S.L. 437.39 Art. 8Procedure by the VeterinaryServices for the measures taken by the authorities of the Member States of dispatch. Cap. 437.

(1) In the cases provided for in regulation 7, the Veterinary Services shall contact the competent authorities of the Member

State of dispatch without delay. These will then notify the

Veterinary Services about the necessary measures 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 remeding the situation; if appropriate this may involve an on-the-spot inspection.

Where the checks provided for in regulation 7 show repeated irregularities, the Veterinary Services shall inform the European Commission and the veterinary departments of the other Member States. The European Commission, at the request of the Veterinary Services of Malta or on its own initiative, and taking into account the nature of the infringements established, may -

(a) send a mission of inspection to the establishment concerned; or

(b) instruct an official veterinarian, whose name shall be on a list to be prepared by the European Commission at the suggestion of the Member States, and who is acceptable to the various parties concerned, to check the facts in the establishment concerned;

(c) request the competent authority to intensify its sampling of the products of the establishment concerned. It shall inform the Member States of its findings. Where these measures are taken to deal with repeated irregularities on the part of an establishment, the European Commission shall charge any expenses occasioned by the application of paragraphs (a), (b) and (c) to the establishment involved. Pending the different findings, the Veterinary Services may, for their part, intensify checks on products coming from the same establishment and if there are serious animal health or public health grounds, suspend approval. At the request of one of the two Member States concerned -where the irregularities are confirmed by the expert’s opinion, the European Commission must, in accordance with European Community rules, take the appropriate measures, which may go as far as authorising the Member States to prohibit provisionally the bringing into their territory of products coming from that establishment. These measures must be confirmed or reviewed as soon as possible in accordance with the appropriate European Commission procedure.

(2) 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 except in case covered by the subregulation (4).

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 agree, 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. The parties shall abide by the expert’s opinion, with due regard for European Community veterinary legislation.

(3) The costs of returning the consignment, storing the goods, putting them to other uses or destroying them shall be borne by the consignee.

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