S.L. 437.41 Art. 12Rules on operators who directly supply cross- border means of sea transport. Cap. 437.

(1) Operators who directly supply cross-border means of sea transport with products referred to regulation 11(4) for the purposes of consumption by staff and passengers must, in addition to meeting the requirements of regulation 11(1), (2), (4)(a) and (b),

(5), (6), (7) and (9) -

(a) be authorised beforehand by the Veterinary Services as operators;

(b) acquire supplies of products which cannot be processed unless the raw material complies with veterinary requirements;

(c) possess closed premises whose entry and exit points are under permanent control of the person responsible. Where a warehouse is located in a free zone, the requirements of regulation 11(4)(b), shall apply;

(d) undertake not to release the products referred to in regulation 11(4) for consumption on one of the territories of the European Community;

(e) notify the Veterinary Services as soon as possible of the arrival of the products at a warehouse as referred to in paragraph (c).

(2) The operators referred to in subregulation (1) must -

(a) carry out deliveries directly on board the means of sea transport or to a specially approved warehouse in the port of destination, provided that measures are taken to ensure that the products concerned under no circumstances leave the port zone for another destination. The transport of products from the warehouse of origin to the port of destination must be carried out under customs supervision in accordance with custom procedure and be accompanied by a veterinary certificate formulated in accordance with the procedure in subregulation (6);

(b) notify in advance the Veterinary Services of the port zone of the Member State from which the products are delivered and the competent authorities of the port of the Member State of destination of the date of dispatch of the products together with details of their place of destination;

(c) provide official proof that the products have reached their final destination;

(d) keep a register of entries and dispatches for at least three years. The register must enable a check to be made on portions of consignments remaining in the warehouse.

(3) Operators should ensure that they do not supply vessels with products not complying with community veterinary requirements except to supply passengers and crew outside the coastal areas of the territory of Malta or other Member States, as defined by national regulations.

(4) The Veterinary Services of the port zone from which the products are supplied shall notify the Veterinary Services and if necessary, the competent authority of the port zone of the Member State of destination not later than the time of dispatch of the products and shall inform them of the place of destination of the products via the ANIMO network.

(5) In the event of failure to comply with the conditions of this regulation, the Veterinary Services must withdraw the authorisation referred to in subregulation (1)(a). It shall inform the Commission and the other Member States of any such withdrawal.

(6) Detailed rules for the application of this regulation, in particular the checking procedures to be carried out on the departure and during the transport and delivery of the products due to be delivered directly on board means of sea transport, including proof that such products have reached their legal destination, shall be adopted in accordance with European Community rules and the procedure laid down in article 16(2) of the Veterinary Services Act.