Title, application and commencement

1.  The title of these Regulations is the Plant Health (Fees) (Wales) (Amendment) Regulations 2015. They apply in relation to Wales and come into force on 9 April 2015.

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

2.  The Plant Health (Fees) (Wales) Regulations 2014(3) are amended as follows.

Regulation 2(3)

3.  For paragraph (3) of regulation 2 (import inspection fees), substitute-

"(3) But where an importer or any other person responsible for a consignment requests that the plant health check in respect of the consignment be carried out outside daytime working hours and the whole of the plant health check is carried out on the consignment outside daytime working hours, the fee payable under paragraph (2)(a) in respect of the consignment is-

(a)the fee specified in column 4 of Schedule 1 to the extent (if any) that the consignment is a consignment to which paragraph (2)(a)(i) applies; or

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

Schedule 2

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

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

"SCHEDULE 2Import Inspection Fees: Reduced Rates

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Plant Health (Fees) (Wales) Regulations 2014 (S.I. 2014/1792 (W. 185)) ("the principal Regulations").

The principal Regulations implement Article 13d 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 L 169, 10.7.2000, p. 1) ("the Directive"). Article 13d of the Directive 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 amends regulation 2(3) of the principal Regulations to clarify the fees that are payable in respect of plant health checks which are carried out on consignments (or parts of consignments) outside daytime working hours.

Schedule 2 to the principal Regulations 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 the Directive. Regulation 4 of these Regulations amends Schedule 2 to give effect to the notification published by the European Commission on 30 September 2014 of the reduced levels of plant health checks which are applicable to certain plants and plant products.

The inspection rates for Citrus from Tunisia and Uruguay have increased (from 25% to 75% and 15% to 75% respectively) with matching increases in fees.

Fruit of Mangifera from Brazil are no longer eligible for reduced rate fees since this commodity is subject to an inspection rate of 100%. Accordingly, the relevant entry is removed from Schedule 2 and the fees in Schedule 1 to the principal Regulations are applied to these consignments.

The inspection rates for the following have decreased with matching decreases in fees: Rosa from Zambia (from 25% to 15%), Citrus from Mexico and Peru (from 15% to 10%), Prunus from Turkey and the USA (15% to 10%), Psidium from Brazil (from 100% to 75%) and Pyrus from Chile (from 25% to 15%).

Fruit of Capsicum from Morocco are eligible for a reduced rate fee corresponding to its inspection rate of 10%. The reduced rate fee for this commodity is added to Schedule 2.

The Welsh Ministers' Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.