S.L. 437.39 Art. 5Measures which must be implemented by the territory of Malta. Cap. 437. Cap. 437.

(1) The following measures have to be implemented in the territory of Malta:

(a) the Veterinary Services may, at the places of destination of goods, check by means of non-discriminatory veterinary spot-checks that the requirements of regulation 3 to these regulations has been complied with; it may take samples at the same time. Furthermore, where in the territory of Malta, in transit or at destination the Veterinary Services have information leading them to suspect an infringement, checks may also be carried out during the transport of goods in the territory of Malta, including checks on compliance as regards the means of transport;

(b) where the products referred to in regulation 1(3) originating in a Member State are intended -

(i) for an establishment placed under the responsibility of an official veterinarian, the latter must ensure that only products that meet the requirements of regulation 3(1) with respect to marking and accompanying documents or, in the case of the products referred to in Schedule B, are accompanied by the document established according to the procedure laid down in article 10 of the Veterinary Services Act, are admitted to that establishment,

(ii) for an approved intermediary who divides up the batches or for a commercial undertaking with many branches, or any establishment not subject to permanent supervision, the latter must check, before the batch is divided up or marketed, that the said marks, certificate, or documents referred to in the first sub-paragraph are present and notify the Veterinary Services of any irregularity or anomaly,

(iii) for other consignees, particularly where the batch is partially unloaded during transport, the batch must be accompanied, in accordance with regulation 3(1), by the original of the certificate referred to in the first sub-paragraph.

The guarantees which must be furnished by the consignees referred to in the second and third sub-paragraphs shall be specified in an agreement with the Veterinary Services to be signed at the time of the prior registration provided for in subregulation (3). The Veterinary Services shall carry out random checks to verify compliance with those guarantees.

(2) Without prejudice to regulation 4, where the standards laid down by veterinary rules have not been set and in the case provided for in regulation 13, the Veterinary Services may require, with due regard for the general provisions of the Treaty, that the establishment of origin must apply the standards in force under the Malta national rules. The Veterinary Services shall ensure that the product in question complies with those requirements.

(3) Operators who have products delivered to them from a Member State or who completely divide up a batch of such products -

(a) shall be subject, if so requested by the Veterinary Services, to prior registration;

(b) shall keep a register in which such deliveries are recorded;

(c) must, if so requested by the Veterinary Services, report the arrival of products from a Member State, to the extent necessary to carry out the checks referred to in subregulation (1);

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

(4) The detailed rules for implementing this regulation shall be adopted in accordance with the procedure laid down in article 15(2) of the Veterinary Services Act.