LegalizeThe Plant Health (Fees) (Forestry) (Wales) Regulations 2019
Made: 5 March 2019
Laid before the National Assembly for Wales: 7 March 2019
Coming into force: 28 March 2019
The Welsh Ministers are designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the common agricultural policy of the European Union and make these Regulations in exercise of the powers conferred on them by that section.
Title, application and commencement
1
- (1) The title of these Regulations is the Plant Health (Fees) (Forestry) (Wales) Regulations 2019.
- (2) These Regulations apply in relation to Wales.
- (3) These Regulations come into force on 28 March 2019.
Interpretation
2
- (1) In these Regulations—
- “approved place of inspection” (“man arolygu a gymeradwywyd”) has the meaning given in regulation 13(10) of the Official Controls (Plant Health) Regulations 2020;
- “controlled consignment” means a consignment which— is introduced into Wales from a third country; andconsists of, or includes, isolated bark or wood of a type that is described in Part A of Annex 11, or Annex 12, to Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants.
- “the ... Plant Health Regulation” (“Rheoliad Iechyd Planhigion yr UE”) means Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants;
- “forestry remedial notice” (“hysbysiad adfer coedwigaeth”) means a notice served by a plant health inspector under regulation 10 or 15(1) or (2) of the Official Controls (Plant Health) Regulations 2020;
- “licence” (“trwydded”) means—a licence referred to in regulation 51(1) of the Official Controls (Plant Health) Regulations 2020 that has been granted by the Welsh Ministers, oran authorisation described in regulation 20(1)(a) or (b)(i) or 21(1)(a) or (b) of the Official Controls (Plant Health) Regulations 2020 granted by the Welsh Ministers;
- “the Official Controls (Plant Health) Regulations 2020” (“Rheoliadau Rheolaethau Swyddogol (Iechyd Planhigion) 2020”) means the Official Controls (Plant Health and Genetically Modified Organisms) (Wales) Regulations 2020;
- ...
- ...
- “plant health inspector” (“arolygydd iechyd planhigion”) means an official plant health officer appointed by the Welsh Ministers for the purposes of the Official Controls (Plant Health) Regulations 2020;
- “plant passport authority” (“awdurdodiad pasbort planhigion”) means an authorisation described in Article 89(1) of the ... Plant Health Regulation and granted by the Welsh Ministers;
- “professional operator” means any person, governed by public or private law, involved professionally in, and legally responsible for, one or more of the following activities concerning plants, plant products and other objects—planting;breeding;production, including growing, multiplying and maintaining;introduction into, and movement within and out of Northern Ireland;making available on the market;storage, collection, dispatching and processing;
- ...
- “remedial work” (“gwaith adfer”) means any steps taken by a person for the purposes of complying with a forestry remedial notice, or by a plant health inspector under regulation 16(1) of the Official Controls (Plant Health) Regulations 2020;
- “WPM authorisation” (“awdurdodiad DPP”) means an authorisation described in Article 98(1) of the ... Plant Health Regulation and granted by the Welsh Ministers.
- (2) Words and expressions which are not defined in these Regulations and which appear in the ... Plant Health Regulation or in Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure that application of food and feed law, rules on animal health and welfare, plant health and plant protection products have the same meaning in these Regulations as they have in the ... instrument in question.
Fees
3
- (1) Fees payable under this regulation are payable to the Welsh Ministers.
- (2) The fee payable for an inspection and associated activities in connection with the granting, variation, or suspension of a plant passport authority or for monitoring compliance with that authority is specified in Schedule 1.
- (3) The fee payable in connection with an application for a licence (including an application for an extension or variation of a licence), for an inspection and associated activities in connection with an application for a licence or for monitoring compliance with the terms and conditions of a licence is specified in Schedule 2.
- (4) The importer of a controlled consignment must pay—
- (a) in the case of a plant health check in respect of the consignment, the fee specified for the relevant type of consignment in item 1 or 2 of the table in Schedule 3;
- (b) in the case of a documentary check in respect of the consignment, the fee specified in item 1 of the table in Schedule 4;
- (c) in the case of an identity check in respect of the consignment, the fee specified in item 2 of the table in Schedule 4.
- (5) Where, at the request of an importer of a controlled consignment, a plant health check is carried out on the consignment at an approved place of inspection, the importer must pay the fee of £30 for each visit made by an inspector in the course of conducting the plant health check at the approved place of inspection, in addition to the fee payable under paragraph (4)(a).
- (5A) Subject to paragraph (5E) the fee payable in connection with an application to the Welsh Ministers for a phytosanitary certificate for export or phytosanitary certificate for re-export is the fee specified in Schedule 4A.
- (5B) The fee payable in connection with an application to the Welsh Ministers for a WPM authorisation is the fee specified in Schedule 4B.
- (5C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5E) The fee specified in Schedule 4A is not payable in respect of a consignment to be transported to Northern Ireland—
- (a) by a person acting otherwise than in the course of a business, where the consignment is not to be placed on the market, or
- (b) for delivery to—
- (i) a professional operator whose principal place of business is in Northern Ireland, or
- (ii) any person resident in Northern Ireland, where the consignment is not to be placed on the market or used for the purposes of any business.
- (5F) Paragraph (5E) ceases to have effect at the end of 30 June 2025.
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6A) The person on whom a forestry remedial notice is served or who is given notice under regulation 16(1) of the Official Controls (Plant Health) Regulations 2020 must pay the fee specified in Schedule 5 for the carrying out or the monitoring by a plant health inspector of remedial work and associated activities in connection with a controlled consignment.
Revocations
4
The following Regulations are revoked—
- (a) the Plant Health (Fees) (Forestry) Regulations 2006 ;
- (b) the Plant Health (Fees) (Forestry) (Amendment) Regulations 2008 ;
- (c) the Plant Health (Fees) (Forestry) (Amendment) Regulations 2009 ;
- (d) the Plant Health (Fees) (Forestry) (Amendment) Regulations 2010 .
SCHEDULE 1 — Fees for inspections in connection with a plant passport authority
| Type of inspection | Fee |
|---|---|
| Physical inspection and associated activities (including travelling and office time) in connection with granting, variation or suspension of a plant passport authority or for monitoring compliance with that authority— | Physical inspection and associated activities (including travelling and office time) in connection with granting, variation or suspension of a plant passport authority or for monitoring compliance with that authority— |
| (a) up to and including the first hour; | £49.50 |
| (b) thereafter, for each additional 15 minutes or part thereof | £12.38 |
SCHEDULE 2 — FEES IN CONNECTION WITH LICENCES
| Item | Type of application or inspection | Fee |
|---|---|---|
| 1 | Application for a licence | £305 |
| 2 | Application for an extension or variation of a licence with changes requiring scientific or technical assessment | £100 |
| 3 | Application for an extension of a licence with no changes or for an extension or variation of a licence with changes not requiring scientific or technical assessment | £12 |
| 4 | Inspection and associated activities (including travelling and office time) in connection with item 1, 2 or 3 or for monitoring compliance with licence terms and conditions— | |
| 4 | aup to and including the first hour; | £37 |
| 4 | bthereafter, for each additional 15 minutes or part thereof | £9.25 |
SCHEDULE 3 — FEES FOR PLANT HEALTHCHECKS
| Item | Description of relevant material in consignment subject to a plant health check | Unit | Fee |
|---|---|---|---|
| 1 | Isolated bark, wood shavings, wood chips or sawdust | Per consignment | |
| 1 | Isolated bark, wood shavings, wood chips or sawdust | - up to 100m³ | £31.20 |
| 1 | Isolated bark, wood shavings, wood chips or sawdust | - for each additional m³ or part thereof | £0.49 |
| 1 | Isolated bark, wood shavings, wood chips or sawdust | Up to a maximum fee of £98 per consignment | |
| 2 | Wood (other than wood in the form of isolated bark, wood shavings, wood chips or sawdust) | Per consignment | |
| 2 | Wood (other than wood in the form of isolated bark, wood shavings, wood chips or sawdust) | - up to 100m³ | £31.20 |
| 2 | Wood (other than wood in the form of isolated bark, wood shavings, wood chips or sawdust) | - for each additional m³ or part thereof | £0.25 |
SCHEDULE 4 — FEES FOR DOCUMENTARY CHECKS AND IDENTITY CHECKS
| Item | Type of check | Unit | Fee |
|---|---|---|---|
| 1 | Documentary check | Per consignment | £7.20 |
| 2 | Identity check | Per consignment | |
| 2 | Identity check | - for each load of up to 30m³ forming part of the consignment contained in one truck, railway wagon or comparable container | £7.20 |
| 2 | Identity check | - for each bulk load of less than 100m³ | £7.20 |
| 2 | Identity check | - for each bulk load of 100m³ or more | £14.40 |
SCHEDULE 5 — FEES FOR THE CARRYING OUT OR MONITORING OF REMEDIAL WORK
| Remedial work | Fee |
|---|---|
| The carrying out or monitoring by an inspector of remedial work and associated activities (including travelling and office time) in connection with a controlled consignment— | |
| aup to and including the first hour; | £37 |
| bthereafter, for each additional 15 minutes or part thereof | £9.25 |
Signed
Lesley Griffiths — Minister for Environment, Energy and Rural Affairs, one of the Welsh Ministers — 2019-03-05
Explanatory note
(This note is not part of the Regulations)
Footnotes
[^f00001]: O.S. 2010/2690. O dan adran 1(2) o Ddeddf Iechyd Planhigion 1967 (p. 8), fel y’i diwygiwyd gan erthygl 4(1) o Orchymyn Corff Adnoddau Naturiol Cymru (Swyddogaethau) 2013 (O.S. 2013/755), a pharagraff 43 o Atodlen 2 iddo, Gweinidogion Cymru yw’r awdurdod cymwys ar gyfer Cymru o ran gwarchod coed fforestydd a phren rhag ymosodiadau gan blâu.
[^f00002]: 1972 p. 68: diwygiwyd adran 2(2) gan adran 27(1)(a) o Ddeddf Diwygio Deddfwriaethol a Rheoleiddiol 2006 (p. 51) a chan Ran 1 o Ddeddf yr Undeb Ewropeaidd (Diwygio) 2008 (p. 7).
[^f00005]: O.S. 2006/2697, fel y’i diwygiwyd gan O.S. 2008/702, 2009/2956, 2010/2001, 2013/755.
[^f00006]: O.S. 2008/702.
[^f00007]: O.S. 2009/2956.
[^f00008]: O.S. 2010/2001.
Editorial notes
[^c23631081]: S.I. 2010/2690. Under section 1(2) of the Plant Health Act 1967 (c.8), as amended by article 4(1) of, and paragraph 43 of Schedule 2 to, the Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), the Welsh Ministers are the competent authority for Wales as regards the protection of forest trees and timber from attack by pests.
[^c23631091]: 1972 c.68: section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and Part 1 of the European Union (Amendment) Act 2008 (c.7).
[^c23631121]: S.I. 2006/2697, as amended by S.I. 2008/702, 2009/2956, 2010/2001, 2013/755.
[^c23631131]: S.I. 2008/702.
[^c23631141]: S.I. 2009/2956.
[^c23631151]: S.I. 2010/2001.
[^key-8a3d96a33ad53389f740cd71c9e81fd2]: Reg. 1 in force at 28.3.2019, see reg. 1(3)
[^key-174e4a8d60b32915888820e66be99c35]: Reg. 3 in force at 28.3.2019, see reg. 1(3)
[^key-c10981dc5ddb6ff7ccbab99b02d4a88d]: Reg. 4 in force at 28.3.2019, see reg. 1(3)
[^key-ad6e8e9c0ab00de3cb87c89e6b1129f0]: Sch. 2 in force at 28.3.2019, see reg. 1(3)
[^key-a449d6a196b220df280659b657c8ed24]: Sch. 3 in force at 28.3.2019, see reg. 1(3)
[^key-2e53c74832362234ad146673f2e62ec0]: Sch. 4 in force at 28.3.2019, see reg. 1(3)
[^key-a1c2cc8b32d6a2e75310c6fe18a9990f]: Sch. 5 in force at 28.3.2019, see reg. 1(3)
[^key-d05e87161db8d8f638e991ea50da8a10]: Reg. 2 substituted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 35(2)
[^key-46a422a014c42ef61f5b0e8407b55c27]: Sch. 4A, Sch. 4B inserted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 35(4)
[^key-0d08234081876bd78136fdadb0e2ca05]: Reg. 3(5A)(5B) inserted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 35(3)
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