LegalizeThe Plant Health (Import Inspection Fees) (England) Regulations 2005
Made: 22nd March 2005
Laid before Parliament: 24th March 2005
Coming into force: 20th April 2005
The Secretary of State for Environment, Food and Rural Affairs, in exercise of the powers conferred on her by section 56(1) of the Finance Act 1973 , with the consent of the Treasury, hereby makes the following Regulations:
Title, commencement, extent and application
1
- (1) These Regulations may be cited as the Plant Health (Import Inspection Fees) (England) Regulations 2005 and shall come into force on 20th April 2005.
- (2) These Regulations extend to England and Wales but apply only in relation to England.
Interpretation
2
In these Regulations—
- “consignment” has the same meaning as in Article 2(1)(p) of the Directive;
- “daytime working hours” means any time between the hours of 8.30 a.m. to 5.00 p.m. on any day except a Saturday, Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England;
- “the Directive” means Council Directive 2000/29/EC of 8th May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community as last amended by Commission Directive 2005/15/EC of 28th February 2005 ;
- “documentary check” has the same meaning as in Article 13a(1)(b)(i) of the Directive;
- “identity check” has the same meaning as in Article 13a(1)(b)(ii) of the Directive;
- “plant” has the same meaning as in Article 2(1)(a) of the Directive;
- “plant health check” has the same meaning as in Article 13a(1)(b)(iii) of the Directive;
- “plant intended for planting” has the same meaning as in Article 2(1)(d) of the Directive;
- “plant product” has the same meaning as in Article 2(1)(b) of the Directive; and
- “third country” means a country or territory other than one within the European Community.
Consignments to which these Regulations apply
3
These Regulations apply to consignments of plants, plant products and other objects of a description specified in the first column of Schedule 1, landed in England from a third country, in respect of which Article 13d(1) of the Directive requires member States to charge phytosanitary fees to cover the costs occasioned by documentary checks, identity checks and plant health checks.
Fees
4
- (1) An importer of a consignment to which these Regulations apply shall pay to the Secretary of State the fees specified in this regulation.
- (2) In respect of a plant health check carried out on any consignment of plants, plant products or other objects, other than a consignment of a plant or plant product to which paragraph (3) applies, the fee payable shall be—
- (a) the fee specified in the third column of Schedule 1 in respect of a check carried out during daytime working hours; or
- (b) the fee specified in the fourth column of that Schedule in respect of a check carried out outside those hours.
- (3) In respect of a plant health check carried out, or which, but for Article 13a(2) of the Directive (providing for such checks to be carried out at reduced frequency), would have been required to be carried out, on a consignment of any plant or plant product listed in the first column of Schedule 2 and originating from a country listed in the third column of that Schedule, the fee payable, in accordance with Article 13d(2) of the Directive, shall be—
- (a) the fee specified in the fourth column of Schedule 2 in respect of a check carried out during daytime working hours; and
- (b) the fee specified in the fifth column of that Schedule in respect of a check carried out outside those hours.
- (4) In respect of a documentary check or an identity check carried out on any consignment the fee payable shall be the fee specified for that check in the third column of Schedule 3.
SCHEDULE 1 — IMPORT INSPECTION FEES FOR PLANT HEALTH CHECKS
| Plant, plant product or other object | Quantity | Fee (daytime working hours) | Fee (non-daytime working hours) |
|---|---|---|---|
| Cuttings, seedlings (except forestry reproductive material), young plants of strawberries or of vegetables | Per consignment | Per consignment | Per consignment |
| Cuttings, seedlings (except forestry reproductive material), young plants of strawberries or of vegetables | — up to 10,000 in number | £13.24 | £19.86 |
| Cuttings, seedlings (except forestry reproductive material), young plants of strawberries or of vegetables | — for each additional 1,000 units | £0.52 | £0.78 |
| Cuttings, seedlings (except forestry reproductive material), young plants of strawberries or of vegetables | — maximum price | £105.92 | £158.88 |
| Shrubs, trees (other than cut Christmas trees), other woody nursery plants including forest reproductive material (other than seed) | Per consignment | Per consignment | Per consignment |
| Shrubs, trees (other than cut Christmas trees), other woody nursery plants including forest reproductive material (other than seed) | — up to 1,000 in number | £13.24 | £19.86 |
| Shrubs, trees (other than cut Christmas trees), other woody nursery plants including forest reproductive material (other than seed) | — for each additional 100 units | £0.33 | £0.49 |
| Shrubs, trees (other than cut Christmas trees), other woody nursery plants including forest reproductive material (other than seed) | — maximum price | £105.92 | £158.88 |
| Bulbs, corms, rhizomes, tubers, intended for planting (other than tubers of potatoes) | Per consignment | Per consignment | Per consignment |
| Bulbs, corms, rhizomes, tubers, intended for planting (other than tubers of potatoes) | — up to 200 kg in weight | £13.24 | £19.86 |
| Bulbs, corms, rhizomes, tubers, intended for planting (other than tubers of potatoes) | — for each additional 10 kg | £0.12 | £0.18 |
| Bulbs, corms, rhizomes, tubers, intended for planting (other than tubers of potatoes) | — maximum price | £105.92 | £158.88 |
| Seeds, tissue cultures | Per consignment | Per consignment | Per consignment |
| Seeds, tissue cultures | — up to 100 kg in weight | £5.67 | £8.50 |
| Seeds, tissue cultures | — for each additional 10 kg | £0.13 | £0.19 |
| Seeds, tissue cultures | — maximum price | £105.92 | £158.88 |
| Other plants intended for planting, not specified elsewhere in this Schedule | Per consignment | Per consignment | Per consignment |
| Other plants intended for planting, not specified elsewhere in this Schedule | — up to 5,000 in number | £13.24 | £19.86 |
| Other plants intended for planting, not specified elsewhere in this Schedule | — for each additional 100 units | £0.13 | £0.19 |
| Other plants intended for planting, not specified elsewhere in this Schedule | — maximum price | £105.92 | £158.88 |
| Cut flowers | Per consignment | Per consignment | Per consignment |
| Cut flowers | — up to 20,000 in number | £13.24 | £19.86 |
| Cut flowers | — for each additional 1,000 units | £0.10 | £0.15 |
| Cut flowers | — maximum price | £105.92 | £158.88 |
| Branches with foliage, parts of conifers (other than cut Christmas trees) | Per consignment | Per consignment | Per consignment |
| Branches with foliage, parts of conifers (other than cut Christmas trees) | — up to 100 kg in weight | £13.24 | £19.86 |
| Branches with foliage, parts of conifers (other than cut Christmas trees) | — for each additional 100 kg | £1.32 | £1.98 |
| Branches with foliage, parts of conifers (other than cut Christmas trees) | — maximum price | £105.92 | £158.88 |
| Cut Christmas trees | Per consignment | Per consignment | Per consignment |
| Cut Christmas trees | — up to 1,000 in number | £13.24 | £19.86 |
| Cut Christmas trees | — for each additional 100 units | £1.32 | £1.98 |
| Cut Christmas trees | — maximum price | £105.92 | £158.88 |
| Leaves of plants, such as herbs, spices and leafy vegetables | Per consignment | Per consignment | Per consignment |
| Leaves of plants, such as herbs, spices and leafy vegetables | — up to 100 kg in weight | £13.24 | £19.86 |
| Leaves of plants, such as herbs, spices and leafy vegetables | — for each additional 10 kg | £1.32 | £1.98 |
| Leaves of plants, such as herbs, spices and leafy vegetables | — maximum price | £105.92 | £158.88 |
| Fruits, vegetables (other than leafy vegetables) | Per consignment | Per consignment | Per consignment |
| Fruits, vegetables (other than leafy vegetables) | — up to 25,000 kg in weight | £13.24 | £19.86 |
| Fruits, vegetables (other than leafy vegetables) | — for each additional 1,000 kg | £0.52 | £0.78 |
| Tubers of potatoes | Per lot | Per lot | Per lot |
| Tubers of potatoes | — up to 25,000 kg in weight | £39.72 | £59.58 |
| Tubers of potatoes | — for each additional 25,000 kg | £39.72 | £59.58 |
| Soil and growing medium, bark | Per consignment | Per consignment | Per consignment |
| Soil and growing medium, bark | — up to 25,000 kg in weight | £13.24 | £19.86 |
| Soil and growing medium, bark | — for each additional 1,000 kg | £0.52 | £0.78 |
| Soil and growing medium, bark | — maximum price | £105.92 | £158.88 |
| Grain | Per consignment | Per consignment | Per consignment |
| Grain | — up to 25,000 kg in weight | £13.24 | £19.86 |
| Grain | — for each additional 1,000 kg | £0.52 | £0.78 |
| Grain | — maximum price | £529.60 | £794.40 |
| Other plants or plant products not specified elsewhere in this Schedule, except forest trees | Per consignment | £13.24 | £19.86 |
SCHEDULE 2 — REDUCED IMPORT INSPECTION FEES FOR PLANT HEALTH CHECKS
| Genus | Quantity | Country of origin | Fee (daytime working hours) | Fee (non-daytime working hours) |
|---|---|---|---|---|
| Cut flowers | ||||
| Aster | Per consignment | |||
| — up to 20,000 in number | Zimbabwe | £3.31 | £4.96 | |
| — for each additional 1,000 units | Zimbabwe | £0.02 | £0.03 | |
| — maximum price | Zimbabwe | £26.48 | £39.72 | |
| Dianthus | Per consignment | |||
| — up to 20,000 in number | Colombia | £0.40 | £0.60 | |
| Ecuador | £1.98 | £2.97 | ||
| Morocco, Turkey | £3.31 | £4.96 | ||
| — for each additional 1,000 units | Colombia | £0.003 | £0.004 | |
| Ecuador | £0.01 | £0.015 | ||
| Morocco, Turkey | £0.02 | £0.03 | ||
| — maximum price | Colombia | £3.17 | £4.75 | |
| Ecuador | £15.88 | £23.82 | ||
| Morocco, Turkey | £26.48 | £39.72 | ||
| Rosa | Per consignment | |||
| — up to 20,000 in number | Ecuador, Kenya, Uganda, Zimbabwe | £0.66 | £0.99 | |
| Colombia | £1.32 | £1.98 | ||
| — for each additional 1,000 units | Ecuador, Kenya, Uganda, Zimbabwe | £0.005 | £0.007 | |
| Colombia | £0.01 | £0.015 | ||
| — maximum price | Ecuador, Kenya, Uganda, Zimbabwe | £5.29 | £7.94 | |
| Colombia | £10.59 | £15.89 | ||
| Fruit | ||||
| Malus | Per consignment | |||
| — up to 25,000 kg in weight | Chile, South Africa | £1.32 | £1.98 | £1.98 |
| Argentina, New Zealand | £1.98 | £2.97 | ||
| Brazil | £3.31 | £4.96 | ||
| China | £6.62 | £9.93 | ||
| — for each additional 1,000 kg | Chile, South Africa | £0.05 | £0.07 | |
| Argentina, New Zealand | £0.07 | £0.10 | ||
| Brazil | £0.13 | £0.19 | ||
| China | £0.26 | £0.39 | ||
| Mangifera | Per consignment | |||
| — up to 25,000 kg in weight | Brazil | £1.32 | £1.98 | |
| South Africa | £6.62 | £9.93 | ||
| — for each additional 1,000 kg | Brazil | £0.05 | £0.07 | |
| South Africa | £0.26 | £0.39 | ||
| Prunus | Per consignment | |||
| — up to 25,000 kg in weight | Chile, South Africa, Turkey | £1.32 | £1.98 | |
| Argentina | £1.98 | £2.97 | ||
| — for each additional 1,000 kg | Chile, South Africa, Turkey | £0.05 | £0.07 | |
| Argentina | £0.07 | £0.10 | ||
| Pyrus | Per consignment | |||
| — up to 25,000 kg in weight | South Africa | £1.32 | £1.98 | |
| Argentina | £1.98 | £2.97 | ||
| Chile | £3.31 | £4.96 | ||
| China | £6.62 | £9.93 | ||
| — for each additional 1,000 kg | South Africa | £0.05 | £0.07 | |
| Argentina | £0.07 | £0.10 | ||
| Chile | £0.13 | £0.19 | ||
| China | £0.26 | £0.39 | ||
| Citrus | Per consignment | |||
| — up to 25,000 kg in weight | Morocco | £0.66 | £0.99 | |
| Turkey | £0.92 | £1.38 | ||
| USA | £1.32 | £1.98 | ||
| Israel, Mexico, Uruguay | £1.98 | £2.97 | ||
| — for each additional 1,000 kg | Morocco | £0.02 | £0.03 | |
| Turkey | £0.03 | £0.04 | ||
| USA | £0.05 | £0.07 | ||
| Israel, Mexico, Uruguay | £0.07 | £0.10 |
SCHEDULE 3 — IMPORT INSPECTION FEES FOR DOCUMENTARY CHECKS AND IDENTITY CHECKS
| Check | Quantity | Fee |
|---|---|---|
| Documentary check | Per consignment | £5.29 |
| Identity check | Per consignment | |
| — up to a size of a truck load, a railway wagon load or the load of a container of comparable size | £5.29 | |
| — bigger than the above size | £10.58 |
Signed
Ben Bradshaw — Parliamentary Under Secretary of State — 21st March 2005
We consent,
Nick Ainger — John Heppell — Two of the Lords Commissioners of Her Majesty's Treasury — 22nd March 2005
Explanatory note
(This note is not part of the Order)
Footnotes
[^f00001]: 1973 c. 51.
[^f00002]: 1971 c. 80.
[^f00003]: OJ No. L 169, 10.7.00, p. 1.
[^f00004]: OJ No. L 56, 2.3.2005, p. 12.
Where the total amount of any fee comprises an amount of less than £0.01, that amount shall be excluded.
Editorial notes
[^c11910451]: 1973 c. 51.
[^c11910461]: 1971 c. 80.
[^c11910471]: OJ No. L 169, 10.7.00, p. 1.
[^c11910481]: OJ No. L 56, 2.3.2005, p. 12.
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