S.L. 437.38 Art. 8Check carried out at the place of destination of a consignment or during transport. Cap. 437.

(1) If, during a check carried out at the place of destination of a consignment or during transport, the Veterinary Services establish -

(a) the presence of agents responsible for a disease referred to in European Union Council Directive 82/ 894/EEC, as last amended by European Union [

Commission Decision 90/134/EEC and in the Second Schedule to the Veterinary Services Act, a zoonosis or disease, or any cause likely to constitute a serious hazard to animals or humans, or that the products come from a region contaminated by an epizootic disease, they shall order that the animal or consignment of animals be put in quarantine at the nearest quarantine station or slaughtered and, or destroyed. Costs relating to the measures provided for in the first paragraph shall be borne by the consignor or his representative or the person responsible for the products or animals. The Veterinary Services shall immediately notify the competent authorities of the other Member States and the European Commission in writing, by the most appropriate means, of the findings arrived at, the decisions taken and the reasons for such decisions. The protective measures provided for in regulation 11 may be applied;

(b) that, without prejudice to paragraph (a), the animals and products which do not meet the conditions laid down by European Community legislation or, in case of guarantees obtained pursuant to article 9 of European Union Council Directive 64/432/EEC or equivalent Community rules which have been or will be adopted, by national animal health rules, they may, provided that public or animal health considerations so permit, give the consignor or his representative the choice of -- maintenance of the animals and products under supervision until compliance with rules is confirmed where residues are present, and, in the event of failure to comply with those rules, application of the measures provided for by European Community legislation, - slaughtering of the animals or the destruction of the products, return of the animal or consignment, with the authorisation of the competent authority of the Member State of dispatch and prior notification of the Member State(s) of transit. However, if the certificate or documents are found to contain irregularities, the owner or his representative must be granted a period of grace before recourse is had to this last possibility.

(2) In accordance with European Community rules and the procedure laid down in article 15 of the Veterinary Services Act, the list of the diseases referred to in sub-regulation (1) drawn up by the European Commission may be published and detailed rules for the application of this regulation may 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.