Legalize / United Kingdom / Statutory-Instrument

The Plant Health (Fees) (England) Regulations 2012

Type Statutory-Instrument

Publication 2012-03-06

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

Reform history JSON API PDF

Made: 6th March 2012

Laid before Parliament: 12th March 2012

Coming into force: 6th April 2012

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Title, application, commencement and interpretation

1

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Import inspection fees

2

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Seed potatoes: fees

3

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Plant health licence fees

4

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Plant passport authorisation fees

5

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Potatoes originating in Egypt: fees

6

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Revocations

7

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SCHEDULE 1 — Import Inspection Fees

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SCHEDULE 2 — Import Inspection Fees: Reduced Rates

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SCHEDULE 3 — Import Inspection Fees: Documentary and Identity Checks

Column 1 Check	Column 2 Quantity	Column 3 Fee (£)
Documentary	each consignment	5.36
Identity	each consignment up to the size of a truck load, a railway wagon load or the load of a container of comparable size	5.36
Identity	each consignment bigger than the above size	10.71

SCHEDULE 4 — Seed Potatoes: Fees

Column 1 Function	Column 1 Function	Column 2 Fee[^f01000](£)	Column 3 Minimum fee (£)
Inspection of growing crops and provision of labels and seals in respect of applications	Inspection of growing crops and provision of labels and seals in respect of applications	Inspection of growing crops and provision of labels and seals in respect of applications	Inspection of growing crops and provision of labels and seals in respect of applications
(1) Of the rates listed in this column and in column 3, those that are marked with an asterisk are per hour or part of an hour, and those not so marked are per half-hectare or part of half-hectare.	(1) Of the rates listed in this column and in column 3, those that are marked with an asterisk are per hour or part of an hour, and those not so marked are per half-hectare or part of half-hectare.	(1) Of the rates listed in this column and in column 3, those that are marked with an asterisk are per hour or part of an hour, and those not so marked are per half-hectare or part of half-hectare.	(1) Of the rates listed in this column and in column 3, those that are marked with an asterisk are per hour or part of an hour, and those not so marked are per half-hectare or part of half-hectare.
Certification as pre-basic seed potato	Certification as pre-basic seed potato	122.57*	n/a
Certification as basic seed potato, classified as:	super elite 1, super elite 2 or super elite 3	61.29	122.57
Certification as basic seed potato, classified as:	elite 1, elite 2 or elite 3	61.29	122.57
Certification as basic seed potato, classified as:	A	58.26	116.52
Certification as certified seed potato	Certification as certified seed potato	52.96	105.93
Authorisation to market seed potatoes	Authorisation to market seed potatoes	122.57*	n/a
Inspection of harvested tubers	Inspection of harvested tubers	Inspection of harvested tubers	Inspection of harvested tubers
Up to two inspections	Up to two inspections	18.16	36.32
Third and subsequent inspections	Third and subsequent inspections	122.57*	n/a

SCHEDULE 5 — Plant Health Licence Fees

Column 1 Item	Column 2 Type of application or inspection	Column 3 Fee (£)
1	Application for a licence other than a licence covered by item 2 or 3	781.27
2	Application for a licence in respect of soil or other growing medium for analysis	563.54
3	Application for a licence for scientific or trial purposes covering 5 or more types of article	781.27, plus 30.74 per type of article in excess of 5
4	Application for renewal or variation of a licence with changes requiring scientific or technical assessment	256.15
5	Application for renewal of a licence with no changes, or for renewal or variation of a licence with only minor changes requiring no scientific or technical assessment	30.74
6	Inspection and associated activities (including travelling time and office time) for monitoring compliance with licence terms and conditions	42.06 per hour or part of an hour

Signed

Taylor of Holbeach — Parliamentary Under Secretary of State — Department for Environment, Food and Rural Affairs — 27th February 2012

Michael Fabricant — Jeremy Wright — Two of the Lords Commissioners of Her Majesty’s Treasury — 6th March 2012

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations, which apply in England only, specify fees payable to the Secretary of State in the field of plant health.

The fees are payable in relation to specified inspections and other operations carried out pursuant to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (OJ No L 169, 10.7.2000, p.1).

The fees for documentary, identity and plant health checks in relation to certain imports of plants, plant products and other objects from third countries (regulation 2 and Schedules 1, 2 and 3) are specified pursuant to the requirement in Article 13d of Directive 2000/29/EC.

The Regulations consolidate several previous instruments which dealt separately with particular fees in relation to plant health; those previous instruments are revoked (regulation 7). These Regulations do not introduce any new types of fee.

The fee levels provided for in this instrument form part of a phased move towards full cost recovery of fees over a period of three years. Most fees are substantially increased: import inspection fees by 229%, fees in relation to seed potatoes by 52%, licensing fees by 160%, fees for inspection of Egyptian potatoes by 184% and fees for plant passporting services by 55%. Further details are provided in the Explanatory Memorandum.

Full impact assessments of the effect that this instrument will have on the costs of business, in relation to each of the five types of fees covered by this instrument, are available using the following links:

http://www.ialibrary.bis.gov.uk/uploaded/DEFRA1352%20Final%20IA%20Plant%20Health%20Imports%20Inspection%20Fees.pdf

http://www.ialibrary.bis.gov.uk/uploaded/DEFRA1353%20Final%20IA%20Plant%20Health%20Licences.pdf

http://www.ialibrary.bis.gov.uk/uploaded/DEFRA1354%20Final%20IA%20Plant%20Passports.pdf

http://www.ialibrary.bis.gov.uk/uploaded/DEFRA1355%20Final%20IA%20Egypt%20Potato%20Imports.pdf

http://www.ialibrary.bis.gov.uk/uploaded/DEFRA1356%20Final%20IA%20Seed%20Potato%20Certification.pdf

The impact assessments are published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.

Footnotes

[^f00001]: S.I. 1972/1811. The function of the former Minister of Agriculture of making regulations under section 2(2) of the European Communities Act 1972 was transferred to the Secretary of State by the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794).

[^f00002]: 1972 c.68; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c.51), section 27(1)(a), and the European Union (Amendment) Act 2008 (c.7), Part 1 of the Schedule.

[^f00003]: 1973 c.51. Subsection (6) of section 56 was repealed by the Statute Law (Repeals) Act 1977 (c.18).

[^f00004]: OJ No L 169, 10.7.2000, p.1, as last amended by Commission Directive 2010/1/EU (OJ No L 7, 12.1.2010, p.17).

[^f00005]: S.I. 2005/2530; relevant amending instruments are S.I. 2006/2307 and 2008/2411.

[^f00006]: 1971 c.80; see section 1 and Schedule 1.

[^f00007]: S.I. 2006/1161, amended by S.I. 2008/560, 2009/2342 and 2010/1511.

[^f00008]: S.I. 2004/2590, to which there are amendments not relevant to these Regulations.

[^f00009]: OJ No L 319, 2.12.2011, p.112.

[^f00010]: S.I. 1996/26.

[^f00011]: S.I. 2004/1165.

[^f00012]: S.I. 2006/1160.

[^f00013]: S.I. 2007/720.

[^f00014]: S.I. 2010/2693, amended by S.I. 2012/103.

[^f00015]: S.I. 2012/103.

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Editorial notes

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