S.L. 437.41 Art. 11Rules applicable to consignments coming from a third country and intended for a free zone, a free warehouse or a customs warehouse. Cap. 437. Cap. 437.

(1) Consignments coming from a third country and intended for a free zone, a free warehouse or a customs warehouse may, in accordance with customs rules, be admitted by the

Veterinary Services only if the person responsible for the load has declared beforehand that the products concerned are destined ultimately for release into free circulation on the territory of Malta or on the territory of a Member State or if there is some other end-use to be specified, and whether or not the products comply with the import conditions. In the absence of a clear indication of their end-use, products must be considered as intended for release into free circulation on the territory of Malta or on the territory of a Member State.

(2) Such consignments shall undergo, at the border inspection post of introduction, a documentary, identity and physical check in order to determine whether or not the products comply with the said import conditions. A physical check shall however not be required - except on suspicion of an animal health or public health risk - should it appear from the documentary check that the products do not meet veterinary requirements. Such consignments shall be accompanied by the documents referred to in regulation 7(1). If necessary, authenticated translations of such documents shall be attached.

(3) If, following the checks referred to in subregulation (2), it is found that veterinary requirements have been met, the official veterinarian of the border inspection post shall issue the certificate referred to in regulation 5(1) in conjunction with the customs documents. The veterinary and customs authorities of the border inspection post shall authorise entry to a warehouse in a free zone, to a free warehouse or to a customs warehouse. Such products shall from a veterinary point of view be declared fit for subsequent release into free circulation.

(4) If, following the checks referred to in subregulation (2), it is found that the products concerned do not meet European Community veterinary requirements the official veterinarian of the border inspection post shall issue the certificate referred to in regulation 5(1) in conjunction with the official customs documents. The customs and veterinary authorities of the border inspection post may in such cases only authorise entry to a warehouse in a free zone, to a free warehouse or to a customs warehouse if, without prejudice to regulation 15, the following requirements are met:

(a) products must not come from a third country subject to a prohibition as laid down in regulation 10(1)(a), first sentence;

(b) warehouses in free zones and free warehouses or customs warehouses must be approved by the Veterinary Services for the storage of the products. In order to be approved, they must meet the following requirements: [

(i) they must consist of a closed space with entry and exit points subject to permanent control by the management of the warehouse. If a warehouse is located in a free zone, the entire zone must be closed and placed under permanent customs control;

(ii) they must meet the conditions of approval laid down in veterinary legislation as regards warehouses storing the product(s) concerned;

(iii) they must have arrangements for the daily logging of all consignments entering or leaving the warehouse, with details of the nature and quantity of the products per consignment and the name and address of the recipient. Such records must be kept for at least three years;

(iv) they must possess storage and, or refrigeration rooms allowing for separate storage of products which do not comply with veterinary legislation. The Veterinary Services may, however, in the case of existing warehouses, authorise separate storage of such products on the same premises when products not complying with veterinary standards are stored in lockable enclosures;

(v) they must have available premises reserved for the staff carrying out the veterinary checks. If the checks referred to in subregulation (2) show that the person responsible for the load has made a false declaration pursuant to subregulation (1), he shall be obliged to dispose of the goods in accordance with regulation 16.

(5) The Veterinary Services shall take all necessary steps -

(a) to ensure that the conditions for approval of warehouses are maintained;

(b) to prevent products which do not comply with veterinary requirements from being stored in the same rooms or enclosures as those which do so comply;

(c) to ensure an effective check on entries and exits from the warehouse and, during the hours of access, to ensure supervision by the veterinary authority. They must in particular ensure that products not meeting Veterinary requirements cannot leave the rooms or units where they are stored without the agreement of the Veterinary Services;

(d) to carry out all checks necessary to avoid any alteration, substitution of products stored in the warehouse or any change of packaging, market preparation or processing.

(6) Veterinary Services may, on grounds of animal or public health, refuse entry to a customs warehouse, free warehouse or free zone to products if they do not meet the conditions laid down in veterinary legislation.

(7) Consignments must not enter a free zone, free warehouse or customs warehouse unless protected by customs seals.

(8) The consignments referred to in sub-regulation (4) may only leave a free zone, a free warehouse or a customs warehouse, in order to be dispatched to a third country or to a warehouse as referred to in regulation 12, or to be destroyed, provided that -

(a) despatch to a third country is in accordance with the requirements of regulation 10(1)(c) and (2)(a), (c), (d) and (e);

(b) transfer to a warehouse as referred to in regulation 12 is carried out under cover of customs control form, with the name and location of the warehouse mentioned in the accompanying certificate provided for in that regulation;

(c) transport to a place of destruction takes place after the products concerned have been denatured. The consignments in question shall subsequently be forwarded under such conditions as to ensure that transport is carried out, without the goods being unloaded, under the supervision of the Veterinary Services in leak-proof vehicles or containers sealed by the Veterinary Services. Such consignments may not be transferred between the warehouses referred to in this regulation.

(9) All expenditure incurred pursuant to this regulation, including the costs of inspection and checks required thereby, 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.

(10) Veterinary Services shall submit to the Commission the list of -

(a) free zones, free warehouses and customs warehouses as referred to in subregulation (4);

(b) operators as referred to in regulation 12.

(11) In the event of failure to comply with the conditions set out in subregulations (1) to (10) and insofar as those conditions apply to the warehouse, the Veterinary Services shall suspend or withdraw its approval as referred to in subregulation (4)(b). It shall inform the European Commission and the other Member States of any such withdrawal. Where irregularities, either deliberate or due to serious negligence, are found, the penalties laid down by the national law shall be applied to the person responsible for the transport of the consignment after it has left the warehouse. [

(12) Detailed rules for the application of this regulation, in particular the checking procedures to be carried out on the arrival and on the departure of consignments to and from such zones or warehouses, the transport of consignments between such zones or such warehouses, the form of storage of the products and the handling allowed, shall be adopted in accordance with European Community rules and the procedure laid down in article 16(2) of the Veterinary Services Act.