S.L. 437.41 Art. 8Documentary, identity and physical checks on consignment of products. Cap. 437.

(1) Where -

(a) products subject to specific requirements in the framework of Community veterinary legislation or are intended for a Member State or an area having obtained specific requirements in the framework of its veterinary legislation,

(b) samples have been taken but the results are not known when the means of transport leaves the border inspection post,

(c) imports authorised for specific purposes are involved, in the cases provided for by veterinary legislation, additional information must be communicated to the competent authority of the place of destination by means of the ANIMO network.

(2) Each consignment of products referred to in subregulation (1)(a) and (c) and destined for a Member State shall undergo the documentary, identity and physical checks laid down in regulation 4(3) and (4) at the border inspection post situated in the territory of Malta, to verify in particular whether the products concerned comply with the veterinary rules applicable to the Member State or area of destination. However, furred wild game imported unskinned shall undergo an identity or physical check, apart from the health check and residue search provided for in European Union Council Directive 96/23/EC, which should be carried out in accordance with European Union Council Directive 92/45/EEC in the establishment of destination where the meat must be delivered under customs supervision in accordance with subregulation (4)(a) and in conjunction with the certificate referred to in regulation 5(1).

The results of the checks should be forwarded to the veterinary authority responsible for the border inspection post at which the products entered. Depending on the outcome, the measures laid down in regulation 21 shall if necessary be implemented.

(3) The Veterinary Services shall ensure that, in the case of products referred to in subregulation (1)(a) and (c) and introduced into a border inspection post situated in the territory of Malta, all measures shall be taken to ensure that the consignment involved reaches the intended Member State of destination.

(4) Products which are to be monitored pursuant to veterinary legislation from the border inspection post of arrival to the establishment at the place of destination shall be forwarded under the following conditions:

(a) the consignments in question shall be dispatched from the border inspection post of arrival to the establishment at the place of destination under the supervision of the Veterinary Services in leak-proof vehicles or containers sealed by the Veterinary Services. The products referred to in subregulation (1)(c) shall remain under customs supervision until they reach the place of destination in accordance with custom procedure, in conjunction with the certificate provided for in regulation 5(1) stipulating the authorised destination and if appropriate citing the type of processing intended,

(b) the official veterinarian at the border inspection post concerned shall inform the central veterinary authority in charge of the establishment at the place of destination - of the consignment of the place of origin and the place of destination of the product via the ANIMO network,

(c) the products shall undergo, in the establishment at the place of destination, the treatment defined in the relevant veterinary legislation,

(d) the official veterinarian at the place of destination or, in the cases provided for in Chapter 10 of Annex I to European Union Council Directive 92/118/EEC, the official veterinarian responsible for an intermediate warehouse, shall be informed by the management of the establishment of destination or of the intermediate warehouse of the arrival of the product at its destination, and shall within fifteen days notify the official veterinarian at the border inspection post who notified him of the shipment. He shall carry out regular checks to ensure that the products have arrived at the establishment of destination, in particular by checking the entry records.

(5) If proof is given to the Veterinary Services of the border inspection post of entry, without prejudice to the provisions of regulation 18, that the products declared as being intended for an approved establishment never arrived at their destination, the veterinary authority shall take appropriate measures vis-à-vis the person responsible for the load.

(6) The European Commission shall publish the list of approved establishments in the territory of Malta as referred to in subregulation (4) for the products concerned in accordance with the relevant veterinary legislation.

Where an establishment fails to comply with the notification requirements, the approval may be withdrawn and [

necessary penalties shall be imposed in keeping with the nature of the risk incurred. The Veterinary Services shall publish the list of approved establishments and shall arrange for its updating and communication to the Member States and to the European Commission.

(7) Detailed rules for the application of this regulation, drawn up after consultation with the customs authorities, shall be adopted in accordance with the procedure laid down in article 16(2) of the Veterinary Services Act and under European Community rules.