UK Parliament / Open data

Plant Health etc. (Fees) (England) (Amendment) Regulations 2021

My Lords, this instrument extends the current regime of charging for plant health import checks to apply to checks carried out on consignments from EU member states, Switzerland and Liechtenstein. This is in line with the standard approach that the full cost of service delivery be recovered from businesses using plant health services.

It is our responsibility to protect biosecurity across plant and animal health, and the wider ecosystem. To that end, plant health checks—documentary, identity and physical—are carried out on regulated consignments imported into England from non-EU countries which may carry pests or diseases that could pose a risk to our biosecurity. Currently, the highest-risk commodities are subject to 100% documentary, identity and physical checks. The level of identity and physical checks on other commodities is based on risk.

During our membership of the EU, plants and plant products were able to enter the UK from EU member states without the need for any import checks. However, inspections carried out as part of Defra surveillance programmes have identified instances where EU consignments have contained plant pests or diseases that could pose a threat to UK biosecurity.

To address that threat, and in line with retained law, from 1 January 2021 the existing regime of plant health checks is being extended to consignments of regulated plants, plant products and other objects imported from EU member states, Switzerland and Liechtenstein. Under the agreed phased approach, which allows businesses time to adjust to the new arrangements, higher-risk goods, such as plants for planting, have been subject to documentary, identity and physical checks from January. This has already resulted in a number of interceptions of consignments with pests and diseases, allowing appropriate statutory action to be taken. Documentary checks on other, lower-risk regulated plants, plant products and other objects will commence on 1 January 2022, with identity and physical checks applied from March 2022.

It is UK government policy to charge for many publicly provided goods and services. The standard approach is to set fees to recover the full costs of service delivery. This relieves the general taxpayer of costs, so that they are properly borne by users who benefit from a service. This allows for a more equitable distribution of public resources and enables lower public expenditure and borrowing. Charging for plant health services is consistent with the principle that businesses using these services should bear the costs of any measures to prevent harm that they might otherwise cause by their actions or inactions, since most serious plant pests and diseases that arrive and spread in this country do so via commercial trade in plants and plant produce.

Fees are applied for checks under the Plant Health etc. (Fees) (England) Regulations 2018. For lower-risk consignments eligible for reduced levels of physical checks, a proportionally reduced fee is applied to every imported consignment. This SI amends the 2018 regulations. It extends charging for plant health checks to also apply to checks carried out on consignments

from EU member states, Switzerland and Liechtenstein. In addition to ensuring equity with those importing from non-EU countries, it also reflects that exports into the EU are subject to chargeable import checks, so there is a degree of reciprocity.

We have worked closely with individual operators and industry bodies, including the Horticultural Trades Association, Fresh Produce Consortium and the National Farmers’ Union on developing our approach to dealing with imports from the EU. To give businesses time to adjust to the new arrangements, the fees for documentary, identity and physical checks on the higher-risk goods, and for documentary checks on other goods, will not be applied until June 2021, despite checks being undertaken since 1 January. Fees for identity and physical checks on the remaining regulated goods from EU member states, Switzerland and Liechtenstein will be applied from March 2022.

Under the 2018 regulations, there is a single combined fee for a documentary and identity check, reflecting the fact that both those checks were previously carried out at 100% on all consignments. From 1 January the frequency of the identity check is linked to that of the physical check as both checks are carried out at the same time. So any reduction in the level of physical inspection will also apply to the identity check. This instrument therefore provides for a separate fee for documentary and identity checks for all consignments. This SI does not make any other changes to existing fees for checks on consignments imported from non-EU countries, other than Switzerland and Liechtenstein.

This SI applies to England only. The vast majority of consignments entering GB from the EU do so via England. The Scottish and Welsh Governments are following the same phased approach in terms of the timetable for inspecting EU consignments and applying fees to recover the cost of those inspections.

This instrument is necessary because it provides for fees to be charged for plant health checks on commodities imported from EU member states, Switzerland and Liechtenstein, thereby providing consistency with imports from the rest of the world, where fees already apply. I beg to move.

4.12 pm

About this proceeding contribution

Reference

811 cc213-4GC 

Session

2019-21

Chamber / Committee

House of Lords Grand Committee
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