Exiting The European Union Citation, commencement, extent and interpretation 1 1 These Regulations may be cited as the Plant Health (EU Exit) (Scotland) (Amendment) Regulations 2021 and come into force— a as regards the provisions mentioned in paragraph (2), on 1 July 2021, b otherwise on 1 April 2021. 2 The provisions are— a regulation 2(3) so far as it inserts the following into the 2014 Regulations— i regulation 4(5) of the 2014 Regulations, ii regulation 4(6)(d) of the 2014 Regulations, b regulation 2(6), c regulation 2(7) so far as it inserts table 3 of substituted schedule 2A of the 2014 Regulations. 3 These Regulations extend to Scotland only. 4 In these Regulations, “the 2014 Regulations” means the Plant Health (Import Inspection Fees) (Scotland) Regulations 2014 . The Plant Health (Import Inspection Fees) (Scotland) Regulations 2014 2 1 The 2014 Regulations are amended as follows. 2 For regulation 3(2)(b) (application of the import inspection fee) substitute— b is— i landed in Scotland from a third country, the European Union, Liechtenstein or Switzerland, or ii subject to any agreement made under the provisions of any legislation 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 under Article 51(1) (specific rules for official controls at border inspection posts) of the Official Controls Regulation. . 3 For regulation 4 (fees) substitute— 4 1 Subject to paragraphs (2), (3), (4)(a) and (5)(a), the fee specified for a physical check— 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 Paragraph (1) does not apply to a consignment, or such part of a consignment, consisting of plants, plant products or other objects as described in the second column of that schedule originating in the European Union, Liechtenstein or Switzerland. 3 In the case of a consignment, or such part of a consignment, consisting of any plants, plant products or other objects listed in the second column of schedule 1A and originating from the European Union, Liechtenstein or Switzerland, the fee specified for a physical check— a during normal working hours, is the fee specified in the fourth column of schedule 1A 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 1A and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule. 4 In the case of a consignment, or such part of a consignment, consisting of any plants, 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— a the fee specified for a physical check— i during normal working hours, is the fee specified in the fifth column of schedule 2 and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule, or ii outside normal working hours, is the fee specified in the sixth column of schedule 2 and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule, b the fee specified for an identity check carried out is the fee specified in the seventh column of schedule 2 and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule. 5 In the case of a consignment, or such part of a consignment, consisting of any plants, plant products or other objects listed in the second column of schedule 2ZA and originating in the European Union, Liechtenstein or Switzerland— a the fee specified for a physical check— i during normal working hours, is the fee specified in the fourth column of schedule 2ZA and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule, or ii outside normal working hours, is the fee specified in the fifth column of schedule 2ZA and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule, b the fee specified for an identity check carried out is the fee specified in the sixth column of schedule 2ZA and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule. 6 The fee specified for— a a documentary check or an identity check for a consignment or such part of a consignment, consisting of any plants, plant products or other objects for which the fee for a physical check is specified in paragraph (1) and schedule 1 is the fee specified in the third column of table 1 in schedule 2A, b a documentary check or an identity check for a consignment or such part of a consignment, consisting of any plants, plant products or other objects for which the fee for a physical check is specified in paragraph (3) and schedule 1A is the fee specified in the third column of table 1 in schedule 2A, c a documentary check for a consignment or such part of a consignment, consisting of any plants, plant products or other objects for which the fee for a physical check is specified in paragraph (4)(a) and schedule 2 is the fee specified in the third column of table 2 in schedule 2A, d a documentary check for a consignment or such part of a consignment, consisting of any plants, plant products or other objects for which the fee for a physical check is specified in paragraph (5)(a) and schedule 2ZA is the fee specified in the third column of table 3 in schedule 2A. . 4 After schedule 1, insert— SCHEDULE 1A IMPORT INSPECTION FEES FOR PHYSICAL CHECKS ON CONSIGNMENTS ORIGINATING IN THE EUROPEAN UNION, LIECHTENSTEIN OR SWITZERLAND Regulations 3 and 4(1) Item Plant, plant product or other object Quantity *Fees Normal working hours Outside normal working hours 1 Abies up to 1,000 in number £30 £54 for each additional 1,000 units (or part thereof) £0.50 up to a maximum of £168 £1.00 up to a maximum of £318 2 Acer palmatum up to 1,000 in number £30 £54 for each additional 100 units (or part thereof) £0.50 up to a maximum of £168 £1.00 up to a maximum of £318 3 Castanea sativa Mill. up to 1,000 in number £30 £54 for each additional 1,000 units (or part thereof) £0.50 up to a maximum of £168 £1.00 up to a maximum of £318 4 Chamaecyparis sp. Spach bonsai plants** up to 1,000 in number £30 £54 for each additional 100 units (or part thereof) £0.50 up to a maximum of £168 £1.00 up to a maximum of £318 5 Coffea up to 1,000 in number £30 £54 for each additional 100 units (or part thereof) £0.50 up to a maximum of £168 £1.00 up to a maximum of £318 6 Ulmus sp . up to 1,000 in number £30 £54 for each additional 100 units (or part thereof) £0.50 up to a maximum of £168 £1.00 up to a maximum of £318 7 Juniperus sp. L. bonsai plants ** up to 1,000 in number £30 £54 for each additional 100 units (or part thereof) £0.50 up to a maximum of £168 £1.00 up to a maximum of £318 8 Larix up to 1,000 in number £30 £54 for each additional 100 units (or part thereof) £0.50 up to a maximum of £168 £1.00 up to a maximum of £318 9 Lavandula L. up to 1,000 in number £30 £54 for each additional 100 units (or part thereof) £0.50 up to a maximum of £168 £1.00 up to a maximum of £318 10 Nerium oleander L. up to 1,000 in number £30 £54 for each additional 100 units (or part thereof) £0.50 up to a maximum of £168 £1.00 up to a maximum of £318 11 Quercus L. up to 1,000 in number £30 £54 for each additional 100 units (or part thereof) £0.50 up to a maximum of £168 £1.00 up to a maximum of £318 12 Olea europaea L. up to 1,000 in number £30 £54 for each additional 100 units (or part thereof) £0.50 up to a maximum of £168 £1.00 up to a maximum of £318 13 Palmae up to 1,000 in number £30 £54 for each additional 100 units (or part thereof) £0.50 up to a maximum of £168 £1.00 up to a maximum of £318 14 Picea up to 1,000 in number £30 £54 for each additional 100 units (or part thereof) £0.50 up to a maximum of £168 £1.00 up to a maximum of £318 15 Pinus up to 1,000 in number £30 £54 for each additional 100 units (or part thereof) £0.50 up to a maximum of £168 £1.00 up to a maximum of £318 16 Pinus parviflora Sieb. & Zucc. ( Pinus pentaphylla Mayr ) bonsai plants (1) up to 1,000 in number £30 £54 for each additional 100 units (or part thereof) £0.50 up to a maximum of £168 £1.00 up to a maximum of £318 17 Pinus parviflora Sieb & Zucc. bonsai plants**, grafted on a rootstock of another Pinus species up to 1,000 in number £30 £54 for each additional 100 units (or part thereof) £0.50 up to a maximum of £168 £1.00 up to a maximum of £318 18 Pinus thunbergi Parl. bonsai plants**, grafted on a rootstock of another Pinus species up to 1,000 in number £30 £54 for each additional 100 units (or part thereof) £0.50 up to a maximum of £168 £1.00 up to a maximum of £318 19 Platanus up to 1,000 in number £30 £54 for each additional 100 units (or part thereof) £0.50 up to a maximum of £168 £1.00 up to a maximum of £318 20 Polygala myrtifolia up to 1,000 in number £30 £54 for each additional 100 units (or part thereof) £0.50 up to a maximum of £168 £1.00 up to a maximum of £318 21 Prunus L. up to 1,000 in number £30 £54 for each additional 100 units (or part thereof) £0.50 up to a maximum of £168 £1.00 up to a maximum of £318 22 Rosmarinus officinalis L. up to 1,000 in number £30 £54 for each additional 100 units (or part thereof) £0.50 up to a maximum of £168 £1.00 up to a maximum of £318 Bulbs, corms, rhizomes, tubers, (other than tubers of potatoes), not intended for final users 23 All genera Per consignment – up to 200kg in weight £30 £54 For each additional 10kg (or part thereof) £0.20 up a maximum of £168 £0.40 up to maximum of £318 Seeds, tissue cultures, not intended for final users 24 All genera Per consignment up to 100kg in weight £30 £54 For each additional 10kg (or part thereof) £0.50 up to a maximum of £168 £0.90 up to a maximum of £318 Tubers of potatoes 25 Solanum tuberosum L. intended for planting (seed potatoes) up to 25,000kg in weight £64 £96 For each additional 25,000kg £52 £78 26 Solanum tuberosum L. (ware potatoes), from Spain up to 25,000kg in weight £64 £96 For each additional 25,000kg £52 £78 Other plants intended for planting not specified elsewhere in this table, not intended for final users 27 All genera Per consignment £30 £54 * Fees are rounded up to the nearest pound, with the exception of the additional quantity values which are rounded up to the nearest penny. ** “Bonsai plants” means naturally or artificially dwarfed plants for planting. . 5 For schedule 2 (reduced import inspection fees for physical checks) substitute— SCHEDULE 2 REDUCED IMPORT INSPECTION FEES FOR PHYSICAL AND IDENTITY CHECKS Regulations 3 and 4(4) Item Product Quantity Country of Origin *Fees Normal working hours Outside normal working hours Identity check Bulbs, corms, rhizomes, tubers, (other than tubers of potatoes), intended for final users or to produce plants for final use** 1 All genera Per consignment – up to 200kg in weight Any European Union Member State, Liechtenstein or Switzerland £13.80 £21.60 £0.60 for each additional 10kg (or part thereof) £0.02 £0.04 Maximum price £26.40 £46.80 Seeds, tissue cultures, intended for final users or to produce plants for final use ** 2 All genera Per consignment – up to 100kg in weight Any European Union Member State, Liechtenstein or Switzerland £12.90 £19.80 £0.30 For each additional 10kg (or part thereof) £0.02 £0.04 Maximum price £19.20 £32.40 Cut Flowers 3 Aster Up to 20,000 in number Zimbabwe £25.50 £45.00 £4.50 for each additional 1,000 units £0.15 £0.23 maximum price £120.00 £234.00 4 Dianthus up to 20,000 in number Colombia £12.60 £19.10 £0.18 Ecuador, Turkey £14.70 £23.40 £0.90 Kenya £12.90 £19.80 £0.30 for each additional 1,000 units Columbia £0.01 £0.01 Ecuador, Turkey £0.03 £0.05 Kenya £0.01 £0.02 maximum price Colombia £16.40 £26.70 Ecuador, Turkey £33.60 £61.20 Kenya £19.20 £32.40 5 Rosa up to 20,000 in number Colombia £12.60 £19.10 £0.18 Ecuador £12.20 £18.40 £0.06 Ethiopia £12.90 £19.80 £0.30 Kenya, Zambia £13.80 £21.60 £0.60 Tanzania £21.00 £36.00 £3.00 for each additional 1,000 units Colombia £0.01 £0.01 Ecuador £0.01 £0.01 Ethiopia £0.01 £0.02 Kenya, Zambia £0.02 £0.03 Tanzania £0.10 £0.15 maximum price Colombia £16.40 £26.70 Ecuador £13.40 £20.90 Ethiopia £19.20 £32.40 Kenya, Zambia £26.40 £46.80 Tanzania £84.00 £162.00 Branches with foliage, parts of Conifers (other than Christmas trees) 6 All genera Per consignment – up to 200kg in weight Any EU Member State, Liechtenstein or Switzerland £1.50 2.70 £0.30 For each additional 100kg (or part thereof ) £0.16 £0.18 7 Phoenix up to 20,000 in number Costa Rica £21.00 £36.00 £3.00 for each additional 1,000 units £0.10 £0.15 maximum price £84.00 £162.00 Fruit 8 Carica papaya up to 25,000kg in weight Any third country £12.90 £19.80 £0.30 for each additional 1,000kg £0.04 £0.08 9 Cydonia up to 25,000kg in weight Any third country in Europe £12.90 £19.80 £0.30 for each additional 1,000kg £0.04 £0.08 10 Fragaria up to 25,000kg in weight Any third country £12.90 £19.80 £0.30 for each additional 1,000kg £0.04 £0.08 11 Malus up to 25,000kg in weight Argentina £18.30 £30.60 £2.10 Brazil £21.00 £36.00 £3.00 Chile, Any third country in Europe, South Africa £12.90 £19.80 £0.30 New Zealand £13.80 £21.60 £0.60 for each additional 1,000kg Argentina £0.28 £0.53 Brazil £0.40 £0.75 Chile, South Africa £0.04 £0.08 New Zealand £0.08 £0.15 12 Persea americana up to 25,000kg in weight Any third country £12.90 £19.80 £0.30 for each additional 1,000kg £0.04 £0.08 13 Prunus up to 25,000kg in weight Argentina 25.50 £45.00 £4.50 Chile £13.80 £21.60 £0.60 Any third country in Europe £12.90 £19.80 £0.30 Morocco £21.00 £36.00 £3.00 Turkey £18.30 £30.60 £2.10 for each additional 1,000kg Argentina £0.60 £1.13 Chile £0.08 £0.15 Any third country in Europe £0.04 £0.08 Morocco £0.40 £0.75 Turkey £0.28 £0.53 14 Prunus – other than P. persica up to 25,000kg in weight South Africa £13.80 £21.60 £0.60 for each additional 1,000kg £0.08 £0.15 15 Pyrus up to 25,000kg in weight Argentina, Chile £14.70 £23.40 £0.90 China £21.00 £36.00 £3.00 Any third country in Europe £12.90 £19.80 £0.30 South Africa £13.80 £21.60 £0.60 for each additional 1,000kg Argentina, Chile £0.12 £0.23 China £0.40 £0.75 Any third country in Europe £0.04 £0.08 South Africa £0.08 £0.15 16 Ribes up to 25,000kg in weight Any third country in Europe £12.90 £19.80 £0.30 for each additional 1,000kg £0.04 £0.08 17 Rubus up to 25,000kg in weight Any third country £12.90 £19.80 £0.30 for each additional 1,000kg £0.04 £0.08 18 Vaccinium up to 25,000kg in weight Argentina £16.50 £27.00 £1.50 Any third country in Europe £12.90 £19.80 £0.30 Chile, Peru £13.80 £21.60 £0.60 for each additional 1,000kg Argentina £0.20 £0.38 Any third country in Europe £0.04 £0.08 Chile, Peru £0.08 £0.15 19 Vitis up to 25,000kg in weight Any third country £12.90 £19.80 £0.30 for each additional 1,000kg £0.04 £0.08 Vegetables 20 Solanum lycopersicon up to 25,000kg in weight Canary Islands, Morocco £12.90 £19.80 £0.03 for each additional 1,000kg Canary Islands, Morocco £0.04 £0.08 21 Solanum melongena up to 25,000kg in weight Turkey £14.70 £23.40 £0.90 for each additional 1,000kg £0.12 £0.23 Tubers of potatoes 22 Solanum tuberosum L. (ware potatoes) up to 25,000kg in weight Poland, Portugal, Romania £32 £48 £3.00 for each additional 25,000kg in weight (or part thereof) £26 £39 Bark 23 Bark Per consignment – up to 25,00 in weight Any European Union Member State, Liechtenstein or Switzerland £12.90 £19.80 £0.30 for each additional 1,000kg (or part thereof) £0.04 £0.13 Other plants intended for planting not specified elsewhere in this table or the table in Schedule 1A, intended for final users or to produce plants for final use ** 24 All genera Per consignment Any European Union Member State, Liechtenstein or Switzerland £14.40 £21.60 £0.60 Other objects 25 Machinery or vehicles which have been operated for agricultural or forestry purposes Per Consignment Any third country, any European Union Member State, Liechtenstein or Switzerland £12.90 £19.80 £0.30 * Fees are rounded up to the nearest pound, with the exception of the additional quantity values which are rounded up to the nearest penny. ** “Final use” means any use by a person acting for purposes which are outside that person’s trade, business or profession who acquires plants or plant products for personal use. . 6 After schedule 2 insert— SCHEDULE 2ZA REDUCED IMPORT INSPECTION FEES FOR OTHER CONSIGNMENTS ORIGINATING IN THE EUROPEAN UNION, LIECHTENSTEIN OR SWITZERLAND Regulations 3 and 4(5) Item Plant, plant product or other object Quantity *Fees – Physical checks Fees – Identity Check Normal working hours Outside normal working hours 1 Cut Flowers (all genera) Per consignment – up to 20,000 in number £13.00 £19.00 £0.18 for each additional 1,000 units (or part thereof) £0.02 up to a maximum of £20.00 £0.01 up to a maximum of £27.00 2 Cut Christmas trees (all genera) Per consignment – up to 1,000 in number £13.00 £19.00 £0.18 for each additional 1,000 units (or part thereof) £0.18 up to a maximum of £20.00 £0.36 up to a maximum of £27.00 3 Leaves of plants, such as herbs, spices and leafy vegetables Per consignment – up to 100kg in weight £13.00 £19.00 £0.18 For each additional 10kg (or part thereof) £0.02 up to a maximum of £20 £0.11 up to a maximum of £318 4 Fruits (all genera) and vegetables (all genera) Per consignment – up to 25,000kg in weight £13.00 £19.00 £0.18 For each additional 1,000kg (or part thereof) £0.04 £0.06 5 Solanum tuberosum L. (ware potatoes), other than from Poland, Portugal, Romania and Spain Per lot – up to 25,000 kg in weight £26.00 £39.00 £0.18 For each additional 25,000kg in weight (or part thereof) £26.00 £39.00 6 Grain Per lot – up to 25,000 kg in weight £13.00 £19.00 £0.18 For each additional 1,000kg in weight (or part thereof) £0.03 up to a maximum of £20.00 £0.04 up to a maximum of £27 Other plants or plant products not specified elsewhere in this table, the table in Schedule 1A, or the table in Schedule 2, other than forest trees, soil and growing medium 7 All genera Per consignment £13.00 £19.00 £0.18 * Fees are rounded up to the nearest pound, with the exception of the additional quantity values which are rounded up to the nearest penny. . 7 For schedule 2A (import inspection fees for documentary checks and identity checks) substitute— SCHEDULE 2A IMPORT INSPECTION FEES FOR DOCUMENTARY CHECKS AND IDENTITY CHECKS Regulations 3 and 4(6) Table 1 Check Quantity Fee Documentary check Per consignment £6.00 Identity check Per consignment £6.00 Table 2 Check Quantity Fee Documentary check Per consignment £6.00 Table 3 Check Quantity Fee Documentary check Per consignment £6.00 The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015 3 1 The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015 are amended as follows. 2 In regulation 3 (fees)— a in paragraph (5A) for “The” substitute “Subject to paragraph (5AA), the”, b after paragraph (5A), insert— 5AA The fee for a phytosanitary certificate or phytosanitary certificate for re-export specified in schedule 5A is not payable in respect of a consignment destined for delivery to a professional operator based in Northern Ireland. . The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 4 1 The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 are amended as follows. 2 In regulation 2(1) (interpretation: general), after the definition of “plant health rule”, insert— “plant passport” means a passport which is a UK plant passport or other permitted plant passport, . 3 In regulation 41 (improper use of UK plant passports or certificates)— a in the heading omit “UK”, b in paragraph (1)(b) and (c), omit “UK” in both places where it occurs. 4 In schedule 3 (offences: relevant provisions in the Plant Health Regulation, Official Controls Regulation and other retained direct EU legislation), in Part 1 (the Plant Health Regulation) in the table— a in the entry relating to Article 79(1), in the first column, for “and 92a” substitute “, 92a and 95a(2)”, b in the entry relating to Article 80(1), in the first column, for “and 92a” substitute “, 92a and 95a(2)”, c in the entry relating to Article 93(5), in the second column, for “replaced UK” substitute “certain”, d after the entry relating to Article 93(5) insert— Article 95a(1) Prohibits the introduction of a relevant NI trade unit into Great Britain from Northern Ireland unless it is accompanied by the plant passport which was required for its movement within Northern Ireland. . BEN MACPHERSON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 18th March 2021