Plant Quarantine (Fees) Regulations, 2010

Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 18,554, 19 ta’ Frar, 2010

L.N. 91 of 2010

PLANT QUARANTINE ACT

(CAP. 433)

Plant Quarantine (Fees) Regulations, 2010

IN exercise of the powers conferred by article 32 of the Plant

Quarantine Act, the Minister for Resources and Rural Affairs in

concurrence of the Minister responsible for finance has made the

following regulations:-

(1) The title of these regulations is the Plant Quarantine

(Fees) Regulations.

(2)

These regulations shall come into force on the 1st

March 2010

FEES TO COVER THE COSTS OCCASSIONED BY THE DOCUMENTARY

CHECKS, IDENTITY CHECKS AND PLANT HEALTH AND QUALITY

CHECKS AT THE POINT OF IMPORTATION PROVIDED FOR IN THE

REGULATIONS UNDER THE PLANT QUARANTINE ACT

Item

Quantity

Fee

(EUR)

(a) for documentary checks

Per consignment

The fees specified in the schedule hereto shall be charged Fees.

and paid to the Director, Financial Management at the Ministry

for Resources and Rural Affairs for any inspection carried out, for

testing and for certification of plant propagation material or whole

plants that fall under the Plant Quarantine Act, and regulations

made thereunder.

FEES TO COVER THE COSTS OCCASSIONED FOR INSPECTIONS CARRIED

OUT BY THE PLANT HEALTH SURVEILLANCE AND INSPECTORATE

UNIT IN ACCORDANCE WITH THE ISSUING OF PLANT

PASSPORT,PHYTOSANITARY CERTIFICATES AND SUPPLIERS

DOCUMENT AND CERTIFICATION LABELS PURSUANT TO THE

REGULATIONS UNDER THE PLANT QUARANTINE ACT, 2001

Item

Quantity

Fee

(EUR)

(a) for documentary checks

Per consignment

7.00

(b) for identity checks

Per consignment

- Up to a size of a truck load, or the

7.00

load of a container of comparable

size

- Bigger than the above size

14.00

(c) for plant health and quality

checks, in accordance with the

following specifications

-

Cuttings,

seedlings Per consignment

(except

forestry

- Up to 10,000 in number

17.50

reproductive

material),

- For each additional 1,000 units

0.70

young

plants

of

- Maximum Price

140.00

strawberries

or

of

vegetables

-

Shrubs, trees (other than Per consignment

cut Christmas trees) other

- Up to 10,000 in number

17.50

woody nursery plants

- For each additional 100 units

0.44

including

forest

- Maximum Price

140.00

reproductive

material

(other than seed)

-

Bulb, corms, rhizomes, Per consignment

tubers,

intended

for

- Up to 200 kg of weight

17.50

planting (other than tubers

- For each additional 10 kg

0.16

of potatoes)

- Maximum Price

140.00

-

Seeds, tissue cultures

Per consignment

- Up to 200 kg of weight

7.50

- For each additional 10 kg

0.175

- Maximum Price

140.00

B

-

Other plants intended for Per consignment

planting, not specified

- Up to 5,000 in number

17.50

elsewhere in this table

- For each additional 100 units

0.18

- Maximum Price

140.00

-

Cut flowers

Per consignment

- Up to 20,000 in number

17.50

- For each additional 1,000 units

0.14

- Maximum Price

140.00

-

Tubers of potatoes (for Per lot

export

including

- Up to 25,000 kg of weight

52.50

inspection (tests) but

- For each additional 25,000 kg

52.50

excluding the cost of the

phytosanitary certificate

-

Grain

(for

re-export Per consignment

including

tests

but

- Up to 100,000 kg of weight

The applicant shall pay the fees on the date of inspection

or on filling an application for any type of testing.

(1) There shall be payable to the Department of Plant Provisions as to fees,

Health for inspections carried out and certificates issued, relating to for Phytosanitary

plants and plant products the fees specified against each respective Phytosanitary

service in accordance with the regulations under this Act, the fees Certificates.

specified in Schedule I and Schedule II to these regulations

Provided that where the checks and the tests for

confirmation require supplementary checks and testing beyond

what is normally carried out, an additional charge to cover the

costs of such additional services shall be levied by the Director.

(2) The Director shall also levy a fee of €7.00 for the

issue of a Phytosanitary Certificate for export and of €7.00 for the

issue of phytosanitary certificate for re-export issued in accordance

to the regulations under the Plant Quarantine Act for consignments

of less than a container. A fee of €12.00 shall be levied for the

issue of a re-export or export certificate for fruits (per container)

and of €17.00 for grains for re-export (per ship) .

(1) When the services specified in regulation 4 of this

regulation are rendered outside the official business hours of the

Department, the importer or exporter, as the case may be, shall pay

to the Director an additional charge equivalent to the overtime paid

to the inspectors, calculated at the rates which the Government

from time to time pays to such inspectors on overtime, together

with an administrative charge of ten per centum calculated on the

charge and expenses if any. Such charge shall be at the rate per

hour or part thereof, subject to a minimum of two hours.

(2) For the purposes of this regulation the official

business hours of the Department shall be as follows

From 1st October to the 15th June

Monday to Fridays (except public holidays): 7.00 a.m.

to 4.00 p.m.

From 16th June to 30th September

Monday to Fridays (except public holidays): 7.00 a.m.

to 1.00 p.m.

(3) When the services are provided at any premises

outside the Department, there shall be paid to the Director a charge

for transport at the rate of €0.50 per kilometer for the distance

between the Department’s offices and the place of inspection

Provided that, no charges shall be demanded in respect

of any ferry fares between Malta and Gozo

Provided further that when attendance by an inspector

is given outside official business hours, transport charges shall be

calculated as specified above with an additional charge of €3.50

and this additional charge shall be reduced to €1.75 whenever

attendance commences or ends during the period when the officer

is on-duty.

(4) Where in the rendering of services on the

importation of plants, plant products and other articles in

accordance with any regulations under the Plant Quarantine Act,

there is a delay in the arrival of such plants, plant products and

other objects beyond one hour from the advised time of arrival, a

charge shall be paid by the importer at the rate per hour established

under sub-regulation (1) of this regulation.

The Plant Protection (Fees) Regulations, are hereby

being revoked.

B

00

(b) for identity checks

Per consignment

- Up to a size of a truck load, or the

7.00

load of a container of comparable

size

- Bigger than the above size

00

(c) for plant health and quality

checks, in accordance with the

following specifications

-

Cuttings,

seedlings Per consignment

(except

forestry

- Up to 10,000 in number

50

reproductive

material),

- For each additional 1,000 units

0.70

young

plants

of

- Maximum price

140.00

strawberries

or

of

vegetables

-

Shrubs, trees (other than Per consignment

cut Christmas trees), other

- Up to 1,000 in number

17.50

woody nursery plants

- For each additional 100 units

0.44

including

forest

- Maximum price

140.00

reproductive

material

(other than seed)

-

Bulbs, corms, rhizomes, Per consignment

tubers,

intended

for

- Up to 200 kg of weight

17.50

planting (other than tubers

- For each additional 10 kg

0.16

of potatoes)

- Maximum price

140.00

-

Seeds, tissue cultures

Per consignment

- Up to 200 kg of weight

7.50

- For each additional 10 kg

0.175

- Maximum price

140.00

B

-

Other plants intended for Per consignment

planting, not specified

- Up to 5,000 in number

17.50

elsewhere in this table

- For each additional 100 units

0.18

- Maximum price

140.00

-

Cut flowers

Per consignment

- Up to 20,000 in number

17.50

- For each additional 1,000 units

0.14

- Maximum price

140.00

-

Branches with foliage, Per consignment

parts of conifers (other

- Up to 100 kg of weight

17.50

than cut Christmas trees)

- For each additional 1000 kg

1.75

- Maximum price

140.00

-

Cut Christmas trees

Per consignment

- Up to 1,000 in number

17.50

- For each additional 100 units

1.75

- Maximum Price

140.00

-

Leaves of plants, such as Per consignment

herbs, spices and leafy

- Up to 100 kg of weight

17.50

vegetables.

- For each additional 10 kg

1.75

- Maximum price

140.00

-

Fruits, vegetables (other Per consignment

than leafy vegetables)

- Up to 25,000 kg of weight

17.50

- For each additional 1,000 kg

0.70

-

Tubers of potatoes

Per lot

- Up to 25,000 kg of weight

52.50

- For each additional 25,000 kg

52.50

-

Wood (other than bark)

Per consignment

- Up to 1000m3 of volume

17.50

- For each additional m3

0.175

-

Soil and growing medium, Per consignment

bark

- Up to 25,000 kg of weight

17.50

- For each additional 1,000 kg

0.70

- Maximum Price

140.00

B

-

Grain

Per consignment

- Up to 25,000 kg of weight

17.50

- For each additional 1,000 kg

0.70

- Maximum Price

700.00

-

Other plants or plant Per consignment

17.50

products not specified

elsewhere in this table

Where a consignment does not consists exclusively of products coming under the

description of the relevant indent, those parts thereof consisting of products coming

under the description of the relevant indent (lot or lots) shall be treated as separate

consignment.

B

00

excluding the cost of the

- For each additional 100,000

1.50

phytosanitary certificate

and transport)

-

Other plants or plant

-

Minimum charge inspection for

23.00

products not specified

the first 2 hours

elsewhere in this table

-

Each additional hour

5.00

including fumigated wood

packaging

material

(excluding transport)

€0.37