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Statutory Rules of Northern Ireland


You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Plant Health (Import Inspection Fees) (Amendment) Regulations (Northern Ireland) 2008 No. 60
URL: http://www.bailii.org/nie/legis/num_reg/2008/nisr_20080060_en_1.html

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The Plant Health (Import Inspection Fees) (Amendment) Regulations (Northern Ireland) 2008

Made

18th February 2008

Coming into operation

31st March 2008

The Department of Agriculture and Rural Development(1), being a Department makes the following Regulations in exercise of the powers conferred on it by section 2(2) of the European Communities Act(2) and section 56(1), (2) and (5) of the Finance Act 1973(3), with the consent of the Department of Finance and Personnel.

The Department is designated(4) for the purposes of the said section 2(2) in relation to the Common Agricultural Policy of the European Community.

Citation, commencement and interpretation

1.–(1) These Regulations may be cited as the Plant Health (Import Inspection Fees) (Amendment) Regulations (Northern Ireland) 2008 and come into operation on 31st March 2008.

(2) In these Regulations–

"the principal Regulations" means the Plant Health (Import Inspection Fees) (Northern Ireland) 2005(5).

(3) The Interpretation Act (Northern Ireland) 1954(6) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

Amendments to the Plant Health (Import Inspection Fees) Regulations (Northern Ireland) 2005

2. The principal Regulations shall be amended in accordance with regulations 3 to 5.

3. In regulation 2, after "identity check"–

"" official body of point of entry" has the same meaning as in Article 2(1)(k) of the Directive;".

4. For regulation 3, substitute–

"3. These Regulations apply in relation to consignments of plants, plant products and other objects of a description specified in the first column of Schedule 1 that are:

(a) listed in Annex V, Part B of the Directive; or

(b) seeds of Solanaceae whether or not listed in Annex V, Part B of the Directive;

and which are landed in Northern Ireland from a third country or are the subject of a agreement made under Article 12(6) of the Plant Health Order (Northern Ireland) 2006(7), to be responsible for certain matters.".

5. For Schedule 2, substitute–

Regulation 4(3)

"SCHEDULE 2 IMPORT INSPECTION FEES (REDUCED RATES)

Genus Quantity Country of origin Fee Fee (non-daytime working hours)
Cut flowers
Dianthus Per consignment
– up to 20,000 in number Colombia £0.40 £0.60
Ecuador £1.98 £2.97
Turkey £3.31 £4.96
Israel £4.63 £6.95
– for each additional 1,000 units or part thereof Colombia £0.003 £0.004
Ecuador £0.01 £0.02
Turkey £0.02 £0.03
Israel £0.03 £0.05
– maximum price Colombia £3.17 £4.75
Ecuador £15.88 £23.83
Turkey £26.48 £39.72
Israel £37.07 £55.60
Rosa Per consignment
– up to 20,000 in number Ecuador £0.40 £0.60
Colombia, Ethiopia, Kenya £0.66 £0.99
Uganda, Zambia £1.32 £1.98
Tanzania £1.98 £2.97
India, Zimbabwe £6.62 £9.93
– for each additional 1,000 units or part thereof Ecuador £0.003 £0.004
Colombia, Ethiopia, Kenya £0.005 £0.007
Uganda, Zambia £0.01 £0.015
Tanzania £0.01 £0.02
India, Zimbabwe £0.05 £0.07
– maximum price Ecuador £3.17 £4.75
Colombia, Ethiopia, Kenya £5.29 £7.94
Uganda, Zambia £10.59 £15.89
Tanzania £15.88 £23.83
India, Zimbabwe £52.96 £79.44
Fruit
Malus Per consignment
Chile £0.93 £1.39
– up to 25,000 kg in weight New Zealand, South Africa £1.32 £1.98
Argentina £1.98 £2.97
Brazil, USA £3.31 £4.96
China £4.63 £6.95
– for each additional 1,000 kg or part thereof Chile £0.03 £0.05
New Zealand, South Africa £0.05 £0.07
Argentina £0.07 £0.11
Brazil, USA £0.13 £0.19
China £0.18 £0.27
Mangifera Per consignment
– up to 25,000 kg in weight Brazil £0.66 £0.99
Peru £6.62 £9.93
– for each additional 1,000 kg or part thereof Brazil £0.02 £0.03
Peru £0.26 £0.39
Prunus Per consignment
– up to 25,000 kg in weight South Africa, Turney £1.32 £1.98
Chile £1.98 £2.97
Argentina £3.31 £4.96
USA £6.62 £9.93
– for each additional 1,000 kg or part thereof South Africa, Turkey £0.05 £0.07
Chile £0.07 £0.11
Argentina £0.13 £0.19
USA £0.26 £0.39
Pyrus Per consignment
– up to 25,000 kg in weight South Africa £1.98 £2.97
Argentina £3.31 £4.96
Chile £4.63 £6.95
China £6.62 £9.93
– for each additional 1,000 kg or part thereof South Africa £0.07 £0.11
Argentina £0.13 £0.19
Chile £0.18 £0.27
China £0.26 £0.39
Citrus Per consignment
– up to 25,000 kg in weight Morocco, Turkey £0.66 £0.99
USA £1.32 £1.98
Uruguay £1.98 £2.97
Egypt, Israel, Mexico, Peru £3.31 £4.96
– for each additional 1,000 kg or part thereof Morocco, Turkey £0.02 £0.03
USA £0.05 £0.07
Uruguay £0.07 £0.11
Egypt, Israel, Mexico, Peru £0.13 £0.19
Momordica Per consignment
– up to 25,000 kg in weight Suriname £6.62 £9.93
– for each additional 1,000 kg or part thereof Suriname £0.26 £0.39
Passiflora Per consignment
– up to 25,000 kg in weight Kenya £1.32 £1.98
Colombia £1.98 £2.97
Zimbabwe £4.63 £6.95
South Africa £6.62 £9.93
– for each additional 1,000 kg or part thereof Kenya £0.05 £0.07
Colombia £0.07 £0.11
Zimbabwe £0.18 £0.27
South Africa £0.26 £0.39
Vegetables
Solanum melongena Per consignment
– up to 25,000 kg in weight Turkey £3.31 £4.96
– for each additional 1,000 kg or part thereof Turkey £0.13 £0.19

Where the total amount of any fee comprises an amount of less than £0.01, that amount shall be excluded.".

Sealed with the Official Seal of the Department of Agriculture and Rural Development on 18th February 2008.

Legal seal

John Speers

A senior officer of the Department of Agriculture and Rural Development

The Department of Finance and Personnel consents to the foregoing Regulations.

Sealed with the Official Seal of the Department of Finance and Personnel on 18th February 2008.

Legal seal

Jack Layberry

A senior officer of the Department of Finance and Personnel

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Plant Health (Import Inspection Fees) Regulations (Northern Ireland) 2005 (S.R. 2005/373) ("the principal Regulations"). The principal Regulations implement Article 13d of Council Directive 2000/29/EC (OJ No. L169, 10.7.00, P.1) as amended by Council Directive 2002/89/EC (O.J. No. L355, 30.12.02, P.45-60), which requires Member States to charge fees to cover the costs occasioned by the documentary checks, identity checks and plant health checks of certain imports of plants, plant products and other objects from third countries. These minimum fees are revised annually by the EC.

These Regulations: (a) extend the application of the principal Regulations to consignments consisting of EU transit goods in respect of which the Department has agreed with the official body of point of entry for those goods, in accordance with the Plant Health Order (Northern Ireland) 2006 (S.R. 2006/82), to be responsible for certain matters, which was omitted from the original Regulations; and (b) substitute a new Schedule 2 to the principal Regulations, to give effect to the latest annual EC agreement in respect of reduced rate fees. (Schedule 2 to the principal Regulations includes provision for reduced rates for certain plants and plant products agreed under the procedure provided for in Articles 13d(2) and 18(2) of the Directive).

(1)

Initial fee per consignment for cut flowers (up to 20,000 in number) and fruit and vegetables (up to 25,000 kg in weight). Corresponding fees are set in the Regulations for additional quantities, maximum price per consignment and non-daytime working hours.

(2)

Consignments subject to an inspection rate of 100% are excluded from the reduced rate inspection scheme and are subject to the import inspection fees specified in Schedule 1 to the principal Regulations.

Genus Country of origin Previous rate of inspection Initial fee(1)

New

rate of inspection

Initial fee, specified in Schedule 2
Cut Flowers
Aster Zimbabwe 50% £6.62 100%(2) -
Dianthus Israel 25% £3.31 35% £4.63
Dianthus Morocco 50% £6.62 100% -
Rosa Ecuador 5% £0.66 3% £0.40
Rosa Ethiopia 25% £3.31 5% £0.66
Rosa Israel 10% £1.32 100% -
Rosa Kenya 1% £0.13 5% £0.66
Rosa Tanzania 25% £3.31 15% £1.98
Rosa Uganda 5% £0.66 10% £1.32
Rosa Zimbabwe 25% £3.31 50% £6.62
Fruit
Fortunella Israel 50% £6.62 100% -
Fortunella South Africa 75% £9.93 100% -
Malus USA 15% £1.98 25% £3.31
Mangifera Brazil 10% £1.32 5% £0.66
Passiflora South Africa 75% £9.93 50% £6.62
Prunus Argentina 15% £1.98 25% £3.31
Prunus Chile 10% £1.32 15% £1.98
Prunus Turkey 15% £1.98 10% £1.32
Prunus USA 35% £4.63 50% £6.62
Pyrus Argentina 15% £1.98 25% £3.31
Pyrus Chile 25% £3.31 35% £4.63
Pyrus South Africa 10% £1.32 15% £1.98
Citrus Israel 15% £1.98 25% £3.31
Citrus Peru 75% £9.93 25% £3.31
Citrus Turkey 15% £1.98 5% £0.66
Citrus USA 15% £1.98 10% £1.32
Citrus Zimbabwe 75% £9.93 100% -
Vegetables
Solanum melongena Turkey 75% £9.93 25% £3.31
(1)

Formerly the Department of Agriculture for Northern Ireland; see S.I. 1999/283 (N.I.1), Art. 3(4). Back [1]

(3)

1973 c. 51 Back [3]

(4)

S.I. 2000/2812. Back [4]

(5)

S.R. 2005/373, amended by S.R. 2007/21 and S.R. 2007/252 Back [5]

(6)

1954 c. 33 (N.I.) Back [6]

(7)

S.R. 2006/82 Back [7]



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