The Plant Health (Import Inspection Fees) Regulations (Northern Ireland) 2019

Document Number:2019 No. 73
 
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Statutory Rules of Northern Ireland

Plant Health

Made

28 th March 2019

Coming into operation

29 th March 2019

The Department of Agriculture, Environment and Rural Affairs(1) makes the following Regulations, with the consent of the Department of Finance(2) , in exercise of the powers conferred by section 56(1) , (2) and (5) of the Finance Act 1973(3) and section 2(2) of the European Communities Act 1972(4).

The Department of Agriculture, Environment and Rural Affairs is designated for the purposes of section 2(2) in relation to the Common Agricultural Policy of the European Union(5).

Citation and commencement

  1. These Regulations may be cited as the Plant Health (Import Inspection Fees) Regulations (Northern Ireland) 2019 and shall come into operation on 29 th March 2019.

    Interpretation

  2. —(1) In these Regulations—

    “appropriate checks”, in relation to a consignment of notifiable material, means—

    an examination of the phytosanitary certificate or phytosanitary certificate for re-export accompanying the consignment to determine whether it is the correct phytosanitary certificate (“documentary check”);

    an examination of the consignment to determine whether it corresponds to its description in the trade documents that accompany it (“identity check”);

    an examination of the consignment and its packaging, and where necessary, the vehicle transporting the consignment, to determine whether it meets the prescribed requirements (“plant health check”);

    “consignment” means a quantity of goods covered by a single document required for customs formalities or for other formalities;

    “daytime working hours” means any time between the hours of 8.30 a.m. to 5.00 p.m. on any day except a Saturday, Sunday, or public holiday;

    “the Department” means the Department of Agriculture, Environment and Rural Affairs;

    “isolated bark” means bark which has been removed or become detached from a living, felled or fallen tree or from any part of such tree;

    “the Plant Health Order” means the Plant Health Order (Northern Ireland) 2018(6);

    “specified wood” means wood of a type listed in Schedule 5 , Part A, paragraph 2 or Part B, paragraph 1 to the Wood and Bark Order and wood listed in the first column of the Schedule to the Plant Health (Wood and Bark) (Phytophthora ramorum) Order (Northern Ireland) 2005(7);

    “third country” means a country or territory other than one within the United Kingdom;

    “trade documents” in relation to a consignment of notifiable relevant material, means the invoice, delivery note, consignment note or similar document which accompanies the consignment;

    “the Wood and Bark Order” means The Plant Health (Wood and Bark) Order (Northern Ireland 2006(8);

    “wood packaging material” means wood packaging material in the form of—

    packing cases;

    boxes;

    crates;

    drums and similar packings;

    pallets, box pallets and other load boards;

    pallet collars;

    dunnage, whether or not actually in use in the transport of objects of all kinds, except raw wood of 6 mm thickness or less;

    processed wood produced by glue, heat pressure or a combination thereof; or

    dunnage supporting consignments of wood, which is constructed from wood of the same type and quality as the wood...

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