 Plants for planting Woody plants (other than specified or included elsewhere in this table), intended for planting and intended for final users . All genera Any third country 32.15 1.57 Non-woody plants (other than specified or included elsewhere in this table), intended for planting. All genera Any third country 32.15 1.57 Indoor plants . All genera Any third country 32.15 1.57 Other plants (other than specified or included elsewhere in this table), intended for planting. All genera Any third country 32.15 1.57 Cut flowers Dendranthema (DC.) Des Moul. (Chrysanthemum L.) Any EU Member State, Liechtenstein or Switzerland 1.28 0.15 Colombia or Ecuador 21.37 2.62 Any third country other than an EU Member State, Colombia, Ecuador, Liechtenstein or Switzerland 2.13 0.26 Eryngium Tournier ex Linnaeus. Any third country other than an EU Member State, European third country, Liechtenstein or Switzerland 4.27 0.52 Lisianthus L. Any third country other than an EU Member State, European third country, Liechtenstein or Switzerland 4.27 0.52 Rosa L. Colombia or Ecuador 1.28 0.15 Canada, India, Mexico or the USA 21.37 2.62 Any third country other than an EU Member State, Canada, Colombia, Ecuador, India, Liechtenstein, Mexico, Switzerland or the USA 2.13 0.26 Solidago L. Any EU Member State, Liechtenstein or Switzerland 1.28 0.15 Any third country other than an EU Member State, Liechtenstein or Switzerland 4.27 0.52 Other genera not specified or included elsewhere in this table Any EU Member State, Liechtenstein or Switzerland 1.28 0.15 Any third country other than an EU Member State, Liechtenstein or Switzerland 2.13 0.26 Branches with foliage, parts of Conifers (other than bark or cut Christmas trees) All genera Any EU Member State, Liechtenstein or Switzerland 1.01 0.15 Any third country other than an EU Member State, Liechtenstein or Switzerland 1.69 0.26 Fruit, vegetables, leaves Momordica L. Any EU Member State, Liechtenstein or Switzerland 1.59 0.15 Any third country other than an EU Member State, Liechtenstein or Switzerland 26.55 2.62 Ocimum L. Any EU Member State, Liechtenstein or Switzerland 2.15 0.15 Any third country other than an EU Member State, Liechtenstein or Switzerland 35.84 2.62 Solanaceae Juss. (other than Solanum tuberosum L. Solanum lycopersicum L, Solanum melongena L. and Capsicum sp.) Any EU Member State, Liechtenstein or Switzerland 1.59 0.15 Any third country other than an EU Member State, Liechtenstein or Switzerland 26.55 2.62 Solanum lycopersicum L. Any EU Member State, Liechtenstein or Switzerland 1.59 0.15 Morocco 2.65 0.26 Canary Islands 13.27 1.31 Any third country other than the Canary Islands, an EU Member State, Liechtenstein, Morocco or Switzerland 53.10 5.25 Solanum melongena L. Any EU Member State, Liechtenstein or Switzerland 1.59 0.15 Turkey 15.93 1.57 Any third country other than an EU Member State, Liechtenstein, Switzerland or Turkey 26.55 2.62 Capsicum Any EU Member State, Liechtenstein or Switzerland 1.59 0.15 Any third country other than an EU Member State, Liechtenstein or Switzerland 53.10 5.25 Zea mays Any EU Member State, Liechtenstein or Switzerland 1.59 0.15 Any third country other than an EU Member State, Liechtenstein or Switzerland 53.10 5.25 Ipomoea batatas Any EU Member State, Liechtenstein or Switzerland 1.59 0.15 Any third country other than Cameroon, an EU Member State, Liechtenstein or Switzerland 2.65 0.26 Cameroon 53.10 5.25 Persea americana Any EU Member State, Liechtenstein or Switzerland 1.59 0.15 Any third country other than an EU Member State, Liechtenstein or Switzerland 2.65 0.26 Vitis Any EU Member State, Liechtenstein or Switzerland 1.59 0.15 Any third country other than an EU Member State, Liechtenstein or Switzerland 2.65 0.26 Malus Any EU Member State, Liechtenstein or Switzerland 1.59 0.15 European third countries 7.96 0.78 Argentina 18.58 1.83 Chile 2.65 0.26 New Zealand 5.31 0.52 South Africa 7.96 0.78 Any third country other than Argentina, Chile, an EU Member State, Liechtenstein, New Zealand, South Africa, Switzerland or European Third countries 53.10 5.25 Pyrus Any EU Member State, Liechtenstein or Switzerland 1.59 0.15 Argentina 13.27 1.31 Chile 7.96 0.78 South Africa 5.31 0.52 Any third country other than Argentina, Chile, an EU Member State, Liechtenstein, South Africa or Switzerland 53.10 5.25 Fragaria Any EU Member State, Liechtenstein or Switzerland 1.59 0.15 Any third country other than an EU Member State, Liechtenstein or Switzerland 2.65 0.26 Rubus Any EU Member State, Liechtenstein or Switzerland 1.59 0.15 Any third country other than an EU Member State, Liechtenstein or Switzerland 2.65 0.26 Vaccinium Any EU Member State, Liechtenstein or Switzerland 1.59 0.15 European third countries 26.55 2.62 Argentina 13.27 1.31 Chile 5.31 0.52 Peru 5.31 0.52 Any third country other than Argentina, Chile, an EU Member State, Liechtenstein, Peru, Switzerland or European third countries 53.10 5.25 Zingiber officinale Any EU Member State, Liechtenstein or Switzerland 1.59 0.15 Any third country other than Cameroon, an EU Member State, Liechtenstein or Switzerland 2.65 0.26 Cameroon 53.10 5.25 Asparagus officinalis Any EU Member State, Liechtenstein or Switzerland 1.59 0.15 Any third country other than an EU Member State, Liechtenstein or Switzerland 53.10 5.25 Other genera or species of fruit or vegetables not specified or included elsewhere in this table Any EU Member State, Liechtenstein or Switzerland 1.59 0.15 Any third country other than an EU Member State, Liechtenstein or Switzerland 2.65 0.26 Other leaves not specified or included elsewhere in this table Any EU Member State, Liechtenstein or Switzerland 2.15 0.15 Any third country other than an EU Member State, Liechtenstein or Switzerland 3.58 0.26 Seeds (for sowing), tissue cultures All genera, for trials or testing Any third country 12.81 0.52 Brassicaceae (other than for trials or testing) Argentina, Australia, Bolivia, Brazil, Chile, New Zealand or Uruguay 128.13 5.25 Capsicum spp. L. (other than for trials or testing) Any third country 128.13 5.25 Poaceae (other than for trials or testing) Argentina, Australia, Bolivia, Brazil, Chile, New Zealand or Uruguay 128.13 5.25 Solanum lycopersicum L. (other than for trials or testing) Any third country 128.13 5.25 Solanum tuberosum L. (True seed) (other than for trials or testing) Any third country 128.13 5.25 Trifolium spp. (other than for trials or testing) Argentina, Australia, Bolivia, Brazil, Chile, New Zealand or Uruguay 128.13 5.25 Other genera or species not specified or included elsewhere in this table Any third country 6.40 0.26 Grain (other than seeds for sowing) Secale L. Afghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, South Africa or the USA 142.98 5.25 Triticum L. Afghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, South Africa or the USA 142.98 5.25 X Triticosecale Wittm. ex A. Camus Afghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, South Africa or the USA 142.98 5.25 Tubers of potatoes Solanum tuberosum L. (seed potatoes) Any third country 156.69 5.25 Solanum tuberosum L. (ware potatoes) Egypt, Poland, Portugal or Romania 78.34 2.62 Spain 156.69 5.25 Any third country other than Egypt, Poland, Portugal, Romania or Spain 4.70 0.15 Cut Christmas trees (less than 3 metres in height) All genera Any EU Member State, Liechtenstein or Switzerland 3.58 0.15 Any third country other than an EU Member State, Liechtenstein or Switzerland 5.98 0.26 Machinery or vehicles which have been operated for agricultural or forestry purposes Any third country 5.98 0.26 . 4 Omit Schedule 2A (list of plants and plant products from EU Member States, Liechtenstein and Switzerland subject to fees for physical and identity checks). 5 Before Schedule 3, insert— SCHEDULE 2B Regulation 3(2)(a) Category and description of plant or plant product Cut Flowers Dendranthema (DC.) Des Moul. ( Chrysanthemum L.) Rosa L. Solidago L. Other genera not specified or included elsewhere in this table Branches with foliage, parts of Conifers (other than bark or cut Christmas trees) All genera Fruit, vegetables, leaves Momordica L. Ocimum L. Solanaceae Juss . (other than Solanum tuberosum L.) Solanum melongena L. Other genera or species of fruit or vegetables not specified or included elsewhere in this table Other leaves not specified or included elsewhere in this table Cut Christmas trees (less than 3 metres in height) All genera PART 3 Amendments relating to frequency of checks Amendment of Regulation (EU) 2017/625 4 1 Annex 6 of Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 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 (application, derogations and modifications etc.) is amended as follows. 2 In paragraph 2, in the definition of “appropriate frequency rate”— a in point (a), for “specified in point (b)” substitute “to which point (b) applies” ; b in point (b), for the words beginning with “specified in” and ending with “2020”, substitute “as referred to in the lists established pursuant to Article 72(1) of Regulation (EU) 2016/2031 that originate in a relevant third country, except where the goods are excluded goods” ; c after the definition of “appropriate frequency rate” insert— “ excluded goods ” means plants, plant products or other objects that originate in an EU Member State, Liechtenstein or Switzerland— as referred to in the lists established pursuant to Article 72(1) of Regulation (EU) 2016/2031 , which enter Great Britain through a relevant port before 31st October 2024; or that are listed in the table in Schedule 2A to the Plant Health (Amendment etc.) (EU Exit) Regulations 2020 that enter Great Britain before 31st October 2024. ; d after the definition of “relevant goods”, insert— “ relevant port ” means any of the following seaports— Ayr; Barrow; Barry; Cardiff; Cairnryan; Ellesmere Port; Fishguard; Garston; Greenock; Heysham Holyhead; Lancaster; Liverpool; Mersey Wharf; Newport; Pembroke; Port Talbot; Royal Portbury (Bristol); Seaforth Grain Terminal; Silloth; Workington. . 3 In paragraph 5— a in the inserted paragraph 1C, for the words beginning with “specified in” and ending with “2020”, substitute “as referred to in the lists established pursuant to Article 72(1) of Regulation (EU) 2016/2031 ” ; b after the inserted paragraph 1C, insert— 1D Paragraph 1C does not apply in respect of excluded goods. . 4 In paragraph 5B— a in the inserted paragraph 2A, for the words beginning with “specified in” and ending with “2020”, substitute “as referred to in the lists established pursuant to Article 72(1) of Regulation (EU) 2016/2031 ” ; b after the inserted paragraph 2A, insert— 2B Paragraph 2A does not apply in respect of excluded goods. . 5 After paragraph 5B insert— 5C In Article 45(1), after “Article 44(1)” insert “or (1C)” . . Amendment of the Official Controls (Plant Health) (Frequency of Checks) Regulations 2022 5 1 Regulation 3 of the Official Controls (Plant Health) (Frequency of Checks) Regulations 2022 (frequency rate of physical checks and identity checks) is amended as follows— 2 In paragraph (1)— a after “Annex 11” insert “that originate in the third country in the corresponding entry in column (3) of the table in that Part” ; b omit the words from “which” to the end; 3 After paragraph (1) insert— 1A Paragraph (1) does not apply to plants, plant products or other objects— a that originate in an EU Member State, Liechtenstein or Switzerland; b are imported into Great Britain before 31st October 2024; c are either— i imported through a relevant port; or ii listed in the table in Schedule 2A to the Plant Health (Amendment etc.) (EU Exit) Regulations 2020; and d if originating in Liechtenstein, do not fall within the Schedule. . 4 In paragraph (7)— a after the definition of “indoor plant”, insert— relevant port” means any of the following seaports— Ayr; Barrow; Barry; Cairnryan; Cardiff; Ellesmere Port; Fishguard; Garston; Greenock; Heysham; Holyhead; Lancaster; Liverpool; Mersey Wharf; Newport; Pembroke; Port Talbot; Royal Portbury (Bristol); Seaforth Grain Terminal; Silloth; Workington. ; b omit the definition of “relevant third country”. Douglas-Miller Parliamentary under Secretary of State Department for Environment, Food and Rural Affairs 24th April 2024 We consent Amanda Milling Joy Morrissey Two of the Lords Commissioners of His Majesty’s Treasury 23rd April 2024