S.L. 437.42 Art. 8Specified risk material. Cap. 437. Cap. 437. Cap. 437. Cap. 437. Cap. 437. Cap. 437.

(1) The specified risk material shall be removed and destroyed in accordance with points 2, 3, 4 and 8 of Schedule V. That specified risk material or the material processed therefrom may be placed on the market or, if need be, exported only for final destruction in accordance with points 3 and 4 or as appropriate 7(c) or 8 of Schedule V. It may not be imported into the territory of Malta. Transit of specified risk material through the European Community territory must take place in accordance with the requirements of article 3 of European Union Council Directive 91/ 496/EEC.

(2) Subregulation (1) shall not apply to tissues from animals which have undergone an alternative test approved for that distinct purpose in accordance with rules found under the Veterinary Services Act and the procedure referred to in regulation 24(2) and listed in Schedule X, Chapter C, point 5, and applied under the conditions listed in point 5 of Schedule V and where the results of the test were negative. When the Veterinary Services will authorise that alternative test, they must inform the other Member States and the European Commission.

(3) In Member States, or regions thereof, which are placed in categories 2, 3, 4 and 5 referred to in Schedule II, Chapter C, the laceration, after stunning, of the central nervous tissue by means of an elongated rod-shaped instrument introduced into the cranial cavity shall not be used on bovine, ovine or caprine animals whose meat is destined for human or animal consumption.

(4) The data relating to age set out in Schedule V shall be adjusted regularly. Such adjustments shall be based on the latest proven scientific findings concerning the statistical probability of the occurrence of a TSE in the relevant age groups of the European Community's bovine, ovine and caprine population.

(5) With regard to the date of effective enforcement of regulation 7(1) or, as appropriate, in the third countries, the date of banning the use of mammalian protein in feed for ruminants in each country or region placed in category 3 or 4, in order to limit the application of this regulation to animals born before that date in those countries or regions, derogation from paragraph 1 to 4, may be adopted -

(a) concerning the territory of Malta, in accordance with the procedure referred to in article 11 of the Veterinary Services Act;

(b) concerning third countries in accordance with the procedure referred to in article 12 of the Veterinary

Services Act. Similarly, by way of derogation from subregulation (1) to (4), after consultation of the appropriate scientific committee and on the basis of an assessment of the incident, propagation and human exposure risk, a decision may be adopted in accordance with the procedure referred to in regulation 24(2) and the relevant rules found under the Veterinary Services Act to allow the use for food, feed and fertilisers of vertebral column and dorsal root ganglia from bovine animals in or coming from each country or region thereof placed in category 5.

(6) Rules for the implementation of this regulation shall be adopted in accordance with the procedure referred to in regulation 24(2) and -

(a) where the rules concern the territory of Malta, in accordance with the procedure referred to in article 11 of the Veterinary Services Act,

(b) concerning third countries in accordance with the procedure referred to in article 12 of the Veterinary Services Act.