S.L. 437.40 Art. 12Checks showing that the animal doesn’t satisfy the requirements laid down under European Community rules. Cap. 437. 15 Cap. 437. Cap. 437.

(1) Where the checks referred to in these regulations show that an animal does not satisfy the requirements laid down in

European Community veterinary rules or on matters not yet harmonised at the European Community level, in national rules, or where such checks reveal an irregularity, the Veterinary Services, after consultation with the importer or his representative, shall decide either -

(a) to shelter, feed and water and, if necessary, treat the animals; or

(b) as the case may be, to place them in quarantine or to isolate the consignment;

(c) to re-dispatch, within a time limit to be set by the Veterinary Services, the consignment of animals outside the territory of Malta and one of the territories referred to in Annex I to European Union Council Directive 97/78/EC where animal health or animal welfare requirements so allow. In this case, the official veterinarian of the border inspection post must -

(i) inform the other Member States by activating the information procedure provided for in regulation 4(1)(d);

(ii) under arrangements to be defined in accordance with requirements of European Community and in accordance with the procedure laid down in article 16(2) of the Veterinary Services Act, cancel the veterinary certificate or document accompanying the rejected consignment.

If re-dispatch is impossible, in particular for reasons of the welfare of the animals, the official veterinarian -

(iii) may, after agreement by the Veterinary Services and after ante-mortem inspection, authorise slaughter of the animals for human consumption under the condition laid down by European Community veterinary rules,

(iv) must, otherwise, order slaughter of the animals for purposes other than human consumption or order destruction of the carcasses, specifying the conditions regarding control of the use of the products obtained. The Veterinary Services shall inform the European Commission of cases where recourse is had to these derogations in accordance with subregulation (4).

(2) The importer or his representative shall be liable for the costs incurred in the measures provided for in subregulation (1), the process of destroying the consignment or using the meat for other purposes. The yield of the sale of the products referred to in the subregulation (1)(c)(iii) must revert to the owner of the animals or his representative, after deduction of the above costs.

(3) Detailed rules for the application of this regulation shall be adopted, as the need arises, in accordance with European Community rules and in accordance with the procedure laid down in article 16(2) and (4) of the Veterinary Services Act.

(4) The information procedure provided for in regulation 4(1)(d) shall be activated.

(5) The Veterinary Services shall, where appropriate, communicate any information at their disposal in accordance with provisions of article 21 of the Veterinary Services Act.