
2018 No. 132
Plant Health
The Plant Health (Export Certification) (Scotland) Order 2018
Made 25th April 2018
Laid before the Scottish Parliament 27th April 2018
Coming into force 1st June 2018
The Scottish Ministers make the following Order in exercise of the powers conferred by sections 3(1), (2) and (4) and 4A of the Plant Health Act 1967  and of all other powers enabling them to do so.
Citation, commencement and extent
1 

(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.
Interpretation
2 
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;
 ...
 “inspector” means  a plant health inspector for the purposes of the Plant Health Official Controls Regulations;
 ...
 “phytosanitary certificate” means a certificate which complies with the relevant requirements of  Article 100 of the ... 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 ... 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;
 ...
 “soil” includes any medium used for the growing of plant material and  “soil sample” is construed accordingly; and
 ...
Phytosanitary certificates for export of plants etc. to third countries
3 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Fees for export certification services
4 

(1) A  person  who applies to the Scottish Ministers for a certificate ... 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 ...; and
(b) the application for the issue of the certificate ... 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Fees for services in connection with delegation of inspection functions
4A. 

(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.
Offences and penalties
5 
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Offences by bodies corporate etc.
6 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Revocations
7 
The following Orders are revoked—
(a) the Plant Health (Export Certification) (Scotland) Order 2004 .
(b) the Plant Health (Export Certification) (Scotland) Amendment Order 2007 .
FERGUS EWING

A member of the Scottish Government

St Andrew's House,

Edinburgh

 Schedule 1
Applications for certificates: table of fees

Articles 3(2) and 4

Column 1No. Column 2Service Column 3Fee
1 
(a) Issue of a phytosanitary certificate for the export of grain. £25.00

(b) Pre-export laboratory testing of grain. £70.00 per hour or any part thereof
2 Pre-planting testing for the presence of potato cyst nematodes of one soil sample from a field, or part thereof, comprising not more than 4 hectares, or from a glass-house or container. £40.00
3 
(a) Pre-export inspection of, and issue of a phytosanitary certificate for the export of, a consignment of bulbs (where the value of the consignment is more than £250.00), malt barley or oil seed rape, where an inspection at the premises of the grower is necessary. £70.00

(b) Issue of a second or subsequent phytosanitary certificate for the export of such a consignment, where no additional inspection is required. £25.00

(c) Pre-export laboratory testing for malt barley or oil seed rape. £70.00 per hour or any part thereof
4 
(a) Pre-export inspection of, and the issue of a phytosanitary certificate for the export of, a consignment of bulbs, ware potatoes, other plants and plant products (other than those mentioned in another entry of this table), where an inspection at the premises of the grower is necessary— 

(i) where the value of the consignment is less than or equal to £250.00; £40.00

(ii) where the value of the consignment is more than £250.00. £70.00

(b) Issue of a second or subsequent phytosanitary certificate for the export of a consignment of equal or lesser value to that mentioned in paragraph (a) of this entry, where an inspection is carried out at the same location on the same day. £25.00
5 
(a) Pre-export inspection of, and the issue of a phytosanitary certificate for the export of, used agricultural machinery to ensure that any machinery is free of any trace of soil or plant debris. £70.00

(b) Issue of a second or subsequent phytosanitary certificate for the export of used agricultural machinery of equal or lesser value to that mentioned in paragraph (a) of this entry, where an inspection is carried out at the same location on the same day. £25.00
6 Pre-export inspection of, and the issue of a phytosanitary certificate for the export of, a consignment of bulbs, plants and plant products (other than seeds) delivered to the Scottish Government or for botanical research. £35.00
7 Issue of a phytosanitary certificate for the export of a consignment containing plant products which are either dried, frozen or processed. £25.00
8 Pre-export consignment testing of one soil sample for the presence of potato cyst nematodes and the issue of a phytosanitary certificate for the export of seed potatoes where such testing is necessary. £40.00
9 Growing season inspection of— 

(a) outdoor plants: 

(i) first 0.5 hectares, or part thereof; £40.00 per day

(ii) each additional 0.1 hectare, or part thereof, inspected on the same day as those under (i); £5.00

(b) indoor plants: 

(i) first 5,000 or part thereof; £40.00 per day

(ii) each additional 1,000, or part thereof, up to a maximum of 70,000 per day, inspected on the same day as those under (i); £5.00

(c) bulbs: 

(i) first 0.5 hectares. or part thereof; £40.00 per day

(ii) each additional 0.1 hectare, or part thereof, inspected on the same day as those under (i). £5.00
10 Pre-export testing of potato tuber samples— 

(a) for potato brown rot and ring rot:

(i) brown rot visual test; £55.00

(ii) brown rot latent test; £158.00

(iii) ring rot latent test; £158.00

(iv) combined brown rot and ring rot latent test; £170.00

(b) for gangrene; £95.00

(c) for potato viruses: 

(i) 
(aa) growing on test (200 tubers tested for 2 viruses); £240.00

(bb) growing on test (each additional 50 tubers or part thereof tested for 2 viruses); £60.00

(cc) testing for additional viruses (200 tubers); £20.00 (per virus)

(dd) testing for additional viruses (each additional 50 tubers or part thereof); £5.00 (per virus)

(ii) 
(aa) direct tuber test (200 tubers tested for 2 viruses); £270.00

(bb) direct tuber test (each additional 50 tubers or part thereof); £63.00 (per virus)

(cc) testing for additional viruses (200 tubers); £20.00 (per virus)

(dd) testing for additional viruses (each additional 50 tubers or part thereof); £5.00 (per virus)

(iii) 
(aa) leaf sample test (100 leaves tested for 4 viruses); £155.00

(bb) leaf sample test (each additional 50 leaves or part thereof tested for 4 viruses); £78.00

(cc) testing for additional viruses (100 leaves); £10.00 (per virus)

(dd) testing for additional viruses (each additional 50 leaves or part thereof). £5.00 (per virus)
11 Pre-export testing for potato spindle tuber viroid. £50.00 per hour or any part thereof
12 Any other pre-export laboratory testing, other than seed testing or testing of the commodities listed in entries 1(a) and 3(a) of this table. £45.00 per hour or any part thereof
13 Growing crop inspection and pre-export seed testing work and the issue of a phytosanitary certificate in respect of seed samples. £70.00 per hour or any part thereof
14 . . . . . .
15 Issue of a phytosanitary certificate for re-export or a duplicate phytosanitary certificate or a phytosanitary certificate for re-export where the original has been lost, stolen, destroyed or materially damaged. £15.00
16 Amending a certificate at the request of the exporter after issue. £15.00
SCHEDULE 2
Services associated with the delegation of functions of the Scottish Ministers: table of fees
Article 4A


Column 1No. Column 2Service Column 3Fee
1 Initial site visit (training, assessment and authorisation) £328.00 per authorised site
2 Auditing/monitoring £191.00 per audit
3 Issue of certificate £25.00 per phytosanitary certificate