S.L. 437.41 Art. 23Inspections and checks which may be ordered or carried out by the European Commission. Cap. 437. animal health legislation) with by the to carry out and systematic consignments carrying out out routine processing the analyses on taken authorised in particular ANIMO), the treatment the products docum

(1) The Commission may, at the request of the competent authority of the Member State of destination or on its own initiative, and taking account of the type of infringements complained of -

(a) send an inspection team to the Member State in question in conjunction with the competent national authorities;

(b) request the competent authority to step up the checks carried out at the border inspection post, customs warehouse, free zone or free warehouse in question.

Pending the Commission's findings, the Member State implicated must, at the request of the Member State of destination, step up checks at the border inspection post, customs warehouse, free zone or free warehouse concerned. The Member State of destination may, for its part, intensify checks on products coming from these sources. At the request of one of the two Member States concerned, where the irregularities are confirmed by the inspection referred to in the first indent of the fifth subparagraph, the Veterinary Services must, in accordance with European Community rules, take the appropriate measures. Those measures must be confirmed or reviewed as soon as possible in accordance with the same procedure. The Veterinary Services shall take all the necessary measures and inform the competent authority of the Member State of the nature of the checks made, the decisions taken and the reasons for such decisions. If the competent authority of the Member State believes the measures are insufficient, it may examine, with the Veterinary Services, the possible ways and means of remedying the situation, where necessary by visiting the border inspection post, or the customs warehouse, free zone or free warehouse situated in the territory of Malta.

(2) 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.

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SCHEDULE I Approved requirements for border inspection posts

In order to obtain approval, border inspection posts must have: A. The staff necessary to check the documents (public health and certificates or any other document laid down by veterinary accompanying the products,

B. Sufficient numbers, in relation to the quantity of products dealt border inspection post, of veterinary and auxiliary staff specially trained checks that products correspond to the accompanying documents physical checks of each product consignment, C. Sufficient staff to take and process random samples of product presented at a given border inspection post, D. Sufficiently large premises available to the staff responsible for veterinary checks, E. Appropriate hygienic premises and facilities for carrying analyses and taking samples in accordance with these regulations, F. Appropriate hygienic premises and facilities for taking and samples for the routine checks laid down in veterinary rules (microbiological standards), G. The services of a specialised laboratory able to carry out special the samples taken at that post, H. Premises and cold stores for the storage of part of the consignments for analysis and products whose release for free circulation has not been by the veterinary officer responsible for the border inspection post,

I. Appropriate equipment for the rapid exchange of information, with other border inspection posts (through the computerised system J. The services of an establishment qualified to carry out provided for in European Union Council Directive 90/667/EEC.

SCHEDULE II

Physical check of the products The aim of the physical check of the animal products is to ensure that still meet the purpose mentioned on the veterinary certificate or guarantees of origin certified by the third country must accordingly be ensuring that the subsequent transport of the product has not altered guaranteed condition, by means of -

(a) sensory examinations - smell, colour, consistency, taste;

(b) simple physical or chemical tests - cutting, thawing, cooking;

(c) laboratory tests to detect - residues, pathogens, contaminants, of alteration. Whatever the type of product, the following must be carried out:

(i) a check on the conditions and means of transport particular any shortcomings or breaks in the cold chain;

(ii) the real weight of the consignment and that indicated on the veterinary certificate or document must be compared, and the whole consignment weighed where necessary;

(iii) the wrapping materials and all markings (stamps, lavels) thereon must be checked to ensure their conformity with veterinary legislation;

(iv) the temperature required by veterinary legislation must be checked to ensure compliance during transport; entire set of packages, or samples in the case of bulk products must be examined before undergoing sensory examination and physical, chemical and laboratory tests. The tests must be carried out on a whole range of samples drawn from the entire consignment, which may be partially unloaded where necessary to ensure that all parts of it are reached. The examination must cover 1% of the items or packages in a consignment, from a minimum of two items/packages to a maximum of ten. However, depending on the products and the circumstances, the Veterinary Services may insist on more extensive checks. In the case of bulk goods, at least five samples must be taken from various parts of the consignment;

(vi) where random laboratory tests are undertaken which cannot provide immediate results, and there is no immediate danger to public or animal health, the consignment may be released. However, where the laboratory tests have been carried out because of a suspicion of irregularity or previous tests have given positive results, the consignments may not be released until the test results are negative;

(vii) the means of transport must be fully unloaded only in the following cases: - loading was done in such a way as to make access to the entire consignment impossible by partial unloading alone, - sample checks have revealed irregularities, - the previous consignment has shown irregularities, - the official veterinarian suspects irregularities;

(viii) once the physical check has been completed, the competent authority must certify the check by closing and officially stamping all the opened packages and by resealing all the containers, the number of the seal being then entered on the border transit document.