Statutory Instruments
2013 No. 494
Plant Health, England
The Plant Health (Fees) (England) Regulations 2013
Made
4th March 2013
Laid before Parliament
7th March 2013
Coming into force
6th April 2013
The Secretary of State makes these Regulations, with the consent of the Treasury, in exercise of the powers conferred by section 56(1) and (2) of the Finance Act 1973( 1 ).
Title, application, commencement and interpretation
1. —(1) These Regulations may be cited as the Plant Health (Fees) (England) Regulations 2013, apply in England only and come into force on 6th April 2013.
(2) In these Regulations—
(a) “the Directive” means Council Directive 2 ); and
(b) “the PHO” means the Plant Health (England) Order 2005( 3 ).
(3) Terms used in these Regulations which are also used in the Directive have the meaning they have in the Directive.
Import inspection fees
2. —(1) This regulation applies in relation to consignments of—
(a) plants, plant products and other objects of a description specified in column 1 of Schedule 1 that are listed in Part B of Annex V to the Directive, and
(b) seeds of Solanaceae whether or not listed in that Part,
that are introduced into England from a country or territory other than one within the European Union or are the subject of an agreement made under article 12(6) of the PHO.
(2) Upon import of a consignment to which this regulation applies, an importer must pay to the Secretary of State—
(a) the fee specified—
(i) in column 3 of Schedule 1 in respect of a consignment of a plant, plant product or other object listed in column 1 of that Schedule, other than a consignment of a plant or plant product to which paragraph (ii) of this sub-paragraph applies, or
(ii) in column 4 of Schedule 2 in respect of a consignment of a plant or plant product listed in column 1 of that Schedule and originating from a country listed in column 3 of that Schedule; and
(b) the fees specified in column 3 of Schedule 3 for a documentary check and an identity check.
(3) But where, at the request of an importer or any other person responsible for the consignment, a plant health check is carried out on a consignment outside daytime working hours, the fee payable under paragraph (2)(a) in respect of that consignment is—
(a) the fee specified in column 4 of Schedule 1 if the consignment is a consignment to which paragraph (2)(a)(i) applies; or
(b) the fee specified in column 5 of Schedule 2 if the consignment is a consignment to which paragraph (2)(a)(ii) applies.
(4) In this regulation “daytime working hours” means any time between the hours of 8.30 a.m. and 5.00 p.m. on any day except a Saturday, Sunday, Christmas Day, Good Friday or a day which is a bank holiday in England under the Banking and Financial Dealings Act 1971( 4 ).
Seed potatoes: fees
3. —(1) The fees specified in Schedule 4 are payable in respect of the functions specified in column 1 of that Schedule, which relate to an application for—
(a) certification of seed potatoes in accordance with regulation 9 of the Seed Potatoes Regulations;
(b) an authorisation to market seed potatoes in accordance with regulation 8 of those Regulations.
(2) The fee payable in respect of a function is subject to any minimum fee specified in column 3 of Schedule 4 in relation to that function.
(3) The fee in respect of a function specified in Schedule 4 must be paid to the Secretary of State or to any person authorised by the Secretary of State to carry out that function under the Seed Potatoes Regulations on behalf of the Secretary of State.
(4) In this regulation “the Seed Potatoes Regulations” means the Seed Potatoes (England) Regulations 2006( 5 ).
Plant health licence fees
4. —(1) Fees payable under this regulation relate to a licence described in article 40 or 41 of the PHO.
(2) In respect of an application or inspection of a type described in column 2 of Schedule 5, a person must pay to the Secretary of State the fee specified in column 3 of that Schedule in relation to that type of application or inspection.
Plant passport authorisation fees
5. —(1) The fee specified in paragraph (2) must be paid to the Secretary of State in respect of an inspection (which may include an inspection of business records) carried out in connection with—
(a) an application for an authority; or
(b) ensuring compliance with any requirements imposed on the holder of an authority.
(2) The fee is £38.05( 6 ) for each quarter of an hour or part of quarter of an hour (including time spent on an inspection, on travelling and on associated administration), subject to a minimum fee of £76.10( 7 ) per visit.
(3) In this regulation “authority” means an authority to issue plant passports conferred under article 8 of the Plant Health ( Phytophthora ramorum) (England) Order 2004( 8 ) or article 29 of the PHO.
Potatoes originating in Egypt: fees
6. —(1) Where an inspector takes a sample of potatoes originating in Egypt in order to ascertain whether, for the purposes of paragraph 5 of the Annex to the Decision, those potatoes are infected with Ralstonia solanacearum (Smith) Yabuuchi et al., the importer must pay to the Secretary of State £117.36( 9 ) in respect of each lot sampled.
(2) In this regulation “the Decision” means 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 ).
Revocation
7.The Plant Health (Fees) (England) Regulations 2012( 11 ) are revoked.
de Mauley
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
27th February 2013
We consent
Desmond Swayne
David Evennett
Two of the Lords Commissioners of Her Majesty’s Treasury
4th March 2013
Regulation 2(1)(a), (2)(a)(i) and (3)(a)
SCHEDULE 1 Import Inspection Fees
Column 1 Plant, plant product or other object | Column 2 Quantity | Column 3 Fee for each consignment (daytime working hours) (£) | Column 4 Fee for each consignment (non-daytime working hours) (£) |
|---|---|---|---|
| Cuttings, seedlings (except forestry reproductive material), young plants of strawberries or of vegetables | up to 10,000 in number | 49.66 | 74.50 |
| each additional 1,000, or part thereof | 1.98, up to a maximum of 397.31 | 2.97, up to a maximum of 595.97 | |
| Shrubs, trees (other than cut Christmas trees), other woody nursery plants including forest reproductive material (other than seed) | up to 1,000 in number | 49.66 | 74.50 |
| each additional 100, or part thereof | 1.22, up to a maximum of 397.31 | 1.83, up to a maximum of 595.97 | |
| Bulbs, corms, rhizomes, tubers, intended for planting (other than tubers of potatoes) | up to 200 kg | 49.66 | 74.50 |
| each additional 10 kg, or part thereof | 0.45, up to a maximum of 397.31 | 0.68, up to a maximum of 595.97 | |
| Seeds, tissue cultures | up to 100 kg | 21.28 | 31.93 |
| each additional 10 kg, or part thereof | 0.49, up to a maximum of 397.31 | 0.73, up to a maximum of 595.97 | |
| Other plants intended for planting, not specified elsewhere in this Schedule | up to 5,000 in number | 49.66 | 74.50 |
| each additional 100, or part thereof | 0.49, up to a maximum of 397.31 | 0.73, up to a maximum of 595.97 | |
| Cut flowers | up to 20,000 in number | 49.66 | 74.50 |
| each additional 1,000, or part thereof | 0.38, up to a maximum of 397.31 | 0.57, up to a maximum of 595.97 | |
| Branches with foliage, parts of conifers (other than cut Christmas trees) | up to 100 kg | 49.66 | 74.50 |
| each additional 100 kg, or part thereof | 4.94, up to a maximum of 397.31 | 7.41, up to a maximum of 595.97 | |
| Cut Christmas trees | up to 1,000 in number | 49.66 | 74.50 |
| each additional 100, or part thereof | 4.94, up to a maximum of 397.31 | 7.41, up to a maximum of 595.97 | |
| Leaves of plants, such as herbs, spices and leafy vegetables | up to 100 kg | 49.66 | 74.50 |
| each additional 10 kg, or part thereof | 4.94, up to a maximum of 397.31 | 7.41, up to a maximum of 595.97 | |
| Fruits, vegetables (other than leafy vegetables) | up to 25,000 kg | 49.66 | 74.50 |
| each additional 1,000 kg, or part thereof | 1.98 | 2.97 | |
| Tubers of potatoes | up to 25,000 kg | 148.99 (for each lot) | 223.49 (for each lot) |
| each additional 25,000 kg, or part thereof | 148.99 (for each lot) | 223.49 (for each lot) | |
| Soil and growing medium, bark | up to 25,000 kg | 49.66 | 74.50 |
| each additional 1,000 kg, or part thereof | 1.89, up to a maximum of 397.31 | 2.97, up to a maximum of 595.97 | |
| Grain | up to 25,000 kg | 49.66 | 74.50 |
| each additional 1,000 kg, or part thereof | 1.98, up to a maximum of 1986.56 | 2.97, up to a maximum of 2979.84 | |
| Other plants or plant products not specified elsewhere in this Schedule, except forest trees | each consignment | 49.66 | 74.50 |
Regulation 2(2)(a)(ii) and (3)(b)
SCHEDULE 2 Import Inspection Fees: Reduced Rates
Column 1 Genus | Column 2 Quantity | Column 3 Country of origin | Column 4 Fee for each consignment (daytime working hours) (£) | Column 5 Fee for each consignment (non-daytime working hours) (£) |
|---|---|---|---|---|
| Cut Flowers | ||||
| Aster | up to 20,000 in number | Zimbabwe | 37.24 | 55.87 |
| each additional 1,000 or part thereof | Zimbabwe | 1.48, up to a maximum of 297.98 | 2.22, up to a maximum of 446.97 | |
| Dianthus | up to 20,000 in number | Colombia | 2.48 | 3.72 |
| Ecuador | 4.96 | 7.45 | ||
| Kenya | 2.48 | 3.72 | ||
| Turkey | 12.42 | 18.62 | ||
| each additional 1,000 or part thereof | Colombia | 0.02, up to a maximum of 19.87 | 0.03, up to a maximum of 29.80 | |
| Ecuador | 0.04, up to a maximum of 39.72 | 0.07, up to a maximum of 59.58 | ||
| Kenya | 0.02, up to a maximum of 19.87 | 0.03, up to a maximum of 29.80 | ||
| Turkey | 0.10, up to a maximum of 99.36 | 0.16, up to a maximum of 149.04 | ||
| Rosa | up to 20,000 in number | Colombia | 1.43 | 2.14 |
| Ecuador | 1.43 | 2.14 | ||
| Ethiopia | 4.96 | 7.41 | ||
| Kenya | 2.48 | 3.72 | ||
| Tanzania | 4.96 | 7.42 | ||
| Uganda | 12.42 | 18.62 | ||
| Zambia | 12.42 | 18.62 | ||
| each additional 1,000 or part thereof | Colombia | 0.01, up to a maximum of 11.89 | 0.01, up to a maximum of 17.84 | |
| Ecuador | 0.01, up to a maximum of 11.89 | 0.01, up to a maximum of 17.84 | ||
| Ethiopia | 0.04, up to a maximum of 39.72 | 0.06, up to a maximum of 59.58 | ||
| Kenya | 0.02, up to a maximum of 19.87 | 0.03, up to a maximum of 29.80 | ||
| Tanzania | 0.04, up to a maximum of 39.72 | 0.07, up to a maximum of 59.58 | ||
| Uganda | 0.07, up to a maximum of 99.36 | 0.10, up to a maximum of 149.04 | ||
| Zambia | 0.07, up to a maximum of 99.36 | 0.10, up to a maximum of 149.04 | ||
| Branches with foliage | ||||
| Phoenix | up to 100 kg | Costa Rica | 17.35 | 26.03 |
| each additional 100 kg or part thereof | Costa Rica | 1.70, up to a maximum of 139.05 | 2.56, up to a maximum of 208.57 | |
| Fruit | ||||
| Citrus | up to 25,000 kg | Egypt | 7.45 | 11.17 |
| Israel | 4.96 | 7.41 | ||
| Mexico | 7.45 | 11.17 | ||
| Morocco | 2.48 | 3.72 | ||
| Peru | 12.42 | 18.62 | ||
| Tunisia | 12.42 | 18.62 | ||
| Turkey | 1.46 | 2.19 | ||
| Uruguay | 7.45 | 11.17 | ||
| USA | 7.45 | 11.17 | ||
| each additional 1,000 kg or part thereof | Egypt | 0.28 | 0.42 | |
| Israel | 0.21 | 0.31 | ||
| Mexico | 0.28 | 0.42 | ||
| Morocco | 0.07 | 0.10 | ||
| Peru | 0.49 | 0.73 | ||
| Tunisia | 0.49 | 0.73 | ||
| Turkey | 0.03 | 0.05 | ||
| Uruguay | 0.28 | 0.42 | ||
| USA | 0.28 | 0.42 | ||
Malus | up to 25,000 kg | Argentina | 4.96 | 7.41 |
| Brazil | 12.42 | 18.62 | ||
| Chile | 2.47 | 3.70 | ||
| New Zealand | 4.96 | 7.41 | ||
| South Africa | 2.47 | 3.70 | ||
| USA | 17.38 | 26.07 | ||
| each additional 1,000 kg or part thereof | Argentina | 0.21 | 0.31 | |
| Brazil | 0.49 | 0.74 | ||
| Chile | 0.07 | 0.10 | ||
| New Zealand | 0.21 | 0.31 | ||
| South Africa | 0.07 | 0.10 | ||
| USA | 0.69 | 1.03 | ||
| Passiflora | up to 25,000 kg | Colombia | 4.94 | 7.41 |
| Kenya | 4.94 | 7.41 | ||
| South Africa | 24.83 | 37.25 | ||
| Zimbabwe | 24.83 | 37.25 | ||
| each additional 1,000 kg or part thereof | Colombia | 0.17 | 0.26 | |
| Kenya | 0.17 | 0.26 | ||
| South Africa | 0.97 | 1.46 | ||
| Zimbabwe | 0.97 | 1.46 | ||
| Prunus | up to 25,000 kg | Argentina | 24.83 | 37.25 |
| Chile | 4.96 | 7.41 | ||
| Morocco | 24.83 | 37.25 | ||
| South Africa | 4.96 | 7.41 | ||
| Turkey | 7.44 | 11.17 | ||
| USA | 7.44 | 11.17 | ||
| each additional 1,000 kg or part thereof | Argentina | 0.97 | 1.46 | |
| Chile | 0.17 | 0.26 | ||
| Morocco | 0.97 | 1.46 | ||
| South Africa | 0.17 | 0.26 | ||
| Turkey | 0.29 | 0.44 | ||
| USA | 0.29 | 0.44 | ||
| Pyrus | up to 25,000 kg | Argentina | 4.96 | 7.41 |
| Chile | 12.42 | 18.62 | ||
| China | 24.83 | 37.25 | ||
| South Africa | 4.96 | 7.41 | ||
| each additional 1,000 kg or part thereof | Argentina | 0.17 | 0.26 | |
| Chile | 0.49 | 0.73 | ||
| China | 0.97 | 1.46 | ||
| South Africa | 0.17 | 0.26 | ||
| Vaccinium | up to 25,000 kg | Argentina | 11.74 | 17.61 |
| each additional 1,000 kg or part thereof | Argentina | 0.47 | 0.71 | |
| Vegetables | ||||
| Momordica | up to 25,000 kg | Surinam | 24.83 | 37.25 |
| each additional 1,000 kg or part thereof | Surinam | 0.97 | 1.46 | |
| Solanum melongena | up to 25,000 kg | Kenya | 4.96 | 7.41 |
| Turkey | 4.96 | 7.41 | ||
| each additional 1,000 kg or part thereof | Kenya | 0.17 | 0.26 | |
| Turkey | 0.17 | 0.26 | ||
Regulation 2(2)(b)
SCHEDULE 3 Import Inspection Fees: Documentary and Identity Checks
Column 1 Check | Column 2 Quantity | Column 3 Fee (£) |
|---|---|---|
| Documentary | each consignment | 4.31 |
| Identity | each consignment up to the size of a truck load, a railway wagon load or the load of a container of comparable size | 4.31 |
| each consignment bigger than the above size | 8.62 |
Regulation 3
SCHEDULE 4 Seed Potatoes: Fees
Column 1 Function | Column 2 Fee (1) (£) | Column 3 Minimum fee (£) | |
|---|---|---|---|
(1) Of the rates listed in this column and in column 3, those that are marked with an asterisk are per hour or part of an hour, and those not so marked are per half-hectare or part of half-hectare. | |||
| Inspection of growing crops and provision of labels and seals in respect of applications | |||
| Certification as pre-basic seed potato | 129.84* | n/a | |
| Certification as basic seed potato, classified as: | super elite 1, super elite 2 or super elite 3 | 64.92 | 129.84 |
| elite 1, elite 2 or elite 3 | 64.92 | 129.84 | |
| A | 61.71 | 123.43 | |
| Certification as certified seed potato | 56.10 | 112.20 | |
| Authorisation to market seed potatoes | 129.84* | n/a | |
| Inspection of harvested tubers | |||
| Up to two inspections | 19.24 | 38.47 | |
| Third and subsequent inspections | 129.84* | n/a | |
Regulation 4(2)
SCHEDULE 5 Plant Health Licence Fees
Column 1 Item | Column 2 Type of application or inspection | Column 3 Fee (£) |
|---|---|---|
| 1 | Application for a licence other than a licence covered by item 2 or 3 | 793.03 |
| 2 | Application for a licence in respect of soil or other growing medium for analysis | 572.02 |
| 3 | Application for a licence for scientific or trial purposes covering 5 or more types of article | 793.03, plus 31.20 per type of article in excess of 5 |
| 4 | Application for renewal or variation of a licence with changes requiring scientific or technical assessment | 260.01 |
| 5 | Application for renewal of a licence with no changes, or for renewal or variation of a licence with only minor changes requiring no scientific or technical assessment | 31.20 |
| 6 | Inspection and associated activities (including travelling time and office time) for monitoring compliance with licence terms and conditions | 42.75 per hour or part of an hour |
1973 c.51 . Subsection (1) was amended by S.I. 2011/1043 , article 6(1)(e).
OJ No L 169, 10.7.2000, p.1, as last amended by Commission Directive 2010/1/EU (OJ No L 7, 12.1.2010, p.17).
S.I. 2005/2530 ; relevant amending instruments are S.I. 2006/2307 , 2008/2411 , 2011/1043 and 2012/2922 .
1971 c.80 ; see section 1 and Schedule 1.
S.I. 2006/1161 , amended by S.I. 2008/560 , 2009/2342 and 2010/1511 .
The equivalent fee payable under regulation 5(2) of the Plant Health (Fees) (England) Regulations 2012 ( S.I. 2012/745 ) before commencement of these Regulations was £31.50.
The equivalent minimum fee payable under regulation 5(2) of the of the Plant Health (Fees) (England) Regulations 2012 before commencement of these Regulations was £63.00.
S.I. 2004/2590 , to which there are amendments not relevant to these Regulations.
The equivalent fee payable under regulation 6(1) of the Plant Health (Fees) (England) Regulations 2012 before commencement of these Regulations was £87.80.
OJ No L 319, 2.12.2011, p.112.