The Plant Health (Fees) (Miscellaneous Amendment) (Scotland) Regulations 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

These regulations amend the Plant Health (Import Inspection Fees) (Scotland) Regulations 2014 (“the 2014 Regulations”) and the Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015 (“the 2015 Regulations”).

Regulation 2 amends the 2014 Regulations. In particular—

(a) the fees payable by an importer of a consignment originating in a third country in respect of a physical and identity check of plants, plant products or other objects are amended to reflect the frequency rates of physical checks and identity checks of such plants, plant products and other objects determined in accordance with Part 1 of the Official Controls (Plant Health) (Frequency of Checks) Regulations 2022. The fees are set out in a new schedule 1 inserted into the 2014 Regulations.

(b) existing schedules 1A, 2 and 2ZA, relating specifically to fees payable in respect of physical and identity checks for consignments originating in EU member states, Liechtenstein and Switzerland, and for reduced checks are revoked.

(c) a new schedule 2 is inserted with a list of plants and plant products which will not require to have import fees charged if they are imported from an EU member state, Liechtenstein or Switzerland.

The table below provides a comparison of changes made to the fees in schedule 1 of the proposed Regulations.

Plant, plant product or other object		Inspection Rate				Previous Fee*							Inspection Rate			New Fee*
		EU	Non EU Third country			EU						Non EU Third country	EU	Non EU Third country		EU	Non EU Third country
Plants for planting
Dormant bulbs, corms, rhizomes, tubers, onion, garlic, shallots, not in substrate intended for planting (other than tubers of potatoes) and not intended for final consumers** or commercial flower production		100%	100%			£36.00						£36.00		No change
Dormant bulbs, corms, rhizomes, tubers, onion, garlic, shallots, not in substrate intended for planting (other than tubers of potatoes) and intended for final consumers** or commercial flower production only		10%	New category			£14.40						New category	No change	10%		No change	£14.40
Cuttings		100%	100%			£36.00						£36.00	No change
Non-woody plants (other than seed) for final consumers**. Excludes shrubs, trees, other woody nursery plants and forest reproductive material		10%	New category			£15.00						New category	30%	30%		£19.20	£19.20
Shrubs, trees (other than cut Christmas trees), other woody nursery plants including forest reproductive material (other than seed); plants not specified elsewhere in this table		100%	100%			£36.00						£36.00	No change
*** Indoor plants (including plants for use in aquaria) for final consumers**		New category											5%	5%		£13.20	£13.20
Plants intended for planting (other than cut Christmas trees), not specified or included elsewhere in this table		100%		100%			£36.00					£36.00	No change
Seeds
Seeds for trials or testing		New category											10%	10%		£14.40	£14.40
Seeds not specified elsewhere in this table		100%		100%				£36.00				£36.00	5%	5%		£13.20	£13.20
Brassicaceae spp, Poaceae spp and Trifolium spp. except from Argentina, Australia, Bolivia, Brazil, Chile, New Zealand and Uruguay		New category											5%	5%		£13.20	£13.20
Brassicaceae spp, Poaceae spp and Trifolium spp. from Argentina, Australia, Bolivia, Brazil, Chile, New Zealand and Uruguay		New category											N/A	100%		N/A	£36.00
Capsicum spp., Solanum lycopersicum L. Solanum tuberosum L. (‘true potato seed’)		New category											100%	100%		£36.00	£36.00
Triticum L., Secale L. and X Triticosecale except from Afghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, South Africa and the USA		New category											5%	5%		£13.20	£13.20
Triticum L., Secale L. and X Triticosecale from Afghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, South Africa and the USA		New category											N/A	100%		N/A	£36.00
Seeds, tissue cultures intended for final users or to produce plants for final use		5%		N/A				£13.20				N/A	No change	5%		No change	£13.20
Grain (not seed for sowing)
Of the genera Triticum L., Secale L. and X Triticosecale from countries with Karnal bunt except from Afghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, South Africa and the USA		5%		100%				£13.18				£36.00	5%		5%	£13.20	£13.20
Of the genera Triticum L., Secale L. and X Triticosecale from countries with Karnal bunt from Afghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, South Africa and the USA		New category											N/A	100%		N/A	£36.00
Grain not specified elsewhere in this table		5%		100%					£13.18			£36.00	5%	5%		£13.20	£13.20
Cut flowers
Chrysanthemum L. and Dendranthema (DC.) Des Moul. except from Colombia and Ecuador		New category											3%	5%		£12.72	£13.20
Chrysanthemum L. and Dendranthema (DC.) Des Moul. from Colombia and Ecuador		New category											N/A	50%		N/A	£18.00
Eryngium Tournier ex Linnaeus, Solidago L.		New category											3%	10%		£12.72	£14.40
Lisianthus L.		New category											10%	10%		£14.40	£14.40
Rosa L. except from Canada, USA, Mexico, India, Colombia and Ecuador		N/A		Fee specific to individual country						N/A		Fee specific to individual country	N/A		5%	N/A	£13.20
Rosa L. from Canada, USA, Mexico, India		N/A		New category						N/A		New category	N/A		N/A	50%	£24.00
Rosa L. from	Colombia	N/A		3%						N/A		£12.78	N/A		N/A	5%	£13.20
	Ecuador			1%								£12.26
Cut flowers not specified elsewhere in this table		3%		100%						£15.00		£36.00	3%		5%	£12.72	£13.20
Fruits, vegetables (not leafy vegetables)
Momordica L. and Solanaceae Juss. (excluding Solanum tuberosum L.)		New category											3%	50%		£12.72	£27.00
Solanum melongena L. except from Turkey		N/A		100%							N/A	£36.00	3%		5%	£12.72	£13.20
Solanum melongena L. from Turkey		N/A		15%							N/A	£15.60	N/A		30%	N/A	£17.40
Fruit, vegetables not specified elsewhere in this table		3%		100%							£13.18	£36.00	3%		5%	£12.72	£13.20
Leaves of plants and leafy vegetables
Ocimum L.		New category											3%	50%		£12.72	£18.00
Leaves of plants and leafy vegetables not specified elsewhere in this table		3%		100%							£13.18	£36.00	3%		5%	£12.72	£13.20
Branches with foliage, parts of conifers other than bark
Branches with foliage, parts of conifers other than bark		5%		100%							£13.20	£36.00	3%		5%	£12.72	£13.20
Tubers of potatoes
Seed potatoes - Solanum tuberosum L.		100%		100%							£64.00	£64.00	No change
Ware potatoes – tubers of Solanum tuberosum L. except Egypt, Poland, Portugal Romania and Spain		3%		100%							£13.56	£64.00	No change		3%	No change	£13.56
Ware potatoes – tubers of Solanum tuberosum L. from Poland, Portugal and Romania		50%		N/A							£35.00	N/A	No change		N/A	No change	N/A
Ware potatoes – tubers of Solanum tuberosum L. from Egypt		N/A		100%							N/A	£64.00	N/A		50%	N/A	£35.00
Ware potatoes – tubers of Solanum tuberosum L. from Spain		100%		N/A							£72.00	N/A	No change		N/A	No change	N/A
Cut Christmas trees
Cut Christmas trees (less than 3 metres in height)		3%		100%							£13.18	£36.00	3%		5%	£12.72	£13.20
Other objects
Machinery and vehicles which have been operated for agricultural or forestry purposes		5%			100%						£13.20	£36.00	No change		5%	No change	£13.20
Growing media and soil from all third countries will be inspected at the frequency rate of the plants that it is attached to.
* The fee listed is the combined fee for the physical check and the identity check. ** “Final consumers” means by evidence from the packaging, labelling or by other means, for direct sales to final consumers. *** “Indoor Plants” means clearly packed and ready for supply to final consumers, identifiable as being for indoor use or use in aquaria.
Note— 1. Previous fees for physical checks were rounded up to the nearest pound. The fees introduced by these Regulations are not rounded up. 2. References in this table to “EU” are to be read as also referring to Liechtenstein and Switzerland.

Regulation 3(5A) to (5BB) of the 2015 Regulations makes provision relating to phytosanitary certification fees, including an exemption to provide that such fees are not payable in relation to exports from Scotland to Northern Ireland in certain circumstances. Regulation 2 amends regulation 3(5BB) of the 2015 Regulations to change the date on which this exemption ceases to have effect from 31 December 2022 to 31 December 2023.

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