The Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2024

Made: 23rd April 2024

Coming into force: 30th April 2024

In accordance with paragraph 1(6) of schedule 7 of that Act[^f00002] draft of this instrument has been laid before and approved by the resolution of the Scottish Parliament.

Citation and commencement

1

These Regulations may be cited as the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2024 and come into force on 30 April 2024.

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

2

• (1) The Plant Health (Import Inspection Fees) (Scotland) Regulations 2014[^f00003] are amended as follows.

• (2) In regulation 2 (interpretation)[^f00004] after the definition of “Plant Health Regulation” insert—

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

• (3) In regulation 3 (application of the import inspection fee)[^f00005], for paragraph 2(a) substitute—

(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

• (4) In regulation 4 (fees)[^f00006]—

• (a) for paragraph (6) substitute—

(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.

• (b) for paragraph (8) substitute—

(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[^f00007] imported before 30th October 2024; 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[^f00008], imported into Scotland through a relevant port.

• (c) after paragraph (8) insert—

(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[^f00009].

• (5) For Regulation 5 (Additional fees in respect of Potatoes Originating in Egypt)[^f00010], substitute—

(5) (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.

• (6) For schedule 1 (import inspection fees for physical and identity checks), substitute the schedule in schedule 1 to these Regulations.

• (7) Omit schedule 2 (list of plants and plant products originating in an EU member state, Liechtenstein or Switzerland not subject to fees for documentary, identity and physical checks).

• (8) For schedule 2A (import inspection fee for documentary checks), substitute the schedule in schedule 2 to these Regulations.

• (9) In schedule 3 (additional fees), in column 2 of the table after “Egypt” insert “and Lebanon”.

SCHEDULE 1

SCHEDULE 2

Signed

LORNA SLATER — Authorised to sign by the Scottish Ministers — 23rd April 2024

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the Plant Health (Import Inspection Fees) (Scotland) Regulations 2014 (“the 2014 Regulations”).

Regulation 2(4) provides new fees for documentary checks relating to certain plants, plant products and other objects originating in an EU Member State, Liechtenstein or Switzerland. It also provides that no fee is payable for documentary, physical and identity checks relating to certain goods from EU Member States, Liechtenstein and Switzerland and provides exceptions to that rule for certain consignments originating in the EU and Switzerland; and consignments entering via a relevant port (as defined in Regulation 2(2)).

Regulation 2(5) clarifies the countries to which the additional fees in respect of potatoes applies.

Regulation 2(6) updates and corrects the import inspection fees for physical and identity checks.

Regulation 2(8) updates the table of fees for documentary checks for certain plants, plant products and other objects.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary, or public sector is foreseen.

Footnotes

[^f00001]: 2018 c. 16. The Scottish Ministers are an appropriate authority within the meaning of paragraph 8 of schedule 4 of the Act. Paragraph 7(1)(b) of schedule 4 was amended by paragraph 8(12) of schedule 2 of the Retained EU Law (Revocation and Reform) Act 2023 (c. 28) (“the 2023 Act”). Paragraph 21 of schedule 7 of the Act was amended by paragraph 53(2) of schedule 5 of the European Union (Withdrawal Agreement) Act 2020 (c. 1) and paragraph 8(14)(b) of schedule 2 of the 2023 Act.

[^f00002]: In relation to the exercise of powers under paragraph 7 of schedule 4 of the European Union (Withdrawal) Act 2018, paragraph 1(6) of schedule 7 is to be read with paragraph 12(3) of that schedule.

[^f00003]: S.S.I. 2014/338 relevantly amended by S.S.I. 2019/28, S.S.I. 2019/421, S.S.I. 2019/425, S.S.I. 2020/466, S.S.I. 2021/159, S.S.I. 2021/490 and S.S.I. 2022/230.

[^f00004]: Regulation 2 relevantly amended by S.S.I. 2020/466.

[^f00005]: Regulaton 3 was amended by S.S.I. 2019/421, S.S.I. 2019/425, S.S.I. 2020/466, S.S.I. 2021/159, and S.S.I. 2022/230.

[^f00006]: Regulation 4 was amended by S.S.I. 2021/159 and S.S.I. 2022/230.

[^f00007]: S.I. 2020/1482 relevantly amended by S.I. 2024/20.

[^f00008]: EUR 2016/2031 relevantly amended by S.I. 2020/1482.

[^f00009]: S.I. 2022/739 was amended by S.I. 2023/959.

[^f00010]: Regulation 5 was amended by S.S.I. 2019/421 and S.S.I. 2020/466.