The Trade in Animals and Related Products (Wales) Regulations 2011

Action following failure of checks or seizure — products E+W

[F1 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 [F2 Chapter 5 of Title 2] of the [F3 Official Controls Regulation].

(2) The official veterinary surgeon or the official fish inspector (as appropriate) must, after consultation with the importer or the importer’s representative, [F4 and in accordance with Article 68(1)(b) of the Official Controls Regulation,] place the consignment under detention and refuse its entry to [F5 Wales].

(3) The official veterinary surgeon or the official fish inspector (as appropriate) [F6 must] order the person responsible for the consignment—

(a) subject the consignment to special treatment in accordance with Article 71(1) and (2) of the [F3 Official Controls Regulation] or to any other measure necessary to ensure compliance with the rules referred to in [F7 Chapter 5 of Title 2] of the [F3 Official Controls 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 [F3 Official Controls Regulation] from the same border control post to a destination outside [F8 Great Britain] agreed with the person responsible for the consignment, using the same means of transport, within a maximum time limit of 60 days [F9 of the date of the official notification of the decision of the enforcement authority after arrival of the consignment] 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 outside 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) F10 ... .

F11 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F1 Reg. 20 substituted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(18)

F2 Words in reg. 20(1) substituted (31.12.2020) by The Trade in Animals and Related Products (Wales) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1612), regs. 1(3), 15(b)

F3 Words in reg. 20 substituted (31.12.2020) by The Trade in Animals and Related Products (Wales) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1612), regs. 1(3), 15(a)

F4 Words in reg. 20(2) inserted (31.12.2020) by The Trade in Animals and Related Products (Wales) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1612), regs. 1(3), 15(c)(i)

F5 Word in reg. 20(2) substituted (31.12.2020) by The Trade in Animals and Related Products (Wales) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1612), regs. 1(3), 15(c)(ii)

F6 Word in reg. 20(3) substituted (31.12.2020) by The Trade in Animals and Related Products (Wales) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1612), regs. 1(3), 15(d)(i)

F7 Words in reg. 20(3)(a) substituted (31.12.2020) by The Trade in Animals and Related Products (Wales) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1612), regs. 1(3), 15(d)(ii)

F8 Words in reg. 20(3)(b) substituted (31.12.2020) by The Trade in Animals and Related Products (Wales) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1612), regs. 1(3), 15(d)(iii)(aa)

F9 Words in reg. 20(3)(b) substituted (31.12.2020) by The Trade in Animals and Related Products (Wales) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1612), regs. 1(3), 15(d)(iii)(bb)

F10 Words in reg. 20(7) omitted (20.3.2020) by virtue of The Trade in Animals and Related Products (Wales) (Amendment) Regulations 2020 (S.I. 2020/177), regs. 1, 2(3)(a)

F11 Reg. 20(8) omitted (20.3.2020) by virtue of The Trade in Animals and Related Products (Wales) (Amendment) Regulations 2020 (S.I. 2020/177), regs. 1, 2(3)(b)