LegalizeThe Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2017
Made: 11th January 2017
Laid before the Scottish Parliament: 13th January 2017
Coming into force: 11th February 2017
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 56(1) and (2) of the Finance Act 1973[^f00001] and all other powers enabling them to do so.
Citation, commencement and extent
1
- (1) These Regulations may be cited as the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2017 and come into force on 11th February 2017.
- (2) These Regulations extend to Scotland only.
Amendment of the Plant Health (Import Inspection Fees) (Scotland) Regulations 2014
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Revocation
3
Regulation 2(a) of the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2015[^f00003] is revoked.
Signed
FERGUS EWING — A member of the Scottish Government — 11th January 2017
Explanatory note
(This note is not part of the Regulations)
EXPLANATORY NOTE
These Regulations amend the Plant Health (Import Inspection Fees) (Scotland) Regulations 2014 (“the principal Regulations”).
Article 13d of Council [Directive 2000/29/EC](https://www.legislation.gov.uk/european/directive/2000/0029) (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](https://www.legislation.gov.uk/european/regulation/2004/1756) (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 substitutes schedule 2 of the principal Regulations to take account of the most recent Commission Notification on reduced inspection rates, available at:
http://ec.europa.eu/food/plant/plant_health_biosecurity/non_eu_trade/less_frequent_checks_en.
The Table provides a comparison of changes made to the fees in schedule 2 of the principal Regulations:
| Genus | Country of origin | Previous rate of inspection | Previous fee[^f01001] | New rate of inspection | New fee, specified in Schedule 2 |
|---|---|---|---|---|---|
| (1) 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. | (1) 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. | (1) 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. | (1) 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. | (1) 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. | (1) 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. |
| (2) 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. | (2) 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. | (2) 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. | (2) 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. | (2) 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. | (2) 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. |
| Cut Flowers | |||||
| Aster | Zimbabwe | 100% | £42.00 | 75% | £37.50 |
| Dianthus | Kenya | 10% | £25.80 | 5% | £24.90 |
| Dianthus | Turkey | 25% | £28.50 | 15% | £26.70 |
| Rosa | Zambia | 15% | £26.70 | 10% | £25.80 |
| Fruit | |||||
| Citrus | Egypt | 15% | £26.70 | 25% | £28.50 |
| Citrus | Mexico | 10% | £25.80 | 100%[^f01002] | - |
| Citrus | Tunisia | 50% | £33.00 | 100%[^f01002] | - |
| Malus | Argentina | 25% | £28.50 | 35% | £30.30 |
| Malus | USA | 50% | £33.00 | 75% | £37.50 |
| Passiflora | Colombia | 10% | £25.80 | 7% | £25.26 |
| Passiflora | Kenya | 15% | £26.70 | 25% | £28.50 |
| Passiflora | Vietnam | 100% | £42.00 | 35% | £30.30 |
| Prunus | Morocco | 50% | £33.00 | 25% | £28.50 |
| Prunus | USA | 50% | £33.00 | 25% | £28.50 |
| Vegetables | |||||
| Capsicum | Israel | 5% | £24.90 | 10% | £25.80 |
| Momordica | Surinam | 25% | £28.50 | 35% | £30.30 |
| Solanum melongena | Turkey | 10% | £25.80 | 5% | £24.90 |
Regulation 3 revokes regulation 2(a) of the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2015.
No business and regulatory impact assessment has been prepared for this instrument as it has limited impact on the cost of business.
Footnotes
[^f00001]: 1973 c.51. The reference to a Government department in section 56(1) is to be read as a reference to the Scottish Administration by virtue of article 2(2) of the Scotland Act (Consequential Modifications) (No. 2) Order 1999 (S.I. 1999/1820) and the functions of the Minister transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46). The requirement to obtain the consent of the Treasury was removed by section 55 of the Scotland Act 1998.
[^f00003]: S.S.I. 2015/392.
Editorial notes
[^key-08e11255458c5fadd3985e522c5e024b]: Reg. 1 in force at 11.2.2017, see reg. 1(1)
[^key-57c2193c7a474caa3cd501698fe3e36a]: Reg. 3 in force at 11.2.2017, see reg. 1(1)
[^key-d762eb2135ee078b1048e7a7009978ea]: Reg. 2 revoked (19.3.2018) by The Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2018 (S.S.I. 2018/22), regs. 1(1), 3
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