S.L. 437.41 Art. 9Identity and physical check of consignments intendedforimport which arrive at one border inspection post but are intendedforimport via another border inspection post. Cap. 437.

(1) Consignments intended for import which arrive at one border inspection post but are intended for import via another border inspection post situated in the territory of Malta, or situated in the territory of a Member State, shall be subject to an identity check and a physical check at the border inspection post of destination, provided that the transport takes place by sea or air.

The following procedures shall be carried out in the border inspection post of introduction:

(a) if the consignment is transhipped from one aircraft to another or from one vessel to another within the customs area of the same port or airport either directly or after being unloaded on the quayside or the tarmac for a period shorter than the minimum period referred to in paragraph (b), the competent authority shall be informed by the person responsible for the load. It may, exceptionally if there is a risk to animal or public health, carry out a documentary check of the products on the basis of the certificate or veterinary document of origin or any other original document accompanying the consignment concerned or an authenticated copy thereof;

(b) if the consignment is otherwise unloaded, it must -

(i) be stored for a maximum and minimum period and under conditions to be determined according to the procedure laid down in subregulation (2), under the supervision of the competent authority, in the customs area of the port or airport pending forwarding to another border inspection post by sea or air;

(ii) be subjected to a documentary check of the products in relation to the documents referred to in paragraph (a);

(iii) without prejudice to regulation 18, be subjected exceptionally to an identity check and a physical check if there is any possibility of danger to public or animal health.

(2) Detailed rules for the application of this regulation shall be adopted in accordance with the procedure laid down in article 16(2) of the Veterinary Services Act and under European Community rules.