The Plant Health (Fees) (Wales) Regulations 2012 (revoked)

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Welsh Statutory Instruments

2012 No. 1493 (W.191)

PLANT HEALTH, WALES

The Plant Health (Fees) (Wales) Regulations 2012

Made

5 June 2012

Laid before the National Assembly for Wales

12 June 2012

Coming into force

6 July 2012

The Welsh Ministers are designated F1 for the purposes of section 2(2) of the European Communities Act 1972 F2 in relation to the common agricultural policy of the European Union.

The Welsh Ministers make regulation 7(a), (b) and (c) in exercise of powers conferred by section 2(2) of the European Communities Act 1972.

The Welsh Ministers make these Regulations, with the exception of regulation 7(a), (b) and (c), with the consent of the Treasury, in exercise of powers conferred by section 56(1) and (2) of the Finance Act 1973 F3 and now vested in them. F4

F1By virtue of Article 3 of the European Communities (Designation) (No.5) Order 2010, S.I. 2010/2690.

F31973 c. 51. Subsection (6) of section 56 was repealed by the Statute Law (Repeals) Act 1977 (c. 18).

F4By virtue of section 59(5) of the Government of Wales Act 2006 c. 32.

Title, application, commencement and interpretationE+W

1.—(1) The title of these Regulations is the Plant Health (Fees) (Wales) Regulations 2012. They apply in relation to Wales and come into force on 6 July 2012.

(2) In these Regulations—

(a)the Directive” (“y Gyfarwyddeb”) 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 F5; and

(b)the PHO” (“y GIP”) means the Plant Health (Wales) Order 2006 F6.

(3) Terms used in these Regulations which are also used in the Directive have the meaning they have in the Directive.

F5OJ 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).

F6S.I. 2006/1643 (W.158).

Import inspection feesE+W

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 Wales 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 Welsh Ministers—

(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

(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” (“oriau gwaith yn ystod y dydd”) 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 under the Banking and Financial Dealings Act 1971 F7 in Wales.

F71971 c. 80; see section 1and Schedule 1.

Seed potatoes: feesE+W

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 Welsh Ministers.

(4) In this regulation “the Seed Potatoes Regulations” (“y Rheoliadau Tatws Hadyd”) means the Seed Potatoes (Wales) Regulations 2006 F8.

F8S.I. 2006/2929 (W.264).

Plant health licence feesE+W

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 Welsh Ministers the fee specified in column 3 of that Schedule in relation to that type of application or inspection.

Plant passport authorisation feesE+W

5.—(1) The fee specified in paragraph (2) must be paid to the Welsh Ministers 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 conditions subject to which an authority was granted.

(2) The fee is £31.50 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 £63.00 per visit.

(3) In this regulation “authority” (“awdurdod”) means an authority to issue plant passports conferred under article 8 of the Plant Health (Phytophthora ramorum) (Wales) Order 2006 F9 or article 29 of the PHO.

F9S.I. 2006/1344 (W.134).

Potatoes originating in Egypt: feesE+W

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 Welsh Ministers £87.80 in respect of each lot sampled.

(2) In this regulation “the Decision” (“y Penderfyniad”) 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 F10.

F10OJ No L 319, 2.12.2011, p.112.

RevocationsE+W

7.  The following are revoked—

(a)the Plant Health (Licence Fees) (England and Wales) Regulations 1996 F11, in relation to Wales only;

(b)regulation 6 of the Potatoes Originating in Egypt (Wales) Regulations 2004 F12;

(c)the Seed Potatoes (Fees) (Wales) (No. 2) Regulations 2006 F13;

(d)the Plant Health (Plant Passport Fees) (Wales) Regulations 2007 F14;

(e)the Plant Health (Import Inspection Fees) (Wales) Regulations 2010 F15; and

(f)the Plant Health (Import Inspection Fees) (Wales) (Amendment) Regulations 2012 F16.

John Griffiths

Minister for Environment and Sustainable Development, one of the Welsh Ministers

5 June 2012

Regulation 2(1)(a), (2)(a)(i) and (3)(a)

SCHEDULE 1E+WImport Inspection Fees

Column 1 Column 2 Column 3 Column 4
Plant, plant product or other object Quantity Fee for each consignment (daytime working hours) (£) Fee for each consignment (non-daytime working hours) (£)
Cuttings, seedlings (except forestry reproductive material), young plants of strawberries or of vegetables up to 10,000 in number 46.98 70.47
each additional 1,000, or part thereof 1.88, up to a maximum of 375.84 2.81, up to a maximum of 563.76
Shrubs, trees (other than cut Christmas trees), other woody nursery plants including forest reproductive material (other than seed) up to 1,000 in number 46.98 70.47
each additional 100, or part thereof 1.15, up to a maximum of 375.84 1.73, up to a maximum of 563.76
Bulbs, corms, rhizomes, tubers, intended for planting (other than tubers of potatoes) up to 200 kg 46.98 70.47
each additional 10 kg, or part thereof 0.43, up to a maximum of 375.84 0.64, up to a maximum of 563.76
Seeds, tissue cultures up to 100 kg 20.13 30.20
each additional 10 kg, or part thereof 0.46, up to a maximum of 375.84 0.69, up to a maximum of 563.76
Other plants intended for planting, not specified elsewhere in this Schedule up to 5,000 in number 46.98 70.47
each additional 100, or part thereof 0.46, up to a maximum of 375.84 0.69, up to a maximum of 563.76
Cut flowers up to 20,000 in number 46.98 70.47
each additional 1,000, or part thereof 0.36, up to a maximum of 375.84 0.54, up to a maximum of 563.76
Branches with foliage, parts of conifers (other than cut Christmas trees) up to 100 kg 46.98 70.47
each additional 100 kg, or part thereof 4.67, up to a maximum of 375.84 7.01, up to a maximum of 563.76
Cut Christmas trees up to 1,000 in number 46.98 70.47
each additional 100, or part thereof 4.67, up to a maximum of 375.84 7.01, up to a maximum of 563.76
Leaves of plants, such as herbs, spices and leafy vegetables up to 100 kg 46.98 70.47
each additional 10 kg, or part thereof 4.67, up to a maximum of 375.84 7.01, up to a maximum of 563.76
Fruits, vegetables (other than leafy vegetables) up to 25,000 kg 46.98 70.47
each additional 1,000 kg, or part thereof 1.88 2.81
Tubers of potatoes up to 25,000 kg 140.94 (for each lot) 211.41 (for each lot)
each additional 25,000 kg, or part thereof 140.94 (for each lot) 211.41 (for each lot)
Soil and growing medium, bark up to 25,000 kg 46.98 70.47
each additional 1,000 kg, or part thereof 1.88, up to a maximum of 375.84 2.81, up to a maximum of 563.76
Grain up to 25,000 kg 46.98 70.47
each additional 1,000 kg, or part thereof 1.88, up to a maximum of 1879.19 2.81, up to a maximum of 2818.78
Other plants or plant products not specified elsewhere in this Schedule, except forest trees each consignment 46.98 70.47

Regulation 2(2)(a)(ii) and (3)(b)

SCHEDULE 2E+WImport Inspection Fees: Reduced Rates

Column 1 Column 2 Column 3 Column 4 Column 5
Genus Quantity Country of origin Fee for each consignment (daytime working hours) (£) Fee for each consignment (non-daytime working hours) (£)
Cut Flowers
Dianthus up to 20,000 in number Colombia 2.35 3.52
Ecuador 4.70 7.05
Kenya 2.35 3.52
Turkey 11.74 17.62
each additional 1,000 or part thereof Colombia 0.02, up to a maximum of 18.79 0.03, up to a maximum of 28.19
Ecuador 0.04, up to a maximum of 37.58 0.07, up to a maximum of 56.38
Kenya 0.02, up to a maximum of 18.79 0.03, up to a maximum of 28.19
Turkey 0.10, up to a maximum of 93.96 0.15, up to a maximum of 140.94
Rosa up to 20,000 in number Colombia 1.41 2.11
Ecuador 1.41 2.11
Ethiopia 2.35 3.52
Kenya 2.35 3.52
Tanzania 4.70 7.05
Uganda 11.74 17.62
Zambia 11.74 17.62
each additional 1,000 or part thereof Colombia 0.01, up to a maximum of 11.28 0.01, up to a maximum of 16.91
Ecuador 0.01, up to a maximum of 11.28 0.01, up to a maximum of 16.91
Ethiopia 0.02, up to a maximum of 18.79 0.03, up to a maximum of 28.19
Kenya 0.02, up to a maximum of 18.79 0.03, up to a maximum of 28.19
Tanzania 0.04, up to a maximum of 37.58 0.07, up to a maximum of 56.38
Uganda 0.07, up to a maximum of 93.96 0.10, up to a maximum of 140.94
Zambia 0.07, up to a maximum of 93.96 0.10, up to a maximum of 140.94
Branches with foliage
Phoenix up to 100 kg Costa Rica 16.44 24.66
each additional 100 kg or part thereof Costa Rica 1.63, up to a maximum of 131.54 2.45, up to a maximum of 197.32
Fruit
Citrus up to 25,000 kg Egypt 7.05 10.57
Israel 4.70 7.05
Mexico 7.05 10.57
Morocco 2.35 3.52
Peru 11.74 17.62
Turkey 1.41 2.11
Uruguay 7.05 10.57
USA 7.05 10.57
each additional 1,000 kg or part thereof Egypt 0.26 0.39
Israel 0.19 0.28
Mexico 0.26 0.39
Morocco 0.07 0.10
Peru 0.47 0.70
Turkey 0.03 0.05
Uruguay 0.26 0.39
USA 0.26 0.39
Malus up to 25,000 kg Argentina 4.70 7.05
Brazil 7.05 10.57
Chile 2.35 3.52
China 23.49 35.23
New Zealand 4.70 7.05
South Africa 2.35 3.52
USA 11.74 17.62
each additional 1,000 kg or part thereof Argentina 0.19 0.28
Brazil 0.28 0.42
Chile 0.09 0.14
China 0.94 1.40
New Zealand 0.19 0.28
South Africa 0.09 0.14
USA 0.47 0.70
Passiflora up to 25,000 kg Colombia 4.70 7.05
Kenya 4.70 7.05
South Africa 23.49 35.23
Zimbabwe 16.44 24.66
each additional 1,000 kg or part thereof Colombia 0.16 0.25
Kenya 0.16 0.25
South Africa 0.92 1.38
Zimbabwe 0.63 0.94
Prunus up to 25,000 kg Argentina 16.44 24.66
Chile 4.70 7.05
South Africa 4.70 7.05
Turkey 4.70 7.05
USA 4.70 7.05
each additional 1,000 kg or part thereof Argentina 0.63 0.94
Chile 0.16 0.25
South Africa 0.16 0.25
Turkey 0.16 0.25
USA 0.16 0.25
Pyrus up to 25,000 kg Argentina 4.70 7.05
Chile 11.74 17.62
China 16.44 24.66
South Africa 4.70 7.05
each additional 1,000 kg or part thereof Argentina 0.16 0.25
Chile 0.47 0.70
China 0.66 0.98
South Africa 0.16 0.25
Vegetables
Solanum melongena up to 25,000 kg Turkey 4.70 7.05
each additional 1,000 kg or part thereof Turkey 0.16 0.25

Regulation 2(2)(b)

SCHEDULE 3E+WImport Inspection Fees: Documentary and Identity Checks

Column 1 Column 2 Column 3
Check Quantity Fee (£)
Documentary each consignment 5.36
Identity each consignment up to the size of a truck load, a railway wagon load or the load of a container of comparable size 5.36
each consignment bigger than the above size 10.71

Regulation 3

SCHEDULE 4E+WSeed Potatoes: Fees

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.

Column 1 Column 2 Column 3
Function Fee1 (£) Minimum fee (£)
Inspection of growing crops and provision of labels and seals in respect of applications
Certification as pre-basic seed potato 122.57* n/a
Certification as basic seed potato, classified as: super elite 1, super elite 2 or super elite 3 61.29 122.57
elite 1, elite 2 or elite 3 61.29 122.57
A 58.26 116.52
Certification as certified seed potato 52.96 105.93
Authorisation to market seed potatoes 122.57* n/a
Inspection of harvested tubers
Up to two inspections 18.16 36.32
Third and subsequent inspections 122.57* n/a

Regulation 4(2)

SCHEDULE 5E+WPlant Health Licence Fees

Column 1 Column 2 Column 3
Item Type of application or inspection Fee (£)
1 Application for a licence other than a licence covered by item 2 or 3 781.27
2 Application for a licence in respect of soil or other growing medium for analysis 563.54
3 Application for a licence for scientific or trial purposes covering 5 or more types of article 781.27, plus 30.74 per type of article in excess of 5
4 Application for renewal or variation of a licence with changes requiring scientific or technical assessment 256.15
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 30.74
6 Inspection and associated activities (including travelling time and office time) for monitoring compliance with licence terms and conditions 42.06 per hour or part of an hour

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply in relation to Wales specify fees payable to the Welsh Ministers in the field of plant health.

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).

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 Directive 2000/29/EC.

The Regulations consolidate several previous instruments which dealt separately with particular fees in relation to plant health; those previous instruments are revoked (regulation 7). These Regulations do not introduce any new types of fee.

The fee levels provided for in this instrument form part of a phased move towards full cost recovery of fees over a period of three years. Most fees are substantially increased: import inspection fees by 229%, fees in relation to seed potatoes by 52%, licensing fees by 160%, fees for inspection of Egyptian potatoes by 184% and fees for plant passporting services by 55%. Further details are provided in the Explanatory Memorandum.

Regulatory 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, have been prepared and are available from the Department of Environment and Sustainable Development, Welsh Government, Cathays Park, Cardiff CF10 3NQ.