Citation and commencement

1.  These Regulations may be cited as the Plant Health (Fees) (England) (Amendment) Regulations 2015 and come into force on 1st January 2016.

Amendment of the Plant Health (Fees) (England) Regulations 2014

2.  The Plant Health (Fees) (England) Regulations 2014(2) are amended as follows.

Substitution of regulation 3

3.  For regulation 3 (seed potatoes: fees), substitute-

"Seed potatoes: fees

3.-(1) The fees specified in Schedule 4 are payable in respect of the functions specified in column 1 of the table in that Schedule which relate to an application for either of the following-

(a)the certification of seed potatoes in accordance with regulation 10 of the Seed Potatoes (England) Regulations 2015(3);

(b)an authorisation, including a renewal of authorisation, to market seed potatoes in accordance with regulation 11 of those Regulations.

(2) The fee payable in respect of a function specified in column 1 of the table in Schedule 4 is subject to any minimum fee specified in respect of that function in column 3 of that table.

(3) The fee in respect of a function specified in Schedule 4 must be paid to the Secretary of State or to any person who is authorised by the Secretary of State to carry out that function under the Seed Potatoes (England) Regulations 2015 on behalf of the Secretary of State.".

Substitution of Schedule 2

4.  For Schedule 2 (import inspection fees: reduced rates)(4), substitute-

Regulation 2(2)(a)(ii) and (3)(b)

"SCHEDULE 2Import Inspection Fees: Reduced Rates

Amendment of Schedule 4

5.  In Schedule 4 (seed potatoes: fees), in column 1 of the table-

(a)for "super elite 1, super elite 2 or super elite 3" substitute "grade S";

(b)for "elite 1, elite 2 or elite 3" substitute "grade SE";

(c)for "A" substitute "grade E".

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Plant Health (Fees) (England) Regulations 2014 (S.I. 2014/601) ("the principal Regulations").

Regulation 3 of the principal Regulations provides for the payment of fees in relation to certain statutory functions arising under the Seed Potatoes (England) Regulations 2006 (S.I. 2006/1161). The Seed Potatoes (England) Regulations 2006 have been replaced by the Seed Potatoes (England) Regulations 2015 (S.I. 2015/1953). These Regulations make minor amendments to regulation 3 of, and Schedule 4 to, the principal Regulations to reflect certain changes in terminology and other changes made by the Seed Potatoes (England) Regulations 2015. The fees which are payable under regulation 3 of the principal Regulations remain unchanged.

Schedule 2 to the principal Regulations ("Schedule 2") sets out reduced rate fees for certain plants and plant products which are subject to reduced levels of plant health checks agreed under the procedure provided for in Articles 13a(2) and 18(2) of 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 (OJ No 169, 10.7.2000, p1). Regulation 4 of these Regulations amends Schedule 2 to give effect to the latest notification published by the European Commission of the reduced plant health checks which are applicable to certain plants and plant products.

The inspection rates in respect of the following commodities referred to in Schedule 2 have increased, with matching increases in fees: Dianthus from Kenya (from 5% to 10%), Passiflora from Kenya (from 10% to 15%), Prunus from Argentina (from 50% to 75%), Prunus from the USA (from 10% to 50%) and Pyrus from China (from 50% to 75%).

Fruit of Citrus from Uganda and Psidium from Brazil are no longer eligible for reduced rate fees since these commodities are subject to an inspection rate of 100%. Accordingly, the relevant entries are removed from Schedule 2 and the fees in Schedule 1 to the principal Regulations are applied to these consignments.

The inspection rates in respect of the following commodities referred to in Schedule 2 have decreased, with matching decreases in fees: Rosa from Ethiopia (from 10% to 5%), Citrus from Tunisia (from 75% to 50%), Capsicum from Morocco (from 10% to 5%) and Momordica from Surinam (from 35% to 25%).

A full impact assessment has not been produced for this instrument as no impact, or no significant, impact on the private, voluntary or public sector is foreseen.