|
|
Home
| Databases
| WorldLII
| Search
| Feedback
Maltese Laws |
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:-
Title, scope and applicability1. (1) The title to these regulations is Procedure for Veterinary Checks atBorder Inspection Posts on Products from Third Countries Regulations, 2004.
(2) The scope of these regulations is to implement the rules under European Union Commission Decision 93/13/EEC laying down the procedure for veterinary checks at European Community border inspection posts on products from third countries. These regulations also implement the amendments found under European Union Commission Decision 2003/279/EC amending European Union Commission Decision 93/13/EEC in respect of the certificate of veterinary checks on products from third countries. Commission Decision 2003/279/EC replaces the text of Annex B to European Union Commission Decision 93/13/EEC.
(3) The documentary and the identity checks must be carried out according to
Schedule A.
(4) Importers or their representatives must, using a document based on the model laid down in Schedule B, inform the veterinary staff of the border inspection post in advance of arrival of the products. The document shall be drawn up in four copies (one original and three copies) and the importer or his representative must -
- fill in section 1 on all four copies,
- transmit a copy to the customs authorities of the border inspection post,
- transmit the original and the two remaining copies to the official veterinarian responsible for the border inspection post.
(5) The document based on the model laid down in Schedule B must be made out in at least in one of the languages of the territory of Malta and in the language or in one of the languages of the possible Member State of destination of the product.
(6) Without prejudice to sub-regulation (5), the information contained in the document based on the model laid down in Schedule B may, with the agreement of the Veterinary Services, to be made the object of a prior notification through telecommunications or other systems of data transmission.
B 754
Physical and laboratory checks and analysis of official samples2. Physical checks, laboratory tests and analyses of official samples must be carried out in accordance with the requirements of Schedules C and D.Completion of document after the checks are completed3. (1) After completion of the checks mentioned in regulations 1 and 2, section2 of the document based on the model laid down in Schedule B has to be completed under the responsibility of the official veterinarian responsible for the border inspection post and must be signed by him; then the original must be passed to the customs authorities at the border inspection post, one copy given to the importer or his representative and the second copy retained at the post.
(2) The official veterinarian shall retain original certificates or health documents accompanying the consignment as well as the copy of the document based on the model laid down in Schedule B for at least three years.
Veterinary checks indicating that the product should not be imported4. (1) If the veterinary checks carried out indicate that the product should not be imported into the European Community, the Veterinary Services, after consulting the importer or his representative, shall decide with all speed either to return or to destroy it.(2) If the Veterinary Services decides to destroy the consignment, it must take all necessary measures to ensure that the consignment and the destruction operation remains at all times under official control. The destruction of the consignment must be carried out in the border inspection post installation or in appropriate installations as near as possible to that border inspection post.
(3) If, in derogation to sub-regulation (1), the Veterinary Services in application of article 17 (4) of European Union Council Directive 97/78/EC accepts that the products may be imported only for certain uses other than human consumption, treatment and transport of these products shall be done only under the supervision of the Veterinary Services and in accordance with European Union Council Regulation (EC) 1774/2002. Moreover, the Veterinary Services at the place of destination of the registered plant shall be informed of the operation through the Animo network, or pending the implementation of the latter, by telecommunication or by any data transfer system.
(4) The procedures described in sub-regulations (1), (2) and (3) shall also apply where the inspections carried out by the Veterinary Services at the border crossing point reveal infringements mentioned in article 17 (2) of European Union Council Directive 97/78/EEC. However, measures in the sense of article 17 of the European Union Council Directive 97/78/EEC may only be taken by the official veterinarian responsible for the nearest border inspection post. All the consignments which are rejected shall be notified immediately by telecommunication or by any data
B 755
transfer system to the Veterinary Services and when necessary, the competent authority of the Member State of destination.
Products not subject to systematic veterinary checks5. (1) Without prejudice to specific European Community veterinary rules for certain products, the products referred to in points (a) (b) (d) of article 16 (1) of the European Union Council Directive 97/78/EEC shall not be the subject of the systematic veterinary checks set out in Chapter I of this these regulations if they are less than 1 kilo in weight and destined for human consumption. However all necessary measures must be taken to ensure that only such products from approved or parts of approved countries are introduced into the territory of the European Community via the Border Inspection Post of the territory of Malta.(2) The first sub-regulation shall not affect the animal health and public health rules set out in the appropriate European Community veterinary legislation.
Plant products6. (1) Plant products listed in Schedule E are submitted to the veterinary checks specified in regulation 1 (3).(2) Importation of plant products listed in Schedule E originating from the countries or parts of third countries listed in Schedule F shall be authorised where the importation from these countries or parts of third countries is not prohibited.
(3) The requirements of article 17 of European Union Council Directive
97/78/EEC apply mutatis mutandis to plant products when the veterinary checks indicate that they do not satisfy the conditions of these regulations.
Trade rules7. As from the 1st of March, 2004, any importation into the territory of Malta from third countries into the European Community, will fall under the scope of these regulations which apply trade rules found under European Community rules.
B 756
SCHEDULE ADetailed rules for documentary and identity checks on products from third countries1. For each consignment, the Veterinary Services must ascertain the customs destination.
2. Each certificate or document for animal health or public health which accompanies a consignment of products originating in a third
country must be inspected in order to confirm -
(a) that it is an original certificate or document;
(b) that it refers to a third country or part of a third country authorised to export to the
European Community, or for non-harmonised products, to the Member State concerned;
(c) that its presentation and content correspond to the specimen drawn up for the product and third country concerned;
(d) that it consists of a single sheet of paper; (e) that it has been fully completed;
(f) that the date of issue of the certificate or document for animal health or public health relates to that of the loading of the
products for their dispatch towards the European Community;
(g) that it is made out to a single recipient;
(h) that it relates to an establishment authorised to export to the European Community, or for non-harmonised products, to the Member
State concerned;
(i) that it is drawn up in at least one of the official languages of the territory of Malta;
(j) that it is signed by the official veterinarian or where appropriate the representative of the official authority and shows legibly
and in capitals, his name and position, and also that the official health stamp of the third country is in a different colour to
that of the printing of the certificate;
(k) that the information given in the certificate is in conformity to that in the document based on the model laid down in Schedule
B pertaining to the consignment.
3. It is necessary that visual inspections shall be carried out to ensure that the products match the information given in the veterinary
certificates or documents accompanying the consignment; this procedure should include amongst others –
(a) verification of the seals on the means of transport where this is required;
(b) for all types of products, a check for the presence and conformity of the official stamp or health marks identifying the country
and establishment of origin and that these correspond to those on the certificate or document;
B 757
SCHEDULE B<.. image removed ..>
B 758
<.. image removed ..>
B 759
NOTES FOR GUIDANCE FOR THE SCHEDULE B CERTIFICATE (1)Part 1: This section is for completion by the declarant or person responsible for the load as defined in European Union Council Directive 97/78/EC article 2(2)(e). Notes are shown against the relevant box numberGeneral: Complete the certificate in capitals. Where there is an option to delete a box or it is not relevant, clearly deface or cross out
the whole numbered box. To positively indicate any option, tick or mark the <.. image removed ..>sign.
This certificate is to be completed for all consignments presented to a border inspection post, whether they are for consignments
presented as meeting EU requirements and are for free circulation, consignments that will be subject to channelling, or those consignments
not meeting EU conditions and destined for transhipment, transit, or their placing in free zones, free warehouses or
customs warehouses or for ship suppliers (chandlers). Channelling refers to consignments accepted under the conditions laid down
in article 8 of European Union Directive 97/78/EC but that remain under veterinary control until a specified final destination
is reached, usually for further treatment.
ISO codes where indicated refer to the international standard two letter code for any country.
The CVED reference number is the unique reference number given by the border inspection post issuing the certificate (repeated in
box 25). The ANIMO unit number is unique to the
border inspection post and is listed against its name on the list of approved border inspection
posts published in the Official Journal.
2(2)(e) of the European Union Directive 97/78/EC, who is in charge of the consignment when presented to the border inspection post and makes the necessary declarations to the competent authorities on behalf of the importer: give the name, address.
Box 5. Importer - The importer may be remote from the actual border inspection post: give the name, address. If the importer and agent are the same indicate "As box 2".Box 6. Country of origin - This refers to where the final product was produced, manufactured or packaged.Box 7. Country from where consigned - This refers to the country where the consignment was placed aboard the means of final transport for the journey to the EU.Box 8. Include the delivery address in the EU. This applies both to conforming (Box 19) and to non conforming (Box 22) products.Box 9. Give the estimated date that consignments are expected to arrive at the border inspection post.Box 10. Veterinary Certificate, document: date of issue - The date that the certificate/document was signed by the official veterinarian or the competent authority. Number - give the unique official number of the certificate. For products from an approved or registered establishment or vessel, indicate the name and approval, registration number where appropriate. For embryos, ova or semen straws give an identity number of the approved collection team.(1) Notes for guidance may be printed and distributed separately from the certificate itself.
B 760
Box 11. Give full details of the means of arrival transport: for aircraft the flight number and airway bill number, for vessels the ship name and bill of lading number, for road vehicles the registration number plate with trailer number if appropriate, for railways the train identity and wagon number.Box 12. Nature of the goods - Indicate the species of animal, the treatment undergone by the products and the number and type of packages that comprise the load e.g. 50 boxes of 25 kg or the number of containers. Tick the appropriate transport temperature.Box 13. CN code - Give as a minimum the first four digits of the relevant Combined Nomenclature, CN code, established under European Union Council Regulation (EEC) No. 2658/87 as last amended. These codes are also listed in European Union Commission Decision 2002/349/EC (and are equivalent to the HS headings). Where there is one certificate with one consignment having contents with more than one commodity code, the additional codes may be annotated onto the CVED as appropriate.Box 14. Gross weight - Overall weight in kg. This is defined as the aggregate mass of the products with immediate containers and all their packaging, but excluding transport containers and other transport equipment.Box 15. Net weight - Weight of actual product excluding packaging in kg. This is defined as the mass of the products themselves without immediate containers or any packaging. Use Units where a weight is inappropriate e.g. 100 semen straws of X ml. or three biological strains/embryos.Box 16. Give all seal and container identification numbers where relevant.Box 17. Transhipment. Use where a consignment is not to be imported at this border inspection post but is to travel onward in another vessel or aircraft either for importation into the EU at a second and subsequent border inspection post in the Community, EEA, or for a third country destination. Animo unit number - see Box 2.Box 18. Transit - For consignments that do not conform to EU requirements and are destined for a third country by movement across the EU/relevant EEA state by road, rail or waterway transport.Exit BIP - Name of the border inspection post where the products are to leave the EU. Animo unit number - see Box 2.
Box 19. Conforming products - All products that will be presented for free circulation in the internal market including those that are acceptable but will be subjected to a "channelling procedure" and those that after receiving veterinary clearance as acceptable for free circulation, may be stored under customs control, and receive customs clearance at a later stage, either at the customs office on which the border inspection post is geographically dependent, or at another location.Non conforming products - Those products not meeting EU requirements and that are for free zones, free warehouses, customs warehouses, ship chandlers or ships, or transit to a third country.
Box 20. Re-import refers to consignments of EU origin that have been refused acceptance or entry to a third country, and are being returned to the establishment of origin in the EU.Box 21. Internal market: This is for consignments that are being presented for distribution in the single market. Tick the category for which the consignment is being presented. This also applies to those consignments that after receiving veterinary clearance as acceptable for free circulation, may be stored under customs control, and receive customs clearance at a later stage, either at the customs office on which the border inspection post is geographically dependent, or at another location.B 761
Box 22. Complete this box for all non EU conforming products where the consignment will be delivered to and stored under veterinary control in a free zone, a free warehouse, a customs warehouse or a ship supplier (chandler).NB boxes 18 and 22 refer to veterinary procedures only.
Box 23. Signature. This commits the signatory also to accepting back consignments in transit that are refused entry by a third country.Part 2. This section is for the completion by the official veterinarian or designated official agent(as in European Union Commission Decision 93/352/EEC) onlyFor boxes 38 to 41 use a colour other than blackBox 24. Previous CVED - If there has been a previous CVED issued, indicate the serial number of this certificate.Box 25. This refers to the unique reference number given by the border inspection post issuing the certificate and is as in Box 2.Box 26. Documentary check. To be completed for all consignments.Box 27. Tick "seal check" where containers are not opened and the seal only is checked according to article 4(4)(a)(i) of European Union Council Directive 97/78/EC.Box 28. Physical checks –Reduced checks refers to the regime laid down in European Union Commission Decision
94/360/EEC where the consignment has not been selected for a physical check but is considered checked satisfactorily
with documentary and identity check only.
"Other" refers to - re-import procedure, channelled goods, transhipment, transit or regulation
12 and 13 procedures. These destinations can be deduced from other boxes.
B 762
Boxes 33 and 34. Are to be used where consignments cannot be accepted for release for free circulation under veterinary rules, but are considered higher risk and are to be sent under veterinary and customs control to one of the controlled destinations foreseen in the European Union Council Directive 97/78/EC. Acceptance for free zones, free warehouses and customs warehouses can only be granted when requirements laid down in article 12(4) of European Union Council Directive 97/78/EC are fulfilled.Box 33. For use where consignments are accepted but must be channelled to a specific destination laid down in articles 8 or 15 of the European Union Council Directive 97/78/EC.Box 34. Use for all non EU conforming consignments destined to be moved to or stored in warehouses approved in accordance with regulation 12 (4) or to operators authorised under article 13 of the European Union Council Directive 97/78/EC.Box 35. Indicate clearly when import is refused, the subsequent process to be carried out. Give the date for completion of the action proposed. The address of any transformation establishment should be entered in Box 37. After rejection or a decision for transformation, the date for further action should be also recorded in the "follow up action register."Box 36. Reasons for refusal: for use as appropriate to add relevant information. Tick the appropriate box. Item 7 is for hygiene failure not covered by 8, 9, including temperature control irregularities, putrefaction, or dirty product.Box 37. Give approval number and address (or ship name and port) for all destinations where further veterinary control of the consignment is required i.e. for Boxes 33 - Channelling, 34 - Warehouse procedure, 35 - Transformation or destruction.Box 38. Use this box when the original seal recorded on a consignment is destroyed on opening the container. A consolidated list of all seals that have been used for this purpose should be kept.Box 39. Put here the official stamp of the border inspection post or competent authority.Box 40. Signature of the veterinarian, or in case of ports handling fish only, of the designated official agent as laid down in European Union Commission Decision 93/352/EC.Box 41. This box to be used by the transit border inspection post of exit from the EU when consignments are sent in transit across the EU and are checked outwards as laid down in European Union Commission Decision 2000/208/EC.Box 42. For use by customs services to add relevant information (e.g. for the number of the customs T1 or T5 certificate) where consignments remain under customs control for a period. This information is normally added after signature by the veterinarian.Box 43. For use when the original CVED certificate must remain at any one location and further"daughter" CVED certificates must be issued.
SCHEDULE CDetailed rules for physical checks on products1. The physical check on each consignment must be carried out under conditions permitting the required inspection and testing to be
carried out satisfactorily.
2. Each consignment must be inspected to check the conditions and means of transport, in particular to confirm that -
(a) the temperature conditions comply with the requirements for the products concerned if laid down in European Community rules or,
where none exist, in the relevant national rules;
(b) the conditions of transport have maintained the products in the required state;
B 763
(c) there is no reason to suspect abnormalities during transport.
3. The conformity of the products with the information on the certificate must be confirmed, on the basis, in particular, of the following
procedures -
(a) verification that the number of items or packages mentioned on the accompanying certification corresponds to the weight of the
consignment by example of the weight of one item or package;
(b) verification that the packaging, wrapping or envelope used fulfils the European Community requirements or, where applicable,
national requirements - material used, state, presence of marks and, or indications required.
4. Each lot submitted to a physical examination to verify, after opening of the packaging, wrapping or envelope, that the conditions
foreseen for the product concerned in the corresponding European veterinary legislation or, where none exist, the relevant national
legislation are satisfied.
With this aim in view an organoleptic examination, particularly visual examination, must be carried out on each consignment to check
for abnormalities rendering the product unfit for the use given on the veterinary certificates or accompanying documents; these examinations
shall be carried out on in principle 1 % of the items or packages of the consignment, with a minimum of two and a maximum of ten.
For loose products, the examination shall be made on at least five separate samples distributed throughout the consignment.
At any time, during the examination of the products, the official veterinarian may derogate from the maximum laid down above.
In addition to the physical checks referred to above, public health inspection of products intended for human consumption must include
-
- measurement of the temperature of the product, if European Community or, where applicable, national veterinary rules
so require,
- checks for abnormalities in appearance, consistency, colour, smell and, where appropriate, taste; for frozen or deep-frozen products,
inspection shall be carried out after thawing of the products.
5. In addition, the veterinarian shall, whenever he deems necessary, require any additional examinations to be carried
out to verify compliance with veterinary legislation governing imports of or trade in these products.
6. In the event of doubt, additional physical and laboratory examinations shall be carried out on the products after the consignment
has been fully unloaded, and if necessary the determination of the species.
7. In addition to the formalities referred to in regulation 3, Veterinary Services shall take all necessary steps to indicate that
an official physical control of the consignment has been carried out, particularly by resealing and placing the official stamp on
all packages handled and by resealing all containers
opened, mentioning the seal number indicated in the document in Schedule B and on certificates or
documents accompanying the consignment.
1. Pending approval of European Community monitoring plans, Veterinary Services must submit consignments of products presented for importation to a monitoring plan, to verify if European Community veterinary legislation is respected, or where applicable national rules, in particular, to detect residues, pathogenic organisms or other substances dangerous to humans, animals or the environment.
B 764
These monitoring plans must take into account the nature of the products and the risk that they present. In all cases, the official
veterinary surgeon of the border inspection post which carried out testing under this monitoring plan must inform the competent authority
at the place of destination and mention the testing in the document based on Schedule B that is made out to certify the veterinary
checks that are carried out. When the testing concerns a substance or a pathogenic agent which presents a direct or immediate animal
or public health risk, the official veterinarian responsible for the border inspection post who carried out the test or the competent
authority at the place of destination that has been informed may withhold the consignment from release until the results of the laboratory
test are known. Veterinary Services have to inform the Member States and the European Commission of positive results found during
the execution of the monitoring plans, so that the veterinary checks may be altered as a result of the information gathered.
2. When, in particular following the examination of a consignment, or on the basis of information received from another Member State
or from the European Commission, or on the basis of a result of an unfavourable examination on a previous consignment, the Veterinary
Services decides to carry out a laboratory examination, the consignment may only be sent to its destination on the condition that
this laboratory examination has given satisfactory results. In the meantime the consignment remains under the control of the
responsible veterinarian of the border inspection post that has carried out the veterinary controls.
1. Straw.
2. Hay.
and in the border area with Botswana east of longitude 28 o )
SwitzerlandGreenlandUnited States of America
WorldLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.worldlii.org/mt/legis/laws/vsanxo2001pfvcabipopftcr200485o20041477