the Territory of Malta Regulations, 2003

B

L.N. 355 of 2003

VETERINARY SERVICES ACT, 2001

(ACT NO. XXIII OF 2001)

Principles Governing the Organisation of Veterinary Checks on Animals

Entering the Community from Third Countries Via Border Inspection Posts of

the Territory of Malta Regulations, 2003

IN exercise of the powers conferred by article 16 of the Veterinary Services Act,

2001, the Minister for Rural Affairs and the Environment has made the following

regulations:-

Title, scope and commencement

(1) The title of these regulations is Principles Governing the Organisation of

Veterinary Checks on Animals Entering the Community from Third Countries Via

Border Inspection Posts of the Territory of Malta Regulations, 2003.

(2) The scope of these regulations is the implementation of European Union

Council Directive 91/496/EEC laying down the principles governing the organisation

of veterinary checks on animals entering the Community from third countries and

amending European Union Council Directives 89/662/EEC, 90/425/EEC and

90/675/EEC.

(3) Veterinary checks in respect of animals from third countries entering the

European Community via border inspection posts situated on the territory of Malta

shall be carried out by the Veterinary Services in accordance with these regulations.

(4) These regulations shall not apply to veterinary checks on family pets

accompanying travellers for non-commercial purposes, other than equidae.

Definitions

General conditions for the approval of border inspection posts.

In order to obtain European Community approval, border inspection posts must have

–

1) a dedicated access lane for the transport of live animals so that the animals are

spared unnecessary waiting;

2) facilities (which must be easy to clean and disinfect) for loading and unloading the

different means of transport, inspection, feeding, watering and treatment of the

animals, with adequate space, lighting and ventilation for the number of animals to be

inspected;

3) sufficient numbers, in relation to the numbers of animals dealt with by the border

inspection post, of veterinary and auxiliary staff specially trained to carry out checks

on the accompanying documents and the clinical checks referred to in regulations 4,

5, 8 and 9 of these regulations;

4) sufficiently large premises at the disposal of the staff responsible for carrying out

veterinary checks, including changing rooms, showers and toilets;

5) appropriate premises and facilities for taking and processing the samples for the

routine checks laid down in European Community veterinary rules;

6) the services of a specialised laboratory able to carry out special tests on the samples

taken at the post;

7) the services of an undertaking in the immediate vicinity which has the facilities and

equipment to house, feed, water, treat and, if necessary, slaughter the animals;

8) where such posts serve as stopping or transfer points for animals during transport,

suitable facilities for the animals to be unloaded, watered, fed, housed properly where

necessary and given the requisite treatment or if necessary to be slaughtered on the

spot in a way which spares them unnecessary suffering;

9) appropriate equipment permitting the rapid exchange of information with other

border inspection posts and the other veterinary authorities by means of the

computerised information exchange system ANIMO;

10) equipment and facilities for cleaning and disinfecting.

(1) For the purposes of these regulations, the definitions contained in article

2 of European Union Council Directive 90/425/EEC shall apply as necessary.

(2) In addition -

(a) “Border inspection post” shall mean any inspection post located in the

immediate vicinity of the external border of the territory of Malta and

designated and approved in accordance with regulation 6.

(b) “Consignment” shall mean a quantity of animals of the same species,

covered by the same veterinary certificate or document, conveyed by the same

means of transport and coming from the same third country or same part of

such country;

(c) “Documentary check” shall mean verification of the veterinary certificates

or documents accompanying an animal;

(d) “Identity check” shall mean verification, by visual inspection only, for

consistency between the documents or certificates and the animals and for the

presence and conformity of the marks which must appear on the animals;

(e) “Importer” shall mean any natural or legal person who presents animals for

importation into the territory of Malta;

(f) “Physical check” shall mean a check of the animal itself, possibly including

sampling and laboratory testing and, where appropriate, additional checks

during quarantine;

Furthermore, “Trading Partner” as mentioned under article 2 of the Veterinary

Services Act shall only mean –

(i)

Member States of the European Community;

(ii)

Third countries to the European Community;

where applicable.

CHAPTER I

Organisation and follow up of checks

Important rules

General conditions for the approval of quarantine centres

1) The requirements of Schedule A, points 2, 4, 5, 7, 9 and 10 shall apply.

B

2) In addition, quarantine centres must –

- be placed under the permanent control and under the responsibility of the

official veterinarian,

- be located at a distance from holdings or other places where animals are kept

which are likely to be infected by contagious diseases,

- have an efficient control system so as to ensure adequate surveillance of the

animals.

(1) In the territory of Malta –

(a) importers are obliged to give one working day's notice to the veterinary

staff of the border inspection post where the animals are to be presented

specifying the number, nature and estimated time of arrival of the animals;

(b) the animals are conveyed directly, under official supervision, to the

inspection site referred to in regulation 6 or, where applicable, to a quarantine

centre as provided for in the regulation 10(1);

(c) the animals may not leave such post or centre unless, without prejudice to

the special provisions to be adopted in accordance with requirements of

European Community and in accordance with the procedure provided for in

article 16(2) of the Veterinary Services Act, proof has been supplied –

(i) in the form of the certificate provided for in regulation 7(1)(b) or in

regulation 8, that the veterinary checks have been carried out on the

animals in question in accordance with regulation 4(1) and (2)(a), (b)

and (d) and regulation 8 and 9 to the satisfaction of the Veterinary

Services;

(ii) that the veterinary checks have been paid for, and that, where

relevant, a deposit covering any cost provided for in regulation

10(1)(b) and (c), regulation 10(6) and regulation 12(2) has been

B

lodged;

(d) the customs authority does not authorise release for free circulation in the

territory of Malta and in the territories referred to in Annex I to European

Union Council Directive 97/78/EC unless, without prejudice to the specific

provisions to be adopted in accordance with European Community rules and

the procedure laid down in article 16 (2) of the Veterinary Services Act, proof

has been supplied that the requirements in (c) have been fulfilled.

(2) Detailed rules for implementing this regulation shall be adopted, as the

need arises, in accordance with requirements of European Community and in

accordance with the procedure laid down in article 16 (2) and (4) of the Veterinary

Services Act.

Documentary and identity checks on animals from third countries

(1) In the territory of Malta, irrespective of the customs destination of the

animals, each consignment of animals from a third country is subjected by the

Veterinary Services to a documentary check and identity check at one of the border

inspection posts approved for that purpose, in order to verify -

(a) their origin;

(b) their subsequent destination, particularly in the case of transit or in the case

of animals, trade in which has not yet been harmonised at European

Community level or which are subject to specific requirements recognised by

a European Community Decision in respect of the Member State of

destination;

(c) that the particulars which appear on the certificates or documents afford the

guarantees required by European Community rules or, in the case of animals,

trade in which has not yet been harmonised at European Community level, the

guarantees required under the national rules applicable in the various cases

covered by these regulations;

(d) that no indication of rejection of the consignment has been given through

the relevant procedure specified in the European Union Council Decision

92/438/EEC;

(2) Without prejudice to the exemptions pursuant to regulation 8, the official

veterinarian must carry out a physical check on animals presented at the inspection

site. The check must be made after reference to the information received according to

sub-regulation (1)(d). That check must include, in particular –

(a) a clinical examination of the animals in order to ensure that they conform

to the information provided in the accompanying certificate or document and

that they are clinically healthy. In accordance with requirements of European

Community and in accordance with the procedure laid down in article 16(2) of

the Veterinary Services Act, derogation may be made, subject to certain

conditions and in accordance with rules to be established under the same

procedure, from the principle of individual clinical examination in respect of

certain categories and species of animals;

(b) any laboratory tests which it is thought necessary should be carried out or

which are provided for by Community rules;

(c) possible official samples to be examined for residues and analysed as soon

as possible;

(d) verification of compliance with the requirements of European Community

legislation on the protection of animals during transport. For the purposes of a

subsequent check on transport and, where appropriate, on compliance with the

additional requirements of the holding of destination, the official veterinarian

of the border inspection post shall communicate the necessary information to

the competent authorities of the Member State of destination by means of the

computerised information exchange system ANIMO.

The official veterinarian of the border inspection post may be assisted in certain of

these tasks by qualified staff with special training, working under his direction.

(3) However at demand of the Member State of destination, by way of

derogation from sub-regulations (1) and (2), for animals entering a port or an airport

in the territory defined in Annex I to European Union Council Directive 97/78/EC via

a border inspection post on the territory of Malta, the identity check and the physical

check may be carried out at such port or airport of the Member State of destination,

provided that such port or airport has a veterinary inspection post, and that the

animals continue their journey, as the case may be, by sea or by air in the same vessel

or in the same aircraft. In such cases, the Veterinary Services of Malta which carried

out the documentary check shall, inform the official veterinarian of the inspection

post of the Member State of destination by means of the computerised information

exchange system ANIMO, that the animals have passed through.

(4) All expenditure incurred by the application of this regulation shall be

chargeable to the consignor, the consignee or their agent, without reimbursement by

the State.

(5) The detailed rules for applying this regulation, including those relating to

the training and qualification of assistants, shall be adopted, as the need arises, in

accordance with requirements of European Community and in accordance with the

procedure laid down in article 16 (2) and (4) of the Veterinary Services Act.

Prohibition of entry into the territory of Malta

Entry into the territory defined in Annex I to European Union Council

Directive 97/78/EC via a border inspection post on the territory of Malta shall be

prohibited where the checks show that –

(a) animals of species in respect of which import rules have been harmonised

at European Community level come, without prejudice to the special

conditions provided for in article 19 of European Union Council Directive

90/426/EEC concerning the movement and import of equidae, from a territory

or part of a territory of a third country not included in the lists drawn up in

B

accordance with European Community rules for the species concerned or from

which imports are prohibited pursuant to a veterinary decision;

(b) animals other than those referred to in (a) do not comply with the

requirements provided for in the national rules corresponding to the various

cases covered by these regulations;

(c) animals which are suffering from or are suspected to be suffering from or

infected by a contagious disease or a disease presenting a risk for public health

or animal health, or any other reason provided for in European Community

veterinary legislation;

(d) the exporting third country has not complied with the requirements

provided for in European Community veterinary legislation;

(e) animals are not in a fit state to continue their journey;

(f) the veterinary certificate or document accompanying animals does not meet

the conditions set pursuant to European Community veterinary legislation.

The detailed rules for applying this regulation shall be adopted in accordance with

requirements of the European Community and in accordance with the procedure laid

down in article 16 (2) and (4) of the Veterinary Services Act.

Border inspection posts

(1) Border inspection posts must satisfy the requirements of this regulation.

(2) Border inspection posts must be -

(a) located at a port or airport in the territory of Malta;

(b) located in a customs area enabling other administrative formalities to be

carried out, including customs formalities relating to importation;

(c) designated and approved in accordance with sub-regulations (3), (4) and

(5);

(d) placed under the authority of an official veterinarian, who shall be

effectively responsible for the checks. The official veterinarian may be

assisted by specially trained auxiliary staff working under his direction. The

official veterinarian shall ensure that all updating of the data bases indicated in

regulation 4 sub-regulation (1)(d) is carried out.

(3) To be approved a border inspection post situated in the territory of Malta

must be in compliance with the minimum requirements set out in Schedule A.

A list of border inspection posts of the territory of Malta shall be established by the

Veterinary Services, and shall be submitted to the European Commission providing

the following information -

(a) Nature of the border inspection post –

(i) port,

(ii) airport;

(b) nature of the animals which could be checked at the border inspection

posts in question given the equipment and veterinary staff available, indicating

any animals that cannot be checked at those border inspection posts and for

registered equidae the operating hours of a specially approved border

inspection post;

(c) staff assigned to veterinary checks -

(i) number of official veterinarians with at least one official

veterinarian on duty at all times that the border inspection post is open,

(ii) number of specially qualified auxiliary staff or assistants;

(d) description of the equipment and premises available for carrying out -

(i) the documentary check,

(ii) the physical check,

(iii) sampling, the general tests laid down in regulation 4 (2) (b),

(iv) the specific tests ordered by the official veterinarian;

(e) capacity of the premises available to house animals where necessary,

pending the test results;

(f) nature of the equipment allowing a rapid exchange of information,

particularly with other border inspection posts;

(g) volume of trade (types and quantities of animals passing through this

border inspection post).

(4) The competent national authorities, shall ask the European Commission to

inspect, in conjunction with the Veterinary services of Malta, the border inspection

posts designated in accordance with sub-regulation (3) in order to satisfy itself that

there is uniform application of the rules on veterinary checks and that the various

border inspection posts in fact possess the necessary infrastructures and meet the

minimum requirements laid down in Schedule A.

(5) The approved border inspection posts of Malta are those mentioned in the

list of approved border inspection posts, and any subsequent updates, published by

European Commission in the Official Journal of the European Communities

B

Animals which are not to be placed on the market of Malta and which are

destined for another Member State

(1) Where animals of species for which import rules have been harmonised

at European Community level are not to be placed on the market in the territory of

Malta but for which the final destination is another Member State, the official

veterinarian of the border inspection post shall, without prejudice to the specific

requirements applicable to equidae registered and accompanied by the identification

document provided for by European Union Council Directive 90/427/EEC

(a) provide the person concerned with a copy or, if the consignment of animals

is split, several individually authenticated copies of the original certificates

relating to the animals; the period of validity of such copies shall be no more

than 10 days,

(b) issue a certificate which matches the model drawn up by the European

Commission attesting that the checks referred to in regulation 4 (1) and (2) (a),

(b) and (d) have been carried out to the satisfaction of the official veterinarian,

and specifying the nature of the samples that have been taken and the results

of any laboratory tests, or when those results are expected,

(c) keep the original certificate or certificates accompanying the animals.

(2) Detailed rules for the application of sub-regulation (1) shall be adopted in

accordance with requirements of European Community and in accordance with the

procedure laid down in article 16(2) of the Veterinary Services Act.

(3) Once animals have passed through the border inspection post, trade in the

animals referred to in sub-regulation (1) and allowed into the territory of Malta and

the territories listed in Annex I to European Union Council Directive 97/78/EC shall

be conducted in accordance with the rules for veterinary checks laid down in

European Union Council Directive 90/425/EEC. In particular, the information of the

competent authority of the place of destination in a Member State given by means of

the computerised information exchange system: ANIMO, must specify whether –

(a) animals are intended for a Member State or an area of this Member State

having specific requirements,

(b) samples have been taken but the results are not known when the means of

transport leaves the border inspection post.

(4) (a) Where animals of species for which import rules have been harmonised

at European Community level, are not to be placed on the market in the

territory of the Member State which carried out the checks referred to in

regulation 4, but in the territory of Malta, the Veterinary Services shall be

provided with -

(i) a copy or, if the consignment of animals is split, several individually

authenticated copies of the original certificates relating to the animals;

the period of validity of such copies shall be no more than 10 days,

(ii) a certificate which matches the model described in regulation 7

(1)(b) attesting that the checks referred to in regulation 4 (1) and (2)

(a), (b) and (d) have been carried out to the satisfaction of the official

veterinarian, and specifying the nature of the samples that have been

taken and the results of any laboratory tests, or when those results are

expected,

(b) Detailed rules for the application of sub-regulation (4)(a) shall be adopted

in accordance with requirements of European Community and in accordance

with the procedure laid down in article 16(2) of the Veterinary Services Act.

(c) Once animals have passed through border inspection post trade in the

animals referred to in sub-regulation (4)(a) and allowed into the territory of

Malta and the territories listed in Annex I to European Union Council

Directive 97/78/EC shall be conducted in accordance with the rules for

veterinary checks laid down in European Union Council Directive

90/425/EEC. In particular, the information to the Veterinary Services shall be

given by means of the computerised information exchange system ANIMO

and shall specify whether -

(i) animals are intended for a holding of destination having specific

requirements,

(ii) samples have been taken but the results are not known when the

means of transport leaves the border inspection post.

Veterinary checks on imports of animals of species not covered by Annex A of

EU Council Directive 90/425/EEC

In the territory of Malta –

(1) Veterinary checks on imports of animals of species not covered by Annex

A to European Union Council Directive 90/425/EEC are carried out in accordance

with the following provisions -

(a) where animals are presented directly at one of the border inspection post to

be imported in the territory of Malta, they shall undergo at that post all the

checks provided for in regulation 4;

(b) where animals are presented at border inspection post to be imported in a

Member State, with the latter's prior agreement –

(i) either all the checks referred to in regulation 4 shall be carried out at

that post on behalf of the Member State of destination in order, in

particular, to ensure that the latter's animal health requirements have

been complied with;

(ii) or, in the event of agreement between the Veterinary Services and

the competent central authority of the Member State of destination and,

where appropriate, those of the Member State or Member States of

B

transit, only the checks provided for in regulation 4 (1) shall be carried

out at that post, in which case the checks provided for in regulation 4

(2) shall be carried out in the Member State of destination.

In the latter case, however, animals may leave the border inspection post where

the documentary check and identity check have been carried out only in sealed

means of transport and only after the official veterinarian -

- has indicated on the copy, or, where the consignment is split, on the copies,

of the original certificates that the animals have passed through and that the

check has been carried out,

- has informed, by means of the computerised information exchange system

ANIMO, the veterinary authority of the place of destination or, where

appropriate, of the Member State or Member States of transit, that the animals

have passed through,

- notwithstanding regulation 3 (1) (c), has given a discharge to the competent

customs authority of the border inspection post in respect of the animals

presented. In the case of animals intended for slaughter, only the solution set

out in (i) is valid.

(2) Pending adoption of the specific decisions provided for under European

Community rules, animals the trade in which has been harmonised at European

Community level but which come from a third country for which uniform animal

health conditions have not yet been established, shall be imported subject to the

following conditions –

(a) they must have remained in the third country of dispatch at least during the

periods provided for in article 10 (1) of European Union Council Directive

72/462/EEC;

(b) they must undergo the checks provided for in regulation 4 or in case of

introduction through a border inspection post in another Member State, the

checks provided for in article 4 of European Union Council Directive

91/496/EEC;

(c) they may not leave the border inspection post or the quarantine centre

unless such checks show that the animal or consignment of animals -

(i) either, without prejudice to specific requirements applicable to the

third countries concerned in respect of diseases foreign to the territory

of Malta and to the territory of the other Member States, complies with

the animal health requirements applicable in trade in the species

concerned as laid down in the veterinary legislation referred to in

Annex A to European Union Council Directive 90/425/EEC or with

the animal health requirements laid down in European Union Council

Directive 72/462/EEC;

(ii) or, in respect of one or more specific diseases, fulfils the conditions

B

of equivalence recognised, in accordance with international agreement,

on the basis of reciprocity, between the requirements of the third

country and those of the European Community-

- if they are intended for a holding in the territory of Malta

benefiting from the additional guarantees, provided for in

article 3 (1) (e) (iii) and (iv) of European Union Council

Directive 90/425/EEC or if they are intended for a Member

State benefiting from the additional guarantees provided for in

article 3 (1) (e) (iii) and (iv) of European Union Council

Directive 90/425/EEC, they must satisfy the relevant

requirements;

- after they have passed through the border inspection post,

they must, in the case of animals for slaughter, be conveyed to

the slaughterhouse of destination, or, in the case of animals for

breeding and production or aquaculture animals, be conveyed

to the holding of destination.

(3) if the checks provided for in sub-regulation (1) and (2) show that the

animal or the consignment of animals does not comply with the requirements laid

down therein, the animal or consignment may not leave the border inspection post or

quarantine centre and regulation 12 shall be applicable;

(4) (a) Where the animals referred to in sub-regulation (1) are not intended to

be placed on the market in the territory of Malta, the provisions of regulation 7

shall apply, and in particular those relating to the issue of the certificate;

(b)Where the animals referred to in sub-regulation (1) are intended to be

placed on the market in the territory of Malta through the border inspection

post of another Member State which has carried out the veterinary checks, the

provisions of regulation 7(4) shall apply and in particular those relating to the

issue of the certificate.

(5) At the place of destination in the territory of Malta, animals for breeding

and production shall remain under the official supervision of the Veterinary Services.

After an observation period to be determined in accordance with requirements under

European Community rules and in accordance with the procedure laid down in article

16 (2) of the Veterinary Services Act, the animals may enter intra-Community trade

under the conditions laid down in European Union Council Directive 90/425/EEC.

Animals for slaughter shall be subject, in the slaughterhouse of destination, to the

rules relating to the slaughter of the species concerned.

(6) Detailed rules for the application of this regulation shall be adopted, as the

need arises, in accordance with requirements of European Community and in

accordance with the procedure laid down in article 16 (2) of the Veterinary Services

Act.

B

Authorisation by Malta for the transit of animals from one third country to

another third country

(1) Malta shall authorise the transit of animals from one third country to

another third country provided that –

(a) such transit has been previously authorised by the official veterinarian of

the border inspection post of the territory of Malta where the animals must be

presented in order to undergo there the checks provided for in regulation 4

and, by the Veterinary Services;

(b) the party concerned supplies proof that the first third country to which the

animals are being sent, after transit through the territory of Malta or one of the

territories referred to in Annex I to European Union Council Directive

97/78/EC, undertakes under no circumstances to reject or to send back the

animals, the importation or transit of which it has authorised and undertakes to

comply, in the territory of Malta and one of the territories referred to in Annex

I to European Union Council Directive 97/78/EC, with European Community

rules on protection during transport;

(c) the check referred to in regulation 4 shows to the satisfaction of the

veterinarian, if applicable after the animals have passed through a quarantine

centre, that the animals fulfil the requirements of these regulations or, in the

case of animals referred to in Annex A to European Union Council Directive

90/425/EEC, afford health guarantees recognised by the European Community

as being at least equivalent to the requirements laid down in European Union

Council Directive 91/496/EEC;

(d) the official veterinarian of the border inspection post notifies the fact that

the animals have passed through to the competent authorities of the Member

State or Member States of transit and of the border post of exit, by means of

the information exchange system ANIMO.

(e) In the case of passage from a border inspection post of the territory of

Malta, through the territory of Malta and to a border post of exit, competent

authorities of the Member State or Member States of transit and of the border

post of exit, shall be informed by means of the computerised information

exchange system ANIMO. In addition, such transit is carried out under

customs transit procedure (external transit) or under any other customs transit

procedure provided for in European Community rules; the only handling

authorised during transit shall be that carried out at the point of entry into or

exit from the territory of Malta and one of the territories referred to in Annex I

to European Union Council Directive 97/78/EC, and operations to ensure the

animals' welfare.

(2) All expenditure incurred pursuant to this regulation shall be chargeable to

the consignor, the consignee or their representative, without compensation by the

Quarantine or isolation of live animals

(1) In cases where European Community veterinary rules or the national

B

rules of the place of destination, in areas which have not been harmonised at

European Community level and in compliance with general European Community

rules on trade, provide for live animals to be placed in quarantine or isolation, such

quarantine or isolation may take place -

(a) for disease other than foot-and-mouth disease, rabies and Newcastle

disease, at a quarantine centre situated in the third country of origin, provided

that it has been approved by the European Commission and is regularly

inspected by its veterinary experts;

(b) at a quarantine centre situated within the territory of Malta, which meets

the requirements laid down in Schedule B, or one of the territories referred to

in Annex I to European Union Council Directive 97/78/EC, which meets the

requirements laid down in Schedule B;

(c) on the holding of destination.

Special safeguards to be complied with during transport between the quarantine centre

farms of origin and of destination and border inspection posts and in the quarantine

centres referred to in (1)(a) may be laid down in accordance with requirements of

European Community and implemented in accordance with the procedure provided

for in article 16 (2) of the Veterinary Services Act.

(2) If the official veterinarian responsible for the border inspection post orders

placing in quarantine, that quarantine must take place, depending on the hazard

diagnosed by the official veterinarian -

(a) either at the inspection site itself or in its immediate vicinity;

(b) or on the holding of destination;

(c) or at a quarantine centre situated in the vicinity of the holding of

destination.

(3) The general conditions to be fulfilled for the quarantine centres referred to

in the sub-regulation (1)(a) and (c) are laid down in Schedule B. The special approval

conditions applicable to the different animal species shall be adopted in accordance

with requirements of European Community and implemented in accordance with the

procedure laid down in article 16 (2) of the Veterinary Services Act.

(4) The requirements of the European Community must be followed for the

approval and subsequent updating of the list of quarantine centres referred to in sub-

regulation (1)(a) and (b) and the sub-regulation (2)(a). Quarantine centres shall be

subject to the inspection provided for in regulation 19.

The Veterinary Services shall publish the list of quarantine centres and any

subsequent updates in the Malta Government Gazette.

(5) Sub-regulation (1)(b) and sub-regulation (3) and (4) shall not apply to

quarantine centres which are solely for the animals referred to in regulation 8 (1),

B

animals of species not covered by Annex A to European Union Council Directive

90/425/EEC.

(6) All expenditure incurred pursuant to this regulation shall be chargeable to

the consignor, the consignee or their representative, without compensation by the

State.

Upon suspicion that veterinary legislation has not been compiled with

(1) Without prejudice to the remaining provisions of this chapter, the

official veterinarian or the Veterinary Services shall, where it is suspected that

veterinary legislation has not been complied with or there is doubt as to the identity of

an animal, carry out any veterinary checks he or it deems appropriate.

(2) The appropriate administrative or penal measures shall be taken according

to the procedure laid down in Part IX of the Veterinary Services Act, to penalise any

infringement of veterinary legislation by natural or legal persons where it is found that

European Community rules have been infringed, in particular where it is found that

the certificates or documents drawn up do not correspond to the actual state of the

animals, that identification marks do not comply with those rules or that the animals

were not presented for inspection at a border post or that the animals have not been

sent to the destination originally intended.

Checks showing that the animal doesn’t satisfy the requirements laid down

under European Community rules

(1) Where the checks referred to in these regulations show that an animal

does not satisfy the requirements laid down in European Community veterinary rules

or on matters not yet harmonised at the European Community level, in national rules,

or where such checks reveal an irregularity, the Veterinary Services, after consultation

with the importer or his representative, shall decide either –

(a) to shelter, feed and water and, if necessary, treat the animals; or

(b) as the case may be, to place them in quarantine or to isolate the

consignment;

(c) to re-dispatch, within a time limit to be set by the Veterinary Services, the

consignment of animals outside the territory of Malta and one of the territories

referred to in Annex I to European Union Council Directive 97/78/EC where

animal health or animal welfare requirements so allow.

In this case, the official veterinarian of the border inspection post must –

(i) inform the other Member States by activating the information procedure

provided for in regulation 4 (1)(d);

(ii) under arrangements to be defined in accordance with requirements of

European Community and in accordance with the procedure laid down in

article 16 (2) of the Veterinary Services Act, cancel the veterinary certificate

or document accompanying the rejected consignment.

B

If re-dispatch is impossible, in particular for reasons of the welfare of the animals, the

official veterinarian -

(iii) may, after agreement by the Veterinary Services and after ante-mortem

inspection, authorise slaughter of the animals for human consumption under

the condition laid down by European Community veterinary rules,

(iv) must, otherwise, order slaughter of the animals for purposes other than

human consumption or order destruction of the carcasses, specifying the

conditions regarding control of the use of the products obtained. The

Veterinary Services shall inform the European Commission of cases where

recourse is had to these derogations in accordance with sub-regulation (4).

(2) The importer or his representative shall be liable for the costs incurred in

the measures provided for in sub-regulation (1), the process of destroying the

consignment or using the meat for other purposes. The yield of the sale of the

products referred to in the sub-regulation (1)(c)(iii) must revert to the owner of the

animals or his representative, after deduction of the above costs.

(3) Detailed rules for the application of this regulation shall be adopted, as the

need arises, in accordance with European Community rules and in accordance with

the procedure laid down in article 16 (2) and (4) of the Veterinary Services Act.

(4) The information procedure provided for in regulation 4 (1)(d) shall be

activated

(5) The Veterinary Services shall, where appropriate, communicate any

information at their disposal in accordance with provisions of article 21 of the

Veterinary Services Act.

Procedure for identification and registration

For the purposes of carrying out the checks referred to in regulation 7(3)

and 7(4) of these regulations, the identification and registration provided for in article

3 (1) (c) of European Union Council Directive 90/425/EEC must, except in the case

of animals for slaughter and registered equidae, be carried out at the place of

destination of the animals, where appropriate after the observation period provided for

in regulation 8 (5) of these regulations.

The procedures for identifying or marking animals for slaughter shall be determined

in accordance with requirements of European Community and according to the

procedure provided for in article 16 (2) of the Veterinary Services Act.

Fee for veterinary and health checks

A fee for veterinary and health checks shall be collected when the animals

referred to in these regulations are imported, in accordance with European Union

Council Directive 96/23/EC and article 20 of the Veterinary Services Act.

Procedure for less frequent identity checks

In compliance with European Community requirements, less frequent

identity checks and, or physical checks may, without prejudice to controls to see that

B

the welfare requirements during transport are being complied with, be applied under

certain conditions, and in particular in the light of the results of checks which have

already be carried out.

Rights of appeal

Rights of appeal existing under the laws in force in Malta against decisions

by the Veterinary Services shall not be affected by these regulations.

Decisions taken by the Veterinary Services at destination and the reasons for such

decision shall be notified to the importer concerned by such decisions or his

representative.

If the importer concerned or his representative so requests, the said decisions and

reasons shall be forwarded to him in writing with details of the rights of appeal which

are available to him under the law in force in Malta where the border inspection post

is situated, and of the procedure and time limits applicable

CHAPTER II

Safeguard provisions

Finding of a disease referred to in Schedule II of the Veterinary Services Act

(1) If following the finding of a disease referred to in the Second Schedule

of the Veterinary Services Act, a zoonosis or other disease or phenomenon liable to

present a serious threat to animal or human health, which occurs or spreads in the

territory of a third country, or for any other serious animal health reason so warrants,

in particular in the light of the findings of its veterinary experts, the European

Commission adopts one of the following measures without delay and depending on

the gravity of the situation suspend imports coming from all or part of the third

country concerned, and where appropriate from the third country of transit, set special

conditions in respect of animals coming from all or part of the third country

concerned, the Chief Veterinary Officer of Malta shall, according to the procedure

laid down in article 16 (3) of the Veterinary Services Act, implement for Malta the

same measures without delay.

(2) If one of the checks provided for in these regulations indicates that a

consignment of animals is likely to constitute a danger for animal or human health,

the Chief Veterinary Officer shall immediately take the following measures –

(i) it shall seize and destroy the consignment,

(ii) it shall immediately inform the border inspection posts of the

territory of Malta, the competent authorities of other Member States

and the European Commission of the findings and of the origin of the

animals, in accordance with regulation 12 (4).

(3) Where in the case provided for in sub-regulation (1), the European

Commission takes interim protective measures in respect of animals covered by

regulation 9, the Chief Veterinary Officer of Malta shall, in accordance with European

Community rules and according to the procedure laid down in article 16 (3) of the

Veterinary Services Act, implement for Malta the same measures without delay.

B

(4) In the case where veterinary services has informed the European

Commission officially of the need to take safeguard measures and the Commission

has not invoked sub-regulations (1) and (3) or has delayed its decision for procedure

reasons, the Chief Veterinary Officer of Malta may take interim protective measures

in respect of the animals in question. Where the Chief Veterinary Officer of Malta

takes interim protective measures in respect of a third country under the terms of this

paragraph, it shall inform the other Member States and the Commission in accordance

with regulation 12 (5).

(5) Where European Commission decisions to extend, amend or repeal

measures have been decided on pursuant to sub-regulation (1) (2), (3) and (4), the

Chief Veterinary Officer of Malta shall, in accordance with European Community

rules and according to the procedure laid down in article 16 (3) of the Veterinary

Services Act, implement for Malta the same measures without delay.

(6) Detailed rules for the application of this chapter shall be adopted, where

the need arises, in accordance with requirements of European Community and in

accordance with the procedure laid down in article 16 (3) of the Veterinary Services

Act.

CHAPTER III

INSPECTION

Verification of border inspection posts

(1) Veterinary experts from the European Commission may, in conjunction

with the Veterinary Services verify that the border inspection posts approved in

accordance with regulation 6 and the quarantine centres approved in accordance with

regulation 10 satisfy the criteria listed respectively in Schedules A and B.

In particular, access on the same basis as officials of the competent authority shall be

given to all concerned persons, information and documentation as well as access to

places, establishments, installations and means of transport in order for the checks to

be carried out.

(2) Veterinary Services shall provide these veterinary experts with any

assistance they may require in the performance of their tasks.

Checks carried out at the point where the animals are marketed

Where on the basis of the checks carried out at the point where the animals

are marketed, Veterinary Services consider that the provisions equivalent to those laid

down in these regulations are not being complied with at a border inspection post of

another Member State, it shall contact the competent national authority of that

Member State without delay.

If the Veterinary Services believe the measures are insufficient it shall examine, with

the competent authority of the Member State in question, the ways and means in

which the situation could be remedied, where necessary by visiting the Member State

in question.

B

Where the checks referred to in the first subparagraph show repeated non-compliance

with these provisions, the Veterinary Services shall inform the European Commission

and the competent authorities of the other Member States.

The Veterinary Services may intensify checks on animals coming from these sources.

In the context of this paragraph, and in the case where Malta is the Member State

where it is considered that European Union Council Directive 91/496/EEC is not

being complied with at a border inspection post the Veterinary Services must apply

the measures foreseen for the Member State in question.

Programme for the exchange of officials

(1) Veterinary Services shall draw up a programme for the exchange of

officials empowered to carry out checks on animals coming from third countries,

which will be co-ordinated with the European Commission and the other Member

States.

(2) Veterinary Services shall take all the measures necessary to allow

implementation of the programmes resulting from the co-ordination referred to in

regulation (1).

(3) Each year, the implementation of programmes shall be reviewed on the

basis of reports drawn up by the Member States.

(4) Veterinary Services shall take into account the experience gained in order

to improve and develop the exchange programmes.

B