S.L. 437.41 Art. 14Re-importation of a consignment originating from Malta or a Member State which was refused by a third country. Cap. 437.

(1) The re-importation of a consignment of products originating from Malta or a Member State which was refused by a third country, shall be authorised if -

(a) the products are accompanied -

(i) either by the original certificate or a copy authenticated by the competent authority which issued the certificate accompanying the products, together with details of the reasons for refusal and a guarantee that the conditions governing the storage and transport of products have been observed, stating that the products concerned have not undergone any handling;

(ii) in the case of sealed containers, by a certificate from the carrier stating that the content has not [

been handled or unloaded;

(b) the products in question undergo a documentary and identity check and, in the cases provided for in regulation 18, a physical check;

(c) the consignment is directly returned, under the conditions provided for in regulation 8(4) to the establishment of origin in the territory of Malta or in another Member State where the certificate was issued and that in this latter case it has been previously authorised by the official veterinarian of the border inspection post where the consignment first arrives on behalf of all Member States through which the consignment will transit.

(2) Veterinary Services cannot oppose the reintroduction of a consignment of products originating from the territory of Malta or from another Member State, refused by a third country if the competent authority which issued the original certificate has agreed to take back the consignment and the conditions laid down in sub-regulation (1)(b) have been met.

(3) In the circumstances envisaged in subregulations (1) and (2), the products in question shall be forwarded under such conditions as to ensure that transport is carried out as far as the establishment of origin in accordance with the procedure laid down in regulation 8(4) in leak-proof means of transport, identified and sealed by the Veterinary Services so that the seals will be broken whenever the container is opened.

(4) The official veterinarian who authorises the transport shall inform the competent authority of the place of destination via the ANIMO network.

(5) 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 1 of European Union Council Directive 85/73/EEC.

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