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Veterinary Services Act, 2001 (Act No. Xxiii Of 2001) Principles Governing The Organisation Of Veterinary Checks On Animals Entering The Community From Third Countries Via Border Inspection Posts Of The Territory Of Malta Regulations, 2003 (L.N. 355 Of 2003 )

VETERINARY SERVICES ACT, 2001 (ACT NO. XXIII OF 2001)Principles Governing the Organisation of Veterinary Checks on Animals Entering the Community from Third Countries Via Border Inspection Posts of the Territory of Malta Regulations, 2003

IN exercise of the powers conferred by article 16 of the Veterinary Services Act,
2001, the Minister for Rural Affairs and the Environment has made the following regulations:-

(2) The scope of these regulations is the implementation of European Union Council Directive 91/496/EEC laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries and amending European Union Council Directives 89/662/EEC, 90/425/EEC and
90/675/EEC.
(3) Veterinary checks in respect of animals from third countries entering the European Community via border inspection posts situated on the territory of Malta shall be carried out by the Veterinary Services in accordance with these regulations.
(4) These regulations shall not apply to veterinary checks on family pets accompanying travellers for non-commercial purposes, other than equidae.

2 of European Union Council Directive 90/425/EEC shall apply as necessary. (2) In addition -
(a) “Border inspection post” shall mean any inspection post located in the immediate vicinity of the external border of the territory of Malta and designated and approved in accordance with regulation 6.
(b) “Consignment” shall mean a quantity of animals of the same species, covered by the same veterinary certificate or document, conveyed by the same means of transport and coming from the same third country or same part of such country;
(c) “Documentary check” shall mean verification of the veterinary certificates
or documents accompanying an animal;
(d) “Identity check” shall mean verification, by visual inspection only, for consistency between the documents or certificates and the animals and for the presence and conformity of the marks which must appear on the animals;
(e) “Importer” shall mean any natural or legal person who presents animals for importation into the territory of Malta;
(f) “Physical check” shall mean a check of the animal itself, possibly including sampling and laboratory testing and, where appropriate, additional checks during quarantine;
Furthermore, “Trading Partner” as mentioned under article 2 of the Veterinary
Services Act shall only mean –
(i) Member States of the European Community; (ii) Third countries to the European Community;
where applicable.

(a) importers are obliged to give one working day's notice to the veterinary staff of the border inspection post where the animals are to be presented specifying the number, nature and estimated time of arrival of the animals;
(b) the animals are conveyed directly, under official supervision, to the inspection site referred to in regulation 6 or, where applicable, to a quarantine centre as provided for in the regulation 10(1);
(c) the animals may not leave such post or centre unless, without prejudice to the special provisions to be adopted in accordance with requirements of European Community and in accordance with the procedure provided for in article 16(2) of the Veterinary Services Act, proof has been supplied –
(i) in the form of the certificate provided for in regulation 7(1)(b) or in regulation 8, that the veterinary checks have been carried out on the animals in question in accordance with regulation 4(1) and (2)(a), (b) and (d) and regulation 8 and 9 to the satisfaction of the Veterinary Services;
(ii) that the veterinary checks have been paid for, and that, where relevant, a deposit covering any cost provided for in regulation
10(1)(b) and (c), regulation 10(6) and regulation 12(2) has been
lodged;
(d) the customs authority does not authorise release for free circulation in the territory of Malta and in the territories referred to in Annex I to European Union Council Directive 97/78/EC unless, without prejudice to the specific provisions to be adopted in accordance with European Community rules and the procedure laid down in article 16 (2) of the Veterinary Services Act, proof has been supplied that the requirements in (c) have been fulfilled.
(2) Detailed rules for implementing 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) and (4) of the Veterinary Services Act.

(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 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 sub-regulations (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.

(a) animals of species in respect of which import rules have been harmonised at European Community level come, without prejudice to the special conditions provided for in article 19 of European Union Council Directive
90/426/EEC concerning the movement and import of equidae, from a territory or part of a territory of a third country not included in the lists drawn up in
accordance with European Community rules for the species concerned or from which imports are prohibited pursuant to a veterinary decision;
(b) animals other than those referred to in (a) do not comply with the requirements provided for in the national rules corresponding to the various cases covered by these regulations;
(c) animals which are suffering from or are suspected to be suffering from or infected by a contagious disease or a disease presenting a risk for public health or animal health, or any other reason provided for in European Community veterinary legislation;
(d) the exporting third country has not complied with the requirements provided for in European Community veterinary legislation;
(e) animals are not in a fit state to continue their journey;
(f) the veterinary certificate or document accompanying animals does not meet the conditions set pursuant to European Community veterinary legislation.
The detailed rules for applying this regulation shall be adopted in accordance with requirements of the European Community and in accordance with the procedure laid down in article 16 (2) and (4) of the Veterinary Services Act.

(2) Border inspection posts must be -
(a) located at a port or airport in the territory of Malta;
(b) located in a customs area enabling other administrative formalities to be carried out, including customs formalities relating to importation;
(c) designated and approved in accordance with sub-regulations (3), (4) and
(5);
(d) placed under the authority of an official veterinarian, who shall be effectively responsible for the checks. The official veterinarian may be assisted by specially trained auxiliary staff working under his direction. The official veterinarian shall ensure that all updating of the data bases indicated in regulation 4 sub-regulation (1)(d) is carried out.
(3) To be approved a border inspection post situated in the territory of Malta must be in compliance with the minimum requirements set out in Schedule A.
A list of border inspection posts of the territory of Malta shall be established by the Veterinary Services, and shall be submitted to the European Commission providing the following information -
(a) Nature of the border inspection post – (i) port,
(ii) airport;
(b) nature of the animals which could be checked at the border inspection posts in question given the equipment and veterinary staff available, indicating any animals that cannot be checked at those border inspection posts and for registered equidae the operating hours of a specially approved border inspection post;
(c) staff assigned to veterinary checks -
(i) number of official veterinarians with at least one official veterinarian on duty at all times that the border inspection post is open,
(ii) number of specially qualified auxiliary staff or assistants;
(d) description of the equipment and premises available for carrying out - (i) the documentary check,
(ii) the physical check,
(iii) sampling, the general tests laid down in regulation 4 (2) (b), (iv) the specific tests ordered by the official veterinarian;
(e) capacity of the premises available to house animals where necessary, pending the test results;
(f) nature of the equipment allowing a rapid exchange of information, particularly with other border inspection posts;
(g) volume of trade (types and quantities of animals passing through this border inspection post).
(4) The competent national authorities, shall ask the European Commission to inspect, in conjunction with the Veterinary services of Malta, the border inspection posts designated in accordance with sub-regulation (3) in order to satisfy itself that there is uniform application of the rules on veterinary checks and that the various border inspection posts in fact possess the necessary infrastructures and meet the minimum requirements laid down in Schedule A.
(5) The approved border inspection posts of Malta are those mentioned in the list of approved border inspection posts, and any subsequent updates, published by European Commission in the Official Journal of the European Communities

(a) provide the person concerned with a copy or, if the consignment of animals is split, several individually authenticated copies of the original certificates relating to the animals; the period of validity of such copies shall be no more than 10 days,
(b) issue a certificate which matches the model drawn up by the European Commission attesting that the checks referred to in regulation 4 (1) and (2) (a), (b) and (d) have been carried out to the satisfaction of the official veterinarian, and specifying the nature of the samples that have been taken and the results of any laboratory tests, or when those results are expected,
(c) keep the original certificate or certificates accompanying the animals.
(2) Detailed rules for the application of sub-regulation (1) shall be adopted in accordance with requirements of European Community and in accordance with the procedure laid down in article 16(2) of the Veterinary Services Act.
(3) Once animals have passed through the border inspection post, trade in the animals referred to in sub-regulation (1) and allowed into the territory of Malta and the territories listed in Annex I to European Union Council Directive 97/78/EC shall be conducted in accordance with the rules for veterinary checks laid down in European Union Council Directive 90/425/EEC. In particular, the information of the competent authority of the place of destination in a Member State given by means of the computerised information exchange system: ANIMO, must specify whether –
(a) animals are intended for a Member State or an area of this Member State having specific requirements,
(b) samples have been taken but the results are not known when the means of transport leaves the border inspection post.
(4) (a) Where animals of species for which import rules have been harmonised at European Community level, are not to be placed on the market in the territory of the Member State which carried out the checks referred to in regulation 4, but in the territory of Malta, the Veterinary Services shall be provided with -
(i) a copy or, if the consignment of animals is split, several individually authenticated copies of the original certificates relating to the animals; the period of validity of such copies shall be no more than 10 days,
(ii) a certificate which matches the model described in regulation 7 (1)(b) attesting that the checks referred to in regulation 4 (1) and (2) (a), (b) and (d) have been carried out to the satisfaction of the official veterinarian, and specifying the nature of the samples that have been taken and the results of any laboratory tests, or when those results are expected,
(b) Detailed rules for the application of sub-regulation (4)(a) shall be adopted in accordance with requirements of European Community and in accordance with the procedure laid down in article 16(2) of the Veterinary Services Act.
(c) Once animals have passed through border inspection post trade in the animals referred to in sub-regulation (4)(a) and allowed into the territory of Malta and the territories listed in Annex I to European Union Council Directive 97/78/EC shall be conducted in accordance with the rules for veterinary checks laid down in European Union Council Directive
90/425/EEC. In particular, the information to the Veterinary Services shall be given by means of the computerised information exchange system ANIMO and shall specify whether -
(i) animals are intended for a holding of destination having specific requirements,
(ii) samples have been taken but the results are not known when the means of transport leaves the border inspection post.

(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 (i) is valid.
(2) Pending adoption of the specific decisions provided for under European Community rules, animals the trade in which has 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 sub-regulation (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 sub-regulation (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.

(a) such transit has been previously authorised by the official veterinarian of the border inspection post of the territory of Malta where the animals must be presented in order to undergo there the checks provided for in regulation 4 and, by the Veterinary Services;
(b) the party concerned supplies proof that the first third country to which the animals are being sent, after transit through the territory of Malta or one of the territories referred to in Annex I to European Union Council Directive
97/78/EC, undertakes under no circumstances to reject or to send back the animals, the importation or transit of which it has authorised and undertakes to comply, in the territory of Malta and one of the territories referred to in Annex I to European Union Council Directive 97/78/EC, with European Community rules on protection during transport;
(c) the check referred to in regulation 4 shows to the satisfaction of the veterinarian, if applicable after the animals have passed through a quarantine centre, that the animals fulfil the requirements of these regulations or, in the case of animals referred to in Annex A to European Union Council Directive
90/425/EEC, afford health guarantees recognised by the European Community as being at least equivalent to the requirements laid down in European Union Council Directive 91/496/EEC;
(d) the official veterinarian of the border inspection post notifies the fact that the animals have passed through to the competent authorities of the Member State or Member States of transit and of the border post of exit, by means of the information exchange system ANIMO.
(e) In the case of passage from a border inspection post of the territory of Malta, through the territory of Malta and to a border post of exit, competent authorities of the Member State or Member States of transit and of the border post of exit, shall be informed by means of the computerised information exchange system ANIMO. In addition, such transit is carried out under customs transit procedure (external transit) or under any other customs transit procedure provided for in European Community rules; the only handling authorised during transit shall be that carried out at the point of entry into or exit from the territory of Malta and one of the territories referred to in Annex I to European Union Council Directive 97/78/EC, and operations to ensure the animals' welfare.
(2) All expenditure incurred pursuant to this regulation shall be chargeable to the consignor, the consignee or their representative, without compensation by the State.

rules of the place of destination, in areas which have not been harmonised at European Community level and in compliance with general European Community rules on trade, provide for live animals to be placed in quarantine or isolation, such quarantine or isolation may take place -
(a) for disease other than foot-and-mouth disease, rabies and Newcastle disease, at a quarantine centre situated in the third country of origin, provided that it has been approved by the European Commission and is regularly inspected by its veterinary experts;
(b) at a quarantine centre situated within the territory of Malta, which meets the requirements laid down in Schedule B, or one of the territories referred to in Annex I to European Union Council Directive 97/78/EC, which meets the requirements laid down in Schedule B;
(c) on the holding of destination.
Special safeguards to be complied with during transport between the quarantine centre farms of origin and of destination and border inspection posts and in the quarantine centres referred to in (1)(a) may be laid down in accordance with requirements of European Community and implemented in accordance with the procedure provided for in article 16 (2) of the Veterinary Services Act.
(2) If the official veterinarian responsible for the border inspection post orders placing in quarantine, that quarantine must take place, depending on the hazard diagnosed by the official veterinarian -
(a) either at the inspection site itself or in its immediate vicinity; (b) or on the holding of destination;
(c) or at a quarantine centre situated in the vicinity of the holding of destination.
(3) The general conditions to be fulfilled for the quarantine centres referred to in the sub-regulation (1)(a) and (c) are laid down in Schedule B. The special approval conditions applicable to the different animal species shall be adopted in accordance with requirements of European Community and implemented in accordance with the procedure laid down in article 16 (2) of the Veterinary Services Act.
(4) The requirements of the European Community must be followed for the approval and subsequent updating of the list of quarantine centres referred to in sub- regulation (1)(a) and (b) and the sub-regulation (2)(a). Quarantine centres shall be subject to the inspection provided for in regulation 19.
The Veterinary Services shall publish the list of quarantine centres and any subsequent updates in the Malta Government Gazette.
(5) Sub-regulation (1)(b) and sub-regulation (3) and (4) shall not apply to quarantine centres which are solely for the animals referred to in regulation 8 (1),
animals of species not covered by Annex A to European Union Council Directive
90/425/EEC.
(6) All expenditure incurred pursuant to this regulation shall be chargeable to the consignor, the consignee or their representative, without compensation by the State.

veterinary legislation has not been complied with or there is doubt as to the identity of an animal, carry out any veterinary checks he or it deems appropriate.
(2) The appropriate administrative or penal measures shall be taken according to the procedure laid down in Part IX of the Veterinary Services Act, to penalise any infringement of veterinary legislation by natural or legal persons where it is found that European Community rules have been infringed, in particular where it is found that the certificates or documents drawn up do not correspond to the actual state of the animals, that identification marks do not comply with those rules or that the animals were not presented for inspection at a border post or that the animals have not been sent to the destination originally intended.

(a) to shelter, feed and water and, if necessary, treat the animals; or
(b) as the case may be, to place them in quarantine or to isolate the consignment;
(c) to re-dispatch, within a time limit to be set by the Veterinary Services, the consignment of animals outside the territory of Malta and one of the territories referred to in Annex I to European Union Council Directive 97/78/EC where animal health or animal welfare requirements so allow.
In this case, the official veterinarian of the border inspection post must –
(i) inform the other Member States by activating the information procedure provided for in regulation 4 (1)(d);
(ii) under arrangements to be defined in accordance with requirements of European Community and in accordance with the procedure laid down in article 16 (2) of the Veterinary Services Act, cancel the veterinary certificate or document accompanying the rejected consignment.
If re-dispatch is impossible, in particular for reasons of the welfare of the animals, the official veterinarian -
(iii) may, after agreement by the Veterinary Services and after ante-mortem inspection, authorise slaughter of the animals for human consumption under the condition laid down by European Community veterinary rules,
(iv) must, otherwise, order slaughter of the animals for purposes other than human consumption or order destruction of the carcasses, specifying the conditions regarding control of the use of the products obtained. The Veterinary Services shall inform the European Commission of cases where recourse is had to these derogations in accordance with sub-regulation (4).
(2) The importer or his representative shall be liable for the costs incurred in the measures provided for in sub-regulation (1), the process of destroying the consignment or using the meat for other purposes. The yield of the sale of the products referred to in the sub-regulation (1)(c)(iii) must revert to the owner of the animals or his representative, after deduction of the above costs.
(3) Detailed rules for the application of this regulation shall be adopted, as the need arises, in accordance with European Community rules and in accordance with the procedure laid down in article 16 (2) and (4) of the Veterinary Services Act.
(4) The information procedure provided for in regulation 4 (1)(d) shall be activated
(5) The Veterinary Services shall, where appropriate, communicate any information at their disposal in accordance with provisions of article 21 of the Veterinary Services Act.

and 7(4) of these regulations, the identification and registration provided for in article
3 (1) (c) of European Union Council Directive 90/425/EEC must, except in the case of animals for slaughter and registered equidae, be carried out at the place of destination of the animals, where appropriate after the observation period provided for in regulation 8 (5) of these regulations.
The procedures for identifying or marking animals for slaughter shall be determined in accordance with requirements of European Community and according to the procedure provided for in article 16 (2) of the Veterinary Services Act.

the welfare requirements during transport are being complied with, be applied under certain conditions, and in particular in the light of the results of checks which have already be carried out.

Decisions taken by the Veterinary Services at destination and the reasons for such decision shall be notified to the importer concerned by such decisions or his representative.
If the importer concerned or his representative so requests, the said decisions and reasons shall be forwarded to him in writing with details of the rights of appeal which are available to him under the law in force in Malta where the border inspection post is situated, and of the procedure and time limits applicable

Commission adopts one of the following measures without delay and depending on
the gravity of the situation suspend imports coming from all or part of the third country concerned, and where appropriate from the third country of transit, set special conditions in respect of animals coming from all or part of the third country concerned, the Chief Veterinary Officer of Malta shall, according to the procedure laid down in article 16 (3) of the Veterinary Services Act, implement for Malta the same measures without delay.
(2) If one of the checks provided for in these regulations indicates that a consignment of animals is likely to constitute a danger for animal or human health, the Chief Veterinary Officer shall immediately take the following measures –
(i) it shall seize and destroy the consignment,
(ii) it shall immediately inform the border inspection posts of the territory of Malta, the competent authorities of other Member States and the European Commission of the findings and of the origin of the animals, in accordance with regulation 12 (4).
(3) Where in the case provided for in sub-regulation (1), the European Commission takes interim protective measures in respect of animals covered by regulation 9, the Chief Veterinary Officer of Malta shall, in accordance with European Community rules and according to the procedure laid down in article 16 (3) of the Veterinary Services Act, implement for Malta the same measures without delay.
(4) In the case where veterinary services has informed the European Commission officially of the need to take safeguard measures and the Commission has not invoked sub-regulations (1) and (3) or has delayed its decision for procedure reasons, the Chief Veterinary Officer of Malta may take interim protective measures in respect of the animals in question. Where the Chief Veterinary Officer of Malta takes interim protective measures in respect of a third country under the terms of this paragraph, it shall inform the other Member States and the Commission in accordance with regulation 12 (5).
(5) Where European Commission decisions to extend, amend or repeal measures have been decided on pursuant to sub-regulation (1) (2), (3) and (4), the Chief Veterinary Officer of Malta shall, in accordance with European Community rules and according to the procedure laid down in article 16 (3) of the Veterinary Services Act, implement for Malta the same measures without delay.
(6) Detailed rules for the application of this chapter shall be adopted, where the need arises, in accordance with requirements of European Community and in accordance with the procedure laid down in article 16 (3) of the Veterinary Services Act.

with the Veterinary Services verify that the border inspection posts approved in accordance with regulation 6 and the quarantine centres approved in accordance with regulation 10 satisfy the criteria listed respectively in Schedules A and B.
In particular, access on the same basis as officials of the competent authority shall be given to all concerned persons, information and documentation as well as access to places, establishments, installations and means of transport in order for the checks to be carried out.
(2) Veterinary Services shall provide these veterinary experts with any assistance they may require in the performance of their tasks.

If the Veterinary Services believe the measures are insufficient it shall examine, with the competent authority of the Member State in question, the ways and means in which the situation could be remedied, where necessary by visiting the Member State in question.
Where the checks referred to in the first subparagraph show repeated non-compliance with these provisions, the Veterinary Services shall inform the European Commission and the competent authorities of the other Member States.
The Veterinary Services may intensify checks on animals coming from these sources. In the context of this paragraph, and in the case where Malta is the Member State where it is considered that European Union Council Directive 91/496/EEC is not being complied with at a border inspection post the Veterinary Services must apply the measures foreseen for the Member State in question.

(2) Veterinary Services shall take all the measures necessary to allow implementation of the programmes resulting from the co-ordination referred to in regulation (1).
(3) Each year, the implementation of programmes shall be reviewed on the basis of reports drawn up by the Member States.
(4) Veterinary Services shall take into account the experience gained in order to improve and develop the exchange programmes.

In order to obtain European Community approval, border inspection posts must have
–
1) a dedicated access lane for the transport of live animals so that the animals are spared unnecessary waiting;
2) facilities (which must be easy to clean and disinfect) for loading and unloading the different means of transport, inspection, feeding, watering and treatment of the animals, with adequate space, lighting and ventilation for the number of animals to be inspected;
3) sufficient numbers, in relation to the numbers of animals dealt with by the border inspection post, of veterinary and auxiliary staff specially trained to carry out checks on the accompanying documents and the clinical checks referred to in regulations 4,
5, 8 and 9 of these regulations;
4) sufficiently large premises at the disposal of the staff responsible for carrying out veterinary checks, including changing rooms, showers and toilets;
5) appropriate premises and facilities for taking and processing the samples for the routine checks laid down in European Community veterinary rules;
6) the services of a specialised laboratory able to carry out special tests on the samples taken at the post;
7) the services of an undertaking in the immediate vicinity which has the facilities and equipment to house, feed, water, treat and, if necessary, slaughter the animals;
8) where such posts serve as stopping or transfer points for animals during transport, suitable facilities for the animals to be unloaded, watered, fed, housed properly where necessary and given the requisite treatment or if necessary to be slaughtered on the spot in a way which spares them unnecessary suffering;
9) appropriate equipment permitting the rapid exchange of information with other border inspection posts and the other veterinary authorities by means of the computerised information exchange system ANIMO;
10) equipment and facilities for cleaning and disinfecting.

General conditions for the approval of quarantine centres
1) The requirements of Schedule A, points 2, 4, 5, 7, 9 and 10 shall apply.
2) In addition, quarantine centres must –
- be placed under the permanent control and under the responsibility of the official veterinarian,
- be located at a distance from holdings or other places where animals are kept which are likely to be infected by contagious diseases,
- have an efficient control system so as to ensure adequate surveillance of the animals.