Statutory Instruments
2015 No. 350
Plant Health, England
Plant Health, Scotland
The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015
Made
23rd February 2015
Laid before Parliament
25th February 2015
Coming into force
6th April 2015
Title, commencement and application
1. These Regulations—
(a) may be cited as the Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015;
(b) come into force on 6th April 2015; and
(c) apply in relation to England and Scotland only.
Interpretation: England
1A.—(1) In these Regulations, insofar as they apply in relation to England—
“ approved place of inspection ” has the meaning given in regulation 13(10) of the Official Controls (Plant Health) Regulations 2019 ;
“ controlled consignment ” means a consignment which—
is introduced into England from a third country; and
consists of, or includes, isolated bark or wood of a type that is described in Part A of Annex 11, or Annex 12, to Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants;
“ the ... Plant Health Regulation ” means Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants;
“ FC remedial notice ” means a notice served by a plant health inspector under regulation 10 or 15(1) or (2) of the Official Controls (Plant Health) Regulations 2019;
“ licence ” means—
a licence referred to in regulation 51(1) of the Official Controls (Plant Health) Regulations 2019 that has been granted by the Forestry Commissioners; or
an authorisation described in regulation 20(1)(a) or (b)(i) or 21(1)(a) or (b) of the Official Controls (Plant Health) Regulations 2019 and granted by the Forestry Commissioners;
“ the Official Controls (Plant Health) Regulations 2019 ” means the Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019;
...
“ plant health inspector ” means an official plant health officer appointed by the Forestry Commissioners for the purposes of the Official Controls (Plant Health) Regulations 2019;
“ plant passport authority ” means an authorisation described in Article 89(1) of the ... Plant Health Regulation and granted by the Forestry Commissioners ;
“professional operator” means any person, governed by public or private law, involved professionally in, and legally responsible for, one or more of the following activities concerning plants, plant products and other objects—
planting;
breeding;
production, including growing, multiplying and maintaining;
introduction into, and movement within and out of Northern Ireland;
making available on the market;
storage, collection, dispatching and processing.
...
...
“ remedial work ” means any steps taken by a person for the purposes of complying with a FC remedial notice, or by a plant health inspector under regulation 16(1) of the Official Controls (Plant Health) Regulations 2019 ;
“ WPM authorisation ” means an authorisation described in Article 98(1) of the ... Plant Health Regulation and granted by the Forestry Commissioners .
(2) Words and expressions which are not defined in these Regulations and which appear in the ... Plant Health Regulation or in Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products have the same meaning in these Regulations as they have in the ... instrument in question.
Interpretation : Scotland
2. —(1) In these Regulations—
“approved place of inspection” has the meaning given in regulation 13 of Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 ;
“ controlled consignment ” means a consignment which—
is introduced into Scotland from a third country;
consists of, or includes, isolated bark, or wood of a type that is described in Part A of Annex 11, or Annex 12, to the Phytosanitary Conditions Regulation, as amended from time to time, other than wood packaging material which is actually in use in the transport of objects of all kinds,
...
...
...
...
“licence” means—
a licence referred to in regulation 50(1) of the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 that has been granted by the Scottish Ministers; or
an authorisation described in regulation 20(1)(a) or (b) or (21)(1) of the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019;
“ the Official Controls Regulation ” means Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001 , (EC) No 396/2005 , (EC) No 1069/2009 , (EC) No 1107/2009 , (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC , 1999/74/EC , 2007/43/EC , 2008/119/EC and 2008/120/EC , and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC , 89/662/EEC , 90/425/EEC , 91/496/EEC , 96/23/EC , 96/93/EC and 97/78/EC and Council Decision 92/438/EEC , insofar as it applies to rules referred to Article 1(2)(g) of that Regulation;”;
“the Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC , 74/647/EEC , 93/85/EEC , 98/57/EC , 2000/29/EC , 2006/91/EC and 2007/33/EC ,
...
“plant health inspector” means an official plant health officer appointed by the Forestry Commissioners for the purposes of the Plant Health (Official Controls and Miscellaneous Provisions)(Scotland) Regulations 2019;
...
...
“plant passport authority” means an authorisation described in Article 89(1) of the ... Plant Health Regulation granted by the Scottish Ministers;
“remedial notice” means a notice served by a plant health inspector under regulation 10(2) or 15(1) or (2) of the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019;
“remedial work” means any steps taken by a person for the purposes of complying with a remedial notice, or by a plant health inspector under regulation 16(1) of the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019;
“WPM authorisation” means an authorisation referred to in Article 98(1) of the ... Plant Health Regulation and granted by the Scottish Ministers.
(2) Words and expressions which are not defined in these Regulations and which appear in the ... Plant Health Regulation or the Official Controls Regulation have the same meaning in these Regulations as they have in the ... Plant Health Regulation or the Official Controls Regulation .
Fees
3. —(1) In relation to England, fees payable under this regulation are payable to the Forestry Commissioners.
(1A) In relation to Scotland, fees payable under this regulation are payable to the Scottish Ministers.
(2) The fee payable for an inspection and associated activities carried out by, or on behalf of Scottish Ministers in connection with the granting, variation, or suspension of a plant passport authority or for monitoring compliance with that authority is specified in Schedule 1.
(3) The fee payable in connection with an application for a licence (including an application for an extension or variation of a licence), for an inspection and associated activities in connection with an application for a licence or for monitoring compliance with the terms and conditions of a licence is specified in Schedule 2.
(4) The importer of a controlled consignment must pay—
(a) in the case of a physical check in respect of the consignment, the fee specified for the relevant type of consignment in item 1 or 2 of the table in Schedule 3;
(b) in the case of a documentary check in respect of the consignment, the fee specified in item 1 of the table in Schedule 4;
(c) in the case of an identity check in respect of the consignment, the fee specified in item 2 of the table in Schedule 4.
(5) Where, at the request of an importer of a controlled consignment, a physical check is carried out on the consignment at an approved place of inspection, the importer must pay the fee of £30 for each visit made by an inspector in the course of conducting the physical check at the approved place of inspection, in addition to the fee payable under paragraph (4)(a).
(5A) Subject to paragraph (5C), fee payable in connection with an application to the Forestry Commissioners for a phytosanitary certificate for export or phytosanitary certificate for re-export is the fee specified in Schedule 4A.
(5B) The fee payable in connection with an application to the Forestry Commissioners for a WPM authorisation is the fee specified in Schedule 4B.
(5A) Subject to paragraph (5AA), the fee payable in connection with an application to the Scottish Ministers for a phytosanitary certificate or phytosanitary certificate for re-export is the fee specified in schedule 5A.
(5AA) The fee for a phytosanitary certificate or phytosanitary certificate for re-export specified in schedule 5A is not payable in relation to a consignment to be transported to Northern Ireland—
(a) by a person acting otherwise than in the course of a business, where the consignment is not to be placed on the market, or
(b) for delivery to—
(i) a professional operator whose principal place of business is in Northern Ireland, or
(ii) any person resident in Northern Ireland, where the consignment is not to be placed on the market or used for the purposes of any business.
(5BB) Paragraph (5AA) ceases to have effect at the end of 30 June 2025
(5B) The fee payable in connection with an application to the Scottish Ministers for an authorisation referred to in Article 98(1) of the EU Plant Health Regulation is the fee specified in schedule 5B.
(5C) The fee specified in Schedule 4A is not payable in respect of a consignment to be transported to Northern Ireland—
(a) by a person acting otherwise than in the course of a business, where the consignment is not to be placed on the market; or
(b) for delivery to—
(i) a professional operator whose principal place of business is in Northern Ireland; or
(ii) any person resident in Northern Ireland, where the consignment is not to be placed on the market or used for the purposes of any business.
(5D) Paragraph (5C) ceases to have effect at the end of 3 30th June 2025 .
(6) The person on whom a remedial notice is served or who is given notice under regulation 16 of the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 must pay the fee specified in Schedule 5 for the carrying out or the monitoring by an inspector of remedial work and associated activities in connection with a controlled consignment.
(6A) The person on whom a FC remedial notice is served or who is given notice under regulation 16(1) of the Official Controls (Plant Health) Regulations 2019 must pay the fee specified in Schedule 5 for the carrying out or the monitoring by a plant health inspector of remedial work and associated activities in connection with a controlled consignment.
Revocations
4. The following Regulations are revoked—
(a) the Plant Health (Fees) (Forestry) Regulations 2006( 3 );
(b) the Plant Health (Fees) (Forestry) (Amendment) Regulations 2008( 4 );
(c) the Plant Health (Fees) (Forestry) (Amendment) Regulations 2009( 5 );
(d) the Plant Health (Fees) (Forestry) (Amendment) Regulations 2010( 6 ); and
(e) the Plant Health (Fees) (Forestry) (Amendment) (England and Scotland) Regulations 2014( 7 ).
Sealed with the official seal of the Forestry Commissioners
Wilma Harper
Secretary to the Forestry Commissioners
Regulation 3(2)
SCHEDULE 1 Fees for inspections in connection with a plant passport authority
| Type of inspection | Fee |
|---|---|
Inspection and associated activities (including travelling and office time) in connection with granting, variation or suspension of a plant passport authority or for monitoring compliance with that authority— | |
(a) up to and including the first hour | £49.50 |
(b) thereafter, for each additional 15 minutes or part thereof | £12.38 |
| Type of inspection | Fee |
|---|---|
| Inspection and associated activities (including travelling and office time) in connection with the granting, variation or suspension of a plant passport authority or for monitoring compliance with that authority— | |
(f) up to and including the first hour; | £49.50 |
(g) thereafter, for each additional 15 minutes or part thereof | £12.38 |
Regulation 3(3)
SCHEDULE 2 Fees in connection with licences
| Item | Type of application or inspection | Fee |
|---|---|---|
| 1. | Application for a licence | £305 |
| 2. | Application for an extension or variation of a licence with changes requiring scientific or technical assessment | £100 |
| 3. | Application for an extension of a licence with no changes or for an extension or variation of a licence with changes not requiring scientific or technical assessment | £12 |
| 4. | Inspection and associated activities (including travelling and office time) in connection with item 1, 2 or 3 or for monitoring compliance with licence terms and conditions— (h) up to and including the first hour; | £37 |
(i) thereafter, for each additional 15 minutes or part thereof | £9.25 |
Regulation 3(4)(a)
SCHEDULE 3 Fees for physical check
| Item | Description of relevant material in consignment subject to a physical check | Unit | Fee |
|---|---|---|---|
| 1. | Isolated bark, wood shavings, wood chips or sawdust | Per consignment —up to 25000kg | £31.20 |
| —for each additional 1000kg or part thereof | £0.49 | ||
| Up to a maximum fee of £98 per consignment | |||
| 2. | Wood (other than wood in the form of isolated bark, wood shavings, wood chips or sawdust) | Per consignment —up to 100m³ | £31.20 |
| —for each additional m³ or part thereof | £0.25 |
Regulation 3(4)(b) and (c)
SCHEDULE 4 Fees for documentary checks and identity checks
| Item | Type of check | Unit | Fee |
|---|---|---|---|
| 1. | Documentary check | Per consignment | £7.20 |
| 2. | Identity check | Per consignment —for each load of up to 30m³ forming part of the consignment contained in one truck, railway wagon or comparable container | £7.20 |
| —for each bulk load of less than 100m³ | £7.20 | ||
| —for each bulk load of 100m³ or more | £14.40 |
Regulation 3(5A)
SCHEDULE 4A Fees in connection with an application for a phytosanitary certificate for export or phytosanitary certificate for re-export: England
| Service | Fee |
|---|---|
The consideration of an application, including the issue, where appropriate, of a phytosanitary certificate for export or a phytosanitary certificate for re-export | £21.00 |
| The examination or testing of wood, wood products, isolated bark or used forestry machinery and associated activities (including travelling and office time)— | |
(a) up to and including the first hour | £37.80 |
(b) thereafter, for each additional 15 minutes or part thereof | £10.50 |
Regulation 3(5B)
SCHEDULE 4B Fees in connection with an application for a WPM authorisation: England
| (1) Type of application | (2) Fee |
|---|---|
| Application for a WPM authorisation, other than a renewal of an existing WPM authorisation | £400.00 |
| Application for a renewal of an existing WPM authorisation | £120.00 |
| Application for a re-assessment for the purposes a WPM authorisation | £120.00 |
Regulation 3(6)
SCHEDULE 5 Fees for the carrying out or monitoring of remedial work
| Remedial work | Fee |
|---|---|
| The carrying out or monitoring by an inspector of remedial work and associated activities (including travelling and office time) in connection with a controlled consignment— | |
(j) up to and including the first hour; | £37 |
(k) thereafter, for each additional 15 minutes or part thereof | £9.25 |
Regulation 3(5A)
SCHEDULE 5A Fees in connection with an application for a phytosanitary certificate or phytosanitary certificate for re-export
| Service | Fee |
|---|---|
| The consideration of an application, including the issue, where appropriate, of a phytosanitary certificate for export or a phytosanitary certificate for re-export | £21.00 |
| The examination or testing of plants, plant products or other objects and associated activities (including travelling and office time)— | |
(a) up to and including the first hour | £37.80 |
(b) thereafter, for each additional 15 minutes or part thereof | £10.50 |
Regulation 3(5B)
SCHEDULE 5B Fees in connection with an application for a WPM authorisation
| Type of application | Fee |
|---|---|
| Application for a WPM authorisation, other than a renewal of an existing WPM authorisation | £400.00 |
| Application for a renewal of an existing WPM authorisation | £120.00 |
| Application for a re-assessment for the purposes a WPM authorisation | £120.00 |
S.I. 1996/266 , amended by S.I. 2011/1043 ; there are other amending instruments but none is relevant. Under section 1(2) of the Plant Health Act 1967 (c. 8) , as amended by article 4(1) of, and paragraph 43 of Schedule 2 to, the Natural Resources Body for Wales (Functions) Order 2013 ( S.I. 2013/755 ), the Forestry Commissioners are the competent authority for England and Scotland as regards the protection of forest trees and timber from attack by pests.
1972 c. 68 ; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c. 7) .
S.I. 2006/2697 , as amended by S.I. 2008/702 , 2009/2956 , 2010/2001 , 2013/755 , 2014/589 .