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Statutory Rules of Northern Ireland |
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You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Plant Health (Import Inspection Fees) (Amendment) Regulations (Northern Ireland) 2011 No. 384 URL: http://www.bailii.org/nie/legis/num_reg/2011/nisr_2011384_en_1.html |
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Statutory Rules of Northern Ireland
Plant Health
Made
28th October 2011
Coming into operation
1st January 2012
The Department of Agriculture and Rural Development, makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972(1) and section 56(1), (2) and (5) of the Finance Act 1973(2), with the consent of the Department of Finance and Personnel(3).
The Department of Agriculture and Rural Development is designated(4) for the purposes of the said section 2(2) in relation to the Common Agricultural Policy of the European Community.
1.-(1) These Regulations may be cited as the Plant Health (Import Inspection Fees) (Amendment) Regulations (Northern Ireland) 2011 and shall come into operation on 1 January 2012.
(2) The Interpretation Act (Northern Ireland) 1954(5) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.
2.-(1) The Plant Health (Import Inspection Fees) Regulations (Northern Ireland) 2005(6) shall be amended as follows.
(2) For Schedule 1 there shall be substituted the Schedule set out in schedule 1 to these Regulations.
(3) For Schedule 2 there shall be substituted the Schedule set out in schedule 2 to these Regulations.
(4) For Schedule 3 there shall be substituted the Schedule set out in schedule 3 to these Regulations.
Sealed with the Official Seal of the Department of Agriculture and Rural Development on 28th
October 2011
Norman Fulton
A senior officer of the Department of Agriculture and Rural Development
The Department of Finance and Personnel hereby consents to the foregoing Regulations
Sealed with the Official Seal of the Department of Finance and Personnel on 28th October 2011
Michael Daly
A senior officer of the
Department of Finance and Personnel
regulation 2
regulation 3 and 4 (2)
| Column 1 | Column 2 | Column 3 | Column 4 |
|---|---|---|---|
| Plant, plant product or other object | Quantity | Fee (daytime working hours) | Fee (non-daytime working hours) |
| Cuttings, seedlings (except forestry reproductive material), young plants of strawberries or of vegetables | Per consignment | ||
| - up to 10,000 in number | £15.28 | £22.92 | |
| - for each additional 1,000 units, or part thereof | £0.61 Up to a maximum of £122.24 | £0.92 Up to a maximum of £183.36 | |
| Shrubs, trees (other than cut Christmas trees), other woody nursery plants including forest reproductive material (other than seed) | Per consignment | ||
| - up to 1,000 in number | £15.28 | £22.92 | |
| - for each additional 100 units, or part thereof | £0.38 Up to a maximum of £122.24 | £0.57 Up to a maximum of £183.36 | |
| Bulbs, corms, rhizomes, tubers, intended for planting (other than tubers of potatoes) | Per consignment | ||
| - up to 200 kg in weight | £15.28 | £22.92 | |
| - for each additional 10 kg, or part thereof | £0.14 Up to a maximum of £122.24 | £0.21 Up to a maximum of £183.36 | |
| Seeds, tissue cultures | Per consignment | ||
| - up to 100 kg in weight | £6.55 | £9.83 | |
| - for each additional 10 kg, or part thereof | £0.15 Up to a maximum of £122.24 | £0.23 Up to a maximum of £183.36 | |
Other plants intended for planting, not specified elsewhere in this Schedule | Per consignment | ||
| - up to 5,000 in number | £15.28 | £22.92 | |
| - for each additional 100 units, or part thereof | £0.16 Up to a maximum of £122.24 | £0.24 Up to a maximum of £183.36 | |
| Cut flowers | Per consignment | ||
| - up to 20,000 in number | £15.28 | £22.92 | |
| - for each additional 1,000 units, or part thereof | £0.12 Up to a maximum of £122.24 | £0.18 Up to a maximum of £183.36 | |
| Branches with foliage, parts of conifers (other than cut Christmas trees) | Per consignment | ||
| - up to 100 kg in weight | £15.28 | £22.92 | |
| - for each additional 100 kg, or part thereof | £1.53 Up to a maximum of £122.24 | £2.30 Up to a maximum of £183.36 | |
| Cut Christmas trees | Per consignment | ||
| - up to 1,000 in number | £15.28 | £22.92 | |
| - for each additional 100 units, or part thereof | £1.53 Up to a maximum of £122.24 | £2.30 Up to a maximum of £183.36 | |
| Leaves of plants, such as herbs, spices and leafy vegetables | Per consignment | ||
| - up to 100 kg in weight | £15.28 | £22.92 | |
| - for each additional 10 kg, or part thereof | £1.53 Up to a maximum of £122.24 | £2.30 Up to a maximum of £183.36 | |
| Fruits, vegetables (other than leafy vegetables) | Per consignment | ||
| - up to 25,000 kg in weight | £15.28 | £22.92 | |
| - for each additional 1,000 kg, or part thereof | £0.61 | £0.92 | |
| Tubers of potatoes | Per lot | ||
| - up to 25,000 kg in weight | £45.84 | £68.76 | |
| - for each additional 25,000 kg, or part thereof | £45.84 | £68.76 | |
Soil and growing medium | Per consignment | ||
| - up to 25,000 kg in weight | £15.28 | £22.92 | |
| - for each additional 1,000 kg, or part thereof | £0.61 Up to a maximum of £122.24 | £0.92 Up to a maximum of £183.36 | |
Grain | Per consignment | ||
| - up to 25,000 kg in weight | £15.28 | £22.92 | |
| - for each additional 1,000 kg, or part thereof | £0.61 Up to a maximum of £611.21 | £0.92 Up to a maximum of £916.82 | |
| Other plants or plant products not specified elsewhere in this Schedule | Per consignment | £15.28 | £22.92" |
regulation 2
regulation 4(3)
| Column 1 | Column 2 | Column 3 | Column 4 | Column 5 |
|---|---|---|---|---|
| Genus | Quantity | Country of origin | Fee (daytime working hours) | Fee (non-daytime working hours) |
| Cut flowers | ||||
| Dianthus | Per consignment | |||
| - up to 20,000 in number | ||||
| Ecuador | £1.53 | £2.29 | ||
| - for each additional 1,000 units, or part thereof | ||||
| Ecuador | £0.01 Up to a maximum of £12.22 | £0.02 Up to a maximum of £18.34 | ||
| Fruit | ||||
| Citrus | Per consignment | |||
| - up to 25,000 kg in weight | Honduras | £15.28 | £22.92 | |
| Israel | £1.53 | £2.29 | ||
| Mexico | £2.29 | £3.44 | ||
| Peru | £3.82 | £5.73 | ||
| - for each additional 1,000 kg, or part thereof | Honduras | £0.61 | £0.92 | |
| Israel | £0.06 | £0.09 | ||
| Mexico | £0.09 | £0.14 | ||
| Peru | £0.15 | £0.23 | ||
Malus | Per consignment | |||
| - up to 25,000 kg in weight | Chile | £0.76 | £1.14 | |
| China | £7.64 | £11.46 | ||
| South Africa | £0.76 | £1.14 | ||
| - for each additional 1,000 kg, or part thereof | Chile | £0.03 | £0.05 | |
| China | £0.31 | £0.46 | ||
| South Africa | £0.03 | £0.05 | ||
Mangifera | Per consignment | |||
| - up to 25,000 kg in weight | Brazil | £15.28 | £22.92 | |
| - for each additional 1,000 kg, or part thereof | Brazil | £0.61 | £0.92 | |
| Prunus | Per consignment | |||
| - up to 25,000 kg in weight | USA | £1.53 | £2.29 | |
| - for each additional 1,000 kg, or part thereof | USA | £0.06 | £0.09 | |
| Pyrus | Per consignment | |||
| - up to 25,000 kg in weight | ||||
| Argentina | £1.53 | £2.29 | ||
| Chile | £3.82 | £5.73 | ||
| - for each additional 1,000 kg, or part thereof | ||||
| Argentina | £0.06 | £0.09 | ||
| Chile | £0.15 | £0.23 | ||
Where the total amount of any fee comprises an amount less that £0.01, that amount shall be excluded."
regulation 2
regulation 4(4)
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Check | Quantity | Fee |
| Documentary check | Per consignment | £6.11 |
| Identity check | Per consignment | |
| - up to a size of a truck load, a railway wagon load or the load of a container of comparable size | £6.11 | |
| - bigger than the above size | £12.22" |
(This note is not part of the Regulations)
These Regulations amend the Plant Health (Import Inspection Fees) (Northern Ireland) Regulations 2005 (S.R. 2005/373) ("the principal Regulations"). The principal Regulations implement Article 13d of Council Directive 2000/29/EC (O.J. No. L 169, 10.7.2000, p1) ("the Directive") which requires Member States to charge fees to cover the costs of documentary, identity and plant health checks of certain imports of plants, plant products and other objects from third countries.
The Directive contains a procedure (Articles 13a(2), 13d(2) and 18(2)) for setting reduced rates of inspection for imports of certain plants and plant products and for charging fees at a proportionately reduced rate.
These Regulations substitute Schedules 1, 2 and 3 of the principal Regulations to increase the fees set out in those Schedules. Schedule 1 of the principal Regulations sets out the import inspection fees for plant health checks. Schedule 2 of the principal Regulations sets out the reduced import inspection fees for plant health checks and Schedule 3 sets out the import inspection fees for documentary checks and identity checks.
The changes to the fees made by these Regulations, which are set at a proportion of the standard fee (described in Schedule 1 to the principal Regulations) corresponding to the rate of inspection, are based on the agreed inspection rates set out below:
(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. | |||||
(3) New rates apply from 1st January 2012. | |||||
| Genus | Country of origin | Previous rate of inspection | Initial fee(1) | New rate of inspection | Initial fee, specified in Schedule 2 |
| Cut Flowers | |||||
| Dianthus | Ecuador | 15% | £1.98 | 10% | £1.53 |
| Rosa | Israel | 100% | - | 100%(2) (3) | - |
| Fruit | |||||
| Malus | Chile | 7% | £0.93 | 5% | £0.76 |
| Malus | China | 25% | £3.31 | 50% | £7.64 |
| Malus | South Africa | 10% | £1.32 | 5% | £0.16 |
| Mangifera | Brazil | 50% | £6.62 | 100% | £15.28 |
| Mangifera | Peru | 100% | - | 100%(2) (3) | - |
| Prunus | USA | 25% | £3.31 | 10% | £1.53 |
| Pyrus | Argentina | 15% | £1.98 | 10% | £1.53 |
| Pyrus | Chile | 35% | £4.63 | 25% | £3.82 |
| Citrus | Honduras | 75% | £9.93 | 100% | £15.28 |
| Citrus | Israel | 15% | £1.98 | 10% | £1.53 |
| Citrus | Mexico | 25% | £3.31 | 15% | £2.29 |
| Citrus | Peru | 35% | £4.63 | 25% | £3.82 |
The Department of Finance was renamed the Department of Finance and Personnel by Article 3 of the Departments Northern Ireland Order 1982 (S.I. 1982/338) (N.I.6) which was repealed by Article 9(2) and Schedule 3 to the Departments Northern Ireland) Order 1999 (S.I.1999/283) (N.I.1)
1954 c.33 (N.I.)
S.R. 2005 No. 373 as amended by S.R.2007 No. 21, S.R. 2007 No. 252, S.R. 2008 No. 60, S.R. 2009 No. 134, S.R. 2009 No. 423 and S.R. 2010 No. 384
