The Feeding Stuffs (Enforcement) Regulations 1999

Control of products brought into the United Kingdom from third countries

4.—(1) This regulation applies where an importer brings a product into the United Kingdom from a third country in either Case A or Case B, and references in this regulation to the carrying out of any check by a competent authority shall be taken to include its being carried out by an authorised person on behalf of the authority.

(2) In this regulation—

(a)Case A applies where the product is brought into the United Kingdom directly from the third country;

(b)Case B applies where the product has not yet been put into free circulation in the Community, and is brought into the United Kingdom via a member State and sent to a controlled place.

(3) In Case A, in relation to the product—

(a)the importer shall comply with any directions reasonably given to him, whether orally or in writing, by—

(i)the Commissioners for the purpose of enabling any check under sub-paragraph (b) of this paragraph to be carried out, or facilitating the carrying out of any such check, or

(ii)the competent authority for the like purpose in relation to checks under sub-paragraph (d) of this paragraph;

(b)the Commissioners shall carry out the documentary check called for by Article 5 of Directive 95/53;

(c)the Commissioners and the competent authority may enter into arrangements for the provision by one to the other, on such terms as they may arrange, of facilities to carry out any check which it falls to the other to carry out under this paragraph;

(d)the competent authority may carry out a physical check and an identity check;

(e)the competent authority shall provide the Commissioners with such information as to the result of any such check as they may reasonably require in order to determine the applicable customs procedure called for by Article 5 of Directive 95/53; and

(f)where it is intended for transmission to another member State before it is put into free circulation in the Community, and a model document is accordingly required to be delivered to the importer pursuant to Article 2.1 of Directive 98/68—

(i)the Commissioners shall provide the competent authority with such information as will enable the latter to complete the model document at the appropriate point (that is to say once the importer has notified the competent authority of the description of goods applicable to the product and the competent authority has either decided not to carry out any physical or identity check or has carried out such of those checks as it has decided to carry out), and

(ii)the competent authority shall at that point complete the model document and deliver it to the importer.

(4) In Case B, in relation to the product—

(a)the importer shall present the competent authority with the model document, and with any available results of laboratory analysis as referred to in Article 2.3 of Directive 98/68, and the authority shall retain that document, and any such results, for a period of at least 18 months;

(b)on receipt of the model document, the competent authority may call for the importer to provide a translation as specified in Article 1(3) of Directive 98/68;

(c)the competent authority shall, on receipt of the model document and any translation so called for, notify the Commissioners—

(i)of that receipt;

(ii)as to whether the competent authority is yet satisfied that it would be appropriate for the Commissioners to permit the product to be removed from the controlled place for the purpose of its being put into free circulation in the Community; and

(iii)if the competent authority is not yet so satisfied, as to whether it wishes to carry out any physical or identity check for the purpose of determining whether it is so satisfied;

(d)the Commissioners and the competent authority may enter into arrangements for the provision by the former to the latter, on such terms as they may arrange, of facilities to carry out any check which the latter may wish to carry out under this paragraph;

(e)the competent authority may carry out any such check;

(f)the importer shall comply with any directions reasonably given to him by the competent authority for the purpose of enabling any such check to be carried out or facilitating the carrying out of any such check;

(g)the competent authority shall, following the carrying out of any such check, notify the Commissioners as to whether it is satisfied that it would be appropriate for the Commissioners to permit the product to be removed from the controlled place for the purpose of its being put into free circulation in the Community;

(h)following an affirmative notification as to satisfaction under sub-paragraph (c)(ii) or (g) of this paragraph, the Commissioners may notify the importer that they permit the product to be removed from the controlled place for that purpose; and

(i)no person may remove the product from the controlled place for that purpose without that permission having been so notified.

(5) Where the competent authority has carried out a physical check pursuant to paragraph (3) or (4), and it is established thereby that the product does not comply with a Community provision covered by article 2(1)(a) of Directive 95/53, the competent authority shall, by notice in writing to the importer—

(a)require him (subject to paragraph (6)) to despatch the product out of the Community, within such reasonable period as shall be specified in the notice, and

(b)in relation to him, comply with the requirements of the second and third paragraphs of Article 20 of Directive 95/53.

(6) Notwithstanding paragraph (5)(a), a requirement made by the competent authority under that paragraph shall be deemed to be complied with if, with the prior written consent of the competent authority, the importer deals with the product in one of the ways specified in the indents of Article 8.2 of Directive 95/53, to the satisfaction of the competent authority, and in accordance with any condition imposed by it.

(7) For the purposes of paragraph (6), it shall be for the competent authority to determine in which one, if any, of the ways specified as aforesaid the importer may deal with the product concerned.

(8) Where the importer has been issued with a model document in relation to the product, he shall include reference to the model document in any commercial document he presents to any other person in relation to the product.

(9) If any person, without reasonable excuse—

(a)fails to comply with any directions reasonably given to him under paragraph (3)(a) or (4)(f),

(b)removes a product from a controlled place in contravention of paragraph (4)(i),

(c)fails to comply with a requirement made of him under paragraph (5)(a), or

(d)fails to comply with paragraph (8);

he shall be guilty of an offence.

(10) Where a person is guilty of an offence under paragraph (9) he shall be liable—

(a)in the case of an offence under paragraph (9)(b), (c) or (d)—

(i)on summary conviction, to a fine not exceeding the statutory maximum,

(ii)on conviction on indictment, to a fine, and

(b)in the case of an offence under paragraph (9)(a), on summary conviction to a fine not exceeding level 3 on the standard scale.

(11) Where a person is guilty as aforesaid, the competent authority (save in the case of failure to comply with paragraph (8)) or, in the case of failure to comply with directions given under paragraph (3)(a)(i), or contravention of paragraph (4)(i), the Commissioners or the competent authority, may seize the product, and return it to the country of despatch.

(12) Where the competent authority acts or, as the case may be, the Commissioners act, in accordance with paragraph (11), it or, as the case may be, they, shall be entitled to recover its or, as the case may be, their, expenses so incurred on demand from the person who has failed to comply with the directions in question or requirement under paragraph (5)(a), or has contravened paragraph (4)(i).

(13) Every competent authority shall provide to the Minister, in writing, such information as is available to it and will assist the Minister to comply with the requirement specified in Article 8.1 of Directive 95/53 as regards notification of rejected products.