Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2019 (S.S.I. No. 28 of 2019)

S C O T T I S H S T A T U T O R Y I N S T R U M E N T S 2019 No. 28 PLANT HEALTH The Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2019 Made - - - - 5th February 2019 Laid before the Scottish Parliament 7th February 2019 Coming into force - - 29th March 2019 The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 56(1) and (2) of the Finance Act 1973(a) and all other powers enabling them to do so. Citation, commencement and extent 1.—(1) These Regulations may be cited as the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2019 and come into force on 29 March 2019. (2) These Regulations extend to Scotland only. Amendment of the Plant Health (Import Inspection Fees) (Scotland) Regulations 2014 2. In the Plant Health (Import Inspection Fees) (Scotland) Regulations 2014(b) for schedule 2 (import inspection fees for applicable checks (reduced rates)), substitute— (a) 1973 c.51. The reference to a Government department in section 56(1) is to be read as a reference to the Scottish Administration by virtue of article 2(2) of the Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999 (S.I. 1999/1820) and the functions of the Minister transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46). The requirement to obtain the consent of the Treasury was removed by section 55 of the Scotland Act 1998. Section 56(1) was amended by article 6(1)(e) of the Treaty of Lisbon (Changes of Terminology) Order 2011 (S.I. 2011/1043). (b) S.S.I. 2014/338, as amended by S.S.I. 2015/392, S.S.I. 2017/6 and S.S.I. 2018/22. 2 “SCHEDULE 2 Regulations 3 and 4(2) REDUCED IMPORT INSPECTION FEES FOR PLANT HEALTH CHECKS Item Product Quantity Country of Origin Fees* Normal working hours Outside normal working hours Cut Flowers Aster up to 20,000 in number Zimbabwe £37.50 £57.00 for each additional 1,000 units £0.15 £0.23 maximum price £132.00 £246.00 Dianthus up to 20,000 in number Colombia £24.60 £31.10 Ecuador, Turkey £26.70 £35.40 Kenya £24.90 £31.80 for each additional 1,000 units Colombia £0.01 £0.01 Ecuador, Turkey £0.03 £0.05 Kenya £0.01 £0.02 maximum price Colombia £28.40 £38.70 Ecuador, Turkey £45.60 £73.20 Kenya £31.20 £44.40 Phoenix up to 20,000 in number Costa Rica £33.00 £48.00 for each additional 1,000 units £0.10 £0.15 maximum price £96.00 £174.00 Rosa up to 20,000 in number Colombia £24.60 £31.10 Ecuador £24.20 £30.40 Ethiopia £24.90 £31.80 Kenya, Zambia £25.80 £33.60 Tanzania £33.00 £48.00 for each additional 1,000 units Colombia £0.01 £0.01 Ecuador £0.01 £0.01 Ethiopia £0.01 £0.02 Kenya, Zambia £0.02 £0.03 Tanzania £0.10 £0.15 maximum price Colombia £28.40 £38.70 Ecuador £25.40 £32.90 Ethiopia £31.20 £44.40 Kenya, Zambia £38.40 £58.80 Tanzania £96.00 £174.00 Fruit Citrus up to 25,000kg in weight Egypt, Tunisia £37.50 £57.00 Morocco, Turkey £24.60 £31.10 Peru £25.80 £33.60 USA £28.50 £39.00 for each additional Egypt, Tunisia £0.60 £1.13 3 1,000kg Morocco, Turkey £0.03 £0.05 Peru £0.08 £0.15 USA £0.20 £0.38 Citrus limon, C. aurantiifolid up to 25,000kg in weight Israel £28.50 £39.00 for each additional 1,000kg £0.20 £0.38 Malus up to 25,000kg in weight Argentina £30.30 £42.60 Brazil £33.00 £48.00 Chile, South Africa £24.90 £31.80 New Zealand £25.80 £33.60 for each additional 1,000kg Argentina £0.28 £0.53 Brazil £0.40 £0.75 Chile, South Africa £0.04 £0.08 New Zealand £0.08 £0.15 Mangifera up to 25,000kg in weight Brazil £33.00 £48.00 for each additional 1,000kg £0.40 £0.75 Passiflora up to 25,000kg in weight Colombia £25.30 £32.60 Kenya, Vietnam £28.50 £39.00 South Africa £30.30 £42.60 Zimbabwe £33.00 £48.00 for each additional 1,000kg Colombia £0.06 £0.11 Kenya, Vietnam £0.20 £0.38 South Africa £0.28 £0.53 Zimbabwe £0.40 £0.75 Prunus up to 25,000kg in weight Argentina £37.50 £57.00 Chile £25.80 £33.60 Morocco, USA £33.00 £48.00 Turkey £30.30 £42.60 for each additional 1,000kg Argentina £0.60 £1.13 Chile £0.08 £0.15 Morocco, USA £0.40 £0.75 Turkey £0.28 £0.53 Prunus – other than. P. persica up to 25,000kg in weight South Africa £24.90 £31.80 for each additional 1,000kg £0.04 £0.08 Pyrus up to 25,000kg in weight Argentina, Chile £26.70 £35.40 China £33.00 £48.00 South Africa £25.80 £33.60 for each additional 1,000kg Argentina, Chile £0.12 £0.23 China £0.40 £0.75 South Africa £0.08 £0.15 Vaccinium up to 25,000kg in weight Argentina £28.50 £39.00 for each additional 1,000kg £0.20 £0.38 4 Vegetables Solanum lycopersicon up to 25,000kg in weight Canary Islands, Morocco £24.90 £31.80 £0.04 £0.08 for each additional 1,000kg Solanum melongena up to 25,000kg in weight Turkey £28.50 £39.00 for each additional 1,000kg £0.20 £0.38 *Fee includes: a documentary check; an identity check; travel costs (weekday/weekend based on average costs) and the cost of physical inspection, which depends on the type and size of import and the country of origin. Note: Fees are rounded up to the nearest decimal point, with the exception of the additional quantity values, which are rounded up to the nearest penny.”. Revocation 3. Regulation 2 of the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2018(a) is revoked. MAIRI GOUGEON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 5th February 2019 (a) S.S.I. 2018/22. 5 EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations amend the Plant Health (Import Inspection Fees) (Scotland) Regulations 2014 (“the principal Regulations”). Article 13d of Council Directive 2000/29/EC (OJ L 169, 10.7.2000, p.1) (“the Directive”) requires a Member State to ensure the collection of fees to cover the costs occasioned by the documentary checks, identity checks and plant health checks of certain imports of plants, plant products and other objects from third countries which are required by Article 13a(1) of the Directive. Pursuant to Article 2 of Commission Regulation (EC) 1756/2004 (OJ L 313, 12.10.2004, p.6), the European Commission notifies Member States of plants and plant products which should be subject to reduced inspection and of the rate of such inspection. Regulation 2 substitutes schedule 2 of the principal Regulations to take account of the most recent Commission Notification on reduced inspection rates as published on the following website: http://ec.europa.eu/food/plant/plant health biosafety/trade non eu/reduced frequency checks en .htm. The table provides a comparison of changes made to the fees in schedule 2 of the principal Regulations: TABLE Genus Country of origin Previous rate of inspection Previous fee(i) New rate of inspection New fee, specified in Schedule 2 PART 1 Cut Flowers Phoenix Costa Rica 35% £30.30 50% £33.00 Rosa Ecuador 3% £24.60 1% £24.20 Rosa Kenya 5% £24.90 10% £25.80 Rosa Tanzania 15% £26.70 50% £33.00 Fruit Citrus Egypt 100% £42.00 75% £37.50 Citrus Morocco 5% £24.90 3% £24.60 Citrus Tunisia 100% £42.00 75% £37.50 Citrus USA 15% £26.70 25% £28.50 Malus Brazil 75% £37.50 50% £33.00 Mangifera Brazil 100% £42.00 50% £33.00 Passiflora Vietnam 35% £30.30 25% £28.50 Prunus Morocco 25% £28.50 50% £33.00 Prunus USA 25% £28.50 50% £33.00 Vegetables Capsicum Morocco 5% £24.90 100%(ii) Momordica Surinam 35% £30.30 100%(ii) Solanum melongena Kenya 10% £25.80 100%(ii) (i) Initial fee per consignment for cut flowers (up to 20,000 in number) and fruit and vegetables (up to 25,000 kg in weight). Corresponding fees are set in the principal Regulations for additional quantities, maximum price per consignment and inspections carried out outside normal working hours. (ii) Consignments subject to an inspection rate of 100% are excluded from the reduced rate inspection scheme and are subject to the import inspection fees specified in Schedule 1 to the principal Regulations. 6 Regulation 3 revokes regulation 2 of the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2018. No business and regulatory impact assessment has been prepared for this instrument as it has limited impact on the cost of business. © Crown copyright 2019 Printed and published in the UK by The Stationery Office Limited under the authority and superintendence of Jeff James, the Queen’s Printer for Scotland. £6.90 S201902051023 02/2019 19585 http://www.legislation.gov.uk/id/ssi/2019/28