LegalizeThe Plant Health (Fees) (Wales) (Amendment) Regulations 2015
Made: 17 March 2015
Laid before the National Assembly for Wales: 19 March 2015
Coming into force: 9 April 2015
The Welsh Ministers make these Regulations, with the consent of the Treasury, in exercise of the powers conferred by section 56(1) of the Finance Act 1973[^f00001] and now vested in them[^f00002].
Title, application and commencement
1
The title of these Regulations is the Plant Health (Fees) (Wales) (Amendment) Regulations 2015. They apply in relation to Wales and come into force on 9 April 2015.
Amendment of the Plant Health (Fees) (Wales) Regulations 2014
2
The Plant Health (Fees) (Wales) Regulations 2014[^f00003] are amended as follows.
Regulation 2(3)
3
For paragraph (3) of regulation 2 (import inspection fees), substitute—
(3) But where an importer or any other person responsible for a consignment requests that the plant health check in respect of the consignment be carried out outside daytime working hours and the whole of the plant health check is carried out on the consignment outside daytime working hours, the fee payable under paragraph (2)(a) in respect of the consignment is— (a) the fee specified in column 4 of Schedule 1 to the extent (if any) that the consignment is a consignment to which paragraph (2)(a)(i) applies; or (b) the fee specified in column 5 of Schedule 2 to the extent (if any) that the consignment is a consignment to which paragraph (2)(a)(ii) applies.
Schedule 2
4
For Schedule 2 (import inspection fees: reduced rates), substitute—
SCHEDULE2
| Column 1 | Column 2 | Column 3 | Column 4 | Column 5 |
|---|---|---|---|---|
| Genus | Quantity | Country of origin | Fee for each consignment or relevant part of a consignment (daytime working hours) (£) | Fee for each consignment or relevant part of a consignment (non-daytime working hours) (£) |
| Cut Flowers | Cut Flowers | Cut Flowers | Cut Flowers | Cut Flowers |
| Dianthus | up to 20,000 in number | Colombia | 1.43 | 2.15 |
| Dianthus | up to 20,000 in number | Ecuador | 7.18 | 10.77 |
| Dianthus | up to 20,000 in number | Kenya | 2.39 | 3.59 |
| Dianthus | up to 20,000 in number | Turkey | 11.96 | 17.95 |
| Dianthus | each additional 1,000 or part thereof | Colombia | 0.01, up to a maximum of 11.48 | 0.01, up to a maximum of 17.23 |
| Dianthus | each additional 1,000 or part thereof | Ecuador | 0.05, up to a maximum of 57.43 | 0.08, up to a maximum of 86.15 |
| Dianthus | each additional 1,000 or part thereof | Kenya | 0.02, up to a maximum of 19.14 | 0.03, up to a maximum of 28.71 |
| Dianthus | each additional 1,000 or part thereof | Turkey | 0.09, up to a maximum of 95.73 | 0.13, up to a maximum of 143.59 |
| Rosa | up to 20,000 in number | Colombia | 1.43 | 2.15 |
| Rosa | up to 20,000 in number | Ecuador | 1.43 | 2.15 |
| Rosa | up to 20,000 in number | Ethiopia | 4.78 | 7.18 |
| Rosa | up to 20,000 in number | Kenya | 2.39 | 3.59 |
| Rosa | up to 20,000 in number | Tanzania | 7.18 | 10.77 |
| Rosa | up to 20,000 in number | Zambia | 7.18 | 10.77 |
| Rosa | each additional 1,000 or part thereof | Colombia | 0.01, up to a maximum of 11.48 | 0.01, up to a maximum of 17.23 |
| Rosa | each additional 1,000 or part thereof | Ecuador | 0.01, up to a maximum of 11.48 | 0.01, up to a maximum of 17.23 |
| Rosa | each additional 1,000 or part thereof | Ethiopia | 0.04, up to a maximum of 38.29 | 0.06, up to a maximum of 57.43 |
| Rosa | each additional 1,000 or part thereof | Kenya | 0.02, up to a maximum of 19.14 | 0.03, up to a maximum of 28.71 |
| Rosa | each additional 1,000 or part thereof | Tanzania | 0.05, up to a maximum of 57.43 | 0.08, up to a maximum of 86.15 |
| Rosa | each additional 1,000 or part thereof | Zambia | 0.05, up to a maximum of 57.43 | 0.08, up to a maximum of 86.15 |
| Column 1 Genus | Column 2 Quantity | Column 3 Country of origin | Column 4 Fee for each consignment or relevant part of a consignment (daytime working hours) (£) | Column 5 Fee for each consignment or relevant part of a consignment (non-daytime working hours) (£) |
| --- | --- | --- | --- | --- |
| Branches with foliage | Branches with foliage | Branches with foliage | Branches with foliage | Branches with foliage |
| Phoenix | up to 100 kg | Costa Rica | 16.75 | 25.13 |
| Phoenix | each additional 100 kg or part thereof | Costa Rica | 1.66, up to a maximum of 134.02 | 2.49, up to a maximum of 201.03 |
| Fruit | Fruit | Fruit | Fruit | Fruit |
| Citrus | up to 25,000 kg | Egypt | 7.18 | 10.77 |
| Citrus | up to 25,000 kg | Israel | 4.78 | 7.18 |
| Citrus | up to 25,000 kg | Mexico | 4.78 | 7.18 |
| Citrus | up to 25,000 kg | Morocco | 2.39 | 3.59 |
| Citrus | up to 25,000 kg | Peru | 4.78 | 7.18 |
| Citrus | up to 25,000 kg | Tunisia | 35.90 | 53.85 |
| Citrus | up to 25,000 kg | Turkey | 1.43 | 2.15 |
| Citrus | up to 25,000 kg | Uruguay | 35.90 | 53.85 |
| Citrus | up to 25,000 kg | USA | 7.18 | 10.77 |
| Citrus | each additional 1,000 kg or part thereof | Egypt | 0.28 | 0.43 |
| Citrus | each additional 1,000 kg or part thereof | Israel | 0.19 | 0.28 |
| Citrus | each additional 1,000 kg or part thereof | Mexico | 0.19 | 0.28 |
| Citrus | each additional 1,000 kg or part thereof | Morocco | 0.09 | 0.14 |
| Citrus | each additional 1,000 kg or part thereof | Peru | 0.19 | 0.28 |
| Citrus | each additional 1,000 kg or part thereof | Tunisia | 1.43 | 2.15 |
| Citrus | each additional 1,000 kg or part thereof | Turkey | 0.05 | 0.08 |
| Citrus | each additional 1,000 kg or part thereof | Uruguay | 1.43 | 2.15 |
| Citrus | each additional 1,000 kg or part thereof | USA | 0.28 | 0.43 |
| Malus | up to 25,000 kg | Argentina | 11.96 | 17.95 |
| Malus | up to 25,000 kg | Brazil | 11.96 | 17.95 |
| Malus | up to 25,000 kg | Chile | 2.39 | 3.59 |
| Malus | up to 25,000 kg | New Zealand | 4.78 | 7.18 |
| Malus | up to 25,000 kg | South Africa | 2.39 | 3.59 |
| Malus | up to 25,000 kg | USA | 23.93 | 35.90 |
| Malus | each additional 1,000 kg or part thereof | Argentina | 0.47 | 0.71 |
| Malus | each additional 1,000 kg or part thereof | Brazil | 0.47 | 0.71 |
| Malus | each additional 1,000 kg or part thereof | Chile | 0.09 | 0.14 |
| Malus | each additional 1,000 kg or part thereof | New Zealand | 0.19 | 0.28 |
| Malus | each additional 1,000 kg or part thereof | South Africa | 0.09 | 0.14 |
| Malus | each additional 1,000 kg or part thereof | USA | 0.95 | 1.43 |
| Passiflora | up to 25,000 kg | Colombia | 4.78 | 7.18 |
| Passiflora | up to 25,000 kg | Kenya | 4.78 | 7.18 |
| Passiflora | up to 25,000 kg | South Africa | 16.75 | 25.13 |
| Passiflora | up to 25,000 kg | Zimbabwe | 35.90 | 53.85 |
| Passiflora | each additional 1,000 kg or part thereof | Colombia | 0.19 | 0.28 |
| Passiflora | each additional 1,000 kg or part thereof | Kenya | 0.19 | 0.28 |
| Passiflora | each additional 1,000 kg or part thereof | South Africa | 0.66 | 1.00 |
| Passiflora | each additional 1,000 kg or part thereof | Zimbabwe | 1.43 | 2.15 |
| Column 1 Genus | Column 2 Quantity | Column 3 Country of origin | Column 4 Fee for each consignment or relevant part of a consignment (daytime working hours) (£) | Column 5 Fee for each consignment or relevant part of a consignment (non-daytime working hours) (£) |
| --- | --- | --- | --- | --- |
| Prunus | up to 25,000 kg | Argentina | 23.93 | 35.90 |
| Prunus | up to 25,000 kg | Chile | 4.78 | 7.18 |
| Prunus | up to 25,000 kg | Morocco | 23.93 | 35.90 |
| Prunus | up to 25,000 kg | South Africa | 4.78 | 7.18 |
| Prunus | up to 25,000 kg | Turkey | 4.78 | 7.18 |
| Prunus | up to 25,000 kg | USA | 4.78 | 7.18 |
| Prunus | each additional 1,000 kg or part thereof | Argentina | 0.95 | 1.43 |
| Prunus | each additional 1,000 kg or part thereof | Chile | 0.19 | 0.28 |
| Prunus | each additional 1,000 kg or part thereof | Morocco | 0.95 | 1.43 |
| Prunus | each additional 1,000 kg or part thereof | South Africa | 0.19 | 0.28 |
| Prunus | each additional 1,000 kg or part thereof | Turkey | 0.19 | 0.28 |
| Prunus | each additional 1,000 kg or part thereof | USA | 0.19 | 0.28 |
| Psidium | up to 25,000 kg | Brazil | 35.90 | 53.85 |
| Psidium | each additional 1,000 kg or part thereof | Brazil | 1.43 | 2.15 |
| Pyrus | up to 25,000 kg | Argentina | 4.78 | 7.18 |
| Pyrus | up to 25,000 kg | Chile | 7.18 | 10.77 |
| Pyrus | up to 25,000 kg | China | 23.93 | 35.90 |
| Pyrus | up to 25,000 kg | South Africa | 4.78 | 7.18 |
| Pyrus | each additional 1,000 kg or part thereof | Argentina | 0.19 | 0.28 |
| Pyrus | each additional 1,000 kg or part thereof | Chile | 0.28 | 0.43 |
| Pyrus | each additional 1,000 kg or part thereof | China | 0.95 | 1.43 |
| Pyrus | each additional 1,000 kg or part thereof | South Africa | 0.19 | 0.28 |
| Vaccinium | up to 25,000 kg | Argentina | 11.96 | 17.95 |
| Vaccinium | each additional 1,000 kg or part thereof | Argentina | 0.47 | 0.71 |
| Vegetables | Vegetables | Vegetables | Vegetables | Vegetables |
| Capsicum | up to 25,000 kg | Israel | 2.39 | 3.59 |
| Capsicum | up to 25,000 kg | Morocco | 4.78 | 7.18 |
| Capsicum | each additional 1,000 kg or part thereof | Israel | 0.09 | 0.14 |
| Capsicum | each additional 1,000 kg or part thereof | Morocco | 0.19 | 0.28 |
| Momordica | up to 25,000 kg | Surinam | 16.75 | 25.13 |
| Momordica | each additional 1,000 kg or part thereof | Surinam | 0.66 | 1.00 |
| Solanum melongena | up to 25,000 kg | Kenya | 4.78 | 7.18 |
| Solanum melongena | up to 25,000 kg | Turkey | 4.78 | 7.18 |
| Solanum melongena | each additional 1,000 kg or part thereof | Kenya | 0.19 | 0.28 |
| Solanum melongena | each additional 1,000 kg or part thereof | Turkey | 0.19 | 0.28 |
Signed
Rebecca Evans — Deputy Minister for Farming and Food, under authority of the Minister for Natural Resources, one of the Welsh Ministers — 17 March 2015
Explanatory note
(This note is not part of the Regulations)
EXPLANATORY NOTE
These Regulations amend the Plant Health (Fees) (Wales) Regulations 2014 (S.I. 2014/1792 (W. 185)) (“the principal Regulations”).
The principal Regulations implement Article 13d 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) (“the Directive”). Article 13d of the Directive requires Member States to charge fees to cover the costs of documentary, identity and plant health checks of certain imports of plants, plant products and other objects from third countries set out in Annex V, Part B of the Directive.
Regulation 3 amends regulation 2(3) of the principal Regulations to clarify the fees that are payable in respect of plant health checks which are carried out on consignments (or parts of consignments) outside daytime working hours.
Schedule 2 to the principal Regulations sets out reduced rate fees for certain plants and plant products which are subject to reduced levels of plant health checks agreed under the procedure provided for in Articles 13a(2) and 18(2) of the Directive. Regulation 4 of these Regulations amends Schedule 2 to give effect to the notification published by the European Commission on 30 September 2014 of the reduced levels of plant health checks which are applicable to certain plants and plant products.
The inspection rates for Citrusfrom Tunisia and Uruguay have increased (from 25% to 75% and 15% to 75% respectively) with matching increases in fees.
Fruit of Mangiferafrom Brazil are no longer eligible for reduced rate fees since this commodity is subject to an inspection rate of 100%. Accordingly, the relevant entry is removed from Schedule 2 and the fees in Schedule 1 to the principal Regulations are applied to these consignments.
The inspection rates for the following have decreased with matching decreases in fees: Rosafrom Zambia (from 25% to 15%), Citrusfrom Mexico and Peru (from 15% to 10%), Prunusfrom Turkey and the USA (15% to 10%), Psidiumfrom Brazil (from 100% to 75%) and Pyrus from Chile (from 25% to 15%).
Fruit of Capsicumfrom Morocco are eligible for a reduced rate fee corresponding to its inspection rate of 10%. The reduced rate fee for this commodity is added to Schedule 2.
The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.
Footnotes
[^f00001]: 1973 c. 51. Subsection (1) was amended by S.I. 2011/1043, article 6(1)(e).
[^f00002]: By virtue of section 59(5) of the Government of Wales Act 2006 (c. 32).
[^f00003]: S.I. 2014/1792 (W. 185).
Editorial notes
[^key-dbf3a9c5a89c14d05e3e127c9383c06e]: Reg. 1 in force at 9.4.2015, see reg. 1
[^key-c33b44adabe65a46878d031c7b2e7d14]: Reg. 2 in force at 9.4.2015, see reg. 1
[^key-240994ab5a5d418f22c17f5f987f73a1]: Reg. 3 in force at 9.4.2015, see reg. 1
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