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 (the IMSOC Regulation).

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 part of the document for the complete identification of the consignment and the place of destination.

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

A border control post is a place (together with the facilities at that place) designated by the Scottish Ministers in accordance with Article 59 of the EU Regulation for the purpose of the performance of official controls as specified in Article 47(1) of that Regulation.

If the notice is not complied with, the Scottish Ministers may suspend the approval in relation to that part of the inspection facilities.

Where the Scottish Ministers suspend the approval of a border control post under paragraph (3) or (4), they must inform the European Commission and the member States of the suspension and the reason for it.

The enforcement authority must appoint suitably trained veterinary surgeons for the purpose of carrying out regulatory functions under these Regulations at border inspection posts.

If the approval for a border inspection post permits the importation of F7fishery products, aquatic invertebrates, live bivalve molluscs, live enchinoderms, live tunicates and live marine gastropods intended for human consumption, 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.

No animal or product may be brought into Scotland other than at a border inspection post designated for that animal or product.

In paragraph (1), “designated” means designated in the approval as a border inspection post by the European Commission.

The person responsible for a consignment of animals or products must notify the border control post of the expected date of its arrival at the border control post at least one working day before it is due to arrive.

Where the person responsible for a consignment of animals or products can provide evidence of a logistical constraint preventing the notification under paragraph (1), that requirement may be satisfied by notification of its expected time of arrival at least four hours in advance.

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The notification must be made by submitting the CVED with Part I completed.

Operators 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.

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

An authorisation under paragraph 5(b) may only be granted if the Scottish Ministers are satisfied that the consignment does not pose a risk to human or animal health, or to the animal health status of the United Kingdom.

The official veterinarian must retain evidence of authorisation or refusal of a consignment for a period of three years from the date of the importation.

No person may remove a consignment from a border control post unless it is accompanied by a CHED, or its electronic equivalent, issued by the official veterinarian, or the official fish inspector in the case of a consignment of fish and fishery products, and the movement is in accordance with that document.

The person transporting a consignment from a border control post must ensure that the CHED accompanies the consignment and must transport it directly to the destination specified therein.

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

In the case of live animals, the person responsible for transporting the animals to the final destination must have the appropriate transport authorisation in accordance with Article 4 of Council Regulation (EC) 1/2005 inside the vehicle.

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.

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.

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.

Product 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.

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.

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.

The official veterinarian or the official fish inspector (as appropriate) must place the consignment under detention and refuse its entry into Scotland.

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

If a consignment of products is seized outside a border control post under regulation 17, the enforcement authority must order that the consignment be retained or recalled, and placed under official detention without delay, and paragraphs (2) and (3) of this regulation apply.

The importer or the importer’s representative is liable for the costs incurred in carrying out any measure taken under paragraphs (2) to (6) but, in circumstances where the consignment is destroyed, is entitled to payment of a sum equal to the value of the product after deduction of these costs.

The importer or the importer’s representative may not later than 24 hours after notification of the non-compliance, make written representations to the Scottish Ministers regarding any decision taken under this regulation, and the Scottish Ministers must respond in writing to the representations within 24 hours after receiving them.

This regulation applies to the next ten consignments, or to consignments with a net weight of 300 tonnes, whichever is the lesser.

The Scottish Ministers may apply intensified official controls where the official veterinarian or official fish inspector has reason to suspect fraudulent or deceptive practices by the operator responsible for a consignment.

The official veterinarian or official fish inspector must carry out a physical check on the suspected non-compliant consignment and take appropriate measures in accordance with Section 3 of Chapter 5 under Title 2.

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

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 veterinarian 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.

If re-dispatch is impossible, in particular for animal welfare reasons, the official veterinarian may order the importer or the importer’s representative to arrange of the slaughter of the animal to spare any unavoidable pain, distress or suffering.

If an animal is seized outside 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.

The Scottish Ministers must consider any representations made within 24 hours of notification of the non-compliance by the person responsible for the consignments.

The importer or the importer’s representative is liable for the costs incurred in carrying out any measure taken under paragraphs (2) to (5) but, in circumstances where an animal is slaughtered, is entitled to payment of a sum equal to the slaughter value of the animal after deduction of these costs.

Any person who is aggrieved by a decision referred to in regulation 18 or 21 may appeal to the sheriff against that decision.

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).

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.

In considering an appeal under this regulation, the sheriff may hear evidence by or on behalf of any party to the appeal.

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.

The decision of the sheriff is final.

The official veterinarian must carry out a documentary and identity check and if necessary a physical check.