S.L. 437.41 Art. 10Authorisation of transit of consignmentsfrom third country to another third country. Cap. 437. Cap. 437.

(1) The transit of consignments from a third country to another third country may only be authorised if -

(a) such consignments come from a third country whose products are not prohibited entry on to the territory of

Malta and are intended for another third country. The Veterinary Services may waive this requirement for transhipments carried out in accordance with regulation 9(1)(a) of consignments from one aircraft to another or from one vessel to another within the customs area of the same port or airport for the purpose of re-dispatch without further stop on the territory of the territory of Malta following general criteria to be fixed in accordance with subregulation (4);

(b) such transit has been previously authorised by the official veterinarian of the border inspection post where the consignment first arrives in the territory of Malta;

(c) the person responsible for the load undertakes beforehand to repossess the consignment if the products concerned are rejected and to dispose of it in accordance with regulation 16.

(2) The authorisation referred to in subregulation (1) shall be subject to compliance with the following conditions:

(a) consignments presented for transit at the border inspection post shall be accompanied by the documents referred to in regulation 7(1) together, if necessary, with authenticated translations of such documents;

(b) the consignment of products must be presented at the said border inspection post in order to undergo the documentary check and identity check. Derogation from the documentary and identity checks may be granted by the veterinary authority for sea or air transport where the consignment -

(i) is not unloaded. In this case, and without prejudice to regulation 18, documentary checks will be confined to examination of the on-board manifest,

(ii) is transhipped as described in regulation 9(1)(a) from one aircraft to another or from one vessel to another within the customs area of the same port or airport. In exceptional cases which may present a public health or animal health risk or when irregularities are suspected, additional physical checks must be carried out; [

(c) in the case of passage by road or by waterway through the territories of Member States, such a consignment shall -

(i) be sent under customs supervision, in accordance with the T1 procedure laid down in European Union Regulation No 2913/92/EEC to the point of exit from the European Community, together with the document required under sub-regulation (2)(a) and the certificate referred to in regulation 5(1) certifying the border inspection post where the consignment will leave the European Community;

(ii) be transported, without the products being unloaded or split after leaving the border inspection post of arrival, in vehicles or containers sealed by the authorities. No handling shall be authorised during transport;

(iii) leave the Community via a border inspection post within a maximum of thirty days following departure from the border inspection post of entry, except where a general exemption is granted in accordance with the procedure laid down in subregulation (4) to take account of duly substantiated cases of geographical remoteness;

(d) the official veterinarian who authorises the transport shall inform the official veterinarian of the border inspection post of exit via the ANIMO network;

(e) the official veterinarian at the border inspection post of exit shall declare on the certificate referred to in regulation 5(1) that the consignments concerned have left the territory of Malta and shall send a copy of the document to the Veterinary Services. Should the Veterinary Services not have been informed of the exit of the products from the territory of Malta within the period specified, he shall refer the matter to the competent custom authority, which shall investigate as necessary to determine the actual destination of the products.

(3) All expenditure incurred pursuant to this regulation shall be chargeable to the person responsible for the load or his representative, without indemnification by the State, in accordance with the principles deriving from article 20 of the Veterinary

Services Act.

(4) Detailed rules for the application of this regulation shall be adopted in accordance with the procedure laid down in articles 16(2) and 20 of the Veterinary Services Act and under European Community rules.