The Plant Health etc. (Fees) (Wales) Regulations 2018
| Jurisdiction | Wales |
| Citation | SI 2018/1179 (W238) |
| Year | 2018 |
(1) The title of these Regulations is the Plant Health etc. (Fees) (Wales) Regulations 2018.(2) They come into force on 10 December 2018.(3) They apply in relation to Wales.(1) In these Regulations, “the ... Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants.(2) Words and expressions which are not defined in these Regulations and appear in the ... Plant Health Regulation or in 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 have the same meaning in these Regulations as they have in the ... instrument in question.(1) This regulation applies in relation to a third country consignment F10insofar as it includes plants, plant products or other objects of a description specified in column 1 of the table in Schedule 1 that F49fall withinF40Part A of Annex 11, or 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....(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. the fee specified in column 3 of the table in respect of a physical check of plants, plant products or other objects of each such description included in the consignment; andthe fee specified in column 4 of the table in respect of an identity check of plants, plant products or other objects of each such description included in the consignment.(2B) The fees specified under paragraph (2A) in respect of liability to a physical check and identity check of cut flowers, fruit, vegetables or leaves are payable in respect of a single lot of the kind in question.the fee payable in respect of a single lot of cut flowers or of fruit, vegetables or leaves (as the case may be) ; orwhere different amounts are specified in relation to the lots in question, a fee equal to the highest of the fees relating to liability to a physical check or identity check (as the case may be) ;the fee payable in respect of a single plant, plant product or other object of any of the descriptions in question; orwhere different amounts are specified in relation to those plants, plant products or other objects, a fee equal to the highest of the fees relating to liability to a physical check or identity check (as the case may be) .(2D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(2E) No fee is payable under paragraph (2A) in respect of any consignment originating in an EU Member State, Liechtenstein or Switzerland that is imported before the end of the transitional staging period, in respect of any plants or plant products specified in Schedule 2A that are contained in the consignment.(2F) Where an inspector suspects that a third country consignment is infected with a controlled plant pest and takes a sample from the consignment for laboratory testing to confirm whether the pest is present, the fee payable by the importer of the third country consignment is £147.35 for each sample tested.“leaves” means vegetables, herbs and spices, so far as they take the form of leaves with or without stems or stalks attached, and the loose leaves of any other plants;“vegetables”, except in sub-paragraph (a) , means vegetables other than in so far as they take the form of leaves.“category”, in relation to anything specified in column 1 of the table in Schedule 1, means a grouping which is listed in column 1 in bold typeface;“controlled plant pest” means a GB quarantine pest, a provisional GB quarantine pest, a PFA quarantine pest or a GB regulated non-quarantine pest;“description”, in relation to anything specified in column 1 of the table in Schedule 1, means the specific description in respect of which a fee is specified;“lot” means one or more units of a single commodity, identifiable by its homogeneity of composition and origin, which form part of a consignment;“the table” means the table in Schedule 1;“third country consignment” means a consignment that is introduced into Wales from a third country;“the transitional staging period” has the meaning given in Annex 6 to 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.
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