S.L. 439.10 Art. 8Actiontakenbythe VeterinaryServices to safeguard the welfare of animals.

(1) If in the territory of Malta, it is found in the course of a transport that the provisions of these regulations are not being or have not been complied with, the Veterinary Services shall require the person in charge of the means of transport to take any action which the Veterinary Services considers necessary in order to safeguard the welfare of the animals concerned. Depending on the circumstances of each case, such action may include:

(a) arranging for the journey to be completed or the animals to be returned to their place of departure by the most direct route, provided that this course of action would not cause unnecessary suffering to the animals;

(b) arranging for the animals to be held in suitable accommodation with appropriate care until the problem is resolved;

(c) arranging for the humane slaughter of the animals. The destination and use of the carcasses of these animals shall be governed by the provisions laid down in European Union Council Directive 64/433/EEC.

Any measure taken pursuant to sub-regulation (2) shall be notified by the Veterinary Services by the Animo network to the competent authorities of departure and, or of destination if those animals are coming and, or destined to a trading partner. These measures, including financial measures shall be notified according to the procedures established by the European Community legislation.

(2) If the person in charge of the means of transport fails to comply with the instructions of the Veterinary Services, the latter shall immediately have the measures in question carried out and shall recover the costs of such measures in the appropriate manner.

(3) Rights of appeal existing under the laws in force in Malta against decisions by the Veterinary Services shall not be affected by these regulations.

(4) Decisions taken by the Veterinary Services and the reasons for such decisions shall be notified to the consignor or his representative and to the competent authority of the trading partner of dispatch.

(5) If the consignor or his representative so requests, the said decisions and reasons shall be forwarded to him in writing by the Veterinary Services with details of the rights of appeal which are available to him under the law in force in Malta and of the procedure and time limits applicable.

(6) In the event of a dispute, the consignor or his representative concerned may, if they so agree by the Veterinary Services, within a maximum period of one month, submit the dispute for the assessment of an expert whose name appears on a list of European Community experts drawn up by the European Commission. Such experts shall issue their opinion within not more than seventy-two hours. The parties shall abide by the expert’s opinion, with due regard for veterinary legislation.