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PRINCIPLES GOVERNING THE ORGANISATION OF VETERINARY CHECKS ON ANIMALS ENTERING THE COMMUNITY FROM THIRD

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Laws of Malta — Subsidiary Legislation 437.40 — PRINCIPLES GOVERNING THE ORGANISATION OF VETERINARY CHECKS ON ANIMALS ENTERING THE COMMUNITY FROM THIRD

OF THE TERRITORY OF MALTA

SUBSIDIARY LEGISLATION 437.40

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

18th November, 2003

LEGAL NOTICE 355 of 2003, as amended by Legal Notice 266 of 2010.

Laws of Malta — Subsidiary Legislation 437.40 — PRINCIPLES GOVERNING THE ORGANISATION OF VETERINARY CHECKS ON ANIMALS ENTERING THE COMMUNITY FROM THIRD

(1) The title of these regulations is the 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.

(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.

Laws of Malta — Subsidiary Legislation 437.40 — PRINCIPLES GOVERNING THE ORGANISATION OF VETERINARY CHECKS ON ANIMALS ENTERING THE COMMUNITY FROM THIRD

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.

Laws of Malta — Subsidiary Legislation 437.40 — PRINCIPLES GOVERNING THE ORGANISATION OF VETERINARY CHECKS ON ANIMALS ENTERING THE COMMUNITY FROM THIRD

(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

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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;

(g) ''the Act'' means the Veterinary Services Act;

(h) ''the Community'' means the European Community as

established under the Treaty establishing the European

Community;

(i)

''the competent authority'' means the Veterinary

Services Authority of Malta as established by the Act;

(j)

''Member State'' means a state which is a member of

the European Union;

(k) ''place of arrival or destination'' means such Member

State of the Community to which animals are

transported from a third country;

(l)

''quarantine centres'' means centres or facilities in

which animals that may have or have a disease are

kept away from other animals and, or any person for a

period of time so that the disease cannot spread,

intended as a safeguard measure to be complied with

during importation and transportation of animals.

These are also intended for the purpose of ensuring

that in areas where national rules on trade are not

adhered to, such centres provide for live animals to be

placed in quarantine or isolation;

(m) ''third country'' means a country which is not a member

state of the European Union;

(n) ''trade'' means trade between Member States or

between a third country and a Member State in animals

and their products, a business or occupation to make

profit or gain, particularly in wholesale or retail sales

and includes dealings in a particular business activity.

CHAPTER I

Organisation and follow up of checks

Laws of Malta — Subsidiary Legislation 437.40 — PRINCIPLES GOVERNING THE ORGANISATION OF VETERINARY CHECKS ON ANIMALS ENTERING THE COMMUNITY FROM THIRD

General conditions for the approval of quarantine centres

(1)

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

(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.

Laws of Malta — Subsidiary Legislation 437.40 — PRINCIPLES GOVERNING THE ORGANISATION OF VETERINARY CHECKS ON ANIMALS ENTERING THE COMMUNITY FROM THIRD

(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

OF THE TERRITORY OF MALTA

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

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

paragraph (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.

Laws of Malta — Subsidiary Legislation 437.40 — PRINCIPLES GOVERNING THE ORGANISATION OF VETERINARY CHECKS ON ANIMALS ENTERING THE COMMUNITY FROM THIRD

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

destination of the animals, each consignment of animals from a

t h i r d c o u n t r y i s s u b j e c t e d b y t h e Ve t e r i n a r y S e r v i c e s t o 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

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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 subregulations (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

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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

vet eri nar i an of t he in spect io n post o f th e M em ber St ate 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.

Laws of Malta — Subsidiary Legislation 437.40 — PRINCIPLES GOVERNING THE ORGANISATION OF VETERINARY CHECKS ON ANIMALS ENTERING THE COMMUNITY FROM THIRD

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

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 paragraph (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.

OF THE TERRITORY OF MALTA

Laws of Malta — Subsidiary Legislation 437.40 — PRINCIPLES GOVERNING THE ORGANISATION OF VETERINARY CHECKS ON ANIMALS ENTERING THE COMMUNITY FROM THIRD

(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

subregulations (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 databases indicated in regulation 4(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

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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

subregulation (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.

Laws of Malta — Subsidiary Legislation 437.40 — PRINCIPLES GOVERNING THE ORGANISATION OF VETERINARY CHECKS ON ANIMALS ENTERING THE COMMUNITY FROM THIRD

(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 ten 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 subregulation (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 subregulation (1) and

allowed into the territory of Malta and the territories listed in

OF THE TERRITORY OF MALTA

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 ten 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 paragraph (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 paragraph (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,

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

known when the means of transport leaves the

border inspection post.

Laws of Malta — Subsidiary Legislation 437.40 — PRINCIPLES GOVERNING THE ORGANISATION OF VETERINARY CHECKS ON ANIMALS ENTERING THE COMMUNITY FROM THIRD

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 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 sub-paragraph (i)

is valid.

(2) Pending adoption of the specific decisions provided for

under European Community rules, animals the trade in which has

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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 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.

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(3) If the checks provided for in subregulation (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 subregulation (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.

Laws of Malta — Subsidiary Legislation 437.40 — PRINCIPLES GOVERNING THE ORGANISATION OF VETERINARY CHECKS ON ANIMALS ENTERING THE COMMUNITY FROM THIRD

(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

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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 State.

Laws of Malta — Subsidiary Legislation 437.40 — PRINCIPLES GOVERNING THE ORGANISATION OF VETERINARY CHECKS ON ANIMALS ENTERING THE COMMUNITY FROM THIRD

(1) In cases where European Community veterinary rules

or the national rules of the place of destination, in areas which have

n o t b ee n h a r m o n i s ed at E u r o p ea n C o m m u n i t y l e v el an d i n

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

OF THE TERRITORY OF MALTA

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 subregulation (1)(a) may be laid down in accordance with

re q ui r em e nt s o f E u r o pe an Co m m u ni t y an d im p l em en t ed 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 subregulation (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

re q ui r em e nt s o f E u r o pe an Co m m u ni t y an d im p l em en t ed in

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

Veterinary Services Act.

(4) Quarantine centres referred to in sub-regulation (1)(b) and

in subregulation (2)(a) that fulfill the conditions laid down in

Schedule B shall be approved by the competent authority, each

centre being given an approval number. The competent authority

shall, thereafter, draw up and keep updated a list of approved

quarantine centres and their approval numbers and make it

available to the other Member States and to the public. Quarantine

centres shall be subject to the inspection provided for in regulation

Liġijiet ta' Malta — Leġiżlazzjoni Sussidjarja 437.40 — Regolamenti li Jirregolaw l-Organizzazzjoni ta’ Verifiki Veterinarji fuq Annimali li jidħlu fil-Komunità minn Pajjiżi minn Postijiet ta’ Spezzjoni fuq il-Fruntiera ġewwa t-Territorju ta’ Malta

(1) Ming]ajr pre[udizzju g]ad-disposizzjonijiet li [ejjin

t a ’ d a n i l - k a p i t o l u , i l -v e t e r i n a r j u u ff i ` j a l i j e w i s - S e r v i z z i

Veterinarji g]andhom, meta jkun hemm suspett li ma tkunx [iet

segwita l-le[islazzjoni veterinarja jew li hemm dubju dwar l-

identità ta’ xi annimal, iwettqu kull verifika li huma jqisu xierqa.

(2) G]andhom jittie]du l-mi\uri amministrattivi jew penali

xierqa skond il-pro`edura stabbilita fit-Taqsima IX ta’ l-Att dwar

is-Servizzi Veterinarji, sabiex ji[i penalizzat kull ksur tal-

le[islazzjoni veterinarja minn persuni naturali jew legali, meta

jinstab li dawn ir-regoli tal-Komunità Ewropea jkunu nkisru, b’mod

partikolari fejn jinstab li `-`ertifikati jew dokumenti mfassla ma

jikkorrispondux ma’ l-istat attwali ta’ l-annimali, li l-marki ta’

identifikazzjoni mhumiex konformi ma’ dawk ir-regoli jew li l-

annimali ma kienux pre\entati g]al spezzjoni f ’post tal-fruntiera

jew li l-annimali g]adhom ma ntbag]tux fid-destinazzjoni ma]suba

ori[inarjament.

Liġijiet ta' Malta — Leġiżlazzjoni Sussidjarja 437.40 — Regolamenti li Jirregolaw l-Organizzazzjoni ta’ Verifiki Veterinarji fuq Annimali li jidħlu fil-Komunità minn Pajjiżi minn Postijiet ta’ Spezzjoni fuq il-Fruntiera ġewwa t-Territorju ta’ Malta

(1) Meta l-verifiki msemmija f’dawn ir-regolamenti juru li

annimal ma jissodisfax il-]ti[iet stabbiliti fir-regoli veterinarji tal-

Komunità Ewropea jew fuq kwistjonijiet li g]adhom mhumiex

a r m o n i z z a t i m a r - r e g o l i t a l - K o m u n i t à E w r o p e a , f i r- r e g o l i

nazzjonali, jew meta dawn il-verifiki juru xi irregolarità, is-

Servizzi Veterinarji, wara li jikkonsultaw ma’ l-importatur jew

mar-rappre\entant tieg]u, g]andhom jidde`iedu jew -

(a) li jag]tu kenn, jitimaw u jisqu u, fejn me]tie[,

jikkuraw l-annimali; jew

(b) skond il-ka\, iqieg]dhom fi kwarantina jew ji\olaw l-

kunsinna;

(`) f’limitu ta’ \mien li g]andu jistfassal mis-Servizzi

Veterinarji, jibg]atu lura l-kunsinna ta’ l-annimali ’l

barra mit-territorju ta’ Malta u wie]ed mit-territorji

mni\\el ta]t l-Anness I tad-Direttiva tal-Kunsill ta’ l-

Unjoni Ewropea 97/78/KE meta l-]ti[iet ta’ sa]]a ta’

FUQ IL-FRUNTIERA {EWWA T-TERRITORJU TA’ MALTA

l-annimali jew tal-[id ta’ l-annimali hekk jippermettu.

F’dan il-ka\, il-veterinarju uffi`jali tal-post ta’ spezzjoni

fuq il-fruntiera jrid -

(i)

jinforma lill-Istati Membri l-o]ra billi jattiva l-

pro`edura ta’ l-informazzjoni misjuba ta]t ir-

regolament 4(1)(d);

(ii) ta]t arran[amenti li g]andhom ikunu definiti

skond ir-regoli tal-Komunità Ewropea u l-

pro`edura stabbilita fl-artikolu 16(2) ta’ l-Att

dwar is-Servizzi Veterinarji, jikkan`ella `-

`ertifikat

jew

dokument

veterinarju

li

jakkumpanja l-kunsinna rifjutata.

Jekk ma jkunx possibbli li kunsinna tintbag]at lura, b’mod

partikolari g]al ra[unijiet ta’ ]arsien xieraq ta’ l-annimali, il-

veterinarju uffi`jali -

(i)

jista’, wara ftehim mas-Servizzi Veterinarji u

wara spezzjoni ante-mortem, jawtorizza l-qtil ta’

l-annimali g]all-konsum uman ta]t il-

kondizzjonijiet stabbiliti fir-regoli veterinarji

tal-Komunità Ewropea,

(ii) irid, inkella, jordna l-qatla ta’ l-annimali g]al

skopijiet li mhumiex ta’ konsum uman jew

jordna d-distruzzjoni tal-karkassi, waqt li

jispe`ifika l-kondizzjonijiet dwar il-kontroll ta’

l-u\u

tal-prodotti

miksuba.

Is-Servizzi

Veterinarji

g]andhom

jinformaw

lill-

Kummissjoni Ewropea dwar ka\i fejn ikun sar

rikors g]al dawn id-derogi skond is-

subregolament (4).

(2) L-importatur jew ir-rappre\entant tieg]u g]andu jkun

responsabbli g]all-ispejje\ li jsiru biex jittie]du l-mi\uri provduti

fis-subregolament (1), il-pro`ess tal-qerda tal-kunsinna jew l-u\u

tal-la]am g]al skopijiet o]ra. Il-qlig] mill-bejg] tal-prodotti

msemmija fis-subregolament (1)(`)(iii) irid imur g]and is-sid ta’ l-

annimali jew ir-rappre\entant tieg]u, wara li jitnaqqsu l-ispejje\

imsemmija hawn qabel.

(3) G]andhom ikunu adottati regoli dettaljati g]all-

applikazzjoni ta’ dan ir-regolament, skond il-b\onn, skond ir-regoli

tal-Komunità Ewropea u skond il-pro`edura stabbilita fl-artikolu

16(2) u (4) ta’ l-Att dwar is-Servizzi Veterinarji.

(4) Il-pro`edura ta’ informazzjoni misjuba ta]t ir-regolament

4(1)(d) g]andha tkun attivata.

(5) Is-Servizzi Veterinarji g]andhom, meta xieraq, jikkomunika

kull informazzjoni g]ad-disposizzjoni tieg]u skond id-

disposizzjonijiet ta’ l-artikolu 21 ta’ l-Att dwar is-Servizzi

Veterinarji.

Liġijiet ta' Malta — Leġiżlazzjoni Sussidjarja 437.40 — Regolamenti li Jirregolaw l-Organizzazzjoni ta’ Verifiki Veterinarji fuq Annimali li jidħlu fil-Komunità minn Pajjiżi minn Postijiet ta’ Spezzjoni fuq il-Fruntiera ġewwa t-Territorju ta’ Malta

G]all-g]anijiet ta’ twettieq tal-verifiki msemmija fir-

regolament 7(3) u (4), l-identifikazzjoni u r-re[istrazzjoni provduti

MINN PAJJI|I TERZI MINN POSTIJIET TA’ SPEZZJONI

FUQ IL-FRUNTIERA {EWWA T-TERRITORJU TA’ MALTA

fl-artikolu 3(1)(`) tad-Direttiva tal-Kunsill ta’ l-Unjoni Ewropea

90/425/KEE iridu, ]lief fil-ka\ ta’ annimali g]all-qatla u g]al

equidae re[istrati, jitwettqu fil-post ta’ destinazzjoni ta’ l-annimali,

m et a x i e r a q , w a r a l - p er j o d u t a ’ o ss e r v az z j o n i p r o v du t f i r-

regolament 8(5).

Il-pro`eduri biex ikunu identifikati u mmarkati annimali

g]all-qatla g]andhom ikunu determinati skond ir-rekwi\iti tal-

Komunità Ewropea u skond il-pro`edura provduta fl-artikolu 16(2)

ta’ l-Att dwar is-Servizzi Veterinarji.

Liġijiet ta' Malta — Leġiżlazzjoni Sussidjarja 437.40 — Regolamenti li Jirregolaw l-Organizzazzjoni ta’ Verifiki Veterinarji fuq Annimali li jidħlu fil-Komunità minn Pajjiżi minn Postijiet ta’ Spezzjoni fuq il-Fruntiera ġewwa t-Territorju ta’ Malta

G]andha tin[abar mi\ata g]all-verifiki veterinarji u ta’

sa]]a meta l-annimali msemmija f ’dan ir-regolament ikunu

importati, skond id-Direttiva tal-Kunsill ta’ l-Unjoni Ewropea 96/

23/KEE u l-artikolu 20 ta’ l-Att dwar is-Servizzi Veterinarji.

Liġijiet ta' Malta — Leġiżlazzjoni Sussidjarja 437.40 — Regolamenti li Jirregolaw l-Organizzazzjoni ta’ Verifiki Veterinarji fuq Annimali li jidħlu fil-Komunità minn Pajjiżi minn Postijiet ta’ Spezzjoni fuq il-Fruntiera ġewwa t-Territorju ta’ Malta

Skond il-pro`edura stabbilita fir-regoli tal-Komunità

Ewropea, frekwenza inqas ta’ verifiki ta’ identità, u, jew verifiki

f i \ i ` i j i s t g ] u , m i n g ] a j r p r e [ u d i z z j u g ] a l l -k o n t r o l l i d w a r

konformità mal-]ti[iet ta’ [id ta’ l-annimali matul il-[arr, ikunu

applikati ta]t `erti kondizzjonijiet, u b’mod partikolari fid-dawl

tar-ri\ultati ta’ verifiki li jkunu di[à twettqu.

Liġijiet ta' Malta — Leġiżlazzjoni Sussidjarja 437.40 — Regolamenti li Jirregolaw l-Organizzazzjoni ta’ Verifiki Veterinarji fuq Annimali li jidħlu fil-Komunità minn Pajjiżi minn Postijiet ta’ Spezzjoni fuq il-Fruntiera ġewwa t-Territorju ta’ Malta

Drittijiet ta’ appell e\istenti fil-li[ijiet fis-se]] f’Malta

minn de`i\jonijiet tas-Servizzi Veterinarji ma g]andhomx ikunu

milqutin b’dawn ir-regolamenti.

De`i\jonijiet me]uda mis-Servizzi Veterinarji fid-

destinazzjoni u r-ra[unijiet g]al dawn id-de`i\jonijiet g]andhom

ikunu notifikati lill-importatur kon`ernat jew lir-rappre\entant

tieg]u.

Jekk l-importatur kon`ernat jew ir-rappre\entant tieg]u

hekk jitlob, id-de`i\jonijiet u r-ra[unijiet imsemmija g]andhom

jintbag]tu lilu bil-miktub bid-dettalji tad-drittijiet ta’ appell li

jkunu g]ad-disposizzjoni tieg]u skond il-li[i fis-se]] f’Malta fejn

ikun jinsab il-post ta’ spezzjoni fuq il-fruntiera, u l-pro`edura u l-

limiti ta’ \mien applikabbli.

KAPITOLU II

Disposizzjonijiet ta’ Salvagwardja

Liġijiet ta' Malta — Leġiżlazzjoni Sussidjarja 437.40 — Regolamenti li Jirregolaw l-Organizzazzjoni ta’ Verifiki Veterinarji fuq Annimali li jidħlu fil-Komunità minn Pajjiżi minn Postijiet ta’ Spezzjoni fuq il-Fruntiera ġewwa t-Territorju ta’ Malta

(1) Jekk ifaqqg]u jew jinxterdu fit-territorju ta’ pajji\

terz, marda msemmija fl-Iskeda II ta’ l-Att dwar is-Servizzi

Veterinarji, zoonosis jew marda o]ra jew fenomenu ie]or li g]andu

mnejn jippre\enta theddida serja g]as-sa]]a ta’ l-annimali jew

g]as-sa]]a umana, jew jekk xi ra[uni o]ra serja ta’ sa]]a ta’ l-

annimali hekk tirrikjedi, b’mod partikolari fid-dawl tas-sejbiet ta’

esperti veterinarji tal-Kummissjoni Ewropea, l-Uffi`jal Veterinarju

Ewlieni jista’, skond il-pro`edura stabbilita fl-artikolu 16(3) ta’ l-

Att dwar is-Servizzi Veterinarji, jadotta ming]ajr dewmien wa]da

mill-mi\uri li [ejjin u, jiddependi mill-gravità tas-sitwazzjoni,

jissospendi l-importazzjonijiet [ejjin mill-pajji\ terz kon`ernat jew

minn parti minnu, u meta jkun xieraq, mill-pajji\ terz ta’ transitu,

ifassal kondizzjonijiet spe`jali dwar l-annimali [ejjin mill-pajji\

kollu jew minn parti mill-pajji\ terz kon`ernat.

FUQ IL-FRUNTIERA {EWWA T-TERRITORJU TA’ MALTA

(2) Jekk wa]da mill-verifiki provduti f’dawn ir-regolamenti

tindika li kunsinna ta’ annimali g]andha mnejn tkun ta’ periklu

g]as-sa]]a ta’ l-annimali jew g]as-sa]]a umana, l-Uffi`jal

Veterinarju Ewlieni g]andu immedjatament jie]u dawn il-mi\uri li

[ejjin

(i) huwa g]andu jikkonfiska u jeqred il-kunsinna;

(ii) huwa g]andu jinforma immedjatament lill-

postijiet ta’ spezzjoni fuq il-fruntiera ta’ Malta,

lill-awtoritajiet kompetenti ta’ l-Istati Membri u

l-Kummissjoni Ewropea dwar is-sejbiet u dwar

l-ori[ini ta’ l-annimali, skond ir-regolament

12(4).

(3) Fejn fil-ka\ previst fis-subregolament (1), il-Kummissjoni

Ewropea tie]u mi\uri protettivi ad interim fir-rigward ta’ l-

annimali mni\\la ta]t ir-regolament 9, l-Uffi`jal Veterinarju

Ewlieni ta’ Malta g]andu, skond ir-regoli tal-Komunità Ewropea u

skond il-pro`edura ta’ l-artikolu 16(3) ta’ l-Att dwar is-Servizzi

Veterinarji, jimplimenta g]al Malta l-istess mi\uri bla dewmien.

(4) Fil-ka\ fejn is-Servizzi Veterinarji informaw il-

Kummissjoni Ewropea uffi`jalment dwar il-]tie[a li jittie]du

mi\uri ta’ salvagwardja u li l-Kummissjoni ma semmietx is-

subregolamenti (1) u (3) jew ittardjat id-de`i\joni min]abba

f’regoli ta’ pro`edura, l-Uffi`jal Veterinarju Ewlieni ta’ Malta jista’

jie]u mi\uri prottettivi fuq l-annimali inkwistjoni. Fejn il-

Veterinarju Uffi`jali Ewlieni ta’ Malta jie]u dawn il-mi\uri

protettivi, ad interim, fir-rigward ta’ pajji\i terzi skond ma hemm

f ’dan il-paragrafu, g]andu jinforma l-Istati Membri l-o]ra u l-

Kummissjoni skond ir-regolament 12(5).

(5) Fejn de`i\jonijiet tal-Kummissjoni Ewropea li jestendu,

jemendaw jew jirtiraw mi\uri de`i\i skond is-subregolamenti (1),

(2), (3) u (4), il-Veterinarju Uffi`jali Ewlieni ta’ Malta g]andu,

skond ir-regoli tal-Komunità Ewropea u skond il-procedura

stabbilita fl-artikolu 16(3) ta’ l-Att dwar is-Servizzi Veterinarji,

jimplimenta g]al Malta l-istess mi\uri bla ebda dewmien.

(6) G]andhom ikunu adottati regoli dettaljati g]all-

applikazzjoni ta’ dan il-Kapitolu, meta jin]ass il-b\onn, skond ir-

regoli tal-Komunità Ewropea u skond il-pro`edura stabbilita fl-

artikolu 16(3) ta’ l-Att dwar is-Servizzi Veterinarji.

KAPITOLU III

SPEZZJONI

Liġijiet ta' Malta — Leġiżlazzjoni Sussidjarja 437.40 — Regolamenti li Jirregolaw l-Organizzazzjoni ta’ Verifiki Veterinarji fuq Annimali li jidħlu fil-Komunità minn Pajjiżi minn Postijiet ta’ Spezzjoni fuq il-Fruntiera ġewwa t-Territorju ta’ Malta

(1) Esperti veterinarji mill-Kummissjoni Ewropea jistg]u,

flimkien mas-Servizzi Veterinarji jivverifikaw li l-postijiet ta’

spezzjoni fuq il-fruntiera approvati skond ir-regolament 6 u `-

`entri ta’ kwarantina approvati skond ir-regolament 10 jissodisfaw

il-kriterji elenkati rispettivament fl-Iskedi A u B.

Access b]alma jsibu l-uffi`jali ta’ l-awtorità kompetenti

g]andu ji[i mog]ti lill-persuni kkon`ernati, flimkien ma’

informazzjoni u dokumentazzjoni, kif ukoll access g]all-postijiet,

MINN PAJJI|I TERZI MINN POSTIJIET TA’ SPEZZJONI

FUQ IL-FRUNTIERA {EWWA T-TERRITORJU TA’ MALTA

stabbilimenti, stallazjonijiet u mezzi ta’ trasport sabiex il-verifiki

jkunu jistg]u jse]]u.

(2) Is-Servizzi Veterinarji g]andhom jipprovdu lil dawn l-

esperti veterinarji kull g]ajnuna li jistg]u jin]tie[u fil-qadi ta’

dmirijiethom.

Laws of Malta — Subsidiary Legislation 437.40 — PRINCIPLES GOVERNING THE ORGANISATION OF VETERINARY CHECKS ON ANIMALS ENTERING THE COMMUNITY FROM THIRD

(5) Subregulation (1)(b) and subregulations (3) and (4) shall

not apply to quarantine centres which are solely for the animals

referred to in regulation 8(1), 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.

11. (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,

OF THE TERRITORY OF MALTA

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.

12. (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.

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

OF THE TERRITORY OF MALTA

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 subregulation (4).

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

costs incurred in the measures provided for in subregulation (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

subregulation (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.

13. For the purposes of carrying out the checks referred to in

regulation 7(3) and (4), the identification and registration provided

for in article 3(1)(c) of European Union Council Directive 90/425/

E E C m ust , ex cep t i n th e cas e of ani m al s fo r sl au g ht er 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).

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.

14. 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.

15. In compliance with European Community requirements,

less frequent identity checks and, or physical checks may, without

prejudice to controls to see that 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.

16. 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.

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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

17. (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 subregulation (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.

(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 subregulations (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

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regulation 12(5).

(5) Where European Commission decisions to extend, amend

or repeal measures have been decided on pursuant to subregulations

(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

18. (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.

19. 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.

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.

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Laws of Malta — Subsidiary Legislation 437.40 — PRINCIPLES GOVERNING THE ORGANISATION OF VETERINARY CHECKS ON ANIMALS ENTERING THE COMMUNITY FROM THIRD

(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 subregulation (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.

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