Title, application and commencement

1. These Regulations-�

(a)may be cited as the Plant Health (Import Inspection Fees) (England) Regulations 2010;

(b)apply in relation to England; and

(c)come into force on 1st December 2010.

Interpretation

2.-�(1) In these Regulations-�

-�daytime working hours-� means any time between the hours of 8.30 am to 5.00 pm on any day except a Saturday, Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971(2) in England; and

-�the Directive-� means Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community(3).

(2) Terms used in these Regulations which are also used in the Directive have the same meaning as they have in the Directive.

Consignments to which these Regulations apply

3. These Regulations apply in relation to consignments of-�

(a)plants, plant products and other objects of a description specified in column 1 of Schedule 1 that are listed in Annex V, Part B of the Directive, and

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

that are introduced into England from a country or territory other than one within the European Union or are the subject of an agreement made under article 12(6) of the Plant Health (England) Order 2005(4).

Fees

4.-�(1) An importer must pay to the Secretary of State upon import of a consignment to which these Regulations apply-�

(a)the fee specified-�

(i)in column 3 of Schedule 1 in respect of a consignment of a plant, plant product or other object listed in column 1 of that Schedule, other than a consignment of a plant or plant product to which sub-paragraph (a)(ii) applies; or

(ii)in column 4 of Schedule 2 in respect of a consignment of a plant or plant product listed in column 1 of that Schedule and originating from a country listed in column 3 of that Schedule; and

(b)the fees specified in column 3 of Schedule 3 for a documentary check and an identity check.

(2) But where, at the request of an importer or any other person responsible for the consignment, a plant health check is carried out on a consignment outside daytime working hours, the fee payable under paragraph (1)(a) in respect of that consignment is-�

(a)the fee specified in column 4 of Schedule 1 if the consignment is a consignment to which paragraph (1)(a)(i) applies; or

(b)the fee specified in column 5 of Schedule 2 if the consignment is a consignment to which paragraph (1)(a)(ii) applies.

Revocations

5. The following Regulations are revoked-�

(a)the Plant Health (Import Inspection Fees) (England) Regulations 2006(5);

(b)the Plant Health (Import Inspection Fees) (England) (Amendment) Regulations 2007(6);

(c)the Plant Health (Import Inspection Fees) (England) (Amendment) (No 2) Regulations 2007(7);

(d)the Plant Health (Import Inspection Fees) (England) (Amendment) Regulations 2008(8);

(e)the Plant Health (Import Inspection Fees) (England) (Amendment) Regulations 2009(9).

Regulation 4(1)(a)(i) and (2)(a)

SCHEDULE 1Import Inspection Fees

Regulation 4(1)(a)(ii) and (2)(b)

SCHEDULE 2Import Inspection Fees (Reduced Rates)

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

Regulation 4(1)(b)

SCHEDULE 3Import Inspection Fees for Documentary Checks and Identity Checks

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations revoke and remake the Plant Health (Import Inspection Fees) (England) Regulations 2006 (S.I. 2006/1879).

These Regulations implement Article 13d of Council Directive 2000/29/EC (OJ 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 set out in Annex V, Part B of the Directive. Regulation 3 describes the consignments to which these Regulations apply.

An importer is required to pay to the Secretary of State, upon import of a consignment to which these Regulations apply, the fee for the plant health check in Schedule 1 or the reduced rate fee for the plant health check in Schedule 2 (regulation 4(1)(a)). Schedule 2 includes reduced rate fees due to come into effect on 1st January 2011. Higher fees are payable where checks are carried out outside daytime working hours. In addition, an importer is required to pay the fees specified in Schedule 3 for documentary and identity checks (regulation 4(1)(b)).

The changes to the fees made by these Regulations and a Transposition Note showing the implementation of the relevant provisions of the Directive are available in the Explanatory Memorandum which is available alongside the instrument on the OPSI website.

It is foreseen that these Regulations will have an impact on the private or voluntary sectors, but a full impact assessment has not been produced as the effect of the Regulations is to change the level of fees to bring them into line with standard fees specified in or agreed in accordance with the Directive.