No application for Pooch’s medicine

I am greatly saddened by the loss suffered by Ray Fenech and I am aware no amount of explanation will alleviate his grief. (Pooch Put To Sleep As Bureaucracy Delays Vital Dog Medicinal, February 18). It is however not possible to ignore the allegations made.

It was claimed that a small box of medicinal treats which arrived on February 11 were held up because the trade directorate at the Commerce Department was demanding a licence before releasing it from Customs.

At the outset it must be underlined that when enquiring on February 11, to see whether the items required an import licence, the courier (referred to in the article) was informed that for such items coming from outside the EU an import licence is required and that this would be issued after endorsement from the Agriculture and Fisheries Regulation Department (commonly referred to as il-Veterinarju tal-Gvern). At no time did the department refuse or delay the issue of a licence since no application was in fact made. Indeed, had the application been made it would have been issued there and then provided the endorsement of the Agriculture and Fisheries Regulation Department had been secured.

Furthermore, though in her articles the journalist claims she did not receive any answers to her queries, she fails to point out that on Tuesday, February 15, she twice spoke to Peter Vella, assistant director trade services – the person with the most experience at the Commerce Department in the area of import licences. Mr Vella, though indicating that queries by the media are handled through the director general’s office, answered all her questions about the procedure.

For the sake of clarity it should be explained that it is the Customs Department that releases goods not, as indicated in the article, the Commerce Department.

It does so after it diligently ensures that all necessary conditions are fulfilled as befits the Customs Department of a country. If one of the conditions is a licence, then the goods cannot be released without a licence.

However, this is not a mere bureaucratic requirement.

It is worth noting that over the years the great majority of items imported into Malta were rendered exempt from the need of having an import licence more so after accession to the European Union. While the list of items requiring a licence if transferred from other member states is relatively small, for reasons of health, safety, environment protection and public order, the import of several items remain under licence if coming from non-EU countries. (SL.117.14 Importation Control Regulations – Legal Notice 242 of 2004, second schedule). A licence can only be issued by the Commerce Department if this is sanctioned by the respective regulatory authority.

The normal procedure to be followed is for a person to first check whether a licence is needed and what authorisations are required. If a licence is needed the item should be ordered after the licence is issued. One should not first order the product and then seek to get a licence, for it could well be that a licence would not be issued if authorisation from the regulatory authority is not possible for reasons of health, safety, environment protection and public order as already mentioned above.

Finally I would like to underline that while every effort is made to facilitate matters, the release of products which fall under a licence is not to be taken lightly. If a product requires a licence to be imported, the reason is that it requires clearance from the respective regulatory authority for a compelling reason, otherwise the requirement would not be there in the first place.

Editor’s Note: When our reporter spoke to Mr Vella she was told the conversation was off the record, so she could not use the information.