S.L. 437.40 ст. 4Documentary and identity checks on animals from third countries. 4 [ Cap. 437. 5 Cap. 437.

(1) In the territory of Malta, irrespective of the customs destination of the animals, each consignment of animals from a third country is subjected by the Veterinary Services to a documentary check and identity check at one of the border inspection posts approved for that purpose, in order to verify -

(a) their origin;

(b) their subsequent destination, particularly in the case of transit or in the case of animals, trade in which has not yet been harmonised at European Community level or which are subject to specific requirements recognised by a European Community Decision in respect of the Member State of destination;

(c) that the particulars which appear on the certificates or documents afford the guarantees required by European Community rules or, in the case of animals, trade in

S.L.437.40 OF THE TERRITORY OF MALTA which has not yet been harmonised at European Community level, the guarantees required under the national rules applicable in the various cases covered by these regulations;

(d) that no indication of rejection of the consignment has been given through the relevant procedure specified in the European Union Council Decision 92/438/EEC.

(2) Without prejudice to the exemptions pursuant to regulation 8, the official veterinarian must carry out a physical check on animals presented at the inspection site. The check must be made after reference to the information received according to sub-regulation (1)(d). That check must include, in particular -

(a) a clinical examination of the animals in order to ensure that they conform to the information provided in the accompanying certificate or document and that they are clinically healthy. In accordance with requirements of European Community and in accordance with the procedure laid down in article 16(2) of the Veterinary Services Act, derogation may be made, subject to certain conditions and in accordance with rules to be established under the same procedure, from the principle of individual clinical examination in respect of certain categories and species of animals;

(b) any laboratory tests which it is thought necessary should be carried out or which are provided for by Community rules;

(c) possible official samples to be examined for residues and analysed as soon as possible;

(d) verification of compliance with the requirements of European Community legislation on the protection of animals during transport. For the purposes of a subsequent check on transport and, where appropriate, on compliance with the additional requirements of the holding of destination, the official veterinarian of the border inspection post shall communicate the necessary information to the competent authorities of the Member State of destination by means of the computerised information exchange system ANIMO. The official veterinarian of the border inspection post may be assisted in certain of these tasks by qualified staff with special training, working under his direction.

(3) However at demand of the Member State of destination, by way of derogation from subregulations (1) and (2), for animals entering a port or an airport in the territory defined in Annex I to European Union Council Directive 97/78/EC via a border inspection post on the territory of Malta, the identity check and the physical check may be carried out at such port or airport of the Member State of destination, provided that such port or airport has a veterinary inspection post, and that the animals continue their journey, as the case may be, by sea or by air in the same vessel or in the same aircraft. In such cases, the Veterinary Services of Malta which carried out the documentary check shall, inform the official veterinarian of the inspection post of the Member State of destination by means of the computerised information exchange system ANIMO, that the animals have passed through.

(4) All expenditure incurred by the application of this regulation shall be chargeable to the consignor, the consignee or their agent, without reimbursement by the State.

(5) The detailed rules for applying this regulation, including those relating to the training and qualification of assistants, 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) and (4) of the Veterinary Services Act.