L.S. 437.39 Regolamenti dwar Verifiki Veterinarji applikabbli fil-Kummerċ Intra-Komunitarju ma’ Stati Membri ta’ Prodotti ta’ l-Annimali

(1)The title of these regulations is the Veterinary Checks applicable in Intra-Community Trade with Member States in Animal Products Regulations. Title and scope. Amended by: L.N. 83 of 2006.

(2)The scope of these regulations is to implement the provisions found under European Union Council Directive 89/662/ EEC concerning veterinary checks in intra-community trade with a view to the completion of the internal market.

(3)Veterinary checks to be carried out on products of animal origin which are covered by the Directives listed in Schedule A or by regulation 13 and which are intended for trade are no longer carried out, without prejudice to regulation 6, at frontiers but are carried out in accordance with these regulations. 2. For the purposes of these regulations -

(1)''competent authority'' is for Malta the Veterinary Services; Definitions.

(2)''establishment'' means any undertaking which produces, stores or processes the products referred to in regulation 1;

(3)''official veterinarian'' means the veterinarian appointed by the Veterinary Services on the territory of Malta;

(4)''trade'' means exchanges between the territory of Malta and Member States in goods within the meaning of article 9

(2)of the Treaty establishing the European Economic Community;

(5)''trading partner'' in the meaning of article 2 of the Veterinary Services Act shall mean - Cap. 437. (

1. a)Member States of the European Community; (
2. b)Third countries to the European Community; where relevant.

(6)''veterinary check'' means any physical check and, or administrative formality which applies to the products referred to in regulation 1

(3)and which is intended for the protection, direct or otherwise, of public or animal health. CHAPTER I CHECKS AT ORIGIN 3.

(1)In the territory of Malta, only products intended for trade are those referred to in regulation 1

(3)which have been obtained, checked, marked and labelled in accordance with rules Products intended for trade. 2 [ S.L.437.39 VETERINARY CHECKS APPLICABLE IN INTRA-COMMUNITY TRADE WITH MEMBER STATES IN ANIMAL PRODUCTS for the destination in question and which are accompanied to the final consignee mentioned therein by a health certificate, animalhealth certificate or by any other document provided for by veterinary legislation listed in Schedule A. The establishments of origin shall ensure, by constant selfsupervision, that such products satisfy the requirements of the first paragraph. Without prejudice to the monitoring duties assigned to the official veterinarian under legislation, the competent authority shall carry out regular checks on establishments in order to satisfy itself that products intended for trade comply with all requirements or, in the cases referred to in the third paragraph of this regulation and regulation 13, with the requirements of the Member State of destination. Where there are grounds for suspecting that requirements are not being met, the competent authority shall carry out the necessary checks and, if the suspicion is confirmed, take the appropriate measures, which may include withdrawing approval.

(2)Where the transport operation involves several places of destination, products must be grouped together in as many batches as there are places of destination. Each batch must be accompanied by the aforementioned certificate or document. Where the products referred to in regulation 1 are intended for export to a third country, the transport operation must remain under customs supervision up to the point of exit from Malta or Community territory.

(3)When the territory of Malta makes optional imports from certain third countries, Veterinary Services shall inform the European Commission and the Member States of the existence of such imports. Where products are brought into the European Community by the territory of Malta, Veterinary Services shall carry out a documentary check on the origin and destination of the goods in accordance with regulation 6

(1). When the destination of such products is the territory of Malta Veterinary Services shall prohibit the products concerned from being sent on from the territory unless they are bound for a Member State using the same option. Necessary measures which must be taken by the Veterinary Services. Amended by: L.N. 83 of 2006. 4.

(1)Veterinary Services shall take the necessary measures to ensure that operators comply with veterinary requirements at all stages of the production, storage, marketing and transport of the products referred to in regulation 1

(3). In particular, they shall ensure that (

1. a)the products of animal origin covered by the acts referred to in Schedule A are checked in the same way, from a veterinary viewpoint, whether they are intended for trade with Member States or for the national market, VETERINARY CHECKS APPLICABLE IN INTRA-COMMUNITY TRADE WITH MEMBER STATES IN ANIMAL PRODUCTS [ S.L.437.39 (
2. b)the products covered by Schedule B are not dispatched to the territory of another Member State, if they cannot be marketed on their own territory for reasons justified by safeguard measures on public health under the Veterinary Services Act and as provided under article 36 of the Treaty.

(2)Appropriate administrative, legal or penal measures to penalise any infringement of veterinary legislation by natural or legal persons where it is found that rules have been infringed, in particular where it is found that the certificates or documents drawn up do not correspond to the actual state of the products or that public health stamps have been affixed to products which do not comply with those rules, shall be taken according to the procedures laid down in Part IX of the Veterinary Services Act. Cap. 437. Cap. 437. CHAPTER II CHECKS ON ARRIVAL AT THE DESTINATION 5.

(1)The following measures have to be implemented in the territory of Malta: (

1. a)the Veterinary Services may, at the places of destination of goods, check by means of nondiscriminatory veterinary spot-checks that the requirements of regulation 3 to these regulations has been complied with; it may take samples at the same time. Measures which must be implemented by the territory of Malta. Furthermore, where in the territory of Malta, in transit or at destination the Veterinary Services have information leading them to suspect an infringement, checks may also be carried out during the transport of goods in the territory of Malta, including checks on compliance as regards the means of transport; (
2. b)where the products referred to in regulation 1

(3)originating in a Member State are intended (i) for an establishment placed under the responsibility of an official veterinarian, the latter must ensure that only products that meet the requirements of regulation 3

(1)with respect to marking and accompanying documents or, in the case of the products referred to in Schedule B, are accompanied by the document established according to the procedure laid down in article 10 of the Veterinary Services Act, are admitted to that establishment, (ii) for an approved intermediary who divides up the batches or for a commercial undertaking with many branches, or any establishment not subject to permanent supervision, the latter must check, before the batch is divided up or marketed, that the said marks, certificate, or documents referred to in the first sub-paragraph are present and notify the Veterinary Services of any Cap. 437. 3 4 [ S.L.437.39 VETERINARY CHECKS APPLICABLE IN INTRA-COMMUNITY TRADE WITH MEMBER STATES IN ANIMAL PRODUCTS irregularity or anomaly, (iii) for other consignees, particularly where the batch is partially unloaded during transport, the batch must be accompanied, in accordance with regulation 3

(1), by the original of the certificate referred to in the first sub-paragraph. The guarantees which must be furnished by the consignees referred to in the second and third sub-paragraphs shall be specified in an agreement with the Veterinary Services to be signed at the time of the prior registration provided for in subregulation

(3). The Veterinary Services shall carry out random checks to verify compliance with those guarantees.

(2)Without prejudice to regulation 4, where the standards laid down by veterinary rules have not been set and in the case provided for in regulation 13, the Veterinary Services may require, with due r e g a r d f o r t h e g e n e r a l p r o v i s i o n s o f t h e Tr e a t y, t h a t t h e establishment of origin must apply the standards in force under the Malta national rules. The Veterinary Services shall ensure that the product in question complies with those requirements.

(3)Operators who have products delivered to them from a Member State or who completely divide up a batch of such products (

1. a)shall be subject, if so requested by the Veterinary Services, to prior registration; (
2. b)shall keep a register in which such deliveries are recorded; (
3. c)must, if so requested by the Veterinary Services, report the arrival of products from a Member State, to the extent necessary to carry out the checks referred to in subregulation

(1); (d) keep for a period of not less than six months to be specified by the Veterinary Services, the health certificates or documents corresponding to those referred to in regulation 3 for presentation to the Veterinary Services should the latter so request. Cap. 437. Measures which must be taken during checks on products from third countries brought into the territory of Malta.

(4)The detailed rules for implementing this regulation shall be adopted in accordance with the procedure laid down in article 15

(2)of the Veterinary Services Act. 6.

(1)During the checks carried out at the places where products from a third country may be brought into the territory of Malta, such as ports, airports and inspection sites with third countries, the following measures are taken: (

1. a)a documentary check is made on the products’ origin; (
2. b)products originating in a Member State are subject to the rules on checks provided for in regulation 5; (
3. c)products from third countries are subject to the rules laid down in European Union Council Directive 97/78/ EC. VETERINARY CHECKS APPLICABLE IN INTRA-COMMUNITY TRADE WITH MEMBER STATES IN ANIMAL PRODUCTS [ S.L.437.39 5

(2)However, by way of derogation from subregulation

(1), all products transported by regular, direct means of transport linking the territory of Malta and a Member State, shall be subject to the rules of inspection laid down in regulation 5. 7.

(1)If, during a check carried out at the place of destination of a consignment or during transport, the Veterinary Services establish (a) the presence of agents responsible for a disease named in the Second Schedule to the Veterinary Services Act, a zoonosis or disease, or any cause likely to constitute a serious hazard to animals or humans, or that the products come from an area infected by an epizootic disease, they shall, except as regards animal-health aspects, in the case of products subject to one of the treatments referred to in article 4 of European Union Council Directive 80/215/EEC (as last amended by European Union Council Directive 88/660/EEC), order the batch to be destroyed or used in any other way laid down by Maltese rules. Rules relating to checks carried out at a place of destination of a consignment or during transport. Cap. 437. Costs relating to the destruction of the batch shall be borne by the consignor or his representative. The Veterinary Services shall immediately notify the competent authorities of the other Member States and the European Commission by telex of the findings arrived at, the decisions taken and the reasons for such decisions. The protective measures provided for in article 15

(5)of the Veterinary Services Act may be applied; Cap. 437. (

1. b)that the goods do not meet the conditions laid down by corresponding animal health and public health legislation of Member States, or, in the absence of decisions on standards, by Maltese national standards, they may, provided that health and animal health considerations so permit, give the consignor or his representative the choice of (
2. i)destroying the goods; or (
3. ii)using the goods for other purposes, including returning them with the authorisation of the competent authority of the country of the establishment of origin; (iii) however, if the certificate or the documents are found to contain irregularities, the consignor must be granted a period of grace before recourse is had to this last possibility.

(2)In accordance with the procedure laid down in article 15 of the Veterinary Services Act, it may be drawn up a list may be drawn up of the agents and diseases referred to in subregulation

(1), and detailed rules for the application of this regulation. Cap. 437. 6 [ S.L.437.39 Procedure by the Veterinary Services for the measures taken by the authorities of the Member States of dispatch. VETERINARY CHECKS APPLICABLE IN INTRA-COMMUNITY TRADE WITH MEMBER STATES IN ANIMAL PRODUCTS 8.

(1)In the cases provided for in regulation 7, the Veterinary Services shall contact the competent authorities of the Member State of dispatch without dela y. These wi ll then not ify the Veterinary Services about the necessary measures taken, the nature of the checks carried out, the decisions taken and the reasons for such decisions. If the Veterinary Services fears that such measures are inadequate, they shall with the competent authority of the Member State of origin seek ways and means of remeding the situation; if appropriate this may involve an on-the-spot inspection. Where the checks provided for in regulation 7 show repeated irregularities, the Veterinary Services shall inform the European Commission and the veterinary departments of the other Member States. The European Commission, at the request of the Veterinary Services of Malta or on its own initiative, and taking into account the nature of the infringements established, may (

1. a)send a mission of inspection to the establishment concerned; or (
2. b)instruct an official veterinarian, whose name shall be on a list to be prepared by the European Commission at the suggestion of the Member States, and who is acceptable to the various parties concerned, to check the facts in the establishment concerned; (
3. c)request the competent authority to intensify its sampling of the products of the establishment concerned. It shall inform the Member States of its findings. Where these measures are taken to deal with repeated irregularities on the part of an establishment, the European C o m m i s s i o n s h a l l c h a rg e a n y e x p e n s e s o c c a s i o n e d b y t h e application of paragraphs (a), (
4. b)and (
5. c)to the establishment involved. Pending the different findings, the Veterinary Services may, for their part, intensify checks on products coming from the same establishment and if there are serious animal health or public health grounds, suspend approval. At the request of one of the two Member States concerned where the irregularities are confirmed by the expert’s opinion, the E u r o p e an C o m m i s si o n m u s t , i n a c c o r d a n c e w i t h E u r o p e a n Community rules, take the appropriate measures, which may go as far as authorising the Member States to prohibit provisionally the bringing into their territory of products coming from that establishment. These measures must be confirmed or reviewed as soon as possible in accordance with the appropriate European Commission procedure.

(2)Rights of appeal existing under the laws in force in the territory of Malta against decisions by the Veterinary Services shall not be affected by these regulations except in case covered by the VETERINARY CHECKS APPLICABLE IN INTRA-COMMUNITY TRADE WITH MEMBER STATES IN ANIMAL PRODUCTS [ S.L.437.39 7 subregulation

(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 Member State of dispatch. If the consignor or his representative so requests, the said decisions and reasons shall be forwarded to him in writing with details of the rights of appeal which are available to him under the law in force in the territory of Malta and of the procedure and time limits applicable. However, in the event of a dispute, the Veterinary Services may, if the competent authority of the Member State of origin so agree, 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. Such experts shall issue their opinions within not more than seventy-two hours. The parties shall abide by the expert’s opinion, with due regard for European Community veterinary legislation.

(3)The costs of returning the consignment, storing the goods, putting them to other uses or destroying them shall be borne by the consignee.

(4)The detailed rules for the application of this regulation shall be adopted in accordance with the procedure laid down in article 15 of the Veterinary Services Act. 9.

(1)If, during a check carried out in a Member State at the place of destination of a consignment or during transport, the competent authority establishes (

1. a)the presence of agents responsible for a disease referred to in the Second Schedule to the Veterinary Services Act, a zoonosis or disease, or any cause likely to constitute a serious hazard to animals or humans, or that the products coming from the territory of Malta are contaminated by an epizootic disease, (
2. b)that, without prejudice to paragraph (a), the products do not meet the conditions laid down by corresponding Member State legislation or, where the Member State obtains additional guarantees which have been or will be adopted, by national animal health rules, the Veterinary Services shall take all necessary measures and notify the competent authority of the Member State of the nature of the checks carried out, the decisions taken and the reasons for such decisions. If the competent authority of the Member State of destination fears that such measures are inadequate, the Veterinary Services and the competent authority of the Member State shall together seek ways and means of remedying the situation; if appropriate, this may involve an on-the-spot inspection. At the request of the competent authority of the Member Cap. 437. Checks carried out in a Member State at the place of destination of a consignment or during transport. Cap. 437. 8 [ S.L.437.39 VETERINARY CHECKS APPLICABLE IN INTRA-COMMUNITY TRADE WITH MEMBER STATES IN ANIMAL PRODUCTS State of destination (
3. i)inspectors may be sent, in collaboration with the Veterinary Services; (
4. ii)or an official veterinarian, who is acceptable to the various parties concerned, may be instructed to check the facts on the spot; (iii) Veterinary Services may be requested to intensify checks on the holding, the centre, the organisation, the approved market or assembly centre on the territory of Malta. Pending the Member State’s findings, the Veterinary Services must intensify checks on products coming from the establishment in question of the territory of Malta, and if there are serious public or animal health grounds, suspend its approval.

(2)In the event of a dispute, the Veterinary Services may, if the competent authority of the Member State of destination so agrees, 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. Such experts shall issue their opinions within not more than seventy-two hours or after receiving the results of any analyses. The Veterinary Services shall abide by the expert’s opinion, with due regard for corresponding veterinary legislation.

(3)The costs of returning the consignment, holding or isolating the animals or, if appropriate, slaughtering or destroying them shall be borne by the consignor, his representative or the person responsible for the animals or products. Cap. 437.

(4)The detailed rules for the application of this regulation shall be adopted in accordance with the procedure laid down in article 15

(4)of the Veterinary Services Act. CHAPTER III COMMON PROVISIONS Notification by the Veterinary Services to Member States and the European Commission of any outbreak in the territory of Malta. Cap. 437. Cap. 437. Cap. 437. 10.

(1)The Veterinary Services shall immediately notify the Member States and the European Commission of any outbreak in the territory of Malta, other than an outbreak of diseases referred to in the Second Schedule to the Veterinary Services Act, of any zoonoses, diseases or other cause likely to constitute a serious hazard to animals or to human health. The Veterinary Services shall immediately implement the control or precautionary measures provided for in article 6 of the Veterinary Services Act, in particular the determination of the buffer zones provided for in those rules, or adopt any other measure which it deems appropriate. When, in the course of a check referred to in regulation 5, has been established the existence of one of the diseases or causes referred to in the first paragraph, the Veterinary Services may, if necessary, take the precautionary measures provided for in article 15 of the Veterinary Services Act. VETERINARY CHECKS APPLICABLE IN INTRA-COMMUNITY TRADE WITH MEMBER STATES IN ANIMAL PRODUCTS [ S.L.437.39 The Veterinary Services may, on serious public or animalhealth grounds, take interim protective measures with regard to the establishments concerned or, in the case of an epizootic disease, with regard to the area of protection provided for in article 5

(1)(d) of the Veterinary Services Act. 9 Cap. 437. The measures taken shall be notified to the European Commission and to the Member States without delay.

(2)In the case provided for in the first paragraph of subregulation

(1), one or more European Commission representatives may go at once to the place concerned to examine, in collaboration with the Veterinary Services, what measures have been taken and shall issue an opinion on those measures.

(3)Detailed rules for the application of this regulation, and in particular the list of zoonoses or causes likely to constitute a serious hazard to human health, shall be adopted in accordance with the procedure laid down in article 15

(4)of the Veterinary Services Act. Cap. 437. 11. Veterinary Services shall be appointed for collaborating with the other Member States’ inspection departments. Appointment of Veterinary Services. 12. In the territory of Malta, the officials of the Veterinary Services, if appropriate in collaboration with the officials of other departments empowered to that end, are able in particular to - Powers of the officials of the Veterinary Services. (

1. a)carry out inspections of premises, offices, laboratories, installations, means of transport, plant and equipment, cleaning and maintenance products, procedures used for the production and processing of products and the marking and labelling and presentation of those products; (
2. b)carry out checks on whether staff comply with the requirements laid down in the texts referred to in Schedule A; (
3. c)take samples from products held with a view to being stored or sold, put on the market or transported; (
4. d)examine documentary or computer material relevant to the checks carried out further to the measures taken pursuant to regulation 3

(1). For this purpose, they must receive from the establishments being checked the co-operation necessary for the performance of their duties. 13. Trade in the products listed in Schedule B shall, pending the adoption of rules, be subject to the rules on control laid down by these regulations, in particular those laid down in regulation 5

(2). The Veterinary Services shall notify the European C o m m i s s i o n a n d t h e M e m b e r St a t e s o f t h e c o n d i t i o n s a n d procedures applicable to trade in the products referred to in the first paragraph. Trade in products listed in Schedule B. 10 [ S.L.437.39 Recording of basic information by the Veterinary Services on veterinary checks carried out under these regulations. Cap. 437. VETERINARY CHECKS APPLICABLE IN INTRA-COMMUNITY TRADE WITH MEMBER STATES IN ANIMAL PRODUCTS 14.

(1)The Veterinary Services shall record basic information on veterinary checks carried out under these regulations and communicate this information to the European Commission and to Member States.

(2)Detailed rules for the application of this regulation, in particular with regard to frequency of communication of information, the form in which it is to be given and its nature, shall be drawn up in accordance with the procedure laid down under European Community rules and as provided in article 15

(2)of the Veterinary Services Act. VETERINARY CHECKS APPLICABLE IN INTRA-COMMUNITY TRADE WITH MEMBER STATES IN ANIMAL PRODUCTS SCHEDULE A [ S.L.437.39 11 Substituted by: L.N. 83 of 2006. CHAPTER I (

1. a)Animal Health (Production, Processing, Distribution and Introduction of Products for Human Consumption) Rules (S.L. 437.70). (
2. b)Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29th April, 2004 laying down specific hygiene rules for food of animal origin. CHAPTER II (
3. a)Council Directive 92/118/EEC of the 17th December, 1992 laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A, Chapter I to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC. (
4. b)Regulation (EC) No 1774/2002 of the European Parliament and of the Council of the 3rd October, 2002 laying down health rules concerning animal byproducts not intended for human consumption. SCHEDULE B PRODUCTS NOT SUBJECT TO PUBLIC HEALTH STANDARDS PROVIDED FOR IN LEGISLATION LISTED IN SCHEDULE A, BUT TRADE IN PRODUCTS WHICH WOULD BE SUBJECT TO THE CHECKS PROVIDED FOR BY THESE REGULATIONS Other products of animal origin included neither in Schedule B to these regulations nor in the Annex to European Union Council Directive 90/425/EEC these products will be defined under the procedure laid down under European Community rules and in accordance will article 10 of the Veterinary Services Act.