TITLE IIOFFICIAL CONTROLS AND OTHER OFFICIAL ACTIVITIES F5...
CHAPTER VOfficial controls on animals and goods entering F9Great Britain
Words in Title 2 Ch. 5 title substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 9(1) (with reg. 46)
Section IIIAction in the event of suspicion of Non-compliance and of Non-compliance of animals and goods entering F1Great Britain
Article 66Measures to be taken in cases of non-compliant consignments entering F11Great Britain
1
The competent authorities shall place under official detention any consignment of animals or goods entering F8Great Britain which does not comply with the rules referred to in Article 1(2) and shall refuse its entry into F8Great Britain.
The competent authorities shall isolate or quarantine, as appropriate, any such consignment and the animals belonging to it shall be kept, cared for or treated under appropriate conditions pending any further decision. If possible, the competent authorities shall also take into account the interest of providing special care in respect of certain types of goods.
2
3
The competent authority shall, as regards the consignment referred to in paragraph 1 order, without delay, the operator responsible for the consignment to:
a
destroy the consignment;
b
re-dispatch the consignment outside F6Great Britain in accordance with Article 72(1) and (2); or
c
subject the consignment to special treatment in accordance with Article 71(1) and (2) or to any other measure necessary to ensure compliance with the rules referred to in Article 1(2), and, where appropriate, allocate the consignment for purposes other than those for which it was originally intended.
Any action referred to in points (a), (b) and (c) of the first subparagraph shall be performed in compliance with the rules referred to in Article 1(2), including in particular, as regards consignments of live animals, those intended to spare animals any avoidable pain, distress or suffering.
When the consignment consists of plants, plant products or other objects, points (a), (b) and (c) of the first subparagraph shall be applied either to the consignment or to lots thereof.
Before ordering the operator to take action in accordance with (a), (b) and (c) of the first subparagraph, the competent authority shall hear the operator concerned, unless immediate action is necessary in order to respond to a risk to human, animal or plant health, animal welfare or, as regards the GMOs and plant protection products, also to the environment.
4
Where the competent authority orders the operator to take one or more of the actions laid down in point (a), (b) or (c) of the first subparagraph of paragraph 3, that competent authority may exceptionally authorise the action to be taken in respect of a part of the consignment only, provided that the partial destruction, re-dispatch, special treatment, or other measure:
a
is such as to ensure compliance;
b
does not pose a risk to human, animal or plant health or to animal welfare or, as regards GMOs and plant protection products, also to the environment; and
c
does not disrupt official control operations.
5
The competent authorities shall immediately notify any decision to refuse entry of a consignment as provided for in paragraph 1 of this Article, and any order issued in accordance with paragraphs 3 and 6 of this Article and with Article 67 to:
F4a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
the competent authorities of the other F7constituent territories of the British Islands;
c
the customs authorities;
d
the competent authorities of the third country of origin; and
e
the operator responsible for the consignment.
That notification shall be performed via the F10appropriate computerised information management system.
6
If a consignment of the categories of animals or goods referred to in Article 47(1) is not presented for the official controls referred to therein, or is not presented in accordance with the requirements laid down in Articles 50(1) and (3), 56(1), (3) and (4), or with the rules adopted under Article 48, Article 49(4), Article 51, Article 53(1) and Article 58, the competent authorities shall order that such consignment be retained or recalled, and placed under official detention without delay.
Paragraphs 1, 3 and 5 of this Article shall apply to such consignments.
7
The measures referred to in this Article shall be applied at the expense of the operator responsible for the consignment.
Words in Title 2 heading omitted (31.12.2020) by virtue of The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 4(1) (with reg. 46)