The Trade in Animals and Related Products Regulations 2011

PART 3U.K.Importation from a third country

Scope of this PartU.K.

9.  [F1Subject to regulation 26,] this Part applies in relation to the importation into England from a [F2third country] of any animal or product [F3subject to official controls at border control posts].

[F4Meaning and use of Common Health Entry Document “CHED”U.K.

10.—(1) A “Common Health Entry Document” (“CHED”) means a document, or an electronic equivalent, in the format specified in Commission Implementing Regulation (EU) 2019/1715 laying down rules for the functioning of the information management system for official controls and its system components.

(2) Where the imported consignment is required to be accompanied by a CHED to the premises of final destination, the operator responsible for the consignment must complete the relevant parts of the document prior to the physical arrival of the consignment.

(3) The cases where and conditions under which the use of a CHED is required are specified in` Commission Delegated Regulation (EU) 2019/1602 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council concerning the Common Health Entry Document accompanying consignments of animals and goods to their destination.

(4) Where a CHED is required, the operator responsible for the consignment must comply with the provisions of Article 56 of the [F5Official Controls Regulation].

(5) An electronic equivalent refers to a CHED capable of being produced at any time by the person responsible for the consignment] 

[F6Border Control PostsU.K.

11.—(1) A border control post is a place, together with the facilities contained at that place, that has been designated by the Secretary of State in accordance with Article 59 [F7of the Official Controls Regulation].

(2) If at any time the relevant authority is of the opinion that any part of the inspection facilities at the border control post no longer complies with the requirements for approval, the relevant authority may, in accordance with Articles 61 to 63 of the [F8Official Controls Regulation], serve a notice on the operator—

(a)specifying the breach;

(b)providing a time limit within which the conditions must be complied with; and

(c)prohibiting the use of that part of the facilities until the conditions of the approval are complied with.

(3) If the notice is not complied with, the Secretary of State may suspend the approval in relation to that part of the inspection facilities.

(4) If the operator of a border control post is determined by the relevant authority to be in serious breach of the requirements relating to the performance of official controls for any of the categories of animal or product for which it has been designated, or the conditions of the approval, or if the operation of the border control post creates a risk to human or animal health or animal welfare, the Secretary of State must suspend the approval of the border control post and order its activities to cease for all, or specified, categories of animal or product F9....

(5) In paragraph (2), “the relevant authority” means—

(a)in relation to animals, the Secretary of State; or

(b)in relation to products, the district council.]

Appointment of official veterinary surgeons and official fish inspectorsU.K.

12.—(1) The Secretary of State must appoint suitably trained veterinary surgeons to be official veterinary surgeons for any border inspection post authorised to import animals.

(2) The district council for an area with a border inspection post authorised to import products must appoint suitably trained veterinary surgeons to be official veterinary surgeons for that post.

(3) The appointment under paragraph (2) may be made by the Secretary of State rather than the district council if the approval for the border inspection post only permits the importation of animal by-products.

[F10(4) If the approval for the border control post permits the importation of any fishery products, aquatic invertebrates, live bivalve molluscs, live [F11echinoderms, live tunicates and live marine gastropods and composite products containing processed fishery products intended for human consumption, the enforcement authority] may appoint suitably trained environmental health officers or other persons who are appropriately trained to perform official controls or certain tasks related to other official activities, to be official fish inspectors for that post in relation to such products, and any such official fish inspector has all the powers of an official veterinary surgeon in relation to those products.]

Place of importationU.K.

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

Notification of importationU.K.

14.—[F12(1) The person responsible for a consignment of animals or products must notify [F13, through the appropriate computerised information management system,] the border control post of destination of the expected date of its arrival at the border control post at least one working day before it is due to arrive; but where the person can provide evidence of a logistical constraint preventing such notification, that requirement may be satisfied by notification of its expected time of arrival at least four hours in advance.]

F14(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

[F15(4) In the case of a transhipment of products from one border control post to another, the person responsible for the consignment must notify the official veterinary surgeon at the border control post of destination of—

(a)the estimated time of arrival;

(b)the border control post at which the transhipment will be checked;

(c)the identification and location of the consignment; and

(d)the estimated time of departure.]

Procedure on importationU.K.

[F1615.—(1) When the consignment has been unloaded, the person responsible for the consignment must with reasonable expedition arrange for it, together with the [F17relevant export health certificate, in the form published by the Secretary of State and amended from time to time, and other documentation specified for that consignment in retained direct EU legislation relating to importation], to be presented at the border control post inspection facilities to enable official controls in accordance with—

(a)Chapter 5 of the [F18Official Controls Regulation], together with relevant implementing and delegated acts; and

(b)the checks required by Article 37(1) of Regulation (EU) 2016/1012.

(2) Any operator responsible for the consignment must ensure that the consignment is presented for official controls at the border control post at a reasonable time during the working day.

(3) The competent authority must carry out all necessary official controls specified in paragraph (1) and may only issue a CHED permitting entry if—

(a)[F19the consignment complies with the requirements of the following, so far as relevant and when read with any other provisions of the legislation referred to below which apply in relation to such requirements—

(i)the legislation listed in regulation 7(2) of the TARP (ALF) Regulations 2022, as modified by Part 5 of those Regulations or by the legislation referred to in paragraph (ii);

(ii)any legislation made by the appropriate authority under the functions listed in the Schedule to the TARP (ALF) Regulations 2022, where applicable.]

(b)the importation is not prohibited under paragraph (4); and

(c)the correct fee for the checks has been or will be paid.

(4) In the case of live animals, the official veterinary surgeon must not issue a CHED permitting entry if—

(a)the animals are from a territory or part of a territory of a third country not included in [F20a list drawn up in accordance with retained direct EU legislation for the species concerned or from which imports are otherwise prohibited under that legislation of approved third countries, or if imports from that country or territory are otherwise prohibited];

(b)the animals are suffering from or are suspected to be suffering from or infected by a contagious disease or a disease presenting a risk to human or animal health;

(c)the exporting third country has not complied with the requirements provided for in [F21retained direct EU legislation relating to importation];

(d)the animals are not in a fit state to continue their journey; or

(e)the veterinary certificate or document accompanying the animals does not meet the requirements of [F22retained direct EU legislation] relating to importation.

(5) If there are no legislative requirements relating to the consignment, the official veterinary surgeon must not issue a CHED unless the importation has been authorised in writing under this paragraph by—

(a)the Food Standards Agency, for any product for which only public health requirements apply; or

(b)the Secretary of State, for any other product [F23or live animal].

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

(7) An authorisation under paragraph (5)(b) may only be granted if the Secretary of State is satisfied that the consignment does not pose a risk to the animal health status of the United Kingdom.

(8) The official veterinary surgeon must retain evidence of authorisation or refusal of a consignment for a period of three years from the date of the importation.]

[F24Removal from the border control postU.K.

16.—(1) No person may remove a consignment from the border control post unless it is accompanied by a CHED issued by the official veterinary surgeon, or the official fish inspector (as appropriate) in the case of a consignment of fish, and the movement is in accordance with that document.

(2) The person transporting it from the border control post must ensure that the document accompanies the consignment and must transport it directly to the destination specified therein.

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

(4) In the case of live animals, the person responsible for the transport to the final destination must be in possession of the appropriate transport authorisation in accordance with Article 4 of Council Regulation (EC) 1/2005 on the protection of animals during transport and related operations inside the vehicle.

(5) In this regulation, requirements for a consignment to be “accompanied by a CHED” (and cognate expressions), in relation to a CHED in electronic form, refer to the CHED being capable of being produced at any time by the person responsible for the consignment.]

[F25Supervision and monitoring consignmentsU.K.

17.  Where a consignment is required to be taken under supervision from a border control post to a specific destination in [F26Great Britain]—

(a)the movement must be under customs supervision if this is specified in the CHED; and

(b)on arrival, the occupier of the destination premises must immediately notify the [F27appropriate authority of its arrival, and for this purpose “appropriate authority” means the Secretary of State (in relation to England), the Welsh Ministers (in relation to Wales) and the Scottish Ministers (in relation to Scotland)].]

Destination outside [F28Great Britain] U.K.

18.—(1) This regulation relates to a consignment brought into England but intended for an ultimate destination outside [F28Great Britain].

(2) In the case of an [F29imported animal], the person notifying its arrival must provide documentary evidence that the country [F30or territory] of destination will accept the animal, and the official veterinary surgeon at the border inspection post may refuse to accept the animal if this is not provided.

[F31(3) [F32Imported products] which are subject to animal health check requirements [F33under regulation 15(3)(a)], may be taken directly from the border control post to the destination outside [F28Great Britain] without a CHED, so long as the products do not remain for more than three days at an airport border control post or 30 days at a sea port border control post;]

[F34(3A) Products that are not subject to import check requirements, and which arrive at a border control post for an ultimate destination outside [F28Great Britain], may be taken directly from the border control post to their destination without a CHED, so long as the products do not remain at the border control post for more than 90 days.]

(4) But if the consignment is intended to be sent to a destination in the [F35British Islands], and the importation of the product into [F36any of the territories of the British Islands] is not permitted, the official veterinary surgeon must reject the consignment.

Unchecked consignmentsU.K.

19.  The enforcement authority must seize any consignment—

(a)brought into England other than through a border [F37control] post approved for that animal or product;

[F38(b)removed from a border control post without a CHED or [F39without] the authority of the official veterinary surgeon or official fish inspector (as the case may be) at the post; or

(c)transported from the border control post to a destination other than that specified in the entry document.]

Action following failure of checks or seizure – productsU.K.

[F4020.—(1) This regulation applies in relation to any consignment of a product if the checks at a border control post show that the consignment does not comply with the rules referred to in [F41Chapter 5 of Title II] of the [F42Official Controls Regulation].

(2) The official veterinary surgeon or the official fish inspector (as appropriate) must, after consultation with the importer or the importer’s representative, [F43and in accordance with Article 68(1)(b) of the Official Controls Regulation,] place the consignment under detention and refuse its entry into [F44England].

(3) The official veterinary surgeon or the official fish inspector (as appropriate) [F45must] order the person responsible for the consignment—

(a)to subject the consignment to special treatment in accordance with Article 71(1) and (2) or to any other measure necessary to ensure compliance with the rules referred to in [F46Chapter 5 of Title II] of the [F42Official Controls Regulation], and, where appropriate and provided there is no risk to human or animal health, allocate the consignment for purposes other than those for which it was originally intended;

(b)where health conditions permit, to require the person in charge of the consignment to re-dispatch the product in accordance with Article 72 of the [F42Official Controls Regulation] from the same border control post to a destination outside [F47Great Britain] agreed with the person responsible for the consignment, using the same means of transport, within a maximum time limit of 60 days [F48of the date of the official notification of the decision of the enforcement authority after arrival of the consignment ] at the border control post; or

(c)if the person responsible for the consignment gives immediate agreement, re-dispatch is impossible or the 60-day time limit has elapsed, to destroy the products.

(4) The official veterinary surgeon or official fish inspector (as appropriate) may exceptionally authorise destruction, re-dispatch, special treatment, or any other measure that may be taken in respect of a consignment to be taken in respect of a part of the consignment only, provided that the action taken—

(a)is such as to ensure compliance;

(b)does not pose a risk to human or animal health; and

(c)does not disrupt official control operations.

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

(6) If a consignment of products is seized at a place other than a border control post under regulation 19, the enforcement authority must order that such consignment be retained or recalled, and placed under official detention without delay, and paragraphs (2) and (3) of this regulation apply.

(7) The importer or the importer’s representative is liable for the costs incurred in any measures taken under paragraphs (2) to (6) F49....

F50(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Consignments of products likely to constitute a risk to animal or human healthU.K.

F5121.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Serious or repeated infringements and breach of maximum residue limitsU.K.

[F5222.—(1) If the official veterinary surgeon or official fish inspector (as appropriate) suspects that products entering [F53Great Britain] from a particular third country, part of a third country or establishment in a third country have been the subject of serious contraventions of any import requirement, or contraventions that form part of a series, or where those checks reveal that maximum residue levels have been exceeded, [F54the enforcement authority may require extra physical checks and take samples for testing or analysis from subsequent consignments from the source concerned and take appropriate measures in accordance with Section 3 of Chapter 5 of Title II of the Official Controls Regulation].

(2) If the official veterinary surgeon or official fish inspector (as appropriate) has reason to suspect fraudulent or deceptive practices by an operator responsible for a consignment, the Secretary of State may apply intensified official controls.

F55(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) [F56Where the person responsible for consignments is informed that extra checks will be required in accordance with paragraph 1, that person must, before the arrival of future consignments at any border control post, lodge with the relevant enforcement authority a deposit or guarantee sufficient to cover all costs incurred by that enforcement authority, including the costs of taking samples and carrying out tests or analysis.]]

Action following failure of checks or seizure – animalsU.K.

[F5723.—(1) If the checks at a border control post show that an animal does not comply with the rules referred to in [F58Chapter 5 of Title II] of the [F59Official Controls Regulation] relating to that animal, or where such checks reveal an irregularity, the official veterinary surgeon must initially place the animal under detention, isolation or quarantine, as appropriate, where it must be kept, cared for or treated under appropriate conditions pending further official decision on the fate of the animal.

(2) Unless immediate action is necessary in order to respond to a risk to human or animal health or animal welfare or to the environment, the official veterinary surgeon may, after consultation with the importer or the importer’s representative, order the person responsible for the consignment—

(a)to shelter, feed and water and, if necessary, treat the animal;

(b)if necessary, to place it in quarantine or isolate it for so long as is necessary to ensure that there is no risk to human or animal health; or

(c)to re-dispatch the animal in accordance with Article 72 of the [F59Official Controls Regulation] without delay.

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

(4) If an animal is seized under regulation 19 at a place other than a border control post, the enforcement authority must order the consignment to be retained or recalled, and placed under official detention without delay, and paragraphs (1) and (2) apply.

(5) The official veterinary surgeon may exceptionally authorise partial destruction, re-dispatch, special treatment, or any other measure that may be taken in respect of a consignment of animals to be taken in respect of a part of any such consignment, provided that such action—

(a)is such as to ensure compliance with the import check requirements of the [F59Official Controls Regulation] and any relevant Implementing Regulations and Delegated Regulations made under it;

(b)does not pose a risk to human or animal health; and

(c)does not disrupt official control operations.

(6) The importer or the importer’s representative is liable for the costs incurred in these measures F60....]

AppealsU.K.

24.  Any person who is aggrieved by a decision referred to in regulation 20 or 23 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(1) applies to the proceedings.

Additional requirements in specific casesU.K.

25.  Part 2 of Schedule 2 makes additional requirements for specific cases.

Exclusions [F61, derogations and modifications] U.K.

26.— [F62(1)] The provisions of this Part do not apply in the cases specified in Schedule 3.

[F63(2) The provisions of this Part apply subject to the derogations and modifications set out in Schedule 5.

(3) Paragraph (2) (and Schedule 5) have effect and remain in force from immediately after IP completion day until the end of the [F64transitional staging period].]

Re-importation of [F65animals and] productsU.K.

27.—[F66(1) An official veterinary surgeon at a border control post must authorise the re-importation of consignments of the categories of animals and products referred to in points (a) and (b) of Article 47(1) originating from, and returning to, [F67Great Britain] following a refusal of entry by a third country, provided that—

(a)animals and germinal products that have been authorised in advance by the competent authority comply with the relevant animal health and animal welfare requirements;

(b)products of animal origin and composite products comply with animal and public health requirements relating to consignments of products for human consumption originating in and returning to [F67Great Britain] following a refusal of entry by a third country; and

(c)animal by-products comply with the animal health requirements laid down in Annex 14 to Commission Regulation (EU)142/2011 for the entry of consignments of animal by-products originating from and returning to, [F67Great Britain] following refusal of entry by a third country.]

F68(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The official veterinary surgeon must carry out a documentary and identity check and if necessary a physical check.

(3) The importer must either—

(a)transport the consignment directly to the establishment of origin F69..., in leak-proof means of transport, identified and sealed by the official veterinary surgeon at the border [F70control] post so that the seals will be broken whenever the container is opened, or

(b)destroy the consignment as animal by-products.

[F71Admission of products into warehouses in compliance with Customs procedures and storage proceduresU.K.

28.  No person may bring into Great Britain a consignment of products that does not comply with the import requirements of these Regulations and the Customs procedures and storage procedures on imports in the Taxation (Cross-border Trade) Act 2018.]