# The Plant Health (Import Inspection Fees) (Scotland) Regulations 2005

S.S.I. 2005/216 · made 14 April 2005 · revised to 6 May 2005

These Regulations which extend to Scotland only, come into force on 6th May 2005. They implement Article 13d of Council Directive 2000/29/EC, as last amended by Commission Directive 2005/15/EC (“the Directive”) which requires Member States 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 provided for in Article 13a(1) of the Directive.

Made under: European Communities Act 1972 (repealed) (Section 2); Finance Act 1973 (Section 56)

PDFs: Printed copy https://openlegislation.uk/plant-health-import-inspection-fees-scotland-regulations-2005/pdf/ssi_20050216_en.pdf

## Introductory text

PLANT HEALTH
Made 14th April 2005
Laid before the Scottish Parliament 14th April 2005
Coming into force 6th May 2005
The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and section 56(1) and (2) of the Finance Act 1973, hereby make the following Regulations:

## 1 Title, commencement and extent

(1) These Regulations may be cited as the Plant Health (Import Inspection Fees) (Scotland) Regulations 2005 and shall come into force on 6th May 2005.
(2) These Regulations extend to Scotland only.

## 2 Interpretation

(1) In these Regulations–
“consignment” has the same meaning as in Article 2(1)(p) of the Directive;
“the Directive” 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 as last amended by Commission Directive 2005/15/EC;
“documentary check” has the same meaning as in Article 13a(1)(b)(i) of the Directive;
“identity check” has the same meaning as in Article 13a(1)(b)(ii) of the Directive;
“normal working hours” means any time between the hours of 6 a.m. to 5 p.m. on any day except a Saturday, Sunday, Easter Monday, 26th December if it is not a Saturday or Sunday, 27th December in a year in which 25th or 26th December is a Sunday or a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971;
“plant” has the same meaning as in Article 2(1)(a) of the Directive;
“plant health check” has the same meaning as in Article 13a(1)(b)(iii) of the Directive;
“plant intended for planting” has the same meaning as in Article 2(1)(d) of the Directive;
“plant product” has the same meaning as in Article 2(1)(b) of the Directive; and
“third country” means a country or territory other than one within the European Community.
(2) A reference in these Regulations to anything done in writing or produced in written form includes a reference to an electronic communication, as defined in the Electronic Communications Act 2000, which has been recorded and is consequently capable of being reproduced.

## 3 Consignments to which Regulations apply

These Regulations apply to consignments of plants, plant products and other objects of a description specified in the first column of Schedule 1, landed in Scotland from a third country in respect of which Article 13d(1) of the Directive requires Member States to collect phytosanitary fees to cover the costs occasioned by documentary checks, identity checks and plant health checks.

## 4 Fees

(1) An importer of a consignment to which these Regulations apply must pay to the Scottish Ministers the fees specified in this regulation.
(2) In respect of a plant health check carried out on any consignment of plants, plant products or other objects, other than a consignment of a plant or plant product to which paragraph (3) applies, the fee payable shall be–
(a) the fee specified in the third column of Schedule 1 in respect of a check carried out during normal working hours; or
(b) the fee specified in the fourth column of that Schedule in respect of a check carried out outside those hours.
(3) In respect of a plant health check carried out, or which, but for Article 13a(2) of the Directive (providing for checks to be carried out at reduced frequency), would have been required to be carried out, on a consignment of any plant or plant product listed in the first column of Schedule 2 and originating from a country listed in the third column of that Schedule, the fee payable, in accordance with Article 13d(2) of the Directive, shall be–
(a) the fee specified in the fourth column of Schedule 2 in respect of a check carried out during normal working hours; or
(b) the fee specified in the fifth column of that Schedule in respect of a check carried out outside those hours.
(4) In respect of a documentary check or an identity check carried out on any consignment the fee payable shall be that specified for that check in the third column of Schedule 3.

## 5 Mixed consignments

Where a consignment to which these Regulations apply does not consist exclusively of plants, plant products or other objects coming within one description in the first column of Schedule 1, those parts thereof consisting of plants, plant products or other objects coming within other descriptions in the first column of that Schedule shall be treated as separate consignments and subject to separate fees under regulation 4.

## 6 Notification of consignments

An importer of a consignment to which these Regulations apply must submit to the Scottish Ministers such information relating to the consignment, in writing and in such form as the Scottish Ministers may reasonably require, and such information must be submitted at least 48 hours before the consignment is landed in Scotland.

## Signature

ROSS FINNIE
A member of the Scottish Executive
Pentland House, Edinburgh
14th April 2005

## Schedule 1 IMPORT INSPECTION FEES FOR PLANT HEALTH CHECKS

Column 1
Column 2
Column 3
Column 4
Plant, plant product or other object
Quantity
Fee (normal working hours)
Fee (outside normal working hours)
Cuttings, seedlings (except forestry reproductive material), young plants of strawberries or of vegetables
Per consignment
– up to 10,000 in number
– for each additional 1,000 units
– maximum price
£13.24
£0.52
£105.92
£19.86
£0.78
£158.88
Shrubs, trees (other than cut Christmas trees), other woody nursery plants including forest reproductive material (other than seed)
Per consignment
up to 1,000 in number
for each additional 100 units
maximum price
£13.24
£0.33
£105.92
£19.86
£0.49
£158.88
Bulbs, corms, rhizomes, tubers, intended for planting (other than tubers of potatoes)
Per consignment
up to 200 kg of weight
for each additional 10 kg
maximum price
£13.24
£0.12
£105.92
£19.86
£0.18
£158.88
Seeds, tissue cultures
Per consignment
up to 100 kg of weight
for each additional 10 kg
maximum price
£5.67
£0.13
£105.92
£8.50
£0.19
£158.88
Other plants intended for planting, not specified elsewhere in this Schedule
Per consignment
up to 5,000 in number
for each additional 100 units
maximum price
£13.24
£0.13
£105.92
£19.86
£0.19
£158.88
Cut flowers
Per consignment
up to 20,000 in number
for each additional 1,000 units
maximum price
£13.24
£0.10
£105.92
£19.86
£0.15
£158.88
Branches with foliage, parts of conifers (other than cut Christmas trees)
Per consignment
up to 100 kg of weight
for each additional 100 kg
maximum price
£13.24
£1.32
£105.92
£19.86
£1.98
£158.88
Cut Christmas trees
Per consignment
up to 1,000 in number
for each additional 100 units
maximum price
£13.24
£1.32
£105.92
£19.86
£1.98
£158.88
Leaves of plants, such as herbs, spices and leafy vegetables
Per consignment
up to 100 kg of weight
for each additional 10 kg
maximum price
£13.24
£1.32
£105.92
£19.86
£1.98
£158.88
Fruits, vegetables (other than leafy vegetables)
Per consignment
up to 25,000 kg of weight
for each additional 1,000 kg
£13.24
£0.52
£19.86
£0.78
Tubers of potatoes
Per lot
up to 25,000 kg of weight
for each additional 25,000 kg
£39.72
£39.72
£59.58
£59.58
Soil and growing medium, bark
Per consignment
up to 25,000 kg of weight
for each additional 1,000 kg
maximum price
£13.24
£0.52
£105.92
£19.86
£0.78
£158.88
Grain
Per consignment
up to 25,000 kg of weight
for each additional 1,000 kg
maximum price
£13.24
£0.52
£529.60
£19.86
£0.78
£794.40
Other plants or plant products not specified elsewhere in this Schedule, except forest trees
Per consignment
£13.24
£19.86

## Schedule 2 REDUCED IMPORT INSPECTION FEES FOR PLANT HEALTH CHECKS

Column 1
Column 2
Column 3
Column 4
Column 5
Genus
Quantity
Country of origin
Fee (normal working hours)
Fee (outside normal working hours)
Where the total amount of any fee comprises an amount of less than £0.01, that amount shall be excluded.
Cut flowers
Aster
Per consignment
up to 20,000 in number
for each additional 1,000 units
maximum price
Zimbabwe
Zimbabwe
Zimbabwe
£3.31
£0.02
£26.48
£4.96
£0.03
£39.72
Dianthus
Per consignment
– up to 20,000 in number
– for each additional 1,000 units
– maximum price
Colombia
Ecuador
Turkey
Morocco
Colombia
Ecuador
Turkey
Morocco
Colombia
Ecuador
Turkey
Morocco
£0.40
£1.98
£3.31
£3.31
£0.003
£0.01
£0.02
£0.02
£3.17
£15.88
£26.48
£26.48
£0.60
£2.97
£4.96
£4.96
£0.004
£0.015
£0.03
£0.03
£4.75
£23.82
£39.72
£39.72
Rosa
Per consignment
– up to 20,000 in number
– for each additional 1,000 units
– maximum price
Ecuador
Kenya
Uganda
Zimbabwe
Colombia
Ecuador
Kenya
Uganda
Zimbabwe
Colombia
Ecuador
Kenya
Uganda
Zimbabwe
Colombia
£0.66
£0.66
£0.66
£0.66
£1.32
£0.005
£0.005
£0.005
£0.005
£0.01
£5.29
£5.29
£5.29
£5.29
£10.59
£0.99
£0.99
£0.99
£0.99
£1.98
£0.007
£0.007
£0.007
£0.007
£0.015
£7.94
£7.94
£7.94
£7.94
£15.89
Fruit
Malus
Per consignment
– up to 25,000 kg of weight
– for each additional 1,000 kg
Chile
South Africa
Argentina
New Zealand
Brazil
China
Chile
South Africa
Argentina
New Zealand
Brazil
China
£1.32
£1.32
£1.98
£1.98
£3.31
£0.05
£6.62
£0.05
£0.07
£0.07
£0.13
£0.26
£1.98
£1.98
£2.97
£2.97
£4.96
£9.93
£0.07
£0.07
£0.10
£0.10
£0.19
£0.39
Mangifera
Per consignment
– up to 25,000 kg of weight
– for each additional 1,000 kg
Brazil
South Africa
Brazil
South Africa
£1.32
£6.62
£0.05
£0.26
£1.98
£9.93
£0.07
£0.39
Prunus
Per consignment
– up to 25,000 kg of weight
– for each additional 1,000 kg
Chile
South Africa
Turkey
Argentina
Chile
South Africa
Turkey
Argentina
£1.32
£1.32
£1.32
£1.98
£0.05
£0.05
£0.05
£0.07
£1.98
£1.98
£1.98
£2.97
£0.07
£0.07
£0.07
£0.10
Pyrus
Per consignment
– up to 25,000 kg of weight
– for each additional 1,000 kg
South Africa
Argentina
Chile
China
South Africa
Argentina
Chile
China
£1.32
£1.98
£3.31
£6.62
£0.07
£0.13
£0.26
£1.98
£2.97
£4.96
£9.93
£0.07
£0.10
£0.19
£0.39
Citrus
Per consignment
– up to 25,000 kg of weight
– for each additional 1,000 kg
Morocco
Turkey
USA
Israel
Mexico
Uruguay
Morocco
Turkey
USA
Israel
Mexico
Uruguay
£0.66
£0.92
£1.32
£1.98
£1.98
£1.98
£0.02
£0.03
£0.05
£0.07
£0.07
£0.07
£0.99
£1.38
£1.98
£2.97
£2.97
£2.97
£0.03
£0.04
£0.07
£0.10
£0.10
£0.10

## Schedule 3 IMPORT INSPECTION FEES FOR DOCUMENTARY CHECKS AND IDENTITY CHECKS

Column 1
Column 2
Column 3
Check
Quantity
Fee
Documentary check
Per consignment
£5.29
Identity check
Per consignment
up to a size of a truck load, a railway wagon load or the load of a container of comparable size
bigger than the above size
£5.29
£10.58

## Explanatory note

(This note is not part of the Regulations)
These Regulations which extend to Scotland only, come into force on 6th May 2005. They implement Article 13d of Council Directive 2000/29/EC, as last amended by Commission Directive 2005/15/EC (“the Directive”) which requires Member States 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 provided for in Article 13a(1) of the Directive.
Except where reduced import inspection fees apply, an importer is required to pay the fee specified in Schedule 1 for plant health checks carried out in respect of each consignment of plants and plant products landed in Scotland from a third country (regulation 4(1) and (2) and Schedule 1).
Schedule 2 specifies reduced import inspection fees which apply, whether or not an inspection is in fact carried out, in respect of plant health checks of certain cut flowers and fruits originating in the countries specified in that Schedule (regulation 4(3)). An importer is required to pay the fee specified in Schedule 3 for documentary checks and identity checks (regulation 4(4)).
Different types of plants, plant products or other objects contained within the same consignment shall be treated as separate consignments and subject to separate fees (regulation 5).
An importer must provide certain information concerning the consignment at least 48 hours before it is landed in Scotland (regulation 6).
No Regulatory Impact Assessment has been prepared in respect of these Regulations.

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Source: https://www.legislation.gov.uk/ssi/2005/216 (the official version)
Page: https://openlegislation.uk/plant-health-import-inspection-fees-scotland-regulations-2005
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

