The Plant Health (Fees) (England) (Amendment) Regulations 2013

Made: 4th December 2013

Laid before Parliament: 9th December 2013

Coming into force: 1st January 2014

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Citation and commencement

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Amendment of the Plant Health (Fees) (England) Regulations 2013

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Amendment of Schedule 1

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Substitution of Schedule 2

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Signed

de Mauley — Parliamentary Under Secretary of State — Department for Environment, Food and Rural Affairs — 28th November 2013

We consent

Mark Lancaster — Anne Milton — Two of the Lords Commissioners of Her Majesty’s Treasury — 4th December 2013

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the Plant Health (Fees) (England) Regulations 2013 (S.I. 2013/494) (“the principal Regulations”).

The principal Regulations implement Article 13d 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 within the Community (OJ No. 169, 10.7.2000, p. 1) (“the Directive”) which requires Member States to charge fees to cover the costs of documentary, identity and plant health checks of certain imports of plants, plant products and other objects from third countries set out in Annex V, Part B of the Directive.

Schedule 2 to the principal Regulations sets out reduced rate fees for certain plants and plant products subject to reduced frequency inspections agreed under the procedure provided for in Articles 13d(2) and 18(2) of the Directive. Regulation 4 of these Regulations substitutes a new Schedule 2 to give effect to the latest agreement by the EU Standing Committee on Plant Health in respect of reduced rate fees.

The inspection rates for the following have increased with matching increases in fees: Dianthus from Ecuador (from 10% to 15%); Rosa from Tanzania (from 10% to 15%); Malus from Argentina and the USA (from 10% to 25% and 35% to 50% respectively); and Passiflora from Zimbabwe (from 50% to 75%).

Aster from Zimbabwe and Rosa from Uganda are no longer eligible for reduced rate fees since these are subject to 100% inspection frequency. Accordingly, they are removed from Schedule 2 and the fees in Schedule 1 to the principal Regulations are applied for these consignments.

The inspection rates for the following have decreased with matching decreases in fees: Dianthus from Colombia (from 5% to 3%); Citrus from Peru (from 25% to 15%); Passiflora from South Africa (from 50% to 35%); and Momordica from Surinam (from 50% to 35%).

Mangifera from Brazil is newly eligible for reduced rate fees corresponding to its decreased inspection rate from 100% to 50% and is accordingly added to Schedule 2.

Regulation 3 corrects an error in one of the 100% inspection level fees specified in Schedule 1.

An impact assessment has not been produced for this instrument as no or no significant impact on the private or voluntary sectors is foreseen and they implement annual changes in fees in line with a predetermined level rather than fundamental changes to the regulatory regime itself.

Footnotes

[^f00001]: 1973 c. 51.

[^f00002]: S.I. 2013/494.

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Editorial notes

[^key-ab1e225fd32a9f0130ee0cf5738b48a1]: Regulations revoked (6.4.2014) by The Plant Health (Fees) (England) Regulations 2014 (S.I. 2014/601), regs. 1(1), 9(b)