S.L. 437.39 Art. 9Checks carried out in a Member State at the place of destination of a consignment or during transport. Cap. 437. Cap. 437.

(1) If, during a check carried out in a Member State at the place of destination of a consignment or during transport, the competent authority establishes -

(a) the presence of agents responsible for a disease referred to 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 coming from the territory of Malta are contaminated by an epizootic disease,

(b) that, without prejudice to paragraph (a), the products do not meet the conditions laid down by corresponding Member State legislation or, where the Member State obtains additional guarantees which have been or will be adopted, by national animal health rules, the Veterinary Services shall take all necessary measures and notify the competent authority of the Member State of the nature of the checks carried out, the decisions taken and the reasons for such decisions. If the competent authority of the Member State of destination fears that such measures are inadequate, the Veterinary Services and the competent authority of the Member State shall together seek ways and means of remedying the situation; if appropriate, this may involve an on-the-spot inspection. At the request of the competent authority of the Member State of destination -

(i) inspectors may be sent, in collaboration with the Veterinary Services;

(ii) or an official veterinarian, who is acceptable to the various parties concerned, may be instructed to check the facts on the spot;

(iii) Veterinary Services may be requested to intensify checks on the holding, the centre, the organisation, the approved market or assembly centre on the territory of Malta. Pending the Member State’s findings, the Veterinary Services must intensify checks on products coming from the establishment in question of the territory of Malta, and if there are serious public or animal health grounds, suspend its approval.

(2) In the event of a dispute, the Veterinary Services may, if the competent authority of the Member State of destination 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 analyses. The Veterinary Services shall abide by the expert’s opinion, with due regard for corresponding 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 the procedure laid down in article 15(4) of the Veterinary Services Act.

CHAPTER III

COMMON PROVISIONS