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3.—(1) Regulation 4 shall not apply to—
(a)the importation of any controlled entity if, when imported, that controlled entity is accompanied by valid certification relating to it, as specified in paragraph (4);
(b)any subsequent activity in relation to the controlled entity, if it can be proved by the person carrying out the activity that at the time of importation it was so accompanied; or
(c)the return to Belgium, under cover of an official certificate in accordance with Article 5 of Commission Decision 1999/449/EC, as read with Article 2 of Commission Decision 1999/551/EC, of any controlled entity.
(2) Subject to paragraph (3), regulation 6 shall not apply to any imported controlled entity which is accompanied by valid certification relating to it as specified in paragraph (4).
(3) Article 8(1) of the Order with the modifications set out in regulation 6(2)(a) and (d) and with the omission of the words “and paragraphs (3) to (9) shall apply where, on such an inspection, it appears to the authorised officer that any food fails to comply with food safety requirements” shall apply to a controlled entity mentioned in paragraph (2).
(4) The certification referred to in paragraphs (1)(a) and (b) and (2) is the certification which would have applied to the controlled entity by virtue of the Control Order, had that Order extended beyond food and food sources.
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