PART 3 U.K.Assistance and co-operation under Title IV and recovery of expenses

Duties of designated authorities U.K.

8.  A designated authority must notify the Secretary of State if it considers that it is unable to undertake action required in any individual case under Title IV (administrative assistance and cooperation) and must provide such information to the Secretary of State as may reasonably be requested.

Commencement Information

I1 Reg. 8 in force at 14.12.2019, see reg. 1(1)

Facilitating assistance and co-operation U.K.

9.—(1) For the purposes of assisting a competent authority of another member State as provided for in Article 104, or enabling the Secretary of State or a designated authority to do so, an inspector exercising powers under relevant legislation to enter premises or to inspect records may—

(a) be accompanied by authorised officers of a competent authority of another country;

(b) show records to such accompanying authorised officers; and

(c) make copies for them, or require copies to be made for them, of the records.

(2) For the purposes of facilitating a visit by an inspection team as provided for in Article 108, an inspector may be accompanied by representatives of the EU Commission when exercising powers under relevant legislation to enter premises and inspect records.

(3) Any person may be required to provide an enforcement officer with such assistance, information or facilities as the officer may reasonably require for the purpose of the execution or enforcement of these Regulations or the EU Official Controls Regulations.

Commencement Information

I2 Reg. 9 in force at 14.12.2019, see reg. 1(1)

[F1 Facilitating assistance and co-operation in England and Wales and Scotland in relation to matters falling within Articles 1(2)(i) and 1(2)(j) of the EU Regulation U.K.

9A.   Regulation 9 applies in relation to England and Wales and Scotland insofar as it relates to matters falling within Article 1(2)(i) (organic production and labelling of organic products) and Article 1(2)(j) (use and labelling of protected designations of origin, protected geographical indications and traditional specialities guaranteed) subject to the following modifications—

(a) in paragraph (1)—

(i) in the opening words, as if “another member State” were omitted;

(ii) in sub-paragraph (a), for “a competent authority of another country” there were substituted “ another competent authority ”;

(b) as if paragraph (2) were omitted.]

Textual Amendments

F1 Reg. 9A inserted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 5(5)

Recovery of expenses U.K.

10.—(1) Any expenses incurred by the Secretary of State or a designated authority in carrying out enforcement activities under these Regulations, or measures under Articles 66, 67, 69 or 138, may be recovered from the relevant business operator, and such expenses must be paid on written demand.

(2) Any sum owing under these Regulations and unpaid may be recovered—

(a) as a civil debt;

(b) under an order of the court, on such terms as the court may order.

Commencement Information

I3 Reg. 10 in force at 14.12.2019, see reg. 1(1)