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Statutory Instruments

2018 No. 289

Plant Health, England

Seeds, England

The Plant Health etc. (Fees) (England) Regulations 2018

Made

1st March 2018

Laid before Parliament

5th March 2018

Coming into force

6th April 2018

M1 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 .

PART 1 General

Citation, commencement, extent and application

1. —(1) These Regulations may be cited as the Plant Health etc. (Fees) (England) Regulations 2018.

(2) They come into force on 6th April 2018.

(3) They extend to England and Wales, but apply in relation to England only.

Interpretation

[F1 2. —(1) In these Regulations, “the F2 ... Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants.

(2) Words and expressions which are not defined in these Regulations and appear in the F3 ... 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 F3 ... instrument in question. F1]

PART 2 Fees relating to plant health

Import inspection fees

F7 3. —(1) This regulation applies in relation to a third country consignment[F4 insofar as it includes F4] plants, plant products or other objects of a description specified in column 1 of the table in Schedule 1 that [F5 fall within F5][F6 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 F6] ....

[F8 (2) The fee payable by the importer of a third country consignment in respect of a documentary check of each phytosanitary certificate or phytosanitary certificate for re-export accompanying the consignment is—

(a) in the case of a consignment originating in Liechtenstein containing any plants or plant products falling within the table in Schedule 2B and also within the Schedule to the Official Controls (Plant Health) (Frequency of Checks) Regulations 2022, £5.25;

(b) in the case of a consignment to which sub-paragraph (a) does not apply, originating in an EU Member State, Liechtenstein or Switzerland and containing only plants or plant products falling within the table in Schedule 2B, £0.15;

(c) in any other case, £5.25. F8]

[F9 (2A) Subject to paragraphs (2B), (2C) and (2E), the fees payable by the importer of a third country consignment in respect of liability to a physical check and identity check that may be carried out on the consignment (whether or not any such check is carried out) are, where a consignment includes plants, plant products or other objects of a description specified in column 1 of the table, which originate in a country specified in the corresponding entry in column 2 of the table—

(a) the fee specified in column 3 of the table in respect of a physical check of plants, plant products or other objects of each such description included in the consignment; and

(b) the fee specified in column 4 of the table in respect of an identity check of plants, plant products or other objects of each such description included in the consignment. F9]

[[F10,F11 (2B) The fees specified under paragraph (2A) in respect of liability to a physical check and identity check of cut flowers, fruit, vegetables or leaves are payable in respect of a single lot of the kind in question. F11]

[F12 (2C) Where a consignment includes two or more plants, plant products or other objects falling within a single category specified in column 1 of the table, the fee payable under paragraph (2A) in respect of liability to a physical check or identity check of the plants, plant products or other objects within the category in question is—

(a) so far as the consignment includes two or more lots either of cut flowers or of fruit, vegetables or leaves—

(i) the fee payable in respect of a single lot of cut flowers or of fruit, vegetables or leaves (as the case may be); or

(ii) where different amounts are specified in relation to the lots in question, a fee equal to the highest of the fees relating to liability to a physical check or identity check (as the case may be);

(b) so far as the consignment includes any other plants, plant products or other objects which originate in the same country—

(i) the fee payable in respect of a single plant, plant product or other object of any of the descriptions in question; or

(ii) where different amounts are specified in relation to those plants, plant products or other objects, a fee equal to the highest of the fees relating to liability to a physical check or identity check (as the case may be). F12]

F13 (2D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F14 (2E) No fee is payable under paragraph (2A) in respect of—

(a) any consignment originating in an EU Member State, Liechtenstein or Switzerland introduced into England through a relevant port before 31st October 2024; or

(b) any plants listed in the table in Schedule 2A to the Plant Health (Amendment etc.) (EU Exit) Regulations 2020 contained in any consignment originating in an EU Member State, Liechtenstein or Switzerland, introduced into England before 31st October 2024.

(2EA) Paragraph (2E) does not apply to any goods—

(a) contained in a consignment originating in Liechtenstein; and

(b) falling within the Schedule to the Official Controls (Plant Health) (Frequency of Checks) Regulations 2022. F14]

[F15 (2F) Where an inspector suspects that a third country consignment is infected with a controlled plant pest and takes a sample from the consignment for laboratory testing to confirm whether the pest is present, the fee payable by the importer of the third country consignment is £147.35 for each sample tested.

(2G) For the purposes of this regulation [F16 and the table F16] —

(a) “ leaves ” means vegetables, herbs and spices, so far as they take the form of leaves with or without stems or stalks attached, and the loose leaves of any other plants;

(b) “vegetables”, except in sub-paragraph (a), means vegetables other than in so far as they take the form of leaves. F15]

[F17 (3) In this regulation—

(a) “ category ”, in relation to anything specified in column 1 of the table, means a grouping which is listed in column 1 in bold typeface;

(b) “ controlled plant pest ” means a GB quarantine pest, a provisional GB quarantine pest, a PFA quarantine pest or a GB regulated non-quarantine pest;

(c) “ description ”, in relation to anything specified in column 1 of the table, means the specific description in respect of which a fee is specified;

(d) “ lot ” means one or more units of a single commodity, identifiable by its homogeneity of composition and origin, which form part of a consignment;

[F18 (da) “ relevant port ” means any of the following seaports—

(i) Barrow;

(ii) Ellesmere Port;

(iii) Garston;

(iv) Heysham;

(v) Lancaster;

(vi) Liverpool;

(vii) Mersey Wharf;

(viii) Royal Portbury (Bristol);

(ix) Seaforth Grain Terminal;

(x) Silloth;

(xi) Workington; F18]

(e) “ the table ” means the table in Schedule 1;

(f) “ third country consignment ” means a consignment that is introduced into England from a third country; F17]

F19 (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10]

Plant passport authorisation fees

4. —(1) This regulation applies in relation to a plant passport authorisation.

(2) The [F20 fee specified in paragraph (3) is F20] payable in respect of an inspection and any associated activities which are carried out [F21 by, or on behalf of, the Secretary of State F21] —

(a) in connection with an application for a plant passport authorisation;

(b) for the purpose of monitoring compliance with any requirements imposed on the holder of a plant passport authorisation.

[F22 (3) A fee of £61.58 is payable for each 15 minutes (or part thereof) spent in carrying out the inspection and any associated activities at the relevant premises, subject to a minimum fee of £123.16. F22]

(4) An additional fee of [F23 £20.66 F23] is payable where a person submits an application for a plant passport authorisation in paper form (and not online).

(5) Any fees payable under this regulation are payable by the person applying for a plant passport authorisation or the holder of a plant passport authorisation (as the case may be).

(6) In this regulation-

(a) F25 “ plant passport authorisation ” means an authorisation to issue [F24 UK F24] plant passports ...;

(b) “ relevant premises ”, in relation to an application for a plant passport authorisation or a plant passport authorisation, means the premises which are subject to the application or the authorisation.

Plant health licence fees

5. —(1) The fees specified in the table in Schedule 4 are payable in respect of—

(a) an application for a licence[F26 made to the Secretary of State F26] ;

(b) any other activity specified in column 1 of that table which is carried out in connection with a licence[F27 granted by the Secretary of State F27] .

(2) The amount of any fee payable in respect of an application for a licence or any other activity specified in column 1 of the table in Schedule 4 is the amount specified in the corresponding entry in column 3 of that table, determined in accordance with the entries in respect of that service (if any) in column 2 of that table.

(3) The fee payable in respect of the monitoring of licence terms and conditions is payable for each 15 minutes (or part thereof) spent in carrying out the inspection and any associated activities at the premises which are subject to the licence, subject to the minimum fee specified.

(4) Any fee payable under this regulation is payable by the person who submits an application for a licence or the licence holder (as the case may be).

(5) In this regulation, “ licence ” means [F28 an authorisation [F29 described in regulation 20(1)(a) or (b)(i) or 21(1)(b) of the Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019 F29,F28]] .

[F30 Export certification services and pre-export services: fees

5A. —(1) [F31 Subject to paragraph (4A), F31] the fees specified in the table in Schedule 4A (“the table”) are payable in respect of the services described in column 1 of the table by a person who applies to the Secretary of State for a certificate or a pre-export service.

(2) The amount of the fee in respect of any service described in column 1 of the table is—

(a) in the case of a small exporter who, at the date of the application, has only been liable during the financial year in which the application is made to pay fees of £750 or less in respect of the services described in column 1 of the table, the amount specified in the corresponding entry in column 2 of the table;

(b) in any other case, the amount specified in the corresponding entry in column 3 of the table.

(3) The fees specified in columns 2 and 3 of the table in respect of an inspection of a consignment or an audit of a grain inspection are payable for each 15 minutes (or part thereof) spent in carrying out the inspection or audit and any associated activities, subject to the minimum fees specified in those entries.

(4) Where a person submits an application for a certificate or a pre-export service or a request to amend a certificate in paper form (and not online), the following additional fee is payable in respect of the application or request—

(a) in the case of a small exporter who, at the date of the application or request, has only been liable during the financial year in which the application or request is made to pay fees of £750 or less in respect of the services described in column 1 of the table, £7.88;

(b) in any other case, £15.76.

[F32 (4A) The fees specified in Schedule 4A are 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.

(4B) Paragraph (4A) ceases to have effect at the end of [F33 30th June 2025 F33] . F32]

(5) In this regulation—

“certificate” means either a phytosanitary certificate for export or a phytosanitary certificate for re-export;

“pre-export service” means any plant health inspection or examination, including by the taking of samples, which is required to be carried out in relation to a plant, plant product or other object which is to be exported F34 ... in order to satisfy the [F35 relevant phytosanitary import requirements within the meaning of Article 99a of the Plant Health Regulation F35] , other than any such inspection or examination required for the issue of a certificate;

[F36 “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—

(a)

planting;

(b)

breeding;

(c)

production, including growing, multiplying and maintaining;

(d)

introduction into, and movement within and out of Northern Ireland;

(e)

making available on the market;

(f)

storage, collection, dispatching and processing. F36]

“small exporter” means a person who—

(a)

in the financial year in which the application or request is made—

(i)

is not a taxable person for the purposes of the Value Added Tax Act 1994; or

(ii)

does not make a taxable supply of plants, plant products, seeds, soil or agricultural machinery for the purposes of the Value Added Tax Act 1994; or

(b)

in the financial year preceding the year in which the application or request is made, exported goods which were accompanied by a certificate the total value of which was less than £5,000. F30]

Potatoes originating in Egypt: fee

F38 6. —(1) Where an [F37 official plant health officer F37] takes a sample of potatoes originating in Egypt in order to ascertain ... those potatoes are infected with Ralstonia solanacearum (Smith) Yabuuchi et al., the importer must pay a fee of [F39 £70.83 F39] in respect of each lot sampled.

F40 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Potatoes originating in Lebanon: fee

F41 6A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Potatoes originating in Lebanon: fee

F42 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 3 Fees relating to the certification of seed potatoes and fruit plants and fruit plant propagating material

Seed potatoes: fees

M2 8. —(1) The fees specified in the table in Schedule 5 are payable in respect of the activities specified in column 1 of that table which relate to an application for the certification of seed potatoes in accordance with regulation 10 of the Seed Potatoes (England) Regulations 2015 .

(2) The fees specified in column 2 of the table in Schedule 5 are payable subject to the minimum fees (if any) specified in the corresponding entries in column 3 of that table.

(3) The [F43 fees F43] specified in column 2 of the table in Schedule 5 in respect of an inspection of [F44 growing crops for certification as Union grade PBTC and an inspection of harvested tubers are F44] payable for each 15 minutes (or part thereof) spent in carrying out the inspection and any associated activities at the relevant premises.

(4) An additional fee of [F45 £15.76 F45] is payable where a person submits an application for the certification of seed potatoes in paper form (and not online).

[F46 (4A) Where a person submits an application for the provision of printed labels, the following additional fee is payable—

(a) in the case of an application submitted online, £11.45;

(b) in the case of an application submitted in paper form, £15.61. F46]

(5) Any fees payable under this regulation are payable by the applicant.

(6) In paragraph (3), “ relevant premises ” means the premises at which [F47 the growing crops for certification as Union grade PBTC or F47] the harvested tubers to be inspected are located.

Fruit plants and fruit plant propagating material: fees

M3 9. —(1) The fee specified in paragraph (2) is payable in connection with an application for the certification of fruit plants and fruit plant propagating material in accordance with regulation 9 of the Marketing of Fruit Plant and Propagating Material (England) Regulations 2017 .

[F48 (2) A fee of £26.00 per each 15 minutes (or part thereof) is payable in respect of time spent in carrying out an official examination and any associated activities at the relevant premises for the purposes of certifying the material, subject to a minimum fee of £52.00. F48]

(3) Any fees payable under this regulation are payable by the applicant.

(4) In paragraph (2), “ relevant premises ” means the premises at which the material to be certified is located.

PART 4 Payment of fees

Payment of fees

10. Fees payable under these Regulations are payable to the Secretary of State on demand.

Suspension of registration

11. —(1) Where any sum due by way of, or on account of, any fee or any part of a fee payable by a [F49 registered professional operator F49] under Part 2 of these Regulations remains unpaid, the Secretary of State may—

(a) recover the sum as a civil debt, or

(b) after giving one month's written notice, suspend the [F50 operator’s F50] registration until such sum has been paid.

F51 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 5 Revocations

Revocations

12. The instruments listed in Schedule 6 are revoked.

Gardiner of Kimble

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

We consent

Andrew Stephenson

Rebecca Harris

Two of the Lords Commissioners of Her Majesty's Treasury

Regulation 3(2A) and (2C)

[F52 SCHEDULE 1 Import inspection fees

Column 1

Category and description of plant, plant product or other object

Column 2

Country of origin

Column 3

Fee: Physical check (£)

Column 4

Fee: Identity check (£)

(1)

“ Intended for final users ” means intended, by evidence from the packaging, labelling or by other means, for direct supply to final users.

(2)

“ Woody plants ” means plants which have a woody or partly woody stem, and includes all trees, forest reproductive material (other than seed), shrubs and palms, and those vines and perennial herbs with woody or partly woody stems; and for this purpose “ perennial herbs ” means herbs for which the average life exceeds two years.

(3)

“ Non-woody plants ” means plants that are not woody plants.

(4)

“ Indoor plants ” means plants which appear from their packaging or labelling or by other means to be intended for direct supply to final users for indoor use or use in aquaria.

(5)

“ European third countries ” means Albania, Andorra, Armenia, Azerbaijan, Belarus, Bosnia and Herzegovina, Canary Islands, Faeroe Islands, Georgia, Iceland, Moldova, Monaco, Montenegro, North Macedonia, Norway, Russia (only the following parts: Central Federal District (Tsentralny federalny okrug), Northwestern Federal District (Severo-Zapadny federalny okrug), Southern Federal District (Yuzhny federalny okrug), North Caucasian Federal District (Severo-Kavkazsky federalny okrug) and Volga Federal District (Privolzhsky federalny okrug)), San Marino, Serbia, Turkey and Ukraine. F52]

Bulbs, corms, rhizomes, tubers (other than tubers of potatoes), onions, shallots, garlic, leeks and other alliaceous vegetables, dormant, not in substrate
All genera intended for planting, other than commercial flower production, and not intended for final users (1) Any third country 205.04 5.25
All genera intended for planting, and intended for commercial flower production, or for final users Any third country 20.50 0.52
Cuttings, seedlings intended for planting, not specified or included anywhere else in this table
All genera Any third country 32.15 1.57
Plants for planting
Woody plants (2) (other than specified or included elsewhere in this table), intended for planting and intended for final users (1) . All genera Any third country 32.15 1.57
Non-woody plants (3) (other than specified or included elsewhere in this table), intended for planting. All genera Any third country 32.15 1.57
Indoor plants (4) . All genera Any third country 32.15 1.57
Other plants (other than specified or included elsewhere in this table), intended for planting. All genera Any third country 32.15 1.57
Cut flowers
Dendranthema (DC.) Des Moul. (Chrysanthemum L.) Any EU Member State, Liechtenstein or Switzerland 1.28 0.15
Colombia or Ecuador 21.37 2.62
Any third country other than an EU Member State, Colombia, Ecuador, Liechtenstein or Switzerland 2.13 0.26
Eryngium Tournier ex Linnaeus. Any third country other than an EU Member State, European third country, Liechtenstein or Switzerland 4.27 0.52
Lisianthus L. Any third country other than an EU Member State, European third country, Liechtenstein or Switzerland 4.27 0.52
Rosa L. Colombia or Ecuador 1.28 0.15
Canada, India, Mexico or the USA 21.37 2.62
Any third country other than an EU Member State, Canada, Colombia, Ecuador, India, Liechtenstein, Mexico, Switzerland or the USA 2.13 0.26
Solidago L. Any EU Member State, Liechtenstein or Switzerland 1.28 0.15
Any third country other than an EU Member State, Liechtenstein or Switzerland 4.27 0.52
Other genera not specified or included elsewhere in this table Any EU Member State, Liechtenstein or Switzerland 1.28 0.15
Any third country other than an EU Member State, Liechtenstein or Switzerland 2.13 0.26
Branches with foliage, parts of Conifers (other than bark or cut Christmas trees)
All genera Any EU Member State, Liechtenstein or Switzerland 1.01 0.15
Any third country other than an EU Member State, Liechtenstein or Switzerland 1.69 0.26
Fruit, vegetables, leaves
Momordica L. Any EU Member State, Liechtenstein or Switzerland 1.59 0.15
Any third country other than an EU Member State, Liechtenstein or Switzerland 26.55 2.62
Ocimum L. Any EU Member State, Liechtenstein or Switzerland 2.15 0.15
Any third country other than an EU Member State, Liechtenstein or Switzerland 35.84 2.62
Solanaceae Juss. (other than Solanum tuberosum L. Solanum lycopersicum L, Solanum melongena L. and Capsicum sp.) Any EU Member State, Liechtenstein or Switzerland 1.59 0.15
Any third country other than an EU Member State, Liechtenstein or Switzerland 26.55 2.62
Solanum lycopersicum L. Any EU Member State, Liechtenstein or Switzerland 1.59 0.15
Morocco 2.65 0.26
Canary Islands 13.27 1.31
Any third country other than the Canary Islands, an EU Member State, Liechtenstein, Morocco or Switzerland 53.10 5.25
Solanum melongena L. Any EU Member State, Liechtenstein or Switzerland 1.59 0.15
Turkey 15.93 1.57
Any third country other than an EU Member State, Liechtenstein, Switzerland or Turkey 26.55 2.62
Capsicum Any EU Member State, Liechtenstein or Switzerland 1.59 0.15
Any third country other than an EU Member State, Liechtenstein or Switzerland 53.10 5.25
Zea mays Any EU Member State, Liechtenstein or Switzerland 1.59 0.15
Any third country other than an EU Member State, Liechtenstein or Switzerland 53.10 5.25
Ipomoea batatas Any EU Member State, Liechtenstein or Switzerland 1.59 0.15
Any third country other than Cameroon, an EU Member State, Liechtenstein or Switzerland 2.65 0.26
Cameroon 53.10 5.25
Persea americana Any EU Member State, Liechtenstein or Switzerland 1.59 0.15
Any third country other than an EU Member State, Liechtenstein or Switzerland 2.65 0.26
Vitis Any EU Member State, Liechtenstein or Switzerland 1.59 0.15
Any third country other than an EU Member State, Liechtenstein or Switzerland 2.65 0.26
Malus Any EU Member State, Liechtenstein or Switzerland 1.59 0.15
European third countries (5) 7.96 0.78
Argentina 18.58 1.83
Chile 2.65 0.26
New Zealand 5.31 0.52
South Africa 7.96 0.78
Any third country other than Argentina, Chile, an EU Member State, Liechtenstein, New Zealand, South Africa, Switzerland or European Third countries (5) 53.10 5.25
Pyrus Any EU Member State, Liechtenstein or Switzerland 1.59 0.15
Argentina 13.27 1.31
Chile 7.96 0.78
South Africa 5.31 0.52
Any third country other than Argentina, Chile, an EU Member State, Liechtenstein, South Africa or Switzerland 53.10 5.25
Fragaria Any EU Member State, Liechtenstein or Switzerland 1.59 0.15
Any third country other than an EU Member State, Liechtenstein or Switzerland 2.65 0.26
Rubus Any EU Member State, Liechtenstein or Switzerland 1.59 0.15
Any third country other than an EU Member State, Liechtenstein or Switzerland 2.65 0.26
Vaccinium Any EU Member State, Liechtenstein or Switzerland 1.59 0.15
European third countries (5) 26.55 2.62
Argentina 13.27 1.31
Chile 5.31 0.52
Peru 5.31 0.52
Any third country other than Argentina, Chile, an EU Member State, Liechtenstein, Peru, Switzerland or European third countries (5) 53.10 5.25
Zingiber officinale Any EU Member State, Liechtenstein or Switzerland 1.59 0.15
Any third country other than Cameroon, an EU Member State, Liechtenstein or Switzerland 2.65 0.26
Cameroon 53.10 5.25
Asparagus officinalis Any EU Member State, Liechtenstein or Switzerland 1.59 0.15
Any third country other than an EU Member State, Liechtenstein or Switzerland 53.10 5.25
Other genera or species of fruit or vegetables not specified or included elsewhere in this table Any EU Member State, Liechtenstein or Switzerland 1.59 0.15
Any third country other than an EU Member State, Liechtenstein or Switzerland 2.65 0.26
Other leaves not specified or included elsewhere in this table Any EU Member State, Liechtenstein or Switzerland 2.15 0.15
Any third country other than an EU Member State, Liechtenstein or Switzerland 3.58 0.26
Seeds (for sowing), tissue cultures
All genera, for trials or testing Any third country 12.81 0.52
Brassicaceae (other than for trials or testing) Argentina, Australia, Bolivia, Brazil, Chile, New Zealand or Uruguay 128.13 5.25
Capsicum spp. L. (other than for trials or testing) Any third country 128.13 5.25
Poaceae (other than for trials or testing) Argentina, Australia, Bolivia, Brazil, Chile, New Zealand or Uruguay 128.13 5.25
Solanum lycopersicum L. (other than for trials or testing) Any third country 128.13 5.25
Solanum tuberosum L. (True seed) (other than for trials or testing) Any third country 128.13 5.25
Trifolium spp. (other than for trials or testing) Argentina, Australia, Bolivia, Brazil, Chile, New Zealand or Uruguay 128.13 5.25
Other genera or species not specified or included elsewhere in this table Any third country 6.40 0.26
Grain (other than seeds for sowing)
Secale L. Afghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, South Africa or the USA 142.98 5.25
Triticum L. Afghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, South Africa or the USA 142.98 5.25
X Triticosecale Wittm. ex A. Camus Afghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, South Africa or the USA 142.98 5.25
Tubers of potatoes
Solanum tuberosum L. (seed potatoes) Any third country 156.69 5.25
Solanum tuberosum L. (ware potatoes) Egypt, Poland, Portugal or Romania 78.34 2.62
Spain 156.69 5.25
Any third country other than Egypt, Poland, Portugal, Romania or Spain 4.70 0.15
Cut Christmas trees (less than 3 metres in height)
All genera Any EU Member State, Liechtenstein or Switzerland 3.58 0.15
Any third country other than an EU Member State, Liechtenstein or Switzerland 5.98 0.26
Machinery or vehicles which have been operated for agricultural or forestry purposes Any third country 5.98 0.26

Regulation 3(2A)(a)

F53 SCHEDULE 1A Import inspection fees: consignments originating in an EU Member State, Liechtenstein or Switzerland

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulation 3(2A)(b)(i) to (v) and (3)

F54 SCHEDULE 2 Import inspection fees: Reduced rates for consignments originating in countries other than an EU Member State, Liechtenstein or Switzerland

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F55 SCHEDULE 2A List of plants and plant products originating in an EU Member State, Liechtenstein or Switzerland subject to fees for physical checks and identity checks from the end of the transitional staging period

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulation 3(2)(a)

[F56 SCHEDULE 2B

Category and description of plant or plant product
Cut Flowers
Dendranthema (DC.) Des Moul. ( Chrysanthemum L.)
Rosa L.
Solidago L.
Other genera not specified or included elsewhere in this table
Branches with foliage, parts of Conifers (other than bark or cut Christmas trees)
All genera
Fruit, vegetables, leaves
Momordica L.
Ocimum L.
Solanaceae Juss . (other than Solanum tuberosum L.)
Solanum melongena L.
Other genera or species of fruit or vegetables not specified or included elsewhere in this table
Other leaves not specified or included elsewhere in this table
Cut Christmas trees (less than 3 metres in height)
All genera F56]

Regulation 4(2)

F57 SCHEDULE 3 Plant passport authorisation fees

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulation 5(1)

[F58 SCHEDULE 4 Plant health licence fees

In this Schedule—

“period 1” means the period ending on 31st March 2020;

“period 2” means the period beginning on 1st April 2020 and ending on 30th September 2020.

Column 1

Type of application or inspection

Column 2

Date of application

Column 3

Fee(£)

Application for a licence for scientific or trial purposes, other than—

—a licence in respect of the analysis of soil or other growing medium

—a licence for scientific or trial purposes covering 5 or more items

995.36
Application for a licence for scientific or trial purposes covering 5 or more items 995.36, plus 52.45 per item in excess of 5 items
Application for a licence in respect of the analysis of soil or other growing medium, other than a licence in respect of the analysis of soil or other growing medium covering 5 or more items 745.41
Application for a licence in respect of the analysis of soil or other growing medium covering 5 or more items 745.41, plus 52.45 per item in excess of 5 items
Application for a variation of a licence with changes requiring scientific or technical assessment 380.25
Application for any other licence 42.50
Issue of an annual letter of authority 42.50
Monitoring compliance with licence terms and conditions In the case of monitoring undertaken during period 1 69.75 for each 15 minutes (or part thereof), subject to a minimum fee of 139.50
In the case of monitoring undertaken during period 2 81.25 for each 15 minutes (or part thereof), subject to a minimum fee of 162.50
In the case of monitoring undertaken on or after 1st October 2020 92.67 for each 15 minutes (or part thereof), subject to a minimum fee of 185.34 F58]

Regulation 5A

[F59 SCHEDULE 4A Fees for export certification services and pre-export services

(1)

Service

(2)

Fee - Small Exporter (£)

(3)

Fee – other Exporter (£)

Inspection of consignment 31.90 for each 15 minutes (or part thereof), subject to a minimum fee of 63.80 63.80 for each 15 minutes (or part thereof), subject to a minimum fee of 127.60
Audit of a grain inspection 13.20 for each 15 minutes (or part thereof), subject to a minimum fee of 26.40 26.40 for each 15 minutes (or part thereof), subject to a minimum fee of 52.80
Laboratory examination (including laboratory testing) 16.78 per sample tested 33.56 per sample tested
Issue of certificate 12.76 per certificate 25.52 per certificate
Amendment of a certificate at the request of the exporter 7.88 per certificate 15.76 per certificate F59]

Regulation 8(1)

[F60 SCHEDULE 5 Seed potatoes: fees

Column 1

Activity

Column 2

Fee (£)

Column 3

Minimum fee (£)

Soil sampling and testing for Potato Cyst Nematode
Soil sampling and testing for the purposes of paragraph 4, 7 or 10 of Schedule 1 to the Seed Potatoes (England) Regulations 2015 24.75 for each hectare (or part thereof) sampled and tested
Inspection of growing crop
Certification as pre-basic seed potatoes: Union grade PBTC 30.39 for each 15 minutes (or part thereof) 60.78
Certification as pre-basic seed potatoes: Union grade PB 12.16 per each 0.1 hectare (or part thereof) inspected 60.75
Certification as basic seed potatoes: Union grade S 10.57 per each 0.1 hectare (or part thereof) inspected 105.70
Certification as basic seed potatoes: Union grade SE 10.57 per each 0.1 hectare (or part thereof) inspected 105.70
Certification as basic seed potatoes: Union grade E 10.33 per each 0.1 hectare (or part thereof) inspected 103.30
Certification as certified seed potatoes: Union grade A or B 9.39 per each 0.1 hectare (or part thereof) inspected 93.90
Inspection of harvested tubers
Inspection 40.55 for each 15 minutes (or part thereof) 81.10
Provision of labels and seals in respect of application
Printed labels for bags holding 50 kgs of seed potatoes or less 0.05 per label
Printed labels and seals for bags holding more than 50 kgs of seed potatoes 0.11 per label (including seal)
Blank labels and seals 0.16 per label (including seal) F60]

Regulation 12

SCHEDULE 6 Revocations

Status: There are currently no known outstanding effects for the The Plant Health etc. (Fees) (England) Regulations 2018.
The Plant Healthetc.(Fees) (England) Regulations 2018 (2018/289)
Version from: 30 April 2024

Displaying information

Status of this instrument

in force Provision is in force
in force* In force only for specified purposes (see footnote)
not in force Not in force in England (may be in force in other geographies, see footnotes)
defined term Defined term
dfn Defined term (alternative style)
footnote commentary transitional and savings in force status related provisions geo extent insert/omit source count in force adj
F1 Reg. 2 substituted (14.12.2019) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488) , regs. 1(1) , 38(2) substituted
F2 Word in reg. 2(1) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482) , regs. 2(2)(b) , 4(2)(a) omitted
F3 Word in reg. 2(2) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482) , regs. 2(2)(b) , 4(2)(b) omitted
F4 Words in reg. 3(1) substituted (1.10.2019) by The Plant Health etc. (Miscellaneous Fees) (England) (Amendment) Regulations 2019 (S.I. 2019/1257) , regs. 2 , 3(2)(a)(i) substituted
F5 Words in reg. 3(1) substituted (22.7.2022) by The Plant Health etc. (Miscellaneous Fees) (Amendment) (England) Regulations 2022 (S.I. 2022/836) , regs. 1(1) , 3(2)(a)(i) substituted
F6 Words in reg. 3(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482) , regs. 2(2)(b) , 4(3)(a) substituted
F7 Words in reg. 3(1) omitted (22.7.2022) by virtue of The Plant Health etc. (Miscellaneous Fees) (Amendment) (England) Regulations 2022 (S.I. 2022/836) , regs. 1(1) , 3(2)(a)(ii) omitted
F8 Reg. 3(2) substituted (30.4.2024) by The Plant Health (Fees) (England) and Official Controls (Frequency of Checks) (Amendment) Regulations 2024 (S.I. 2024/557) , regs. 1(2) , 3(2)(a) substituted
F9 Reg. 3(2A) substituted (22.7.2022) by The Plant Health etc. (Miscellaneous Fees) (Amendment) (England) Regulations 2022 (S.I. 2022/836) , regs. 1(1) , 3(2)(b) substituted
F10 Reg. 3(2B)-(2E) inserted (1.6.2021) by The Plant Health etc. (Fees) (England) (Amendment) Regulations 2021 (S.I. 2021/625) , regs. 1 , 2(2)(b) inserted
F11 Reg. 3(2B) substituted (22.7.2022) by The Plant Health etc. (Miscellaneous Fees) (Amendment) (England) Regulations 2022 (S.I. 2022/836) , regs. 1(1) , 3(2)(c) substituted
F12 Reg. 3(2C) substituted (22.7.2022) by The Plant Health etc. (Miscellaneous Fees) (Amendment) (England) Regulations 2022 (S.I. 2022/836) , regs. 1(1) , 3(2)(d) substituted
F13 Reg. 3(2D) omitted (22.7.2022) by virtue of The Plant Health etc. (Miscellaneous Fees) (Amendment) (England) Regulations 2022 (S.I. 2022/836) , regs. 1(1) , 3(2)(e) omitted
F14 Reg. 3(2E)(2EA) substituted for reg. 3(2E) (30.4.2024) by The Plant Health (Fees) (England) and Official Controls (Frequency of Checks) (Amendment) Regulations 2024 (S.I. 2024/557) , regs. 1(2) , 3(2)(b) substituted
F15 Reg. 3(2F)(2G) inserted (22.7.2022) by The Plant Health etc. (Miscellaneous Fees) (Amendment) (England) Regulations 2022 (S.I. 2022/836) , regs. 1(1) , 3(2)(g) inserted
F16 Words in reg. 3(2G) substituted (30.4.2024) by The Plant Health (Fees) (England) and Official Controls (Frequency of Checks) (Amendment) Regulations 2024 (S.I. 2024/557) , regs. 1(2) , 3(2)(c) substituted
F17 Reg. 3(3) substituted (22.7.2022) by The Plant Health etc. (Miscellaneous Fees) (Amendment) (England) Regulations 2022 (S.I. 2022/836) , regs. 1(1) , 3(2)(h) substituted
F18 Reg. 3(3)(da) inserted (30.4.2024) by The Plant Health (Fees) (England) and Official Controls (Frequency of Checks) (Amendment) Regulations 2024 (S.I. 2024/557) , regs. 1(2) , 3(2)(d)(i) inserted
F19 Reg. 3(3)(g) omitted (30.4.2024) by virtue of The Plant Health (Fees) (England) and Official Controls (Frequency of Checks) (Amendment) Regulations 2024 (S.I. 2024/557) , regs. 1(2) , 3(2)(d)(ii) omitted
F20 Words in reg. 4(2) substituted (1.10.2019) by The Plant Health etc. (Miscellaneous Fees) (England) (Amendment) Regulations 2019 (S.I. 2019/1257) , regs. 2 , 3(3)(a) substituted
F21 Words in reg. 4(2) inserted (14.12.2019) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488) , regs. 1(1) , 38(4)(a) inserted
F22 Reg. 4(3) substituted (1.10.2019) by The Plant Health etc. (Miscellaneous Fees) (England) (Amendment) Regulations 2019 (S.I. 2019/1257) , regs. 2 , 3(3)(b) substituted
F23 Sum in reg. 4(4) substituted (1.10.2019) by The Plant Health etc. (Miscellaneous Fees) (England) (Amendment) Regulations 2019 (S.I. 2019/1257) , regs. 2 , 3(3)(c) substituted
F24 Word in reg. 4(6)(a) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482) , regs. 2(2)(b) , 4(4) inserted
F25 Words in reg. 4(6)(a) omitted (14.12.2019) by virtue of The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488) , regs. 1(1) , 38(4)(b) omitted
F26 Words in reg. 5(1)(a) inserted (14.12.2019) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488) , regs. 1(1) , 38(5)(a)(i) inserted
F27 Words in reg. 5(1)(b) inserted (14.12.2019) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488) , regs. 1(1) , 38(5)(a)(ii) inserted
F28 Words in reg. 5(5) substituted (14.12.2019) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488) , regs. 1(1) , 38(5)(b) substituted
F29 Words in reg. 5(5) substituted (15.10.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/1014) , regs. 1(1) , 4 substituted
F30 Reg. 5A inserted (14.12.2019) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488) , regs. 1(1) , 38(6) inserted
F31 Words in reg. 5A(1) inserted (27.5.2021) by The Plant Health etc. (Miscellaneous Fees) (Amendment) (England) Regulations 2021 (S.I. 2021/623) , regs. 1(2) , 3(2)(a) inserted
F32 Reg. 5A(4A) (4B) inserted (27.5.2021) by The Plant Health etc. (Miscellaneous Fees) (Amendment) (England) Regulations 2021 (S.I. 2021/623) , regs. 1(2) , 3(2)(b) inserted
F33 Words in reg. 5A(4B) substituted (30.12.2023) by The Plant Health etc. (Miscellaneous Fees) (Amendment) (England) Regulations 2023 (S.I. 2023/1391) , regs. 1(2) , 3(2) substituted
F34 Words in reg. 5A(5) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482) , regs. 2(2)(b) , 4(5)(a) omitted
F35 Words in reg. 5A(5) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482) , regs. 2(2)(b) , 4(5)(b) substituted
F36 Words in reg. 5A(5) inserted (27.5.2021) by The Plant Health etc. (Miscellaneous Fees) (Amendment) (England) Regulations 2021 (S.I. 2021/623) , regs. 1(2) , 3(2)(c) inserted
F37 Words in reg. 6(1) substituted (14.12.2019) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488) , regs. 1(1) , 38(7) substituted
F38 Words in reg. 6(1) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482) , regs. 2(2)(b) , 4(6)(a) omitted
F39 Sum in reg. 6(1) substituted (1.10.2019) by The Plant Health etc. (Miscellaneous Fees) (England) (Amendment) Regulations 2019 (S.I. 2019/1257) , regs. 2 , 3(4) substituted
F40 Reg. 6(2) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482) , regs. 2(2)(b) , 4(6)(b) omitted
F41 Reg. 6A omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482) , regs. 2(2)(b) , 4(7) omitted
F42 Reg. 7 omitted (14.12.2019) by virtue of The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488) , regs. 1(1) , 38(8) omitted
F43 Word in reg. 8(3) substituted (21.5.2018) by The Plant Health etc. (Fees) (England) (Amendment) Regulations 2018 (S.I. 2018/510) , regs. 1 , 2(2)(a)(i) substituted
F44 Words in reg. 8(3) substituted (21.5.2018) by The Plant Health etc. (Fees) (England) (Amendment) Regulations 2018 (S.I. 2018/510) , regs. 1 , 2(2)(a)(ii) substituted
F45 Sum in reg. 8(4) substituted (1.10.2019) by The Plant Health etc. (Miscellaneous Fees) (England) (Amendment) Regulations 2019 (S.I. 2019/1257) , regs. 2 , 3(5)(a) substituted
F46 Reg. 8(4A) inserted (1.10.2019) by The Plant Health etc. (Miscellaneous Fees) (England) (Amendment) Regulations 2019 (S.I. 2019/1257) , regs. 2 , 3(5)(b) inserted
F47 Words in reg. 8(6) inserted (21.5.2018) by The Plant Health etc. (Fees) (England) (Amendment) Regulations 2018 (S.I. 2018/510) , regs. 1 , 2(2)(b) inserted
F48 Reg. 9(2) substituted (1.10.2019) by The Plant Health etc. (Miscellaneous Fees) (England) (Amendment) Regulations 2019 (S.I. 2019/1257) , regs. 2 , 3(6) substituted
F49 Words in reg. 11(1) substituted (14.12.2019) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488) , regs. 1(1) , 38(9)(a)(i) substituted
F50 Word in reg. 11(1)(b) substituted (14.12.2019) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488) , regs. 1(1) , 38(9)(a)(ii) substituted
F51 Reg. 11(2) omitted (14.12.2019) by virtue of The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488) , regs. 1(1) , 38(9)(b) omitted
F52 Sch. 1 substituted (30.4.2024) by The Plant Health (Fees) (England) and Official Controls (Frequency of Checks) (Amendment) Regulations 2024 (S.I. 2024/557) , regs. 1(2) , 3(3) substituted
F53 Sch. 1A omitted (22.7.2022) by virtue of The Plant Health etc. (Miscellaneous Fees) (Amendment) (England) Regulations 2022 (S.I. 2022/836) , regs. 1(1) , 3(5) omitted
F54 Sch. 2 omitted (22.7.2022) by virtue of The Plant Health etc. (Miscellaneous Fees) (Amendment) (England) Regulations 2022 (S.I. 2022/836) , regs. 1(1) , 3(5) omitted
F55 Sch. 2A omitted (30.4.2024) by virtue of The Plant Health (Fees) (England) and Official Controls (Frequency of Checks) (Amendment) Regulations 2024 (S.I. 2024/557) , regs. 1(2) , 3(4) omitted
F56 Sch. 2B inserted (30.4.2024) by The Plant Health (Fees) (England) and Official Controls (Frequency of Checks) (Amendment) Regulations 2024 (S.I. 2024/557) , regs. 1(2) , 3(5) inserted
F57 Sch. 3 omitted (1.10.2019) by virtue of The Plant Health etc. (Miscellaneous Fees) (England) (Amendment) Regulations 2019 (S.I. 2019/1257) , regs. 2 , 3(9) omitted
F58 Sch. 4 substituted (1.10.2019) by The Plant Health etc. (Miscellaneous Fees) (England) (Amendment) Regulations 2019 (S.I. 2019/1257) , regs. 2 , 3(10) substituted
F59 Sch. 4A inserted (14.12.2019) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488) , regs. 1(1) , 38(10) inserted
F60 Sch. 5 substituted (1.10.2019) by The Plant Health etc. (Miscellaneous Fees) (England) (Amendment) Regulations 2019 (S.I. 2019/1257) , regs. 2 , 3(11) substituted
M1 1973 c.51 ; subsection (1) was amended by S.I. 2011/1043 .
M2 S.I. 2015/1953 .
M3 S.I. 2017/595 .
M4 S.I. 2014/601 , amended by S.I. 2014/3243 , 2015/1996, 2016/1255. 2017/125, 2018/15.
M5 S.I. 2014/3243 .
M6 S.I. 2015/1996 .
M7 S.I. 2016/1225 .
M8 S.I. 2017/125 .
M9 S.I. 2018/15 .
Defined Term Section/Article ID Scope of Application
category reg. 3. of PART 2 def_81cea58add
certificate reg. 5A. of PART 2 def_f26d67957c
controlled plant pest reg. 3. of PART 2 def_6bae6d39a9
description reg. 3. of PART 2 def_e491129931
leaves reg. 3. of PART 2 def_23c5fe437d
licence reg. 5. of PART 2 def_dbd070882c
lot reg. 3. of PART 2 def_6b04001302
period 1 para SCHEDULE4 def_e6a6a4fc64
period 2 para SCHEDULE4 def_950197d365
plant passport authorisation reg. 4. of PART 2 def_6a370d80b4
pre-export service reg. 5A. of PART 2 def_f9e6e357b4
professional operator reg. 5A. of PART 2 def_be06041d1b
relevant port reg. 3. of PART 2 def_5a088d4c56
relevant premises reg. 4. of PART 2 def_12bf95bc5d
relevant premises reg. 8. of PART 3 def_86af254d80
relevant premises reg. 9. of PART 3 def_9e1509d51f
small exporter reg. 5A. of PART 2 def_00ae12f518
the ... Plant Health Regulation reg. 2. of PART 1 def_e59c75094a
the table reg. 3. of PART 2 def_149f798c14
the table reg. 5A. of PART 2 def_2ffd54b32f
third country consignment reg. 3. of PART 2 def_692daedd12
vegetables reg. 3. of PART 2 def_1c3e653719

Status of changes to instrument text

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