Citation, commencement and extent

1.  (1)  These Regulations may be cited as the Plant Health (Import Inspection Fees) (Scotland) Regulations 2014 and come into force on 15th January 2015.

(2) These Regulations extend to Scotland only.

Interpretation

2.  (1)  In these Regulations-

"applicable checks" means the documentary check, identity check and plant health check which may be performed on a consignment, as described in Article 13a(1)(b) of the Directive;

"consignment" has the same meaning as in Article 2(1)(p) of the Directive;

"the Directive" means Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community(4);

"intended for planting" has, in relation to plants, the same meaning as in Article 2(1)(d) of the Directive;

"landed in Scotland" means introduced into Scotland by any means, including by post;

"normal working hours" means any time between the hours of 6 a.m. to 5 p.m. on any day except-

"plants" has the same meaning as in Article 2(1)(a) of the Directive;

"plant health check" has the same meaning as in Article 13a(1)(b)(iii) of the Directive;

"plant products" has the same meaning as in Article 2(1)(b) of the Directive; and

"third country" means a country or territory other than one within the European Union.

(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 section 15(1) of the Electronic Communications Act 2000(6), which has been recorded and is consequently capable of being reproduced.

Application of the import inspection fee

3.  (1)  In respect of applicable checks which are carried out on a consignment, or on such part of a consignment, to which this regulation applies, an importer must pay to the Scottish Ministers the fee specified in regulation 4.

(2) This regulation applies to a consignment, or to such part of a consignment, which-

(a)consists of-

(i)plants, plant products and other objects of a description specified in the second column of Schedule 1 and that are listed in Annex V, Part B of the Directive, as amended from time to time; or

(ii)seeds of Solanaceae(7); and

(b)is landed in Scotland from a third country or is the subject of an agreement made under article 12(6) of the Plant Health (Scotland) Order 2005(8).

Fees

4.  (1)  Except where paragraph (2) applies, the fee specified for applicable checks carried out-

(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) In the case of a consignment, or such part of a consignment, consisting of any plants or plant products listed in the second column of Schedule 2 and originating from a country listed in the fourth column of that Schedule, the fee specified for applicable checks carried out, or which, but for Article 13a(2) of the Directive (providing for checks to be carried out at reduced frequency(9)), would have been required to be carried out-

(a)during normal working hours, is the fee specified in the fifth column of Schedule 2 and corresponding to the relevant plants or plant products as described in the second column of that Schedule; or

(b)outside normal working hours, is the fee specified in the sixth column of Schedule 2 and corresponding to the relevant plants or plant products as described in the second column of that Schedule.

Additional fees in respect of Potatoes Originating in Egypt and Lebanon

5.  (1)  Where paragraph (2) or (3) applies, an importer must pay to the Scottish Ministers the fee specified in the fourth column of Schedule 3, in addition to any fee payable in accordance with regulations 3 and 4.

(2) This paragraph applies where potatoes originating in Egypt are landed in Scotland and a sample of those potatoes is taken in order to ascertain whether, for the purposes of point 5 of the Annex to Commission Implementing Decision 2011/787/EU authorising Member States temporarily to take emergency measures against the dissemination of Ralstonia solanacearum (Smith) Yabuuchi et al. as regards Egypt(10), those potatoes are infected with Ralstonia solanacearum (Smith) Yabuuchi et al..

(3) This paragraph applies where potatoes originating in Lebanon are landed in Scotland and a sample of those potatoes is taken in order to ascertain whether for the purposes of Article 4 of Commission Implementing Decision 2013/413/EU authorising Member States to provide for derogations from certain provisions of Council Directive 2000/29/EC in respect of potatoes, other than potatoes intended for planting, originating in the regions of Akkar and Bekaa of Lebanon(11), those potatoes are infected with Clavibacter michiganensis (Smith) Davis et al. ssp. sepedonicus (Spieckermann and Kotthoff) Davis et al..

Revocations

6.  (1)  Subject to paragraph (2), the following regulations are revoked:-

(a)regulation 6 of the Potatoes Originating in Egypt (Scotland) Regulations 2004(12);

(b)the Plant Health (Import Inspection Fees) (Scotland) Regulations 2005(13);

(c)the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2007(14);

(d)the Plant Health (Import Inspection Fees) (Scotland) Amendment (No. 2) Regulations 2007(15);

(e)the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2009(16);

(f)the Plant Health (Import Inspection Fees) (Scotland) Amendment (No. 2) Regulations 2009(17);

(g)the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2010(18); and

(h)the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2011(19).

(2) Despite paragraph (1), an importer must pay to the Scottish Ministers any fee which is payable under regulation 6 of the Potatoes Originating in Egypt (Scotland) Regulations 2004 or regulation 4 of the Plant Health (Import Inspection Fees) (Scotland) Regulations 2005 in respect of a consignment, or part of a consignment, which was landed in Scotland prior to the coming into force of these Regulations.

Regulations 3 and 4(1)

SCHEDULE 1IMPORT INSPECTION FEES FOR APPLICABLE CHECKS

Note: fees are rounded up to the nearest pound, with the exception of the additional quantity values which are rounded up to the nearest decimal point.

Regulations 3 and 4(2)

SCHEDULE 2IMPORT INSPECTION FEES FOR APPLICABLE CHECKS (REDUCED RATES)

Note: fees are rounded up to the nearest decimal point, with the exception of the additional quantity values, which are rounded up to the nearest penny.

Regulation 5

SCHEDULE 3ADDITIONAL FEES

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations implement Article 13d of Council Directive 2000/29/EC (OJ L 169, 10.7.2000, p.1) which requires a member State 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 which are required by Article 13a(1) of the Directive. These Regulations revoke and replace the Plant Health (Import Inspection Fees) (Scotland) Regulations 2005 (S.S.I. 2005/216) ("the 2005 Regulations"). These Regulations consolidate amendments made to the 2005 Regulations and also increase the level of the applicable fees. They also make provision for additional fees in respect of potatoes originating in Egypt or Lebanon.

Regulation 3 requires the payment of a fee for documentary, identity and plant health checks ("applicable checks") performed on consignments, or parts of consignments, consisting of plants, plant products and other objects, which are landed in Scotland from a country outside the European Union, or which are in transit within the Union and in respect of which the Scottish Ministers have agreed with the official body of the point of entry of those goods to be responsible for certain matters (under article 12(6) of the Plant Health (Scotland) Order 2005 (S.S.I. 2005/613). The fees are specified in regulation 4. Except where reduced import inspection fees apply (regulation 4(2)), an importer is required to pay the fee specified in Schedule 1 for applicable checks carried out on those consignments (regulation 3(1), 4(1) and Schedule 1). The fee in Schedule 1 is a single fee. In the 2005 Regulations, the fees for plant health checks, documentary checks and identity checks were prescribed separately. The fees prescribed in Schedule 1 to these Regulations are also higher than the fees prescribed in Schedule 1 to the 2005 Regulations.

Table A provides a comparison of the fees:-

Regulation 4(2) and Schedule 2 prescribe the reduced import inspection fees which apply (whether or not a plant health inspection is in fact carried out) in respect of applicable checks of certain cut flowers, fruits and vegetables originating in the countries specified in Schedule 2. The fee in Schedule 2 to these Regulations is a single fee. In the 2005 Regulations the documentary, identity and plant health checks were subject to separate fees. Pursuant to Article 2 of Commission Regulation (EC) 1756/2004 (OJ L 313, 12.10.2004, p.6) the European Commission notifies member States of the items which should be subject to reduced inspection and of the rate of such inspection. Schedule 2 takes account of the most recent Commission Notification on reduced inspection rates as published on the following Website: http://ec.europa.eu/food/plant/plant_health_biosafety/trade_non_eu/reduced_frequency_checks_en.htm.

Schedule 2 also increases the fees which are payable.

Table B provides a comparison of the fees:-

The Regulations also make provision for two additional fees in respect of sampling of potatoes. Regulations 5(1) and (2) and Schedule 3 prescribe a fee for the taking of samples of potatoes originating in Egypt in order to test for the presence of Ralstonia solanacearum (Smith) Yabuuchi et al., in accordance with point 5 of the Annex to Commission Implementing Decision (EU) No 787/2011 (OJ L 319, 02.12.2011, p.112). This fee was formerly prescribed by regulation 6 of the Potatoes Originating in Egypt (Scotland) Regulations 2004 (S.S.I. 2004/111). Regulation 7(1)(a) and (2) of these Regulations revokes that provision with savings.

Regulation 5(1) and (3) and Schedule 3 also introduce a fee for the taking of samples of potatoes originating in Lebanon in order to test for the presence of Clavibacter michiganensis (Smith) Davis et al. ssp. sepedonicus (Spieckermann and Kotthoff) Davis et al. in accordance with Article 4 of Commission Implementing Decision (EU) No 413/2013 (OJ L 205, 01.08.2013, p.13).

Regulation 6 revokes the 2005 Regulations, and subsequent amending regulations, with savings.

A business and regulatory impact assessment has been prepared, and placed in the Scottish Parliament Information Centre. A copy can be obtained from the Scottish Government Agriculture, Food and Rural Communities Directorate, Saughton House, Broomhouse Drive, Edinburgh, EH11 3XD.