S.L. 437.41 Art. 22Non-complianceof regulations at border-inspection posts, customs warehouse, free zone or free warehouse by Member States on marketed products. Cap. 437.

(1) Where, on the basis of the checks carried out at the point where the products are marketed, Veterinary Services considers that these regulations is not being complied with at a border inspection post, or in a customs warehouse, free zone or free warehouse referred to in regulation 11, of a Member State, they shall contact the competent central authority of that Member State without delay.

Pending the possible Member States’ findings, the Veterinary Services may, for its part, intensify checks on products coming from these sources.

(2) Rights of appeal available under the laws in force in the territory of Malta against decisions by the Veterinary Services shall not be affected by these regulations. Decisions taken by the Veterinary Services and the reasons for such decisions shall be notified to the person responsible for the load concerned by such decisions, or to his representative.

If the person concerned responsible for the load or his representative so requests, the said decisions and reasons shall be forwarded to him in writing, together with details of the rights of appeal available to him, and also the procedure and time-limits applicable.

(3) 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 and if the Commission has signed agreements on reduced frequencies (equivalence agreements).