S.L. 439.20 чл. 50Safeguard clauses

(1) Where the competent authority in Malta has scientifically justifiable grounds for believing it is essential to use non-human primates for the purposes referred to in regulation 8(1)(a)(i) with regard to human beings, but where the use is not undertaken with a view to the avoidance, prevention, diagnosis or treatment of debilitating or potentially life-threatening clinical conditions, it may adopt a provisional measure allowing such use, provided the purpose cannot be achieved by the use of species other than non-human primates.

(2) Where the competent authority in Malta has grounds for believing that action is essential for the preservation of the species or in relation to an unexpected outbreak of a life-threatening or debilitating clinical condition in human beings, it may adopt a provisional measure allowing the use of great apes in procedures having one of the purposes referred to in sub-regulations (b)(i), (c) or

(e) of regulation 5; provided that the purpose of the procedure cannot be achieved by the use of species other than great apes or by the use of alternative methods. However, the reference to regulation 5(b)(i) shall not be taken to include the reference to animals and plants.

(3) Where, for exceptional and scientifically justifiable reasons, the competent authority in Malta deems it necessary to allow the use of a procedure involving severe pain, suffering or distress that is likely to be long-lasting and cannot be ameliorated, as referred to in regulation 15(2), it may adopt a provisional measure to allow such procedure. The competent authority in Malta may decide not to allow the use of non-human primates in such procedures.

(4) When the competent authority in Malta adopts a provisional measure in accordance with sub-regulations 1, 2 or 3, it shall immediately inform the Commission and the other Member States thereof, giving reasons for its decision and submitting evidence of the situation as described in sub-regulations 1, 2 and 3 on which the provisional measure is based.