VETERINARY CHECKS APPLICABLE IN INTRA- COMMUNITY TRADE WITH MEMBER STATES IN ANIMAL PRODUCTS REGULATIONS

SUBSIDIARY LEGISLATION 437.39

VETERINARY CHECKS APPLICABLE IN INTRA-

COMMUNITY TRADE WITH MEMBER STATES IN

ANIMAL PRODUCTS REGULATIONS

18th November, 2003

LEGAL NOTICE 354 of 2003, as amended by Legal Notice 83 of 2006.

(1) The title of these regulations is the Veterinary Checks

applicable in Intra-Community Trade with Member States in

Animal Products Regulations.

(2) The scope of these regulations is to implement the

provisions found under European Union Council Directive 89/662/

EEC concerning veterinary checks in intra-community trade with a

view to the completion of the internal market.

(3) Veterinary checks to be carried out on products of animal

origin which are covered by the Directives listed in Schedule A or

by regulation 13 and which are intended for trade are no longer

carried out, without prejudice to regulation 6, at frontiers but are

carried out in accordance with these regulations.

Substituted by

L.N. 83 of 2006.

CHAPTER I

(a) Animal Health (Production, Processing, Distribution and Introduction of

Products for Human Consumption) Rules (S.L. 437.70).

(b) Regulation (EC) No 853/2004 of the European Parliament and of the

Council of 29th April, 2004 laying down specific hygiene rules for food of animal

origin.

CHAPTER II

(a) Council Directive 92/118/EEC of the 17th December, 1992 laying down

animal health and public health requirements governing trade in and imports into the

Community of products not subject to the said requirements laid down in specific

Community rules referred to in Annex A, Chapter I to Directive 89/662/EEC and, as

regards pathogens, to Directive 90/425/EEC.

(b) Regulation (EC) No 1774/2002 of the European Parliament and of the

Council of the 3rd October, 2002 laying down health rules concerning animal by-

products not intended for human consumption.

For the purposes of these regulations -

(1)

''competent authority'' is for Malta the Veterinary Services;

(2) ''establishment'' means any undertaking which produces,

stores or processes the products referred to in regulation 1;

(3) ''official veterinarian'' means the veterinarian appointed by

the Veterinary Services on the territory of Malta;

(4) ''trade'' means exchanges between the territory of Malta

and Member States in goods within the meaning of article 9(2) of

the Treaty establishing the European Economic Community;

(5) ''trading partner'' in the meaning of article 2 of the

Veterinary Services Act shall mean -

(a) Member States of the European Community;

(b) Third countries to the European Community;

where relevant.

(6) ''veterinary check'' means any physical check and, or

administrative formality which applies to the products referred to

in regulation 1(3) and which is intended for the protection, direct or

otherwise, of public or animal health.

CHAPTER I

CHECKS AT ORIGIN

PRODUCTS NOT SUBJECT TO PUBLIC HEALTH STANDARDS PROVIDED

FOR IN LEGISLATION LISTED IN SCHEDULE A, BUT TRADE IN PRODUCTS

WHICH WOULD BE SUBJECT TO THE CHECKS PROVIDED FOR BY THESE

REGULATIONS

Other products of animal origin included neither in Schedule B to these

regulations nor in the Annex to European Union Council Directive 90/425/EEC -

these products will be defined under the procedure laid down under European

Community rules and in accordance will article 10 of the Veterinary Services Act.

(1) In the territory of Malta, only products intended for

trade are those referred to in regulation 1(3) which have been

obtained, checked, marked and labelled in accordance with rules

for the destination in question and which are accompanied to the

final consignee mentioned therein by a health certificate, animal-

health certificate or by any other document provided for by

veterinary legislation listed in Schedule A.

The establishments of origin shall ensure, by constant self-

supervision, that such products satisfy the requirements of the first

paragraph.

Without prejudice to the monitoring duties assigned to the

official veterinarian under legislation, the competent authority shall

carry out regular checks on establishments in order to satisfy itself

that products intended for trade comply with all requirements or, in

the cases referred to in the third paragraph of this regulation and

regulation 13, with the requirements of the Member State of

destination.

Where there are grounds for suspecting that requirements

are not being met, the competent authority shall carry out the

necessary checks and, if the suspicion is confirmed, take the

appropriate measures, which may include withdrawing approval.

(2) Where the transport operation involves several places of

destination, products must be grouped together in as many batches

as there are places of destination. Each batch must be accompanied

by the aforementioned certificate or document.

Where the products referred to in regulation 1 are intended

for export to a third country, the transport operation must remain

under customs supervision up to the point of exit from Malta or

Community territory.

(3) When the territory of Malta makes optional imports from

certain third countries, Veterinary Services shall inform the

European Commission and the Member States of the existence of

such imports.

Where products are brought into the European Community

by the territory of Malta, Veterinary Services shall carry out a

documentary check on the origin and destination of the goods in

accordance with regulation 6(1).

When the destination of such products is the territory of

Malta Veterinary Services shall prohibit the products concerned

from being sent on from the territory unless they are bound for a

Member State using the same option.

(1) Veterinary Services shall take the necessary measures

to ensure that operators comply with veterinary requirements at all

stages of the production, storage, marketing and transport of the

products referred to in regulation 1(3). In particular, they shall

ensure that -

(a) the products of animal origin covered by the acts

referred to in Schedule A are checked in the same way,

from a veterinary viewpoint, whether they are intended

for trade with Member States or for the national

market,

(b) the products covered by Schedule B are not dispatched

to the territory of another Member State, if they cannot

be marketed on their own territory for reasons justified

by safeguard measures on public health under the

Veterinary Services Act and as provided under article

36 of the Treaty.

(2) Appropriate administrative, legal or penal measures to

penalise any infringement of veterinary legislation by natural or

legal persons where it is found that 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 products or that

public health stamps have been affixed to products which do not

comply with those rules, shall be taken according to the procedures

laid down in Part IX of the Veterinary Services Act.

CHAPTER II

CHECKS ON ARRIVAL AT THE DESTINATION

(1) The following measures have to be implemented in the

territory of Malta

(a) the Veterinary Services may, at the places of

destination of goods, check by means of non-

discriminatory veterinary spot-checks that the

requirements of regulation 3 to these regulations has

been complied with; it may take samples at the same

time.

Furthermore, where in the territory of Malta, in transit

or at destination the Veterinary Services have

information leading them to suspect an infringement,

checks may also be carried out during the transport of

goods in the territory of Malta, including checks on

compliance as regards the means of transport;

(b) where the products referred to in regulation 1(3)

originating in a Member State are intended -

(i)

for an establishment placed under the

responsibility of an official veterinarian, the

latter must ensure that only products that meet

the requirements of regulation 3(1) with respect

to marking and accompanying documents or, in

the case of the products referred to in Schedule

B, are accompanied by the document established

according to the procedure laid down in article

10 of the Veterinary Services Act, are admitted

to that establishment,

(ii) for an approved intermediary who divides up the

batches or for a commercial undertaking with

many branches, or any establishment not subject

to permanent supervision, the latter must check,

before the batch is divided up or marketed, that

the said marks, certificate, or documents

referred to in the first sub-paragraph are present

and notify the Veterinary Services of any

irregularity or anomaly,

(iii) for other consignees, particularly where the

batch is partially unloaded during transport, the

batch must be accompanied, in accordance with

regulation 3(1), by the original of the certificate

referred to in the first sub-paragraph.

The guarantees which must be furnished by the consignees

referred to in the second and third sub-paragraphs shall be specified

in an agreement with the Veterinary Services to be signed at the

time of the prior registration provided for in subregulation (3). The

Veterinary Services shall carry out random checks to verify

compliance with those guarantees.

(2) Without prejudice to regulation 4, where the standards laid

down by veterinary rules have not been set and in the case provided

for in regulation 13, the Veterinary Services may require, with due

r e g a r d f o r t h e g e n e r a l p r o v i s i o n s o f t h e Tr e a t y, t h a t t h e

establishment of origin must apply the standards in force under the

Malta national rules. The Veterinary Services shall ensure that the

product in question complies with those requirements.

(3) Operators who have products delivered to them from a

Member State or who completely divide up a batch of such

products -

(a) shall be subject, if so requested by the Veterinary

Services, to prior registration;

(b) shall keep a register in which such deliveries are

recorded;

(c) must, if so requested by the Veterinary Services, report

the arrival of products from a Member State, to the

extent necessary to carry out the checks referred to in

subregulation (1);

(d) keep for a period of not less than six months to be

specified by the Veterinary Services, the health

certificates or documents corresponding to those

referred to in regulation 3 for presentation to the

Veterinary Services should the latter so request.

(4) The detailed rules for implementing this regulation shall be

adopted in accordance with the procedure laid down in article 15(2)

of the Veterinary Services Act.

(1) During the checks carried out at the places where

products from a third country may be brought into the territory of

Malta, such as ports, airports and inspection sites with third

countries, the following measures are taken

(a) a documentary check is made on the products’ origin;

(b) products originating in a Member State are subject to

the rules on checks provided for in regulation 5;

(c) products from third countries are subject to the rules

laid down in European Union Council Directive 97/78/

EC.

(2) However, by way of derogation from subregulation (1), all

products transported by regular, direct means of transport linking

the territory of Malta and a Member State, shall be subject to the

rules of inspection laid down in regulation 5.

(1) If, during a check carried out at the place of destination

of a consignment or during transport, the Veterinary Services

establish -

(a) the presence of agents responsible for a disease named

in the Second Schedule to the Veterinary Services Act,

a zoonosis or disease, or any cause likely to constitute

a serious hazard to animals or humans, or that the

products come from an area infected by an epizootic

disease, they shall, except as regards animal-health

aspects, in the case of products subject to one of the

treatments referred to in article 4 of European Union

Council Directive 80/215/EEC (as last amended by

European Union Council Directive 88/660/EEC), order

the batch to be destroyed or used in any other way laid

down by Maltese rules.

Costs relating to the destruction of the batch shall be

borne by the consignor or his representative.

The Veterinary Services shall immediately notify the

competent authorities of the other Member States and

the European Commission by telex of the findings

arrived at, the decisions taken and the reasons for such

decisions.

The protective measures provided for in article 15(5)

of the Veterinary Services Act may be applied;

(b) that the goods do not meet the conditions laid down by

corresponding animal health and public health

legislation of Member States, or, in the absence of

decisions on standards, by Maltese national standards,

they may, provided that health and animal health

considerations so permit, give the consignor or his

representative the choice of -

(i) destroying the goods; or

(ii) using the goods for other purposes, including

returning them with the authorisation of the

competent authority of the country of the

establishment of origin;

(iii) however, if the certificate or the documents are

found to contain irregularities, the consignor

must be granted a period of grace before

recourse is had to this last possibility.

(2) In accordance with the procedure laid down in article 15 of

the Veterinary Services Act, it may be drawn up a list may be drawn

up of the agents and diseases referred to in subregulation (1), and

detailed rules for the application of this regulation.

(1) In the cases provided for in regulation 7, the Veterinary

Services shall contact the competent authorities of the Member

State of dispatch without dela y. These wi ll then not ify the

Veterinary Services about the necessary measures taken, the nature

of the checks carried out, the decisions taken and the reasons for

such decisions.

If the Veterinary Services fears that such measures are

inadequate, they shall with the competent authority of the Member

State of origin seek ways and means of remeding the situation; if

appropriate this may involve an on-the-spot inspection.

Where the checks provided for in regulation 7 show

repeated irregularities, the Veterinary Services shall inform the

European Commission and the veterinary departments of the other

Member States.

The European Commission, at the request of the Veterinary

Services of Malta or on its own initiative, and taking into account

the nature of the infringements established, may -

(a) send a mission of inspection to the establishment

concerned; or

(b) instruct an official veterinarian, whose name shall be

on a list to be prepared by the European Commission

at the suggestion of the Member States, and who is

acceptable to the various parties concerned, to check

the facts in the establishment concerned;

(c) request the competent authority to intensify its

sampling of the products of the establishment

concerned.

It shall inform the Member States of its findings.

Where these measures are taken to deal with repeated

irregularities on the part of an establishment, the European

C o m m i s s i o n s h a l l c h a rg e a n y e x p e n s e s o c c a s i o n e d b y t h e

application of paragraphs (a), (b) and (c) to the establishment

involved.

Pending the different findings, the Veterinary Services may,

for their part, intensify checks on products coming from the same

establishment and if there are serious animal health or public health

grounds, suspend approval.

At the request of one of the two Member States concerned -

where the irregularities are confirmed by the expert’s opinion, the

E u r o p e an C o m m i s si o n m u s t , i n a c c o r d a n c e w i t h E u r o p e a n

Community rules, take the appropriate measures, which may go as

far as authorising the Member States to prohibit provisionally the

bringing into their territory of products coming from that

establishment. These measures must be confirmed or reviewed as

soon as possible in accordance with the appropriate European

Commission procedure.

(2) Rights of appeal existing under the laws in force in the

territory of Malta against decisions by the Veterinary Services shall

not be affected by these regulations except in case covered by the

subregulation (4).

Decisions taken by the Veterinary Services and the reasons

for such decisions shall be notified to the consignor or his

representative and to the competent authority of the Member State

of dispatch.

If the consignor 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 the territory of Malta and of the procedure and time

limits applicable.

However, in the event of a dispute, the Veterinary Services

may, if the competent authority of the Member State of origin so

agree, within a maximum period of one month, submit the dispute

for the assessment of an expert whose name appears on a list of

European Community experts.

Such experts shall issue their opinions within not more than

seventy-two hours. The parties shall abide by the expert’s opinion,

with due regard for European Community veterinary legislation.

(3) The costs of returning the consignment, storing the goods,

putting them to other uses or destroying them shall be borne by the

consignee.

(4) The detailed rules for the application of this regulation shall

be adopted in accordance with the procedure laid down in article 15

of the Veterinary Services Act.

(1) If, during a check carried out in a Member State at the

place of destination of a consignment or during transport, the

competent authority establishes -

(a) the presence of agents responsible for a disease

referred to in the Second Schedule to the Veterinary

Services Act, a zoonosis or disease, or any cause likely

to constitute a serious hazard to animals or humans, or

that the products coming from the territory of Malta

are contaminated by an epizootic disease,

(b) that, without prejudice to paragraph (a), the products

do not meet the conditions laid down by corresponding

Member State legislation or, where the Member State

obtains additional guarantees which have been or will

be adopted, by national animal health rules,

the Veterinary Services shall take all necessary measures and notify

the competent authority of the Member State of the nature of the

checks carried out, the decisions taken and the reasons for such

decisions.

If the competent authority of the Member State of

destination fears that such measures are inadequate, the Veterinary

Services and the competent authority of the Member State shall

together seek ways and means of remedying the situation; if

appropriate, this may involve an on-the-spot inspection.

At the request of the competent authority of the Member

State of destination -

(i)

inspectors may be sent, in collaboration with the

Veterinary Services;

(ii) or an official veterinarian, who is acceptable to

the various parties concerned, may be instructed

to check the facts on the spot;

(iii) Veterinary Services may be requested to

intensify checks on the holding, the centre, the

organisation, the approved market or assembly

centre on the territory of Malta.

Pending the Member State’s findings, the Veterinary

Services must intensify checks on products coming from the

establishment in question of the territory of Malta, and if there are

serious public or animal health grounds, suspend its approval.

(2) In the event of a dispute, the Veterinary Services may, if the

competent authority of the Member State of destination so agrees,

within a maximum period of one month, submit the dispute for the

assessment of an expert whose name appears on a list of European

Community experts. Such experts shall issue their opinions within

not more than seventy-two hours or after receiving the results of

any analyses. The Veterinary Services shall abide by the expert’s

opinion, with due regard for corresponding veterinary legislation.

(3) The costs of returning the consignment, holding or isolating

the animals or, if appropriate, slaughtering or destroying them shall

be borne by the consignor, his representative or the person

responsible for the animals or products.

(4) The detailed rules for the application of this regulation shall

be adopted in accordance with the procedure laid down in article

15(4) of the Veterinary Services Act.

CHAPTER III

COMMON PROVISIONS

(1) The Veterinary Services shall immediately notify the

Member States and the European Commission of any outbreak in

the territory of Malta, other than an outbreak of diseases referred to

in the Second Schedule to the Veterinary Services Act, of any

zoonoses, diseases or other cause likely to constitute a serious

hazard to animals or to human health.

The Veterinary Services shall immediately implement the

control or precautionary measures provided for in article 6 of the

Veterinary Services Act, in particular the determination of the

buffer zones provided for in those rules, or adopt any other measure

which it deems appropriate.

When, in the course of a check referred to in regulation 5,

has been established the existence of one of the diseases or causes

referred to in the first paragraph, the Veterinary Services may, if

necessary, take the precautionary measures provided for in article

15 of the Veterinary Services Act.

The Veterinary Services may, on serious public or animal-

health grounds, take interim protective measures with regard to the

establishments concerned or, in the case of an epizootic disease,

with regard to the area of protection provided for in article 5(1)(d)

of the Veterinary Services Act.

The measures taken shall be notified to the European

Commission and to the Member States without delay.

(2) In the case provided for in the first paragraph of sub-

regulation (1), one or more European Commission representatives

may go at once to the place concerned to examine, in collaboration

with the Veterinary Services, what measures have been taken and

shall issue an opinion on those measures.

(3) Detailed rules for the application of this regulation, and in

particular the list of zoonoses or causes likely to constitute a

serious hazard to human health, shall be adopted in accordance

with the procedure laid down in article 15(4) of the Veterinary

Services Act.

Veterinary Services shall be appointed for collaborating

with the other Member States’ inspection departments.

In the territory of Malta, the officials of the Veterinary

Services, if appropriate in collaboration with the officials of other

departments empowered to that end, are able in particular to -

(a) carry out inspections of premises, offices, laboratories,

installations, means of transport, plant and equipment,

cleaning and maintenance products, procedures used

for the production and processing of products and the

marking and labelling and presentation of those

products;

(b) carry out checks on whether staff comply with the

requirements laid down in the texts referred to in

Schedule A;

(c) take samples from products held with a view to being

stored or sold, put on the market or transported;

(d) examine documentary or computer material relevant to

the checks carried out further to the measures taken

pursuant to regulation 3(1).

For this purpose, they must receive from the establishments

being checked the co-operation necessary for the performance of

their duties.

Trade in the products listed in Schedule B shall, pending

the adoption of rules, be subject to the rules on control laid down

by these regulations, in particular those laid down in regulation

5(2).

The Veterinary Services shall notify the European

C o m m i s s i o n a n d t h e M e m b e r St a t e s o f t h e c o n d i t i o n s a n d

procedures applicable to trade in the products referred to in the first

paragraph.

(1) The Veterinary Services shall record basic information

on veterinary checks carried out under these regulations and

communicate this information to the European Commission and to

Member States.

(2) Detailed rules for the application of this regulation, in

particular with regard to frequency of communication of

information, the form in which it is to be given and its nature, shall

be drawn up in accordance with the procedure laid down under

European Community rules and as provided in article 15(2) of the

Veterinary Services Act.

VETERINARY CHECKS APPLICABLE IN INTRA-COMMUNITY

TRADE WITH MEMBER STATES IN ANIMAL PRODUCTS