S.L. 437.39 Art. 7Rules relating to checks carried out at a place of destination of a consignment or during transport. Cap. 437. Cap. 437. 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 named 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 an area infected by an epizootic disease, they shall, except as regards animal-health aspects, in the case of products subject to one of the treatments referred to in article 4 of European Union Council Directive 80/215/EEC (as last amended by European Union Council Directive 88/660/EEC), order the batch to be destroyed or used in any other way laid down by Maltese rules. Costs relating to the destruction of the batch shall be borne by the consignor or his representative. The Veterinary Services shall immediately notify the competent authorities of the other Member States and the European Commission by telex of the findings arrived at, the decisions taken and the reasons for such decisions. The protective measures provided for in article 15(5) of the Veterinary Services Act may be applied;

(b) that the goods do not meet the conditions laid down by corresponding animal health and public health legislation of Member States, or, in the absence of decisions on standards, by Maltese national standards, they may, provided that health and animal health considerations so permit, give the consignor or his representative the choice of -

(i) destroying the goods; or

(ii) using the goods for other purposes, including returning them with the authorisation of the competent authority of the country of the establishment of origin;

(iii) however, if the certificate or the documents are found to contain irregularities, the consignor must be granted a period of grace before recourse is had to this last possibility.

(2) In accordance with the procedure laid down in article 15 of the Veterinary Services Act, it may be drawn up a list may be drawn up of the agents and diseases referred to in subregulation (1), and detailed rules for the application of this regulation.