The Plant Health etc. (Fees) (England) (Amendment) Regulations 2020

Made: 6th January 2020

Laid before Parliament: 7th January 2020

Coming into force: 1st February 2020

The Secretary of State makes these Regulations, with the consent of the Treasury, in exercise of the powers conferred by section 56(1) and (2) of the Finance Act 1973[^f00001].

Citation and commencement

1

These Regulations may be cited as the Plant Health etc. (Fees) (England) (Amendment) Regulations 2020, and come into force on 1st February 2020.

Amendment of the Plant Health etc. (Fees) (England) Regulations 2018

2

• (1) The Plant Health etc. (Fees) (England) Regulations 2018[^f00002] are amended as follows.

• (2) After regulation 6 insert—

(6A) (1) Where an inspector takes a sample of potatoes originating in Lebanon in order to ascertain whether, for the purposes of Article 4 of the Decision, those potatoes are infected with Clavibacter michiganensissubspecies (Spieckermann and Kotthoff) Davis et al., the importer must pay a fee of £70.83 in respect of each lot sampled. (2) In paragraph (1), the “Decision” means Commission Implementing Decision (EU) 2019/1614 authorising Member States to provide for derogations from certain provisions of Council Directive 2000/29/EC in respect of potatoes, other than potatoes intended for planting, originating in the regions of Akkar and Bekaa of Lebanon[^f00003].

• (3) For Schedule 2 substitute—

SCHEDULE2

Signed

Gardiner of Kimble — Parliamentary Under Secretary of State — Department for Environment, Food and Rural Affairs — 6th January 2020

We consent

Rebecca Harris — David Rutley — Two of the Lords Commissioners of Her Majesty’s Treasury — 6th January 2020

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the Plant Health etc. (Fees) (England) Regulations 2018 (S.I. 2018/289) (the “2018 Regulations”) which specify fees payable to the Secretary of State in relation to plant health services and the certification of seed potatoes and fruit plants and fruit plant propagating material.

Regulation 2(2) inserts regulation 6A into the 2018 Regulations to provide for the fee payable by an importer of potatoes originating in Lebanon where an inspector samples a potato lot for the purposes of Commission Implementing Decision (EU) 2019/1614 authorising Member States to provide for derogations from certain provisions of Council Directive 2000/29/EC in respect of potatoes, other than potatoes intended for planting, originating in the regions of Akkar and Bekaa of Lebanon (OJ No L 250, 30.9.2019, p.85).

Regulation 2(3) substitutes Schedule 2 to the 2018 Regulations, which sets out reduced rate fees payable by the importer of a third country consignment for plant health checks in respect of certain plant and plant products which are subject to reduced levels of checks agreed under the procedure provided for in Articles 13a(2) and 18(2) of 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). This regulation gives effect to the latest notification published by the European Commission of the reduced plant health checks which are applicable to certain plants and plant products (published on 19 November 2019).

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

Footnotes

[^f00001]: 1973 c. 51; section 56(1) was amended by S.I. 2011/1043, and is prospectively amended by paragraph 17 of Schedule 8 to the European Union (Withdrawal) Act 2018 (c. 16) from a date and time to be appointed.

[^f00002]: S.I. 2018/289; relevant amending instruments are S.I. 2019/180, 1257 and 1488.

[^f00003]: OJ No. L250, 30.9.2019, p.85.