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The Plant Health (Import Inspection Fees) (Scotland) Regulations 2014

Type Scottish-Statutory-Instrument

Publication 2014-11-26

State In force

Jurisdiction Scotland

Department King's Printer for Scotland

Source legislation.gov.uk

Reform history JSON API PDF

Made: 26th November 2014

Laid before the Scottish Parliament: 1st December 2014

Coming into force: 15th January 2015

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 56(1) and (2) of the Finance Act 1973 and section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 and all other powers enabling them to do so.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972, and it appears to the Scottish Ministers that it is expedient for references to Annex V, Part B of Council Directive 2000/29/EC , to be a reference to those provisions of that instrument as amended from time to time.

Citation, commencement and extent

1

(1) These Regulations may be cited as the Plant Health (Import Inspection Fees) (Scotland) Regulations 2014 and come into force on 15th January 2015.

(2) These Regulations extend to Scotland only.

Interpretation

2

(1) In these Regulations—

“European Union” means the territories of the Member States ... excluding Canary Islands, Ceuta, Melilla, Guadeloupe, French Guiana, Martinique, Réunion, Saint-Barthélemy andSaint-Martin

“landed in Scotland” means introduced into Scotland by any means, including by post;

“lot” means a number of units of a single commodity, identifiable by its homogeneity of composition and origin and forming part of a consignment,

“normal working hours” means any time between the hours of 6 a.m. to 5 p.m. on any day except—a Saturday;a Sunday;Easter Monday;26th December, if it is not a Saturday or Sunday;27th December, in a year in which 25th or 26th December is a Sunday; ora day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971 ;

“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;

“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.

“Relevant ports” means any of the following seaports—Ayr;Cairnryan;Greenock.

(2) A reference in these Regulations to anything done in writing or produced in written form includes a reference to an electronic communication, as defined in section 15(1) of the Electronic Communications Act 2000 , which has been recorded and is consequently capable of being reproduced.

(3) Unless the context otherwise requires, 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 in the ... Plant Health Regulation or, as the case may be, in the Official Controls Regulation.

Applicationof the import inspection fee

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(1) An importer of a consignment to which this regulation applies must pay to the Scottish Ministers the fees specified in regulation 4.

(2) This regulation applies to a consignment, or to such part of a consignment, which—

(a) consists of plants, plant products and other objects of a description specified in the second column of Schedule 1 and that are listed in Part A of Annex 11 or in Annex 12 to the Phytosanitary Conditions Regulation, as amended from time to time; and

(b) is—

(i) landed in Scotland from a third country, ... or

(ii) subject to any agreement made under the provisions of any legislation that establishes the cases where, and the conditions under which, identity checks and physical checks of transhipped consignments and of animals arriving by air or sea and staying on the same means of transport for onward travel may be performed at a border control post other than the one of first arrival under Article 51(1) (specific rules for official controls at border inspection posts) of the Official Controls Regulation.

Fees

4

(1) Subject to paragraph (8), the fee specified for a physical check for a consignment, or such part of a consignment, consisting of plants, plant products or other objects—

(a) during normal working hours, is the fee specified in the fifth column of schedule 1 and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule, or

(b) outside normal working hours, is the fee specified in the sixth column of schedule 1 and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule.

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

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Subject to paragraph (8), the fee specified for a documentary check for a consignment or such part of a consignment consisting of plants, plant products or other objects is—

(a) in the case of a consignment originating in an EU Member State, Liechtenstein or Switzerland and containing only plants or plant products falling within column 1 of table 3 of schedule 2A, the fee specified for that check in the second column of that table, or

(b) in any other case, £6.00.

(7) Subject to paragraph (8), the fee specified for an identity check for a consignment or such part of a consignment, consisting of any plants, plant products or other objects is the fee specified for that check in the seventh column of the table in schedule 1.

(8) No fee is payable under paragraphs (1), (6) and (7) in respect of—

(a) goods in a consignment originating in an EU Member State, Liechtenstein or Switzerland listed in the table in schedule 2A to the Plant Health (Amendment etc.) (EU Exit) Regulations 2020 imported before 1st July 2025; or

(b) a consignment originating in an EU Member State, Liechtenstein or Switzerland consisting solely of plants, plant products and other objects referred to in the lists established pursuant to Article 72(1) of Regulation (EU) 2016/2031, imported into Scotland through a relevant port before 1st July 2025.

(9) Paragraph (8) does not apply where the consignment originated in Liechtenstein and includes any goods falling within the table in schedule 2A and also within schedule 1 to the Official Controls (Plant Health) (Frequency of Checks) Regulations 2022.

Additional fees in respect of Potatoes Originating in Egypt and Lebanon

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(1) Where paragraph (2) applies, an importer must pay to the Scottish Ministers the fee specified in the fourth column of schedule 3, in addition to any fee payable in accordance with regulations 3 and 4.

(2) This paragraph applies where potatoes originating in Egypt or Lebanon are landed in Scotland and a sample of those potatoes is taken in order to ascertain whether, for the purposes of point 26 of Annex 7 of the Phytosanitary Conditions Regulation, those potatoes are infected with Ralstonia solanacearum (Smith) Yabuuchi et al.

Revocations

6

(1) Subject to paragraph (2), the following regulations are revoked:—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the Plant Health (Import Inspection Fees) (Scotland) Regulations 2005 ;

(d) the Plant Health (Import Inspection Fees) (Scotland) Amendment (No. 2) Regulations 2007 ;

(e) the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2009 ;

(f) the Plant Health (Import Inspection Fees) (Scotland) Amendment (No. 2) Regulations 2009 ;

(g) the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2010 ; and

(h) the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2011 .

(2) Despite paragraph (1), an importer must pay to the Scottish Ministers any fee which is payable under ... regulation 4 of the Plant Health (Import Inspection Fees) (Scotland) Regulations 2005 in respect of a consignment, or part of a consignment, which was landed in Scotland prior to the coming into force of these Regulations.

SCHEDULE 1 — IMPORT INSPECTION FEES FOR PHYSICAL AND IDENTITY CHECKS

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