38.—(1) This regulation applies to transhipped products where the border inspection post of introduction is in Wales.
(2) As soon as a product to which this regulation applies arrives at the border inspection post of introduction, the person responsible for the product must notify the official veterinary surgeon there in writing, or in computerised or other electronic form, of the exact location of the product, of the estimated time of its transhipment or unloading, and of its border inspection post of destination.
(3) Where, according to the notification given under paragraph (2), a product to which this regulation applies is to be transhipped—
(a)from one aircraft to another, either directly or after being unloaded in a customs controlled area at the border inspection post of introduction for less than twelve hours; or
(b)from one sea-going vessel to another, either directly or after being unloaded in a customs controlled area at the border inspection post of introduction for less than seven days,
the conditions set out in paragraph (4) apply.
(4) The conditions referred to in paragraph (3) are that—
(a)where a person is required by regulation 18 to present the product and its required documents, to the official veterinary surgeon at the border inspection post of introduction, or to ensure that they are so presented; and
(b)the official veterinary surgeon considers that the product presents a risk to animal or public health,
the person mentioned in sub-paragraph (a) must permit the official veterinary surgeon, or an assistant appointed under regulation 6(1)(b) or 6(2)(c), to carry out a documentary check on the required documents.
(5) Paragraph (6) applies where it is proposed—
(a)to unload a product to which this regulation applies from an aircraft; and
(b)to reload that product onto an aircraft within a period of not less than twelve hours and no greater than 48 hours from the time it was unloaded.
(6) The person responsible for the product must ensure that—
(a)it is stored under the supervision of the official veterinary surgeon at the border inspection post of introduction in a customs controlled area there; and
(b)it is then reloaded onto an aircraft for onward transport to its border inspection post of destination.
(7) Paragraph (8) applies where it is proposed—
(a)to unload a product to which this regulation applies from a sea-going vessel; and
(b)to reload that product onto a sea-going vessel within a period of not less than seven days and no greater than twenty days from the time it was unloaded.
(8) The person responsible for the product must ensure that—
(a)it is stored under the supervision of the official veterinary surgeon at the border inspection post of introduction in a customs controlled area there; and
(b)it is then reloaded onto a sea-going vessel for onward transport to its border inspection post of destination.
(9) Any person required by regulation 18 to present a product to which paragraphs (5) and (6) or paragraphs (7) and (8) apply and its required documents to the official veterinary surgeon at a border inspection post of introduction must permit the official veterinary surgeon there, or an assistant appointed under regulation 6(1)(b) or 6(2)(c), to carry out a documentary check on the required documents and, if the official veterinary surgeon considers that the product presents a risk to animal health or public health, an identity check of the product against the required documents and a physical check of the product.
(10) Where it is proposed—
(a)to unload a product to which this regulation applies from an aircraft and to store that product for more than 48 hours after unloading; or
(b)to unload a product to which this regulation applies from a sea-going vessel and to store that product for more than twenty days after unloading,
any person required by regulation 18 to present the product and its required documents to the official veterinary surgeon at the border inspection post of introduction, must permit the official veterinary surgeon there, or an assistant appointed under regulation 6(1)(b) or 6(2)(c), to carry out in all cases, an identity check of the product against the required documents and a physical check of the product.