The Plant Health (Fees) (England) and Official Controls (Frequency of Checks) (Amendment) Regulations 2024

Amendment of the Plant Health etc. (Fees) (England) Regulations 2018

3.—(1) The Plant Health etc. (Fees) (England) Regulations 2018(1) are amended as follows.

(2) In regulation 3 (import inspection fees)—

(a) for paragraph (2) substitute—

“(2) The fee payable by the importer of a third country consignment in respect of a documentary check of each phytosanitary certificate or phytosanitary certificate for re-export accompanying the consignment is—

(a) in the case of a consignment originating in Liechtenstein containing any plants or plant products falling within the table in Schedule 2B and also within the Schedule to the Official Controls (Plant Health) (Frequency of Checks) Regulations 2022(2), £5.25;

(b) in the case of a consignment to which sub-paragraph (a) does not apply, originating in an EU Member State, Liechtenstein or Switzerland and containing only plants or plant products falling within the table in Schedule 2B, £0.15;

(c) in any other case, £5.25.”;

(b) for paragraph (2E) substitute—

“(2E) No fee is payable under paragraph (2A) in respect of—

(a) any consignment originating in an EU Member State, Liechtenstein or Switzerland introduced into England through a relevant port before 31st October 2024; or

(b) any plants listed in the table in Schedule 2A to the Plant Health (Amendment etc.) (EU Exit) Regulations 2020 contained in any consignment originating in an EU Member State, Liechtenstein or Switzerland, introduced into England before 31st October 2024.

(2EA) Paragraph (2E) does not apply to any goods—

(a) contained in a consignment originating in Liechtenstein; and

(b) falling within the Schedule to the Official Controls (Plant Health) (Frequency of Checks) Regulations 2022.”;

(c) in paragraph (2G), in the words before sub-paragraph (a), for “, the table and Schedule 2A” substitute “and the table”;

(d) in paragraph (3)—

(i) after sub-paragraph (d), insert—

“(da) “relevant port” means any of the following seaports—

(i) Barrow;

(ii) Ellesmere Port;

(iii) Garston;

(iv) Heysham;

(v) Lancaster;

(vi) Liverpool;

(vii) Mersey Wharf;

(viii) Royal Portbury (Bristol);

(ix) Seaforth Grain Terminal;

(x) Silloth;

(xi) Workington;”;

(ii) omit sub-paragraph (g).

(3) For Schedule 1 (import inspection fees), substitute—

Regulation 3(2A) and (2C)

“SCHEDULE 1 Import inspection fees

Column 1 Category and description of plant, plant product or other object	Column 2 Country of origin	Column 3 Fee: Physical check (£)	Column 4 Fee: Identity check (£)
(1) “Intended for final users” means intended, by evidence from the packaging, labelling or by other means, for direct supply to final users.
(2) “Woody plants” means plants which have a woody or partly woody stem, and includes all trees, forest reproductive material (other than seed), shrubs and palms, and those vines and perennial herbs with woody or partly woody stems; and for this purpose “perennial herbs” means herbs for which the average life exceeds two years.
(3) “Non-woody plants” means plants that are not woody plants.
(4) “Indoor plants” means plants which appear from their packaging or labelling or by other means to be intended for direct supply to final users for indoor use or use in aquaria.
(5) “European third countries” means Albania, Andorra, Armenia, Azerbaijan, Belarus, Bosnia and Herzegovina, Canary Islands, Faeroe Islands, Georgia, Iceland, Moldova, Monaco, Montenegro, North Macedonia, Norway, Russia (only the following parts: Central Federal District (Tsentralny federalny okrug), Northwestern Federal District (Severo-Zapadny federalny okrug), Southern Federal District (Yuzhny federalny okrug), North Caucasian Federal District (Severo-Kavkazsky federalny okrug) and Volga Federal District (Privolzhsky federalny okrug)), San Marino, Serbia, Turkey and Ukraine.”.
Bulbs, corms, rhizomes, tubers (other than tubers of potatoes), onions, shallots, garlic, leeks and other alliaceous vegetables, dormant, not in substrate
All genera intended for planting, other than commercial flower production, and not intended for final users(1)	Any third country	205.04	5.25
All genera intended for planting, and intended for commercial flower production, or for final users	Any third country	20.50	0.52
Cuttings, seedlings intended for planting, not specified or included anywhere else in this table
All genera	Any third country	32.15	1.57
Plants for planting
Woody plants(2) (other than specified or included elsewhere in this table), intended for planting and intended for final users (1). All genera	Any third country	32.15	1.57
Non-woody plants(3) (other than specified or included elsewhere in this table), intended for planting. All genera	Any third country	32.15	1.57
Indoor plants(4). All genera	Any third country	32.15	1.57
Other plants (other than specified or included elsewhere in this table), intended for planting. All genera	Any third country	32.15	1.57
Cut flowers
Dendranthema (DC.) Des Moul. (Chrysanthemum L.)	Any EU Member State, Liechtenstein or Switzerland	1.28	0.15
	Colombia or Ecuador	21.37	2.62
	Any third country other than an EU Member State, Colombia, Ecuador, Liechtenstein or Switzerland	2.13	0.26
Eryngium Tournier ex Linnaeus.	Any third country other than an EU Member State, European third country, Liechtenstein or Switzerland	4.27	0.52
Lisianthus L.	Any third country other than an EU Member State, European third country, Liechtenstein or Switzerland	4.27	0.52
Rosa L.	Colombia or Ecuador	1.28	0.15
	Canada, India, Mexico or the USA	21.37	2.62
	Any third country other than an EU Member State, Canada, Colombia, Ecuador, India, Liechtenstein, Mexico, Switzerland or the USA	2.13	0.26
Solidago L.	Any EU Member State, Liechtenstein or Switzerland	1.28	0.15
	Any third country other than an EU Member State, Liechtenstein or Switzerland	4.27	0.52
Other genera not specified or included elsewhere in this table	Any EU Member State, Liechtenstein or Switzerland	1.28	0.15
	Any third country other than an EU Member State, Liechtenstein or Switzerland	2.13	0.26
Branches with foliage, parts of Conifers (other than bark or cut Christmas trees)
All genera	Any EU Member State, Liechtenstein or Switzerland	1.01	0.15
	Any third country other than an EU Member State, Liechtenstein or Switzerland	1.69	0.26
Fruit, vegetables, leaves
Momordica L.	Any EU Member State, Liechtenstein or Switzerland	1.59	0.15
	Any third country other than an EU Member State, Liechtenstein or Switzerland	26.55	2.62
Ocimum L.	Any EU Member State, Liechtenstein or Switzerland	2.15	0.15
	Any third country other than an EU Member State, Liechtenstein or Switzerland	35.84	2.62
Solanaceae Juss. (other than Solanum tuberosum L. Solanum lycopersicum L, Solanum melongena L. and Capsicum sp.)	Any EU Member State, Liechtenstein or Switzerland	1.59	0.15
	Any third country other than an EU Member State, Liechtenstein or Switzerland	26.55	2.62
Solanum lycopersicum L.	Any EU Member State, Liechtenstein or Switzerland	1.59	0.15
	Morocco	2.65	0.26
	Canary Islands	13.27	1.31
	Any third country other than the Canary Islands, an EU Member State, Liechtenstein, Morocco or Switzerland	53.10	5.25
Solanum melongena L.	Any EU Member State, Liechtenstein or Switzerland	1.59	0.15
	Turkey	15.93	1.57
	Any third country other than an EU Member State, Liechtenstein, Switzerland or Turkey	26.55	2.62
Capsicum	Any EU Member State, Liechtenstein or Switzerland	1.59	0.15
	Any third country other than an EU Member State, Liechtenstein or Switzerland	53.10	5.25
Zea mays	Any EU Member State, Liechtenstein or Switzerland	1.59	0.15
	Any third country other than an EU Member State, Liechtenstein or Switzerland	53.10	5.25
Ipomoea batatas	Any EU Member State, Liechtenstein or Switzerland	1.59	0.15
	Any third country other than Cameroon, an EU Member State, Liechtenstein or Switzerland	2.65	0.26
	Cameroon	53.10	5.25
Persea americana	Any EU Member State, Liechtenstein or Switzerland	1.59	0.15
	Any third country other than an EU Member State, Liechtenstein or Switzerland	2.65	0.26
Vitis	Any EU Member State, Liechtenstein or Switzerland	1.59	0.15
	Any third country other than an EU Member State, Liechtenstein or Switzerland	2.65	0.26
Malus	Any EU Member State, Liechtenstein or Switzerland	1.59	0.15
	European third countries(5)	7.96	0.78
	Argentina	18.58	1.83
	Chile	2.65	0.26
	New Zealand	5.31	0.52
	South Africa	7.96	0.78
	Any third country other than Argentina, Chile, an EU Member State, Liechtenstein, New Zealand, South Africa, Switzerland or European Third countries(5)	53.10	5.25
Pyrus	Any EU Member State, Liechtenstein or Switzerland	1.59	0.15
	Argentina	13.27	1.31
	Chile	7.96	0.78
	South Africa	5.31	0.52
	Any third country other than Argentina, Chile, an EU Member State, Liechtenstein, South Africa or Switzerland	53.10	5.25
Fragaria	Any EU Member State, Liechtenstein or Switzerland	1.59	0.15
	Any third country other than an EU Member State, Liechtenstein or Switzerland	2.65	0.26
Rubus	Any EU Member State, Liechtenstein or Switzerland	1.59	0.15
	Any third country other than an EU Member State, Liechtenstein or Switzerland	2.65	0.26
Vaccinium	Any EU Member State, Liechtenstein or Switzerland	1.59	0.15
	European third countries(5)	26.55	2.62
	Argentina	13.27	1.31
	Chile	5.31	0.52
	Peru	5.31	0.52
	Any third country other than Argentina, Chile, an EU Member State, Liechtenstein, Peru, Switzerland or European third countries(5)	53.10	5.25
Zingiber officinale	Any EU Member State, Liechtenstein or Switzerland	1.59	0.15
	Any third country other than Cameroon, an EU Member State, Liechtenstein or Switzerland	2.65	0.26
	Cameroon	53.10	5.25
Asparagus officinalis	Any EU Member State, Liechtenstein or Switzerland	1.59	0.15
	Any third country other than an EU Member State, Liechtenstein or Switzerland	53.10	5.25
Other genera or species of fruit or vegetables not specified or included elsewhere in this table	Any EU Member State, Liechtenstein or Switzerland	1.59	0.15
	Any third country other than an EU Member State, Liechtenstein or Switzerland	2.65	0.26
Other leaves not specified or included elsewhere in this table	Any EU Member State, Liechtenstein or Switzerland	2.15	0.15
	Any third country other than an EU Member State, Liechtenstein or Switzerland	3.58	0.26
Seeds (for sowing), tissue cultures
All genera, for trials or testing	Any third country	12.81	0.52
Brassicaceae (other than for trials or testing)	Argentina, Australia, Bolivia, Brazil, Chile, New Zealand or Uruguay	128.13	5.25
Capsicum spp. L. (other than for trials or testing)	Any third country	128.13	5.25
Poaceae (other than for trials or testing)	Argentina, Australia, Bolivia, Brazil, Chile, New Zealand or Uruguay	128.13	5.25
Solanum lycopersicum L. (other than for trials or testing)	Any third country	128.13	5.25
Solanum tuberosum L. (True seed) (other than for trials or testing)	Any third country	128.13	5.25
Trifolium spp. (other than for trials or testing)	Argentina, Australia, Bolivia, Brazil, Chile, New Zealand or Uruguay	128.13	5.25
Other genera or species not specified or included elsewhere in this table	Any third country	6.40	0.26
Grain (other than seeds for sowing)
Secale L.	Afghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, South Africa or the USA	142.98	5.25
Triticum L.	Afghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, South Africa or the USA	142.98	5.25
X Triticosecale Wittm. ex A. Camus	Afghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, South Africa or the USA	142.98	5.25
Tubers of potatoes
Solanum tuberosum L. (seed potatoes)	Any third country	156.69	5.25
Solanum tuberosum L. (ware potatoes)	Egypt, Poland, Portugal or Romania	78.34	2.62
	Spain	156.69	5.25
	Any third country other than Egypt, Poland, Portugal, Romania or Spain	4.70	0.15
Cut Christmas trees (less than 3 metres in height)
All genera	Any EU Member State, Liechtenstein or Switzerland	3.58	0.15
	Any third country other than an EU Member State, Liechtenstein or Switzerland	5.98	0.26
Machinery or vehicles which have been operated for agricultural or forestry purposes	Any third country	5.98	0.26

(4) Omit Schedule 2A (list of plants and plant products from EU Member States, Liechtenstein and Switzerland subject to fees for physical and identity checks).

(5) Before Schedule 3, insert—

Regulation 3(2)(a)

“SCHEDULE 2B

Category and description of plant or plant product
Cut Flowers
Dendranthema (DC.) Des Moul. (Chrysanthemum L.)
Rosa L.
Solidago L.
Other genera not specified or included elsewhere in this table
Branches with foliage, parts of Conifers (other than bark or cut Christmas trees)
All genera
Fruit, vegetables, leaves
Momordica L.
Ocimum L.
Solanaceae Juss. (other than Solanum tuberosum L.)
Solanum melongena L.
Other genera or species of fruit or vegetables not specified or included elsewhere in this table
Other leaves not specified or included elsewhere in this table
Cut Christmas trees (less than 3 metres in height)
All genera”

(1)

S.I. 2018/289; amended by S.I. 2022/836. There are other amending instruments but none is relevant.

(2)

S.I. 2022/739; amended by S.I. 2023/959.