S.L. 433.3 Art. 16BChecks at inspection posts other than places of destination.

(1) When the plant health checks, listed in Schedule V Part

B and coming from third countries, are carried out at the inspection posts other than those at the place of destination, the following minimum conditions shall be satisfied:

(a) the Directorate shall have:

(i) authority to carry out the duties;

(ii) technical abilities, especially in the detection and diagnosis of harmful organisms;

(iii) expertise in identification of harmful organisms, or access to such expertise;

(iv) access to appropriate administrative, inspection and testing facilities, tools and equipment, as specified in sub-regulation (2); and

(v) access to facilities for proper storage and quarantine of consignments and, when necessary, for destruction or other suitable treatment, of all or part of the intercepted consignment;

(b) the Director shall also have available:

(i) written, up-to-date national inspection guidelines based on the Act;

(ii) an up-to-date set of Community guidelines for the experts and for national inspectors;

(iii) up-to-date Community plant health legislation;

(iv) an up-to-date list including addresses and telephone numbers of specialised laboratories which have been officially approved for carrying out tests for determining the presence of harmful organisms or for the identification of harmful organisms. Suitable procedures must be in place to ensure the integrity and security of samples when moved to the laboratory and during the testing process; and

(v) up-to-date information on consignments of plants, plant products or other objects coming from third countries which have undergone:

(A) official interception; and

(B) official tests in specialised laboratories together with their results, provided at least that this information is relevant to the plant health checks for the place at which they are carried out; and

(c) the Directorate shall be able to adapt the established programme of plant health checks as quickly as possible in such a way as to meet actual needs, in the light of new plant health risks or any changes in the quantity and or volume of the plants, plant products or other objects offered for introduction at the inspection posts other than those at the place of destination.

(2) The inspectors as referred to in the Act and in these regulations actually in charge of carrying out the inspections at the inspection posts referred to in these regulations, shall have:

(a) technical competence, especially in the detection of harmful organisms; and

(b) expertise in the identification of harmful organisms, or access to such expertise, as part of their qualifications required under the said regulation, and shall have directly available the information referred to in regulation 1(b)(iv) and (v).

(3) The facilities, tools and equipment as referred to in sub-regulation (1) shall be made up of at least:

(a) in respect of administrative facilities:

(i) a rapid communication system;

(ii) the specialised laboratories referred to in sub-regulation (1);

(iii) the customs authorities;

(iv) the Commission;

(v) other Member States; and

(vi) a document duplication system;

(b) in respect of inspection facilities:

(i) suitable areas for inspection, as appropriate;

(ii) adequate lighting;

(iii) inspection table or tables;

(iv) equipment suitable for visual checks, disinfecting the premises and equipment used for plant health checks; and

(v) the preparation of samples for possible further tests in the specialised laboratories referred to in sub-regulation (1); and

(c) in respect of facilities for the sampling of consignments:

(i) appropriate material for the individual identification and packaging of each sample;

(ii) adequate packaging material for sending samples to the specialised laboratories referred to in regulation sub-regulation (1);

(iii) seals;

(iv) official stamps; and

(v) adequate lighting.