7. This Part—
(a)applies in relation to the importation into Scotland from a country outside the European Union of any animal or product and includes situations where the ultimate destination is outside Scotland; and
(b)does not apply in the cases specified in Schedule 3.
8. In this Part, “CVED” means the Common Veterinary Entry Document specified in—
(a)Commission Regulation (EC) No 136/2004 laying down procedures for veterinary checks at Community border inspection posts on products imported from third countries(1); and
(b)Commission Regulation (EC) No 282/2004 introducing a document for the declaration of, and veterinary checks on, animals from third countries entering the Community(2).
9.—(1) If at any time the Scottish Ministers are of the opinion that a border inspection post no longer complies with the requirements for approval for a border inspection post set out in Annex II to Council Directive 97/78/EC laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries(3) or the conditions of the approval, they may serve a notice on the operator—
(a)specifying the breach;
(b)providing a time limit within which the requirements for approval or the conditions of approval must be complied with; and
(c)prohibiting the use of the facilities (or any part of the facilities) until the notice is complied with.
(2) If the notice is not complied with the Scottish Ministers may suspend the approval of the border inspection post.
(3) If the Scottish Ministers consider that the operation of a border inspection post creates a risk to human or animal health they must suspend the approval of the border inspection post.
(4) Where the Scottish Ministers suspend the approval of a border inspection post under paragraph (2) or (3), they must inform the Commission and the other member States of the suspension and the reason for it.
10.—(1) The enforcement authority must appoint suitably trained veterinary surgeons for the purpose of carrying out regulatory functions under these Regulations at border inspection posts.
(2) If the approval for a border inspection post permits the importation of any product for human consumption (other than snails) listed in the Table in Chapter 3 of Annex I to Commission Decision 2007/275/EC, the local authority may appoint suitably trained officers to be official fish inspectors for that post in relation to fish and fishery products, and that inspector has all the powers of an official veterinarian in relation to those products.
11.—(1) No animal or product may be brought into Scotland other than at a border inspection post designated for that animal or product.
(2) In paragraph (1), “designated” means designated in the approval as a border inspection post by the European Commission.
12.—(1) The person responsible for a consignment of animals must notify its arrival to the border inspection post at least one working day before the consignment is due to arrive.
(2) The person responsible for a consignment of products must notify its arrival to the border inspection post before the consignment is unloaded from the means of transport that brought it to Scotland.
(3) The notification must be made by submitting the CVED with Part I completed.
(4) In the case of transhipment of products to another member State, the person responsible for the consignment must notify the official veterinarian at the border inspection post of arrival, at the time of arrival, of—
(a)the estimated time of unloading of the consignment;
(b)the border inspection post at which it will be checked;
(c)the location of the consignment; and
(d)the estimated time of departure.
13.—(1) When a consignment has been unloaded, the person responsible for the consignment must without reasonable delay arrange for it, together with the documentation specified for that consignment by the relevant instrument in Schedule 1, to be presented at the border inspection post inspection facilities to enable the carrying out of—
(a)the checks required by Article 4 of Council Directive 97/78/EC;
(b)the checks required by Article 4 of Council Directive 91/496/EEC; or
(c)the official controls referred to in Article 14(1) of Regulation (EC) No 882/2004.
(2) The official veterinarian may serve on the person responsible for the consignment a notice specifying a reasonable time at which the consignment must be presented for inspection, and that person must comply with such a notice.
(3) The official veterinarian must carry out all necessary checks and controls specified in paragraph (1) and must only issue a CVED permitting entry if—
(a)the consignment complies with the requirements relating to it in the relevant instrument in Schedule 1 and any additional requirements relating to it in Part 2 of Schedule 2;
(b)the importation is not prohibited under paragraph (4); and
(c)the correct fee for the checks has been paid or suitable arrangements have been made to secure future payment.
(4) The official veterinarian must not issue a CVED permitting entry if—
(a)the animals are from a territory or part of a territory of a third country not included in the lists drawn up in accordance with EU legislation for the species concerned or from which imports are prohibited under that legislation;
(b)the animals are suffering from or are suspected to be suffering from or infected by a contagious disease or a disease presenting a risk to human or animal health;
(c)the exporting third country has not complied with the requirements provided for in EU legislation;
(d)the animals are not in a fit state to continue their journey;
(e)the veterinary certificate or document accompanying the animals does not meet the requirements of EU legislation relating to importation; or
(f)the import is prohibited for any other reason provided for in EU legislation.
(5) If there is no EU legislation relating to the consignment, the official veterinarian must not issue a CVED unless importation has been authorised in writing under this paragraph by the Scottish Ministers, who may only grant an authorisation if satisfied that the consignment does not pose a risk to human or animal health, or to the animal health status of the United Kingdom.
(6) The official veterinarian must keep the original certificate accompanying the consignment for three years (except that, if the consignment is refused the official veterinarian must stamp it accordingly, return the original to the importer and keep a copy of it for three years).
14.—(1) No person may remove a consignment from a border inspection post unless the consignment is—
(a)accompanied by a CVED issued by the official veterinarian and the movement is in accordance with the CVED; or
(b)removed from the border inspection post under the authority of the official veterinarian.
(2) Where a consignment is removed from a border inspection post in accordance with paragraph (1)(a) the person transporting it from the border inspection post must ensure that it is transported to the destination specified in the CVED accompanied by its CVED.
15. In the case of a product, if box 30, 31, 33 or 34 of the CVED requires the consignment to be taken to a specific destination in the European Union—
(a)the movement must be under customs supervision if this is specified in the CVED; and
(b)on arrival, the occupier of the premises of consignment must immediately notify the Scottish Ministers of its arrival.
16.—(1) This regulation applies to a consignment brought into a border inspection post in Scotland but which is intended for an ultimate destination outside the United Kingdom.
(2) In the case of an animal consigned to a destination outside the European Union, the person notifying its importation under regulation 12 must provide documentary evidence that the country of destination will accept the animal, and the official veterinarian at the border inspection post may reject the animal if this is not provided.
(3) A consignment of products may be taken directly from the border inspection post (in the case of an airport this must be by air, and in the case of a port this must be by sea) to a destination outside the United Kingdom without a CVED, provided it does not remain at the border inspection post more than 12 hours (in the case of an airport) or seven days (in the case of a port).
(4) If a consignment is intended to be sent to a destination in the European Union, and the importation of the product into the European Union is not permitted, the official veterinarian must reject the consignment.
17. An enforcement authority must seize any consignment—
(a)brought into Scotland other than through a border inspection post approved for that animal or product;
(b)removed from a border inspection post without a CVED or the authority of the official veterinarian at the border inspection post; or
(c)transported from the border inspection post to a destination other than that specified in the CVED.
18.—(1) In the case of a product, if the checks at a border inspection post show that the consignment does not satisfy the conditions in the relevant instrument in Schedule 1 and any additional requirements relating to it in Part 2 of Schedule 2, or where such checks reveal an irregularity, the official veterinarian, after consultation with the person responsible for the consignment, must—
(a)provided there is no risk to human or animal health, permit the use of the consignment as animal by-products in accordance with Regulation (EC) No 1069/2009;
(b)where health conditions permit, require the person in charge of the consignment to redispatch the product outside the European Union from the same border inspection post to a destination agreed with the person responsible for the consignment, using the same means of transport, within a maximum time limit of 60 days; or
(c)if the person responsible for the consignment gives immediate agreement, redispatch is impossible or the 60-day time limit has elapsed, destroy the products.
(2) Pending redispatch or confirmation of the reasons for rejection, the person responsible for the consignment must store the consignment under the supervision of the enforcement authority at the expense of the person responsible for the consignment.
(3) If a consignment of products is seized outside a border inspection post under regulation 17, the enforcement authority must—
(a)dispose of the consignment as Category 1 material in accordance with Regulation (EC) No 1069/2009; or
(b)act in accordance with paragraph (1)(b) or (c) of this regulation.
19. If veterinary checks at a border inspection post indicate that a consignment of products is likely to constitute a danger to animal or human health, the official veterinarian must immediately seize and destroy it at the expense of the person responsible for it.
20.—(1) If veterinary checks in any member State reveal that products entering the European Union 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 import requirement, or where those checks reveal that maximum residue levels have been exceeded, this regulation applies to the next ten consignments brought into Scotland from that third country, part of a third country or establishment.
(2) The official veterinarian must carry out a physical check on the product, and take samples and have them analysed.
(3) The person responsible for the consignment must lodge with the official veterinarian a deposit or guarantee sufficient to assure payment of all charges, including the taking of samples, tests and analysis.
(4) The official veterinarian may refuse to issue a CVED in respect of a consignment to which this regulation applies if the person responsible for the consignment has failed to comply with paragraph (3).
21.—(1) If the checks at a border inspection post show that an animal does not satisfy the conditions in the relevant instrument in Schedule 1 and any additional requirements relating to it in Part 2 of Schedule 2, or where such checks reveal an irregularity, the official veterinarian, after consultation with the importer or the importer’s representative, must—
(a)shelter, feed and water and, if necessary, treat the animal;
(b)if necessary, place it in quarantine or isolate it for so long as is necessary to ensure that there is no risk to human or animal health; or
(c)where animal health or welfare requirements so allow, redispatch it, within a time limit to be set by the official veterinarian, outside the European Union.
(2) If redispatch is impossible, in particular for welfare reasons, the official veterinarian may arrange for the slaughter of the animal.
(3) If an animal is seized under regulation 17, the enforcement authority must isolate it and, following examination of the animal, either—
(a)release the animal from restriction; or
(b)require the animal to be slaughtered or re-exported outside the European Union.
(4) The importer or the importer’s representative is liable for the costs incurred in these measures but is entitled to the slaughter value of the animal after deduction of these costs.
(5) When a horse is imported from a third country under Commission Decision 92/260/EEC, the importer or the importer’s representative must re-export the horse within 90 days of import.
22.—(1) Any person who is aggrieved by a decision referred to in regulation 18 or 21 may appeal to the sheriff against that decision.
(2) An appeal under this regulation—
(a)is to be made by way of summary application; and
(b)must be lodged with the sheriff clerk within the period of 28 days from the day on which the decision was made.
(3) On good cause being shown, the sheriff may hear an appeal under this regulation notwithstanding that it was not lodged within the time mentioned in paragraph (2)(b).
(4) When an application is made, the sheriff may make an order—
(a)suspending the decision until the application is determined; and
(b)making such provision as seems appropriate in relation to the keeping of an animal or the storage of a product until then.
(5) For the purposes of an appeal under this regulation, the sheriff may require the official veterinarian or the enforcement authority, as the case may be, to give reasons for that decision.
(6) The sheriff may uphold an appeal under this regulation only if the sheriff considers that the official veterinarian or the enforcement authority in arriving at the decision—
(a)erred in law;
(b)based the decision on any incorrect material fact;
(c)acted contrary to natural justice; or
(d)exercised discretion in an unreasonable manner.
(7) In considering an appeal under this regulation, the sheriff may hear evidence by or on behalf of any party to the appeal.
(8) On allowing an appeal under this regulation, the sheriff may—
(a)remit the matter to the official veterinarian or the enforcement authority for reconsideration; or
(b)substitute for the decision of the official veterinarian or the enforcement authority another decision which could have been made under the regulation concerned (or where a substituted decision would have no practical effect, make such other order, including an order as to compensation, as seems appropriate in the circumstances).
(9) On remitting a matter under paragraph (8)(a) above, the sheriff may—
(a)specify a date by which the official veterinarian or the enforcement authority must, having reconsidered the matter, make another decision; and
(b)modify any procedural steps which otherwise would be required in relation to the matter by or under these Regulations.
(10) The sheriff may include in the decision on an appeal under this regulation such order as to the expenses of the appeal as the sheriff thinks proper.
(11) The decision of the sheriff is final.
23.—(1) An official veterinarian at a border inspection post must authorise the re-importation of a consignment of products that originated in the European Union and was refused by a third country, if the consignment is accompanied—
(a)by the original certificate or a copy authenticated by the competent authority which issued the certificate accompanying the consignment, together with details of the reasons for refusal and a guarantee that the conditions governing the storage and transport of the consignment have been observed, stating that the products in the consignment have not undergone any handling; or
(b)in the case of sealed containers, by a certificate from the carrier stating that the content has not been handled or unloaded.
(2) The official veterinarian must carry out a documentary and identity check and if necessary a physical check.
(3) The importer must either—
(a)transport the consignment directly to the establishment of origin in the member State where the certificate was issued, in leak-proof means of transport, identified and sealed by the official veterinarian at the border inspection post so that the seals will be broken whenever the container is opened; or
(b)destroy the consignment as animal by-products.
24. No person may bring a consignment of products that does not comply with the import requirements of these Regulations into a warehouse in a free zone, a free warehouse (which have the same meaning as in Title IV, Chapter 3, section 1 of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code(4)) or a customs warehouse.
OJ L 21, 28.1.2004, p.11, as last amended by Commission Regulation (EC) No 206/2009 (OJ L 77, 24.3.2009, p.1).
OJ L 49, 19.2.2004, p.11, as last amended by Commission Regulation (EC) No 585/2004 (OJ L 91, 30.3.3004, p.17).
OJ L 24, 30.1.1998, p.9, as last amended by Council Directive 2006/104/EC (OJ L 363, 20.12.2006, p.352).
OJ L 302, 19.10.92, p.1, as last amended by Council Regulation (EC) No 1186/2009 (OJ L 324, 10.12.2009, p.23).