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(a) a border inspection post which is included in the list contained in the Annex to Commission Decision 2001/881/EC[4]; or

(b) a border inspection post in the Republic of Iceland or the Kingdom of Norway which is included in the list contained in the Annex to Decision No. 86/02/COL of the EFTA Surveillance Authority;[5]

"border inspection post of destination" means the border inspection post via which an Article 9 product is intended for import;

"border inspection post of introduction" means the border inspection post at which an Article 9 product is first introduced into the relevant territories;

"carrier who has charge for the time being" of a product, consignment or part of a consignment includes the driver of any vehicle, the pilot of any aircraft and the master of any vessel (but not the driver of any train) transporting the same;

"the Commissioners" means the Commissioners of Customs and Excise;

"common veterinary entry document" means a document in the form set out in Annex III to Regulation (EC) No. 136/2004;

"Community establishment of origin" means the premises located in a member State at which a returned product attained the form in which it was originally exported from the relevant territories;

"consignment" means a quantity of products of the same type covered by the same veterinary certificate or veterinary document, or other document provided for by veterinary legislation, conveyed by the same means of transport and coming from the same third country or part of a third country;

"corporate officer" means a director, manager, secretary or other similar officer of a body corporate, or a person who purports to act in any such capacity;

"the Customs Code" means Council Regulation (EEC) No. 2913/92 (establishing the Community Customs Code)[6];

"customs officer" means an officer as defined in section 1(1) of the Customs and Excise Management Act 1979[7] (a person commissioned by the Commissioners);

"the customs territory of the Community" has the same meaning as in Article 3 of the Customs Code;

"customs warehouse" means a warehouse which fulfils the conditions of Articles 98 to 113 of the Customs Code, in which goods are stored subject to the customs warehousing procedure referred to in those Articles;

"destination establishment", in relation to a product, means the establishment identified in the "delivery address" entry in Part 1 of the common veterinary entry document;

"Directive 92/118/EEC" means Council Directive 92/118/EEC (laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A (I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC)[8];

"Directive 97/78/EC" means Council Directive 97/78/EC (laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries)[9];

"documentary check" means the examination of the veterinary certificates or veterinary documents or other documents accompanying a consignment, carried out in accordance with Article 4(3) of Directive 97/78/EC and Annex I to Regulation (EC) No. 136/2004;

"fishery products" means all seawater and freshwater animals, whether or not live, including - 

(a) aquaculture animals and aquaculture products as defined in Article 2 of Council Directive 91/67/EEC (concerning the animal health conditions governing the placing on the market of aquaculture animals and products)[10];

(b) bivalve molluscs as defined in Article 2(1) of Council Directive 91/492/EEC (laying down the health conditions for the production and the placing on the market of live bivalve molluscs)[11];

(c) echinoderms, tunicates and marine gastropods; and

(d) fishery products and aquaculture products as defined in Article 2 of Council Directive 91/493/EEC (laying down the health conditions for the production and the placing on the market of fishery products)[12],

but excludes aquatic mammals, reptiles and frogs, and parts thereof;

"free circulation" has the same meaning as in Articles 23(2) and 24 of the Treaty establishing the European Community;

"free warehouse" and "free zone" have the same meanings as in Title IV, Chapter 3, Section 1 of the Customs Code;

"hay" means any grass, clover, lucerne or sainfoin which has been dried either naturally or artificially, and includes any product which is obtained by so drying any grass, clover, lucerne or sainfoin;

"identity check" means a check by visual inspection to ensure that the veterinary certificates or veterinary documents or other documents accompanying a consignment tally with the products comprised in the consignment, carried out in accordance with Article 4(4)(a) of Directive 97/78/EC;

"import", as a noun, means release for free circulation within the meaning of Article 79 of the Customs Code;

"import conditions" in relation to a product, means the conditions laid down for the import of that product in any directive, decision or regulation listed in Schedule 1, including - 

(a) conditions as to the country or establishment of origin of the product;

(b) specific requirements laid down for the import of that product into a particular member State or a particular area of a member State; and

(c) conditions laid down for the import of that product for specific purposes,

"intermediate storage warehouse" means cold storage facilities approved for intermediate storage of products as referred to in Chapter 10 of Annex I to Directive 92/118/EEC;

"introduce" means bring into; and a person introduces a product into a territory or area, if - 

(a) he brings it into that territory or area as its owner;

(b) he brings it into that territory or area as a carrier; or

(c) a carrier brings it into that territory or area on that person's instructions,

but a product on board a means of transport operating internationally which is intended for consumption by the crew or passengers of that means of transport is not introduced into a territory or area provided that - 

(a) it is not unloaded; or

(b) it is transferred directly from one means of transport operating internationally to another at the same port or airport and under supervision, within the meaning of Article 4(13) of the Customs Code, by the Commissioners;

"local authority" means - 

(a) where there is a port health authority, that port health authority;

(b) where there is no port health authority, but where there is a unitary authority, within the meaning of the Local Government Changes for England Regulations 1994, that unitary authority;

(c) where there is no port health authority and no unitary authority - 


(i) in a metropolitan or a non-metropolitan district, the council of that district; and

(ii) in each London borough, the council of that borough;



(d) in the City of London, the Common Council; and

(e) in the Isles of Scilly, the Council of the Isles of Scilly;

"non-conforming product" means a product which does not comply with the import conditions;

"official fish inspector" means an environmental health officer appointed as an official fish inspector by a local authority pursuant to regulation 6(2)(b);

"official veterinary surgeon" means a veterinary surgeon who has participated in a special training programme referred to in Article 27 of Directive 97/78/EC and who is appointed by the Secretary of State pursuant to regulation 6(1)(a) or by a local authority pursuant to regulation 6(2)(a);

"operator" means - 

(a) in relation to a border inspection post, the person who provides premises and other facilities for the carrying out of veterinary checks at that border inspection post; and

(b) in relation to a Community establishment of origin, an intermediate storage warehouse or a destination establishment, the person who occupies the same for the purposes of his business;

"owner", in relation to a product, consignment or part of a consignment, means the person in whom the property in the product, consignment or part is for the time being vested;

"person appearing to have charge" of a product, consignment or part of a consignment means any person, including a carrier, who appears to have possession, custody or control thereof;

"person responsible for" a product, consignment, or part of a consignment means - 

(a) until the product, consignment or part first arrives at a border inspection post in England or, in the case of an Article 9 product, or a consignment or part of a consignment of Article 9 products, until it arrives at a border inspection post of destination in England - 


(i) the person referred to in Article 38(1) of the Customs Code who brings the product, consignment or part into the customs territory of the Community;

(ii) a person referred to in Article 38(2) of the Customs Code who assumes responsibility for the carriage of the product, consignment or part after it has been brought into the customs territory of the Community; and

(iii) a person referred to in Article 44(2)(b) of the Customs Code, in whose name the persons referred to in sub-paragraphs (a)(i) and (ii) acted;



(b) from the time the product, consignment or part first arrives at a border inspection post in England, or, in the case of an Article 9 product, or a consignment or part of a consignment of Article 9 products, from the time it arrives at a border inspection post of destination in England, until it leaves that first border inspection post, or that border inspection post of destination, as the case may be - 



(i) the person referred to in Article 44(2)(b) of the Customs Code in whose name the persons referred to in sub-paragraphs (a)(i) and (ii) acted; or

(ii) if the product, consignment or part is in temporary storage, as referred to in Article 50 of the Customs Code, the person referred to in Article 51(2) of the Customs Code who holds it in temporary storage; or

(iii) if the person referred to in sub-paragraph (b)(i) or (ii), as the case may be, has appointed a representative in his dealings with the customs authorities, within the meaning of Article 5 of the Customs Code, who is given or assumes responsibility for ensuring that the product, consignment or part undergoes veterinary checks, that representative; and



(c) after the product, consignment or part leaves that first border inspection post, or, in the case of an Article 9 product, or a consignment or part of a consignment of Article 9 products, after it leaves the border inspection post of destination - 



(i) the person who made a customs declaration, within the meaning of Article 64 of the Customs Code, covering the product, consignment or part; or

(ii) if no such customs declaration has yet been made, the person capable of making it;

"physical check" means a check on the product itself (which may include checks on packaging and temperature and also sampling and laboratory testing) carried out in accordance with Article 4(4)(b) of, and Annex III to, Directive 97/78/EC and, in the case of laboratory testing, Annex II to Regulation (EC) No. 136/2004;

"point of entry" means any place where goods are subject to customs supervision under Articles 37 and 38 of the Customs Code, other than a border inspection post;

"premises" includes any construction, installation, container or means of transport;

"product" means - 

(a) any product of animal origin listed in the Annex to Commission Decision 2002/349/EC (laying down the list of products to be examined at border inspection posts under Council Directive 97/78/EC)[13];

(b) hay; and

(c) straw,

but does not include composite food products as specified in Article 3 of Commission Decision 2002/349/EC;

"Regulation (EC) No. 1774/2002" means Regulation (EC) No. 1774/2002 of the European Parliament and of the Council (laying down health rules concerning animal by-products not intended for human consumption)[14];

"Regulation (EC) No. 136/2004" means Commission Regulation (EC) No. 136/2004 (laying down procedures for veterinary checks at Community border inspection posts on products imported from third countries)[15];

"the regulatory functions" means the functions assigned by these Regulations to authorised officers, official veterinary surgeons, official fish inspectors and assistants appointed pursuant to regulation 6;

"relevant document" means any required document and any other veterinary, commercial or other certificate or document relating to a product, including the manifest of any sea-going vessel or aircraft;

"the relevant territories" means an area comprising the territories of the member States, as listed in Annex I to Directive 97/78/EC, the Republic of Iceland, the Kingdom of Norway (except Svalbard), the Principality of Andorra and the Republic of San Marino;

"required document" means any original veterinary certificate, original veterinary document or other original document required in relation to a product by virtue of any directive, decision or regulation listed in Schedule 1;

"returned product" means a product originally exported from the customs territory of the Community which is returned there because it has been refused by a third country;

"ships' store" means closed premises referred to in Article 13(1)(c), or a specially approved warehouse referred to in Article 13(2)(a), of Directive 97/78/EC;

"straw" means any green cereal which has been dried either naturally or artificially and includes any product (other than grain) which is obtained by drying any green cereal;

"third country" means a country not comprised in the relevant territories;

"transhipped product" means an Article 9 product which is transhipped or unloaded in the way described (in relation to consignments) in Article 9(1) of Directive 97/78/EC at its border post of introduction;

"transit" means transit from one third country to another, passing through one or more member States, under the external transit procedure referred to in Articles 91 to 97 of the Customs Code;

"transit product" means a product originating in a third country which, according to the information forwarded in advance referred to in Article 3(3) of Directive 97/78/EC, will undergo transit; and

"veterinary check" means any check provided for in Directive 97/78/EC including a documentary check, an identity check or a physical check.

    (2) Products introduced into England from the Republic of Iceland, other than fishery products, are regarded for the purposes of these Regulations as introduced from a third country.

    (3) Any reference in these Regulations to a Community instrument is a reference to that instrument as amended on the date on which these Regulations are made.

Exemptions
     3.  - (1) These Regulations do not apply to products introduced into England from a third country with the previous authorisation of the Secretary of State as trade samples, for exhibition, or for particular studies or analyses.

    (2) The Secretary of State's authorisation shall be in writing, may be made subject to conditions, and may be amended, suspended or revoked in writing at any time.

    (3) Part 3, with the exception of regulation 25, and Parts 4 to 10 do not apply to - 

(a) powdered infant milk, infant food, or special foods required for medical reasons containing meat, meat products, milk, or milk products from a third country if - 


(i) they form part of a traveller's personal luggage and are intended for his personal consumption or use;

(ii) they do not exceed in quantity that which could reasonably be consumed by an individual;

(iii) they do not require refrigeration before opening;

(iv) they are packaged proprietary brand products for direct sale to the final consumer; and

(v) their packaging is unbroken, unless they are in current use;



(b) meat, meat products, milk or milk products from the Faeroe Islands, Greenland, the Republic of Iceland, Liechtenstein, or Switzerland if - 



(i) they form part of a traveller's personal luggage, or are sent by post or carrier (otherwise than by way of trade or as a trade sample) and are addressed to a private individual in England;

(ii) they are intended for the personal consumption of the traveller or the addressee, as the case may be; and

(iii) their combined total weight in any traveller's personal luggage or in any consignment sent by post or carrier to a private individual does not exceed 5 kilograms; or



(c) products in the personal luggage of a traveller if they are intended for his personal consumption or which are sent by post or carrier (otherwise than by way of trade or as a trade sample) and addressed to a private individual in England, if they are intended for his personal consumption, and if they - 



(i) are not meat, meat products, milk or milk products;

(ii) do not exceed one kilogram in weight;

(iii) come from a third country or part of a third country from which their importation is permitted in accordance with a list drawn up by an instrument in Schedule 1; and

(iv) do not come from a third country or part of a third country from which their importation is prohibited by any instrument in Schedule 1.

    (4) In this regulation "meat", "meat products", "milk" and "milk products" mean products of those types listed in sections 01 - 04 under the heading I.2, Title I in the Annex to Commission Decision 2002/349/EC.

(a) by the Secretary of State at a border inspection post designated and approved for veterinary checks only on products referred to in Regulation (EC) No. 1774/2002;

(b) by the Agency at - 


(i) premises required to be licensed under the Fresh Meat (Hygiene and Inspection) Regulations 1995[16], the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995[17], or the Wild Game Meat (Hygiene and Inspection) Regulations 1995[18]; and

(ii) combined premises as defined in the Meat Products (Hygiene) Regulations 1994[19], or the Minced Meat and Meat Preparations (Hygiene) Regulations 1995[20]; and



(c) subject to regulation 16, by each local authority within its area, including at any border inspection post therein, except at a border inspection post referred to in sub-paragraph (a) and at premises referred to in sub-paragraph (b).

    (2) For the purposes of the execution or enforcement of these Regulations, the Secretary of State, the Commissioners, any local authority and the Agency may exchange amongst themselves any information received by them in the execution or enforcement of these Regulations.

    (3) The Secretary of State, the Commissioners, any local authority and the Agency may share information received by them in the execution or enforcement of these Regulations with the enforcement authorities in Wales, Northern Ireland and Scotland for the purposes of the enforcement of the legislation on the introduction of products of animal origin from third countries in Wales, Northern Ireland and Scotland respectively.

    (4) Paragraphs (2) and (3) are without prejudice to any other power of the Secretary of State, the Commissioners, any local authority and the Agency to disclose information.

Enforcement by an authorised officer or the Agency in place of local authority
     5.  - (1) If the Secretary of State considers that a local authority is failing or has failed to execute or enforce these Regulations generally, or in any class of cases, or in an individual case, she may empower an authorised officer or the Agency to execute or enforce them in place of that local authority.

    (2) The Secretary of State or the Agency may recover from the local authority concerned any expenses reasonably incurred by her or it under paragraph (1).

Appointment of official veterinary surgeons and official fish inspectors
     6.  - (1) The Secretary of State shall appoint - 

(a) an official veterinary surgeon to carry out the regulatory functions at any border inspection post designated and approved for veterinary checks only on products referred to in Regulation (EC) No. 1774/2002; and

(b) such appropriately trained assistants for each official veterinary surgeon appointed pursuant to sub-paragraph (a) as may be necessary for the proper and expeditious performance of the regulatory functions.

    (2) A local authority shall appoint - 

(a) an official veterinary surgeon to carry out the regulatory functions at each border inspection post in its area, other than a border inspection post referred to in sub-paragraph (1)(a);

(b) an official fish inspector to carry out the regulatory functions in relation to fishery products at each border inspection post in its area, other than a border inspection post referred to in sub-paragraph (1)(a); and

(c) such appropriately trained assistants for each official veterinary surgeon appointed pursuant to sub-paragraph (2)(a), and each official fish inspector appointed pursuant to sub-paragraph (2)(b), as may be necessary for the proper and expeditious performance of the regulatory functions.

Exercise of enforcement powers
     7.  - (1) An official veterinary surgeon, an official fish inspector or an authorised officer may, at all reasonable hours and on producing, if so required, some duly authenticated document showing his authority, exercise the powers conferred by regulations 8 and 9 for the purpose of - 

(a) executing or enforcing these Regulations;

(b) executing or enforcing any declaration made by the Secretary of State or the Agency pursuant to regulation 59;

(c) ascertaining whether these Regulations are being or have been complied with; or

(d) verifying the identity, origin or destination of any product.

    (2) In the case of an official veterinary surgeon, an official fish inspector or an authorised officer appointed or authorised by a local authority, the powers conferred by regulations 8 and 9 shall be exercised - 

(a) within the area of that local authority, and

(b) outside the area of that local authority for the purpose of ascertaining whether these Regulations are being or have been complied with within that area.

Powers of entry and inspection
     8.  - (1) An official veterinary surgeon, official fish inspector or authorised officer may - 

(a) enter any border inspection post or other land or premises (except land used only as a dwelling house) and inspect the same and anything therein or thereon;

(b) open any bundle, package, packing case, or item of personal luggage, or require any person in possession of or accompanying the same to open it;

(c) inspect the contents of any bundle, package, packing case or item of personal luggage opened pursuant to sub-paragraph (b);

(d) inspect any product, including its packaging, seals, marking, labelling and presentation, and any plant or equipment used for or in connection with any product; and

(e) take samples of any product.

    (2) Where an official veterinary surgeon, official fish inspector or authorised officer takes a sample of a product otherwise than in the course of a physical check carried out pursuant to regulation 19(1), he may serve a notice in writing on the person appearing to him to have charge of the consignment which includes the product, requiring that the consignment or part thereof be stored until he serves a further notice in writing that the same may be removed, under the supervision of the official veterinary surgeon, official fish inspector or authorised officer, as the case may be, at such place and under such conditions as he may in the notice direct; and the costs of such storage shall be paid by the person responsible for the consignment.

    (3) An official veterinary surgeon, official fish inspector or authorised officer entering any land or premises pursuant to sub-paragraph (1)(a) may take with him - 

(a) other persons acting under his instructions;

(b) one or more representatives of the European Commission; and

(c) one or more representatives of the authorities of a third country, appointed and acting in accordance with the provisions of one of the equivalence decisions listed in Schedule 2.

Powers in relation to documents
     9. An official veterinary surgeon, official fish inspector or authorised officer may - 

(a) require any person appearing to him to have charge of a product, any person responsible for a product and any corporate officer, employee, servant or agent of any such persons, to produce any relevant document in his possession or under his control relating to the product, and to supply such additional information in his possession or under his control relating to the product as the official veterinary surgeon, official fish inspector or authorised officer may reasonably request;

(b) examine any relevant document relating to a product and, where it is kept by means of a computer, have access to and inspect and check the operation of any computer and associated apparatus or material which is or has been used in connection with that relevant document;

(c) make and retain such copies as he may think fit of any relevant document relating to a product; and

(d) seize and retain any relevant document relating to a product which the official veterinary surgeon, official fish inspector or authorised officer has reason to believe may be required as evidence in proceedings under these Regulations, and, where any such relevant document is kept by means of a computer, require it to be produced in a form in which it may be taken away.

Protection of officials acting in good faith
     10.  - (1) No authorised officer, official veterinary surgeon, official fish inspector, or assistant appointed pursuant to regulation 6 shall be personally liable in respect of any act done by him in the performance or purported performance of the regulatory functions within the scope of his employment, if he did that act in the honest belief that his duty under these Regulations required or entitled him to do so.

    (2) Paragraph (1) shall not relieve the Secretary of State, a local authority or the Agency from any liability in respect of acts of her or their officers.

Entry warrants
     11. If a justice of the peace, on sworn information in writing, is satisfied that there is reasonable ground for entry into any land or premises by an official veterinary surgeon, official fish inspector or authorised officer pursuant to regulation 8 for any of the purposes specified in regulation 7 and either - 

(a) that entry has been refused, or a refusal is reasonably expected, and that the official veterinary surgeon, official fish inspector or authorised officer has given notice of his intention to apply for an entry warrant to the occupier; or

(b) that a request for entry, or the giving of such a notice, would defeat the object of entry, or that entry is urgently required, or that the land or premises are unoccupied, or the occupier is temporarily absent, and it would defeat the object of entry to await his return,

the justice may by warrant signed by him, and valid for one month, authorise the official veterinary surgeon, official fish inspector or authorised officer to enter the land or premises, if need be by reasonable force.

Local authority returns
     12.  - (1) For each border inspection post in its area, a local authority shall submit to the Secretary of State a return comprising - 

(a) the total number of consignments checked, categorised by groups of products and by country of origin;

(b) a list of consignments of which samples were taken and the results of any test or analysis of each sample; and

(c) a list of consignments required to be redispatched or disposed of pursuant to regulation 21 by the official veterinary surgeon or official fish inspector, together with, in each case, their country of origin, establishment of origin (if known), a description of the product concerned and the reason for refusal.

    (2) The Secretary of State shall determine how frequently the returns referred to in paragraph (1) are to be submitted and what period of time they are to cover.

Suspension of border inspection posts
     13.  - (1) If the Secretary of State is satisfied that - 

(a) the continued operation of a border inspection post presents a serious risk to public or animal health; or

(b) there has been at a border inspection post a serious breach of the requirements for the approval of border inspection posts laid down in Annex II to Directive 97/78/EC or in Commission Decision 2001/812/EC (laying down requirements for the approval of border inspection posts responsible for veterinary checks on products introduced into the Community from third countries)[21],

she shall serve on the operator of the border inspection post concerned a written notice stating that the approval of the premises as a border inspection post in accordance with Article 6(2) or 6(4) of Directive 97/78/EC is suspended.

    (2) Upon service of a notice pursuant to paragraph (1) the premises shall cease to be a border inspection post, notwithstanding that they may still appear on the list of border inspection posts contained in the Annex to Commission Decision 2001/881/EC, until they are again approved as a border inspection post in accordance with Article 6(2)(a) of Directive 97/78/EC.

Regulatory functions of official fish inspectors
     14. In Parts 3 to 9, and Part 13, where a fishery product is concerned, the expression "official veterinary surgeon" shall be construed as indicating an official fish inspector as defined in regulation 2(1).

(a) it is a transit product; or

(b) its destination establishment is a warehouse in a free zone, a free warehouse or a customs warehouse approved pursuant to Article 12(4)(b) of Directive 97/78/EC, or a ships' store complying with Article 13 of Directive 97/78/EC, located (in each case) outside the United Kingdom.

Prohibition of introduction of products except at border inspection posts
     16.  - (1) No product shall be introduced into England from a third country except at a border inspection post designated and approved for veterinary checks on that product.

    (2) No Article 9 product, the border inspection post of introduction of which is outside the United Kingdom, and the border inspection post of destination of which is in England, shall be introduced into England except at a border inspection post designated and approved for veterinary checks on that product.

    (3) This regulation shall be enforced - 

(a) at points of entry by the Commissioners;

(b) at premises referred to in regulation 4(1)(b) by the Agency; and

(c) at any other place by the local authority.

    (4) In cases where an officer of a local authority, when exercising any statutory function, discovers at a point of entry a consignment or product which he considers may have been introduced in breach of this regulation, he shall notify a customs officer and detain the consignment or product until a customs officer takes charge of it.

    (5) For the purposes of the application of the Customs and Excise Management Act 1979[23] to products introduced in contravention of this regulation, the time of introduction shall be the time of importation in accordance with section 5 of that Act.

Advance notice of introduction or presentation
     17.  - (1) No person shall - 

(a) introduce a product into England from a third country; or

(b) introduce into England an Article 9 product whose border inspection post of destination is in England,

unless notice of its introduction has been given pursuant to this regulation to the official veterinary surgeon at a border inspection post designated and approved for veterinary checks on that product and a copy of it has been sent to the office of the Commissioners responsible for the area in which that border inspection post is situated.

    (2) Where the border inspection post of introduction and the border inspection post of destination of an Article 9 product are both in England, no person shall present the product to a border inspection post unless notice of its presentation has been given pursuant to this regulation to the official veterinary surgeon at a border inspection post of destination designated and approved for veterinary checks on that product and a copy of it has been sent to the office of the Commissioners responsible for the area in which that border inspection post is situated.

    (3) The notice referred to in paragraphs (1) and (2) - 

(a) shall be in the form set out as Part 1 of the common veterinary entry document;

(b) may be supplied in electronic form;

(c) shall be in English and also in an official language of the country of destination in the relevant territories referred to in the notice, if other than the United Kingdom;

(d) shall arrive at the border inspection post - 


(i) at least six working hours, in the case of a product introduced by air; and

(ii) at least one working day, in any other case,



before the product is presented to the official veterinary surgeon at the border inspection post pursuant to regulation 18; and

(e) in the case of a notice given to a border inspection post of destination, shall specify what checks have been carried out at the border inspection post of introduction.

    (4) In paragraph (3) "working hours" means hours during which, and "working day" means a day on which, the border inspection post is open for the presentation of products to the official veterinary surgeon pursuant to regulation 18.

Presentation of products at border inspection posts
     18.  - (1) Any person responsible for a product which is introduced into England from a third country, or for an Article 9 product whose border inspection post of destination is in England which is introduced into England, shall present the product and the required documents, or ensure that the same are presented, without delay to the official veterinary surgeon at the inspection facility of the border inspection post to which notice of the product's introduction or presentation was given pursuant to regulation 17.

    (2) Where the border inspection post of introduction of an Article 9 product is in the United Kingdom and its border inspection post of destination is in England, any person responsible for the product after its removal from the border inspection post of introduction shall present the product and the required documents, or ensure that the same are presented, without delay to the official veterinary surgeon at the inspection facility of the border inspection post of destination to which notice of the product's presentation was given pursuant to regulation 17.

    (3) A person who presents a product, other than a transit product or a product to which Part 8 applies, pursuant to paragraph (1) or (2) shall present the required documents relating thereto drawn up in English.

    (4) A person who presents pursuant to paragraph (1) or (2) a transit product or a product to which Part 8 applies accompanied by a required document in a language other than English, shall present at the same time a translation of the required document into English, authenticated as accurate by an appropriately qualified expert.

Veterinary checks
     19.  - (1) Subject, in the case of transhipped products, to regulation 38, any person required by virtue of regulation 18 to present a product and its required documents, or to ensure that the same are presented, to an official veterinary surgeon shall permit the official veterinary surgeon, or an assistant appointed pursuant to regulation 6(1)(b) or 6(2)(c), to carry out on the product or the required documents, as the case may be - 

(a) a documentary check;

(b) an identity check; and

(c) subject to regulations 41, 46 and 50, a physical check,

and shall render the official veterinary surgeon or assistant such assistance as he may reasonably request to enable him to carry out any of the said checks.

    (2) When a sample of a product is taken in the course of a physical check, no person shall remove the product or cause it to be removed from the border inspection post at which it was presented until the official veterinary surgeon has authorised its removal by issuing Part 2 of the common veterinary entry document for the product or for the consignment or part consignment which includes the product.

    (3) Pending removal pursuant to paragraph (2) the person responsible for the consignment which includes the product shall store it under the supervision of the official veterinary surgeon at such place and under such conditions as the official veterinary surgeon may direct and shall pay the costs of such storage.

Common veterinary entry document to accompany consignment
     20.  - (1) The person responsible for a consignment or part of a consignment in respect of which Part 2 of the common veterinary entrance document has been issued, and any carrier who has charge of it for the time being, shall ensure that the common veterinary entry document accompanies the consignment or part - 

(a) in the case of a consignment or part intended for import, and subject to regulation 37(3), until the consignment or part first reaches, after import, premises where products are stored, processed, handled, bought or sold; and

(b) in all other cases until the consignment or part is no longer subject to supervision by the customs authorities, within the meaning of Article 4(13) of the Customs Code.

    (2) The person who occupies for the purposes of his business the premises referred to in sub-paragraph (1)(a) shall take possession of the common veterinary entry document referred to in paragraph (1) and retain the same at the premises for a period of one year commencing with the day following its arrival there.

Products which fail veterinary checks
     21.  - (1) This regulation applies, subject to regulation 22 - 

(a) where, following a veterinary check at a border inspection post, the official veterinary surgeon there decides that a product (other than a transit product which fulfils the requirements of Part 7 or a product whose destination establishment is referred to in regulation 15(b)) is a non-conforming product, or that there is some other irregularity in relation to the product; and

(b) where, following a veterinary check on a product located away from a border inspection post (other than a transit product which fulfils the requirements of Part 7 or a product whose destination establishment is referred to in regulation 15(b)), an authorised officer decides that the product is a non-conforming product.

    (2) If sub-paragraph (1)(a) applies, the official veterinary surgeon shall serve a notice in writing on the person responsible for the product, and if sub-paragraph (1)(b) applies, the authorised officer shall serve a notice in writing on the person appearing to him to have charge of the product, requiring him either - 

(a) to redispatch the product from the border inspection post, or, if sub-paragraph (1)(b) applies, from a border inspection post indicated in the notice, by the mode of transport by which it was introduced into England, to a destination, agreed with the official veterinary surgeon or the authorised officer, located in a third country within a period of sixty days commencing with the day following the service of the notice; or

(b) to dispose of the product in accordance with Regulation (EC) No. 1774/2002 in the facilities provided for that purpose nearest to the border inspection post or, if sub-paragraph (1)(b) applies, nearest to the location of the product.

    (3) The product must be disposed of in accordance with sub-paragraph (2)(b) where - 

(a) its redispatch is precluded on animal or public health grounds by the results of a veterinary check, or by any animal or public health requirement laid down in a Community instrument in force on the date on which these Regulations are made, or is otherwise impossible; or

(b) the sixty-day period referred to in sub-paragraph (2)(a) has elapsed; or

(c) the person responsible for the product or, if sub-paragraph (1)(b) applies, the owner of the product, agrees immediately to its disposal.

    (4) The person responsible for, or, if sub-paragraph (1)(b) applies, the owner of, a product in respect of which a notice has been served pursuant to paragraph (2) shall ensure that it is stored until redispatch or disposal under the supervision of the official veterinary surgeon or the authorised officer at such place and under such conditions as he may in the notice direct.

    (5) In paragraph (1)(a) "other irregularity" in relation to a product means - 

(a) its introduction into England from a third country, or its presentation to a border inspection post of destination in England, without notice given pursuant to regulation 17;

(b) any false or misleading information contained in a notice given pursuant to regulation 17;

(c) any false or misleading information given pursuant to regulation 45 or 49;

(d) any error, omission or false or misleading information in a required document, and any discrepancy between a required document and - 


(i) the notice of the product's introduction or presentation given pursuant to regulation 17; or

(ii) the product itself; or

(iii) the seals, stamps, marks or labels on the product, on the consignment which includes the product or on the container holding the product or the consignment;



(e) any defect in the product rendering it unfit for the purpose for which, according to the required documents, it is intended;

(f) any defect in the seals, stamps, marks or labels referred to in sub-paragraph (5)(d)(iii), including, in the case of a packaged product, any contravention of the labelling requirements laid down for that product in any directive, decision or regulation listed in Schedule 1;

(g) in the case of a product intended for import, any indication in the required documents that the product does not comply with the import conditions; and

(h) in the case of a non-conforming product which is a transit product, or a product whose destination establishment is referred to in regulation 15(b), any contravention of the requirements laid down for that non-conforming product in any directive, decision or regulation listed in Schedule 1.

    (6) Any person who is aggrieved by a decision referred to in sub-paragraph (1)(a) or (1)(b) may appeal within one month of the decision to a magistrates' court by way of complaint for an order and the Magistrates' Courts Act 1980[24] shall apply to the proceedings.

    (7) Pending the determination of an appeal pursuant to paragraph (6), paragraph (4) shall apply to the storage of the product concerned.

Treatment as animal by-products
     22.  - (1) If the official veterinary surgeon or authorised officer is of the opinion that a product to which regulation 21 applies presents no risk to animal or public health, he may authorise that the product be used in accordance with regulation 26 of the Animal By-Products Regulations 2003[25] notwithstanding paragraphs (2), (3) and (4) of regulation 21.

    (2) The authorisation shall be in writing, may be made subject to conditions, and may be amended, suspended or revoked by notice in writing at any time.

    (3) The authorisation may specify which of the uses in regulation 26 of the Animal By-Products Regulations 2003 is permitted.

Products containing unauthorised substances and excess residues
     23.  - (1) In this regulation - 

(a) "maximum residue limit" means a maximum residue limit listed in Annex I or Annex III to Council Regulation (EEC) No. 2377/90 (laying down a Community procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin)[26]; and

(b) "unauthorised substance" has the same meaning as "unauthorised substance or product" in Council Directive 96/23/EC (on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC)[27].

    (2) This regulation applies where a veterinary check on a consignment from a particular establishment of origin in a third country reveals the presence of an unauthorised substance, or reveals that a maximum residue limit has been exceeded, but no Community measures have yet been adopted in response to this.

    (3) In the circumstances described in paragraph (2), paragraphs (4), (5), (6) and (7) shall apply to those of the next ten consignments introduced into the United Kingdom from that establishment which are introduced into England.

    (4) The official veterinary surgeon at the border inspection post at which any such consignment is introduced shall, by notice in writing served on the person responsible for the consignment, take charge of it and check the residues in the consignment by taking and analysing a representative sample of the products comprised in it.

    (5) Upon service of a notice under paragraph (4), the person responsible for the consignment shall lodge with the official veterinary surgeon a deposit or guarantee sufficient to assure payment of all charges payable in accordance with Part 10 for veterinary checks carried out on the consignment, including the taking of samples, and any laboratory test or analysis carried out on any sample taken.

    (6) If any veterinary check carried out on the consignment reveals the presence of unauthorised substances or their residues or reveals that a maximum residue limit has been exceeded, the official veterinary surgeon shall - 

(a) endorse on the required documents relating to the consignment a clear indication of the reasons for rejecting it; and

(b) redispatch the consignment, or such part of it as the official veterinary surgeon considers affected by the presence of unauthorised substances or their residues or by excess residues, accompanied by the required documents, to its third country of origin.

    (7) The cost of redispatching and transporting the consignment or part to its third country of origin shall be paid by the consignor whose name appears on the notice of the consignment's introduction given pursuant to regulation 17.

Consignments and products illegally introduced
     24.  - (1) This regulation applies - 

(a) where a consignment or product is introduced into England from a third country but is not presented pursuant to regulation 18;

(b) where a consignment or product originating in a third country has been introduced into England from elsewhere in the relevant territories, but has not been presented at a border inspection post there;

(c) where the border inspection post of destination of a consignment of Article 9 products is in England but the consignment is not presented there in accordance with regulation 18(1); and

(d) where a consignment introduced into England is presented to the official veterinary surgeon at a border inspection post not designated and approved for veterinary checks on the products comprised therein.

    (2) In the circumstances described in sub-paragraphs (1)(a), (b) and (c) an authorised officer shall, by notice in writing served on the person appearing to him to have charge of it, and, in the circumstances described in sub-paragraph (1)(d), the official veterinary surgeon shall, by notice in writing served on the person responsible for it, take charge of the consignment or product and either - 

(a) redispatch it, by the mode of transport by which it was first introduced into the relevant territories, to a destination, agreed with the owner, in the circumstances described in sub-paragraphs (1)(a), (b) and (c), or with the person responsible for the consignment, in the circumstances described in sub-paragraph (1)(d), located in a third country within a period of sixty days commencing with the day following the service of the notice; or

(b) dispose of it as if it were Category 1 material under Regulation (EC) No. 1774/2002 in the facilities provided for that purpose nearest to the place at which the authorised officer or official veterinary surgeon takes charge of it.

Products dangerous to animal or public health
     25. If an official veterinary surgeon or an authorised officer considers that a consignment or product from a third country presents a risk to animal or public health he shall, by notice in writing served on the person appearing to him to have charge of it, take charge of it and dispose of it in accordance with regulation 24(2)(b).

Serious or repeated infringements
     26.  - (1) Where the Secretary of State or the Agency reasonably concludes, on the basis of the results of veterinary checks, that products from a particular third country, part of a third country or establishment in a third country are implicated in serious or repeated infringements of any requirement laid down in a Community instrument relating to animal or public health, this regulation shall apply to those of the next ten consignments introduced into the United Kingdom from that third country, part of a third country or establishment, as the case may be, that are introduced into England.

    (2) The official veterinary surgeon at the border inspection post at which any such consignment is introduced shall, by notice in writing served on the person responsible for the consignment, take charge of it and carry out a physical check thereon, including the taking of samples and laboratory tests and analyses.

    (3) Upon service of a notice under paragraph (2) the person responsible for the consignment shall lodge with the official veterinary surgeon a deposit or guarantee sufficient to assure payment of all charges payable in accordance with Part 10 for veterinary checks carried out on the consignment, including the taking of samples, and any laboratory test or analysis carried out on any sample taken.

    (4) If any veterinary check carried out on the consignment reveals an infringement of any requirement laid down in a Community instrument relating to animal or public health, the official veterinary surgeon shall either redispatch or dispose of the consignment in accordance with regulation 21(2).

Invalidation of veterinary documents
     27. Where an official veterinary surgeon or an authorised officer serves a notice requiring redispatch of a product pursuant to regulation 21(2)(a), or takes charge of a consignment pursuant to regulation 24(2)(a), any person who has possession or control of the required documents relating to that product or consignment shall immediately submit them to the official veterinary surgeon or authorised officer, as the case may be, for invalidation.

Costs in respect of products redispatched or disposed of
     28.  - (1) The person responsible for the product or consignment concerned or, where a notice has been served on the person appearing to have charge of the product or consignment, the owner of the product or consignment, or the person on whom a notification of seizure pursuant to the Customs and Excise Management Act 1979 has been served, shall pay on demand the costs of storing, transporting, redispatching and disposing of any product or consignment redispatched or disposed of pursuant to regulation 21, 24, 25 or 26, or any powers exercised under the Customs and Excise Management Act 1979 in the enforcement of regulation 16.

    (2) Any cost referred to in paragraph (1) which is paid by an official veterinary surgeon, an authorised officer, the Secretary of State, a local authority, the Agency or the Commissioners shall be reimbursed on demand by, as the case may be, the person responsible for, or the owner of, the product or consignment.

Operators of landfills
     31.  - (1) The operator of a landfill approved in accordance with regulation 30 shall - 

(a) maintain and operate the premises in accordance with the requirements in paragraph 30(2)(a) and (b) and any conditions of the approval;

(b) ensure that any person employed by him, and any person permitted to enter the premises complies with those requirements and conditions;

(c) comply with the record-keeping requirements contained in Article 9 of Regulation (EC) No. 1774/2002; and

(d) keep equivalent records for material referred to in regulation 29(3).

    (2) The records required to be kept under this regulation may be in written or electronic form and shall be kept for at least two years.

Amendment, suspension and revocation of approvals
     32.  - (1) Where the Secretary of State is satisfied that any condition of the approval is no longer fulfilled, or that the requirements in regulation 30(2)(a) and (b) are not being complied with, or that it is necessary to do so for public or animal health reasons, she may, by notice in writing served on the operator, suspend the approval.

    (2) Where the Secretary of State is satisfied that any condition of the approval should be amended for public or animal health reasons, she may, by notice in writing served on the operator, amend the approval.

    (3) A suspension under paragraph (1) or an amendment under paragraph (2) - 

(a) shall have immediate effect if the Secretary of State is satisfied that it is necessary for it to do so for the protection of public or animal health; and

(b) otherwise shall not have effect for at least twenty-one days following service of the notice.

    (4) The notice in paragraph (1) or (2) shall - 

(a) give the reasons for the suspension or amendment; and

(b) explain the right of the operator of the premises to make written representations to the Secretary of State and to be heard by an independent person appointed by the Secretary of State in accordance with regulation 33.

    (5) Where there is an appeal under regulation 33, an amendment or suspension shall not have effect until the final determination by the Secretary of State in accordance with that regulation unless the Secretary of State considers it necessary for the protection of public or animal health for the amendment or suspension to take effect sooner.

    (6) Where the Secretary of State has suspended an approval, and - 

(a) no appeal is brought in accordance with regulation 33; or

(b) the Secretary of State upholds the suspension following such an appeal,

she may by notice in writing revoke the approval provided that she is satisfied, taking into account all the circumstances of the case, that the premises will not be operated in accordance with the requirements of regulation 30(2)(a) or (b) or the conditions, if any, of the approval.

Appeals
     33.  - (1) A person on whom a notice is served under paragraph (4) of regulation 30 or paragraph (1) or (2) of regulation 32 may within twenty-one days beginning with the day on which the notice is served - 

(a) provide written representations to the Secretary of State; and

(b) give notice in writing that he wishes to appear before and be heard by an independent person appointed by the Secretary of State.

    (2) Where an appellant gives notice of his wish to appear before and be heard by an independent person appointed for the purpose - 

(a) the Secretary of State shall appoint an independent person to hear representations and specify a time limit within which representations to that independent person must be made;

(b) the person so appointed shall not, except with the consent of the appellant, be an officer or servant of the Secretary of State;

(c) if the appellant so requests, the hearing shall be in public;

(d) the independent person shall report to the Secretary of State; and

(e) if the appellant so requests, the Secretary of State shall provide him with a copy of the independent person's report.

    (3) The Secretary of State shall give to the appellant written notification of her final determination and the reasons for it.

Products not intended for the United Kingdom
     36. Where - 

(a) notice of introduction of a product has been given pursuant to regulation 17; and

(b) that notice specifies a member State other than the United Kingdom as the country of destination; and

(c) Part 2 of the common veterinary entry document has been issued in respect of that product, authorising its import - 


(i) into that member State or a particular area thereof in accordance with specific requirements; or

(ii) for specific purposes in accordance with conditions,



which requirements or conditions are laid down for products imported into that member State or particular area, or for products imported for those specific purposes, in any directive, decision or regulation listed in Schedule 1,

no person shall, without reasonable excuse, prevent or delay the transport of that product to that member State.

Products transported under supervision
     37.  - (1) This regulation applies to products intended for import which are required by any directive, decision or regulation listed in Schedule 1 to be transported under veterinary supervision from the border inspection post at which they are first introduced into the relevant territories to their destination establishment.

    (2) No person shall remove a product to which this regulation applies from a border inspection post unless it is contained in a leak-proof container or means of transport which has been sealed by an officer of the Commissioners or by the official veterinary surgeon at that border inspection post.

    (3) The person responsible for a product to which this regulation applies and any carrier who has charge of it for the time being shall ensure that the product is transported without delay to its destination establishment, and that the common veterinary entry document accompanies it until it reaches its destination establishment.

    (4) Where Part 2 of the common veterinary entry document has authorised import of a product to which this regulation applies for specific purposes as described in regulation 36(c)(ii), the person responsible for the product and any carrier who has charge of it for the time being shall ensure that it remains under the supervision of the Commissioners in accordance with the T5 procedure provided for in Articles 471 to 495 of Commission Regulation (EEC) No. 2454/93 (laying down provisions for the implementation of Council Regulation (EEC) No. 2913/92 establishing the Community Customs Code)[28] until it reaches its destination establishment.

    (5) An operator of a destination establishment or an intermediate storage warehouse shall give immediate written notification to the veterinary officer who is responsible on behalf of the Secretary of State or the Agency for the destination establishment or intermediate storage warehouse, as the case may be, of the arrival there of any product to which this regulation applies.

    (6) An operator of a destination establishment shall ensure that a product to which this regulation applies undergoes at the destination establishment the treatment prescribed for it by the relevant directive, decision or regulation listed in Schedule 1.

Transhipment of products intended for import
     38.  - (1) This regulation applies to transhipped products where the border inspection post of introduction is in England.

    (2) As soon as a product to which this regulation applies arrives at the border inspection post of introduction, the person responsible for the product shall notify the official veterinary surgeon there in writing, or in computerised or other electronic form, of the exact location of the product, of the estimated time of its transhipment or unloading, and of its border inspection post of destination.

    (3) Where, according to the notification given pursuant to paragraph (2), a product to which this regulation applies is to be transhipped - 

(a) from one aircraft to another, either directly or after being unloaded in a customs controlled area at the border inspection post of introduction for less than twelve hours; or

(b) from one sea-going vessel to another, either directly or after being unloaded in an area as aforesaid for less than seven days,

any person required by regulation 18 to present the product and its required documents, or to ensure that they are presented, to the official veterinary surgeon at the border inspection post of introduction, shall, if the official veterinary surgeon considers that the product presents a risk to animal or public health, permit the official veterinary surgeon, or an assistant appointed pursuant to regulation 6(1)(b) or 6(2)(c), to carry out a documentary check on the required documents.

    (4) Where a product to which this regulation applies is proposed to be unloaded from an aircraft for twelve hours or more, the person responsible for the product shall ensure that it is stored for not more than 48 hours under the supervision of the official veterinary surgeon at the border inspection post of introduction in a customs controlled area there and is then reloaded onto an aircraft for onward transport to its border inspection post of destination.

    (5) Where a product to which this regulation applies is proposed to be unloaded from a sea-going vessel for seven days or more, the person responsible for the product shall ensure that it is stored for not more than twenty days under the supervision of the official veterinary surgeon at the border inspection post of introduction in a customs controlled area there and is then reloaded onto a sea-going vessel for onward transport to its border inspection post of destination.

    (6) Any person required by regulation 18 to present a product to which paragraph (4) or paragraph (5) applies and its required documents to the official veterinary surgeon at a border inspection post of introduction shall permit the official veterinary surgeon there, or an assistant appointed pursuant to regulation 6(1)(b) or 6(2)(c), to carry out a documentary check on the required documents and, if the official veterinary surgeon considers that the product presents a risk to animal or public health, an identity check of the product against the required documents and a physical check of the product.

    (7) Where a product to which paragraph (4) applies is stored for more than 48 hours after unloading, or a product to which paragraph (5) applies is stored for more than twenty days after unloading, any person required by regulation 18 to present the product and its required documents to the official veterinary surgeon at the border inspection post of introduction, shall permit the official veterinary surgeon there, or an assistant appointed pursuant to regulation 6(1)(b) or 6(2)(c), to carry out in all cases, an identity check of the product against the required documents and a physical check of the product.

Prior authorisation of transit
     40. No person shall introduce a transit product into England from a third country unless the official veterinary surgeon at the border inspection post of entry has previously authorised the transit of that product in writing.

Physical check of transit products
     41. Any person required by regulation 18 to present a transit product, or ensure that it is presented, to the official veterinary surgeon at the border inspection post of entry need permit the official veterinary surgeon, or an assistant appointed pursuant to regulation 6(1)(b) or 6(2)(c), to carry out a physical check on the transit product only if the official veterinary surgeon considers that it presents a risk to animal or public health or reasonably suspects some other irregularity, as defined in regulation 21(5), in relation to the transit product.

Movement of transit products
     42.  - (1) No person shall remove, or cause to be removed, a transit product from the border inspection post of entry unless the person responsible for the product has given a written undertaking to the official veterinary surgeon there to observe and perform the requirements of regulation 43.

    (2) Where, at any time after removal from a border inspection post of entry, a transit product is transported through England by road, rail, waterway or air - 

(a) the person responsible for the transit product and any carrier who has charge of it for the time being shall ensure that it is conveyed in a vehicle or container sealed by the customs or veterinary authorities responsible for the border inspection post of entry, accompanied by its required documents, any translations required under regulation 18(4) and its common veterinary entry document, to the border inspection post of exit under the supervision of the Commissioners in accordance with the external transit procedure referred to in Articles 91 to 97 of the Customs Code;

(b) no person shall break the seals on the vehicle or container in which the transit product is conveyed, or unload the transit product, or split the consignment or part consignment which includes the transit product, or subject the transit product to any form of handling; and

(c) the person responsible for the transit product and any carrier who has charge of it for the time being shall ensure that it leaves the customs territory of the Community at the border inspection post of exit not more than 30 days after removal from the border inspection post of entry (excluding the day of removal).

    (3) No person shall introduce a transit product into a free zone, a free warehouse or a customs warehouse in England.

Disposal of returned transit products
     43.  - (1) If a transit product is returned to England after leaving the customs territory of the Community, the person responsible for the transit product shall either - 

(a) redispatch the transit product from the border inspection post to which it is returned to a third country by the mode of transport by which it was returned within sixty days of its return (excluding the day of return); or

(b) if the circumstances described in paragraph (2) apply, dispose of the product as if it were Category 1 material under Regulation (EC) No. 1774/2002 in the facilities provided for that purpose nearest to the border inspection post to which the product is returned.

    (2) The transit product shall be disposed of in accordance with sub-paragraph (1)(b) where - 

(a) redispatch of the product is precluded on animal or public health grounds by the results of a physical check, or by any animal or public health requirement laid down in a Community instrument in force on the date on which these Regulations are made, or is otherwise impossible;

(b) the sixty day period referred to in sub-paragraph (1)(a) has expired; or

(c) the person responsible for the transit product agrees immediately to its disposal.

    (3) Any person who has possession or control of the required documents or the common veterinary entry document relating to a transit product to which paragraph (1) applies shall submit them for invalidation to the official veterinary surgeon at the border inspection to which the product is returned.

    (4) The person responsible for a transit product to which paragraph (1) applies shall store it until redispatch or destruction under the supervision of the official veterinary surgeon at the border inspection post to which the product is returned at such place and in such conditions as the official veterinary surgeon may direct.

    (5) The person responsible for a transit product to which paragraph (1) applies shall pay the costs of storing, transporting, redispatching and disposing of it.

Additional information to be given in advance
     45.  - (1) No person shall introduce a product to which this Part applies into England, or present such a product to a border inspection post of destination in England, unless the official veterinary surgeon to whom notice of the product's introduction or presentation is given pursuant to regulation 17 has been informed - 

(a) whether the product is intended ultimately for import;

(b) if not, whether it is a transit product; and

(c) in any event whether the product complies with the import conditions.

    (2) The information in paragraph (1) shall be given in writing and may be included in the notice of the product's introduction or presentation given pursuant to regulation 17.

Physical check of non-conforming products
     46. Where the required documents indicate that a product to which this Part applies is a non-conforming product, any person required by regulation 18 to present it, or ensure that it is presented, to the official veterinary surgeon at a border inspection post need permit the official veterinary surgeon, or an assistant appointed pursuant to regulation 6(1)(b) or 6(2)(c), to carry out a physical check on the product only if the official veterinary surgeon considers that it presents a risk to animal or public health.

Exclusion of non-conforming products from warehouses
     47. No person shall introduce a non-conforming product into a warehouse in a free zone, a free warehouse or a customs warehouse in England.

Physical check of returned products
     50. Any person required by regulation 18 to present a returned product, or ensure that it is presented, to the official veterinary surgeon at a border inspection post need permit the official veterinary surgeon, or an assistant appointed pursuant to regulation 6(1)(b) or 6(2)(c), to carry out a physical check on the returned product only if the official veterinary surgeon has reasonable grounds for believing - 

(a) that these Regulations have not been, or are not being, complied with in relation to the returned product;

(b) that the returned product does not comply with the import conditions; or

(c) that the identity or destination of the returned product does not correspond with the information given on any relevant document.

Movement of returned products
     51.  - (1) No person shall remove, or cause to be removed, a returned product from a border inspection post without the written authorisation of the official veterinary surgeon there.

    (2) No person shall remove a returned product from a border inspection post unless it is contained in a leak-proof container or means of transport which has been sealed by an officer of the Commissioners or by the official veterinary surgeon at that border inspection post.

    (3) The person responsible for a returned product removed in accordance with paragraphs (1) and (2), and any carrier who has charge of it for the time being shall ensure that - 

(a) it is conveyed directly to its Community establishment of origin in the sealed leak-proof container or means of transport referred to in paragraph (2); and

(b) its common veterinary entry document accompanies it until the returned product reaches its Community establishment of origin.

    (4) No person shall break the seals on the container or means of transport in which the returned product is conveyed, or unload the returned product, or split the consignment or part consignment which includes the returned product, or subject the returned product to any form of handling, until it reaches its Community establishment of origin.

    (5) The operator of the Community establishment of origin shall give immediate written notification of the arrival there of the returned product to the veterinary officer who is responsible on behalf of the Secretary of State or the Agency for that establishment.

    (2) Where there is an appeal under paragraph (1), the Secretary of State or the Agency, as the case may be, shall consult with the local authority and, if then satisfied that the amount of the charge is unreasonable, shall so inform the local authority, and the local authority shall recalculate the amount of the charge in accordance with any directions given by the Secretary of State or the Agency and repay to the person who has paid the charge the difference between the original charge and the recalculated charge.

Appeals against charges paid to the Secretary of State or the Agency
     58.  - (1) Any person who has paid a charge for veterinary checks to the Secretary of State or the Agency, and any organisation representing such persons, may, within twenty-one days of the charge being made, give notice in writing of his wish to appeal to an independent person appointed by the Secretary of State, or where the charge was paid to the Agency, to an independent person appointed by the Agency on the ground that the amount of the charge is unreasonable.

    (2) Where the charge was paid to the Agency, the functions of the Secretary of State in paragraphs (3) to (4) shall be performed by the Agency.

    (3) Where an appellant gives notice of his wish to appear before and be heard by an independent person appointed for the purpose - 

(a) the Secretary of State shall appoint an independent person to hear representations and specify a time limit within which representations to that independent person must be made;

(b) the person so appointed shall not, except with the consent of the appellant, be an officer or servant of the Secretary of State;

(c) if the appellant so requests, the hearing shall be in public;

(d) the independent person shall report to the Secretary of State; and

(e) if the appellant so requests, the Secretary of State shall provide him with a copy of the independent person's report.

    (4) If the independent person is satisfied that the amount of the charge is unreasonable, the Secretary of State shall recalculate the charge in accordance with any directions given by the independent person and repay to the person who has paid the charge the difference between the original charge and the recalculated charge.

Defence of due diligence
     61.  - (1) In any proceedings for an offence of contravening a provision of the regulations listed in Schedule 4, it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or by a person under his control.

    (2) If in any case the defence provided by paragraph (1) involves the allegation that the commission of the offence was due to an act or default of another person, or to reliance on information supplied by another person, the person charged shall not, without leave of the Court, be entitled to rely on that defence, unless - 

(a) at least seven clear days before the hearing; and

(b) where he has previously appeared, or been brought, before a court in connection with the alleged offence, within one month of his first such appearance,

he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession.

Contraventions
     62. Any person who - 

(a) contravenes a provision of these Regulations, other than - 


(i) the provisions contained in regulations 8(2) and 19(3) referring to payment of costs; and

(ii) the provisions contained in regulations 23(7), 28, 43(5), 45(2) and 55; or



(b) fails to comply with a notice served upon him under these Regulations,

shall be guilty of an offence.

Penalties
     63.  - (1) A person guilty of the offence of contravening regulation 60(a) or (b) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months, or to both.

    (2) A person guilty of any other offence under these Regulations shall be liable - 

(a) on summary conviction to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months or to both;

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.

Offences by bodies corporate
     64.  - (1) Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, a corporate officer of the body corporate, he, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished accordingly.

    (2) For the purposes of this regulation, "corporate officer", in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

    (5) Where the person to be served is a company registered, or a partnership carrying on business, outside the United Kingdom, and the company or partnership has an office within the United Kingdom, the principal office of that company or partnership for the purposes of paragraph 4 shall be its principal office within the United Kingdom.

    (6) If the person to be served with any such notice has furnished the person by whom the notice is to be served with an address pursuant to any provision of these Regulations, that address shall be treated as his proper address for the purposes of this regulation.

    (7) For the purposes of this regulation, "posting" a notice means sending it pre-paid by a postal service which seeks to deliver documents by post within the United Kingdom no later than the next working day in all or the majority of cases, and to deliver documents by post outside the United Kingdom within such period as is reasonable in all the circumstances.

Notification of decisions
     66. Where, under any provision of these Regulations, a decision is taken in relation to a product or consignment, the person taking the decision shall, if so requested, notify the person responsible for the product or consignment in writing of the decision and the reasons for it, together with details of his right of appeal against the decision including the procedure and time limits applicable.

(a) the Importation of Bovine Semen Regulations 1984[32]; and

(b) the Imported Food Regulations 1984[33].

Revocations
     68. The Products of Animal Origin (Third Country Imports) (England) (No. 2) Regulations 2004[34] are revoked.


Whitty
Parliamentary Under Secretary of State, Department for Environment Food and Rural Affairs

1st October 2004



We consent,


Derek Twigg

Jim Murphy
Two of the Lords Commissioners of Her Majesty's Treasury

11th October 2004

[2] 1972 c. 68.back

[3] 1973 c. 51.back

[4] OJ No. L326, 11.12.01, p. 44, as last amended by Commission Decision 2004/608/EC (OJ No. L274, 24.8.2004, p. 15).back

[5] OJ No. L69, 13.3.2003, p. 31.back

[6] OJ No. L302, 19.10.92, p. 1, as last amended by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded (OJ No. L236, 23.9.2003, p. 33) ("the Act of Accession").back

[7] 1979 c. 2.back

[8] OJ No. L62, 15.3.93, p. 49, as last amended by Commission Regulation (EC) No. 445/2004 (OJ No. L72, 11.3.2004, p. 60).back

[9] OJ No. L24, 30.1.98, p. 9, as last amended by the Act of Accession.back

[10] OJ No. L46, 19.2.91, p. 1, as last amended by Council Regulation (EC) No. 806/2003 (OJ No. L122, 16.5.2003, p. 1).back

[11] OJ No. L268, 24.9.91, p. 1, as last amended by Council Regulation (EC) No. 806/2003 (OJ No. L122, 16.5.2003, p. 1).back

[12] OJ No. L268, 24.9.91, p. 15, as last amended by the Act of Accession.back

[13] OJ No. L121, 8.5.2002, p. 6, as read with Commission Regulations (EC) No. 136/2004 (OJ No. L21, 28.1.2004, p. 11) and (EC) No. 745/2004 (OJ No. L122, 26.4.2004, p. 1).back

[14] OJ No. L273, 10.10.2002, p. 1, as last amended by Commission Regulation (EC) No. 668/2004 (OJ No. L112, 19.4.2004, p. 1), and as read with Commission Regulations (EC) No. 811/2003, 812/2003 and 813/2003 (OJ No. L117, 13.5.2003, p. 14, p. 19 and p. 22), Commission Decisions 2003/320/EC, 2003/321/EC, 2003/326/EC and 2003/327/EC (OJ No. L117, 13.5.2003, p. 24, p. 30, p. 42 and p. 44) and Commission Regulation (EC) No. 780/2004 (OJ No. L123, 27.4.2004, p. 64).back

[15] OJ No. L21, 28.1.2004, p. 11.back

[16] S.I. 1995/539, as amended by S.I. 1995/731, 1763, 2148, 2200, 3124, 3189, 1996/1148, 2235, 1997/1729, 2074, 2000/225, 656, 2215, 2001/1512, 1739, 1771, 2601, 3451, 3861, 2002/118 and 889.back

[17] S.I. 1995/540, as amended by S.I. 1995/1763, 2148, 2200, 3205, 1997/1729, 2000/225, 656, 2215, 2001/3399 and 2002/889.back

[18] S.I. 1995/2148, as amended by S.I. 1995/3205 and 2000/656.back

[19] S.I. 1994/3082, as amended by S.I. 1995/539, 1763, 2200, 3205, 1996/1499, 1999/683, 2000/225, 656, 790, 2215 and 2002/118.back

[20] S.I. 1995/3205, as amended by S.I. 1996/3124, 2000/225, 656, 2215, 2001/1512, 1739, 1771, 2601, 3451 and 2002/118.back

[21] OJ No. L306, 23.11.2001, p. 28.back

[22] S.I. 1995/1086, as amended by S.I. 1995/1763, 1996/1499, 1699, 1997/1729, 1998/2424, 2000/656 and 2002/1227.back

[23] 1979 c. 2.back

[24] 1980 c. 43.back

[25] S.I. 2003/1482.back

[26] OJ No. L224, 18.8.90, p. 1, as last amended by Commission Regulation (EC) No. 1646/2004 (OJ No. L296, 21.9.2004, p. 5).back

[27] OJ No. L125, 23.5.96, p. 10, as last amended by Council Regulation (EC) No. 806/2003 (OJ No. L122, 16.5.03, p. 1).back

[28] OJ No. L253, 11.10.93, p. 1, as last amended by Commission Regulation (EC) No. 2286/2003 (OJ No. L343, 31.12.2003, p. 1).back

[29] OJ No. L378, 31.12.82, p. 58, as last amended by Commission Decision 2004/216/EC (OJ No. L67, 5.3.2004, p. 27).back

[30] S.I. 1980/12, as amended by S.I. 1984/1326, 1990/2371, and 1994/2920.back

[31] S.I. 1980/14, as amended by S.I. 1982/948, 1990/2371, 1994/2920 and 1994/3142, and as read with S.I. 1997/322.back

[32] S.I. 1984/1325, as amended by S.I. 1993/1966.back

[33] S.I. 1984/1918, as amended by S.I. 1990/2371, 1997/2537 and 2000/656.back

[34] S.I. 2004/1740.back

  © Crown copyright 2004