S.L. 437.38 Art. 3The animals and products which may be the subject of trade. Cap. 437. Cap. 437.

(1) In the territory of Malta, only the animals and products referred to in regulation 1 that fulfil the following conditions may be the subject of trade:

(a) the animals and products referred to in Schedule A must satisfy the requirements of the relevant Community legislation listed in the said Schedule and the animals and products referred to in Schedule B must fulfil the animal health requirements of the Member State of destination;

(b) they must come from holdings, centres or organisations which are subject to regular official veterinary checks in accordance with subregulation (3);

(c) they must, on the one hand, be identified in accordance with the requirements of European Community rules and, be registered in such a way that the original or transit holding, centre or organisation can be traced. Veterinary Services must take appropriate measures to guarantee that the identification and registration systems applicable to intra-Community trade are [

extended to the movement of animals within the territory of Malta;

(d) they must, when transported, be accompanied by health certificates and, or any other documents as provided for in the European Community legislation referred to in Schedule A and, for the other animals and products, by the rules of the Member State of destination. Those certificates or documents, issued by the official veterinarian responsible for the holding, centre or organisation of origin and, in the case of documents required by the zootechnical legislation referred to in section II of Schedule A, by the competent authority, must accompany the animal, animals and products to its or their destinations;

(e) susceptible animals, or products of susceptible animals, must not originate -

(i) from holdings, centres or organisations, areas or regions which are subject to restrictions determined in accordance with European Community rules, where applicable, for the animals concerned or products from the animals concerned because of the suspicion, outbreak or existence of a disease referred to in Schedule C or because of the application of safeguard measures;

(ii) from a holding, centre, organisation, area or region which is the subject of official restrictions because of the suspicion, outbreak or existence of a disease other than those referred to in Schedule C or of the application of safeguard measures;

(iii) in cases where they are intended for holdings, centres or organisations situated in the Member States which have obtained the guarantees pursuant to article 9 of European Union Council Directive 64/432/EEC or other equivalent European Community rules which have been or will be adopted or in a State recognised, by Community legislation as free, in all or part of its territory, of a disease, from a holding which does not provide the guarantees which may be required by that Member State with respect to diseases other than those listed in Schedule C;

(iv) when they are intended for a Member State or part of the territory of a Member State which has benefited from the guarantees pursuant to article 9 of European Union Council Directive 64/432/ EEC or other equivalent European Community rules which have been or will be adopted, from a holding, centre or organisation and, should the case arise, from a part of the territory which does not offer the additional guarantees provided for. The Veterinary Services shall ensure, before issuing the certificate or accompanying document, that the holdings, centres or organisations comply with the requirements provided for in this paragraph;

(f) where the transport operation involves several places of destination, animals and products must be grouped together in as many consignments as there are places of destination. Each consignment must be accompanied by the certificates and, or documents referred to in paragraph (d);

(g) where animals and products covered by the European Community legislation referred to in Schedule A which comply with European Community rules are intended for export to a third country through the territory of a Member State, the transport operation must except in cases of urgent need duly authorised by the Veterinary Services in order to ensure the welfare of the animals remain under customs supervision up to the point of exit from European Community territory, in accordance with detailed arrangements to be drawn up in accordance with requirements of European Community and under the procedure laid down in article 15 of the Veterinary Services Act. Moreover, in the cases of animals and products not complying with European Community rules or animals and products referred to in Schedule B, transit may take place only if it has been expressly authorised by the competent authority of the Member State of transit.

(2) In the territory of Malta, the competent authority shall ensure that -

(a) the animals and products referred to in regulation 1 which might have to be slaughtered under a national program for the eradication of diseases not referred to in Schedule C are not dispatched to the territory of a Member State;

(b) the animals and products referred to in Schedule A or the animals and products referred to in Schedule B are not dispatched to the territory of a Member State if they cannot be marketed on their own territory for health or animal health reasons justified by the Treaty.

(3) Without prejudice to the monitoring duties assigned to the official veterinarian under European Community legislation, the competent authority shall carry out checks on holdings, approved markets and assembly centres, centres or organisations in order to satisfy itself that animals and products intended for trade comply with European Community requirements for trade and in particular [

fulfil the conditions laid down in subregulation (1)(c) and (d) with regard to identification. Where there are grounds for suspecting that these requirements are not being met, the competent authority shall carry out the necessary checks and, if the suspicion is confirmed, take the appropriate measures, which may include isolation of the holding, centre or organisation concerned.

(4) Detailed rules for the application of this regulation, in particular to take account of the species concerned, may be adopted in accordance with requirements of the European Community and under the procedure laid down in article 15 of the Veterinary Services Act.