Re-importation of [F1animals and] productsS
23.—[F2(1) An official veterinarian at a border control post must authorise the re-importation of consignments of the categories of animals and products referred to in points (a) and (b) of Article 47(1) [F3of the Official Controls Regulation] originating from, and returning to, [F4Great Britain] following a refusal of entry by a third country, provided that —
(a)the animals and genetic material have been authorised in advance by the competent authority and comply with the relevant animal health and animal welfare requirements;
(b)the products of animal origin and composite products comply with animal and public health requirements relating to consignments of products for human consumption originating in and returning to [F5Great Britain] following a refusal of entry by a third country; and
(c)the animal by-products comply with the animal health requirements laid down in Annex XIV to Commission Regulation (EU) 142/2011.]
(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 F6..., in leak-proof means of transport, identified and sealed by the official veterinarian at the [F7border control post] so that the seals will be broken whenever the container is opened; or
[F8(b)dispose of any product comprising the consignment in accordance with Regulation (EC) No 1069/2009.]
[F9(4) During the transitional staging period, animals and products that originate from Scotland and which have been rejected from entering the European Union at a member State border control post are not required to re-enter Scotland through a border control post if—
(a)the re-entry has been pre-notified through the appropriate computerised information management system to the Scottish Ministers or Food Standards Scotland; and
(b)Scottish Ministers or Foods Standards Scotland have not notified the importer that the product is high risk or, in the case of animals and products that are high risk, have authorised re-entry other than through a border control post before re-entry is to take place.
(5) In paragraph (4)—
(a)“the transitional staging period” has the same meaning as in paragraph 2 of Annex 6 to the Official Controls Regulation;
(b)“pre-notified” means notification that has been given at least one working day before the expected time of arrival at a point of entry into Scotland or, where the importer can provide evidence of a logistical constraint preventing such notification, by notification at least 4 hours in advance of the expected time of arrival;
(c)“high risk” means the animals or products are suspected of constituting a serious risk to human or animal health or animal welfare.]
Textual Amendments
F1Words in reg. 23 heading inserted (14.12.2019) by The Official Controls (Agriculture etc.) (Scotland) Regulations 2019 (S.S.I. 2019/412), regs. 1(1), 24(21)(a)
F2Reg. 23(1) substituted (14.12.2019) by The Official Controls (Agriculture etc.) (Scotland) Regulations 2019 (S.S.I. 2019/412), regs. 1(1), 24(21)(b)
F3Words in reg. 23(1) inserted (31.12.2020) by The Trade in Animals and Related Products (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/458), regs. 1(3), 2(19)(a)(i)
F4Words in reg. 23(1) substituted (31.12.2020) by The Trade in Animals and Related Products (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/458), regs. 1(3), 2(19)(a)(ii)
F5Words in reg. 23(1) substituted (31.12.2020) by The Trade in Animals and Related Products (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/458), regs. 1(3), 2(19)(a)(iii)
F6Words in reg. 23(3)(a) omitted (31.12.2020) by virtue of The Trade in Animals and Related Products (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/458), regs. 1(3), 2(19)(b)(i)
F7Words in reg. 23(3)(a) substituted (31.12.2020) by The Trade in Animals and Related Products (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/458), regs. 1(3), 2(19)(b)(ii)
F8Reg. 23(3)(b) substituted (1.7.2012) by The Trade in Animals and Related Products (Scotland) Amendment Order 2012 (S.S.I. 2012/198), arts. 1(b), 2(2)