The Products of Animal Origin (Third Country Imports) (Wales) Regulations 2005

PART 1 Introduction

Title, commencement and extent

1.  These Regulations may be cited as the Products of Animal Origin (Third Country Imports) (Wales) Regulations 2005; they apply in relation to Wales only and come into force on 15 March 2005.

Interpretation

2.—(1) In these Regulations—

“the Agency” (“yr Asiantaeth”) means the Food Standards Agency;

“Article 9 product” (“cynnyrch Erthygl 9”)means a product from a third country which is first introduced into the relevant territories at one border inspection post but is intended for import via another, as described (in relation to consignments) in Article 9(1) of Directive 97/78/EC, whether or not the product is transhipped or unloaded at the first border inspection post;

“authorised officer” (“swyddog awdurdodedig”) means a person who is authorised by the National Assembly for Wales, a local authority or the Agency, either generally or specially, to act in matters arising under these Regulations, whether or not that person is an officer of the National Assembly for Wales or of a local authority or the Agency;

“border inspection post” (“safle arolygu ar y ffin”) means—

(a)

a border inspection post which is included in the list contained in the Annex to Commission Decision 2001/881/EC(1); or

(b)

a border inspection post in the Republic of Iceland or the Kingdom of Norway which is included in the list contained in the Annex to Decision No. 86/02/COL of the European Free Trade Association Surveillance Authority;(2)

“border inspection post of destination” (“safle arolygu ar y ffin ar gyfer cyrchfan”) means the border inspection post via which an Article 9 product is intended for import;

“border inspection post of introduction” (“safle arolygu ar y ffin are gyfer cyflwyno”) means the border inspection post at which an Article 9 product is first introduced into the relevant territories;

“carrier who has charge for the time being” (“cludydd sydd â gofal am y tro”) of a product, consignment or part of a consignment includes the driver of any vehicle, the pilot of any aircraft and the master of any vessel (but not the driver of any train) transporting the same;

“the Commissioners” (“y Comisiynwyr”)means the Commissioners of Customs and Excise;

“common veterinary entry document” (“dogfen fynediad filfeddygol gyffredin”) means a document in the form set out in Annex III to Regulation (EC) No. 136/2004;

“Community establishment of origin” (“sefydliad tarddiad Cymunedol”) means the premises located in a member State at which a returned product attained the form in which it was originally exported from the relevant territories;

“consignment” (“llwyth”) means a quantity of products of the same type covered by the same veterinary certificate or veterinary document, or other document provided for by veterinary legislation, conveyed by the same means of transport and coming from the same third country or part of a third country;

“corporate officer” (“swyddog corfforaethol”) means a director, manager, secretary or other similar officer of a body corporate, or a person who purports to act in any such capacity;

“the Customs Code” (“y Cod Tollau”) means Council Regulation (EEC) No 2913/92 (establishing the Community Customs Code)(3);

“customs officer” (“swyddog tollau”)means an officer as defined in section 1(1) of the Customs and Excise Management Act 1979(4) (a person commissioned by the Commissioners);

“the customs territory of the Community” (“tiriogaeth dollau'r Gymuned”) has the same meaning as in Article 3 of the Customs Code;

“customs warehouse” (“warws y tollau”) means a warehouse which fulfils the conditions of Articles 98 to 113 of the Customs Code, in which goods are stored subject to the customs warehousing procedure referred to in those Articles;

“destination establishment” (“sefydliad gyrchfan”) in relation to a product, means the establishment identified in the “Country of destination” entry on the notice of the product’s introduction or presentation given pursuant to regulation 17;

“Directive 92/118/EEC” (“Cyfarwyddeb 92/118/EEC”) means Council Directive 92/118/EEC (laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A (I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC)(5);

“Directive 97/78/EC” (“Cyfarwyddeb 97/78/EC”) means Council Directive 97/78/EC (laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries)(6);

“documentary check” (“gwiriad dogfennol”) means the examination of the veterinary certificates or veterinary documents or other documents accompanying a consignment, carried out in accordance with Article 4(3) of Directive 97/78/EC and Annex I to Regulation (EC) No. 136/2004;

“fishery products” (“cynhyrchion pysgodfeydd”) means all seawater and freshwater animals, whether or not live, including—

(a)

aquaculture animals and aquaculture products as defined in Article 2 of Council Directive 91/67/EEC (concerning the animal health conditions governing the placing on the market of aquaculture animals and products)(7),

(b)

bivalve molluscs as defined in Article 2(1) of Council Directive 91/492/EEC (laying down the health conditions for the production and the placing on the market of live bivalve molluscs)(8),

(c)

echinoderms, tunicates and marine gastropods, and

(d)

fishery products and aquaculture products as defined in Article 2 of Council Directive 91/493/EEC (laying down the health conditions for the production and the placing on the market of fishery products)(9);

but excludes aquatic mammals, reptiles and frogs, and parts thereof;

“free circulation” (“cylchrediad rhydd”) has the same meaning as in Articles 23(2) and 24 of the Treaty establishing the European Community;

“free warehouse” (“warws rydd”) and “free zone” (“parth rhydd”) have the same meanings as in Title IV, Chapter 3, Section 1 of the Customs Code;

“hay” (“gwair”) means any grass, clover, lucerne or sainfoin which has been dried either naturally or artificially, and includes any product which is obtained by so drying any grass, clover, lucerne or sainfoin;

“identity check” (“gwiriad adnabod”) means a check by visual inspection to ensure that the veterinary certificates or veterinary documents or other documents accompanying a consignment tally with the products comprised in the consignment, carried out in accordance with Article 4(4)(a) of Directive 97/78/EC;

“import” (“mewnforio”), as a noun, means release for free circulation within the meaning of Article 79 of the Customs Code;

“import conditions” (“amodau menwforio”) in relation to a product, means the conditions laid down for the import of that product in any directive, decision or regulation listed in Schedule 1, including—

(a)

conditions as to the country or establishment of origin of the product,

(b)

specific requirements laid down for the import of that product into a particular member State or a particular area of a member State, and

(c)

conditions laid down for the import of that product for specific purposes;

“intermediate storage warehouse” (“warws storio drosiannol”) means cold storage facilities approved for intermediate storage of products as referred to in Chapter 10 of Annex I to Directive 92/118/EEC;

“introduce” (“cyflwyno”) means bring into; and a person introduces a product into a territory or area, if—

(a)

that person brings it into that territory or area as its owner;

(b)

that person brings it into that territory or area as a carrier; or

(c)

a carrier brings it into that territory or area on that person’s instructions;

but a product on board a means of transport operating internationally and intended for consumption by the crew or passengers of that means of transport is not introduced into a territory or area if it is not unloaded, or if it is transferred directly from one means of transport operating internationally to another at the same port or airport and under supervision, within the meaning of Article 4(13) of the Customs Code, by the Commissioners;

“local authority” (“awdurdod lleol”) means—

(a)

where there is a port health authority, that port health authority;

(b)

where there is no port health authority, the council of the county or county borough as the case may be;

“non-conforming product” (“cynnyrch nad yw'n cydymffurfio”) means a product which does not comply with the import conditions;

“official fish inspector” (“archwilydd pysgod swyddogol”) means an environmental health officer appointed as an official fish inspector by a local authority pursuant to regulation 6(2)(b);

“official veterinary surgeon” (“milfeddyg swyddogol”) means a veterinary surgeon who has participated in a special training programme referred to in Article 27 of Directive 97/78/EC and who is appointed by the National Assembly for Wales pursuant to regulation 6(1)(a) or by a local authority pursuant to regulation 6(2)(a);

“operator” (“gweithredydd”) means—

(a)

in relation to a border inspection post, the person who provides premises and other facilities for the carrying out of veterinary checks at that border inspection post; and

(b)

in relation to a Community establishment of origin, an intermediate storage warehouse or a destination establishment, the person who occupies the same for the purposes of his business;

“owner” (“perchennog”), in relation to a product, consignment or part of a consignment, means the person in whom the property in the product, consignment or part is for the time being vested;

“person appearing to have charge” (“person y mae'n ymddangos ei fod â gofal”) of a product, consignment or part of a consignment means any person, including a carrier, who appears to have possession, custody or control thereof;

“person responsible for” (“person sy'n gyfrifiol dros”) a product, consignment, or part of a consignment means—

(a)

until the product, consignment or part first arrives at a border inspection post in Wales or, in the case of an Article 9 product, or a consignment or part of a consignment of Article 9 products, until it arrives at a border inspection post of destination in Wales—

(i)

the person referred to in Article 38(1) of the Customs Code who brings the product, consignment or part into the customs territory of the Community;

(ii)

a person referred to in Article 38(2) of the Customs Code who assumes responsibility for the carriage of the product, consignment or part after it has been brought into the customs territory of the Community; and

(iii)

a person referred to in Article 44(2)(b) of the Customs Code, in whose name the persons referred to in sub-paragraphs (a)(i) and (ii) acted;

(b)

from the time the product, consignment or part first arrives at a border inspection post in Wales, or, in the case of an Article 9 product, or a consignment or part of a consignment of Article 9 products, from the time it arrives at a border inspection post of destination in Wales, until it leaves that first border inspection post, or that border inspection post of destination, as the case may be—

(i)

the person referred to in Article 44(2)(b) of the Customs Code in whose name the persons referred to in sub-paragraphs (a)(i) and (ii) acted; or

(ii)

if the product, consignment or part is in temporary storage, as referred to in Article 50 of the Customs Code, the person referred to in Article 51(2) of the Customs Code who holds it in temporary storage; or

(iii)

if the person referred to in sub-paragraph (b)(i) or (ii), as the case may be, has appointed a representative in his dealings with the customs authorities, within the meaning of Article 5 of the Customs Code, who is given or assumes responsibility for ensuring that the product, consignment or part undergoes veterinary checks, that representative; and

(c)

after the product, consignment or part leaves that first border inspection post, or, in the case of an Article 9 product, or a consignment or part of a consignment of Article 9 products, after it leaves the border inspection post of destination—

(i)

the person who made a customs declaration, within the meaning of Article 64 of the Customs Code, covering the product, consignment or part; or

(ii)

if no such customs declaration has yet been made, the person capable of making it;

“physical check” (“gwiriad ffisegol”) means a check on the product itself (which may include checks on packaging and temperature and also sampling and laboratory testing) carried out in accordance with Article 4(4)(b) of, and Annex III to, Directive 97/78/EC and, in the case of laboratory testing, Annex II to Regulation (EC) No. 136/2004;

“point of entry” (“pwynt mynediad”) means any place where goods are subject to customs supervision under Articles 37 and 38 of the Customs Code, other than a border inspection post;

“premises” (“mangre”) includes any construction, installation, container or means of transport;

“product” (“cynnyrch”) means—

(a)

any product of animal origin listed in the Annex to Commission Decision 2002/349/EC (laying down the list of products to be examined at border inspection posts under Council Directive 97/78/EC)(10);

(b)

hay; and

(c)

straw,

but does not include composite food products as specified in Article 3 of Commission Decision 2002/349/EC;

“Regulation (EC) No. 1774/2002” (“Rheoliad (EC) Rhif 1774/2002”) means Regulation (EC) No. 1774/2002 of the European Parliament and of the Council (laying down health rules concerning animal by-products not intended for human consumption)(11);

“Regulation (EC) No. 136/2004” (“Rheoliad (EC) Rhif 136/2004”) means Commission Regulation (EC) No. 136/2004 (laying down procedures for veterinary checks at Community border inspection posts on products imported from third countries)(12);

“the regulatory functions” (“y swyddogaethau rheoliadol”)means the functions assigned by these Regulations to authorised officers, official veterinary surgeons, official fish inspectors and assistants appointed pursuant to regulation 6;

“relevant document” (“dogfen berthnasol”) means any required document and any other veterinary, commercial or other certificate or document relating to a product, including the manifest of any sea-going vessel or aircraft;

“the relevant territories” (“y tiriogaethau perthnasol”)means an area comprising the territories of the member States, as listed in Annex I to Directive 97/78/EC, the Republic of Iceland, the Kingdom of Norway (except Svalbard), the Principality of Andorra and the Republic of San Marino;

“required document” (“dogfen ofynnol”) means any original veterinary certificate, original veterinary document or other original document required in relation to a product by virtue of any directive, decision or regulation listed in Schedule 1;

“returned product” (“cynnyrch a ddychwelwyd”) means a product originally exported from the customs territory of the Community which is returned there because it has been refused by a third country;

“ships' store” (“storfa longau”) means closed premises referred to in Article 13(1)(c), or a specially approved warehouse referred to in Article 13(2)(a), of Directive 97/78/EC;

“straw” (“gwellt”) means any green cereal which has been dried either naturally or artificially and includes any product (other than grain) which is obtained by drying any green cereal;

“third country” (“trydedd wlad”) mans a country not comprised in the relevant territories;

“transhipped product” (“cynnyrch a drawslwythwyd”) means an Article 9 product which is transhipped or unloaded in the way described (in relation to consignments) in Article 9(1) of Directive 97/78/EC at its border post of introduction;

“transit” (“tramwy”) means transit from one third country to another, passing through one or more member States, under the external transit procedure referred to in Articles 91 to 97 of the Customs Code;

“transit product” (“cynnyrch tramwy”) means a product originating in a third country which, according to the information forwarded in advance referred to in Article 3(3) of Directive 97/78/EC, will undergo transit; and

“veterinary check” (“archwiliad milfeddygol”) means any check provided for in Directive 97/78/EC including a documentary check, an identity check or a physical check.

(2) Products introduced into Wales from the Republic of Iceland, other than fishery products, are regarded for the purposes of these Regulations as introduced from a third country.

(3) Any reference in these Regulations to a Community instrument is a reference to that instrument as amended on the date on which these Regulations are made.

Exemptions

3.—(1) These Regulations do not apply to products introduced into Wales from a third country with the previous authorisation of the National Assembly for Wales as trade samples, for exhibition, or for particular studies or analyses.

(2) The National Assembly of Wales’s authorisation shall be in writing, may be made subject to conditions, and may be amended, suspended or revoked in writing at any time.

(3) Part 3, with the exception of regulation 25, and Parts 4 to 10 do not apply to-—

(a) powdered infant milk, infant food, or special foods required for medical reasons containing meat, meat products, milk, or milk products from a third country if—

(i) they form part of a traveller’s personal luggage and are intended for the traveller’s personal consumption or use;

(ii) they do not exceed in quantity that which could reasonably be consumed by an individual;

(iii) they do not require refrigeration before opening;

(iv) they are packaged proprietary brand products for direct sale to the final consumer; and

(v) their packaging is unbroken, unless they are in current use;

(b) meat, meat products, milk or milk products from the Faeroe Islands, Greenland, the Republic of Iceland, Liechtenstein, or Switzerland if—

(i) they form part of a traveller’s personal luggage, or are sent by post or carrier (otherwise than by way of trade or as a trade sample) and are addressed to a private individual in Wales;

(ii) they are intended for the personal consumption of the traveller or the addressee, as the case may be; and

(iii) their combined total weight in any traveller’s personal luggage or in any consignment sent by post or carrier to a private individual does not exceed 5 kilograms; or

(c) products in the personal luggage of a traveller if they are intended for the traveller’s personal consumption or which are sent by post or carrier (otherwise than by way of trade or as a trade sample) and addressed to a private individual in Wales, if they are intended for private individual’s personal consumption, and if they—

(i) are not meat, meat products, milk or milk products;

(ii) do not exceed one kilogram in weight;

(iii) come from a third country or part of a third country from which their importation is permitted in accordance with a list drawn up by an instrument in Schedule 1; and

(iv) do not come from a third country or part of a third country from which their importation is prohibited by any instrument in Schedule 1.

(4) In this regulation “meat” (“cig”), “meat products” (“cynhyrchion cig”), “milk” (“llaeth”) and “milk products” (“cynhyrchion llaeth”) mean products of those types listed in sections 01 — 04 under the heading I.2, Title I in the Annex to Commission Decision 2002/349/EC.

PART 2 Enforcement

Enforcement authorities and exchange of information

4.—(1) These Regulations shall be executed and enforced—

(a) by the National Assembly for Wales at a border inspection post designated and approved for veterinary checks only on products referred to in Regulation (EC) No. 1774/2002;

(b) by the Agency at—

(i) premises required to be licensed under the Fresh Meat (Hygiene and Inspection) Regulations 1995(13), the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995(14), or the Wild Game Meat (Hygiene and Inspection) Regulations 1995(15); and

(ii) combined premises as defined in the Meat Products (Hygiene) Regulations 1994(16), or the Minced Meat and Meat Preparations (Hygiene) Regulations 1995(17); and

(c) subject to regulation 16, by each local authority within its area, including at any border inspection post therein, except at a border inspection post referred to in sub-paragraph (a) and at premises referred to in sub-paragraph (b).

(2) For the purposes of the execution or enforcement of these Regulations, the National Assembly for Wales, the Commissioners, any local authority and the Agency may exchange amongst themselves any information received by them in the execution or enforcement of these Regulations.

(3) The National Assembly for Wales, the Commissioners, any local authority and the Agency may share information received by them in the execution or enforcement of these Regulations with the enforcement authorities in England, Northern Ireland and Scotland for the purposes of the enforcement of the legislation on the introduction of products of animal origin from third countries in England, Northern Ireland and Scotland respectively.

(4) Paragraphs (2) and (3) are without prejudice to any other power of the National Assembly for Wales, the Commissioners, any local authority and the Agency to disclose information.

Enforcement by an authorised officer or the Agency in place of local authority

5.—(1) If the National Assembly for Wales considers that a local authority is failing or has failed to execute or enforce these Regulations generally, or in any class of cases, or in an individual case, it may empower an authorised officer or the Agency to execute or enforce them in place of that local authority.

(2) The National Assembly for Wales or the Agency may recover from the local authority concerned any expenses reasonably incurred by her or it under paragraph (1).

Appointment of official veterinary surgeons and official fish inspectors

6.—(1) The National Assembly for Wales shall appoint—

(a) an official veterinary surgeon to carry out the regulatory functions at any border inspection post designated and approved for veterinary checks only on products referred to in Regulation (EC) No. 1774/2002; and

(b) such appropriately trained assistants for each official veterinary surgeon appointed pursuant to sub-paragraph (a) as may be necessary for the proper and expeditious performance of the regulatory functions.

(2) A local authority shall appoint—

(a) an official veterinary surgeon to carry out the regulatory functions at each border inspection post in its area, other than a border inspection post referred to in sub-paragraph (1)(a);

(b) an official fish inspector to carry out the regulatory functions in relation to fishery products at each border inspection post in its area, other than a border inspection post referred to in sub-paragraph (1)(a); and

(c) such appropriately trained assistants for each official veterinary surgeon appointed pursuant to sub-paragraph (2)(a), and each official fish inspector appointed pursuant to sub-paragraph (2)(b), as may be necessary for the proper and expeditious performance of the regulatory functions.

Exercise of enforcement powers

7.—(1) An official veterinary surgeon, an official fish inspector or an authorised officer may, at all reasonable hours and on producing, if so required, some duly authenticated document showing his authority, exercise the powers conferred by regulations 8 and 9 for the purpose of—

(a) executing or enforcing these Regulations;

(b) executing or enforcing any declaration made by the National Assembly for Wales or the Agency pursuant to regulation 59;

(c) ascertaining whether these Regulations are being or have been complied with; or

(d) verifying the identity, origin or destination of any product.

(2) In the case of an official veterinary surgeon, an official fish inspector or an authorised officer appointed or authorised by a local authority, the powers conferred by regulations 8 and 9 shall be exercised—

(a) within the area of that local authority, and

(b) outside the area of that local authority for the purpose of ascertaining whether these Regulations are being or have been complied with within that area.

Powers of entry and inspection

8.—(1) An official veterinary surgeon, official fish inspector or authorised officer may——

(a) enter any border inspection post or other land or premises (except land used only as a dwelling house) and inspect the same and anything therein or thereon;

(b) open any bundle, package, packing case, or item of personal luggage, or require any person in possession of or accompanying the same to open it;

(c) inspect the contents of any bundle, package, packing case or item of personal luggage opened pursuant to sub-paragraph (b);

(d) inspect any product, including its packaging, seals, marking, labelling and presentation, and any plant or equipment used for or in connection with any product; and

(e) take samples of any product.

(2) Where an official veterinary surgeon, official fish inspector or authorised officer takes a sample of a product otherwise than in the course of a physical check carried out pursuant to regulation 19(1), he or she may serve a notice in writing on the person appearing to him or her to have charge of the consignment which includes the product, requiring that the consignment or part thereof be stored until he or she serves a further notice in writing that the same may be removed, under the supervision of the official veterinary surgeon, official fish inspector or authorised officer, as the case may be, at such place and under such conditions as he or she may in the notice direct; and the costs of such storage shall be paid by the person responsible for the consignment.

(3) An official veterinary surgeon, official fish inspector or authorised officer entering any land or premises pursuant to sub-paragraph (1)(a) may take with him or her—

(a) other persons acting under his instructions;

(b) one or more representatives of the European Commission; and

(c) one or more representatives of the authorities of a third country, appointed and acting in accordance with the provisions of one of the equivalence decisions listed in Schedule 2.

Powers in relation to documents

9.  An official veterinary surgeon, official fish inspector or authorised officer may—

(a) require any person appearing to him or her to have charge of a product, any person responsible for a product and any corporate officer, employee, servant or agent of any such persons, to produce any relevant document in his or her possession or under his or her control relating to the product, and to supply such additional information in his or her possession or under his or her control relating to the product as the official veterinary surgeon, official fish inspector or authorised officer may reasonably request;

(b) examine any relevant document relating to a product and, where it is kept by means of a computer, have access to and inspect and check the operation of any computer and associated apparatus or material which is or has been used in connection with that relevant document;

(c) make and retain such copies as he or she may think fit of any relevant document relating to a product; and

(d) seize and retain any relevant document relating to a product which the official veterinary surgeon, official fish inspector or authorised officer has reason to believe may be required as evidence in proceedings under these Regulations, and, where any such relevant document is kept by means of a computer, require it to be produced in a form in which it may be taken away.

Protection of officials acting in good faith

10.—(1) No authorised officer, official veterinary surgeon, official fish inspector, or assistant appointed pursuant to regulation 6 shall be personally liable in respect of any act done by him or her in the performance or purported performance of the regulatory functions within the scope of his or her employment, if they did that act in the honest belief that their duty under these Regulations required or entitled them to do so.

(2) Paragraph (1) shall not relieve the National Assembly for Wales, a local authority or the Agency from any liability in respect of acts of them or their officers.

Entry warrants

11.  If a justice of the peace, on sworn information in writing, is satisfied that there is reasonable ground for entry into any land or premises by an official veterinary surgeon, official fish inspector or authorised officer pursuant to regulation 8 for any of the purposes specified in regulation 7 and either—

(a) that entry has been refused, or a refusal is reasonably expected, and that the official veterinary surgeon, official fish inspector or authorised officer has given notice of his intention to apply for an entry warrant to the occupier; or

(b) that a request for entry, or the giving of such a notice, would defeat the object of entry, or that entry is urgently required, or that the land or premises are unoccupied, or the occupier is temporarily absent, and it would defeat the object of entry to await the occupiers' return,

the justice may by warrant signed by him or her, and valid for one month, authorise the official veterinary surgeon, official fish inspector or authorised officer to enter the land or premises, if need be by reasonable force.

Local authority returns

12.—(1) For each border inspection post in its area, a local authority shall submit to the National Assembly for Wales a return comprising—

(a) the total number of consignments checked, categorised by groups of products and by country of origin;

(b) a list of consignments of which samples were taken and the results of any test or analysis of each sample; and

(c) a list of consignments required to be redispatched or disposed of pursuant to regulation 21 by the official veterinary surgeon or official fish inspector, together with, in each case, their country of origin, establishment of origin (if known), a description of the product concerned and the reason for refusal.

(2) The National Assembly for Wales shall determine how frequently the returns referred to in paragraph (1) are to be submitted and what period of time they are to cover.

Suspension of border inspection posts

13.—(1) If the National Assembly for Wales is satisfied that—

(a) the continued operation of a border inspection post presents a serious risk to public or animal health; or

(b) there has been at a border inspection post a serious breach of the requirements for the approval of border inspection posts laid down in Annex II to Directive 97/78/EC or in Commission Decision 2001/812/EC (laying down requirements for the approval of border inspection posts responsible for veterinary checks on products introduced into the Community from third countries)(18),

it shall serve on the operator of the border inspection post concerned a written notice stating that the approval of the premises as a border inspection post in accordance with Article 6(2) or 6(4) of Directive 97/78/EC is suspended.

(2) Upon service of a notice pursuant to paragraph (1) the premises shall cease to be a border inspection post, notwithstanding that they may still appear on the list of border inspection posts contained in the Annex to Commission Decision 2001/881/EC, until they are again approved as a border inspection post in accordance with Article 6(2)(a) of Directive 97/78/EC.

Regulatory functions of official fish inspectors

14.  In Parts 3 to 9, and Part 13, where a fishery product is concerned, the expression “official veterinary surgeon” shall be construed as indicating an official fish inspector as defined in regulation 2(1).

PART 3 Provisions Applicable to Products in General

Prohibition of non-conforming products

15.  Without prejudice to regulation 22 of the Dairy Products (Hygiene) Regulations 1995(19), no person shall introduce a non-conforming product into Wales from a third country, or a non-conforming product originating in a third country into Wales from elsewhere in the relevant territories unless—

(a) it is a transit product, or

(b) its destination establishment is a warehouse in a free zone, a free warehouse or a customs warehouse approved pursuant to Article 12(4)(b) of Directive 97/78/EC, or a ships' store complying with Article 13 of Directive 97/78/EC, located (in each case) outside the United Kingdom.

Prohibition of introduction of products except at border inspection posts

16.—(1) No product shall be introduced into Wales from a third country except at a border inspection post designated and approved for veterinary checks on that product.

(2) No Article 9 product, the border inspection post of introduction of which is outside the United Kingdom, and the border inspection post of destination of which is in Wales, shall be introduced into Wales except at a border inspection post designated and approved for veterinary checks on that product.

(3) This regulation shall be enforced—

(a) at points of entry by the Commissioners;

(b) at premises referred to in regulation 4(1)(b) by the Agency; and

(c) at any other place by the local authority.

(4) In cases where an officer of a local authority, when exercising any statutory function, discovers at a point of entry a consignment or product which he or she considers may have been introduced in breach of this regulation, he or she shall notify a customs officer and detain the consignment or product until a customs officer takes charge of it.

(5) For the purposes of the application of the Customs and Excise Management Act 1979(20) to products introduced in contravention of this regulation, the time of introduction shall be the time of importation in accordance with section 5 of that Act.

Advance notice of introduction or presentation

17.—(1) No person shall—

(a) introduce a product into Wales from a third country, or

(b) introduce into Wales an Article 9 product whose border inspection post of destination is in Wales,

unless notice of its introduction has been given pursuant to this regulation to the official veterinary surgeon at a border inspection post designated and approved for veterinary checks on that product and a copy of it has been sent to the office of the Commissioners responsible for the area in which that border inspection post is situated.

(2) Where the border inspection post of introduction and the border inspection post of destination of an Article 9 product are both in Wales, no person shall present the product to a border inspection post unless notice of its presentation has been given pursuant to this regulation to the official veterinary surgeon at a border inspection post of destination designated and approved for veterinary checks on that product and a copy of it has been sent to the office of the Commissioners responsible for the area in which that border inspection post is situated.

(3) The notice referred to in paragraphs (1) and (2)—

(a) shall be in the form set out as Part 1 of the common veterinary entry document;

(b) may be supplied in electronic form;

(c) shall be in Welsh or English and also in an official language of the country of destination in the relevant territories referred to in the notice, if other than the United Kingdom;

(d) shall arrive at the border inspection post—

(i) at least six working hours, in the case of a product introduced by air, and

(ii) at least one working day, in any other case,

before the product is presented to the official veterinary surgeon at the border inspection post pursuant to regulation 18; and

(e) in the case of a notice given to a border inspection post of destination, shall specify what checks have been carried out at the border inspection post of introduction.

(4) In paragraph (3) “working hours” means hours during which, and “working day” means a day on which, the border inspection post is open for the presentation of products to the official veterinary surgeon pursuant to regulation 18.

Presentation of products at border inspection posts

18.—(1) Any person responsible for a product which is introduced into Wales from a third country, or for an Article 9 product whose border inspection post of destination is in Wales and which is introduced into Wales, shall present the product and the required documents, or ensure that the same are presented, without delay to the official veterinary surgeon at the inspection facility of the border inspection post to which notice of the product’s introduction or presentation was given pursuant to regulation 17.

(2) Where the border inspection post of introduction of an Article 9 product is in the United Kingdom and its border inspection post of destination is in Wales, any person responsible for the product after its removal from the border inspection post of introduction shall present the product and the required documents, or ensure that the same are presented, without delay to the official veterinary surgeon at the inspection facility of the border inspection post of destination to which notice of the product’s presentation was given pursuant to regulation 17.

(3) A person who presents a product, other than a transit product or a product to which Part 8 applies, pursuant to paragraph (1) or (2) shall present the required documents relating thereto drawn up in Welsh or English.

(4) A person who presents pursuant to paragraph (1) or (2) a transit product or a product to which Part 8 applies accompanied by a required document in a language other than Welsh or English, shall present at the same time a translation of the required document into Welsh or English, authenticated as accurate by an appropriately qualified expert.

Veterinary checks

19.—(1) Subject, in the case of transhipped products, to regulation 38, any person required by virtue of regulation 18 to present a product and its required documents, or to ensure that the same are presented, to an official veterinary surgeon shall permit the official veterinary surgeon, or an assistant appointed pursuant to regulation 6(1)(b) or 6(2)(c), to carry out on the product or the required documents, as the case may be—

(a) a documentary check,

(b) an identity check, and

(c) subject to regulations 41,46 and 50, a physical check,

and shall render the official veterinary surgeon or assistant such assistance as they may reasonably request to enable them to carry out any of the said checks.

(2) When a sample of a product is taken in the course of a physical check, no person shall remove the product or cause it to be removed from the border inspection post at which it was presented until the official veterinary surgeon has authorised its removal by issuing Part 2 of the common veterinary entry document for the product or for the consignment or part consignment which includes the product.

(3) Pending removal pursuant to paragraph (2) the person responsible for the consignment which includes the product shall store it under the supervision of the official veterinary surgeon at such place and under such conditions as the official veterinary surgeon may direct and shall pay the costs of such storage.

Common veterinary entry document to accompany consignment

20.—(1) The person responsible for a consignment or part of a consignment in respect of which Part 2 of the common veterinary entrance document has been issued, and any carrier who has charge of it for the time being, shall ensure that the common veterinary entry document accompanies the consignment or part—

(a) in the case of a consignment or part intended for import, and subject to regulation 37(3), until the consignment or part first reaches, after import, premises where products are stored, processed, handled, bought or sold, and

(b) in all other cases until the consignment or part is no longer subject to supervision by the customs authorities, within the meaning of Article 4(13) of the Customs Code.

(2) The person who occupies for the purposes of his business the premises referred to in sub-paragraph (1)(a) shall take possession of the common veterinary entry document referred to in paragraph (1) and retain the same at the premises for a period of one year commencing with the day following its arrival there.

Products which fail veterinary checks

21.—(1) This regulation applies, subject to regulation 22—

(a) where, following a veterinary check at a border inspection post, the official veterinary surgeon there decides that a product (other than a transit product which fulfils the requirements of Part 7 or a product whose destination establishment is referred to in regulation 15(b)) is a non-conforming product, or that there is some other irregularity in relation to the product; and

(b) where, following a veterinary check on a product located away from a border inspection post (other than a transit product which fulfils the requirements of Part 7 or a product whose destination establishment is referred to in regulation 15(b)), an authorised officer decides that the product is a non-conforming product.

(2) If sub-paragraph (1)(a) applies, the official veterinary surgeon shall serve a notice in writing on the person responsible for the product, and if sub-paragraph (1)(b) applies, the authorised officer shall serve a notice in writing on the person appearing to him or her to have charge of the product, requiring him or her either—

(a) to redispatch the product from the border inspection post, or, if sub-paragraph (1)(b) applies, from a border inspection post indicated in the notice, by the mode of transport by which it was introduced into Wales, to a destination, agreed with the official veterinary surgeon or the authorised officer, located in a third country within a period of sixty days commencing with the day following the service of the notice; or

(b) to dispose of the product in accordance with Regulation (EC) No. 1774/2002 in the facilities provided for that purpose nearest to the border inspection post or, if sub-paragraph (1)(b) applies, nearest to the location of the product.

(3) The product must be disposed of in accordance with sub-paragraph (2)(b) where—

(a) its redispatch is precluded on animal or public health grounds by the results of a veterinary check, or by any animal or public health requirement laid down in a Community instrument in force on the date on which these Regulations are made, or is otherwise impossible; or

(b) the sixty-day period referred to in sub-paragraph (2)(a) has elapsed; or

(c) the person responsible for the product or, if sub-paragraph (1)(b) applies, the owner of the product, agrees immediately to its disposal.

(4) The person responsible for, or, if sub-paragraph (1)(b) applies, the owner of, a product in respect of which a notice has been served pursuant to paragraph (2) shall ensure that it is stored until redispatch or disposal under the supervision of the official veterinary surgeon or the authorised officer at such place and under such conditions as he or she may in the notice direct.

(5) In paragraph (1)(a) “other irregularity” in relation to a product means—

(a) its introduction into Wales from a third country, or its presentation to a border inspection post of destination in Wales, without notice given pursuant to regulation 17;

(b) any false or misleading information contained in a notice given pursuant to regulation 17;

(c) any false or misleading information given pursuant to regulation 45 or 49;

(d) any error, omission or false or misleading information in a required document, and any discrepancy between a required document and—

(i) the notice of the product’s introduction or presentation given pursuant to regulation 17, or

(ii) the product itself, or

(iii) the seals, stamps, marks or labels on the product, on the consignment which includes the product or on the container holding the product or the consignment;

(e) any defect in the product rendering it unfit for the purpose for which, according to the required documents, it is intended;

(f) any defect in the seals, stamps, marks or labels referred to in sub-paragraph (5)(d)(iii), including, in the case of a packaged product, any contravention of the labelling requirements laid down for that product in any directive, decision or regulation listed in Schedule 1;

(g) in the case of a product intended for import, any indication in the required documents that the product does not comply with the import conditions; and

(h) in the case of a non-conforming product which is a transit product, or a product whose destination establishment is referred to in regulation 15(b), any contravention of the requirements laid down for that non-conforming product in any directive, decision or regulation listed in Schedule 1.

(6) Any person who is aggrieved by a decision referred to in sub-paragraph (1)(a) or (1)(b) may appeal within one month of the decision to a magistrates' court by way of complaint for an order and the Magistrates' Courts Act 1980(21) shall apply to the proceedings.

(7) Pending the determination of an appeal pursuant to paragraph (6), paragraph (4) shall apply to the storage of the product concerned.

Treatment as animal by-products

22.—(1) If the official veterinary surgeon or authorised officer is of the opinion that a product to which regulation 21 applies presents no risk to animal or public health, he may authorise that the product be used in accordance with regulation 26 of the Animal By-Products regulations 2003(22) notwithstanding paragraphs (2), (3) and (4) of regulation 21.

(2) The authorisation shall be in writing, may be made subject to conditions, and may be amended, suspended or revoked by notice in writing at any time.

(3) The authorisation may specify which of the uses in regulation 26 of the Animal By-Products regulations 2003 is permitted.

Products containing unauthorised substances and excess residues

23.—(1) In this regulation—

(a) “maximum residue limit” means a maximum residue limit listed in Annex I or Annex III to Council Regulation (EEC) No. 2377/90 (laying down a Community procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin)(23);

(b) “unauthorised substance” has the same meaning as “unauthorised substance or product” in 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)(24).

(2) This regulation applies where a veterinary check on a consignment from a particular establishment of origin in a third country reveals the presence of an unauthorised substance, or reveals that a maximum residue limit has been exceeded, but no Community measures have yet been adopted in response to this.

(3) In the circumstances described in paragraph (2), paragraphs (4), (5), (6) and (7) shall apply to those of the next ten consignments introduced into the United Kingdom from that establishment which are introduced into Wales.

(4) The official veterinary surgeon at the border inspection post at which any such consignment is introduced shall, by notice in writing served on the person responsible for the consignment, take charge of it and check the residues in the consignment by taking and analysing a representative sample of the products comprised in it.

(5) Upon service of a notice under paragraph (4), the person responsible for the consignment shall lodge with the official veterinary surgeon a deposit or guarantee sufficient to assure payment of all charges payable in accordance with Part 10 for veterinary checks carried out on the consignment, including the taking of samples, and any laboratory test or analysis carried out on any sample taken.

(6) If any veterinary check carried out on the consignment reveals the presence of unauthorised substances or their residues or reveals that a maximum residue limit has been exceeded, the official veterinary surgeon shall—

(a) endorse on the required documents relating to the consignment a clear indication of the reasons for rejecting it; and

(b) redispatch the consignment, or such part of it as the official veterinary surgeon considers affected by the presence of unauthorised substances or their residues or by excess residues, accompanied by the required documents, to its third country of origin.

(7) The cost of redispatching and transporting the consignment or part to its third country of origin shall be paid by the consignor whose name appears on the notice of the consignment’s introduction given pursuant to regulation 17.

Consignments and products illegally introduced

24.—(1) This regulation applies—

(a) where a consignment or product is introduced into Wales from a third country but is not presented pursuant to regulation 18;

(b) where a consignment or product originating in a third country has been introduced into Wales from elsewhere in the relevant territories, but has not been presented at a border inspection post there;

(c) where the border inspection post of destination of a consignment of Article 9 products is in Wales but the consignment is not presented there in accordance with regulation 18(1); and

(d) where a consignment introduced into Wales is presented to the official veterinary surgeon at a border inspection post not designated and approved for veterinary checks on the products comprised therein.

(2) In the circumstances described in sub-paragraphs (1)(a), (b) and (c) an authorised officer shall, by notice in writing served on the person appearing to him or her to have charge of it, and, in the circumstances described in sub-paragraph (1)(d), the official veterinary surgeon shall, by notice in writing served on the person responsible for it, take charge of the consignment or product and either—

(a) redispatch it, by the mode of transport by which it was first introduced into the relevant territories, to a destination, agreed with the owner, in the circumstances described in sub-paragraphs (1)(a), (b) and (c), or with the person responsible for the consignment, in the circumstances described in sub-paragraph (1)(d), located in a third country within a period of sixty days commencing with the day following the service of the notice; or

(b) dispose of it as if it were Category 1 material under Regulation (EC) No. 1774/2002 in the facilities provided for that purpose nearest to the place at which the authorised officer or official veterinary surgeon takes charge of it.

Products dangerous to animal or public health

25.  If an official veterinary surgeon or an authorised officer considers that a consignment or product from a third country presents a risk to animal or public health he shall, by notice in writing served on the person appearing to him or her to have charge of it, take charge of it and dispose of it in accordance with regulation 24(2)(b).

Serious or repeated infringements

26.—(1) Where the National Assembly for Wales or the Agency reasonably concludes, on the basis of the results of veterinary checks, that products from a particular third country, part of a third country or establishment in a third country are implicated in serious or repeated infringements of any requirement laid down in a Community instrument relating to animal or public health, this regulation shall apply to those of the next ten consignments introduced into the United Kingdom from that third country, part of a third country or establishment, as the case may be, that are introduced into Wales.

(2) The official veterinary surgeon at the border inspection post at which any such consignment is introduced shall, by notice in writing served on the person responsible for the consignment, take charge of it and carry out a physical check thereon, including the taking of samples and laboratory tests and analyses.

(3) Upon service of a notice under paragraph (2) the person responsible for the consignment shall lodge with the official veterinary surgeon a deposit or guarantee sufficient to assure payment of all charges payable in accordance with Part 10 for veterinary checks carried out on the consignment, including the taking of samples, and any laboratory test or analysis carried out on any sample taken.

(4) If any veterinary check carried out on the consignment reveals an infringement of any requirement laid down in a Community instrument relating to animal or public health, the official veterinary surgeon shall either redispatch or dispose of the consignment in accordance with regulation 21(2).

Invalidation of veterinary documents

27.  Where an official veterinary surgeon or an authorised officer serves a notice requiring redispatch of a product pursuant to regulation 21(2)(a), or takes charge of a consignment pursuant to regulation 24(2), any person who has possession or control of the required documents relating to that product or consignment shall immediately submit them to the official veterinary surgeon or authorised officer, as the case may be, for invalidation.

Costs in respect of products redispatched or disposed of

28.—(1) The person responsible for the product or consignment concerned or, where a notice has been served on the person appearing to have charge of the product or consignment, the owner of the product or consignment, or the person on whom a notification of seizure pursuant to the Customs and Excise Management Act 1979 has been served, shall pay on demand the costs of storing, transporting, redispatching and disposing of any product or consignment redispatched or disposed of pursuant to regulation 21, 24, 25 or 26, or any powers exercised under the Customs and Excise Management Act 1979 in the enforcement of regulation 16.

(2) Any cost referred to in paragraph (1) which is paid by an official veterinary surgeon, an authorised officer, the National Assembly for Wales, a local authority, the Agency or the Commissioners shall be reimbursed on demand by, as the case may be, the person responsible for, or the owner of, the product or consignment.

PART 4 On-Board Catering Supplies

Disposal of unused catering supplies

29.—(1) Part 3 shall not apply in relation to products that are introduced into Wales from means of transport operating internationally and that had been intended for consumption by the crew or passengers of that means of transport.

(2) Any person who has in his possession or under his control a product referred to in paragraph (1) shall comply with Article 4(2) and (3) of Regulation (EC) No. 1774/2002.

(3) Where items that have been in contact with such products, such as packaging material, or disposable cutlery or plates, are unloaded from the means of transport for disposal, they shall be dealt with in the same way as the products themselves.

PART 5 Burial of Unused On-Board Catering Supplies in Landfills

Approval of landfills

30.—(1) Any person disposing of material in accordance with regulation 29 by burial in a landfill shall only do so in a landfill approved under this regulation.

(2) The National Assembly for Wales shall only approve a landfill for the purposes of disposal of material under regulation 29 if it is satisfied that—

(a) the material will be buried without undue delay so as to prevent access to it by wild birds;

(b) the operator has taken adequate steps to prevent access to the unrestored and current working area of the landfill by ungulates; and

(c) the operator will comply with any conditions of the approval.

(3) The approval shall be in writing, may be made subject to conditions, and may be amended or suspended by notice in writing in accordance with regulation 32.

(4) If the National Assembly for Wales refuses to grant an approval, or grants an approval subject to a condition, it shall by notice in writing served on the applicant——

(a) give the reasons, and

(b) explain the right of the applicant to make written representations to the National Assembly for Wales and to appear before and be heard by an independent person appointed by the National Assembly for Wales in accordance with regulation 33.

Operators of landfills

31.—(1) The operator of a landfill approved in accordance with regulation 30 shall——

(a) maintain and operate the premises in accordance with the requirements in paragraph 30(2)(a) and (b) and any conditions of the approval;

(b) ensure that any person employed by him or her, and any person permitted to enter the premises complies with those requirements and conditions;

(c) comply with the record-keeping requirements contained in Article 9 of Regulation (EC) No. 1774/2002; and

(d) keep equivalent records for material referred to in regulation 29(3).

(2) The records required to be kept under this regulation may be in written or electronic form and shall be kept for at least two years.

Amendment, suspension and revocation of approvals

32.—(1) Where the National Assembly for Wales is satisfied that any condition of the approval is no longer fulfilled, or that the requirements in regulation 30(2)(a) and (b) are not being complied with, or that it is necessary to do so for public or animal health reasons, it may, by notice in writing served on the operator, suspend the approval.

(2) Where the National Assembly for Wales is satisfied that any condition of the approval should be amended for public or animal health reasons, it may, by notice in writing served on the operator, amend the approval.

(3) A suspension under paragraph (1) or an amendment under paragraph (2)——

(a) shall have immediate effect if the National Assembly for Wales is satisfied that it is necessary for it to do so for the protection of public or animal health; and

(b) otherwise shall not have effect for at least twenty-one days following service of the notice.

(4) The notice in paragraph (1) or (2) shall——

(a) give the reasons for the suspension or amendment; and

(b) explain the right of the operator of the premises to make written representations to the National Assembly for Wales and to be heard by an independent person appointed by the National Assembly for Wales in accordance with regulation 33.

(5) Where there is an appeal under regulation 33, an amendment or suspension shall not have effect until the final determination by the National Assembly for Wales in accordance with that regulation unless the National Assembly for Wales considers it necessary for the protection of public or animal health for the amendment or suspension to take effect sooner.

(6) Where the National Assembly for Wales has suspended an approval, and——

(a) no appeal is brought in accordance with regulation 33; or

(b) the National Assembly for Wales upholds the suspension following such an appeal,

it may by notice in writing revoke the approval provided that she is satisfied, taking into account all the circumstances of the case, that the premises will not be operated in accordance with the requirements of regulation 30(2)(a) or (b) or the conditions, if any, of the approval.

Appeals

33.—(1) A person on whom a notice is served under paragraph (4) of regulation 30 or paragraph (1) or (2) of regulation 32 may within twenty-one days beginning with the day on which the notice is served——

(a) provide written representations to the National Assembly for Wales; and

(b) give notice in writing that he wishes to appear before and be heard by an independent person appointed by the National Assembly for Wales.

(2) Where an appellant gives notice of his wish to appear before and be heard by an independent person appointed for the purpose——

(a) the National Assembly for Wales shall appoint an independent person to hear representations and specify a time limit within which representations to that independent person must be made;

(b) the person so appointed shall not, except with the consent of the appellant, be an officer or servant of the National Assembly for Wales;

(c) if the appellant so requests, the hearing shall be in public;

(d) the independent person shall report to the National Assembly for Wales.; and

(e) if the appellant so requests, the National Assembly for Wales shall provide him or her with a copy of the independent person’s report.

(3) The National Assembly for Wales shall give to the appellant written notification of its final determination and the reasons for it.

PART 6 Products Intended for Import

Retention of documents at border inspection posts

34.  Where a documentary check has been carried out at a border inspection post on a product intended (whether directly or ultimately) for import, the person who presented the required documents relating to that product pursuant to regulation 18(1) shall surrender the same to the official veterinary surgeon at that border inspection post.

Evidence of certification of, and payment for, veterinary checks

35.  Where Part 2 of the common veterinary entrance document has been issued certifying that a consignment is fit for import, the person responsible for the consignment shall supply the Commissioners with evidence satisfactory to them that—

(a) Part 2 of that document has been issued; and

(b) all charges payable in accordance with Part 10 for veterinary checks carried out on the consignment, including sampling, and for any test or analysis carried out on any samples taken, have been paid, or payment thereof has been assured by a deposit or guarantee satisfactory to the person to whom, pursuant to regulation 52(2), the charges are payable.

Products not intended for the United Kingdom

36.  Where—

(a) notice of introduction of a product has been given pursuant to regulation 17; and

(b) that notice specifies a member State other than the United Kingdom as the country of destination; and

(c) Part 2 of the common veterinary entry document has been issued in respect of that product, authorising its import—

(i) into that member State or a particular area thereof in accordance with specific requirements, or

(ii) for specific purposes in accordance with conditions,

which requirements or conditions are laid down for products imported into that member State or particular area, or for products imported for those specific purposes, in any directive, decision or regulation listed in Schedule 1,

no person shall, without reasonable excuse, prevent or delay the transport of that product to that member State.

Products transported under supervision

37.—(1) This regulation applies to products intended for import which are required by any directive, decision or regulation listed in Schedule 1 to be transported under veterinary supervision from the border inspection post at which they are first introduced into the relevant territories to their destination establishment.

(2) No person shall remove a product to which this regulation applies from a border inspection post unless it is contained in a leak-proof container or means of transport which has been sealed by an officer of the Commissioners or by the official veterinary surgeon at that border inspection post.

(3) The person responsible for a product to which this regulation applies and any carrier who has charge of it for the time being shall ensure that the product is transported without delay to its destination establishment, and that the common veterinary entry document accompanies it until it reaches its destination establishment.

(4) Where Part 2 of the common veterinary entry document has authorised import of a product to which this regulation applies for specific purposes as described in regulation 36(c)(ii), the person responsible for the product and any carrier who has charge of it for the time being shall ensure that it remains under the supervision of the Commissioners in accordance with the T5 procedure provided for in Articles 471 to 495 of Commission Regulation (EEC) No 2454/93 (laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code)(25) until it reaches its destination establishment.

(5) An operator of a destination establishment or an intermediate storage warehouse shall give immediate written notification to the veterinary officer who is responsible on behalf of the National Assembly for Wales or the Agency for the destination establishment or intermediate storage warehouse, as the case may be, of the arrival there of any product to which this regulation applies.

(6) An operator of a destination establishment shall ensure that a product to which this regulation applies undergoes at the destination establishment the treatment prescribed for it by the relevant directive, decision or regulation listed in Schedule 1.

Transhipment of products intended for import

38.—(1) This regulation applies to transhipped products where the border inspection post of introduction is in Wales.

(2) As soon as a product to which this regulation applies arrives at the border inspection post of introduction, the person responsible for the product shall notify the official veterinary surgeon there in writing, or in computerised or other electronic form, of the exact location of the product, of the estimated time of its transhipment or unloading, and of its border inspection post of destination.

(3) Where, according to the notification given pursuant to paragraph (2), a product to which this regulation applies is to be transhipped—

(a) from one aircraft to another, either directly or after being unloaded in a customs controlled area at the border inspection post of introduction for less than twelve hours, or

(b) from one sea-going vessel to another, either directly or after being unloaded in an area as aforesaid for less than seven days,

any person required by regulation 18 to present the product and its required documents, or to ensure that they are presented, to the official veterinary surgeon at the border inspection post of introduction, shall, if the official veterinary surgeon considers that the product presents a risk to animal or public health, permit the official veterinary surgeon, or an assistant appointed pursuant to regulation 6(1)(b) or 6(2)(c), to carry out a documentary check on the required documents.

(4) Where a product to which this regulation applies is proposed to be unloaded from an aircraft for twelve hours or more, the person responsible for the product shall ensure that it is stored for not more than 48 hours under the supervision of the official veterinary surgeon at the border inspection post of introduction in a customs controlled area there and is then reloaded onto an aircraft for onward transport to its border inspection post of destination.

(5) Where a product to which this regulation applies is proposed to be unloaded from a sea-going vessel for seven days or more, the person responsible for the product shall ensure that it is stored for not more than twenty days under the supervision of the official veterinary surgeon at the border inspection post of introduction in a customs controlled area there and is then reloaded onto a sea-going vessel for onward transport to its border inspection post of destination.

(6) Any person required by regulation 18 to present a product to which paragraph (4) or paragraph (5) applies and its required documents to the official veterinary surgeon at a border inspection post of introduction shall permit the official veterinary surgeon there, or an assistant appointed pursuant to regulation 6(1)(b) or 6(2)(c), to carry out a documentary check on the required documents and, if the official veterinary surgeon considers that the product presents a risk to animal or public health, an identity check of the product against the required documents and a physical check of the product.

(7) Where a product to which paragraph (4) applies is stored for more than 48 hours after unloading, or a product to which paragraph (5) applies is stored for more than twenty days after unloading, any person required by regulation 18 to present the product and its required documents to the official veterinary surgeon at the border inspection post of introduction, shall permit the official veterinary surgeon there, or an assistant appointed pursuant to regulation 6(1)(b) or 6(2)(c), to carry out in all cases, an identity check of the product against the required documents and a physical check of the product.

PART 7 Transit Products

Border inspection posts of entry and exit

39.  In this Part—

“border inspection post of entry” (“safle arolygu ar y ffin ar gyfer dod i mewn”) means the border inspection post at which a transit product enters the customs territory of the Community;

“border inspection post of exit” (“safle arolygu ar y ffin ar gyfer ymadael”) means the border inspection post through which a transit product is intended to leave the customs territory of the Community, as specified in the common veterinary entry document relating thereto.

Prior authorisation of transit

40.  No person shall introduce a transit product into Wales from a third country unless the official veterinary surgeon at the border inspection post of entry has previously authorised the transit of that product in writing.

Physical check of transit products

41.  Any person required by regulation 18 to present a transit product, or ensure that it is presented, to the official veterinary surgeon at the border inspection post of entry has to permit the official veterinary surgeon, or an assistant appointed pursuant to regulation 6(1)(b) or 6(2)(c), to carry out a physical check on the transit product only if the official veterinary surgeon considers that it presents a risk to animal or public health or reasonably suspects some other irregularity, as defined in regulation 21(5), in relation to the transit product.

Movement of transit products

42.—(1) No person shall remove, or cause to be removed, a transit product from the border inspection post of entry unless the person responsible for the product has given a written undertaking to the official veterinary surgeon there to observe and perform the requirements of regulation 43.

(2) Where, at any time after removal from a border inspection post of entry, a transit product is transported through Wales by road, rail, waterway or air—

(a) the person responsible for the transit product and any carrier who has charge of it for the time being shall ensure that it is conveyed in a vehicle or container sealed by the customs or veterinary authorities responsible for the border inspection post of entry, accompanied by its required documents, any translations required under regulation 18(4) and its common veterinary entry document, to the border inspection post of exit under the supervision of the Commissioners in accordance with the external transit procedure referred to in Articles 91 to 97 of the Customs Code;

(b) no person shall break the seals on the vehicle or container in which the transit product is conveyed, or unload the transit product, or split the consignment or part consignment which includes the transit product, or subject the transit product to any form of handling; and

(c) the person responsible for the transit product and any carrier who has charge of it for the time being shall ensure that it leaves the customs territory of the Community at the border inspection post of exit not more than 30 days after removal from the border inspection post of entry (excluding the day of removal).

(3) No person shall introduce a transit product into a free zone, a free warehouse or a customs warehouse in Wales.

Disposal of returned transit products

43.—(1) If a transit product is returned to Wales after leaving the customs territory of the Community, the person responsible for the transit product shall either—

(a) redispatch the transit product from the border inspection post to which it is returned to a third country by the mode of transport by which it was returned within sixty days of its return (excluding the day of return), or

(b) if the circumstances described in paragraph (2) apply, dispose of the product as if it were Category 1 material under Regulation (EC) No. 1774/2002 in the facilities provided for that purpose nearest to the border inspection post to which the product is returned.

(2) The transit product shall be disposed of in accordance with sub-paragraph (1)(b) where—

(a) redispatch of the product is precluded on animal or public health grounds by the results of a physical check, or by any animal or public health requirement laid down in a Community instrument in force on the date on which these Regulations are made, or is otherwise impossible;

(b) the sixty day period referred to in sub-paragraph (1)(a) has expired, or

(c) the person responsible for the transit product agrees immediately to its disposal.

(3) Any person who has possession or control of the required documents or the common veterinary entry document relating to a transit product to which paragraph (1) applies shall submit them for invalidation to the official veterinary surgeon at the border inspection to which the product is returned.

(4) The person responsible for a transit product to which paragraph (1) applies shall store it until redispatch or destruction under the supervision of the official veterinary surgeon at the border inspection post to which the product is returned at such place and in such conditions as the official veterinary surgeon may direct.

(5) The person responsible for a transit product to which paragraph (1) applies shall pay the costs of storing, transporting, redispatching and disposing of it.

PART 8 Products Intended for Warehouses or Ships' Stores

Application of Part 8

44.  This Part applies to products whose destination establishment is—

(a) a warehouse in a free zone, a free warehouse or a customs warehouse, located in the customs territory of the Community, or

(b) a ship’s store complying with Article 13 of Directive 97/78/EC located outside the United Kingdom.

Additional information to be given in advance

45.—(1) No person shall introduce a product to which this Part applies into Wales, or present such a product to a border inspection post of destination in Wales, unless the official veterinary surgeon to whom notice of the product’s introduction or presentation is given pursuant to regulation 17 has been informed—

(a) whether the product is intended ultimately for import;

(b) if not, whether it is a transit product; and

(c) in any event whether the product complies with the import conditions.

(2) The information in paragraph (1) shall be given in writing and may be included in the notice of the product’s introduction or presentation given pursuant to regulation 17.

Physical check of non-conforming products

46.  Where the required documents indicate that a product to which this Part applies is a non-conforming product, any person required by regulation 18 to present it, or ensure that it is presented, to the official veterinary surgeon at a border inspection post need permit the official veterinary surgeon, or an assistant appointed pursuant to regulation 6(1)(b) or 6(2)(c), to carry out a physical check on the product only if the official veterinary surgeon considers that it presents a risk to animal or public health.

Exclusion of non-conforming products from warehouses

47.  No person shall introduce a non-conforming product into a warehouse in a free zone, a free warehouse or a customs warehouse in Wales.

PART 9 Products Returned from Third Countries

Meaning of “export certificate”

48.  In this Part “export certificate” means a certificate attesting that a returned product complies with animal or public health standards, issued to facilitate its original export from the customs territory of the Community by the authority responsible for monitoring such standards at the returned product’s Community establishment of origin.

Additional documentation for returned products

49.  Any person who presents pursuant to regulation 18 a returned product and its required documents to an official veterinary surgeon shall present with the required documents—

(a) the export certificate relating to the returned product or a copy authenticated as true by the authority which issued it;

(b) a statement of the reasons why the returned product was refused by the third country;

(c) a declaration by the person responsible for the returned product that, since the returned product was originally exported from the customs territory of the Community, the import conditions relating to storage and transport have been complied with in relation to the returned product; and either

(d) in the case of a returned product not originally exported in a sealed container, a declaration by the person responsible for the returned product that it has not undergone any handling other than, in the case only of packaged products, loading and unloading of unopened packages; or

(e) in the case of a returned product originally exported in a sealed container, a declaration by the carrier who introduces it into Wales that it has not been unloaded from the container in which it was exported, or otherwise handled.

Physical check of returned products

50.  Any person required by regulation 18 to present a returned product, or ensure that it is presented, to the official veterinary surgeon at a border inspection post need permit the official veterinary surgeon, or an assistant appointed pursuant to regulation 6(1)(b) or 6(2)(c), to carry out a physical check on the returned product only if the official veterinary surgeon has reasonable grounds for believing—

(a) that these Regulations have not been, or are not being, complied with in relation to the returned product;

(b) that the returned product does not comply with the import conditions; or

(c) that the identity or destination of the returned product does not correspond with the information given on any relevant document.

Movement of returned products

51.—(1) No person shall remove, or cause to be removed, a returned product from a border inspection post without the written authorisation of the official veterinary surgeon there.

(2) No person shall remove a returned product from a border inspection post unless it is contained in a leak-proof container or means of transport which has been sealed by an officer of the Commissioners or by the official veterinary surgeon at that border inspection post.

(3) The person responsible for a returned product removed in accordance with paragraphs (1) and (2), and any carrier who has charge of it for the time being shall ensure that—

(a) it is conveyed directly to its Community establishment of origin in the sealed leak-proof container or means of transport referred to in paragraph (2); and

(b) its common veterinary entry document accompanies it until the returned product reaches its Community establishment of origin.

(4) No person shall break the seals on the container or means of transport in which the returned product is conveyed, or unload the returned product, or split the consignment or part consignment which includes the returned product, or subject the returned product to any form of handling, until it reaches its Community establishment of origin.

(5) The operator of the Community establishment of origin shall give immediate written notification of the arrival there of the returned product to the veterinary officer who is responsible on behalf of the National Assembly for Wales or the Agency for that establishment.

PART 10 Charges for Veterinary Checks

Payment of charges

52.—(1) A reasonable charge calculated in accordance with regulations 53 and 54 and Schedule 3 shall be made for veterinary checks carried out on a consignment at a border inspection post.

(2) The charge shall be made by and payable to the National Assembly for Wales, a local authority or the Agency, whichever is responsible, pursuant to regulations 4 and 5, for executing and enforcing these Regulations at the border inspection post where the veterinary checks are carried out.

Calculation of charges

53.  The charge for veterinary checks shall cover the costs listed in Part I of Schedule 3 and shall be calculated in accordance with Part II, III, IV or V, as the case may be, of Schedule 3.

Conversion of charges to sterling

54.  Charges expressed in euro in Schedule 3 shall be converted to pounds sterling at the rate of conversion published in the “C” Series of the Official Journal of the European Communities in September of the calendar year preceding that in which the relevant veterinary check was carried out.

Liability for charges

55.  The person responsible for a consignment shall pay on demand the charge made for the veterinary checks carried out on the consignment.

Information relating to charges

56.—(1) The National Assembly for Wales, a local authority or the Agency shall, if so requested in writing, supply to any person who presents products pursuant to regulation 18, or to any organisation representing such persons, details of the calculations which she or it uses to determine charges for veterinary checks and shall take into account any representations made by such person or organisation in determining such charges.

(2) If requested in writing so to do by the National Assembly for Wales or the Agency, a local authority shall provide the National Assembly for Wales or the Agency, as the case may be, with such information as she or it may require relating to the calculation of charges for veterinary checks, and with copies of any written representations made by persons or organisations referred to in paragraph (1).

Appeals against charges paid to local authorities

57.—(1) Any person who has paid a charge for veterinary checks to a local authority, and any organisation representing such persons, may, within twenty-one days of the charge being made, appeal in writing on the ground that the amount of the charge is unreasonable—

(a) to the National Assembly for Wales, where the charge is for veterinary checks carried out otherwise than in relation to any function of the Agency; and

(b) to the Agency, where the charge is for veterinary checks carried out in relation to any function of the Agency.

(2) Where there is an appeal under paragraph (1), the National Assembly for Wales or the Agency, as the case may be, shall consult with the local authority and, if then satisfied that the amount of the charge is unreasonable, shall so inform the local authority, and the local authority shall recalculate the amount of the charge in accordance with any directions given by the National Assembly for Wales or the Agency and repay to the person who has paid the charge the difference between the original charge and the recalculated charge.

Appeals against charges paid to the National Assembly for Wales or the Agency

58.—(1) Any person who has paid a charge for veterinary checks to the National Assembly for Wales or the Agency, and any organisation representing such persons, may, within twenty-one days of the charge being made, give notice in writing of his wish to appeal to an independent person appointed by the National Assembly for Wales, or where the charge was paid to the Agency, to an independent person appointed by the Agency on the ground that the amount of the charge is unreasonable.

(2) Where the charge was paid to the Agency, the functions of the National Assembly for Wales in paragraphs (3) to (4) shall be performed by the Agency.

(3) Where an appellant gives notice of his or her wish to appear before and be heard by an independent person appointed for the purpose——

(a) the National Assembly for Wales shall appoint an independent person to hear representations and specify a time limit within which representations to that independent person must be made;

(b) the person so appointed shall not, except with the consent of the appellant, be an officer or servant of the National Assembly for Wales;

(c) if the appellant so requests, the hearing shall be in public;

(d) the independent person shall report to the National Assembly for Wales and

(e) if the appellant so requests, the National Assembly for Wales shall provide him or her with a copy of the independent person’s report.

(4) If the independent person is satisfied that the amount of the charge is unreasonable, the National Assembly for Wales shall recalculate the charge in accordance with any directions given by the independent person and repay to the person who has paid the charge the difference between the original charge and the recalculated charge.

PART 11 Emergency Declarations

Disease outbreaks in third countries

59.—(1) Where the National Assembly for Wales or the Agency learns of, or has reasonable grounds to suspect, the presence in any third country of a disease referred to in Council Directive 82/894/EEC (on the notification of animal diseases within the Community)(26), a zoonosis or other disease or phenomenon or circumstance liable to present a serious threat to animal or public health, either of them may by written declaration suspend, or impose conditions on, the introduction into Wales of any product from the whole or any part of that third country.

(2) Such a declaration shall be in writing and shall be published in such manner as the National Assembly for Wales or the Agency, as the case may be, thinks fit and shall specify the products and the third country or part thereof concerned.

(3) A declaration which imposes conditions on the introduction of any product from a third country or part thereof shall specify those conditions.

(4) Where a declaration is in force suspending the introduction of any product, no person shall introduce that product into Wales if it originates in the third country or part thereof specified in the declaration.

(5) Where a declaration is in force imposing conditions on the introduction of any product, no person shall introduce that product into Wales if it originates in the third country or part thereof specified in the declaration unless the product complies with the conditions specified in the declaration.

(6) A declaration may be modified, suspended or revoked by a further written declaration published, so far as is practicable, in the same manner and to the same extent as the original declaration.

PART 12 Offences and Penalties

Obstruction

60.—(1) No person shall—

(a) intentionally obstruct any person in the exercise of a power conferred by regulation 8 or 9 or in the performance of any other regulatory function;

(b) without reasonable cause fail to comply with a requirement made of him or her pursuant to regulation 8 or 9, or fail to give to any person exercising a power conferred by those regulations or performing any other regulatory function such assistance or information as that person may reasonably require of him or her for the purpose of exercising the power or performing the function; or

(c) furnish to any person exercising a power conferred by regulation 8 or 9 or performing any other regulatory function any information which he knows to be false or misleading.

(2) Paragraph (1)(b) shall not require a person to answer any question or give any information if to do so might incriminate him or her.

Defence of due diligence

61.—(1) In any proceedings for an offence of contravening a provision of the regulations listed in Schedule 4, it shall be a defence for the person charged to prove that he or she took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or herself or by a person under his or her control.

(2) If in any case the defence provided by paragraph (1) involves the allegation that the commission of the offence was due to an act or default of another person, or to reliance on information supplied by another person, the person charged shall not, without leave of the Court, be entitled to rely on that defence, unless—

(a) at least seven clear days before the hearing; and

(b) where he or she has previously appeared, or been brought, before a court in connection with the alleged offence, within one month of his first such appearance,

he or she has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his or her possession.

Contraventions

62.  Any person who—

(a) contravenes a provision of these Regulations, other than—

(i) the provisions contained in regulations 8(2) and 19(3) referring to payment of costs; and

(ii) the provisions contained in regulations 23(7), 28, 43(5), 45(2) and 55; or

(b) fails to comply with a notice served upon him or her under these Regulations,

shall be guilty of an offence.

Penalties

63.—(1) A person guilty of the offence of contravening regulation 60(1)(a) or (b) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months, or to both.

(2) A person guilty of any other offence under these Regulations shall be liable—

(a) on summary conviction to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months or to both;

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.

Offences by bodies corporate

64.—(1) Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, a corporate officer of the body corporate, he, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished accordingly.

(2) For the purposes of this regulation, “corporate officer”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

PART 13 Notices and Decisions

Service of notices

65.—(1) Any notice served under these Regulations by the National Assembly for Wales, the Agency, an official veterinary surgeon, an official fish inspector or an authorised officer may be served on a person by—

(a) delivering it to that person;

(b) leaving it at his or her proper address; or

(c) posting it to his or her proper address.

(2) Any such notice which is to be served on a body corporate or an unincorporated association other than a partnership shall be duly served on the secretary or clerk or other similar officer of that body.

(3) Any such notice which is to be served on a partnership (including a Scottish partnership) shall be duly served on a partner or a person having the control or management of the partnership business.

(4) Subject to paragraphs (5) and (6), for the purposes of this regulation, the proper address of any person on whom a notice is to be served shall be his last known address, except that the proper address shall be—

(a) in the case of a body corporate or their secretary or clerk, the address of the registered office or principal office of the body corporate;

(b) in the case of an unincorporated association (other than a partnership) or their secretary or clerk, the address of the principal office of the association; and

(c) in the case of a partnership (including a Scottish partnership) or a person having the control or management of the partnership business, the address of the principal office of the partnership.

(5) Where the person to be served is a company registered, or a partnership carrying on business, outside the United Kingdom, and the company or partnership has an office within the United Kingdom, the principal office of that company or partnership for the purposes of paragraph 4 shall be its principal office within the United Kingdom.

(6) If the person to be served with any such notice has furnished the person by whom the notice is to be served with an address pursuant to any provision of these Regulations, that address shall be treated as his proper address for the purposes of this regulation.

(7) For the purposes of this regulation, “posting” a notice means sending it pre-paid by a postal service which seeks to deliver documents by post within the United Kingdom no later than the next working day in all or the majority of cases, and to deliver documents by post outside the United Kingdom within such period as is reasonable in all the circumstances.

Notification of decisions

66.  Where, under any provision of these Regulations, a decision is taken in relation to a product or consignment, the person taking the decision shall, if so requested, notify the person responsible for the product or consignment in writing of the decision and the reasons for it, together with details of his right of appeal against the decision including the procedure and time limits applicable.

PART 14 Disapplications and Revocations

Disapplication of existing provisions

67.—(1) The Importation of Embryos, Ova and Semen Order 1980(27) shall not apply to products to which these Regulations apply, except embryos, ova and semen of the ovine and caprine species.

(2) The Importation of Animal Products and Poultry Products Order 1980(28) shall not apply to products to which these Regulations apply, except the products referred to in regulation 3(3) of these Regulations.

(3) The following shall not apply to products to which these Regulations apply——

(a) the Importation of Bovine Semen Regulations 1984(29); and

(b) the Imported Food Regulations 1984(30).

Revocations

68.  The following Regulations are revoked—

• The Products of Animal Origin (Third Country Imports) (Wales) Regulations 2004(31);

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(32).

D. Elis-Thomas

The Presiding Officer of the National Assembly

8 March 2005