S.L. 437.88 Art. 6Derogations from the requirement of certaindeclarations regarding feed materials.

(1) By way of derogation from rule 5, the particulars referred to in rule 5(1)(c) and (d) and (2) and (3), and of heading V

of Part A of the Schedule shall not be required where -

(a) before each transaction the purchaser has stated in writing that he does not require this information;

(b) without prejudice to European Union Regulation (EC) No 1774/2002 of the European Parliament and of the Council feed materials of animal or vegetable origin, fresh or preserved, whether or not subject to a simple physical treatment, in quantities less than or equal to 10 kg, intended for pet animals and supplied directly to the final user by a seller established in Malta, are put into circulation.

(2) Where, in the case of feed materials from a third country put into circulation in the European Community for the first time, it has not been possible to provide the guarantees regarding composition required in rule 5(1)(c) and (d) and (2) and (3), and of heading V of Part A of the Schedule owing to the absence of means of assuring the analytic measurements necessary in the country concerned, the Veterinary Services may allow provisional composition data to be supplied by the person responsible referred to in rule 5(1)(g) provided that -

(a) the Veterinary Services is informed in advance of the arrival of the feed material;

(b) the definitive particulars of composition are provided to the purchaser and the Veterinary Services within ten working days of the date of its arrival in Malta;

(c) the particulars of composition on the documents are accompanied by the following indications in bold type: "provisional data to be confirmed by ................. (name and address of the laboratory instructed to carry out the analyses) regarding .................. (reference number of the sample to be analysed) before .............. (date)";

(d) the Veterinary Services shall inform the European Union Commission of the circumstances in which it applied the derogation referred to in this rule.

(3) By way of derogation from rule 5 -

(a) the particulars referred to in rule 5(1) shall not be required, without prejudice to European Union Regulation (EC) No. 1774/2002 of the European Parliament and of the Council, in the case of products of vegetable or animal origin in their natural state, fresh or preserved, whether or not subjected to a simple physical treatment and not treated with additives, except for preservatives, which are provided by a farmer-producer to a breeder-user, both of whom are established in the same Member State;

(b) the particulars referred to in rule 5(1)(c), (d), (e) and

(f) and Part A of the Schedule shall not be required where by-products of vegetable or animal origin derived from agro-industrial processing, with a moisture content greater than 50%, are put into circulation.