S.L. 437.41 Art. 17List of plant products which maygiverisetothe risk of spreading infectious or contagious animal diseases. Cap. 437. Cap. 437. Cap. 437.

(1) In accordance with European Community rules and the procedure laid down in article 16(2) of the Veterinary Services Act, the Maltese competent authorities shall draw up a list of plant products which, in particular on account of their subsequent destination, may give rise to the risk of spreading infectious or contagious animal diseases and on that account are to be subjected to the veterinary checks laid down by these regulations, and in particular those provided for in regulation 4, in order to verify the origin and planned destination of such plant products. The following shall be adopted in accordance with the same procedure:

(a) the animal health conditions which third countries must comply with and the guarantees which must be offered, in particular the nature of any processing to be required in the light of their animal health situation;

(b) a list of the third countries which, in the light of the guarantees, may be authorised to export to the territory of Malta the plant products referred to in the first paragraph;

(c) any specific inspection procedures, in particular with reference to sampling, which may be applied to these products, especially in the case of imports in bulk.

(2) Fresh fishery products immediately landed from a fishing vessel flying a third-country flag shall, and before they can be imported into the territory of Malta, undergo the veterinary checks laid down in respect of fish immediately landed by fishing vessels flying the flag of the territory of Malta or a Member State. [

However, by way of derogation from regulation 3(2) the Veterinary Services may, as under European Community rules and according to the procedure provided for in article 16(2) of the Veterinary Services Act, be authorised to carry out the checks laid down by these regulations in the case of frozen and deep-frozen tuna that has been landed directly without having been beheaded or gutted from a vessel belonging to joint enterprises registered in accordance with the relevant veterinary provisions, provided that -

(a) such checks are carried out by the Veterinary Services of the nearest border inspection post in the industry of destination approved for the processing of those products,

(b) the processing industry is located in the territory of Malta,

(c) the products are transferred under customs control, in accordance with the procedure laid down in the first indent of regulation 8(4), from the point of landing to the industry of destination.

(3) In accordance with European Community rules and the procedure laid down in article 16(2) of the Veterinary Services Act, derogation may be granted from the provisions of regulation 6(1)(b) and, as regards the staff responsible for carrying out the checks and for issuing certificates, from those of regulation 4(1) and regulation 5(1) for border inspection posts where fish are presented in accordance with European Union Council Directive 91/493/EEC.