PRINCIPLES GOVERNING THE ORGANISATION OF VETERINARY CHECKS ON PRODUCTS ENTERING THE TERRITORY OF MALTA

TERRITORY OF MALTA FROM THIRD COUNTRIES

SUBSIDIARY LEGISLATION 437.41

PRINCIPLES GOVERNING THE ORGANISATION

OF VETERINARY CHECKS ON PRODUCTS

ENTERING THE TERRITORY OF MALTA

FROM THIRD COUNTRIES REGULATIONS

18th November, 2003

LEGAL NOTICE 356 of 2003.

(1) The title of these regulations is the Principles

Governing the Organisation of Veterinary Checks on Products

Entering the Territory of Malta from Third Countries Regulations.

(2) Veterinary checks on products from third countries

introduced into the territory of Malta shall be carried out in

accordance with these regulations.

(3) The scope of these regulations is to implement the rules

found under European Union Council Directive 97/78/EC laying

down the principles governing the organisation of veterinary

checks on products entering the Community from third countries.

Approved requirements for border inspection posts

In order to obtain approval, border inspection posts must have

A.

The staff necessary to check the documents (public health and animal health

certificates or any other document laid down by veterinary legislation)

accompanying the products,

B.

Sufficient numbers, in relation to the quantity of products dealt with by the

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

checks that products correspond to the accompanying documents and systematic

physical checks of each product consignment,

C.

Sufficient staff to take and process random samples of product consignments

presented at a given border inspection post,

D.

Sufficiently large premises available to the staff responsible for carrying out

veterinary checks,

E.

Appropriate hygienic premises and facilities for carrying out routine

analyses and taking samples in accordance with these regulations,

F.

Appropriate hygienic premises and facilities for taking and processing the

samples for the routine checks laid down in veterinary rules (microbiological

standards),

G.

The services of a specialised laboratory able to carry out special analyses on

the samples taken at that post,

H.

Premises and cold stores for the storage of part of the consignments taken

for analysis and products whose release for free circulation has not been authorised

by the veterinary officer responsible for the border inspection post,

I.

Appropriate equipment for the rapid exchange of information, in particular

with other border inspection posts (through the computerised system ANIMO),

J.

The services of an establishment qualified to carry out the treatment

provided for in European Union Council Directive 90/667/EEC.

(1) For the purposes of these regulations, the definitions

contained in article 2 of European Union Council Directive 89/662/

EEC and article 2 of European Union Council Directive 90/425/

EEC shall apply as necessary.

(2)

In addition -

(a) ''border inspection post'' means any inspection post,

designated and approved in accordance with regulation

6, for the carrying out of veterinary checks on products

arriving from third countries at the border of the

territory of Malta;

(b) ''competent authority'' means for the territory of Malta

the Veterinary Services and for Member States the

central authority empowered to carry out veterinary

checks, or any authority to which it has delegated such

powers;

(c) ''consignment'' means a quantity of products of the

same type, covered by the same veterinary

certificate(s) or veterinary document(s), or other

document(s) provided for by veterinary legislation,

conveyed by the same means of transport and coming

from the same third country or part of such country;

(d) ''Customs-approved treatment for use'' means -

(i) the placing of goods under a customs procedure;

(ii) their entry into a free zone or free warehouse;

(iii) their re-exportation from the customs territory of

Malta;

TERRITORY OF MALTA FROM THIRD COUNTRIES

(iv)

their destruction;

(v)

their abandonment to the Government.

(e) ''documentary check'' means the examination of the

veterinary certificate(s) or veterinary document(s), or

other document(s) accompanying a consignment;

(f)

''identity check'' means a check by visual inspection to

ensure that the veterinary certificate(s) or veterinary

document(s) or other document(s) provided for by

veterinary legislation tally with the product itself;

(g) ''import'' means the free circulation of products and the

intention to release products for free circulation in the

territory of Malta;

(h) ''import conditions'' means veterinary requirements for

products to be imported, as laid down in veterinary

legislation;

(i)

''person responsible for the load'' means any natural or

legal person who, in accordance with the provisions of

customs rules, has responsibility for the development

of the various situations covered by the said regulation

in which the consignment may be, and also the

representative referred to in the said regulation who

assumes such responsibility for following up the

checks laid down in these regulations;

(j)

''physical check'' means a check on the product itself,

which may include checks on packaging and

temperature and also sampling and laboratory testing;

(k) ''products'' means the products of animal origin

referred to in European Union Council Directives 89/

662/EEC and 90/425/EEC, including by-products of

animal origin not covered by other regulation, and the

plant products referred to in regulation 17;

(l)

''trading partner” in the meaning of article 2 of the

Veterinary Services Act shall mean -

(i) Member States of the European Community;

(ii) Third countries to the European Community;

where relevant.

CHAPTER I

Organisation and effects of checks

Physical check of the products

The aim of the physical check of the animal products is to ensure that the products

still meet the purpose mentioned on the veterinary certificate or document; the

guarantees of origin certified by the third country must accordingly be verified while

ensuring that the subsequent transport of the product has not altered the original

guaranteed condition, by means of -

(a) sensory examinations - smell, colour, consistency, taste;

(b) simple physical or chemical tests - cutting, thawing, cooking;

(c) laboratory tests to detect - residues, pathogens, contaminants, evidence

of alteration.

Whatever the type of product, the following must be carried out

(i)

a check on the conditions and means of transport to identify in

TERRITORY OF MALTA FROM THIRD COUNTRIES

particular any shortcomings or breaks in the cold chain;

(ii) the real weight of the consignment and that indicated on the

veterinary certificate or document must be compared, and the

whole consignment weighed where necessary;

(iii) the wrapping materials and all markings (stamps, lavels) thereon

must be checked to ensure their conformity with veterinary

legislation;

(iv) the temperature required by veterinary legislation must be

checked to ensure compliance during transport;

(v) entire set of packages, or samples in the case of bulk products

must be examined before undergoing sensory examination and

physical, chemical and laboratory tests. The tests must be carried

out on a whole range of samples drawn from the entire

consignment, which may be partially unloaded where necessary to

ensure that all parts of it are reached. The examination must cover

1% of the items or packages in a consignment, from a minimum of

two items/packages to a maximum of ten. However, depending on

the products and the circumstances, the Veterinary Services may

insist on more extensive checks. In the case of bulk goods, at least

five samples must be taken from various parts of the consignment;

(vi) where random laboratory tests are undertaken which cannot

provide immediate results, and there is no immediate danger to

public or animal health, the consignment may be released.

However, where the laboratory tests have been carried out

because of a suspicion of irregularity or previous tests have given

positive results, the consignments may not be released until the

test results are negative;

(vii)

the means of transport must be fully unloaded only in the

following cases

- loading was done in such a way as to make access to the

entire consignment impossible by partial unloading alone,

- sample checks have revealed irregularities,

- the previous consignment has shown irregularities,

- the official veterinarian suspects irregularities;

(viii) once the physical check has been completed, the competent

authority must certify the check by closing and officially

stamping all the opened packages and by resealing all the

containers, the number of the seal being then entered on the

border transit document.

(1) No consignment from a third country is introduced into

the territory of Malta without having been subjected to the

veterinary checks required by these regulations.

(2) Consignments are introduced into the territory of Malta via

a border inspection post.

(3) In the territory of Malta persons responsible for the load are

obliged to forward information in advance by duly completing

where applicable the certificate referred to in regulation 5(1), or

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provide a detailed description in writing or in computerised form of

the consignment referred to in subregulation (1), including the

products referred to in regulations 9 and 17(1), to the veterinary

staff of the border inspection post to which the products are to be

submitted. Veterinary Services may inspect the manifests of vessels

and aircraft and check that they tally with the above-mentioned

statements and documents.

(4) The customs authorities on whom the border inspection

post is geographically dependent shall allow the intended customs-

approved treatment or use of the consignments only in accordance

w i th t he c o nd it io ns s e t o ut i n the certifica te refe rred to in

regulation 5(1).

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

particular the list of products to be subjected to a veterinary check,

shall be adopted in accordance with the procedure laid down in

article 16(2) of the Veterinary Services Act and in accordance with

European Community rules.

(1) Each consignment shall be subject to veterinary checks

in the border inspection post referred to in regulation 3(2) by the

Veterinary Services under the responsibility of the official

veterinarian in accordance with regulation 6(1)(b).

(2) For each consignment the official veterinarian shall, on the

basis of the information referred to in regulation 3(3), consult any

database or document to be informed on possible rejected

consignments by other border inspection post in Malta or in

Member States. Furthermore, for each consignment intended for

import into the territory of Malta, he shall, if necessary, consult the

EU database or document to be informed on the import

requirements concerning imports from third countries. The official

veterinarian shall ensure that all the operations required to maintain

these databases or documents are carried out.

(3) Each consignment shall be subject to a documentary check

irrespective of the customs-approved treatment or use in order to

establish -

(a) that the information in the certificates or documents

referred to in regulation 7(1) corresponds to the

information forwarded in advance in accordance with

regulation 3(3);

(b) in the case of imports, that the particulars contained in

the certificates or documents referred to in regulation

7(1) or other documents afford the guarantees

required.

(4) Apart from the specific cases stipulated in regulations 9 to

14, the official veterinarian shall carry out the following checks

(a) an identity check on each consignment to ascertain

that the products correspond to the information given

in the accompanying certificates or documents. Apart

from bulk consignments as provided for in European

Union Council Directive 92/118/EEC , this procedure

TERRITORY OF MALTA FROM THIRD COUNTRIES

shall comprise -

(i)

where products of animal origin arrive in

containers, verification that the seals fixed by

the official veterinarian (or the competent

authority), where required by veterinary

legislation, are intact and that the information

appearing thereon corresponds to that given in

the accompanying document or certificate;

(ii) in other cases

- for all types of product, a check that the

stamps, official marks and health marks

identifying the country and establishment of

origin are present and conform to those on

the certificate or document,

- in addition, for wrapped or packaged

products, a check on the specific labelling

provided for in veterinary legislation,

(b) a physical check on each consignment -

(i)

in order to ascertain that the products satisfy the

requirements

of

European

Community

veterinary legislation and are in a fit state to be

used for the purpose specified in the

accompanying certificate or document. These

checks must be carried out in accordance with

the criteria laid down in Schedule II;

(ii) prior to carrying out, in accordance with the

frequencies to be established, using European

Community rules and the procedure laid down in

article 16(5) of the Veterinary Services Act -

- any laboratory tests on the spot,

- any official sampling required for earliest

possible analysis.

(5) Detailed rules for the application of this regulation shall be

adopted in accordance with European Community rules and the

procedure laid down in article 16(2) and (5) of the Veterinary

Services Act.

(1) After completion of the required veterinary checks the

official veterinarian shall issue a certificate for the consignment of

products concerned certifying the results of the checks in

accordance with the model provided in Annex B to European Union

Council Directive 93/13/EEC laying down the procedures for

veterinary checks at border inspection posts on products from third

countries, adapted where appropriate in accordance with

subregulation (4).

(2) The certificate referred to in subregulation (1) shall

accompany the consignment -

(a) as long as the consignment remains under customs

supervision, in which case the said document shall

TERRITORY OF MALTA FROM THIRD COUNTRIES

refer to the customs document;

(b) in the case of importation, as far as the first

establishment as referred to in European Union

Council Directive 89/662/EEC, or as far as the first

centre or organisation of destination as referred to in

European Union Council Directive 90/425/EEC.

(3) If the consignment is split, the provisions of subregulations

(1) and (2) shall apply to each part.

(4) Detailed rules for the application of this regulation,

including the adaptations of Annex B to European Union Council

Directive 93/13/EEC shall be adopted in accordance with European

Community rules and implemented according to the procedure laid

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

(1)

Border inspection posts must -

(a) be located in the immediate vicinity of the point of

entry into one of the territories of Malta, and in an area

which is designated in consultation with the customs

authorities;

(b) be 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. He shall ensure

that all updating of the data referred to in regulation

4(2) is carried out.

(2) In accordance with the procedure laid down in article 16(6)

of the Veterinary Services Act and under European Community

rules, the list of border inspection posts in force is drawn up and

may subsequently be amended or supplemented -

(a) by the recording of any new border inspection posts -

(i)

proposed by the Veterinary Services, once they

have checked that it complies with the

requirements of Schedule I and of European

Union Commission Decision 2000/812/EC

laying down requirements for the approval of

border inspection posts responsible for

veterinary checks on products introduced from

third countries,

(ii) inspected by the European Commission in

collaboration with the Veterinary Services. In

their proposal, Veterinary Services must take in

due account the remarks of European

Commission especially concerning those in

relation with the harmonisation of requirements

for the approval of border inspection posts in

Member States;

(b) by withdrawal of a border inspection post, where it is

found not to be complying with the conditions laid

down in Schedule I, either during a check carried out

TERRITORY OF MALTA FROM THIRD COUNTRIES

by the Veterinary Services or following the remarks of

the European Commission mentioned in paragraph (a)

or in cases where the inspections have resulted in a

serious public or animal health risk.

(3) Veterinary Services must, in serious cases, particularly on

public or animal health grounds, suspend approval of a border

inspection post situated in the territory of Malta. It shall inform the

European Commission and the Member States of such suspension

and of its reasons. The border inspection post may be restored to

the list only in accordance with subregulation (2)(a).

(4) The European Commission shall draw up and publish a list

of approved border inspection posts, including cases where

approval has been temporarily suspended.

(5) Detailed rules for the application of this regulation shall be

adopted in accordance with European Community rules and

implemented according to the procedure laid down in article 16(6)

of the Veterinary Services Act.

(1) Each consignment intended for import into one of the

territories of the European Community shall be accompanied by the

original veterinary certificates or original veterinary documents or

other original documents as required by veterinary legislation. The

original certificates or documents shall remain at the border

inspection post.

(2) Each consignment of products from a third country

intended for import into the territory of Malta shall be subject to an

identity check and a physical check as provided for in regulation

4(4).

(3) The customs authorities shall not allow the importation of

consignments of products unless -

(a) without prejudice to the customs regulations and to the

special provisions to be adopted in accordance with

European Community rules;

(b) proof has been supplied that the relevant veterinary

checks have been carried out with satisfactory results,

that the relevant certificate has been issued in

accordance with regulation 5(1) and that the competent

authority has a guarantee that the inspection fees

referred to in article 20 of the Veterinary Services Act

have been or will be paid, in accordance with the

provisions of the Act.

(4) If the consignment complies with the import conditions, the

official veterinarian shall provide the person concerned with an

authenticated copy of the original certificates or documents and

shall, in accordance with regulation 5(1), issue a certificate

declaring that the consignment complies with those conditions on

the basis of the veterinary checks carried out at the border

inspection post.

TERRITORY OF MALTA FROM THIRD COUNTRIES

(5) Trade in the products referred to in article 15 of the

Veterinary Services Act and allowed into the territory of Malta and

the territories of Member States under subregulation (3) shall be

conducted in accordance with the rules laid down in the said article.

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

adopted in accordance with European Community rules and the

procedure laid down in articles 16(2) and 20 of the Veterinary

Services Act.

(1)

Where -

(a) products subject to specific requirements in the

framework of Community veterinary legislation or are

intended for a Member State or an area having

obtained specific requirements in the framework of its

veterinary legislation,

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

when the means of transport leaves the border

inspection post,

(c) imports authorised for specific purposes are involved,

in the cases provided for by veterinary legislation,

additional information must be communicated to the competent

authority of the place of destination by means of the ANIMO

network.

(2) Each consignment of products referred to in subregulation

(1)(a) and (c) and destined for a Member State shall undergo the

documentary, identity and physical checks laid down in regulation

4(3) and (4) at the border inspection post situated in the territory of

Malta, to verify in particular whether the products concerned

comply with the veterinary rules applicable to the Member State or

area of destination.

However, furred wild game imported unskinned shall

undergo an identity or physical check, apart from the health check

and residue search provided for in European Union Council

Directive 96/23/EC, which should be carried out in accordance

with European Union Council Directive 92/45/EEC in the

establishment of destination where the meat must be delivered

under customs supervision in accordance with subregulation (4)(a)

and in conjunction with the certificate referred to in regulation

5(1).

The results of the checks should be forwarded to the

veterinary authority responsible for the border inspection post at

which the products entered. Depending on the outcome, the

measures laid down in regulation 21 shall if necessary be

implemented.

(3) The Veterinary Services shall ensure that, in the case of

products referred to in subregulation (1)(a) and (c) and introduced

into a border inspection post situated in the territory of Malta, all

measures shall be taken to ensure that the consignment involved

reaches the intended Member State of destination.

TERRITORY OF MALTA FROM THIRD COUNTRIES

(4) Products which are to be monitored pursuant to veterinary

legislation from the border inspection post of arrival to the

establishment at the place of destination shall be forwarded under

the following conditions

(a) the consignments in question shall be dispatched from

the border inspection post of arrival to the

establishment at the place of destination under the

supervision of the Veterinary Services in leak-proof

vehicles or containers sealed by the Veterinary

Services. The products referred to in subregulation

(1)(c) shall remain under customs supervision until

they reach the place of destination in accordance with

custom procedure, in conjunction with the certificate

provided for in regulation 5(1) stipulating the

authorised destination and if appropriate citing the

type of processing intended,

(b) the official veterinarian at the border inspection post

concerned shall inform the central veterinary authority

in charge of the establishment at the place of

destination - of the consignment of the place of origin

and the place of destination of the product via the

ANIMO network,

(c) the products shall undergo, in the establishment at the

place of destination, the treatment defined in the

relevant veterinary legislation,

(d) the official veterinarian at the place of destination or,

in the cases provided for in Chapter 10 of Annex I to

European Union Council Directive 92/118/EEC, the

official veterinarian responsible for an intermediate

warehouse, shall be informed by the management of

the establishment of destination or of the intermediate

warehouse of the arrival of the product at its

destination, and shall within fifteen days notify the

official veterinarian at the border inspection post who

notified him of the shipment. He shall carry out

regular checks to ensure that the products have arrived

at the establishment of destination, in particular by

checking the entry records.

(5) If proof is given to the Veterinary Services of the border

inspection post of entry, without prejudice to the provisions of

regulation 18, that the products declared as being intended for an

approved establishment never arrived at their destination, the

veterinary authority shall take appropriate measures vis-à-vis the

person responsible for the load.

(6) The European Commission shall publish the list of

approved establishments in the territory of Malta as referred to in

subregulation (4) for the products concerned in accordance with the

relevant veterinary legislation.

Where an establishment fails to comply with the

notification requirements, the approval may be withdrawn and

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necessary penalties shall be imposed in keeping with the nature of

the risk incurred.

The Veterinary Services shall publish the list of approved

establishments and shall arrange for its updating and

c o m m u n i c a t i o n t o t h e M e m b e r St a t e s a n d t o t h e E u r o p e a n

Commission.

(7) Detailed rules for the application of this regulation, drawn

up after consultation with the customs authorities, shall be adopted

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

Veterinary Services Act and under European Community rules.

(1) Consignments intended for import which arrive at one

border inspection post but are intended for import via another

border inspection post situated in the territory of Malta, or situated

in the territory of a Member State, shall be subject to an identity

check and a physical check at the border inspection post of

destination, provided that the transport takes place by sea or air.

The following procedures shall be carried out in the border

inspection post of introduction

(a) if the consignment is transhipped from one aircraft to

another or from one vessel to another within the

customs area of the same port or airport either directly

or after being unloaded on the quayside or the tarmac

for a period shorter than the minimum period referred

to in paragraph (b), the competent authority shall be

informed by the person responsible for the load. It

may, exceptionally if there is a risk to animal or public

health, carry out a documentary check of the products

on the basis of the certificate or veterinary document

of origin or any other original document

accompanying the consignment concerned or an

authenticated copy thereof;

(b) if the consignment is otherwise unloaded, it must -

(i)

be stored for a maximum and minimum period

and under conditions to be determined according

to the procedure laid down in subregulation (2),

under the supervision of the competent

authority, in the customs area of the port or

airport pending forwarding to another border

inspection post by sea or air;

(ii) be subjected to a documentary check of the

products in relation to the documents referred to

in paragraph (a);

(iii) without prejudice to regulation 18, be subjected

exceptionally to an identity check and a physical

check if there is any possibility of danger to

public or animal health.

(2) Detailed rules for the application of this regulation shall be

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

of the Veterinary Services Act and under European Community

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(1) The transit of consignments from a third country to

another third country may only be authorised if -

(a) such consignments come from a third country whose

products are not prohibited entry on to the territory of

Malta and are intended for another third country. The

Veterinary Services may waive this requirement for

transhipments carried out in accordance with

regulation 9(1)(a) of consignments from one aircraft to

another or from one vessel to another within the

customs area of the same port or airport for the

purpose of re-dispatch without further stop on the

territory of the territory of Malta following general

criteria to be fixed in accordance with subregulation

(4);

(b) such transit has been previously authorised by the

official veterinarian of the border inspection post

where the consignment first arrives in the territory of

Malta;

(c) the person responsible for the load undertakes

beforehand to repossess the consignment if the

products concerned are rejected and to dispose of it in

accordance with regulation 16.

(2) The authorisation referred to in subregulation (1) shall be

subject to compliance with the following conditions

(a) consignments presented for transit at the border

inspection post shall be accompanied by the

documents referred to in regulation 7(1) together, if

necessary, with authenticated translations of such

documents;

(b) the consignment of products must be presented at the

said border inspection post in order to undergo the

documentary check and identity check. Derogation

from the documentary and identity checks may be

granted by the veterinary authority for sea or air

transport where the consignment -

(i)

is not unloaded. In this case, and without

prejudice to regulation 18, documentary checks

will be confined to examination of the on-board

manifest,

(ii) is transhipped as described in regulation 9(1)(a)

from one aircraft to another or from one vessel

to another within the customs area of the same

port or airport.

In exceptional cases which may present a public health

or animal health risk or when irregularities are

suspected, additional physical checks must be carried

out;

TERRITORY OF MALTA FROM THIRD COUNTRIES

(c) in the case of passage by road or by waterway through

the territories of Member States, such a consignment

shall -

(i)

be sent under customs supervision, in

accordance with the T1 procedure laid down in

European Union Regulation No 2913/92/EEC to

the point of exit from the European Community,

together with the document required under sub-

regulation (2)(a) and the certificate referred to

in regulation 5(1) certifying the border

inspection post where the consignment will

leave the European Community;

(ii) be transported, without the products being

unloaded or split after leaving the border

inspection post of arrival, in vehicles or

containers sealed by the authorities. No handling

shall be authorised during transport;

(iii) leave the Community via a border inspection

post within a maximum of thirty days following

departure from the border inspection post of

entry, except where a general exemption is

granted in accordance with the procedure laid

down in subregulation (4) to take account of

duly substantiated cases of geographical

remoteness;

(d) the official veterinarian who authorises the transport

shall inform the official veterinarian of the border

inspection post of exit via the ANIMO network;

(e) the official veterinarian at the border inspection post

of exit shall declare on the certificate referred to in

regulation 5(1) that the consignments concerned have

left the territory of Malta and shall send a copy of the

document to the Veterinary Services.

Should the Veterinary Services not have been informed of

the exit of the products from the territory of Malta within the period

specified, he shall refer the matter to the competent custom

authority, which shall investigate as necessary to determine the

actual destination of the products.

(3) All expenditure incurred pursuant to this regulation shall be

chargeable to the person responsible for the load or his

representative, without indemnification by the State, in accordance

with the principles deriving from article 20 of the Veterinary

Services Act.

(4) Detailed rules for the application of this regulation shall be

adopted in accordance with the procedure laid down in articles

16(2) and 20 of the Veterinary Services Act and under European

Community rules.

TERRITORY OF MALTA FROM THIRD COUNTRIES

(1) Consignments coming from a third country and

intended for a free zone, a free warehouse or a customs warehouse

may, in accord ance with cust oms rules, be adm itted by the

Veterinary Services only if the person responsible for the load has

declared beforehand that the products concerned are destined

ultimately for release into free circulation on the territory of Malta

or on the territory of a Member State or if there is some other end-

use to be specified, and whether or not the products comply with

the import conditions.

In the absence of a clear indication of their end-use,

products must be considered as intended for release into free

circulation on the territory of Malta or on the territory of a Member

State.

(2) Such consignments shall undergo, at the border inspection

post of introduction, a documentary, identity and physical check in

order to determine whether or not the products comply with the

said import conditions. A physical check shall however not be

required - except on suspicion of an animal health or public health

risk - should it appear from the documentary check that the

products do not meet veterinary requirements.

Such consignments shall be accompanied by the documents

r e f e r r e d t o i n r e g u l a t i o n 7 ( 1 ) . I f n e c e s s a r y, a u t h e n t i c a t e d

translations of such documents shall be attached.

(3) If, following the checks referred to in subregulation (2), it

is found that veterinary requirements have been met, the official

veterinarian of the border inspection post shall issue the certificate

referred to in regulation 5(1) in conjunction with the customs

documents. The veterinary and customs authorities of the border

inspection post shall authorise entry to a warehouse in a free zone,

to a free warehouse or to a customs warehouse. Such products shall

from a veterinary point of view be declared fit for subsequent

release into free circulation.

(4) If, following the checks referred to in subregulation (2), it

is found that the products concerned do not meet European

Community veterinary requirements the official veterinarian of the

border inspection post shall issue the certificate referred to in

regulation 5(1) in conjunction with the official customs documents.

The customs and veterinary authorities of the border inspection

post may in such cases only authorise entry to a warehouse in a free

zone, to a free warehouse or to a customs warehouse if, without

prejudice to regulation 15, the following requirements are met

(a) products must not come from a third country subject to

a prohibition as laid down in regulation 10(1)(a), first

sentence;

(b) warehouses in free zones and free warehouses or

customs warehouses must be approved by the

Veterinary Services for the storage of the products. In

order to be approved, they must meet the following

requirements

TERRITORY OF MALTA FROM THIRD COUNTRIES

(i)

they must consist of a closed space with entry

and exit points subject to permanent control by

the management of the warehouse. If a

warehouse is located in a free zone, the entire

zone must be closed and placed under permanent

customs control;

(ii) they must meet the conditions of approval laid

down in veterinary legislation as regards

warehouses storing the product(s) concerned;

(iii) they must have arrangements for the daily

logging of all consignments entering or leaving

the warehouse, with details of the nature and

quantity of the products per consignment and the

name and address of the recipient. Such records

must be kept for at least three years;

(iv) they must possess storage and, or refrigeration

rooms allowing for separate storage of products

which do not comply with veterinary legislation.

The Veterinary Services may, however, in the

case of existing warehouses, authorise separate

storage of such products on the same premises

when products not complying with veterinary

standards are stored in lockable enclosures;

(v) they must have available premises reserved for

the staff carrying out the veterinary checks.

If the checks referred to in subregulation (2) show that the

person responsible for the load has made a false declaration

pursuant to subregulation (1), he shall be obliged to dispose of the

goods in accordance with regulation 16.

(5)

The Veterinary Services shall take all necessary steps -

(a) to ensure that the conditions for approval of

warehouses are maintained;

(b) to prevent products which do not comply with

veterinary requirements from being stored in the same

rooms or enclosures as those which do so comply;

(c) to ensure an effective check on entries and exits from

the warehouse and, during the hours of access, to

ensure supervision by the veterinary authority. They

must in particular ensure that products not meeting

Veterinary requirements cannot leave the rooms or

units where they are stored without the agreement of

the Veterinary Services;

(d) to carry out all checks necessary to avoid any

alteration, substitution of products stored in the

warehouse or any change of packaging, market

preparation or processing.

(6) Veterinary Services may, on grounds of animal or public

health, refuse entry to a customs warehouse, free warehouse or free

zone to products if they do not meet the conditions laid down in

TERRITORY OF MALTA FROM THIRD COUNTRIES

veterinary legislation.

(7) Consignments must not enter a free zone, free warehouse or

customs warehouse unless protected by customs seals.

(8) The consignments referred to in sub-regulation (4) may

only leave a free zone, a free warehouse or a customs warehouse, in

order to be dispatched to a third country or to a warehouse as

referred to in regulation 12, or to be destroyed, provided that -

(a) despatch to a third country is in accordance with the

requirements of regulation 10(1)(c) and (2)(a), (c), (d)

and (e);

(b) transfer to a warehouse as referred to in regulation 12

is carried out under cover of customs control form,

with the name and location of the warehouse

mentioned in the accompanying certificate provided

for in that regulation;

(c) transport to a place of destruction takes place after the

products concerned have been denatured.

The consignments in question shall subsequently be

forwarded under such conditions as to ensure that transport is

carried out, without the goods being unloaded, under the

supervision of the Veterinary Services in leak-proof vehicles or

containers sealed by the Veterinary Services.

Such consignments may not be transferred between the

warehouses referred to in this regulation.

(9) All expenditure incurred pursuant to this regulation,

including the costs of inspection and checks required thereby, shall

be charg eab le to t he person respo nsi ble fo r th e load or his

representative, without indemnification by the State, in accordance

with the principles deriving from article 20 of the Veterinary

Services Act.

(10) Veterinary Services shall submit to the Commission the list

of -

(a) free zones, free warehouses and customs warehouses

as referred to in subregulation (4);

(b) operators as referred to in regulation 12.

(11) In the event of failure to comply with the conditions set out

in subregulations (1) to (10) and insofar as those conditions apply

to the warehou se, the Veterinary Serv ices shall suspend o r

withdraw its approval as referred to in subregulation (4)(b). It shall

inform the European Commission and the other Member States of

any such withdrawal.

Where irregularities, either deliberate or due to serious

negligence, are found, the penalties laid down by the national law

shall be applied to the person responsible for the transport of the

consignment after it has left the warehouse.

TERRITORY OF MALTA FROM THIRD COUNTRIES

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

particular the checking procedures to be carried out on the arrival

and on the departure of consignments to and from such zones or

warehouses, the transport of consignments between such zones or

such warehouses, the form of storage of the products and the

handling allowed, shall be adopted in accordance with European

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

the Veterinary Services Act.

(1) Operators who directly supply cross-border means of

sea transport with products referred to regulation 11(4) for the

purposes of consumption by staff and passengers must, in addition

to meeting the requirements of regulation 11(1), (2), (4)(a) and (b),

(5), (6), (7) and (9) -

(a) be authorised beforehand by the Veterinary Services as

operators;

(b) acquire supplies of products which cannot be

processed unless the raw material complies with

veterinary requirements;

(c) possess closed premises whose entry and exit points

are under permanent control of the person responsible.

Where a warehouse is located in a free zone, the

requirements of regulation 11(4)(b), shall apply;

(d) undertake not to release the products referred to in

regulation 11(4) for consumption on one of the

territories of the European Community;

(e) notify the Veterinary Services as soon as possible of

the arrival of the products at a warehouse as referred to

in paragraph (c).

(2)

The operators referred to in subregulation (1) must -

(a) carry out deliveries directly on board the means of sea

transport or to a specially approved warehouse in the

port of destination, provided that measures are taken to

ensure that the products concerned under no

circumstances leave the port zone for another

destination. The transport of products from the

warehouse of origin to the port of destination must be

carried out under customs supervision in accordance

with custom procedure and be accompanied by a

veterinary certificate formulated in accordance with

the procedure in subregulation (6);

(b) notify in advance the Veterinary Services of the port

zone of the Member State from which the products are

delivered and the competent authorities of the port of

the Member State of destination of the date of dispatch

of the products together with details of their place of

destination;

(c) provide official proof that the products have reached

their final destination;

(d) keep a register of entries and dispatches for at least

TERRITORY OF MALTA FROM THIRD COUNTRIES

three years. The register must enable a check to be

made on portions of consignments remaining in the

warehouse.

(3) Operators should ensure that they do not supply vessels

with products not complying with community veterinary

requirements except to supply passengers and crew outside the

coastal areas of the territory of Malta or other Member States, as

defined by national regulations.

(4) The Veterinary Services of the port zone from which the

products are supplied shall notify the Veterinary Services and if

necessary, the competent authority of the port zone of the Member

State of destination not later than the time of dispatch of the

products and shall inform them of the place of destination of the

products via the ANIMO network.

(5) In the event of failure to comply with the conditions of this

regulation, the Veterinary Services must withdraw the authorisation

referred to in subregulation (1)(a). It shall inform the Commission

and the other Member States of any such withdrawal.

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

particular the checking procedures to be carried out on the

departure and during the transport and delivery of the products due

to be delivered directly on board means of sea transport, including

proof that such products have reached their legal destination, shall

be adopted in accordance with European Community rules and the

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

(1) Products for which the customs-approved treatment or

use is other than as provided for in regulations 7 and 11(3), shall,

unless they are destroyed or returned, undergo an identity check

and a physical check in order to determine whether or not they

comply with the import conditions.

(2) Detailed rules for the application of this regulation shall be

a d o p t e d , w h e r e n e c e s s a r y, 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 and the procedure laid down in article 16(2) of

the Veterinary Services Act.

(1) The re-importation of a consignment of products

originating from Malta or a Member State which was refused by a

third country, shall be authorised if -

(a) the products are accompanied -

(i)

either by the original certificate or a copy

authenticated by the competent authority which

issued the certificate accompanying the

products, together with details of the reasons for

refusal and a guarantee that the conditions

governing the storage and transport of products

have been observed, stating that the products

concerned have not undergone any handling;

(ii) in the case of sealed containers, by a certificate

from the carrier stating that the content has not

TERRITORY OF MALTA FROM THIRD COUNTRIES

been handled or unloaded;

(b) the products in question undergo a documentary and

identity check and, in the cases provided for in

regulation 18, a physical check;

(c) the consignment is directly returned, under the

conditions provided for in regulation 8(4) to the

establishment of origin in the territory of Malta or in

another Member State where the certificate was issued

and that in this latter case it has been previously

authorised by the official veterinarian of the border

inspection post where the consignment first arrives on

behalf of all Member States through which the

consignment will transit.

(2) Veterinary Services cannot oppose the reintroduction of a

consignment of products originating from the territory of Malta or

from another Member State, refused by a third country if the

competent authority which issued the original certificate has agreed

to take back the consignment and the conditions laid down in sub-

regulation (1)(b) have been met.

(3) In the circumstances envisaged in subregulations (1) and

(2), the products in question shall be forwarded under such

conditions as to ensure that transport is carried out as far as the

establishment of origin in accordance with the procedure laid down

in regulation 8(4) in leak-proof means of transport, identified and

sealed by the Veterinary Services so that the seals will be broken

whenever the container is opened.

(4) The official veterinarian who authorises the transport shall

inform the competent authority of the place of destination via the

ANIMO network.

(5) All expenditure incurred pursuant to this regulation,

including the costs of inspection and checks required thereby, shall

be chargeable t o the p erso n responsibl e for the lo ad or his

representative, without indemnification by the State, in accordance

with the principles deriving from article 1 of European Union

Council Directive 85/73/EEC.

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

adopted in accordance with European Community rules and the

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

(1) This Chapter shall not apply to products which -

(a) form part of travellers' personal luggage and are

intended for their personal consumption, insofar as the

quantity does not exceed a quantity to be defined in

accordance with subregulation (3) and provided that

the products come from a Member State or a third

country or part of a third country appearing on the list

adopted in accordance with veterinary rules, and from

which imports are not prohibited;

(b) are sent as small consignments to private persons,

provided that the products are not being imported by

TERRITORY OF MALTA FROM THIRD COUNTRIES

way of trade, insofar as the quantity sent does not

exceed a quantity to be defined in accordance with

subregulation (3) and provided that the products come

from a third country or part of a third country

appearing on a list drawn up in accordance with

veterinary rules, and from which imports are not

prohibited;

(c) are on board means of transport operating

internationally and are intended for consumption by

the crew and passengers, provided that they are not

introduced into the territory of Malta or one of the

territories of Member States.

Where such products or their kitchen waste are

unloaded, they must be destroyed. It is not, however,

necessary to destroy products when they are

transferred directly from one means of transport

operating internationally to another at the same port

and under customs supervision;

(d) have, where quantities not exceeding a figure to be

fixed in accordance with subregulation (3) are

involved, undergone heat treatment in a hermetically

sealed container to an F0 value of 3,00 or more and -

(i)

form part of travellers' personal luggage and are

intended for their personal consumption;

(ii) are sent as small consignments to private

persons, provided that the products are not being

imported by way of trade;

(e) are sent as trade samples or are intended for

exhibitions provided that they are not intended to be

marketed and have been authorised in advance for that

purpose by the Veterinary Services;

(f)

are intended for particular studies or analyses insofar

as it is possible to determine from the official

inspection that such products are not supplied for

human consumption and that, when the exhibition is

finished or when the particular studies or analyses

have been carried out, these products, with the

exception of the quantities used for the analyses, are

destroyed or re-dispatched under certain conditions to

be laid down by the Veterinary Services.

In the case referred to under paragraph (e) the Veterinary

Services shall ensure that the products concerned cannot be used

for purposes other than those for which they were imported into the

territory of Malta.

(2) Subregulation (1) shall not affect the rules applicable to

fresh meat and meat products in accordance with article 1(2) of

European Union Council Directive 72/462/EEC.

TERRITORY OF MALTA FROM THIRD COUNTRIES

(3) The implementing rules and in particular the weight limits

for the different products liable to be covered by the derogation

referred to in subregulation (1), shall be determined in accordance

with European Community rules and the procedure laid down in

article 16(2) of the Veterinary Services Act.

(1) Consignments which have been introduced into the

territory of Malta without being presented for veterinary checks in

accordance with the requirements of regulations 3 and 4 shall be

seized and the Veterinary Services shall decide either to destroy

them in accordance with subregulation (2)(b) or to re-dispatch them

in accordance with subregulation (2)(a).

(2) Where the checks referred to in these regulations show the

Veterinary Services that the product does not satisfy the import

conditions, or where such checks reveal an irregularity, the

Veterinary Services, in consultation with the person responsible for

the load or his representative, shall decide -

(a) either to re-dispatch the product outside the territories

of Member States from the same border inspection

post to a destination agreed with the person

responsible for the load, using the same means of

transport, within a maximum time limit of sixty days,

where this is not precluded by the results of the

veterinary inspection and health requirements.

In this case, the official veterinarian of the border

inspection post must -

(i)

activate the information procedure provided for

in regulation 4(2),

(ii) under arrangements to be defined in accordance

with the procedure referred to in subregulation

(6), invalidate the veterinary certificates or

documents accompanying the rejected products

so that it is not possible to reintroduce the

rejected products via another border inspection

post;

(b) or, if re-dispatch is impossible or the sixty-day time

limit referred to in paragraph (a) has elapsed or the

person responsible for the load gives his immediate

agreement, destroy the products in the facilities

provided for that purpose nearest to the border

inspection post in accordance with European Union

Council Directive 90/667/EEC.

Pending re-dispatch of the products referred to in this

paragraph or confirmation of the reasons for rejection,

the Veterinary Services shall store the products in

question under the supervision of the Veterinary

Services at the expense of the person responsible for

the load.

(3) The provisions of regulations 20 and 21 shall apply where

the checks referred to in subregulations (1) and (2) reveal that a

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serious infringement or repeated infringements of veterinary

legislation has or have been committed.

(4) Subregulation (2) shall not apply where an authorisation

has been given by the Veterinary Services in order to permit the use

of products in accordance with European Union Council Directive

90/667/EEC, provided that there is no risk to public or animal

health.

(5) The person responsible for the load or his representative

shall be liable for the costs incurred in the process of re-dispatching

or destroying the consignment or using the product for other

purposes. Furthermore, where an irregularity has been found to be

the result of serious negligence or a deliberate infringement, the

State must impose the penalties provided for in Part IX of the

Veterinary Services Act on the person responsible for the load.

(6) Detailed rules for the application of subregulations (1) to

(3), particularly the standardisation of the assessment criteria for

deciding on refusal, seizure or destruction, shall be adopted in

accordance with European Community rules and the procedure laid

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

(1) In accordance with European Community rules and the

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

the Maltese competent authorities shall draw up a list of plant

products which, in particular on account of their subsequent

destination, may give rise to the risk of spreading infectious or

contagious animal diseases and on that account are to be subjected

to the veterinary checks laid down by these regulations, and in

particular those provided for in regulation 4, in order to verify the

origin and planned destination of such plant products. The

following shall be adopted in accordance with the same procedure

(a) the animal health conditions which third countries

must comply with and the guarantees which must be

offered, in particular the nature of any processing to be

required in the light of their animal health situation;

(b) a list of the third countries which, in the light of the

guarantees, may be authorised to export to the territory

of Malta the plant products referred to in the first

paragraph;

(c) any specific inspection procedures, in particular with

reference to sampling, which may be applied to these

products, especially in the case of imports in bulk.

(2) Fresh fishery products immediately landed from a fishing

vessel flying a third-country flag shall, and before they can be

imported into the territory of Malta, undergo the veterinary checks

laid down in respect of fish immediately landed by fishing vessels

flying the flag of the territory of Malta or a Member State.

TERRITORY OF MALTA FROM THIRD COUNTRIES

However, by way of derogation from regulation 3(2) the

Veterinary Services may, as under European Community rules and

according to the procedure provided for in article 16(2) of the

Veterinary Services Act, be authorised to carry out the checks laid

down by these regulations in the case of frozen and deep-frozen

tuna that has been landed directly without having been beheaded or

gutted from a vessel belonging to joint enterprises registered in

accordance with the relevant veterinary provisions, provided that -

(a) such checks are carried out by the Veterinary Services

of the nearest border inspection post in the industry of

destination approved for the processing of those

products,

(b) the processing industry is located in the territory of

Malta,

(c) the products are transferred under customs control, in

accordance with the procedure laid down in the first

indent of regulation 8(4), from the point of landing to

the industry of destination.

(3) In accordance with European Community rules and the

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

derogation may be granted from the provisions of regulation

6(1)(b) and, as regards the staff responsible for carrying out the

checks and for issuing certificates, from those of regulation 4(1)

and regulation 5(1) for border inspection posts where fish are

presented in accordance with European Union Council Directive

91/493/EEC.

(1) The products checked must remain under the

supervision of the Veterinary Services until the results of the

checks are obtained.

If the suspicions are confirmed, checks on products of the

same origin must be intensified in accordance with regulation

16(3).

(2) Detailed rules for the application of this regulation shall be

adopted in accordance with European Community rules and the

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

CHAPTER II

Safeguard provisions

(1) If, in the territory of a third country, a disease referred

to in Schedule II of the Veterinary Services Act, a zoonosis or other

disease or any other phenomenon or circumstance liable to present

a serious threat to animal or public health manifests itself or

spreads, or if any other serious animal health or public health

reason so warrants, in particular in the light of the findings of its

v e t e r i n a r y e x p e r t s o r i n th e c h e c k s c ar r i e d o u t i n a b o r d e r

inspection post, the Veterinary Services shall, acting on its own

initiative or at the request of a Member State, adopts one of the

following measures without delay, depending on the gravity of the

situation

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(a) suspend imports from all or part of the third country

concerned, and where appropriate from the third

country of transit,

(b) set special conditions in respect of products coming

from all or part of the third country concerned,

(c) draw up, on the basis of actual findings, requirements

for appropriate checks, which may include specifically

looking for risks to public or animal health and,

depending on the result of those checks, increase the

frequency of the physical checks.

(2) If any one of the checks provided for in these regulations

indicates that a consignment of products is likely to constitute a

danger to animal or human health, the Veterinary Services shall

immediately take the following measures

(a) it shall seize and destroy the consignment in question,

(b) it shall immediately inform the other border inspection

posts of the territory of Malta and Member States and

the Commission of the findings and of the origin of the

products.

(3) In the case provided for in subregulation (1), the Veterinary

Services may take provisional safeguard measures in respect of

products covered by regulations 10, 11 and 12.

(4) When such safeguard measures have been taken in respect

of a third country or an establishment in a third country under this

regulation, the Veterinary Services shall inform the Member States

and the European Commission on these measures.

(5) Decisions to amend, repeal or extend measures decided on

und er subregul ations (1 ), (2), (3) and (4) sh al l be taken in

accordance with the procedure laid down in the Veterinary Services

Act and according to European Community rules.

CHAPTER III

Inspection and checks

(1) Veterinary experts from European Commission may, in

conjunction with the Veterinary Services -

(a) verify that the implementation by the territory of Malta

of the requirements laid down in these regulations are

applied in the similar way than same requirements in

the European Union;

(b) make on-the-spot checks to ensure that the checks are

carried out in accordance with these regulations.

(2) Veterinary Services shall provide the veterinary experts

from the Commission with any assistance they may require in the

performance of their tasks.

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(1) Where the checks provided by these regulations give

grounds for believing that Community veterinary legislation has

been seriously or repeatedly infringed the Veterinary Services shall

take the following measures in respect of products involved in such

use or in the origin of such products

(a) it shall inform the European Commission of the nature

of the products used and the consignment concerned;

(b) Veterinary Services shall carry out more stringent

checks on all consignments of products from the same

origin. In particular, the next ten consignments from

the same origin must be impounded, and a deposit

lodged against inspection costs, at the border

inspection post for a physical check, including the

taking of samples and the laboratory tests provided for

in Schedule II.

Where such additional checks confirm non-compliance

with Veterinary legislation, the offending consignment

or part thereof must be disposed of in accordance with

regulation 16(2)(a) and (b),

(c) the Veterinary Services shall inform the European

Commission of the outcome of the more stringent

checks and on the basis of this information shall make

all necessary investigations, to identify the reasons for

and origins of the infringements found.

(2) Where the checks reveal that the maximum residue limits

have been exceeded, use shall be made of the checks referred to in

subregulation (1)(b).

(1) Where, on the basis of the checks carried out at the

point where the products are marketed, Veterinary Services

considers that these regulations is not being complied with at a

border inspection post, or in a customs warehouse, free zone or free

warehouse referred to in regulation 11, of a Member State, they

shall contact the competent central authority of that Member State

without delay.

Pending the possible Member States’ findings, the

Veterinary Services may, for its part, intensify checks on products

coming from these sources.

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

territory of Malta against decisions by the Veterinary Services shall

not be affected by these regulations.

Decisions taken by the Veterinary Services and the reasons

for such decisions shall be notified to the person responsible for the

load concerned by such decisions, or to his representative.

If the person concerned responsible for the load or his

representative so requests, the said decisions and reasons shall be

forwarded to him in writing, together with details of the rights of

appeal available to him, and also the procedure and time-limits

applicable.

TERRITORY OF MALTA FROM THIRD COUNTRIES

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

adopted in accordance with European Community rules and the

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

and if the Commission has signed agreements on reduced

frequencies (equivalence agreements).

(1) The Commission may, at the request of the competent

authority of the Member State of destination or on its own

i ni ti a ti ve , a n d ta ki ng a c c ou nt o f t he ty p e o f i nf ri n gem e n ts

complained of -

(a) send an inspection team to the Member State in

question in conjunction with the competent national

authorities;

(b) request the competent authority to step up the checks

carried out at the border inspection post, customs

warehouse, free zone or free warehouse in question.

Pending the Commission's findings, the Member State

implicated must, at the request of the Member State of destination,

step up checks at the border inspection post, customs warehouse,

free zone or free warehouse concerned.

The Member State of destination may, for its part, intensify

checks on products coming from these sources.

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

where the irregularities are confirmed by the inspection referred to

in the first indent of the fifth subparagraph, the Veterinary Services

must, in accordance with European Community rules, take the

appropriate measures. Those measures must be confirmed or

r e v i ew ed as s o o n as p o s s i b l e i n a c c o r d a n c e w i t h t h e s a m e

procedure.

The Veterinary Services shall take all the necessary

measures and inform the competent authority of the Member State

of the nature of the checks made, the decisions taken and the

reasons for such decisions. If the competent authority of the

Member State believes the measures are insufficient, it may

examine, with the Veterinary Services, the possible ways and

means of remedying the situation, where necessary by visiting the

border inspection post, or the customs warehouse, free zone or free

warehouse situated in the territory of Malta.

(2) Detailed rules for the application of this regulation shall be

adopted in accordance with European Community rules and the

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

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