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Statutory Instruments of the Scottish Parliament
You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> The Plant Health (Import Inspection Fees) (Scotland) Regulations 2005 No. 216
URL: http://www.bailii.org/scot/legis/num_reg/2005/20050216.html
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| Made | 14th April 2005 | ||
| Laid before the Scottish Parliament | 14th April 2005 | ||
| Coming into force | 6th May 2005 |
The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972[1] and section 56(1) and (2) of the Finance Act 1973[2], hereby make the following Regulations:
Title, commencement and extent
1. - (1) These Regulations may be cited as the Plant Health (Import Inspection Fees) (Scotland) Regulations 2005 and shall come into force on 6th May 2005.
(2) These Regulations extend to Scotland only.
Interpretation
2. - (1) In these Regulations-
-
"consignment" has the same meaning as in Article 2(1)(p) of the Directive;
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"the Directive" means Council Directive 2000/29/EC[3] on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community as last amended by Commission Directive 2005/15/EC[4];
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"documentary check" has the same meaning as in Article 13a(1)(b)(i) of the Directive;
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"identity check" has the same meaning as in Article 13a(1)(b)(ii) of the Directive;
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"normal working hours" means any time between the hours of 6 a.m. to 5 p.m. on any day except a Saturday, Sunday, Easter Monday, 26th December if it is not a Saturday or Sunday, 27th December in a year in which 25th or 26th December is a Sunday or a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971[5];
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"plant" has the same meaning as in Article 2(1)(a) of the Directive;
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"plant health check" has the same meaning as in Article 13a(1)(b)(iii) of the Directive;
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"plant intended for planting" has the same meaning as in Article 2(1)(d) of the Directive;
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"plant product" has the same meaning as in Article 2(1)(b) of the Directive; and
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"third country" means a country or territory other than one within the European Community.
(2) A reference in these Regulations to anything done in writing or produced in written form includes a reference to an electronic communication, as defined in the Electronic Communications Act 2000[6], which has been recorded and is consequently capable of being reproduced.
Consignments to which Regulations apply
3.
These Regulations apply to consignments of plants, plant products and other objects of a description specified in the first column of Schedule 1, landed in Scotland from a third country in respect of which Article 13d(1) of the Directive requires Member States to collect phytosanitary fees to cover the costs occasioned by documentary checks, identity checks and plant health checks.
Fees
4.
- (1) An importer of a consignment to which these Regulations apply must pay to the Scottish Ministers the fees specified in this regulation.
(2) In respect of a plant health check carried out on any consignment of plants, plant products or other objects, other than a consignment of a plant or plant product to which paragraph (3) applies, the fee payable shall be-
-
(a) the fee specified in the third column of Schedule 1 in respect of a check carried out during normal working hours; or
(b) the fee specified in the fourth column of that Schedule in respect of a check carried out outside those hours.
(3) In respect of a plant health check carried out, or which, but for Article 13a(2) of the Directive (providing for checks to be carried out at reduced frequency), would have been required to be carried out, on a consignment of any plant or plant product listed in the first column of Schedule 2 and originating from a country listed in the third column of that Schedule, the fee payable, in accordance with Article 13d(2) of the Directive, shall be-
-
(a) the fee specified in the fourth column of Schedule 2 in respect of a check carried out during normal working hours; or
(b) the fee specified in the fifth column of that Schedule in respect of a check carried out outside those hours.
(4) In respect of a documentary check or an identity check carried out on any consignment the fee payable shall be that specified for that check in the third column of Schedule 3.
Mixed consignments
5.
Where a consignment to which these Regulations apply does not consist exclusively of plants, plant products or other objects coming within one description in the first column of Schedule 1, those parts thereof consisting of plants, plant products or other objects coming within other descriptions in the first column of that Schedule shall be treated as separate consignments and subject to separate fees under regulation 4.
Notification of consignments
6.
An importer of a consignment to which these Regulations apply must submit to the Scottish Ministers such information relating to the consignment, in writing and in such form as the Scottish Ministers may reasonably require, and such information must be submitted at least 48 hours before the consignment is landed in Scotland.
ROSS FINNIE
A member of the Scottish Executive
Pentland House, Edinburgh
14th April 2005
| Column 1 | Column 2 | Column 3 | Column 4 |
| Plant, plant product or other object | Quantity | Fee (normal working hours) | Fee (outside normal working hours) |
| Cuttings, seedlings (except forestry reproductive material), young plants of strawberries or of vegetables |
Per consignment - up to 10,000 in number - for each additional 1,000 units - maximum price |
£13.24 £0.52 £105.92 |
£19.86 £0.78 £158.88 |
| Shrubs, trees (other than cut Christmas trees), other woody nursery plants including forest reproductive material (other than seed) |
Per consignment - up to 1,000 in number - for each additional 100 units - maximum price |
£13.24 £0.33 £105.92 |
£19.86 £0.49 £158.88 |
| Bulbs, corms, rhizomes, tubers, intended for planting (other than tubers of potatoes) |
Per consignment - up to 200 kg of weight - for each additional 10 kg - maximum price |
£13.24 £0.12 £105.92 |
£19.86 £0.18 £158.88 |
| Seeds, tissue cultures |
Per consignment - up to 100 kg of weight - for each additional 10 kg - maximum price |
£5.67 £0.13 £105.92 |
£8.50 £0.19 £158.88 |
| Other plants intended for planting, not specified elsewhere in this Schedule |
Per consignment - up to 5,000 in number - for each additional 100 units - maximum price £13.24 £0.13 £105.92 |
£19.86 £0.19 £158.88 |
|
| Cut flowers |
Per consignment - up to 20,000 in number - for each additional 1,000 units - maximum price |
£13.24 £0.10 £105.92 |
£19.86 £0.15 £158.88 |
| Branches with foliage, parts of conifers (other than cut Christmas trees) |
Per consignment - up to 100 kg of weight - for each additional 100 kg - maximum price |
£13.24 £1.32 £105.92 |
£19.86 £1.98 £158.88 |
| Cut Christmas trees |
Per consignment - up to 1,000 in number - for each additional 100 units - maximum price |
£13.24 £1.32 £105.92 |
£19.86 £1.98 £158.88 |
| Leaves of plants, such as herbs, spices and leafy vegetables |
Per consignment - up to 100 kg of weight - for each additional 10 kg - maximum price |
£13.24 £1.32 £105.92 |
£19.86 £1.98 £158.88 |
| Fruits, vegetables (other than leafy vegetables) |
Per consignment - up to 25,000 kg of weight - for each additional 1,000 kg |
£13.24 £0.52 |
£19.86 £0.78 |
| Tubers of potatoes |
Per lot - up to 25,000 kg of weight - for each additional 25,000 kg |
£39.72 £39.72 |
£59.58 £59.58 |
| Soil and growing medium, bark |
Per consignment - up to 25,000 kg of weight - for each additional 1,000 kg - maximum price |
£13.24 £0.52 £105.92 |
£19.86 £0.78 £158.88 |
| Grain |
Per consignment - up to 25,000 kg of weight - for each additional 1,000 kg - maximum price |
£13.24 £0.52 £529.60 |
£19.86 £0.78 £794.40 |
| Other plants or plant products not specified elsewhere in this Schedule, except forest trees | Per consignment | £13.24 | £19.86 |
| Column 1 | Column 2 | Column 3 | Column 4 | Column 5 |
| Genus | Quantity | Country of origin | Fee (normal working hours) | Fee (outside normal working hours) |
| Cut flowers | ||||
| Aster |
Per consignment - up to 20,000 in number - for each additional 1,000 units - maximum price |
Zimbabwe Zimbabwe Zimbabwe |
£3.31 £0.02 £26.48 |
£4.96 £0.03 £39.72 |
| Dianthus |
Per consignment - up to 20,000 in number - for each additional 1,000 units - maximum price |
Colombia Ecuador Turkey Morocco Colombia Ecuador Turkey Morocco Colombia Ecuador Turkey Morocco |
£0.40 £1.98 £3.31 £3.31 £0.003 £0.01 £0.02 £0.02 £3.17 £15.88 £26.48 £26.48 |
£0.60 £2.97 £4.96 £4.96 £0.004 £0.015 £0.03 £0.03 £4.75 £23.82 £39.72 £39.72 |
| Rosa |
Per consignment - up to 20,000 in number - for each additional 1,000 units - maximum price |
Ecuador Kenya Uganda Zimbabwe Colombia Ecuador Kenya Uganda Zimbabwe Colombia Ecuador Kenya Uganda Zimbabwe Colombia |
£0.66 £0.66 £0.66 £0.66 £1.32 £0.005 £0.005 £0.005 £0.005 £0.01 £5.29 £5.29 £5.29 £5.29 £10.59 |
£0.99 £0.99 £0.99 £0.99 £1.98 £0.007 £0.007 £0.007 £0.007 £0.015 £7.94 £7.94 £7.94 £7.94 £15.89 |
| Fruit | ||||
| Malus |
Per consignment - up to 25,000 kg of weight - for each additional 1,000 kg |
Chile South Africa Argentina New Zealand Brazil China Chile South Africa Argentina New Zealand Brazil China |
£1.32 £1.32 £1.98 £1.98 £3.31 £0.05 £6.62 £0.05 £0.07 £0.07 £0.13 £0.26 |
£1.98 £1.98 £2.97 £2.97 £4.96 £9.93 £0.07 £0.07 £0.10 £0.10 £0.19 £0.39 |
| Mangifera |
Per consignment - up to 25,000 kg of weight - for each additional 1,000 kg |
Brazil South Africa Brazil South Africa |
£1.32 £6.62 £0.05 £0.26 |
£1.98 £9.93 £0.07 £0.39 |
| Prunus |
Per consignment - up to 25,000 kg of weight - for each additional 1,000 kg |
Chile South Africa Turkey Argentina Chile South Africa Turkey Argentina |
£1.32 £1.32 £1.32 £1.98 £0.05 £0.05 £0.05 £0.07 |
£1.98 £1.98 £1.98 £2.97 £0.07 £0.07 £0.07 £0.10 |
| Pyrus |
Per consignment - up to 25,000 kg of weight - for each additional 1,000 kg |
South Africa Argentina Chile China South Africa Argentina Chile China |
£1.32 £1.98 £3.31 £6.62 £0.07 £0.13 £0.26 |
£1.98 £2.97 £4.96 £9.93 £0.07 £0.10 £0.19 £0.39 |
| Citrus |
Per consignment - up to 25,000 kg of weight - for each additional 1,000 kg |
Morocco Turkey USA Israel Mexico Uruguay Morocco Turkey USA Israel Mexico Uruguay |
£0.66 £0.92 £1.32 £1.98 £1.98 £1.98 £0.02 £0.03 £0.05 £0.07 £0.07 £0.07 |
£0.99 £1.38 £1.98 £2.97 £2.97 £2.97 £0.03 £0.04 £0.07 £0.10 £0.10 £0.10 |
Where the total amount of any fee comprises an amount of less than £0.01, that amount shall be excluded.
| Column 1 | Column 2 | Column 3 |
| Check | Quantity | Fee |
| Documentary check | Per consignment | £5.29 |
| Identity check |
Per consignment - up to a size of a truck load, a railway wagon load or the load of a container of comparable size - bigger than the above size |
£5.29 £10.58 |
(This note is not part of the Regulations)
These Regulations which extend to Scotland only, come into force on 6th May 2005. They implement Article 13d of Council Directive 2000/29/EC, as last amended by Commission Directive 2005/15/EC ("the Directive") which requires Member States to ensure the collection of fees to cover the costs occasioned by the documentary checks, identity checks and plant health checks of certain imports of plants, plant products and other objects from third countries provided for in Article 13a(1) of the Directive.
Except where reduced import inspection fees apply, an importer is required to pay the fee specified in Schedule 1 for plant health checks carried out in respect of each consignment of plants and plant products landed in Scotland from a third country (regulation 4(1) and (2) and Schedule 1).
Schedule 2 specifies reduced import inspection fees which apply, whether or not an inspection is in fact carried out, in respect of plant health checks of certain cut flowers and fruits originating in the countries specified in that Schedule (regulation 4(3)). An importer is required to pay the fee specified in Schedule 3 for documentary checks and identity checks (regulation 4(4)).
Different types of plants, plant products or other objects contained within the same consignment shall be treated as separate consignments and subject to separate fees (regulation 5).
An importer must provide certain information concerning the consignment at least 48 hours before it is landed in Scotland (regulation 6).
No Regulatory Impact Assessment has been prepared in respect of these Regulations.
Notes:
[1] 1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46), Schedule 8, paragraph 15(3). The functions conferred upon the Minister of the Crown under section 2(2) of the European Communities Act 1972, in so far as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.back
[2] 1973 c.51. The reference to a Government department in section 56(1) is to be read as a reference to the Scottish Administration by virtue of article 2(2) of the Scotland Act (Consequential Modifications) (No. 2) Order 1999 (S.I. 1999/1820) and the functions of the Minister transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998. The requirement to obtain the consent of the Treasury was removed by section 55 of the Scotland Act 1998.back
[3] O.J. No. L 169, 10.7.00, p.1.back
[4] O.J. No. L 56, 2.3.2005, p.12.back
ISBN 0 11 069549 6