S.L. 437.41 Art. 16Rules on consignments which have been introduced into the territory of Malta without being presented for veterinary checks. Cap. 437. Cap. 437.

(1) Consignments which have been introduced into the territory of Malta without being presented for veterinary checks in accordance with the requirements of regulations 3 and 4 shall be seized and the Veterinary Services shall decide either to destroy them in accordance with subregulation (2)(b) or to re-dispatch them in accordance with subregulation (2)(a).

(2) Where the checks referred to in these regulations show the Veterinary Services that the product does not satisfy the import conditions, or where such checks reveal an irregularity, the Veterinary Services, in consultation with the person responsible for the load or his representative, shall decide -

(a) either to re-dispatch the product outside the territories of Member States from the same border inspection post to a destination agreed with the person responsible for the load, using the same means of transport, within a maximum time limit of sixty days, where this is not precluded by the results of the veterinary inspection and health requirements. In this case, the official veterinarian of the border inspection post must -

(i) activate the information procedure provided for in regulation 4(2),

(ii) under arrangements to be defined in accordance with the procedure referred to in subregulation (6), invalidate the veterinary certificates or documents accompanying the rejected products so that it is not possible to reintroduce the rejected products via another border inspection post;

(b) or, if re-dispatch is impossible or the sixty-day time limit referred to in paragraph (a) has elapsed or the person responsible for the load gives his immediate agreement, destroy the products in the facilities provided for that purpose nearest to the border inspection post in accordance with European Union Council Directive 90/667/EEC. Pending re-dispatch of the products referred to in this paragraph or confirmation of the reasons for rejection, the Veterinary Services shall store the products in question under the supervision of the Veterinary Services at the expense of the person responsible for the load.

(3) The provisions of regulations 20 and 21 shall apply where the checks referred to in subregulations (1) and (2) reveal that a serious infringement or repeated infringements of veterinary legislation has or have been committed.

(4) Subregulation (2) shall not apply where an authorisation has been given by the Veterinary Services in order to permit the use of products in accordance with European Union Council Directive 90/667/EEC, provided that there is no risk to public or animal health.

(5) The person responsible for the load or his representative shall be liable for the costs incurred in the process of re-dispatching or destroying the consignment or using the product for other purposes. Furthermore, where an irregularity has been found to be the result of serious negligence or a deliberate infringement, the State must impose the penalties provided for in Part IX of the Veterinary Services Act on the person responsible for the load.

(6) Detailed rules for the application of subregulations (1) to (3), particularly the standardisation of the assessment criteria for deciding on refusal, seizure or destruction, shall be adopted in accordance with European Community rules and the procedure laid down in article 16(2) of the Veterinary Services Act.