LegalizeThe Plant Health (Export Certification) (Scotland) Order 2018
Made: 25th April 2018
Laid before the Scottish Parliament: 27th April 2018
Coming into force: 1st June 2018
The Scottish Ministers make the following Order in exercise of the powers conferred by sections 3(1), (2) and (4) and 4A of the Plant Health Act 1967 and of all other powers enabling them to do so.
Citation, commencement and extent
1
- (1) This Order may be cited as the Plant Health (Export Certification) (Scotland) Order 2018 and comes into force on 1st June 2018.
- (2) This Order extends to Scotland only.
Interpretation
2
In this Order—
- “certificate” means a phytosanitary certificate or a phytosanitary certificate for re-export;
- “consignment” means a quantity of goods being covered by a single document required for customs formalities or for other formalities, such as a single phytosanitary certificate or single alternative document or mark and may be composed of one or more lots;
- ...
- “inspector” means a plant health inspector for the purposes of the Plant Health Official Controls Regulations;
- ...
- “phytosanitary certificate” means a certificate which complies with the relevant requirements of Article 100 of the ... Plant Health Regulation;
- “phytosanitary certificate for re-export” means a certificate for re-export which complies with the relevant requirements of Article 101 of the ... Plant Health Regulation;
- “the Plant Health Official Controls Regulations” means the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019;
- “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 ,
- “premises” includes any land, building, vessel, vehicle, aircraft, hovercraft or freight container;
- ...
- “soil” includes any medium used for the growing of plant material and “soil sample” is construed accordingly; and
- ...
Phytosanitary certificates for export of plants etc. to third countries
3
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Fees for export certification services
4
- (1) A person who applies to the Scottish Ministers for a certificate ... in relation to a plant, plant product or other object, must pay to the Scottish Ministers any fee prescribed in column 3 of the table in the schedule 1 which corresponds to a service described in column 2 of the table which has been performed by an inspector in connection with that application.
- (2) Paragraph (3) applies where—
- (a) a service listed in column 2 of the table in the schedule 1 includes the issue of a certificate ...; and
- (b) the application for the issue of the certificate ... is refused by an inspector by reason of the results of any related inspection, examination or test.
- (3) A fee is still payable for the service mentioned in paragraph (2)(a) by the person mentioned in paragraph (1).
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Offences and penalties
5
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Offences by bodies corporate etc.
6
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Revocations
7
The following Orders are revoked—
- (a) the Plant Health (Export Certification) (Scotland) Order 2004 .
- (b) the Plant Health (Export Certification) (Scotland) Amendment Order 2007 .
Schedule 1 — Applications for certificates: table of fees
| Column 1No. | Column 2Service | Column 3Fee |
|---|---|---|
| 1 | aIssue of a phytosanitary certificate for the export of grain. | £25.00 |
| 1 | bPre-export laboratory testing of grain. | £70.00 per hour or any part thereof |
| 2 | Pre-planting testing for the presence of potato cyst nematodes of one soil sample from a field, or part thereof, comprising not more than 4 hectares, or from a glass-house or container. | £40.00 |
| 3 | aPre-export inspection of, and issue of a phytosanitary certificate for the export of, a consignment of bulbs (where the value of the consignment is more than £250.00), malt barley or oil seed rape, where an inspection at the premises of the grower is necessary. | £70.00 |
| 3 | bIssue of a second or subsequent phytosanitary certificate for the export of such a consignment, where no additional inspection is required. | £25.00 |
| 3 | cPre-export laboratory testing for malt barley or oil seed rape. | £70.00 per hour or any part thereof |
| 4 | aPre-export inspection of, and the issue of a phytosanitary certificate for the export of, a consignment of bulbs, ware potatoes, other plants and plant products (other than those mentioned in another entry of this table), where an inspection at the premises of the grower is necessary— | |
| 4 | iwhere the value of the consignment is less than or equal to £250.00; | £40.00 |
| 4 | iiwhere the value of the consignment is more than £250.00. | £70.00 |
| 4 | bIssue of a second or subsequent phytosanitary certificate for the export of a consignment of equal or lesser value to that mentioned in paragraph (a) of this entry, where an inspection is carried out at the same location on the same day. | £25.00 |
| 5 | aPre-export inspection of, and the issue of a phytosanitary certificate for the export of, used agricultural machinery to ensure that any machinery is free of any trace of soil or plant debris. | £70.00 |
| 5 | bIssue of a second or subsequent phytosanitary certificate for the export of used agricultural machinery of equal or lesser value to that mentioned in paragraph (a) of this entry, where an inspection is carried out at the same location on the same day. | £25.00 |
| 6 | Pre-export inspection of, and the issue of a phytosanitary certificate for the export of, a consignment of bulbs, plants and plant products (other than seeds) delivered to the Scottish Government or for botanical research. | £35.00 |
| 7 | Issue of a phytosanitary certificate for the export of a consignment containing plant products which are either dried, frozen or processed. | £25.00 |
| 8 | Pre-export consignment testing of one soil sample for the presence of potato cyst nematodes and the issue of a phytosanitary certificate for the export of seed potatoes where such testing is necessary. | £40.00 |
| 9 | Growing season inspection of— | |
| 9 | aoutdoor plants: | |
| 9 | ifirst 0.5 hectares, or part thereof; | £40.00 per day |
| 9 | iieach additional 0.1 hectare, or part thereof, inspected on the same day as those under (i); | £5.00 |
| 9 | bindoor plants: | |
| 9 | ifirst 5,000 or part thereof; | £40.00 per day |
| 9 | iieach additional 1,000, or part thereof, up to a maximum of 70,000 per day, inspected on the same day as those under (i); | £5.00 |
| 9 | cbulbs: | |
| 9 | ifirst 0.5 hectares. or part thereof; | £40.00 per day |
| 9 | iieach additional 0.1 hectare, or part thereof, inspected on the same day as those under (i). | £5.00 |
| 10 | Pre-export testing of potato tuber samples— | |
| 10 | afor potato brown rot and ring rot: | |
| 10 | ibrown rot visual test; | £55.00 |
| 10 | iibrown rot latent test; | £158.00 |
| 10 | iiiring rot latent test; | £158.00 |
| 10 | ivcombined brown rot and ring rot latent test; | £170.00 |
| 10 | bfor gangrene; | £95.00 |
| 10 | cfor potato viruses: | |
| 10 | iaagrowing on test (200 tubers tested for 2 viruses); | £240.00 |
| 10 | bbgrowing on test (each additional 50 tubers or part thereof tested for 2 viruses); | £60.00 |
| 10 | cctesting for additional viruses (200 tubers); | £20.00 (per virus) |
| 10 | ddtesting for additional viruses (each additional 50 tubers or part thereof); | £5.00 (per virus) |
| 10 | iiaadirect tuber test (200 tubers tested for 2 viruses); | £270.00 |
| 10 | bbdirect tuber test (each additional 50 tubers or part thereof); | £63.00 (per virus) |
| 10 | cctesting for additional viruses (200 tubers); | £20.00 (per virus) |
| 10 | ddtesting for additional viruses (each additional 50 tubers or part thereof); | £5.00 (per virus) |
| 10 | iiiaaleaf sample test (100 leaves tested for 4 viruses); | £155.00 |
| 10 | bbleaf sample test (each additional 50 leaves or part thereof tested for 4 viruses); | £78.00 |
| 10 | cctesting for additional viruses (100 leaves); | £10.00 (per virus) |
| 10 | ddtesting for additional viruses (each additional 50 leaves or part thereof). | £5.00 (per virus) |
| 11 | Pre-export testing for potato spindle tuber viroid. | £50.00 per hour or any part thereof |
| 12 | Any other pre-export laboratory testing, other than seed testing or testing of the commodities listed in entries 1(a) and 3(a) of this table. | £45.00 per hour or any part thereof |
| 13 | Growing crop inspection and pre-export seed testing work and the issue of a phytosanitary certificate in respect of seed samples. | £70.00 per hour or any part thereof |
| 14 | . . . | . . . |
| 15 | Issue of a phytosanitary certificate for re-export or a duplicate phytosanitary certificate or a phytosanitary certificate for re-export where the original has been lost, stolen, destroyed or materially damaged. | £15.00 |
| 16 | Amending a certificate at the request of the exporter after issue. | £15.00 |
Signed
FERGUS EWING — A member of the Scottish Government — 2018-04-25
Explanatory note
(This note is not part of the Order)
Footnotes
[^f00001]: 1967 c.8; sections 3(1) and (2) were amended by the European Communities Act 1972 (c.68), section 4 and schedule 4, paragraph 8; section 3(1) was also amended by S.I. 2011/1043, article 6(1); section 3(4) was substituted by the Criminal Justice Act 1982 (c.48), section 42 and amended by the Statute Law (Repeals) Act 1993 (c.50), schedule 1, part XIV; and section 4A was inserted by the Agriculture Act 1986 (c.49), section 3. Section 1(2) of the 1967 Act specifies the competent authorities for the purposes of the Act. The functions of the Secretary of State insofar as exercisable within devolved competence were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46). The requirement to obtain Treasury consent was removed by section 55 of that Act.
[^f00002]: S.S.I. 2005/613; articles 7 and 15 were amended by S.I. 2011/1043, article 6(1); article 15 was also amended by S.S.I. 2016/83.
[^f00003]: S.S.I. 2005/613, as amended by S.S.I. 2006/474, S.S.I. 2007/415, S.S.I. 2007/498, S.S.I. 2008/300, S.S.I. 2008/350, S.S.I. 2009/153, S.S.I. 2010/206, S.S.I. 2010/342, S.I. 2011/1043, S.S.I. 2012/266, S.S.I. 2012/326, S.S.I. 2013/5, S.S.I. 2013/187, S.S.I. 2013/366, S.S.I. 2014/140, S.S.I. 2015/10, S.S.I. 2016/83 and S.S.I. 2018/112.
[^f00004]: Adopted in 1951 (Treaty Series No. 16 (1954), Cmd 9077) and revised in 1979 (Miscellaneous Series No. 1 (1981), Cmnd 8108) and in 1997. The revised 1997 text entered into force in 2005 (1004/597/EC, Council Decision of 19th July 2004 approving the accession of the European Community to the International Plant Protection Convention, as revised and approved by Resolution 12/97 of the 29th Session of the FAO Conference in November 1997; OJ L 267 of 14/08/2004, p.39).
[^f00005]: S.S.I. 2004/248, as amended by S.S.I. 2007/137.
[^f00006]: S.S.I. 2007/137.
Editorial notes
[^c22964331]: 1967 c.8; sections 3(1) and (2) were amended by the European Communities Act 1972 (c.68), section 4 and schedule 4, paragraph 8; section 3(1) was also amended by S.I. 2011/1043, article 6(1); section 3(4) was substituted by the Criminal Justice Act 1982 (c.48), section 42 and amended by the Statute Law (Repeals) Act 1993 (c.50), schedule 1, part XIV; and section 4A was inserted by the Agriculture Act 1986 (c.49), section 3. Section 1(2) of the 1967 Act specifies the competent authorities for the purposes of the Act. The functions of the Secretary of State insofar as exercisable within devolved competence were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46). The requirement to obtain Treasury consent was removed by section 55 of that Act.
[^c22964371]: S.S.I. 2004/248, as amended by S.S.I. 2007/137.
[^c22964381]: S.S.I. 2007/137.
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