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”).
Regulation 2(2) makes amendments to definitions used in the principal Regulations.
Regulation 2(3) and (4) make changes to regulations 3 and 4 of the principal Regulations to make separate provision for the charging of (i) fees for plant health checks and (ii) fees for document and identity checks.
Regulation 2(5) substitutes schedule 1 of the principal Regulations which previously made provision for document and identity checks as well as for plant health checks. The new schedule 1 makes provision for fees for plant health checks only.
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(6) substitutes schedule 2 of the principal Regulations to take account of the most recent Commission Notification on reduced inspections rates as published on the following website:
The table provides a comparison of changes made to the fees in schedule 2 of the principal Regulations:
TABLE A
| Genus | Country of origin | Previous rate of inspection | Previous fee(i) | New rate of inspection | New fee, specified in Schedule 2(i) | ||
|---|---|---|---|---|---|---|---|
| Fruit | |||||||
| Actinidia | Any third country | New | - | 5% | £12.90 | ||
| Carica | Any third country | New | - | 5% | £12.90 | ||
| Citrus | Mexico | 100% | £30.00 | 50% | £21.00 | ||
| Citrus | Tunisia | 75% | £25.50 | 100%(ii) | £30.00 | ||
| Citrus limon, C aurantiifolid | Israel | 25% | £16.50 | 100%(ii) | £30.00 | ||
| Cydonia | Any third country in Europe | New | - | 5% | £12.90 | ||
| Fragaria | Any third country | New | - | 5% | £12.90 | ||
| Malus | Any third country in Europe | New | - | 5% | £12.90 | ||
| Passiflora | South Africa | 35% | £18.30 | 50% | £21.00 | ||
| Passiflora | Zimbabwe | 50% | £21.00 | 75% | £25.50 | ||
| Persea americana | Any third country | New | - | 5% | £12.90 | ||
| Prunus | Any third country in Europe | New | - | 5% | £12.90 | ||
| Prunus | USA | 50% | £21.00 | 100%(ii) | £30.00 | ||
| Prunus, other than P. persica | South Africa | 5% | £12.90 | 10% | £13.80 | ||
| Pyrus | Any third country in Europe | New | - | 5% | £12.90 | ||
| Ribes | Any third country in Europe | New | - | 5% | £12.90 | ||
| Rubus | Any third country | New | - | 5% | £12.90 | ||
| Vaccinium | Any third country in Europe | New | - | 5% | £12.90 | ||
| Vaccinium | Chile | New | - | 10% | £13.80 | ||
| Vaccinium | Peru | New | - | 10% | £13.80 | ||
| Vitis | Any third country | New | - | 5% | £12.90 | ||
| Vegetables | |||||||
| Solanum melongena | Turkey | 25% | £16.50 | 15% | £14.70 | ||
| Machinery and vehicles which have been operated for agricultural or forestry purposes | |||||||
| Machinery and vehicles | Any third country | New | - | 5% | £12.90 | ||
| (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. The fee amount stated is the previous fee for the plant health check only. The amount stated does not include the £12 fee for document and identity checks which was previously included in the fee total. | ||||||
| (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 of the principal Regulations. | ||||||
Regulation 2(7) inserts a new schedule 2A into the principal Regulations which makes separate provision for the charging of fees for document and identity checks.
Regulation 3 revokes regulation 2 of the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2019.
No business or regulatory impact assessment has been prepared for this instrument as it has limited impact on the cost of business.