The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019

Amendment to the Trade in Animals and Related Products Regulations 2011 E+W

26.—(1) The Trade in Animals and Related Products Regulations 2011 M1 are amended as follows.

(2) In regulation 2—

(a) in paragraph (1)—

(i) for the definition of “genetic material” substitute—

““genetic material” means any germinal product that includes semen, oocytes and embryos intended for artificial reproduction and hatching eggs;”;

(ii) after the definition of “genetic material” insert—

““health certificate” in these Regulations includes the equivalent of a health certificate in electronic form;

“importer” means the natural or legal person who presents animals or products for importation from outside the United Kingdom;

“intensified official controls” means those controls carried out in accordance with Article 65(4);

“official controls” means activities performed in accordance with Article 2(1) of the EU Regulation;

“premises” includes any place, vehicle, trailer, container, stall, moveable structure, ship or aircraft;”; and

(iii) for the definition of “product” substitute—

““product” means—

(a) any product of animal origin, germinal product, animal by-product, derived product or hay or straw subject to official controls at border control posts; and

(b) any composite product listed in Commission Decision 2007/275 concerning lists of animals and products to be subject to official controls at border inspection posts M2 ;”;

(b) after paragraph (2), insert—

“(3) In these Regulations—

(a) “the EU Regulation” is a reference to Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products M3 ;

(b) “Regulation (EU) No. 2016/1012” is a reference to Regulation (EU) No. 2016/1012 on zootechnical and genealogical conditions for the breeding, trade in and entry into the Union of purebred breeding animals, hybrid breeding pigs and the germinal products thereof M4 ;

(c) any reference to a “border inspection post” is to be read as a reference to a “border control post” as defined in regulation 11; and

(d) any reference to a “CVED” is to be read as a reference to a “CHED” as defined in regulation 10.”.

(3) In regulation 3(2), for the definition of “pet animal” substitute—

““pet animal” has the same meaning as in Article 4(11) of Regulation (EU) 2016/429 on transmissible animal diseases M5 ;”.

(4) In regulation 4, after “with” insert “ the Faroe Islands, Greenland, ”.

(5) In regulation 5—

(a) for the heading substitute— “ Movement of animals or genetic material to or from member States ”;

(b) for paragraph (1) substitute—

“(1) No animal or genetic material may be sent to or brought from a member State unless it is accompanied by an original health certificate.

(1A) No animal product may be sent to or brought from a member State unless it is accompanied by a relevant document.”.

(6) In regulation 6(1), for the words “or genetic material to another” substitute “ , animal product or genetic material to a ”.

(7) In regulation 7—

(a) for the heading substitute— “ Notification of movement of animals and genetic material to and from member States ”,

(b) in paragraph (1)—

(i) for “another” substitute “ a ”; and

(ii) for the words “24 hours” to the end, substitute “ one working day before the expected arrival of the consignment ”;

(c) in paragraph (2), for “another” substitute “ a ”.

(8) In regulation 9, for the words “specified” to the end substitute “ subject to official controls at border control posts ”.

(9) For regulation 10, and the heading to that regulation, substitute—

“Meaning and use of Common Health Entry Document “CHED”

10.— (1) A “Common Health Entry Document” (“CHED”) means a document, or an electronic equivalent, in the format specified in Commission Implementing Regulation (EU) 2019/1715 laying down rules for the functioning of the information management system for official controls and its system components M6 .

(2) Where the imported consignment is required to be accompanied by a CHED to the premises of final destination, the operator responsible for the consignment must complete the relevant parts of the document prior to the physical arrival of the consignment.

(3) The cases where and conditions under which the use of a CHED is required are specified in` Commission Delegated Regulation (EU) 2019/1602 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council concerning the Common Health Entry Document accompanying consignments of animals and goods to their destination M7 .

(4) Where a CHED is required, the operator responsible for the consignment must comply with the provisions of Article 56 of the EU Regulation.

(5) An electronic equivalent refers to a CHED capable of being produced at any time by the person responsible for the consignment ”.

(10) For regulation 11 and the heading to that regulation, substitute—

“Border Control Posts

11.— (1) A border control post is a place, together with the facilities contained at that place, that has been designated by the Secretary of State in accordance with Article 59 and listed by the European Commission in accordance with Article 60 for the performance of the official controls set out in Article 47(1) of the EU Regulation.

(2) If at any time the relevant authority is of the opinion that any part of the inspection facilities at the border control post no longer complies with the requirements for approval, the relevant authority may, in accordance with Articles 61 to 63 of the EU Regulation, serve a notice on the operator—

(a) specifying the breach;

(b) providing a time limit within which the conditions must be complied with; and

(c) prohibiting the use of that part of the facilities until the conditions of the approval are complied with.

(3) If the notice is not complied with, the Secretary of State may suspend the approval in relation to that part of the inspection facilities.

(4) If the operator of a border control post is determined by the relevant authority to be in serious breach of the requirements relating to the performance of official controls for any of the categories of animal or product for which it has been designated, or the conditions of the approval, or if the operation of the border control post creates a risk to human or animal health or animal welfare, the Secretary of State must suspend the approval of the border control post and order its activities to cease for all, or specified, categories of animal or product, and must inform the Commission of the suspension and the reason.

(5) In paragraph (2), “the relevant authority” means—

(a) in relation to animals, the Secretary of State; or

(b) in relation to products, the district council.”.

(11) In regulation 12, for paragraph (4) substitute—

“(4) If the approval for the border control post permits the importation of any fishery products, aquatic invertebrates, live bivalve molluscs, live enchinoderms, live tunicates and live marine gastropods intended for human consumption, the district council may appoint suitably trained environmental health officers or other persons who are appropriately trained to perform official controls or certain tasks related to other official activities, to be official fish inspectors for that post in relation to such products, and any such official fish inspector has all the powers of an official veterinary surgeon in relation to those products.”.

(12) Regulation 14 is amended as follows—

(a) for paragraph (1) substitute—

“(1) The person responsible for a consignment of animals or products must notify the border control post of destination of the expected date of its arrival at the border control post at least one working day before it is due to arrive; but where the person can provide evidence of a logistical constraint preventing such notification, that requirement may be satisfied by notification of its expected time of arrival at least four hours in advance.”;

(b) omit paragraph (2);

(c) for paragraph (4) substitute—

“(4) In the case of a transhipment of products from one border control post to another, the person responsible for the consignment must notify the official veterinary surgeon at the border control post of destination of—

(a) the estimated time of arrival;

(b) the border control post at which the transhipment will be checked;

(c) the identification and location of the consignment; and

(d) the estimated time of departure.”.

(13) For regulation 15 substitute—

“15.— (1) When the consignment has been unloaded, the person responsible for the consignment must with reasonable expedition arrange for it, together with the documentation specified for that consignment in the relevant legislation listed in Schedule 1, to be presented at the border control post inspection facilities to enable official controls in accordance with—

(a) Chapter 5 of the EU Regulation, together with relevant implementing and delegated acts; and

(b) the checks required by Article 37(1) of Regulation (EU) 2016/1012.

(2) Any operator responsible for the consignment must ensure that the consignment is presented for official controls at the border control post at a reasonable time during the working day.

(3) The competent authority must carry out all necessary official controls specified in paragraph (1) and may only issue a CHED permitting entry if—

(a) the consignment complies with the requirements relating to it in the relevant instrument listed in Schedule 1;

(b) the importation is not prohibited under paragraph (4); and

(c) the correct fee for the checks has been or will be paid.

(4) In the case of live animals, the official veterinary surgeon must not issue a CHED 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 legislation of the European Union 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 legislation of the European Union;

(d) the animals are not in a fit state to continue their journey; or

(e) the veterinary certificate or document accompanying the animals does not meet the requirements of legislation of the European Union relating to importation.

(5) If there are no legislative requirements relating to the consignment, the official veterinary surgeon must not issue a CHED unless the importation has been authorised in writing under this paragraph by—

(a) the Food Standards Agency, for any product for which only public health requirements apply; or

(b) the Secretary of State, for any other product.

(6) An authorisation under paragraph (5)(a) may only be granted if the Agency is satisfied that the consignment does not pose a risk to human health.

(7) An authorisation under paragraph (5)(b) may only be granted if the Secretary of State is satisfied that the consignment does not pose a risk to the animal health status of the United Kingdom.

(8) The official veterinary surgeon must retain evidence of authorisation or refusal of a consignment for a period of three years from the date of the importation.”.

(14) For regulation 16, and the heading to that regulation, substitute—

“Removal from the border control post

16.— (1) No person may remove a consignment from the border control post unless it is accompanied by a CHED issued by the official veterinary surgeon, or the official fish inspector (as appropriate) in the case of a consignment of fish, and the movement is in accordance with that document.

(2) The person transporting it from the border control post must ensure that the document accompanies the consignment and must transport it directly to the destination specified therein.

(3) These requirements do not apply if the consignment is removed from the border control post under the authority of the relevant official veterinary surgeon or fish inspector (as appropriate).

(4) In the case of live animals, the person responsible for the transport to the final destination must be in possession of the appropriate transport authorisation in accordance with Article 4 of Council Regulation (EC) 1/2005 on the protection of animals during transport and related operations M8 inside the vehicle.

(5) In this regulation, requirements for a consignment to be “accompanied by a CHED” (and cognate expressions), in relation to a CHED in electronic form, refer to the CHED being capable of being produced at any time by the person responsible for the consignment.”.

(15) For regulation 17, and the heading to that regulation, substitute—

“Supervision and monitoring consignments

17.   Where a consignment is required to be taken under supervision from a border control post to a specific destination in the United Kingdom or a member State —

(a) the movement must be under customs supervision if this is specified in the CHED; and

(b) on arrival, the occupier of the destination premises must immediately notify the Secretary of State of its arrival.”.

(16) In regulation 18—

(a) for paragraph (3) substitute—

“(3) Products that arrive at a border control post for an ultimate destination outside the United Kingdom, and which are subject to animal health check requirements in the relevant legislation listed in Schedule 1, may be taken directly from the border control post to the destination outside the United Kingdom without a CHED, so long as the products do not remain for more than three days at an airport border control post or 30 days at a sea port border control post;”;

(b) after paragraph (3) insert—

“(3A) Products that are not subject to import check requirements, and which arrive at a border control post for an ultimate destination outside the United Kingdom, may be taken directly from the border control post to their destination without a CHED, so long as the products do not remain at the border control post for more than 90 days.”.

(17) In regulation 19, for paragraphs (b) and (c) substitute—

“(b) removed from a border control post without a CHED or the authority of the official veterinary surgeon or official fish inspector (as the case may be) at the post; or

(c) transported from the border control post to a destination other than that specified in the entry document.”.

(18) For regulation 20 substitute—

“20.— (1) This regulation applies in relation to any consignment of a product if the checks at a border control post show that the consignment does not comply with the rules referred to in Article 1(2) of the EU Regulation.

(2) The official veterinary surgeon or the official fish inspector (as appropriate) must, after consultation with the importer or the importer's representative, place the consignment under detention and refuse its entry into the United Kingdom.

(3) The official veterinary surgeon or the official fish inspector (as appropriate) may order the person responsible for the consignment—

(a) to 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) of the EU Regulation, and, where appropriate and provided there is no risk to human or animal health, allocate the consignment for purposes other than those for which it was originally intended;

(b) where health conditions permit, to require the person in charge of the consignment to re-dispatch the product in accordance with Article 72 of the EU Regulation from the same border control post to a destination outside the European Union agreed with the person responsible for the consignment, using the same means of transport, within a maximum time limit of 60 days from arrival at the border control post; or

(c) if the person responsible for the consignment gives immediate agreement, re-dispatch is impossible or the 60-day time limit has elapsed, to destroy the products.

(4) The official veterinary surgeon or official fish inspector (as appropriate) may exceptionally authorise destruction, re-dispatch, special treatment, or any other measure that may be taken in respect of a consignment to be taken in respect of a part of the consignment only, provided that the action taken—

(a) is such as to ensure compliance;

(b) does not pose a risk to human or animal health; and

(c) does not disrupt official control operations.

(5) Pending re-dispatch or confirmation of the reasons for rejection, the person responsible for the consignment must, at that person's own expense, store the consignment under the supervision of the enforcement authority.

(6) If a consignment of products is seized at a place other than a border control post under regulation 19, the enforcement authority must order that such consignment be retained or recalled, and placed under official detention without delay, and paragraphs (2) and (3) of this regulation apply.

(7) The importer or the importer's representative is liable for the costs incurred in any measures taken under paragraphs (2) to (6), but is entitled to payment of a sum equal to the value of the product after deduction of these costs.

(8) The importer or the importer's representative may immediately, and within one working day after notification of the non-compliance, make written representations to the Secretary of State regarding any decision taken under this regulation, and any such representations must be considered and a written response must be given by the Secretary of State within one working day of receiving such representations.”.

(19) For regulation 21 substitute—

“21.   If the official controls at the border control post indicate that the consignment is likely to constitute a danger to animal or human health, the official veterinary surgeon or the official fish inspector (as the case may be) must immediately place the consignment under official detention and order that the person responsible for the consignment destroy it or arrange special treatment in accordance with Article 71 of the EU Regulation at that person's expense.”.

(20) For regulation 22 substitute—

“22.— (1) If the official veterinary surgeon or official fish inspector (as appropriate) suspects that products entering the United Kingdom from a particular third country, part of a third country or establishment in a third country have been the subject of serious contraventions of any import requirement, or contraventions that form part of a series, or where those checks reveal that maximum residue levels have been exceeded, this regulation applies to the next ten consignments, or a net weight of 300 tonnes, whichever is the lowest, imported from that third country, or (as the case may be) the particular part of a third country or establishment to which the suspicion relates.

(2) If the official veterinary surgeon or official fish inspector (as appropriate) has reason to suspect fraudulent or deceptive practices by an operator responsible for a consignment, the Secretary of State may apply intensified official controls.

(3) The official veterinary surgeon or official fish inspector (as appropriate) must carry out a physical check on the suspected non-compliant consignment and take appropriate measures in accordance with Section 3 of Chapter 5 of Title II.

(4) The person responsible for the consignment must lodge with the official veterinary surgeon a deposit or guarantee sufficient to assure payment of all charges, including the taking of samples, and tests or analysis.”.

(21) For regulation 23 substitute—

“23.— (1) If the checks at a border control post show that an animal does not comply with the rules referred to in Article 1(2) of the EU Regulation relating to that animal, or where such checks reveal an irregularity, the official veterinary surgeon must initially place the animal under detention, isolation or quarantine, as appropriate, where it must be kept, cared for or treated under appropriate conditions pending further official decision on the fate of the animal.

(2) Unless immediate action is necessary in order to respond to a risk to human or animal health or animal welfare or to the environment, the official veterinary surgeon may, after consultation with the importer or the importer's representative, order the person responsible for the consignment—

(a) to shelter, feed and water and, if necessary, treat the animal;

(b) if necessary, to 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) to re-dispatch the animal in accordance with Article 72 of the EU Regulation without delay.

(3) If re-dispatch is impossible, in particular for welfare reasons, the official veterinary surgeon may order the importer or the importer's representative to arrange for the slaughter of the animal to spare any avoidable pain, distress or suffering.

(4) If an animal is seized under regulation 19 at a place other than a border control post, the enforcement authority must order the consignment to be retained or recalled, and placed under official detention without delay, and paragraphs (1) and (2) apply.

(5) The official veterinary surgeon may exceptionally authorise partial destruction, re-dispatch, special treatment, or any other measure that may be taken in respect of a consignment of animals to be taken in respect of a part of any such consignment, provided that such action—

(a) is such as to ensure compliance with the import check requirements of the EU Regulation and any relevant Implementing Regulations and Delegated Regulations made under it;

(b) does not pose a risk to human or animal health; and

(c) does not disrupt official control operations.

(6) The importer or the importer's representative is liable for the costs incurred in these measures but is entitled to payment of a sum equal to the slaughter value of the animal after deduction of these costs.”.

(22) In regulation 27—

(a) in the heading, after “of”, insert “ animals and ”;

(b) for paragraph (1) substitute—

“(1) An official veterinary surgeon 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) originating from, and returning to, the Union following a refusal of entry by a third country, provided that—

(a) animals and germinal products that have been authorised in advance by the competent authority comply with the relevant animal health and animal welfare requirements;

(b) 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 the Union following a refusal of entry by a third country; and

(c) animal by-products comply with the animal health requirements laid down in Annex 14 to Commission Regulation (EU)142/2011 for the entry of consignments of animal by-products originating from and returning to, the Union following refusal of entry by a third country M9 .”.

(c) after paragraph (1) insert—

“(1A) In paragraph (1), “Commission Regulation (EU) 142/2011” means Commission Regulation (EU) 142/2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive.”.

(23) For regulation 29 substitute—

“29.— (1) Where the Secretary of State or the Food Standards Agency—

(a) has reasonable grounds for suspecting the existence of a disease, zoonosis, phenomenon or circumstance in a country outside the United Kingdom such that animals or products originating from the whole or part of the country concerned are liable to pose risk to human or animal health, or

(b) is of the opinion that there is serious non-compliance with official control rules under the EU Regulation in relation to imports from the European Union, or equivalent official control rules in countries other than a member State,

the Secretary of State or the Agency may publish a written declaration of the special measures necessary in order to contain the risk to human or animal health or the risk of non-compliant animals or products entering the United Kingdom.

(2) The special measures that Secretary of State or the Agency may require include—

(a) suspension of entry of any animal or product originating in or dispatched from the whole or part of the country concerned;

(b) imposition of conditions requiring that any animals or products—

(i) prior to dispatch, or on arrival, are made the subject of specific treatment or controls;

(ii) be accompanied by an official certificate, an official attestation, or any other evidence (in any format that may be specified) that any import from the European Union complies with established official control rules under the EU Regulation and any relevant Implementing Regulations and Delegated Regulations made under it or equivalent rules in other countries;

(c) such other measures as the Secretary of State or the Agency considers necessary to contain the risk.

(3) The declaration must be published in such manner as the Secretary of State or the Food Standards Agency (as the case may be) thinks fit and may be amended or revoked by further declaration at any time.

(4) No person may import anything into the United Kingdom in breach of any measures mentioned in any such declaration.”.

(24) In regulation 31, after paragraph (2) insert—

“(3) Where the Common Council of the City of London is acting as a local authority or a port health authority, that Council is the enforcement authority for live animal imports in all London Boroughs and within the Heathrow Airport border control post.”.

(25) In regulation 32—

(a) in paragraph (1)(a), after “Secretary of State” insert “ other than at the Heathrow Airport border control post in cases where, in relation to animals, these Regulations are jointly enforced by the Secretary of State and the Common Council of the City of London ”;

(b) in paragraph (2)—

(i) in the opening words, for “inspection post, in relation to animals”, substitute “ control post, in relation to animals (other than in relation to aquatic animals) ”; and

(ii) at the end of sub-paragraph (a), insert “ where the Council is acting as a local authority or a port health authority ”;

(c) after paragraph (2) insert—

“(2A) Outside a border control post, official controls in relation to aquatic animals are enforced by the Secretary of State.”;

(d) in paragraph (4), for “Articles 37 and 38 of Council Regulation (EEC) No 2913/92 laying down the Community Customs Code” substitute “ Article 134 of Council Regulation (EU) No 952/2013 laying down the Union Customs Code M10 ”;

(e) for paragraph (6) substitute—

“(6) Where a customs officer exercising a statutory function at any place under customs supervision discovers any animal or product suspected of being non-compliant, that officer must detain it and notify such detention to an authorised officer of the relevant enforcement authority.”.

(26) For regulation 33 substitute—

“33.— (1) An authorised officer of the Secretary of State or an enforcement agency may at any reasonable hour during normal working hours without prior notice enter any premises (except any premises used wholly or mainly as a private dwelling) if the officer believes that it is necessary to enter for the purpose of enforcing these Regulations.

(2) An authorised officer must, if requested to do so, produce a duly authenticated authorisation document.

(3) A justice of the peace may sign a warrant to permit an enforcement officer to enter any premises, including a dwelling-house, if the justice on sworn information in writing is satisfied—

(a) that there are reasonable grounds to enter those premises for the purpose of enforcing these Regulations; and

(b) that one or more of the conditions in paragraph (4) are met.

(4) The conditions are—

(a) that entry to the premises has been, or is likely to be, refused, and notice of the intention to apply for a warrant has been given to the occupier;

(b) that asking for admission to the premises, or giving such a notice, would defeat the object of the entry;

(c) that entry is required urgently;

(d) that the premises are unoccupied or the occupier is temporarily absent.

(5) A warrant is valid for 30 days from the date of signature by the justice of the peace.

(6) An authorised officer entering any premises which are unoccupied or from which the occupier is temporarily absent must leave them as effectively secured against unauthorised entry as they were before entry.

(7) An authorised officer may—

(a) be accompanied by such other persons (up to a maximum of three) as the officer considers necessary;

(b) bring onto the premises such equipment as the officer considers necessary.”.

(27) In regulation 34, after paragraph (g) insert—

“(h) require the slaughter of any imported animal which is non-compliant with import or animal welfare requirements in these Regulations or the EU Regulation or any Implementing Regulations and Delegated Regulations made under it, or suspected by the Secretary of State of posing a risk to animal or human health;

(i) require the quarantine of any imported animal that is suspected by the Secretary of State of posing a risk to animal or human health.”.

(28) For regulation 35, and the heading to that regulation, substitute—

“Importation of animals or products constituting a risk to animal or public health

35.— (1) If imported animals or products are suspected by the Secretary of State of constituting a serious risk to human or animal health or animal welfare, or, in a case of suspected non-compliance, the animals or products come from a region contaminated by an epizootic disease, an authorised officer of the Secretary of State may require—

(a) an investigation in order to confirm or eliminate that suspicion;

(b) an investigation into the extent of any suspected non-compliance and to establish the import operator's responsibilities;

(c) intensified official controls on consignments of animals or products from a particular region until such imports are no longer regarded by the officer as constituting such health risk;

(d) the official detention of any of the animals or products;

(e) appropriate measures to ensure that the person responsible for the animals or products remedies the non-compliance and prevents further occurrences of such non-compliance.

(2) In a case within paragraph (1)(a), the importer must assist the officer with establishing the region of origin.

(3) Where the Secretary of State is satisfied that imported animals or products constitute a risk to animal or public health, an authorised officer of the Secretary of State may, following written notice, take any reasonable action to ensure compliance with any rules laid down in accordance with Article 1(2) of the EU Regulation, including—

(a) taking samples for testing and ordering or performing veterinary treatments on animals;

(b) ordering the unloading of animals and their transfer via another means of transport to a specified holding for a specified quarantine period (whether or not involving the postponement of the slaughter of animals);

(c) the slaughter or killing of animals, provided that this is the most appropriate measure to safeguard human health as well as animal health and welfare;

(d) restricting or prohibiting the placing on the market, the movement or the export of the animal or product, or requiring its return to the country of dispatch;

(e) ordering the importer to increase the frequency and thoroughness of systematic checks and controls before importing further animals or goods from the same region;

(f) ordering the isolation or closure, for an appropriate period of time, of all or part of a business operation (including any related internet and on-line sales of products that may constitute a risk to animal or human health) affected by the importation of an animal or product that constitutes a risk to animal or human health;

(g) the recall, withdrawal, removal or destruction of products;

(h) the treatment of products for human consumption, the alteration of labels or the provision of corrective information to consumers;

(i) the temporary suspension or withdrawal of the registration or approval of an affected establishment, plant, holding or means of transport concerned, or of an authorisation of a transporter;

(j) the use of the products for purposes other than those for which they were originally intended.

(4) An authorised officer of the Secretary of State must provide an affected business operator, or its representative, with—

(a) written notification of the decision concerning the action or measure to be taken in accordance with this regulation, together with the reasons for that decision; and

(b) information on any right of review against such decision in accordance with regulation 35A.

(5) All expenditure incurred as a result of actions taken by or on behalf of the Secretary of State under this regulation is to be borne by the responsible operator.

(6) In the case of the issue of false or misleading official certificates in England, or where there is evidence of abuse of official certificates, an authorised officer of the Secretary of State may take appropriate measures, including—

(a) the temporary suspension of the certifying officer from certifying any certificates related to any relevant trade;

(b) the withdrawal of the authorisation of a person to sign official certificates;

(c) any other measure believed by the officer to be necessary to prevent a reoccurrence of any non-compliance or abuse.”.

(29) After regulation 35 insert—

“Review of decisions by an appointed person

35A.— (1) Any person aggrieved by a decision made under these Regulations, other than any decision referred to in regulations 20 or 23, may request a review of that decision by a person appointed by the Secretary of State (“the appointed person”).

(2) Within 21 days of the appointment of the appointed person, written representations may be made by the aggrieved person to the appointed person.

(3) The appointed person must consider any written representations made when reviewing the disputed decision and must report in writing to the Secretary of State within 21 days from the expiry of the period in paragraph (2) with a recommended course of action resulting from the review.

(4) The Secretary of State must consider the report of the appointed person and promptly notify the owner of the outcome of the review and provide a copy of the report of the appointed person.

(5) A review, or right of review, does not affect the obligation on the designated authority to take prompt action to eliminate or contain the risks to human or animal health.”.

(30) In regulation 36, after the words “these Regulations”, in each place where they occur, insert “ or the EU Regulation ”.

(31) For regulation 38, substitute—

“38.   The Secretary of State must charge a fee in relation to any official control activity in accordance with the charging provisions contained in Chapter 6, Title 2 of the EU Regulation, and such fee is payable by the operator responsible for the consignment or its representative.”.

(32) In regulation 39, in the first entry of the table—

(i) for “regulation 5(1)” substitute “ regulation 5(1) and (1A) ”; and

(ii) in the second column, for the description of the offence substitute—

“Movements without correct accompanying document”.

(33) For regulation 42 substitute—

“42.   A person guilty of any offence under these Regulations is liable on summary conviction to a fine.”.

(34) In regulation 43, for paragraph (2) substitute—

“(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how member States implement the provisions of the EU Regulation and Regulation (EU) No 2016/1012.”.

(35) In Schedule 1—

(a) omit the entries in both columns relating to—

(i) 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;

(ii) Commission Regulation (EC) No 136/2004 laying down procedures for veterinary checks at Community border inspection posts on products imported from third countries;

(iii) Regulation (EC) No 854/2004 of the European Parliament and the Council laying down specific hygiene rules for the organisation of official controls on products of animal origin intended for human consumption;

(iv) Regulation (EC) No 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules; and

(v) Regulation (EC) No 767/2009 of the European Parliament and of the Council of 13 July 2009 on the placing on the market and use of feed;

(b) after the item ‘Regulation (EU) 2016/1012’, in the first column insert— “ Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products and the Implementing Regulations and Delegated Regulations made under it ”;

(c) in the second column, in relation to the entry inserted by sub-paragraph (b), insert— “ Official controls and other official activities ”.

(36) In Schedule 2—

(a) in the heading to Part 1, for “between” substitute “ with ”;

(b) in paragraph 2—

(i) omit sub-paragraph (1);

(ii) for sub-paragraph (2) substitute—

“(2) No person may transport cattle, pigs, sheep or goats to a member State unless authorised by the Secretary of State in accordance with Article 11 of the Council Regulation (EC) No 1/2005 on the protection of animals during transport and related operations M11 .”;

(c) in paragraph 3, for “between” substitute “ to or from ”;

(d) in paragraph 3, at the end insert “ and are exempt from the requirement in regulation 7(2) to provide one working day's notice to the Secretary of State in advance of the intended arrival of the consignment ”;

(e) in paragraphs 4 and 5(4), for “between” substitute “ with ”;

(f) in paragraph 5(4), after “ova” insert “ , semen ”;

(g) in paragraph 7, for “another member State, or brought into England from another”, substitute “ a member State, or brought into England from a ”;

(h) in paragraph 9(1), after the words “authority for”, insert “ the import of certain birds and quarantine conditions for the purposes of ”;

(i) in paragraph 10, for the words “Commission Decision” to “registered horses”, substitute “ Commission Implementing Regulation (EU) 2018/659 on the conditions for the entry into the Union of live equidae and of semen, ova and embryos of equidae M12 ”;

(j) for paragraph 11, and the heading to that paragraph, substitute—

“Ship supply

11.— (1) A product that does not comply with import requirements and is sent from a border control post to a ship must be accompanied by the relevant health certificate relating to that product, and the master of the vessel must confirm delivery of the product by signing a certificate which must accompany the consignment to its place of destination.

(2) Within 15 days of completion of delivery of products on board the vessel, the operator responsible for the delivery, or the representative of the master of the vessel, must send the official certificate signed by the master of the vessel (or send by electronic means and systems) to the competent authorities of the border control post of entry or the approved Customs warehouse.”;

(k) omit paragraph 12.

(37) In Schedule 3—

(a) for paragraph 2 (Case 1: Personal imports and small consignments) substitute—

“(2) Products referred to in Article 7 and Article 10 of the Commission Delegated Regulation adopted in accordance with Articles 48(d) and (e) of the EU Regulation M13 .”;

(b) in paragraph 4 (Case 3)—

(i) for the heading substitute “ Research and diagnostic samples ”,

(ii) for sub-paragraphs (1) to (4) substitute—

“(1) Research and diagnostic samples as defined in point (38) of Annex 1 to Regulation (EU) No 142/2011 M14 are exempt from veterinary checks at the border control post, provided that they have been authorised in advance by the Secretary of State and the consignment is sent directly from the point of entry to the authorised user.

(2) In relation to such samples arriving in the United Kingdom and destined for a member State—

(a) the importer or importer's representative must present research and diagnostic samples at a border control post of entry; and

(b) the competent authority of the border control post must inform the competent authority of the member State of destination of the arrival of the samples.”;

(c) in the heading to paragraph 5, for “another” substitute “ a ”;

(d) in paragraph 5, for “another”, in the first place where it occurs, substitute “ a ”;

(e) after paragraph 7, insert—

“Case 7: Invertebrate animals intended for scientific purposes

1.— (1) Invertebrate animals intended for scientific purposes such as research, educational activities or research related to product development activities are exempt from official controls at border control posts, other than controls carried out in accordance with Article 15(2) of Regulation (EU) No 1143/2014 M15 , provided that—

(a) they comply with all requisite animal health requirements;

(b) they have been authorised by the Secretary of State;

(c) when the activities relating to the scientific purposes have been carried out, they and any products derived from them, with the exception of any portions used for the scientific purposes, must be disposed of or re-dispatched to the third country of origin.

(2) Paragraph (1) does not apply to honey bees (Apis mellifera), bumble bees (Bombus spp), molluscs belonging to the phylum Mollusca or crustaceans belonging to the subphylum Crustacea.”.

Commencement Information

I1 Reg. 26 in force at 14.12.2019, see reg. 1(1)

Marginal Citations

M1 S.I. 2011/1197, amended by S.I. 2012/2897, 2013/2996, 2014/3158, 2018/575 and 1037, 2019/526 and 782.

M2 OJ No. L 116, 4.5.2007, p.9.

M3 OJ No. L 95, 7.4.2017, p.1, amended by Commission Delegated Regulation (EU) 2019/478 (OJ No. L 82, 25.3.2019, p.4).

M4 OJ No. L 171, 29.6.2016, p.66.

M5 OJ No. L 84, 31.3.2016, p.1.

M6 OJ No. L 261, 14.10.2019, p.37.

M7 OJ No. L 250, 30.9.2019, p.6.

M8 OJ No. L 3, 5.1.2005, p.1.

M9 OJ No. L 54, 26.2.2011, p.1, last amended by Commission Regulation 2019/1177, OJ L 185, 11.7.2019, p.26.

M10 OJ No. L 269, 10.10.2013, p.1, last amended by Regulation 2019/632 of the European Parliament and of the Council (OJ No. L 111, 25.4.2019, p.54).

M11 OJ No. L 3, 5.1.2005, p.1.

M12 OJ No. L.110, 30.4.2018, p.1.

M13 The Commission Delegated Regulation was adopted in Brussels on 10.10.2019 under reference C(2019) 7007 final, but the instrument has not yet been published in the Official Journal.

M14 OJ No. L 54, 26.2.2011, p.1, last amended by OJ L. 185, 11.7.2019, p.26.

M15 OJ No. L. 317, 4.11.2014, p.35.