The Plant Health (Export Certification) (Scotland) Order 2018

Contents

Article 1Citation, commencement and extent#

(1)This Order may be cited as the Plant Health (Export Certification) (Scotland) Order 2018 and comes into force on 1st June 2018.

(2)This Order extends to Scotland only.

Article 2Interpretation#

In this Order—• “certificate” means a phytosanitary certificate or a phytosanitary certificate for re-export;• “consignment” means a quantity of goods being covered by a single document required for customs formalities or for other formalities, such as a single phytosanitary certificate or single alternative document or mark and may be composed of one or more lots;• ^note...• “inspector” means a plant health inspector for the purposes of the Plant Health Official Controls Regulations;• ^note...• “phytosanitary certificate” means a certificate which complies with the relevant requirements of Article 100 of the ^note... Plant Health Regulation;• “phytosanitary certificate for re-export” means a certificate for re-export which complies with the relevant requirements of Article 101 of the ^note... Plant Health Regulation;• “the Plant Health Official Controls Regulations” means the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019;• “the Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC ,• “premises” includes any land, building, vessel, vehicle, aircraft, hovercraft or freight container;• ^note...• “soil” includes any medium used for the growing of plant material and “soil sample” is construed accordingly; and• ^note...

Article 3Phytosanitary certificates for export of plants etc. to third countries#

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Article 4Fees for export certification services#

(1)A person who applies to the Scottish Ministers for a certificate ^note... in relation to a plant, plant product or other object, must pay to the Scottish Ministers any fee prescribed in column 3 of the table in the schedule 1 which corresponds to a service described in column 2 of the table which has been performed by an inspector in connection with that application.

(2)Paragraph (3) applies where—

(a)a service listed in column 2 of the table in the schedule 1 includes the issue of a certificate ^note...; and

(b)the application for the issue of the certificate ^note... is refused by an inspector by reason of the results of any related inspection, examination or test.

(3)A fee is still payable for the service mentioned in paragraph (2)(a) by the person mentioned in paragraph (1).

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 4AFees for services in connection with delegation of inspection functions#

(1)Where the Scottish Ministers delegate inspection functions related to the issue of a phytosanitary certificate under Article 28 of Regulation (EU) 2017/625, the person to whom those functions are delegated must pay to the Scottish Ministers the fee prescribed in column 3 of the table in schedule 2 that corresponds to either a service described in column 2 of the table, which has been performed by an inspector in connection with the delegation of functions, or the issue of a phytosanitary certificate.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In this article, “Regulation (EU) 2017/625” means Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products.

Article 5Offences and penalties#

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Article 6Offences by bodies corporate etc.#

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Article 7Revocations#

The following Orders are revoked—

(a)the Plant Health (Export Certification) (Scotland) Order 2004 ^note.

(b)the Plant Health (Export Certification) (Scotland) Amendment Order 2007 ^note.

Schedule 1 · Applications for certificates: table of fees

Schedule 2 · Services associated with the delegation of functions of the Scottish Ministers: table of fees

Contains public sector information licensed under the Open Government Licence v3.0.