TITLE II

OFFICIAL CONTROLS BY MEMBER STATES
CHAPTER V:

OFFICIAL CONTROLS ON THE INTRODUCTION OF FEED AND FOOD FROM THIRD COUNTRIES

Re-dispatch of consignments
Article 21
1
The competent authority shall allow re-dispatch of consignments only if:
a
the destination has been agreed with the feed or food business operator responsible for the consignment; and
b
the feed and food business operator has first informed the competent authority of the third country of origin or third country of destination, if different, of the reasons and circumstances preventing the placing on the market of the feed or food concerned within the Community; and
c
when the third country of destination is not the third country of origin, the competent authority of the third country of destination has notified the competent authority of its preparedness to accept the consignment.
2
Without prejudice to the national rules applicable with respect to the time limits for applying for a supplementary expert opinion, and where the results of official controls do not preclude it, re-dispatch shall, as a general rule, take place no more than 60 days after the day on which the competent authority decided on the destination of the consignment, unless legal action has been undertaken. If, after the expiry of the 60 day period, re-dispatch does not take place, the consignment shall be destroyed, unless a delay is justified.
3
Pending re-dispatch of consignments or confirmation of the reasons for rejection, the competent authority shall place consignments under official detention.
4
The competent authority shall notify the Commission and other Member States in accordance with the procedure provided for in Article 50(3) of Regulation (EC) No 178/2002 and shall notify its decisions to the customs services. Competent authorities shall cooperate in accordance with Title IV to take any further measures necessary to ensure that it is not possible to reintroduce the rejected consignments into the Community.