Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
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S.L. 437.48 · Animal Health Problems Affecting (S.L. 437.48)

S.L. 437.48 Art. 15Penalties.

In KraftAmtlicher Text

(1) Any infringement of these regulations whether by a natural or a legal person shall be penalised by the appropriate specific measures laid down in the Maltese legislation.

(2) If it is confirmed that at the arrival in Malta the provisions of these regulations are not or have not been complied with, the competent authority shall take all appropriate measures to safeguard animal health and to prevent the spread of disease. Depending on the circumstances, such action by the competent authority may consist of taking the measures required to -

(a) arrange for the journey to be completed or the animals returned to their place of departure by the most direct route, providing this course of action would not further jeopardise the health or welfare of the animals;

(b) arrange for the animals to be held in suitable accommodation with appropriate care in the event of interruption of the journey;

(c) arrange for the slaughter of the animals. The destination and use of such animals after slaughter shall be regulated -

(i) in accordance with the provisions of European Union Council Directive 64/433/EEC on fresh meat; or

(ii) in accordance with the provisions of the European Union Council Directive 90/667/EEC where the health status of the animals cannot be established or where they are liable to be a risk to animal health or public health. However, where the provisions of European Union Council Directive 90/667/EEC should apply, a regularization period may be accorded to the owner or his agent before that final possibility is invoked. In that case, the provisions of subregulation (3) shall apply;

(3) The competent authority shall immediately notity the competent authority of the Member State of origin on the establishment of any infringement of these regulations. In accordance with the provisions established by European Union Council Directive 89/608/EEC, the competent authority shall provide mutual assistance to one another Member State in the application of these regulations in order to ensure, in particular, compliance with the provisions laid down in this regulation.

(4) This regulation shall not affect other national regulations applicable to penal sanctions.