S.L. 437.38 Art. 5Inspection measures which must be implementedinthe territory of Malta. Cap. 437.

(1) In the territory of Malta as Member State of destination, the following inspection measures have to be implemented for animals and products coming from Member

States:

(a) the Veterinary Services may, at the places of destination of animals and products, establish by means of non-discriminatory veterinary spot checks that the requirements of animal health and public health Member States’ legislation corresponding to article 3 of European Union Council Directive 90/425/ EEC have been complied with; it may take samples at the same time. Furthermore, checks may also be carried out during the transport of animals and products in the territory of Malta where in transit or at destination, the Veterinary Services have information leading it to suspect an infringement;

(b) furthermore, where the animals referred to in regulation 1 and originating in a Member State are intended -

(i) for an approved market or assembly centre as defined by European Community rules, the operator thereof shall be responsible for the admission of animals not meeting the requirements of animal health and public health Member States legislation corresponding to regulation 3(1) concerning conditions to be followed by animals and products to be the subject of trade. The Veterinary Services must check, by means of non-discriminatory inspections of the certificates or documents accompanying the animals, that the animals meet the said requirements;

(ii) for a slaughterhouse placed under the supervision of an official veterinarian, the latter must ensure, in particular on the basis of the certificate or accompanying document, that only animals that meet the requirements of animal health and public health Member States’ legislation corresponding to regulation 3(1) are slaughtered. The operator of the slaughterhouse shall be responsible for slaughtering animals which do not meet the requirements of animal health and public health Member States legislation corresponding to regulation 3(1)(c) and (d) concerning the identification and registration of animals and products and the accompanying [

certificates or documents;

(iii) for a registered dealer who divides up the consignments or for any establishment not subject to permanent supervision, such dealer or establishment shall be regarded by the Veterinary Services as the consignee of the animals and the conditions laid down in the second subparagraph shall apply;

(iv) for holdings, centres or organisations including, where the consignment is partly unloaded during transport, each animal or group of animals must be accompanied, in accordance with regulation 3, by the original of the health certificate or accompanying document until it reaches the consignee mentioned therein.

The consignees referred to in paragraph (b)(iii) and (iv) must, before the consignment is divided up or subsequently marketed, check that the identification marks, certificates or documents referred to in article 3(1)(c) and (d) of European Union Council Directive 90/425/EEC, notify the Veterinary Services of any irregularity or anomaly and, in the latter case, isolate the animals in question until the competent authority has taken a decision regarding them.

The guarantees which must be furnished by the consignees referred to in paragraph (b)(iii) and (iv) above shall be specified in an agreement with the Veterinary Services to be signed at the time of the prior registration provided for in regulation 13. The Veterinary Services shall carry out random checks to verify compliance with those guarantees. This paragraph shall apply mutatis mutandis to consignees of the products referred to in regulation 1.

(2) All the consignees appearing on the certificate or document provided for in regulation 3(1)(d) -

(a) must, at the request of the Veterinary Services and to the extent necessary to carry out the checks referred to in subregulation (1), report in advance the arrival of animals and products from Member States and, in particular, the nature of the consignment and the anticipated arrival date. However, the time limit for notification shall as a general rule not be more than one day; nevertheless, in exceptional circumstances, Veterinary Services may require two days’ advance notification. This notification is not required for registered horses bearing an identification document provided for by European Union Council Directive 90/427/EEC;

(b) shall keep for a period of not less than six months, to be specified by the Veterinary Services, the health certificates or documents referred to in regulation 3, for presentation to the competent authority should the latter so request.

(3) The detailed rules for implementing this regulation shall be adopted in accordance with requirements of the European Community and according to the procedure laid down in article 15 of the Veterinary Services Act.