S.L. 437.38 Art. 9Further provisions to regulation 8. Cap. 437.

(1) In the cases provided for in regulation 8, the Veterinary

Services shall contact the competent authorities of the Member State of dispatch without delay in order to know the necessary measure taken, the nature of the checks carried out, the decisions taken and the reasons for such decisions. If the Veterinary Services fears that such measures are inadequate, they shall, with the competent authority of the Member State of origin seek ways and means of remedying the situation; if appropriate, this may involve an on-the-spot inspection.

Where the checks provided for in regulation 8 show repeated irregularities, the Veterinary Services shall inform the European Commission and the competent authorities of the other Member States. The Veterinary Services of the territory of Malta may, for its part, intensify checks on animals coming from the same holding, centre, organisation, approved market or assembly centre or region. In the context of the first paragraph to this subregulation, and in the case where Malta is the Member State of dispatch the Veterinary Services must apply the measures foreseen for the Member State of dispatch.

(2) Except in cases provided for in subregulation (4), rights of appeal existing 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 consignor or his representative and to the competent authority of the Member State of dispatch. If the consignor or his representative so requests, the said decisions and reasons shall be forwarded to him in writing with details of the rights of appeal which are available to him under the law in force in the territory of Malta and of the procedure and time limits applicable. However, in the event of a dispute, the Veterinary Services may, if the competent authority of the Member State of origin so agrees, within a maximum period of one month, submit the dispute for the assessment of an expert whose name appears on a list of European Community experts. Such experts shall issue their opinions within not more than seventy-two hours or after receiving the results of any analysis. The Veterinary Services shall abide by the expert’s opinion, with due regard for European Community veterinary legislation.

(3) The costs of returning the consignment, holding or isolating the animals or, if appropriate, slaughtering or destroying them shall be borne by the consignor, his representative or the person [

responsible for the animals or products.

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