S.L. 439.10 Art. 5Requirements and duties of a transporter. Cap. 439.

(1) In the territory of Malta any transporter -

(a) must be -

(i) registered in a manner enabling the Veterinary Services to identify the person rapidly in the event of failure to comply with the requirements of these regulations;

(ii) covered by an authorisation valid for all transport of vertebrate animals carried out in territory of Malta or one of the territories of trading partners, granted by the Veterinary Services of Malta or the competent authority of the trading partners of establishment or, if an undertaking established in a third country is concerned, by the Veterinary Services of Malta or a competent authority of a trading partner, subject to a written undertaking by the person in charge of the transport undertaking to comply with the requirements of the veterinary legislation in force;

(iii) such written undertaking shall in particular state that -- the transporter referred to in sub-paragraph

(ii) has taken all the measures necessary to comply with the requirements of these regulations or the corresponding veterinary legislation in the trading partner countries as far as the place of destination and, more particularly where export to third countries is concerned, as far as the place of destination as defined by veterinary legislation, - without prejudice to the provisions of Chapter 1 A(6)(b) of the Schedule, the staff referred to in sub-paragraph (ii) have received specific training, either within the undertaking or from a training body, or have equivalent practical experience qualifying them to handle and transport vertebrate animals and to administer, if necessary, appropriate care to the animals transported;

(b) must not transport any animal, or cause any animal to be transported, in a way which is likely to cause injury or undue suffering to that animal;

(c) must use, for the transport of animals referred to in these regulations, means of transport that will ensure compliance with veterinary requirements concerning welfare during transport, and in particular the requirements laid down in the Schedule and those to be laid down in accordance with regulation 13.

(2) The transporter -

(a) must entrust the transport of the live animals to staff who possess the necessary ability, professional competence and knowledge laid down in sub-regulation (1)(a);

(b) for the animals referred to in regulation 1(2)(a) which are to be traded between the territory of Malta and trading partners or exported to third countries, and in cases where the journey time exceeds eight hours, must draw up a route plan in accordance with the specimen in Chapter VIII of the Schedule, which will be attached to the health certificate during the journey, and also indicates any staging and transfer points. A single route plan will have to be drawn up in accordance with paragraph (c) to cover the whole period of the journey;

(c) must submit the route plan referred to in paragraph (b) to the Veterinary Services so that they can draw up the health certificate, after which, the number or numbers of such certificates must be marked on the route plan and it must be stamped by the Veterinary Services at the time of departure, which will also give notice of the existence of the route plan through the Animo system;

(d) must ensure -

(i) that the original copy of the route plan referred to in paragraph (b) -- is duly drawn up and completed by the appropriate persons at the appropriate time; - is attached to the health certificate accompanying the consignment throughout the journey;

(ii) that the staff in charge of the transport -- state in the route plan the times and places at which the animals transported have been fed and watered during the journey; - where animals coming from trading partners are being exported to third countries and the spending time within the territory of Malta, exceeds eight hours, have the route plan certified, after checking, by the Veterinary Services (stamps and signature) at the border inspection post of exit, after the animals have been checked and judged by the official veterinarian to be fit to continue their journey. It may be specified that expenses incurred by the above-mentioned veterinary check shall be borne by the operator exporting the animals; - on their return, send back the route plan to the competent authority of the place of origin. However, where animals are being exported to third countries by sea and the travelling time exceeds eight hours, the same provisions shall apply;

(e) must keep, for a period fixed by the Veterinary Services, a second copy of the route plan referred to in paragraph (b) which may, if required, be submitted on request to the Veterinary Services for verification;

(f) must demonstrate, according to the species transported and where the length of the journey entails compliance with Chapter VII 48(4) of the Schedule, that steps have been taken to meet the animals' needs for food and water during the journey, even where the route plan is changed or where the journey is interrupted for reasons beyond his control;

(g) must ensure that the animals are transported without delay to their place of destination;

(h) without prejudice to compliance with the provisions in Chapter III of the Schedule, must ensure that animals of species not referred to in Chapter VII of the Schedule are suitably fed and watered at appropriate internals during transport.

(3) The staging points, agreed upon in advance by the person in charge referred to in sub-regulation (2), shall be regularly checked by the Veterinary Services which must also satisfy itself that the animals are fit to continue their journey.

(4) The costs of meeting animals’ feeding, watering and rest requirements shall be borne by the operators referred to in sub-regulation (1).

(5) Any procedures for application which result from this regulation shall be adopted in accordance with the procedure provided for in article 22 of the Animal Welfare Act.