Plant Health (Fees) (England) Regulations 2013 (S.I. No. 494 of 2013)

S T A T U T O R Y I N S T R U M E N T S 2013 No. 494 PLANT HEALTH, ENGLAND The Plant Health (Fees) (England) Regulations 2013 Made - - - - 4th March 2013 Laid before Parliament 7th March 2013 Coming into force - - 6th April 2013 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(a). Title, application, commencement and interpretation 1.—(1) These Regulations may be cited as the Plant Health (Fees) (England) Regulations 2013, apply in England only and come into force on 6th April 2013. (2) In these Regulations— (a) “the Directive” means 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(b); and (b) “the PHO” means the Plant Health (England) Order 2005(c). (3) Terms used in these Regulations which are also used in the Directive have the meaning they have in the Directive. Import inspection fees 2.—(1) This regulation applies in relation to consignments of— (a) plants, plant products and other objects of a description specified in column 1 of Schedule 1 that are listed in Part B of Annex V to the Directive, and (b) seeds of Solanaceae whether or not listed in that Part, that are introduced into England from a country or territory other than one within the European Union or are the subject of an agreement made under article 12(6) of the PHO. (2) Upon import of a consignment to which this regulation applies, an importer must pay to the Secretary of State— (a) the fee specified— (i) in column 3 of Schedule 1 in respect of a consignment of a plant, plant product or other object listed in column 1 of that Schedule, other than a consignment of a plant or plant product to which paragraph (ii) of this sub-paragraph applies, or (a) 1973 c.51. Subsection (1) was amended by S.I. 2011/1043, article 6(1)(e). (b) 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). (c) S.I. 2005/2530; relevant amending instruments are S.I. 2006/2307, 2008/2411, 2011/1043 and 2012/2922. 2 (ii) in column 4 of Schedule 2 in respect of a consignment of a plant or plant product listed in column 1 of that Schedule and originating from a country listed in column 3 of that Schedule; and (b) the fees specified in column 3 of Schedule 3 for a documentary check and an identity check. (3) But where, at the request of an importer or any other person responsible for the consignment, a plant health check is carried out on a consignment outside daytime working hours, the fee payable under paragraph (2)(a) in respect of that consignment is— (a) the fee specified in column 4 of Schedule 1 if the consignment is a consignment to which paragraph (2)(a)(i) applies; or (b) the fee specified in column 5 of Schedule 2 if the consignment is a consignment to which paragraph (2)(a)(ii) applies. (4) In this regulation “daytime working hours” means any time between the hours of 8.30 a.m. and 5.00 p.m. on any day except a Saturday, Sunday, Christmas Day, Good Friday or a day which is a bank holiday in England under the Banking and Financial Dealings Act 1971(a). Seed potatoes: fees 3.—(1) The fees specified in Schedule 4 are payable in respect of the functions specified in column 1 of that Schedule, which relate to an application for— (a) certification of seed potatoes in accordance with regulation 9 of the Seed Potatoes Regulations; (b) an authorisation to market seed potatoes in accordance with regulation 8 of those Regulations. (2) The fee payable in respect of a function is subject to any minimum fee specified in column 3 of Schedule 4 in relation to that function. (3) The fee in respect of a function specified in Schedule 4 must be paid to the Secretary of State or to any person authorised by the Secretary of State to carry out that function under the Seed Potatoes Regulations on behalf of the Secretary of State. (4) In this regulation “the Seed Potatoes Regulations” means the Seed Potatoes (England) Regulations 2006(b). Plant health licence fees 4.—(1) Fees payable under this regulation relate to a licence described in article 40 or 41 of the PHO. (2) In respect of an application or inspection of a type described in column 2 of Schedule 5, a person must pay to the Secretary of State the fee specified in column 3 of that Schedule in relation to that type of application or inspection. Plant passport authorisation fees 5.—(1) The fee specified in paragraph (2) must be paid to the Secretary of State in respect of an inspection (which may include an inspection of business records) carried out in connection with— (a) an application for an authority; or (b) ensuring compliance with any requirements imposed on the holder of an authority. (a) 1971 c.80; see section 1 and Schedule 1. (b) S.I. 2006/1161, amended by S.I. 2008/560, 2009/2342 and 2010/1511. 3 (2) The fee is £38.05(a) for each quarter of an hour or part of quarter of an hour (including time spent on an inspection, on travelling and on associated administration), subject to a minimum fee of £76.10(b) per visit. (3) In this regulation “authority” means an authority to issue plant passports conferred under article 8 of the Plant Health (Phytophthora ramorum) (England) Order 2004(c) or article 29 of the PHO. Potatoes originating in Egypt: fees 6.—(1) Where an inspector takes a sample of potatoes originating in Egypt in order to ascertain whether, for the purposes of paragraph 5 of the Annex to the Decision, those potatoes are infected with Ralstonia solanacearum (Smith) Yabuuchi et al., the importer must pay to the Secretary of State £117.36(d) in respect of each lot sampled. (2) In this regulation “the Decision” means Commission Implementing Decision 2011/787/EU authorising Member States temporarily to take emergency measures against the dissemination of Ralstonia solanacearum (Smith) Yabuuchi et al. as regards Egypt(e). Revocation 7. The Plant Health (Fees) (England) Regulations 2012(f) are revoked. de Mauley Parliamentary Under Secretary of State 27th February 2013 Department for Environment, Food and Rural Affairs We consent Desmond Swayne David Evennett 4th March 2013 Two of the Lords Commissioners of Her Majesty’s Treasury (a) The equivalent fee payable under regulation 5(2) of the Plant Health (Fees) (England) Regulations 2012 (S.I. 2012/745) before commencement of these Regulations was £31.50. (b) The equivalent minimum fee payable under regulation 5(2) of the of the Plant Health (Fees) (England) Regulations 2012 before commencement of these Regulations was £63.00. (c) S.I. 2004/2590, to which there are amendments not relevant to these Regulations. (d) The equivalent fee payable under regulation 6(1) of the Plant Health (Fees) (England) Regulations 2012 before commencement of these Regulations was £87.80. (e) OJ No L 319, 2.12.2011, p.112. (f) S.I. 2012/745. 4 SCHEDULE 1 Regulation 2(1)(a), (2)(a)(i) and (3)(a) Import Inspection Fees Column 1 Plant, plant product or other object Column 2 Quantity Column 3 Fee for each consignment (daytime working hours) (£) Column 4 Fee for each consignment (non daytime working hours) (£) up to 10,000 in number 49.66 74.50 Cuttings, seedlings (except forestry reproductive material), young plants of strawberries or of vegetables each additional 1,000, or part thereof 1.98, up to a maximum of 397.31 2.97, up to a maximum of 595.97 up to 1,000 in number 49.66 74.50 Shrubs, trees (other than cut Christmas trees), other woody nursery plants including forest reproductive material (other than seed) each additional 100, or part thereof 1.22, up to a maximum of 397.31 1.83, up to a maximum of 595.97 up to 200 kg 49.66 74.50 Bulbs, corms, rhizomes, tubers, intended for planting (other than tubers of potatoes) each additional 10 kg, or part thereof 0.45, up to a maximum of 397.31 0.68, up to a maximum of 595.97 up to 100 kg 21.28 31.93 Seeds, tissue cultures each additional 10 kg, or part thereof 0.49, up to a maximum of 397.31 0.73, up to a maximum of 595.97 up to 5,000 in number 49.66 74.50 Other plants intended for planting, not specified elsewhere in this Schedule each additional 100, or part thereof 0.49, up to a maximum of 397.31 0.73, up to a maximum of 595.97 up to 20,000 in number 49.66 74.50 Cut flowers each additional 1,000, or part thereof 0.38, up to a maximum of 397.31 0.57, up to a maximum of 595.97 up to 100 kg 49.66 74.50 Branches with foliage, parts of conifers (other than cut Christmas trees) each additional 100 kg, or part thereof 4.94, up to a maximum of 397.31 7.41, up to a maximum of 595.97 up to 1,000 in number 49.66 74.50 Cut Christmas trees each additional 100, or part thereof 4.94, up to a maximum of 397.31 7.41, up to a maximum of 595.97 up to 100 kg 49.66 74.50 Leaves of plants, such as herbs, spices and leafy vegetables each additional 10 kg, or part thereof 4.94, up to a maximum of 397.31 7.41, up to a maximum of 595.97 Fruits, vegetables up to 25,000 kg 49.66 74.50 5 Column 1 Plant, plant product or other object Column 2 Quantity Column 3 Fee for each consignment (daytime working hours) (£) Column 4 Fee for each consignment (non daytime working hours) (£) (other than leafy vegetables) each additional 1,000 kg, or part thereof 1.98 2.97 up to 25,000 kg 148.99 (for each lot) 223.49 (for each lot) Tubers of potatoes each additional 25,000 kg, or part thereof 148.99 (for each lot) 223.49 (for each lot) up to 25,000 kg 49.66 74.50 Soil and growing medium, bark each additional 1,000 kg, or part thereof 1.89, up to a maximum of 397.31 2.97, up to a maximum of 595.97 up to 25,000 kg 49.66 74.50 Grain each additional 1,000 kg, or part thereof 1.98, up to a maximum of 1986.56 2.97, up to a maximum of 2979.84 Other plants or plant products not specified elsewhere in this Schedule, except forest trees each consignment 49.66 74.50 SCHEDULE 2 Regulation 2(2)(a)(ii) and (3)(b) Import Inspection Fees: Reduced Rates Column 1 Genus Column 2 Quantity Column 3 Country of origin Column 4 Fee for each consignment (daytime working hours) (£) Column 5 Fee for each consignment (non-daytime working hours) (£) Cut Flowers up to 20,000 in number Zimbabwe 37.24 55.87 Aster each additional 1,000 or part thereof Zimbabwe 1.48, up to a maximum of 297.98 2.22, up to a maximum of 446.97 Colombia 2.48 3.72 Ecuador 4.96 7.45 Kenya 2.48 3.72 up to 20,000 in number Turkey 12.42 18.62 Colombia 0.02, up to a maximum of 19.87 0.03, up to a maximum of 29.80 Ecuador 0.04, up to a maximum of 39.72 0.07, up to a maximum of 59.58 Kenya 0.02, up to a maximum of 19.87 0.03, up to a maximum of 29.80 Dianthus each additional 1,000 or part thereof Turkey 0.10, up to a 0.16, up to a 6 Column 1 Genus Column 2 Quantity Column 3 Country of origin Column 4 Fee for each consignment (daytime working hours) (£) Column 5 Fee for each consignment (non-daytime working hours) (£) maximum of 99.36 maximum of 149.04 Colombia 1.43 2.14 Ecuador 1.43 2.14 Ethiopia 4.96 7.41 Kenya 2.48 3.72 Tanzania 4.96 7.42 Uganda 12.42 18.62 up to 20,000 in number Zambia 12.42 18.62 Colombia 0.01, up to a maximum of 11.89 0.01, up to a maximum of 17.84 Ecuador 0.01, up to a maximum of 11.89 0.01, up to a maximum of 17.84 Ethiopia 0.04, up to a maximum of 39.72 0.06, up to a maximum of 59.58 Kenya 0.02, up to a maximum of 19.87 0.03, up to a maximum of 29.80 Tanzania 0.04, up to a maximum of 39.72 0.07, up to a maximum of 59.58 Uganda 0.07, up to a maximum of 99.36 0.10, up to a maximum of 149.04 Rosa each additional 1,000 or part thereof Zambia 0.07, up to a maximum of 99.36 0.10, up to a maximum of 149.04 Branches with foliage up to 100 kg Costa Rica 17.35 26.03 Phoenix each additional 100 kg or part thereof Costa Rica 1.70, up to a maximum of 139.05 2.56, up to a maximum of 208.57 Fruit Egypt 7.45 11.17 Israel 4.96 7.41 Mexico 7.45 11.17 Morocco 2.48 3.72 Peru 12.42 18.62 Tunisia 12.42 18.62 Turkey 1.46 2.19 Uruguay 7.45 11.17 up to 25,000 kg USA 7.45 11.17 Egypt 0.28 0.42 Citrus each additional 1,000 kg or part Israel 0.21 0.31 7 Column 1 Genus Column 2 Quantity Column 3 Country of origin Column 4 Fee for each consignment (daytime working hours) (£) Column 5 Fee for each consignment (non-daytime working hours) (£) Mexico 0.28 0.42 Morocco 0.07 0.10 Peru 0.49 0.73 Tunisia 0.49 0.73 Turkey 0.03 0.05 Uruguay 0.28 0.42 thereof USA 0.28 0.42 Argentina 4.96 7.41 Brazil 12.42 18.62 Chile 2.47 3.70 New Zealand 4.96 7.41 South Africa 2.47 3.70 up to 25,000 kg USA 17.38 26.07 Argentina 0.21 0.31 Brazil 0.49 0.74 Chile 0.07 0.10 New Zealand 0.21 0.31 South Africa 0.07 0.10 Malus each additional 1,000 kg or part thereof USA 0.69 1.03 Colombia 4.94 7.41 Kenya 4.94 7.41 South Africa 24.83 37.25 up to 25,000 kg Zimbabwe 24.83 37.25 Colombia 0.17 0.26 Kenya 0.17 0.26 South Africa 0.97 1.46 Passiflora each additional 1,000 kg or part thereof Zimbabwe 0.97 1.46 Argentina 24.83 37.25 Chile 4.96 7.41 Morocco 24.83 37.25 South Africa 4.96 7.41 Turkey 7.44 11.17 up to 25,000 kg USA 7.44 11.17 Argentina 0.97 1.46 Chile 0.17 0.26 Morocco 0.97 1.46 South Africa 0.17 0.26 Turkey 0.29 0.44 Prunus each additional 1,000 kg or part thereof USA 0.29 0.44 Argentina 4.96 7.41 Chile 12.42 18.62 China 24.83 37.25 up to 25,000 kg South Africa 4.96 7.41 Argentina 0.17 0.26 Pyrus each additional 1,000 kg or part Chile 0.49 0.73 8 Column 1 Genus Column 2 Quantity Column 3 Country of origin Column 4 Fee for each consignment (daytime working hours) (£) Column 5 Fee for each consignment (non-daytime working hours) (£) China 0.97 1.46 thereof South Africa 0.17 0.26 up to 25,000 kg Argentina 11.74 17.61 Vaccinium each additional 1,000 kg or part thereof Argentina 0.47 0.71 Vegetables up to 25,000 kg Surinam 24.83 37.25 Momordica each additional 1,000 kg or part thereof Surinam 0.97 1.46 Kenya 4.96 7.41 up to 25,000 kg Turkey 4.96 7.41 Kenya 0.17 0.26 Solanum melongena each additional 1,000 kg or part thereof Turkey 0.17 0.26 SCHEDULE 3 Regulation 2(2)(b) Import Inspection Fees: Documentary and Identity Checks Column 1 Check Column 2 Quantity Column 3 Fee (£) Documentary each consignment 4.31 each consignment up to the size of a truck load, a railway wagon load or the load of a container of comparable size 4.31 Identity each consignment bigger than the above size 8.62 SCHEDULE 4 Regulation 3 Seed Potatoes: Fees Column 1 Function Column 2 Fee(1) (£) Column 3 Minimum fee (£) Inspection of growing crops and provision of labels and seals in respect of applications Certification as pre-basic seed potato 129.84* n/a Certification as basic seed super elite 1, super elite 2 64.92 129.84 9 or super elite 3 elite 1, elite 2 or elite 3 64.92 129.84 potato, classified as: A 61.71 123.43 Certification as certified seed potato 56.10 112.20 Authorisation to market seed potatoes 129.84* n/a Inspection of harvested tubers Up to two inspections 19.24 38.47 Third and subsequent inspections 129.84* n/a (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. SCHEDULE 5 Regulation 4(2) 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 3 793.03 2 Application for a licence in respect of soil or other growing medium for analysis 572.02 3 Application for a licence for scientific or trial purposes covering 5 or more types of article 793.03, plus 31.20 per type of article in excess of 5 4 Application for renewal or variation of a licence with changes requiring scientific or technical assessment 260.01 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 31.20 6 Inspection and associated activities (including travelling time and office time) for monitoring compliance with licence terms and conditions 42.75 per hour or part of an hour EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations, which apply in England only, specify fees payable to the Secretary of State in the field of plant health. They revoke and replace the Plant Health Fees (England) Regulations 2012 (S.I. 2012/745) (“the 2012 Regulations”) (regulation 7). They do not introduce any new types of fee which were not provided for in the 2012 Regulations. 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). 10 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 Council Directive 2000/29/EC. The fee levels provided for in these Regulations form the second part of a phased move towards full cost recovery of fees over a period of three years. These Regulations provide for average increases on the fees specified in the 2012 Regulations as follows: (1) import inspection fees (other than documentary and identity checks) by 5% (regulation 2 and Schedules 1 and 2); (2) fees relating to seed potato inspections by 5% (regulation 3 and Schedule 4); (3) licensing fees by 1.6% (regulation 4 and Schedule 5); (4) fees for plant passporting services by 20% (regulation 5); and (5) fees for inspections of potatoes originating in Egypt by 25% (regulation 6). These Regulations also provide for decreases by 19% on the fees specified in the 2012 Regulations for import inspection documentary and identity checks (regulation 2 and Schedule 3). 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%20I mports%20Inspection%20Fees.pdf http://www.ialibrary.bis.gov.uk/uploaded/DEFRA1356%20Final%20IA%20Seed%20Potato%20C ertification.pdf http://www.ialibrary.bis.gov.uk/uploaded/DEFRA1353%20Final%20IA%20Plant%20Health%20 Licences.pdf http://www.ialibrary.bis.gov.uk/uploaded/DEFRA1354%20Final%20IA%20Plant%20Passports.p df http://www.ialibrary.bis.gov.uk/uploaded/DEFRA1355%20Final%20IA%20Egypt%20Potato%20 Imports.pdf The impact assessments are also published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk and available from the Plant Health Policy and Bee Policy Unit, Defra, 10GA07, Sand Hutton, York YO14 1LZ. Crown copyright 2013 Printed and published in the UK by The Stationery Office Limited under the authority and superintendence of Carol Tullo, Controller of Her Majesty’s Stationery Office and Queen’s Printer of Acts of Parliament. £5.75 E5981 03/2013 135981T 19585 9 780111 536049 ISBN 978-0-11-153604-9 S T A T U T O R Y I N S T R U M E N T S 2013 No. 494 PLANT HEALTH, ENGLAND The Plant Health (Fees) (England) Regulations 2013