S.L. 437.40 Art. 8Veterinary checks on imports of animals of species not covered by Annex A of EU Council Directive 90/425/EEC. 10 [ 11 Cap. 437.

In the territory of Malta -

(1) Veterinary checks on imports of animals of species not covered by Annex A to European Union Council Directive 90/425/

EEC are carried out in accordance with the following provisions:

(a) where animals are presented directly at one of the border inspection post to be imported in the territory of Malta, they shall undergo at that post all the checks provided for in regulation 4;

(b) where animals are presented at border inspection post to be imported in a Member State, with the latter's prior agreement -

(i) either all the checks referred to in regulation 4 shall be carried out at that post on behalf of the Member State of destination in order, in particular, to ensure that the latter’s animal health requirements have been complied with;

(ii) or, in the event of agreement between the Veterinary Services and the competent central authority of the Member State of destination and, where appropriate, those of the Member State or Member States of transit, only the checks provided for in regulation 4(1) shall be carried out at that post, in which case the checks provided for in regulation 4(2) shall be carried out in the Member State of destination.

In the latter case, however, animals may leave the border inspection post where the documentary check and identity check have been carried out only in sealed means of transport and only after the official veterinarian -- has indicated on the copy, or, where the consignment is split, on the copies, of the original certificates that the animals have passed through and that the check has been carried out, - has informed, by means of the computerised information exchange system ANIMO, the veterinary authority of the place of destination or, where appropriate, of the Member State or Member States of transit, that the animals have passed through, - notwithstanding regulation 3(1)(c), has given a discharge to the competent customs authority of the border inspection post in respect of the animals presented. In the case of animals intended for slaughter, only the solution set out in sub-paragraph (i) is valid.

(2) Pending adoption of the specific decisions provided for under European Community rules, animals the trade in which has

S.L.437.40 OF THE TERRITORY OF MALTA been harmonised at European Community level but which come from a third country for which uniform animal health conditions have not yet been established, shall be imported subject to the following conditions:

(a) they must have remained in the third country of dispatch at least during the periods provided for in article 10(1) of European Union Council Directive 72/ 462/EEC;

(b) they must undergo the checks provided for in regulation 4 or in case of introduction through a border inspection post in another Member State, the checks provided for in article 4 of European Union Council Directive 91/496/EEC;

(c) they may not leave the border inspection post or the quarantine centre unless such checks show that the animal or consignment of animals -

(i) either, without prejudice to specific requirements applicable to the third countries concerned in respect of diseases foreign to the territory of Malta and to the territory of the other Member States, complies with the animal health requirements applicable in trade in the species concerned as laid down in the veterinary legislation referred to in Annex A to European Union Council Directive 90/425/EEC or with the animal health requirements laid down in European Union Council Directive 72/462/EEC;

(ii) or, in respect of one or more specific diseases, fulfils the conditions of equivalence recognised, in accordance with international agreement, on the basis of reciprocity, between the requirements of the third country and those of the European Community -- if they are intended for a holding in the territory of Malta benefiting from the additional guarantees, provided for in article 3(1)(e)(iii) and (iv) of European Union Council Directive 90/425/EEC or if they are intended for a Member State benefiting from the additional guarantees provided for in article 3(1)(e)(iii) and (iv) of European Union Council Directive 90/425/EEC, they must satisfy the relevant requirements; - after they have passed through the border inspection post, they must, in the case of animals for slaughter, be conveyed to the slaughterhouse of destination, or, in the case of animals for breeding and production or aquaculture animals, be conveyed to the holding of destination.

(3) If the checks provided for in subregulation (1) and (2) show that the animal or the consignment of animals does not comply with the requirements laid down therein, the animal or consignment may not leave the border inspection post or quarantine centre and regulation 12 shall be applicable.

(4) (a) Where the animals referred to in sub-regulation (1) are not intended to be placed on the market in the territory of Malta, the provisions of regulation 7 shall apply, and in particular those relating to the issue of the certificate.

(b) Where the animals referred to in subregulation (1) are intended to be placed on the market in the territory of Malta through the border inspection post of another Member State which has carried out the veterinary checks, the provisions of regulation 7(4) shall apply and in particular those relating to the issue of the certificate.

(5) At the place of destination in the territory of Malta, animals for breeding and production shall remain under the official supervision of the Veterinary Services. After an observation period to be determined in accordance with requirements under European Community rules and in accordance with the procedure laid down in article 16(2) of the Veterinary Services Act, the animals may enter intra-Community trade under the conditions laid down in European Union Council Directive 90/425/EEC. Animals for slaughter shall be subject, in the slaughterhouse of destination, to the rules relating to the slaughter of the species concerned.

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