S.L. 433.3 Art. 17Official measures.

(a) Where following the inspections and, or checks it is found that the plants, plant products or other objects do not satisfy the requirements established by these regulations, the Director shall immediately take one or more of the following measures:

(i) refusal of entry into Malta of all or part of the consignment,

(ii) movement, under official supervision, in accordance with the appropriate customs procedure, to a destination outside the Community,

(iii) removal of infected and, or infested produce from the consignment,

(iv) their destruction,

(v) the imposition of a quarantine period until the results of the examinations or official tests are available,

(vi) exceptionally and only in specific circumstances appropriate treatment where it is considered by the Director of Plant Health that, as a result of the treatment, the conditions will be fulfilled and the risk of spreading harmful organisms is obviated; the measure of appropriate treatment may also be taken in respect of harmful organisms not listed in Schedule I or in Part A of Schedule II.

(b) In the case of a refusal referred to in paragraph (a)(i) or movement to a destination outside the Community referred to in paragraph (a)(ii) or of a removal referred to in paragraph (a)(iii), the phytosanitary certificates or the phytosanitary certificates for re-export, and any other document which have been produced when the plants, plant products or other objects were submitted for introduction into Malta shall be cancelled by the Plant Health Department. Upon cancellation, the said certificates or documents shall bear on their face and in a prominent position a triangular stamp in red, marked "certificate cancelled" or "document cancelled" from the Plant Health Department, together with its denomination and the date of refusal, of the start of the movement to a destination outside the Community or of removal. It shall be in capital letters, and in Maltese or English.

(c) In cases referred to in the paragraphs of this regulation, the Department shall also inform, in no later than two working days after the date of interception, the plant protection organisation of the third country of origin or consignor third country, the single central authorities of the Member States and the Commission of all cases where plants, plant products or other objects coming from the relevant third country have been intercepted as not complying with the plant health requirements, and the reasons of the interception, without prejudice to the action which Malta may take or has taken in respect of the intercepted consignment. Notification of interception shall be made on the form shown in Schedule IX. EXPORT OF REGULATED PLANTS, PLANT PRODUCTS AND OTHER OBJECTS