S.L. 437.58 Art. 8Commission to examine initial plans.

(1) The Commission shall examine the initial plans forwarded pursuant to rule 5(1) to ascertain whether they conform to these rules. The Commission may ask Malta to modify or supplement these plans to make them conform. Once the Commission has established their conformity, it shall submit the plans approval in accordance with the procedure provided for in rule 32. In order to take account of changes in the situation in Malta or in a region thereof, of the results of national surveys or of investigations carried out in the framework of rules 16 and 17, the Commission may, at the request of Malta or on its own initiative, decide, in accordance with the procedure provided for in rule 32, to approve an amendment or addition to a plan previously approved pursuant to sub-rule (2).

(2) Annual amendments to the initial plans communicated by Malta, in particular in the light of the results referred to in rule 4(2)(d), shall be forwarded by the Commission to the other Member States once the Commission has established their conformity with these rules. [

Member States shall have ten working days from receipt of those amendments in which to inform the Commission of any comments. If there are no comments from Member States, the amendments to the plans shall be deemed to be approved. The Commission shall inform the territory of Malta and the other Member States of such approval immediately. Where there are comments from Member States or where the Commission deems the update not to be in conformity or insufficient, the Commission shall submit the updated plans to the Standing Veterinary Committee, which must act under the procedure laid down in Article 33 of Council Directive 96/23/EC of 29 April 1996. The provisions laid down in sub-rule (3) and (4) shall apply to the updated plans.

(3) Every six months, Malta shall inform the Commission and the other Member States within the Standing Veterinary Committee of the implementation of plans approved pursuant to sub-rule (2) or of the development of the situation. Where necessary, sub-rule (4) shall apply. By not later than 31 March each year, Malta shall forward to the Commission the results of their residue and substance detection plans and of their control measures. Malta shall, for the first time by 31 March 2005, forward to the Commission the results of their residue and substance detection plans and of their control measures. The territory of Malta shall make public the outcome of the implementation of the plans. The Commission shall inform Malta and other Member States, within the Standing Veterinary Committee, of developments in the situation in the various regions of the Community.

(4) Each year, or whenever it deems it necessary on public health grounds, the Commission shall report to Malta and other Member States within the Standing Veterinary Committee on the outcome of the checks and surveys referred to in sub-rule (3), in particular on: - the implementation of national plans, - developments in the situation in the various regions of the Community.

(5) The Commission shall send the European Parliament and the Council a communication each year on the results of action taken at regional, national or Community level, in consideration of the report and comments made by Member States on it.

Chapter III - Self-monitoring and co-responsibility on the part of operators