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S.L. 437.99 · Animal Health Conditions Applicable (S.L. 437.99)

S.L. 437.99 Art. 8Right of appeal from decisions taken by the competent authority. Cap. 387.

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(1) The reasoned decisions taken pursuant to rule 7 shall, on request, be communicated to the consignor or his representative in writing, with a reference to what rights of appeal are provided for in the current national legislation, and of the form and time limits in which proceedings shall be initiated by the Member State of collection against whom such decisions were taken. The decisions shall also be communicated to the competent veterinary authority of the Member State of collection.

(2) The competent authority shall grant to consignors in respect of whose consignments of semen such measures as are provided for in rule 7(3) have been taken, the right to obtain, before other measures are taken by the competent authority, the opinion of a veterinary expert to determine whether rule 7(3) has been complied with. The veterinary expert shall be a national of a third party Member State, other than Malta or the Member State of collection.

(3) The rights of appeal and the set-up of proceedings initiated by the Member State of collection as referred to in sub-rule (1) shall be made subject to the provisions laid down article 15(10) of the Arbitration Act.