The Plant Health etc. (Miscellaneous Fees) (Amendment) (England) Regulations 2021

Jurisdiction: England

Commencement: 27^th May 2021

Amends:

• The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015
• The Plant Health etc. (Fees) (England) Regulations 2018

Mini Summary
The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015 revoke and replace The Plant Health (Fees) (Forestry) Regulations 2006 (SI 2006/2697) (as amended) in relation to England and Wales.

The Regulations implement fees that will be charged for:

• Inspections relating to authorisations to issue plant passports under the Plant Health (Forestry) Order 2005. See Schedule 1.
• Applications and inspections relating to licences under that Order. See Schedule 2.
• Plant health checks (physical inspections) on certain wood, wood products and bark imported from third countries (“controlled consignments”). See Schedule 3 and Regulation 3(5).
• Documentary checks and identity checks on controlled consignments. See Schedule 4.
• Conducting or monitoring remedial work on controlled consignments. See Schedule 5.

Schedule 3A in the 2006 Regulations (inserted by the 2008 amendment) set out reduced frequency of inspection fees for plant health checks of Canadian maple wood. This reduced frequency of inspections no longer applies and such consignments are no longer eligible for reduced rate fees. All other fees remain the same as they were in the now revoked The Plant Health (Fees) (Forestry) Regulations 2006 (SI 2006/2697) as amended.

The Plant Health etc. (Fees) (England) Regulations 2018 revoke the Plant Health (Fees) (England) Regulations 2014 as amended.

They specify the fees payable to the Secretary of State in relation to plant health services and the certification of seed potatoes and fruit plants and fruit plant propagating material.

Fees are specified for:

• imports of plants, plant products and other objects from third countries in accordance with Council Directive 2000/29/EC on protective measures against the introduction and spread of organisms harmful to plants or plant production within the Community;
• inspections and activities carried out in accordance to Council Directive 2000/29/EC;
• inspections and other activities carried out in accordance to Council Directive 2002/56/EC on the marketing of seed potatoes; and
• inspections and other activities carried out in accordance with Council Directive 2008/90/EC on the marketing of fruit plant propagating material and fruit plants intended for fruit production.

Amendment
The definition of professional operator is added to mean any person involved professionally in, and legally responsible for, one or more of the following activities concerning plants, plant products and other objects:

• planting;
• breeding;
• production, including growing, multiplying and maintaining;
• introduction into, and movement within and out of, Northern Ireland;
• making available on the market; and
• storage, collection, dispatching and processing.

The fees linked to an application for a *phytosanitary certificate, for export or re-export of plants in England is not payable in certain specified circumstances where a consignment is to be transported to Northern Ireland.

*Phytosanitary certificates are required when timber, which is regulated in other parts of the world, is exported from England, Scotland or Wales.

Link to full government text

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