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Scottish Statutory Instruments
2019 No. 28
Plant Health
The Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2019
Made
5th February 2019
Laid before the Scottish Parliament
7th February 2019
Coming into force
29th March 2019
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 56(1) and (2) of the Finance Act 1973(1) and all other powers enabling them to do so.
Citation, commencement and extent
1.-(1) These Regulations may be cited as the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2019 and come into force on 29 March 2019.
(2) These Regulations extend to Scotland only.
Amendment of the Plant Health (Import Inspection Fees) (Scotland) Regulations 2014
2. In the Plant Health (Import Inspection Fees) (Scotland) Regulations 2014(2) for schedule 2 (import inspection fees for applicable checks (reduced rates)), substitute-
Regulations 3 and 4(2)
"SCHEDULE 2REDUCED IMPORT INSPECTION FEES FOR PLANT HEALTH CHECKS
| Item | Product | Quantity | Country of Origin | Fees* | |
|---|---|---|---|---|---|
| Normal working hours | Outside normal working hours | ||||
| Cut Flowers | Aster | up to 20,000 in number | Zimbabwe | £37.50 | £57.00 |
| for each additional 1,000 units | £0.15 | £0.23 | |||
| maximum price | £132.00 | £246.00 | |||
| Dianthus | up to 20,000 in number | Colombia | £24.60 | £31.10 | |
| Ecuador, Turkey | £26.70 | £35.40 | |||
| Kenya | £24.90 | £31.80 | |||
| for each additional 1,000 units | Colombia | £0.01 | £0.01 | ||
| Ecuador, Turkey | £0.03 | £0.05 | |||
| Kenya | £0.01 | £0.02 | |||
| maximum price | Colombia | £28.40 | £38.70 | ||
| Ecuador, Turkey | £45.60 | £73.20 | |||
| Kenya | £31.20 | £44.40 | |||
| Phoenix | up to 20,000 in number | Costa Rica | £33.00 | £48.00 | |
| for each additional 1,000 units | £0.10 | £0.15 | |||
| maximum price | £96.00 | £174.00 | |||
| Rosa | up to 20,000 in number | Colombia | £24.60 | £31.10 | |
| Ecuador | £24.20 | £30.40 | |||
| Ethiopia | £24.90 | £31.80 | |||
| Kenya, Zambia | £25.80 | £33.60 | |||
| Tanzania | £33.00 | £48.00 | |||
| for each additional 1,000 units | Colombia | £0.01 | £0.01 | ||
| Ecuador | £0.01 | £0.01 | |||
| Ethiopia | £0.01 | £0.02 | |||
| Kenya, Zambia | £0.02 | £0.03 | |||
| Tanzania | £0.10 | £0.15 | |||
| maximum price | Colombia | £28.40 | £38.70 | ||
| Ecuador | £25.40 | £32.90 | |||
| Ethiopia | £31.20 | £44.40 | |||
| Kenya, Zambia | £38.40 | £58.80 | |||
| Tanzania | £96.00 | £174.00 | |||
| Fruit | Citrus | up to 25,000kg in weight | Egypt, Tunisia | £37.50 | £57.00 |
| Morocco, Turkey | £24.60 | £31.10 | |||
| Peru | £25.80 | £33.60 | |||
| USA | £28.50 | £39.00 | |||
| for each additional 1,000kg | Egypt, Tunisia | £0.60 | £1.13 | ||
| Morocco, Turkey | £0.03 | £0.05 | |||
| Peru | £0.08 | £0.15 | |||
| USA | £0.20 | £0.38 | |||
| Citrus limon, C. aurantiifolid | up to 25,000kg in weight | Israel | £28.50 | £39.00 | |
| for each additional 1,000kg | £0.20 | £0.38 | |||
| Malus | up to 25,000kg in weight | Argentina | £30.30 | £42.60 | |
| Brazil | £33.00 | £48.00 | |||
| Chile, South Africa | £24.90 | £31.80 | |||
| New Zealand | £25.80 | £33.60 | |||
| for each additional 1,000kg | Argentina | £0.28 | £0.53 | ||
| Brazil | £0.40 | £0.75 | |||
| Chile, South Africa | £0.04 | £0.08 | |||
| New Zealand | £0.08 | £0.15 | |||
| Mangifera | up to 25,000kg in weight | Brazil | £33.00 | £48.00 | |
| for each additional 1,000kg | £0.40 | £0.75 | |||
| Passiflora | up to 25,000kg in weight | Colombia | £25.30 | £32.60 | |
| Kenya, Vietnam | £28.50 | £39.00 | |||
| South Africa | £30.30 | £42.60 | |||
| Zimbabwe | £33.00 | £48.00 | |||
| for each additional 1,000kg | Colombia | £0.06 | £0.11 | ||
| Kenya, Vietnam | £0.20 | £0.38 | |||
| South Africa | £0.28 | £0.53 | |||
| Zimbabwe | £0.40 | £0.75 | |||
| Prunus | up to 25,000kg in weight | Argentina | £37.50 | £57.00 | |
| Chile | £25.80 | £33.60 | |||
| Morocco, USA | £33.00 | £48.00 | |||
| Turkey | £30.30 | £42.60 | |||
| for each additional 1,000kg | Argentina | £0.60 | £1.13 | ||
| Chile | £0.08 | £0.15 | |||
| Morocco, USA | £0.40 | £0.75 | |||
| Turkey | £0.28 | £0.53 | |||
| Prunus – other than. P. persica | up to 25,000kg in weight | South Africa | £24.90 | £31.80 | |
| for each additional 1,000kg | £0.04 | £0.08 | |||
| Pyrus | up to 25,000kg in weight | Argentina, Chile | £26.70 | £35.40 | |
| China | £33.00 | £48.00 | |||
| South Africa | £25.80 | £33.60 | |||
| for each additional 1,000kg | Argentina, Chile | £0.12 | £0.23 | ||
| China | £0.40 | £0.75 | |||
| South Africa | £0.08 | £0.15 | |||
| Vaccinium | up to 25,000kg in weight | Argentina | £28.50 | £39.00 | |
| for each additional 1,000kg | £0.20 | £0.38 | |||
| Vegetables | Solanum lycopersicon | up to 25,000kg in weight | Canary Islands, Morocco | £24.90 | £31.80 |
| £0.04 | £0.08 | ||||
| for each additional 1,000kg | |||||
| Solanum melongena | up to 25,000kg in weight | Turkey | £28.50 | £39.00 | |
| for each additional 1,000kg | £0.20 | £0.38 | |||
| *Fee includes: a documentary check; an identity check; travel costs (weekday/weekend based on average costs) and the cost of physical inspection, which depends on the type and size of import and the country of origin. | |||||
| 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.". | |||||
Revocation
3. Regulation 2 of the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2018(3) is revoked.
MAIRI GOUGEON
Authorised to sign by the Scottish Ministers
St Andrew's House,
Edinburgh
5th February 2019
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Plant Health (Import Inspection Fees) (Scotland) Regulations 2014 ("the principal Regulations").
Article 13d of Council Directive 2000/29/EC (OJ L 169, 10.7.2000, p.1) ("the Directive") 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. 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 plants and plant products which should be subject to reduced inspection and of the rate of such inspection. Regulation 2 substitutes schedule 2 of the principal Regulations to take 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.
The table provides a comparison of changes made to the fees in schedule 2 of the principal Regulations:
TABLE
| Genus | Country of origin | Previous rate of inspection | Previous fee(i) | New rate of inspection | New fee, specified in Schedule 2 |
|---|---|---|---|---|---|
(i) Initial fee per consignment for cut flowers (up to 20,000 in number) and fruit and vegetables (up to 25,000 kg in weight). Corresponding fees are set in the principal Regulations for additional quantities, maximum price per consignment and inspections carried out outside normal working hours. | |||||
(ii) Consignments subject to an inspection rate of 100% are excluded from the reduced rate inspection scheme and are subject to the import inspection fees specified in Schedule 1 to the principal Regulations. | |||||
| PART 1 | |||||
| Cut Flowers | |||||
| Phoenix | Costa Rica | 35% | £30.30 | 50% | £33.00 |
| Rosa | Ecuador | 3% | £24.60 | 1% | £24.20 |
| Rosa | Kenya | 5% | £24.90 | 10% | £25.80 |
| Rosa | Tanzania | 15% | £26.70 | 50% | £33.00 |
| Fruit | |||||
| Citrus | Egypt | 100% | £42.00 | 75% | £37.50 |
| Citrus | Morocco | 5% | £24.90 | 3% | £24.60 |
| Citrus | Tunisia | 100% | £42.00 | 75% | £37.50 |
| Citrus | USA | 15% | £26.70 | 25% | £28.50 |
| Malus | Brazil | 75% | £37.50 | 50% | £33.00 |
| Mangifera | Brazil | 100% | £42.00 | 50% | £33.00 |
| Passiflora | Vietnam | 35% | £30.30 | 25% | £28.50 |
| Prunus | Morocco | 25% | £28.50 | 50% | £33.00 |
| Prunus | USA | 25% | £28.50 | 50% | £33.00 |
| Vegetables | |||||
| Capsicum | Morocco | 5% | £24.90 | 100%(ii) | - |
| Momordica | Surinam | 35% | £30.30 | 100%(ii) | - |
| Solanum melongena | Kenya | 10% | £25.80 | 100%(ii) | - |
Regulation 3 revokes regulation 2 of the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2018.
No business and regulatory impact assessment has been prepared for this instrument as it has limited impact on the cost of business.
(1)
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 1998 (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 (c.46). The requirement to obtain the consent of the Treasury was removed by section 55 of the Scotland Act 1998. Section 56(1) was amended by article 6(1)(e) of the Treaty of Lisbon (Changes of Terminology) Order 2011 (S.I. 2011/1043).
(2)
S.S.I. 2014/338, as amended by S.S.I. 2015/392, S.S.I. 2017/6 and S.S.I. 2018/22.
(3)