Title and commencement

1. The title of these Regulations are the Plant Health (Import Inspection Fees) (Wales) (Amendment) (No.2) Regulations 2007 and come into force–

(a) for the purposes of regulation 2(3), on 1 January 2008; and

(b) for all other purposes, on 18 December 2007

Amendments to the Plant Health (Import Inspection Fees) (Wales) (No. 2) Regulations 2006

2.–(1) The Plant Health (Import Inspection Fees) (Wales) (No. 2) Regulations 2006(3) are amended as follows.

(2) For regulation 3, substitute–

"3. These Regulations apply in relation to consignments of–

(a) plants, plant products and other objects of a description specified in the first column of Schedule 1 that are listed in Annex V, Part B of the Directive; and

(b) seeds of Solanaceae whether or not listed in Annex V, Part B of the Directive,

which are landed in Wales from a third country or are the subject of an agreement made under article 12(6) of the Plant Health (Wales) Order 2006(4).".

(3) For Schedule 2, substitute–

Regulation 4

"SCHEDULE 2 IMPORT INSPECTION FEES (REDUCED RATES)

Where the total amount of any fee comprises an amount of less than £0.01, that amount is to be excluded.".

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Plant Health (Import Inspection Fees) (Wales) (No. 2) Regulations 2006 (S.I. 2006/2832 (W.253)) ("the principal Regulations"). The principal Regulations implement Article 13d of Council Directive 2000/29/EC (OJ No. L 169, 10.7.00, p. 1), which requires Member States to charge 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.

These Regulations: (a) extend the application of the principal Regulations to consignments consisting of goods in transit within the European Community in respect of which the Welsh Ministers have agreed with the official body of point of entry for those goods, in accordance with the Plant Health (Wales) Order 2006 (S.I. 2006/1643 (W.158)), that they the Welsh Ministers would be responsible for certain matters; and (b) substitute a new Schedule 2 instead of the current one in the principal Regulations, to give effect to the latest agreed reduced rates for inspections of certain material. (Schedule 2 to the principal Regulations includes provision for reduced rates for certain plants and plant products agreed under the procedure provided for in Articles 13d(2) and 18(2) of the Directive.) The changes to the fees made by these Regulations, which are set at a proportion of the standard fee (described in Schedule 1 to the principal Regulations) corresponding to the rate of inspection, are based on the agreed inspection rates set out below:

A regulatory impact assessment was prepared in respect of the predecessor to the principal Regulations (S.I. 2006/171 (W.22)). This can be obtained from the Department for Environment, Planning and Countryside, Welsh Assembly Government, Cathays Park, Cardiff, CF10 3NQ.