The Plant Health (Fees) (England) (Amendment) Regulations 2015

Made: 8th December 2015

Laid before Parliament: 10th December 2015

Coming into force: 1st January 2016

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Citation and commencement

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Amendment of the Plant Health (Fees) (England) Regulations 2014

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Substitution of regulation 3

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Substitution of Schedule 2

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Amendment of Schedule 4

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Signed

Gardiner of Kimble — Lords Spokesman — Department for Environment, Food and Rural Affairs — 2nd December 2015

We consent

David Evennett — Mel Stride — Two of the Lords Commissioners of Her Majesty’s Treasury — 8th December 2015

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the Plant Health (Fees) (England) Regulations 2014 (S.I. 2014/601) (“the principal Regulations”).

Regulation 3 of the principal Regulations provides for the payment of fees in relation to certain statutory functions arising under the Seed Potatoes (England) Regulations 2006 (S.I. 2006/1161). The Seed Potatoes (England) Regulations 2006 have been replaced by the Seed Potatoes (England) Regulations 2015 (S.I. 2015/1953). These Regulations make minor amendments to regulation 3 of, and Schedule 4 to, the principal Regulations to reflect certain changes in terminology and other changes made by the Seed Potatoes (England) Regulations 2015. The fees which are payable under regulation 3 of the principal Regulations remain unchanged.

Schedule 2 to the principal Regulations (“Schedule 2”) sets out reduced rate fees for certain plants and plant products which are subject to reduced levels of plant health checks agreed under the procedure provided for in Articles 13a(2) and 18(2) 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, p1). Regulation 4 of these Regulations amends Schedule 2 to give effect to the latest notification published by the European Commission of the reduced plant health checks which are applicable to certain plants and plant products.

The inspection rates in respect of the following commodities referred to in Schedule 2 have increased, with matching increases in fees: Dianthusfrom Kenya (from 5% to 10%), Passiflora from Kenya (from 10% to 15%), Prunus from Argentina (from 50% to 75%), Prunusfrom the USA (from 10% to 50%) and Pyrus from China (from 50% to 75%).

Fruit of Citrus from Uganda and Psidium from Brazil are no longer eligible for reduced rate fees since these commodities are subject to an inspection rate of 100%. Accordingly, the relevant entries are removed from Schedule 2 and the fees in Schedule 1 to the principal Regulations are applied to these consignments.

The inspection rates in respect of the following commodities referred to in Schedule 2 have decreased, with matching decreases in fees: Rosa from Ethiopia (from 10% to 5%), Citrus from Tunisia (from 75% to 50%), Capsicum from Morocco (from 10% to 5%) and Momordica from Surinam (from 35% to 25%).

A full impact assessment has not been produced for this instrument as no impact, or no significant, impact on the private, voluntary or public sector is foreseen.

Footnotes

[^f00001]: 1973 c.51; section 56(1) was amended by S.I. 2011/1043, article 6(1)(e).

[^f00002]: S.I. 2014/601, amended by S.I. 2014/3243; there are other amending instruments but none is relevant.

[^f00003]: S.I. 2015/1953.

[^f00004]: Schedule 2 was substituted by S.I. 2014/3243, regulation 4.

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Editorial notes