S.L. 433.3 Art. 16General requirements for all checks on imported plants, plant products and other objects.

(a) For the purposes of regulation 15(b) the inspectors of the department shall as a minimum carry out checks on at least:

(i) each consignment declared to consist of, or to contain, plants, plant products or other objects, referred to in regulation 15(b) under the respective conditions, or

(ii) in the case of a consignment which is composed of different lots, each lot declared, to consist of, or to contain, such plants, plant products or other objects. The checks shall determine whether:

(i) the consignment or lot is accompanied by the required phytosanitary certificate, and the PHMD, as specified in regulation 15(b)(ii) relating to documentary checks,

(ii) in its entirety or on one or more representative samples, the consignment or lot consists of, or contains the plants, plant products or other objects, as declared on the required documents relating to identity checks, and

(iii) in its entirety or on one or more representative samples, including the packaging and, where appropriate, the transport vehicles, the consignment or lot or their wood packing material comply with the requirements laid down in these regulations;

(iv) the PHMD and the official phytosanitary certificate or phytosanitary certificate for re-export shall be in line to the general provisions of these regulations.

The foregoing provisions of this regulation shall also apply to plants, plant products or objects other than those referred regulation 15, which come from a third country and are brought into the customs territory of Malta. These may, from the time of their entry, be subject to supervision by the Plant Health Department, in respect of these regulations. These plants, plant products or objects include wood in the form of dunnage, spacers, pallets or packing material, which are actually in use in the transport of objects of all kinds. Where the Plant Health Department makes use of this faculty, the plants, plant products or objects concerned shall remain under the supervision referred to in regulation 15(a), until the relevant formalities have been completed such as to conclude, as a result for these formalities and as far as can be determined, that they comply with the relevant requirements laid down in or under these regulations.

(aa) Inspections carried out under regulation 16(a) shall be subject to fees as stipulated under Schedule (XXV) to these regulations.

(b) the provisions of checks as specified in paragraph (a) shall not apply for the following cases:

(i) where plants, plant products and other objects are imported in Malta and these do not present any risk of harmful organisms spreading in Malta are:

- being directly moved from one point to another within the Community through the territory of a third country without any change in their customs status (internal transit), or - being directly moved from one point to another within one or two third countries via Malta under appropriate customs procedure without any change in their customs status;

(ii) to the movement of small quantities of plants, plant products and other objects, other than potatoes, as defined in sub-paragraphs (i), (ii) and (iii) of paragraph (d) of regulation 4.

(iii) the importation into Malta of plant, plant products and other objects for trial or scientific purposes and for work on varietal selections which shall be conducted in accordance with the conditions under regulation 20.

(c) Where it is satisfied that the requirements under regulation 15 have been complied with, the Director shall issue a Plant Health Movement Document in terms of Schedule VIII. Such document shall contain a document reference number to be provided by the Directorate. All information provided under Documentary check, identity check and Plant Health Check in the Document, shall be filled by the inspector followed by his authorisation by means of an official rubber stamp. Upon the granting of the authorisation, one copy of the Plant Health Movement Document shall be forwarded to Customs, another copy shall be forwarded to the importer and another copy shall be retained by the Directorate.