2019 No. 497 (W. 114)
The Plant Health (Fees) (Forestry) (Wales) Regulations 2019
Made
Laid before the National Assembly for Wales
Coming into force
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).
Title, application and commencementI11
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.
InterpretationF72
1
In these Regulations—
-
“approved place of inspection” (“man arolygu a gymeradwywyd”) has the meaning given in F10regulation 13(10) of the Official Controls (Plant Health) Regulations 2020;
-
“controlled consignment” (“llwyth a reolir”) means a consignment which —
- a
is introduced into Wales from a third country, and
- b
consists of, or includes—
- i
isolated bark of a type that is described in the lists of the Phytosanitary Conditions Regulation that apply for the purposes of Articles 72(1) and 74(1) of the EU Plant Health Regulation, or in a decision adopted before 14 December 2019 by the European Commission pursuant to Article 16(3) 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 in the Community;
- ii
wood of a type that is described in the lists or a decision mentioned in sub-paragraph (i) other than wood packaging material which is actually in use in the transport of objects of all kinds;
- i
- a
-
“the EU 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;
-
F11“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;
-
F12“licence” (“trwydded”) means—
- a
a licence referred to in regulation 51(1) of the Official Controls (Plant Health) Regulations 2020 that has been granted by the Welsh Ministers, or
- b
an authorisation described in regulation 20(1)(a) or (b)(i) or 21(1)(a) of the Official Controls (Plant Health) Regulations 2020 granted by the Welsh Ministers;
- a
-
F13“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;
-
F17...
-
F14“Phytosanitary Conditions Regulation” (“Rheoliad Amodau Ffytoiechydol”) means 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;
-
F15“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 EU Plant Health Regulation F16and granted by the Welsh Ministers;
-
F18...
-
“remedial work” (“gwaith adfer”) means any steps taken by a person for the purposes of complying with F19a 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 EU Plant Health Regulation F20and granted by the Welsh Ministers.
2
Words and expressions which are not defined in these Regulations and which appear in the EU 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 EU instrument in question.
FeesI23
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).
F95A
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.
F226
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F216A
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.
RevocationsI34
The following Regulations are revoked—
a
the Plant Health (Fees) (Forestry) Regulations 2006 F3;
b
the Plant Health (Fees) (Forestry) (Amendment) Regulations 2008 F4;
c
the Plant Health (Fees) (Forestry) (Amendment) Regulations 2009 F5;
d
the Plant Health (Fees) (Forestry) (Amendment) Regulations 2010 F6.
I4SCHEDULE 1FEES FOR INSPECTIONS IN CONNECTION WITH A PLANT PASSPORT AUTHORITY
Sch. 1 in force at 28.3.2019, see reg. 1(3)
Type of inspection |
Fee |
---|---|
Inspection and associated activities (including travelling and office time) in connection with the granting, variation or suspension of a plant passport authority or for monitoring compliance with that authority— |
|
|
£37 |
|
£9.25 |
I5SCHEDULE 2FEES IN CONNECTION WITH LICENCES
Sch. 2 in force at 28.3.2019, see reg. 1(3)
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— |
|
|
£37 |
|
|
£9.25 |
I6SCHEDULE 3FEES FOR PLANT HEALTHCHECKS
Sch. 3 in force at 28.3.2019, see reg. 1(3)
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 |
|
- up to 25000kg |
£31.20 |
||
- for each additional 1000kg or part thereof |
£0.49 |
||
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 |
|
- up to 25000kg |
£31.20 |
||
- for each additional 1000kg or part thereof |
£0.25 |
I7SCHEDULE 4FEES FOR DOCUMENTARY CHECKS AND IDENTITY CHECKS
Sch. 4 in force at 28.3.2019, see reg. 1(3)
Item |
Type of check |
Unit |
Fee |
---|---|---|---|
1 |
Documentary check |
Per consignment |
£7.20 |
2 |
Identity check |
Per consignment |
|
- for each load of up to 30m³ forming part of the consignment contained in one truck, railway wagon or comparable container |
£7.20 |
||
- for each bulk load of less than 100m³ |
£7.20 |
||
- for each bulk load of 100m³ or more |
£14.40 |
F8SCHEDULE 4AFees in connection with an application for a phytosanitary certificate for export or phytosanitary certificate for re-export
(1)Service |
(2)Fee |
---|---|
The consideration of an application, including the issue, where appropriate, of a phytosanitary certificate or a phytosanitary certificate for re-export |
£15.00 |
The examination or testing of plants, plant products or other objects and associated activities (including travelling and office time): |
|
(a) up to and including the first hour; |
£27.00 |
(b) thereafter, for each additional 15 minutes or part thereof |
£7.50. |
F8SCHEDULE 4BFees in connection with an application for a WPM authorisation
(1)Type of application |
(2)Fee |
---|---|
Application for a WPM authorisation, other than a renewal of an existing WPM authorisation |
£400.00 |
Application for a renewal of an existing WPM authorisation |
£120.00 |
Application for a re-assessment for the purposes a WPM authorisation |
£120.00 |
I8SCHEDULE 5FEES FOR THE CARRYING OUT OR MONITORING OF REMEDIAL WORK
Sch. 5 in force at 28.3.2019, see reg. 1(3)
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— |
|
|
£37 |
|
£9.25 |
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.