The Plant Health etc. (Miscellaneous Fees) (England) (Amendment) Regulations 2019

JurisdictionUK Non-devolved
CitationSI 2019/1257
Year2019

2019 No. 1257

Plant Health, England

Seeds, England

The Plant Health etc. (Miscellaneous Fees) (England) (Amendment) Regulations 2019

Made 11th September 2019

Laid before Parliament 12th September 2019

Coming into force 1st October 2019

The Secretary of State, with the consent of the Treasury, makes these Regulations in exercise of the powers conferred by—

(a) in relation to regulation 1, the provisions mentioned in paragraphs (b) and (c);

(b) in relation to regulation 2, sections 3(1) and 4A of the Plant Health Act 19671and now vested in the Secretary of State2;

(c) in relation to regulation 3, section 56(1) and (2) of the Finance Act 19733.

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Plant Health etc. (Miscellaneous Fees) (England) (Amendment) Regulations 2019 and come into force on 1st October 2019.

S-2 Amendment of the Plant Health (Export Certification) (England) Order 2004

Amendment of the Plant Health (Export Certification) (England) Order 2004

2.—(1) The Plant Health (Export Certification) (England) Order 20044is amended as follows.

(2) In article 4—

(a)

(a) in paragraph (2)—

(i) in sub-paragraph (a)—

(aa) for “£250” substitute “£750”;

(bb) for the words from “column 3” to the end substitute “column 2 of that table”;

(ii) in sub-paragraph (b), for the words from “column 4” to the end substitute “column 3 of that table”;

(b)

(b) in paragraph (3), for “columns 3 and 4” substitute “columns 2 and 3”;

(c)

(c) in paragraph (4)—

(i) in sub-paragraph (a)—

(aa) for “£250” substitute “£750”;

(bb) for “£7.43” substitute “£7.88”;

(ii) in sub-paragraph (b), for “£14.86” substitute “£15.76”.

(3) For Schedule 3 substitute—

SCHEDULE 3

Article 4(1)

Fees for export certification services and pre-export services

(1)

Service

(2)

Fee (£)

(3)

Fee (£)

Inspection of consignment

31.90 for each 15 minutes (or part thereof), subject to a minimum fee of 63.80

63.80 for each 15 minutes (or part thereof), subject to a minimum fee of 127.60

Audit of a grain inspection carried out pursuant to article 3(3)

13.20 for each 15 minutes (or part thereof), subject to a minimum fee of 26.40

26.40 for each 15 minutes (or part thereof), subject to a minimum fee of 52.80

Laboratory examination

16.78 per sample tested

33.56 per sample tested

Issue of certificate

12.76 per certificate

25.52 per certificate

Amendment of a certificate at the request of the exporter

7.88 per certificate

15.76 per certificate”.

S-3 Amendment of the Plant Health etc. (Fees) (England) Regulations 2018

Amendment of the Plant Health etc. (Fees) (England) Regulations 2018

3.—(1) The Plant Health etc. (Fees) (England) Regulations 20185are amended as follows.

(2) In regulation 3—

(a)

(a) in paragraph (1)—

(i) for “which consists of” substitute “insofar as it includes”;

(ii) at the end insert “or any machinery or vehicles which have been operated for agricultural or forestry purposes”;

(b)

(b) in paragraph (2)—

(i) in sub-paragraph (a), for “£9.71” substitute “£10.51”;

(ii) for sub-paragraphs (b) and (c) substitute—

“(b)

“(b) in the case of—

(i) a Schedule 2 cut flower consignment which includes—

(aa) one lot of cut flowers, the fee specified in respect of those cut flowers in column 3 of the table in Schedule 2;

(bb) two or more lots of cut flowers, a fee equal to the amount of the highest of the fees specified in respect of those lots in column 3 of that table;

(ii) a Schedule 2 fruit or vegetable consignment which includes—

(aa) one lot of fruit or vegetables, the fee specified in respect of those fruit or vegetables in column 3 of the table in Schedule 2;

(bb) two or more lots of fruit or vegetables, a fee equal to the amount of the highest of the fees specified in respect of those lots in column 3 of that table;

(c)

(c) in the case of a consignment which—

(i) includes cut branches ofPhoenix spp. originating in Costa Rica and no other cut branches to which this regulation applies, the fee specified in respect of those cut branches in column 3 of the table in Schedule 2;

(ii) in the case of any other consignment to which this regulation applies—

(aa) where the consignment includes any machinery or vehicles that have been operated for agricultural or forestry purposes, a fee of £5.98;

(bb) where the consignment includes plants, plant products or other objects of a description specified in column 1 of the table in Schedule 1, the fee or fees specified in respect of those plants, plant products or other objects in column 2 of that table;”;

(iii) in sub-paragraph (d), for “£157.08” substitute “£147.35”;

(c)

(c) in paragraph (3), after the definition for “controlled plant pest”, insert—

“(aa)

“(aa) “Europe” has the meaning given in article 2(1) of the 2015 Order;

(ab)

(ab) “lot” means one or more units of a single commodity, identifiable by its homogeneity of composition and origin, which form part of a consignment;

(ac)

(ac) “Schedule 2 cut flower consignment” means a consignment which includes cut flowers of a description specified in column 1 of the table in Schedule 2 originating in a country specified in column 2 of that table and does not include any other cut flowers to which this regulation applies;

(ad)

(ad) “Schedule 2 fruit or vegetable consignment” means a consignment which includes fruit or vegetables of a description specified in column 1 of the table in Schedule 2 originating in a country specified in column 2 of that table and does not include any other fruit or vegetables to which this regulation applies;”.

(3) In regulation 4—

(a)

(a) in paragraph (2), for “fees specified in the table in Schedule 3 are” substitute “fee specified in paragraph (3) is”;

(b)

(b) for paragraph (3) substitute—

S-3

“3 A fee of £61.58 is payable for each 15 minutes (or part thereof) spent in carrying out the inspection and any associated activities at the relevant premises, subject to a minimum fee of £123.16.”;

(c)

(c) in paragraph (4), for “£18.78” substitute “£20.66”.

(4) In regulation 6(1) for “£60.40” substitute “£70.83”.

(5) In regulation 8—

(a)

(a) in paragraph (4), for “£14.76” substitute “£15.76”;

(b)

(b) after paragraph (4) insert—

S-4A

“4A Where a person submits an application for the provision of printed labels, the following additional fee is payable—

(a) in the case of an application submitted online, £11.45;

(b) in the case of an application submitted in paper form, £15.61.”.

(6) For regulation 9(2) substitute—

S-2

“2 A fee of £26.00 per each 15 minutes (or part thereof) is payable in respect of time spent in carrying out an official examination and any associated activities at the relevant premises for the purposes of certifying the material, subject to a minimum fee of £52.00.”.

(7) For Schedule 1 substitute—

SCHEDULE 1

Regulation 3(1)

Import inspection fees

Column 1

Plant, plant product or other object

Column 2

Fee (£)

Cuttings, seedlings (except forestry reproductive material), young plants of strawberries or of vegetables

173.91

Shrubs, trees (other than cut Christmas trees), other woody nursery plants including forest reproductive material (other than seed)

182.38

Bulbs, corms, rhizomes, tubers, intended for planting (other than tubers of potatoes)

205.04

Seeds, tissue cultures

128.13

Other plants intended for planting, not specified elsewhere in this table

182.38

Cut flowers

42.75

Branches with foliage, parts of conifers (other than cut Christmas trees)

33.99

Cut Christmas trees

119.64

Leaves of plants, such as herbs, spices and leafy vegetables

71.68

Fruits, vegetables (other than leafy vegetables)

53.10

Tubers of potatoes

156.69

Soil and growing medium, bark

119.64

Grain

142.98

Other plants or plant products not specified elsewhere in this table, except forest trees

22.73”.

(8) For Schedule 2 substitute—

SCHEDULE 2

Regulation 3(2)(b) and (c)

Import inspection fees: reduced rates

Column 1

Genus

Column 2

Country of origin

Column 3

Fee (£)

Cut flowers

Aster

Zimbabwe

32.06

Dianthus

Colombia

1.28

Ecuador

6.41

Kenya

2.14

Turkey

6.41

Rosa

Colombia

1.28

Ecuador

0.43

Ethiopia

2.14

Kenya

4.28

Tanzania

21.38

Zambia

4.28

Branches with Foliage

Phoenix

Costa Rica

17.00

Fruit

Actinidia

Any third country

2.66

Carica papaya

Any third country

2.66

Citrus

Egypt

39.83

Morocco

1.59

Peru

5.31

Turkey

1.59

USA

13.28

Citrus lemon and citrus aurantifolia

Israel

13.28

Cydonia

Any third country in Europe

2.66

Fragaria

Any third country

2.66

Malus

Argentina

18.59

Brazil

26.55

Chile

2.66

Any third country in Europe

2.66

New Zealand

5.31

South Africa

2.66

Mangifera

Brazil

26.55

Passiflora

Colombia

3.72

Kenya

13.28

South Africa

18.59

Vietnam

13.28

Zimbabwe

26.55

Persea americana

Any third country

2.66

Prunus

Argentina

39.83

Chile

5.31

Any third country in Europe

2.66

Morocco

26.55

Turkey

18.59

USA

26.55

Prunus other than prunus persica

South Africa

2.66

Pyrus

Argentina

7.97

Chile

7.97

China

26.55

Any third country in Europe

2.66

South Africa

5.31

Ribes

Any third country in Europe

2.66

Rubus

Any third country

2.66

Vaccinium

Argentina

13.28

Any third country in Europe

2.66

Vitis

Any third country

2.66

Vegetables

Solanum lycopersicon

Canary Islands

2.66

Morocco

2.66

Solanum melongena

Turkey

13.28”.

(9) Omit Schedule 3.

(10) For Schedule 4 substitute—

SCHEDULE 4

Regulation 5(1)

Plant health licence fees

In this Schedule—

“period 1” means the period ending on 31stMarch 2020;

“period 2” means the period beginning on 1st April 2020 and ending on 30th September 2020.

Column 1

Type of application or inspection

Column 2

Date of application

Column 3

Fee(£)

Application for a licence for scientific or trial purposes, other than—

—a licence in respect of the analysis of soil or other growing medium

—a licence for scientific or trial purposes covering 5 or more items

995.36

Application for a licence for scientific or trial purposes covering 5 or more items

995.36, plus 52.45 per item in excess of 5 items

Application for a licence in respect of the analysis of soil or other...

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