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The Seeds (Fees) (Amendment) (Wales) (No. 2) Regulations 2002
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Welsh Statutory Instruments
2002 No. 1870 (W.183)
SEEDS, WALES
The Seeds (Fees) (Amendment) (Wales) (No. 2) Regulations 2002
Made
18th July 2002
Coming into force
23rd July 2002
The National Assembly for Wales, acting in relation to Wales, in exercise of the powers conferred by sections 16(1) and (1A)(e) and 36 of the Plant Varieties and Seeds Act 1964(1), after consultation in accordance with the said section 16(1) with representatives of such interests as appear to it to be concerned, hereby makes the following Regulations:
Title, extent and commencement
1. These Regulations may be cited as the Seeds (Fees) (Amendment) (Wales) (No. 2) Regulations 2002, shall extend to Wales and shall come into force on 23rd July 2002.
Amendment
2. For Schedules 1 to 6 to the Seeds (Fees) Regulations 1985(2) there shall be substituted the Schedules set out in the Schedule to these Regulations.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(3)
John Marek
The Deputy Presiding Officer of the National Assembly
18th July 2002
Regulation 2
SCHEDULEPROVISIONS TO BE SUBSTITUTED FOR THE SCHEDULES TO THE SEEDS (FEES) REGULATIONS 1985
Regulation 3
“SCHEDULE 1MATTERS ARISING UNDER THE CEREAL SEEDS REGULATIONS 1993(4)
| (1) | (2) | (3) | |
|---|---|---|---|
| Matter | When payable | Fee | Old fee |
| £ | £(5) | ||
| A. Initial fees | |||
| Initial fee per hectare or part thereof for crops intended to produce: | On application for registration | ||
(i)pre-basic or basic seed | 27.15 | (25.85) | |
(ii)certified seed of the first generation of wheat, durum wheat, spelt wheat, barley, triticale and oats or certified seed of rye and maize | 6.85 | (6.50) | |
(iii) certified seed of the second generation of wheat, durum wheat, spelt wheat, barley and oats | 6.10 | (5.80) | |
| B. Crop inspection fees | |||
| Fee for official examination or re-examination of crops intended to produce pre-basic or basic seed, per hectare or part thereof examined. | On application | 13.55 | (12.90) |
| Fee for official examination or re-examination of crops produced from seed of a variety entered for but not added to the National List (or to the equivalent list in another Member State) intended to produce certified seed, certified seed of the first generation or certified seed of the second generation, per hectare or part thereof examined. | On application | 13.55 | (12.90) |
| C. Seed lot fee | |||
| Fee for the issue of an official certificate (other than in the circumstances described under F. below) in respect of a seed lot entered as:— | On application | ||
(i)breeder's, pre-basic or basic seed, certified seed of the first generation of wheat, durum wheat, spelt wheat, barley, triticale, oats or certified seed of rye and maize | 44.85 | (42.70) | |
(ii)certified seed of the second generation of wheat, durum wheat, spelt wheat, barley and oats | 22.35 | (21.30) | |
| D. Seed testing fees | |||
| Fee for an official examination of seed for loose smut infection of wheat, durum wheat, spelt wheat and barley (per thousand embryos examined) | Within one month of demand by or on behalf of the appropriate Minister | 39.40 | (37.50) |
| E. Fees for additional tests | |||
| Fee for a Tetrazolium seed viability test in C1 Winter Wheat and C1 Winter Barley | Within one month of demand by or on behalf of the appropriate Minister | 46.20 | (44.00) |
| F. Seed lot re-entry fee | |||
| Fee for the issue of an official certificate in respect of a seed lot which was entered for one category and has been withdrawn and is being re-entered as:— | On application | ||
(i)pre-basic or basic seed, certified seed of the first generation of wheat, durum wheat, spelt wheat, barley, triticale and oats or certified seed of rye and maize | 31.35 | (29.85) | |
(ii)certified seed of the second generation of wheat, durum wheat, spelt wheat, barley and oats | 15.65 | (14.90) | |
Regulation 3
SCHEDULE 2MATTERS ARISING UNDER THE FODDER PLANT SEEDS REGULATIONS 1993(6)
| (1) | (2) | (3) | |
|---|---|---|---|
| Matter | When payable | Fee | Old fee |
| £ | £(7) | ||
| A. Initial fees | |||
| Initial fee per hectare or part thereof for crops intended to produce: | On application for registration | ||
(i)pre-basic or basic seed of— | |||
(a)grasses, legumes (except field beans and field peas) and crucifers | 20.40 | (19.45) | |
(b)field beans and field peas | 17.65 | (16.80) | |
(ii)certified seed of grasses, legumes (except field beans, field peas, white lupin, narrow-leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch and lucerne) and crucifers | 9.55 | (9.10) | |
(iii)certified seed of the first and second generation of field beans and field peas | 8.15 | (7.75) | |
(iv)certified seed of the first generation of white lupin, narrow-leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch and lucerne | 9.55 | (9.10) | |
| B. Crop inspection fee | |||
| Fee for official examination or re-examination of crops intended to produce pre-basic or basic seed, per hectare or part thereof examined (including crops of hybrid swede rape and hybrid turnip rape). | On application | 13.55 | (12.90) |
| Fee for official examination or re-examination of crops produced from seed of a variety entered for but not added to the National List (or to the equivalent list in another Member State) intended to produce certified seed of grasses, legumes, (except field beans, field peas, white lupin, narrow-leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch and lucerne) and crucifers or certified seed of the first generation and certified seed of the second generation of field beans and field peas or certified seed of the first generation of white lupin, narrow-leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch and lucerne per hectare or part thereof examined. | On application | 13.55 | (12.90) |
| C. Seed lot fee | |||
| Fee for the issue of an official certificate (other than in the circumstances described under D. below) in respect of a seed lot entered as:— | On application | ||
(i)breeder’s seed of— | |||
(a)grasses, legumes (except field beans and field peas) and crucifers | 36.70 | (34.95) | |
(b)field beans and field peas | 59.75 | (56.20) | |
(ii)pre-basic or basic seed of— | |||
(a)grasses, legumes (except field beans and field peas) and crucifers | 69.30 | (66.00) | |
(b)field beans and field peas | 59.75 | (56.90) | |
(iii)certified seed of grasses, legumes (except field beans, field peas, white lupin, narrow-leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch and lucerne) and crucifers | 69.30 | (66.00) | |
(iv) certified seed of the first and second generation of field beans and field peas | 55.70 | (53.05) | |
(ivA)certified seed of the first generation of white lupin, narrow-leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch and lucerne | 69.30 | (66.00) | |
(v)commercial seed of the kinds for the time being specified in regulation 3(3) of the Fodder Plant Seeds Regulations 1993 | 61.10 | (58.20) | |
| D. Seed lot re-entry fee | |||
| Fee for the issue of an official certificate in respect of a seed lot which was entered for one category and has been withdrawn and is being re-entered as:— | On application | ||
(i)pre-basic or basic seed of— | |||
(a)grasses, legumes (except field beans and field peas) and crucifers | 48.50 | ||
(b)field beans and peas | |||
(ii)certified seed of grasses, legumes (except field beans, field peas, white lupin, narrow-leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch and lucerne) and crucifers | 41.85 48.50 | ||
(iii)certified seed of the first and second generation of field beans and peas | 42.80 | (40.75) | |
(iiiA)certified seed of the first generation of white lupin, narrow-leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch and lucerne | |||
(iv)commercial seed of the kinds for the time being specified in regulation 3(3) of the Fodder Plant Seeds Regulations 1993 | |||
Regulation 3
SCHEDULE 3MATTERS ARISING UNDER THE OIL AND FIBRE PLANT SEEDS REGULATIONS 1993(8)
| (1) | (2) | (3) | |
|---|---|---|---|
| Matter | When payable | Fee £ | Old fee |
| £(9) | |||
| A. Initial fees | |||
| Initial fee per hectare or part thereof for crops intended to produce: | On application for registration | ||
(i)pre-basic or basic seed | 29.95 | (28.50) | |
(ii)all other categories of seed | 14.30 | (13.60) | |
| B. Crop inspection fees | |||
| Fee for official examination or re-examination of crops intended to produce pre-basic or basic seed, per hectare or part thereof examined. | On application | 13.55 | (12.90) |
| Fee for official examination or re-examination of crops produced from seed of a variety entered for but not added to the National List (or to the equivalent list in another Member State) intended to produce certified seed, certified seed of the first generation, certified seed of the second generation or certified seed of the third generation, per hectare or part thereof examined. | On application | 13.55 | (12.90) |
| C. Seed lot fee | |||
| Fee for the issue of an official certificate (other than in the circumstances described under E. below) in respect of a seed lot entered as:— | On application | ||
(i)breeder’s pre-basic or basic seed | 54.35 | (51.75) | |
(ii)all other categories of seed | 54.35 | (51.75) | |
| D. Seed testing fees | |||
| Fees for an official examination of seed for:— | Within one month of demand by or on behalf of the appropriate Minister | ||
(i)sunflower for Botrytis spp | 46.15 | (43.95) | |
(ii)flax and linseed for:— | |||
(a)Alternaria spp | |||
(b)Phoma exiqua var. linicola | |||
(c)Colletotrichum lini | |||
(d)Fusarium spp | |||
(e)Botrytis spp | 37.95 | (36.15) | |
(iii)soya bean for Pseudomonas syringae | |||
| pv. glycinea spp for one sub-sample | 66.15 | (63.00) | |
| test for five sub-sample tests | 220.50 | (210.00) | |
(iv)soya bean for Diaporthe phaselorum spp | 41.35 | (39.40) | |
| E. Seed lot re-entry fee | |||
| Fee for the issue of an official certificate in respect of a seed lot which was entered for one category and has been withdrawn and is being re-entered in any category | On application | 38.05 | (36.25) |
Regulation 3
SCHEDULE 4MATTERS ARISING UNDER THE BEET SEEDS REGULATIONS 1993(10)
| (1) | (2) | (3) | |
|---|---|---|---|
| Matter | When payable | Fee | Old fee |
| £ | £(11) | ||
| A. Initial fees | |||
| Initial fee per hectare or part thereof for crops intended to produce: | On application for registration | ||
(i)pre-basic or basic seed | 35.35 | (33.65) | |
(ii)certified seed | 16.35 | (15.55) | |
| B. Crop inspection fees | |||
| Fee for official examination or re-examination of crops intended to produce pre-basic or basic seed per hectare or part thereof examined. | On application | 13.55 | (12.90) |
| Fee for official examination or re-examination of crops produced from seed of a variety entered for but not added to the National List (or to the equivalent list in another Member State) intended to produce certified seed, per hectare or part thereof examined. | On application | 13.55 | (12.90) |
| C.Seed lot fee | |||
| Fee for the issue of an official certificate (other than in the circumstances described under D. below) in respect of a seed lot entered as:— | On application | ||
(i)pre-basic or basic seed | 66.55 | (63.40) | |
(ii)certified seed | 65.15 | (62.05) | |
| D. Seed lot re-entry fee | |||
| Fee for the issue of an official certificate in respect of a seed lot which was entered for one category and has been withdrawn and is being re-entered as:— | On application | ||
(i)pre-basic or basic seed | 46.60 | (44.40) | |
(ii)certified seed | 45.60 | (43.45) | |
Regulation 3
SCHEDULE 5MATTERS ARISING UNDER THE VEGETABLE SEEDS REGULATIONS 1993(12)
| (1) | (2) | (3) | |
|---|---|---|---|
| Matter | When payable | Fee | Old fee |
| £ | £(13) | ||
| A. Initial fees | |||
| Initial fee for crops intended to produce: | On application for registration | ||
(i)pre-basic or basic seed of— | 47.50 | (45.25) | |
(a)all kinds, except peas, broad beans, cucumber, gherkin and tomato, per hectare or part thereof entered | |||
(b)peas and broad beans per hectare or part thereof entered | 29.95 | (28.50) | |
(c)cucumber, gherkin and tomato, per crop entered | 47.50 | (45.25) | |
(ii)certified seed of— | |||
(a)all kinds, except peas, broad beans, cucumber, gherkin and tomato, per hectare or part thereof entered | 25.75 | (24.50) | |
(b)peas and broad beans per hectare or part thereof entered | 12.25 | (11.65) | |
(c)cucumber, gherkin and tomato, per crop entered | 25.75 | (24.50) | |
| B. Crop inspection fees | |||
| Fee for official examination or re-examination of crops intended to produce: | On application | ||
(i)A(i)(a) or (b) above, per hectare or part thereof examined | 13.55 | (12.90) | |
(ii)A(i)(c) above, per crop examined | 13.55 | (12.90) | |
| Fee for official examination or re-examination of crops produced from seed of a variety entered for but not added to the National List (or to the equivalent list in another Member State) intended to produce: | On application | ||
(i)A(ii)(a) or (b) above, per hectare or part thereof examined | 13.55 | (12.90) | |
(ii)A(ii)(c) above, per crop examined | 13.55 | (12.90) | |
| C. Seed lot fee | |||
| Fee for the issue of an official certificate (other than in the circumstances described under D. below) in respect of a seed lot entered | On application | 108.70 | (103.50) |
| D. Seed lot re-entry fee | |||
| Fee for the issue of an official certificate in respect of a seed lot which was entered for one category and has been withdrawn and is being re-entered in any category | On application | 76.05 | (72.45) |
Regulation 3
SCHEDULE 6MATTERS ARISING UNDER THE SEEDS (REGISTRATION, LICENSING AND ENFORCEMENT) REGULATIONS 1985(14)
| (1) | (2) | (3) | |
|---|---|---|---|
| Matter | When payable | Fee | Old fee |
| £ | £(15) | ||
| A. Representations by, and hearings of, a seed merchant, processor or packer | |||
(i)Fee for making written representations to the National Assembly for Wales | On making representations | 33.95 | (32.35) |
(ii)Fee for being heard by a person appointed by the National Assembly for Wales | On applying to be heard | 67.95 | (64.70) |
| B. Licensed Seed Testing Stations | |||
(i)Annual fee payable during the currency of the licence (or a proportion thereof in respect of a part of a year) | Within one month of demand by the National Assembly for Wales annually in advance | 1,800.00 | (2,135.00) |
(ii)Fee payable by a Licensed Seed Testing Station in respect of an official examination of seed | Within one month of demand by the National Assembly for Wales, annually in arrears | 9.65 | (9.20) |
| C. Examination fees | |||
(i)Examination for crop inspector in respect of
| |||
(a)examination | Before the examination | 157.45 | (149.95) |
(b)re-sit of examination (other than cereals) | Before the examination | 157.45 | (149.95) |
(c)re-sit of either part of cereals examination | Before the examination | 78.70 | (74.95) |
(d)re-test | Before the examination | 78.70 | (74.95) |
(ii)Examination for crop inspector in respect of
| |||
(a)examination | Before the examination | 98.40 | (93.70) |
(b)re-sit of examination | Before the examination | 98.40 | (93.70) |
(c)re-test | Before the examination | 78.70 | (74.95) |
(iii)Examination for seed sampler | Before the examination | 98.40 | (93.70)” |
Explanatory Note
(This note is not part of the Regulations)
These Regulations amend the Seeds (Fees) Regulations 1985 (as amended). They prescribe revised fees in respect of matters arising under the Cereal Seeds Regulations 1993 (as amended), the Fodder Plant Seeds Regulations 1993 (as amended), the Oil and Fibre Plant Seeds Regulations 1993 (as amended), the Beet Seeds Regulations 1993 (as amended), the Vegetable Seeds Regulations 1993 (as amended) and the Seeds (Registration, Licensing and Enforcement) Regulations 1985 (as amended) (regulation 2).
The matters in respect of which the revised fees are prescribed are listed in the Schedule to these Regulations, and the fees which were chargeable before these Regulations came into force are printed in italics beside the revised fees.
All fees have been increased by 5 per cent. rounded to the nearest five pence except in the case of the annual fee for Licensed Seed Testing Stations which has been reduced by £335.
A Regulatory Appraisal has been prepared and copies can be obtained from the National Assembly for Wales, Cathays Park, Cardiff CF10 3NQ.
(1)
1964 c. 14; section 16 was amended by the European Communities Act 1972 (c. 68) section 4(1) and Schedule 4, paragraph 5(1), (2) and (3); see section 38(1) (as amended by S.I. 1978/272) for a definition of “the Minister”; the functions of the Minister of Agriculture, Fisheries and Food under the Plant Varieties and Seeds Act 1964 were, so far as they are exercisable in relation to Wales, transferred to the Secretary of State for Wales by the Transfer of Functions (Wales) (No. 1) Order 1978 (S.I. 1978/272); and under article 2(a) and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) these functions, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales.
(2)
S.I. 1985/981; relevant amending instruments are S.I. 1990/610, 1999/1553 and 1865, 2001/2533 (W. 210) and 2002/1554(W.152).
(3)
(4)
S.I. 1993/2005, amended by S.I. 1995/1482, 1997/616, 1999/1860 and 2001/3664 (W. 296).
(5)
The figures in italics are the fees which were charged under these Regulations before the coming into force of the Seeds (Fees) (Amendment) (Wales) (No. 2) Regulations 2002 (S.I. 2002/1870 (W.183)) on 23rd July 2002.
(6)
S.I. 1993/2009, amended by S.I. 1993/2529, 1996/1453, 1997/616, 1999/1864 and 2001/3665 (W. 297).
(7)
The figures in italics are the fees which were charged under these Regulations before the coming into force of the Seeds (Fees) (Amendment) (Wales) (No. 2) Regulations 2002 (S.I. 2002/1870 (W.183)) on 23rd July 2002.
(8)
S.I. 1993/2007, amended by S.I. 1994/1423, 1996/1451, 1997/616, 1999/1862 and 2001/3669(W.300).
(9)
The figures in italics are the fees which were charged under these Regulations before the coming into force of the Seeds (Fees) (Amendment) (Wales) (No. 2) Regulations 2002 (S.I. 2002/1870 (W.183)) on 23rd July 2002.
(10)
S.I. 1993/2006, amended by S.I. 1997/616, 1999/1861 and 2001/3658 (W.295).
(11)
The figures in italics are the fees which were charged under these Regulations before the coming into force of the Seeds (Fees) (Amendment) (Wales) (No. 2) Regulations 2002 (S.I. 2002/1870 (W.183)) on 23rd July 2002.
(12)
S.I. 1993/2006, amended by S.I. 1997/616, 1999/1861 and 2001/3667 (W. 299).
(13)
The figures in italics are the fees which were charged under these Regulations before the coming into force of the Seeds (Fees) (Amendment) (Wales) (No. 2) Regulations 2002 (S.I. 2002/1870 (W.183)) on 23rd July 2002.
(14)
S.I. 1985/980, amended by S.I. 1987/1098, 1990/611 and 1993/2530.
(15)
The figures in italics are the fees which were charged under these Regulations before the coming into force of the Seeds (Fees) (Amendment) (Wales) ( No. 2) Regulations 2002 (S.I. 2002/1870 (W.183)) on 23rd July 2002.
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