Title, application and commencementE+W

1.—(1) The title of these Regulations is the Plant Health (Import Inspection Fees) (Wales) Regulations 2010;

(2) they come into force on 1 January 2011; and

(3) they apply in relation to Wales.

InterpretationE+W

2.—(1) In these Regulations—

“daytime working hours” (“oriau gwaith yn ystod y dydd”) means any time between the hours of 8.30 a.m. to 5.00 p.m. 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 M3 in Wales; and

“the Directive” (“y Gyfarwyddeb”) 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 M4.

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

Consignments to which these Regulations applyE+W

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 Wales 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 (Wales) Order 2006 M5.

FeesE+W

4.—(1) An importer must pay to the Welsh Ministers 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.

RevocationsE+W

5.  The following Regulations are revoked—

(a)the Plant Health (Import Inspection Fees) (Wales) (No. 2) Regulations 2006 M6;

(b)the Plant Health (Import Inspection Fees) (Wales) (Amendment) Regulations 2007 M7;

(c)the Plant Health (Import Inspection Fees) (Wales) (Amendment) (No. 2) Regulations 2007 M8;

(d)the Plant Health (Import Inspection Fees) (Wales) (Amendment) Regulations 2009 M9;

(e)the Plant Health (Import Inspection Fees) (Wales) (Amendment) (No. 2) Regulations 2009 M10.

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

SCHEDULE 1E+WImport Inspection Fees

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

SCHEDULE 2E+WImport Inspection Fees (Reduced Rates)

Regulation 4(1)(b)

SCHEDULE 3E+WImport Inspection Fees for Documentary Checks and Identity Checks

Explanatory Note

(This note is not part of the Regulations)