Office of Public Sector Information
39. In this Part—
“border inspection post of entry” means the border inspection post at which a transit product enters the customs territory of the Community; and
“border inspection post of exit” means the border inspection post through which it is intended a transit product will leave the customs territory of the Community, as specified in the common veterinary entry document relating to that product.
40. No person shall bring a transit product into Northern Ireland 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.
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 need only permit the official veterinary surgeon, or an assistant appointed under to regulation 6(1)(b) or 6(2)(b), to carry out a physical check on the transit product if the official veterinary surgeon considers that it may present a risk to animal or public health or reasonably suspects some other irregularity, as defined in regulation 21(10), in relation to the transit product.
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 Northern Ireland 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 Commissioners or by the 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—
(i) break the seals on the vehicle or container in which the transit product is conveyed;
(ii) unload the transit product;
(iii) split the consignment or part consignment which includes the transit product; or
(iv) 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 thirty days after removal from the border inspection post of entry (excluding the day of removal).
(3) No person shall bring a transit product into a free zone, a free warehouse or a customs warehouse in Northern Ireland.
43.—(1) If a transit product is returned to Northern Ireland 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 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 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 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 post 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.
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;
(b) a ships’ store complying with Article 13 of Directive 97/78/EC located outside the United Kingdom; or
(c) a cross-border means of sea transport.
45.—(1) No person shall bring a product to which this Part applies into Northern Ireland, or present such a product to a border inspection post of destination in Northern Ireland, unless the official veterinary surgeon to whom notice of the product’s introduction or presentation is given under to regulation 17 has been informed—
(a) whether the product is intended ultimately for import;
(b) if not, whether it is a transit product; or a product whose destination establishment is a cross-border means of sea transport; 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 under to regulation 17.
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 only permit the official veterinary surgeon, or an assistant appointed under regulation 6(1)(b) or 6(2)(b), to carry out a physical check on the product if the official veterinary surgeon considers that it present a risk to animal or public health.
47. No person shall bring a non-conforming product into a warehouse in a free zone, a free warehouse or a customs warehouse in Northern Ireland.
48. No person shall move a product whose destination establishment is a cross-border means of sea transport from the border inspection post at which it was brought in other than directly and without delay to that cross-border means of sea transport.
49.—(1) The person responsible for a product or a consignment of products whose destination establishment is a cross-border means of sea transport, and any carrier who has charge of such a product or consignment for the time being, shall ensure that the certificate referred to in Article 13(2)(a) of Directive 97/78/EC, which shall be based on the model in the Annex to Commission Decision 2000/571/EC(26), accompanies the product or consignment from the border inspection post from which it is dispatched until it is delivered on board the means of sea transport.
(2) On delivery of the product or consignment on board the means of sea transport, the master of that means of sea transport, or official representative of the master, shall confirm delivery of the product or consignment by countersigning the certificate referred to in paragraph (1) and returning it as soon as reasonably practicable to the official veterinary surgeon at the border inspection post from which the product or consignment was dispatched (as indicated in the certificate).
(3) The requirements of this regulation apply in addition to the requirements of regulation 20(1) (relating to the common veterinary entry document).
O.J. No.L240, 23.9.2000 p.14 Back [26]
The Products of Animal Origin (Third Country Imports) Regulations (Northern Ireland) 2007