2018 No. 1179 (W. 238)
The Plant Health etc. (Fees) (Wales) Regulations 2018
Made
Laid before the National Assembly for Wales
Coming into force
By virtue of section 59(5) of the Government of Wales Act 2006 (c.32).
PART 1General
Title, commencement and application1
1
The title of these Regulations is the Plant Health etc. (Fees) (Wales) Regulations 2018.
2
They come into force on 10 December 2018.
3
They apply in relation to Wales.
Interpretation2
In these Regulations, “the 2018 Order” means the Plant Health (Wales) Order 2018 F3.
PART 2Fees relating to plant health
Import inspection fees3
1
This regulation applies in relation to a third country consignment F15insofar as it includes plants, plant products or other objects of a description specified in column 1 of the table in Schedule 1 that are listed in Schedule 5 to the 2018 Order F16or any machinery or vehicles which have been operated for agricultural or forestry purposes.
2
The following fees are payable by the importer of a third country consignment—
a
in respect of each phytosanitary certificate or phytosanitary certificate for re-export accompanying the consignment, a fee of F18£10.51;
F19b
in the case of—
i
a Schedule 2 cut flower consignment which includes—
aa
one lot of cut flowers, the fee specified in respect of those cut flowers in column 3 of the table in Schedule 2;
bb
two or more lots of cut flowers, a fee equal to the amount of the highest of the fees specified in respect of those lots in column 3 of that table;
ii
a Schedule 2 fruit or vegetable consignment which includes—
aa
one lot of fruit or vegetables, the fee specified in respect of those fruit or vegetables in column 3 of the table in Schedule 2;
bb
two or more lots of fruit or vegetables, a fee equal to the amount of the highest of the fees specified in respect of those lots in column 3 of that table;
c
in the case of a consignment which—
i
includes cut branches of Phoenix spp. originating in Costa Rica and no other cut branches to which this regulation applies, the fee specified in respect of those cut branches in column 3 of the table in Schedule 2;
ii
in the case of any other consignment to which this regulation applies—
aa
where the consignment includes any machinery or vehicles that have been operated for agricultural or forestry purposes, a fee of £5.98;
bb
where the consignment includes plants, plant products or other objects of a description specified in column 1 of the table in Schedule 1, the fee or fees specified in respect of those plants, plant products or other objects in column 2 of that table;
d
where an inspector suspects that the consignment is infected with a controlled plant pest and takes a sample from the consignment for laboratory testing to confirm the presence or otherwise of the pest, a fee of F20£147.35 for each sample tested.
3
In this regulation—
a
“controlled plant pest” has the meaning given in article 32(7)(a) of the 2018 Order;
F17aa
“Europe” has the meaning given in article 2(1) of the 2018 Order;
ab
“lot” means one or more units of a single commodity, identifiable by its homogeneity of composition and origin, which form part of a consignment;
ac
“Schedule 2 cut flower consignment” means a consignment which includes cut flowers of a description specified in column 1 of the table in Schedule 2 originating in a country specified in column 2 of that table and does not include any other cut flowers to which this regulation applies;
ad
“Schedule 2 fruit or vegetable consignment” means a consignment which includes fruit or vegetables of a description specified in column 1 of the table in Schedule 2 originating in a country specified in column 2 of that table and does not include any other fruit or vegetables to which this regulation applies;
b
“third country consignment” means a consignment that is introduced into Wales from a third country;
c
“third country” has the meaning given in article 2(1) of the 2018 Order.
Plant passport authorisation fees4
1
This regulation applies in relation to a plant passport authorisation.
2
The F21fee specified in paragraph (3) is payable in respect of an inspection and any associated activities which are carried out—
a
in connection with an application for a plant passport authorisation;
b
for the purpose of monitoring compliance with any requirements imposed on the holder of a plant passport authorisation.
F223
A fee of £61.58 is payable for each 15 minutes (or part thereof) spent in carrying out the inspection and any associated activities at the relevant premises, subject to a minimum fee of £123.16.
4
An additional fee of F23£20.66 is payable where a person submits an application for a plant passport authorisation in paper form (and not online).
5
Any fees payable under this regulation are payable by the person applying for a plant passport authorisation or the holder of a plant passport authorisation (as the case may be).
6
In this regulation—
a
“plant passport authorisation” means an authorisation to issue plant passports conferred under article 29 of the 2018 Order;
b
“relevant premises”, in relation to an application for a plant passport authorisation or a plant passport authorisation, means the premises which are subject to the application or the authorisation.
Plant health licence fees5
1
The fees specified in the table in Schedule 4 are payable in respect of—
a
an application for a licence;
b
any other activity specified in column 1 of that table which is carried out in connection with a licence.
2
The amount of any fee payable in respect of an application for a licence or any other activity specified in column 1 of the table in Schedule 4 is the amount specified in the corresponding entry in column 3 of that table, determined in accordance with the entries in respect of that service (if any) in column 2 of that table.
3
The fee payable in respect of the monitoring of licence terms and conditions is payable for each 15 minutes (or part thereof) spent in carrying out the inspection and any associated activities at the premises which are subject to the licence, subject to the minimum fee specified.
4
Any fee payable under this regulation is payable by the person who submits an application for a licence or the licence holder (as the case may be).
5
In this regulation, “licence” means a licence described in article 40 or 41 of the 2018 Order.
Potatoes originating in Egypt: fee6
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 a fee of F24£70.83 in respect of each lot sampled.
2
In paragraph (1), “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 F4.
Potatoes originating in Lebanon: fee7
1
Where an inspector takes a sample of potatoes originating in Lebanon in order to ascertain whether, for the purposes of Article 4 of the Decision, those potatoes are infected with Clavibacter michiganensis subspecies (Spieckerann and Kotthoff) Davis et al., the importer must pay a fee of £60.40 in respect of each lot sampled.
2
In paragraph (1), “the Decision” means Commission Implementing Decision 2013/413/EU authorising Member States to provide for derogations from certain provisions of Council Directive 2000/29/EC in respect of potatoes, other than potatoes intended for planting, originating in the regions of Akkar and Bekaa of Lebanon F5.
PART 3Fees relating to the certification of seed potatoes and fruit plants and fruit plant propagating material
Seed potatoes: fees8
1
The fees specified in the table in Schedule 5 are payable in respect of the activities specified in column 1 of that table which relate to an application for the certification of seed potatoes in accordance with regulation 10 of the Seed Potatoes (Wales) Regulations 2016 F6.
2
The fees specified in column 2 of the table in Schedule 5 are payable subject to the minimum fees (if any) specified in the corresponding entries in column 3 of that table.
3
The fees specified in column 2 of the table in Schedule 5 in respect of an inspection of growing crops for certification as Union grade PBTC and an inspection of harvested tubers are payable for each 15 minutes (or part thereof) spent in carrying out the inspection and any associated activities at the relevant premises.
4
An additional fee of F26£15.76 is payable where a person submits an application for the certification of seed potatoes in paper form (and not online).
F254A
Where a person submits an application for the provision of printed labels, the following additional fee is payable—
a
in the case of an application submitted online, £11.45;
b
in the case of an application submitted in paper form, £15.61.
5
Any fees payable under this regulation are payable by the applicant.
6
In paragraph (3), “relevant premises” means the premises at which the growing crops for certification as Union grade PBTC or the harvested tubers to be inspected are located.
Fruit plants and fruit plant propagating material: fees9
1
The fee specified in paragraph (2) is payable in connection with an application for the certification of fruit plants and fruit plant propagating material in accordance with regulation 9 of the Marketing of Fruit Plant and Propagating Material (Wales) Regulations 2017 F7.
F272
A fee of £26.00 per each 15 minutes (or part thereof) is payable in respect of time spent in carrying out an official examination and any associated activities at the relevant premises for the purposes of certifying the material, subject to a minimum fee of £52.00.
3
Any fees payable under this regulation are payable by the applicant.
4
In paragraph (2), “relevant premises” means the premises at which the material to be certified is located.
PART 4Payment of fees
Payment of fees10
Fees payable under these Regulations are payable to the Welsh Ministers on demand.
Suspension of registration11
1
Where any sum due by way of, or on account of, any fee or any part of a fee payable by a registered plant trader under Part 2 of these Regulations remains unpaid, the Welsh Ministers may—
a
recover the sum as a civil debt, or
b
after giving one month's written notice, suspend the trader's registration until such sum has been paid.
2
In paragraph (1), “plant trader” (“masnachwr planhigion”), “registered” (“cofrestredig”) and “registration” (“cofrestru”) have the meanings given in article 2(1) of the 2018 Order.
PART 5Revocations
Revocations12
The instruments listed in Schedule 6 are revoked.
F10SCHEDULE 1Import inspection fees
Sch. 1 substituted (14.11.2019) by The Plant Health etc. (Miscellaneous Fees) (Wales) (Amendment) Regulations 2019 (S.I. 2019/1378), regs. 1(2), 3(7)
Column 1 Plant, plant product or other object |
Column 2 Fee (£) |
---|---|
Cuttings, seedlings (except forestry reproductive material), young plants of strawberries or of vegetables |
173.91 |
Shrubs, trees (other than cut Christmas trees), other woody nursery plants including forest reproductive material (other than seed) |
182.38 |
Bulbs, corms, rhizomes, tubers, intended for planting (other than tubers of potatoes) |
205.04 |
Seeds, tissue cultures |
128.13 |
Other plants intended for planting, not specified elsewhere in this table |
182.38 |
Cut flowers |
42.75 |
Branches with foliage, parts of conifers (other than cut Christmas trees) |
33.99 |
Cut Christmas trees |
119.64 |
Leaves of plants, such as herbs, spices and leafy vegetables |
71.68 |
Fruits, vegetables (other than leafy vegetables) |
53.10 |
Tubers of potatoes |
156.69 |
Soil and growing medium, bark |
119.64 |
Grain |
142.98 |
Other plants or plant products not specified elsewhere in this table, except forest trees |
22.73 |
F11SCHEDULE 2Import inspection fees: reduced rates
Sch. 2 substituted (14.11.2019) by The Plant Health etc. (Miscellaneous Fees) (Wales) (Amendment) Regulations 2019 (S.I. 2019/1378), regs. 1(2), 3(8)
Column 1 Genus |
Column 2 County of origin |
Column 3 Fee (£) |
---|---|---|
Cut flowers |
||
Aster |
Zimbabwe |
32.06 |
Dianthus |
Colombia |
1.28 |
Ecuador |
6.41 |
|
Kenya |
2.14 |
|
Turkey |
6.41 |
|
Rosa |
Colombia |
1.28 |
Ecuador |
0.43 |
|
Ethiopia |
2.14 |
|
Kenya |
4.28 |
|
Tanzania |
21.38 |
|
Zambia |
4.28 |
|
Branches with Foliage |
||
Phoenix |
Costa Rica |
17.00 |
Fruit |
||
Actinidia |
Any third country |
2.66 |
Carica papaya |
Any third country |
2.66 |
Citrus |
Egypt |
39.83 |
Morocco |
1.59 |
|
Peru |
5.31 |
|
Turkey |
1.59 |
|
USA |
13.28 |
|
Citrus lemon and citrus aurantifolia |
Israel |
13.28 |
Cydonia |
Any third country in Europe |
2.66 |
Fragaria |
Any third country |
2.66 |
Malus |
Argentina |
18.59 |
Brazil |
26.55 |
|
Chile |
2.66 |
|
Any third country in Europe |
2.66 |
|
New Zealand |
5.31 |
|
South Africa |
2.66 |
|
Mangifera |
Brazil |
26.55 |
Passiflora |
Colombia |
3.72 |
Kenya |
13.28 |
|
South Africa |
18.59 |
|
Vietnam |
13.28 |
|
Zimbabwe |
26.55 |
|
Persea americana |
Any third country |
2.66 |
Prunus |
Argentina |
39.83 |
Chile |
5.31 |
|
Any third country in Europe |
2.66 |
|
Morocco |
26.55 |
|
Turkey |
18.59 |
|
USA |
26.55 |
|
Prunus other than prunus persica |
South Africa |
2.66 |
Pyrus |
Argentina |
7.97 |
Chile |
7.97 |
|
China |
26.55 |
|
Any third country in Europe |
2.66 |
|
South Africa |
5.31 |
|
Ribes |
Any third country in Europe |
2.66 |
Rubus |
Any third country |
2.66 |
Vaccinium |
Argentina |
13.28 |
Any third country in Europe |
2.66 |
|
Vitis |
Any third country |
2.66 |
Vegetables |
||
Solanum lycopersicon |
Canary Islands |
2.66 |
Morocco |
2.66 |
|
Solanum melongena |
Turkey |
13.28 |
F14SCHEDULE 3Plant passport authorisation fees
Sch. 3 omitted (14.11.2019) by virtue of The Plant Health etc. (Miscellaneous Fees) (Wales) (Amendment) Regulations 2019 (S.I. 2019/1378), regs. 1(2), 3(9)
F14
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12SCHEDULE 4Plant health licence fees
Sch. 4 substituted (14.11.2019) by The Plant Health etc. (Miscellaneous Fees) (Wales) (Amendment) Regulations 2019 (S.I. 2019/1378), regs. 1(2), 3(10)
In this Schedule—
-
“period 1” means the period ending on 31 March 2020;
-
“period 2” means the period beginning on 1 April 2020 and ending on 30 September 2020.
Column 1
Type of application or inspection
Column 2
Date of application
Column 3
Fee (£)
Application for a licence for scientific or trial purposes, other than—
-
a licence in respect of the analysis of soil or other growing medium
-
a licence for scientific or trial purposes covering 5 or more items
995.36
Application for a licence for scientific or trial purposes covering 5 or more items
995.36, plus 52.45 per item in excess of 5 items
Application for a licence in respect of the analysis of soil or other growing medium, other than a licence in respect of the analysis of soil or other growing medium covering 5 or more items
745.41
Application for a licence in respect of the analysis of soil or other growing medium covering 5 or more items
745.41, plus 52.45 per item in excess of 5 items
Application for a variation of a licence with changes requiring scientific or technical assessment
380.25
Application for any other licence
42.50
Issue of an annual letter of authority
42.50
Monitoring compliance with licence terms and conditions
In the case of monitoring undertaken during period 1
69.75 for each 15 minutes (or part thereof), subject to a minimum fee of 139.50
In the case of monitoring undertaken during period 2
81.25 for each 15 minutes (or part thereof), subject to a minimum fee of 162.50
In the case of monitoring undertaken on or after 1 October 2020
92.67 for each 15 minutes (or part thereof), subject to a minimum fee of 185.34
-
F13SCHEDULE 5Seed potatoes: fees
Sch. 5 substituted (14.11.2019) by The Plant Health etc. (Miscellaneous Fees) (Wales) (Amendment) Regulations 2019 (S.I. 2019/1378), regs. 1(2), 3(11)
Column 1 Activity |
Column 2 Fee (£) |
Column 3 Minimum fee (£) |
---|---|---|
Soil sampling and testing for Potato Cyst Nematode |
||
Soil sampling and testing for the purposes of paragraph 4, 7 or 9 of Schedule 1 to the Seed Potatoes (Wales) Regulations 2016 |
24.75 for each hectare (or part thereof) sampled and tested |
|
Inspection of growing crop |
||
Certification as pre-basic seed potatoes: Union grade PBTC |
30.39 for each 15 minutes (or part thereof) |
60.78 |
Certification as pre-basic seed potatoes: Union grade PB |
12.16 per each 0.1 hectare (or part thereof) inspected |
60.75 |
Certification as basic seed potatoes: Union grade S |
10.57 per each 0.1 hectare (or part thereof) inspected |
105.70 |
Certification as basic seed potatoes: Union grade SE |
10.57 per each 0.1 hectare (or part thereof) inspected |
105.70 |
Certification as basic seed potatoes: Union grade E |
10.33 per each 0.1 hectare (or part thereof) inspected |
103.30 |
Certification as certified seed potatoes: Union grade A or B |
9.39 per each 0.1 hectare (or part thereof) inspected |
93.90 |
Inspection of harvested tubers |
||
Inspection |
40.55 for each 15 minutes (or part thereof) |
81.10 |
Provision of labels and seals in respect of application |
||
Printed labels for bags holding 50 kgs of seed potatoes or less |
0.05 per label |
|
Printed labels and seals for bags holding more than 50 kgs of seed potatoes |
0.11 per label (including seal) |
|
Blank labels and seals |
0.16 per label (including seal) |
1973 c. 51: subsection (1) was amended by S.I. 2011/1043.