S.L. 437.41 Art. 6Border inspection posts. Cap. 437. Cap. 437.

(1) Border inspection posts must -

(a) be located in the immediate vicinity of the point of entry into one of the territories of Malta, and in an area which is designated in consultation with the customs authorities;

(b) be placed under the authority of an official veterinarian, who shall be effectively responsible for the checks. The official veterinarian may be assisted by specially trained auxiliary staff. He shall ensure that all updating of the data referred to in regulation 4(2) is carried out.

(2) In accordance with the procedure laid down in article 16(6) of the Veterinary Services Act and under European Community rules, the list of border inspection posts in force is drawn up and may subsequently be amended or supplemented -

(a) by the recording of any new border inspection posts -

(i) proposed by the Veterinary Services, once they have checked that it complies with the requirements of Schedule I and of European Union Commission Decision 2000/812/EC laying down requirements for the approval of border inspection posts responsible for veterinary checks on products introduced from third countries,

(ii) inspected by the European Commission in collaboration with the Veterinary Services. In their proposal, Veterinary Services must take in due account the remarks of European Commission especially concerning those in relation with the harmonisation of requirements for the approval of border inspection posts in Member States;

(b) by withdrawal of a border inspection post, where it is found not to be complying with the conditions laid down in Schedule I, either during a check carried out by the Veterinary Services or following the remarks of the European Commission mentioned in paragraph (a) or in cases where the inspections have resulted in a serious public or animal health risk.

(3) Veterinary Services must, in serious cases, particularly on public or animal health grounds, suspend approval of a border inspection post situated in the territory of Malta. It shall inform the European Commission and the Member States of such suspension and of its reasons. The border inspection post may be restored to the list only in accordance with subregulation (2)(a).

(4) The European Commission shall draw up and publish a list of approved border inspection posts, including cases where approval has been temporarily suspended.

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