Inspection Post in Malta Regulations, 2004

B

L.N. 466 of 2004

VETERINARY SERVICES ACT, 2001

(ACT NO. XXIII OF 2001)

Approval of Border Inspection Posts responsible for Veterinary Checks on Products

introduced into the European Community from Third Countries via a Border

Inspection Post in Malta Regulations, 2004

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

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

regulations:-

Title and scope

(1) The title of these regulations is Approval of Border Inspection Posts

responsible for Veterinary Checks on Products introduced into the European Community

from Third Countries via a Border Inspection Post in Malta Regulations, 2004.

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

Commission Decision 2001/812/EC of the 21 st November 2001 laying down the

requirements for the approval of border inspection posts responsible for veterinary checks on

products introduced into the Community from third countries, which finds its legal basis under

article 6(5) of European Union Council Directive 97/78/EC.

Border Inspection Post

Approval requi rements for border inspection posts

To be approved and listed border inspection posts must be constructed to provide an adequate degree of

hygiene, and avoid cross contamination.

In rooms where products are to be unloaded, inspected or stored the border inspection post or

inspection centre must have -

(a) walls finished with smooth washable surfaces, which together with the floors should be

easy to clean and disinfect, and with adequate drainage;

(b) a clean and easily cleaned ceiling;

(c) adequate natural and artificial lighting;

(d) an adequate hot and cold water supply in all inspection rooms.

1. Technical equipment

(a) Border inspection posts and inspection centres must have as a minimum the items noted below

available at all times -

(i) equipment (or access to equipment) capable of weighing consignments subject to controls;

(ii) any equipment needed to open and examine consignments presented for examination;

(iii) cleansing and disinfection equipment adequately housed and appropriate to the needs of

the post, or an effective and documented system of cleansing and disinfection by an external

agent;

(iv) equipment to maintain the temperature at the appropriate level in controlled environment

rooms.

(b) In inspection rooms there must be available as a minimum -

(i) a table to work on with smooth washable surfaces easy to clean and disinfect;

(ii) sampling equipment — saw, knife, tin opener, a means of sampling consignments and

sample containers;

(iii) sealing tape and numbered seals or labels, clearly marked to ensure traceability;

(iv) a thermometer to measure surface and also core temperature, weighing scales, and for fresh

products, a pH meter;

(v) thawing equipment or micro wave oven;

(vi) facilities for the temporary storage of samples under temperature control, pending their

despatch to the laboratory. Suitable containers for transport of these samples should also be

available.

(c) Border inspection posts and inspection centres with restricted listing must have -

(i) those articles listed in (a) and (b) above as appropriate for the products to be handled in the

post.

2. Staffing

(a) Border inspection posts shall operate under the responsibility of an official veterinarian, or

in the case of fishery products either the official veterinarian or the official agent referred to in

European Union Commission Decision 93/352/EEC, who must be present at the border

inspection post and the inspection centres during checks on products. The post shall carry

sufficient staff to carry out all the controls required at the border inspection post;

(b) The official veterinarian may be assisted by specially trained assistants acting under his

authority in –

(i) checking documents;

(ii) carrying out identity checks and physical examinations, taking samples and

carrying out general analysis;

(iii) administrative duties and procedures.

The official veterinarian shall be responsible for the final decision.

For the staff of the border inspection post a record of the training received in respect of

veterinary checks shall be kept.

3. Documentation

The border inspection post shall keep the following information.

Pending the implementation of the Shift system, the official veterinarian responsible for checks in the

border inspection post must have at his disposal in the designated central office at least -

(a) an up-to-date list of the third countries or parts of third countries authorised to send

products to the European Community or, where applicable, to certain Member States

(b) copies of the various Decisions of the European Community or Member States specifying a

specimen health or public, animal health certificate or any other document which must

accompany products from third countries despatched to the European Community or, where

applicable, to certain Member States;

(c) an up-to-date list of establishments in third countries authorised to despatch products to the

Community; or of national authorised establishments in the case of non harmonised products;

(d) copies of any safeguard Decisions prohibiting or restricting imports of products to the

European Community;

(e) an up-to-date list of approved border inspection posts giving all available details of these

posts;

(f) a current list of the free zones, free warehouses, and customs warehouses approved under

article 12.4 and of operators authorised under article 13 of European Union Council Directive

97/78/EC, in all Member States;

(g) an up-to-date list of establishments approved for the receipt of channelled products for that

Member State, in accordance with article 8(6) in the European Union Council Directive

97/78/EC;

(h) up-to-date relevant European Community legislation relating to products and procedures

covered by veterinary checks.

4. Records

The following records must also be kept -

(a) up-to-date information on consignments of products for which import or entry into the

European Community has been refused and which have been re-despatched; each Member

State shall communicate to the other Member States and the European Commission all

information concerning the re-despatched consignments; this information shall be

communicated to each border inspection post by the central competent authority;

(b) a register according to European Union Commission Decision 97/394/EC of 6 June 1997

“establishing the minimum data required for the data base on animals and animal products

brought into the European Community”;

(c) a register of all consignments either re-despatched according to European Union

Commission Decision 97/152/EC, or destroyed, or authorised by the official veterinarian at the

border inspection post for use other than for human consumption; this register shall record all

instances where there is a deadline for action or response by the official veterinarian in the

case of goods rejected, sent in transit or channelled, and where follow up action is required;

(d) a register of all samples taken at the border inspection post for purposes of laboratory tests,

together with details of the laboratory test requested and the results (favourable and

unfavourable) of such tests;

(e) the register required under European Union Commission Decision 94/360/EC “on the

reduced frequency of physical checks of consignments of certain products to be implemented

from third countries, under European Union Council Directive 90/675/EEC”, if necessary in

computerised format.

5. Procedures

(a) The competent authority shall endeavour to ensure that there is close cooperation between

the various services involved in the inspection of third country products.

(b) All physical inspections and identity checks, except for seal checks, must take place at an

inspection facility. All such checks shall be conducted in such a manner as to avoid the

possibility of cross contamination, and where necessary shall take into account the controlled

temperature conditions under which the products are transported. Where unpacked products

for human consumption are involved, all checks must be carried out under shelter from the

weather and provision shall be made for the hygienic handling and protection of such products

during unloading and loading.

(c) The official veterinarian must have at least an adequate knowledge of the arrangements for

the disposal of waste products of animal origin unloaded from transports in the area under his

jurisdiction. Where disposal arrangements are further under his responsibility, records of

checks made and anomalies found must be kept. Where disposal is under the responsibility of

another competent authority, the official veterinarian shall liaise closely with this body and

have available all necessary relevant information.

(d) The official veterinarian must have an adequate knowledge of any free zones, free

warehouses, customs warehouses or ship suppliers within, or closely associated with, the

border post area. Regular checks must be made at the warehouses or suppliers concerned and a

record to demonstrate this must be kept in the office of the border inspection post.

(1) A border inspection post consists of facilities dedicated to veterinary

checks, placed under the responsibility of the official veterinarian, or in the case of

fishery products either the official veterinarian or the official agent referred to in

European Union Commission Decision 93/352/EEC, and localised in a manner so

that the facilities constitute one complete working unit. In the case where a border

inspection post is made up of more than one set of facilities but located on the same

site, the geographical location of the group will qualify the border inspection post,

which shall bear a single name.

(2) A border inspection post must include all the facilities specified in

regulation 5 of these regulations, where products of animal origin from third

countries can be presented for introduction into the European Community via a border

inspection post in Malta, and undergo the necessary documentary, identity and physical

checks.

(3) Where geography or size of the border location demands, or for the

efficient management of border checks, a border inspection post may provide more

than one facility or inspection centre, for conducting as necessary the checks on the

categories of products for which the border inspection post is approved.

Requisites of Border Inspection Posts

(1) Without prejudice to Annex II to European Union Council Directive

97/78/EC, all border inspection posts as referred to in article 6 of that Directive must,

in order to be approved and listed in the Official Journal of the European Union and

to maintain approval, provide the facilities, personnel, equipment, and operate the

procedures in the posts, as specified in these regulations and in the Schedule hereto.

(2) The premises being used as a border inspection post, or any inspection

centre within it, must be under the effective control of the official veterinarian, or in

the case of fishery products either the official veterinarian or the official agent referred

to in European Union Commission Decision 93/352/EEC, and must be accessible for

access at all times as necessary.

Proposal to the European Commission by the Veterinary Services

(1) The Veterinary Services of the territory of Malta may propose to the

European Commission that a border inspection post be officially listed after

approval, for the inspection of all or certain categories of products only. In the latter

case the Veterinary Services of the territory of Malta must show that the post has the

necessary facilities, personnel and equipment to carry out the inspection of these

products.

(2) The Veterinary Services of the territory of Malta shall set up a proposal

in such a way that the border inspection posts of Malta will be listed showing them

as a port or airport, location and that the list shall specify the categories of products

for which the post and, as appropriate, the inspection centre is approved, including

details of any further restriction on the products which any particular border

inspection post may inspect.

(3) Where a border inspection post is approved for only restricted categories

of products, the facilities provided at the border inspection post may be limited as

appropriate to those necessary for carrying out veterinary checks on these restricted

categories of products only.

(4) However, by derogation to sub-regulation (3), in the case of deep

frozen semen and embryos which may be transported at ambient temperatures in

sealed, self contained temperature regulating containers, these may be inspected in

border inspection posts listed for products not for human consumption that are at

ambient temperatures only.

(5) The Veterinary Services of the territory of Malta shall notify the European

Commission of any change in the infrastructure or operation of a border inspection

post, or of an inspection centre within that post, that has any bearing on its listing.

Additions to the categorisation of any border inspection post may be proposed, after

the Veterinary Services have checked that the facilities comply with these

regulations, for approval and amendment to the listing by the European Commission.

Border Inspection Post facilities

(1) The facilities in approved border inspection posts must be constructed,

equipped, maintained and operated in line with the requirements set down in the

Schedule to these regulations and in relevant European Community legislation. For

products that are not fully harmonised from a hygiene viewpoint, additional national

hygiene requirements may be applied.

(2) The minimum infrastructure for any approved border inspection post must

include the following elements within effective working distance of each other -

(a)

an office with communication equipment including a telephone, a fax, an

Animo system terminal, a photocopier, all necessary documentation, and

archiving capacity to store documents relating to the inspection of

products;

(b)

social rooms consisting of changing rooms, toilets, and hand washing

facilities for the use of the personnel working in the border inspection

post, which may be shared only with other personnel involved in official

controls;

(c)

an area for unloading the means of transport of consignments which

shall be enclosed or covered by a roof, except in the case of

consignments of non containerised wool, loose bulk processed animal

protein not fit for human consumption, loose manure or guano, or bulk

liquid oils and fats, which are transported in boats, for which the roof

requirement may not apply;

for products under temperature control intended for human consumption

the junction between the transport and unloading areas should be

protected or sealed from the external environment, except in the case of

fish where the derogation referred to in article 2 of European Union

Commission Decision 93/352/EEC and Chapter II point 2 of the Annex to

European Union Council Directive 91/493/EEC shall apply;

(d)

an inspection room where the products are to be inspected and samples

taken for further tests; the sampling area need not be separate from the

inspection room;

(e)

appropriate storage rooms or areas, to permit detained consignments to be

held at chilled, frozen, or ambient temperatures at the same time, under

the control of the official veterinarian pending the results of laboratory or

other investigations.

(3) Border inspection posts approved to handle chilled, frozen and ambient

categories of product, must be able to simultaneously store adequate volumes of

product in each temperature category. Immediate access to an adequate volume of

storage shall be available at all times as necessary for the official veterinarian.

The use of commercial storage facilities close to the border inspection post and

within the same port or customs area, is permitted under the control of the official

veterinarian, and provided that the detained product is stored in a separate lockable

room, chamber, or zone clearly fenced off from all other products.

Storage in separate stand-alone containers permanently placed by the unloading area

is permitted provided that the containers are linked to the unloading area in such a

manner that the unloading process is under shelter from the weather. Additional

storage for each product category in the means of transport in which a consignment

was brought to the post is permitted exceptionally under the control of the official

veterinarian for border inspection posts situated at road, rail or port locations.

(4) Products for human consumption and products not for human

consumption should be handled in separate unloading areas, inspection rooms and

storage facilities. By derogation from this requirement in the case of border

inspection posts officially approved as restricted to packed products only, unloading

areas may be common, provided then that during and after unloading, there is clear

separation of products for human consumption and those not for human

consumption, with a view to prevent cross contamination.

(5) By derogation from sub-regulation (4) above, border inspection posts

having a throughput of less than 500 consignments per year may utilise the same

facilities provided for unloading, inspection and storage for all products for which

the post is approved, provided that a time separation of consignments is

implemented, and that adequate cleansing and disinfection of the premises between

arrivals of different consignments is undertaken as necessary.

Proposal for additional inspection centres

(1) Additional inspection centres in already approved border inspection

posts, may be proposed after the Veterinary Services have checked that they comply

with these regulations, for listing by the European Commission. The facilities at any

centre should be appropriate to the volume and type of various products passing

through the centre.

(2) When a border inspection post is split into different inspection centres,

these shall -

(a) be located within the same customs designated area or district as the

border inspection post under which the centres are listed;

(b) be located within a reasonable working distance from the designated

central office of the border inspection post and be demonstrably under the

control of the official veterinarian;

(c) keep a specific record of the consignments examined at the centre.

(3) Inspection centres do not have to provide -

(a) archiving facilities, an Animo system terminal, or a photocopier;

(b) all veterinary checks legislation and documentation but only

documents relevant and necessary for the veterinary checks carried out

in the centre.

Reasonable time-limits

In the circumstances referred to in article 6.2 (b) of European Union Council

Directive 97/78/EC concerning the reasonable time intervals to comply with the

recommendations made pursuant to inspection reports, before the European

Commission withdraws the border inspection post from the list in full or in part, in

the latter case with regard to the product categories and, or inspection centres

concerned by the recommendations, the time limit given to the Veterinary Services

and other Ministerial departments concerned and private companies, operators and

organisations involved, will be as follows, taken from the date of receipt of the final

report in an official language of Malta -

(a) for deficiencies in respect of facilities (construction only) or staff numbers -

six months; however, where new, replacement facilities are under construction

the time limits for completion of action may be determined by agreement

between Malta and the European Commission on a case by case basis;

(b) for deficiencies in respect of all other matters: three months.

In the event of potentially serious animal or public health risks, these time intervals

may be shorter.