50. In this Part, “export certificate”, in relation to a returned product, means a certificate—
(a) issued by the authorities in the original country of export; and
(b) declaring that the returned product complies with the relevant animal or public health standards of the country of receipt to which the product was originally exported.
51. Any person who presents under 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 brings it into Northern Ireland that it has not been unloaded from the container in which it was exported, or otherwise handled.
52. 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 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 returned product in any case where 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.
53.—(1) No person shall remove, or cause to be removed, a returned product from a border inspection post—
(a) without the written authorisation of the official veterinary surgeon there; and
(b) 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.
(2) The person responsible for a returned product removed in accordance with paragraph (1), and any carrier who has charge of it for the time being must 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 (1)(b); and
(b) the common veterinary entry document accompanies it until the returned product reaches its Community establishment of origin.
(3) No person shall—
(a) break the seals on the container or means of transport in which the returned product is conveyed;
(b) unload the returned product;
(c) split the consignment or part consignment which includes the returned product; or
(d) subject the returned product to any form of handling,
until it reaches its Community establishment of origin.
(4) The operator of the Community establishment of origin must give immediate written notification of the arrival there of the returned product to the veterinary officer who is responsible for that establishment.
54.—(1) A reasonable charge calculated in accordance with regulations 55 and 56 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 Department, the district council or the Agency, whichever is responsible, under Regulations 5, for enforcing these Regulations in relation at the border inspection post where the veterinary checks are carried out.
55. 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.
56. 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.
57. The person responsible for a consignment shall pay on demand the charge made for the veterinary checks carried out on the consignment.
58.—(1) The Department, or the district council shall, if so requested in writing, supply to any person who presents products under regulation 18, or to any organisation representing such persons, details of the calculations which it uses to determine charges for veterinary checks and shall take into account any representations made by such a person or organisation in determining such charges.
(2) If requested in writing so to do by the Department, a district council shall provide the Department with such information as 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).
59.—(1) Any person who has paid a charge for veterinary checks to a district council, and any organisation representing such person, may, within twenty-one days of the charge being made, appeal in writing to the Department on the ground that the amount of the charge is unreasonable.
(2) Where there is an appeal under paragraph (1), the Department shall consult with the district council and, if then satisfied that the amount of the charge is unreasonable, shall so inform the district council, and the district council shall recalculate the amount of the charge in accordance with any directions given by the Department and repay to the person who has paid the charge the difference between the original charge and the recalculated charge.
(3) Any person who has paid a charge for veterinary checks to the Department and any organisation representing such person may, within twenty-one days of the charge being made, appeal to an independent person appointed by the Department on the ground that the amount of the charge is unreasonable.
(4) Where there is an appeal under paragraph (3), the independent person referred to in that paragraph shall consult with the Department and, if then satisfied that the amount of the charge is unreasonable, shall so inform the Department, who shall recalculate the amount of 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.
(5) The terms of appointment and the remuneration of the independent person referred to in paragraph (3) shall be determined by the Department.
60.—(1) Any person who has paid a charge for veterinary checks to the Department 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 Department, or, where the charge was paid to an 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 Department in paragraphs (3) to (4) must be performed by the Agency.
(3) Where an appellant gives notice of his wish to appear before and be heard by an independent person appointed for the purpose—
(a) the Department must 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 must not, except with the consent of the appellant, be an officer or servant of the Department;
(c) if the appellant so requests, the hearing must be in public;
(d) the independent person must report to the Department; and
(e) if the appellant so requests, the Department must provide him 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 Department must 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.