maintain or establish Stud-Books for Registered Equidae Regulations, 2003

B

L.N. 329 of 2003

VETERINARY SERVICES ACT, 2001

(ACT NO. XXIII OF 2001)

Criteria for the approval or Recognition of Organisations and Associations which

maintain or establish Stud-Books for Registered Equidae Regulations, 2003

IN exercise of the powers conferred by article 34(d) of the Veterinary Services Act, 2001, the

Minister for Rural Affairs and the Environment has made the following regulations:-

Title and Scope

(1) The title of these regulations is the Criteria for the Approval or Recognition of

Organisations and Associations which maintain or establish Stud-Books for Registered

Equidae Regulations, 2003.

(2) The scope of these regulations is to implement the provisions found under

European Commission Decision 92/353/EEC laying down the criteria for the approval or

recognition of organisations and associations which maintain or establish stud-books for

registered equidae. This Decision finds a legal basis under European Union Council Directive

90/427/EEC, article 4(2)(a).

Approval and recognition of organisations or associations which maintain stud-books

In order to be officially approved or recognised, an organisation or association which maintains stud-books,

establishes sections of stud-books, and establishes stud-books for registered equidae must

1. have legal personality in accordance with the legislation in force in the territory of Malta or in the Member

State where the application is made;

2. satisfy the competent authorities that it

(a) operates efficiently;

(b) complies with the principles laid down in accordance with paragraph 3 (b) of the Schedule by the

organisation or association which maintains the stud-book of the origin of the breed, if it is not an organisation or

association which itself maintains that stud-book of the origin of the breed;

(c) can carry out the checks necessary for recording pedigrees;

(d) has a sufficient number of equidae to carry out an improvement or selection programme or to

preserve the breed where this is considered necessary;

(e) can provide the data (on performance for instance) necessary to carry out an improvement, selection

or preservation programme;

3. have established principles on

(a) the system for providing data (on performance for instance) whereby equidae can be evaluated for

the purpose of improvement, selection and breed preservation;

(b) in the case of an organisation or association which maintains a stud-book of the origin of the breed

-the system for recording pedigrees,

-the definition of the characteristics of the breed (or breeds) or the population covered by the stud-book,

-the principles of the system for identifying equidae,

-the definition of its basic objectives of selection,

-the division of the stud-book, if there are different conditions for entering equidae, or if there are

different procedures for classifying equidae entered in the book,

-lineages entered in one or more other stud-books, where necessary;

4. Have rules of procedure which provide, in particular, for non-discriminatory treatment of breeders. However,

in the event that for one breed in the territory of the Member States there are several organisations or associations

which between them cover the whole of that territory, the rules of procedure of an organisation or association

may provide that equidae must be born in a given territory to qualify for entry for birth declaration purposes. This

restriction does not apply to entry for reproduction purposes.

Mitbug] fl-Istamperija tal-Gvern — Printed at the Government Printing Press

In order to be officially approved or recognised, organisations or associations which

maintain or establish stud-books must submit an application to the authorities of the Member

State in whose territory their headquarters are situated.

Procedure laid down in regulation 2

(1) When Malta as Member State is concerned by the procedure laid down in

regulation 2, the authorities concerned must grant official approval or recognition to any

organisation or association which maintains or establishes a stud-book, provided it meets the

conditions laid down in the Schedule to these regulations.

(2) However, where one or more officially approved or recognised organisations or

associations already exist in respect of a given breed, the authorities may refuse to recognise a

new organisation or association -

(a) if it endangers the preservation of the breed or jeopardises the operation or

the improvement or selection programme of an existing organisation or

association, or

B

(b) if equidae of that breed may be entered or registered in a specific section of

a stud-book maintained by an organisation or association which applies in

particular for that section the principles laid down in accordance with

paragraph 3 (b) of the Schedule therin by the organisation or association

which maintains the stud-book of the origin of that breed.

(3) The concerned authorities shall inform the European Commission of any official

approval or recognition granted, as well as contested refusals.

(4) Where an organisation or association is refused official approval or recognition, the

reasons for the refusal must be communicated in writing to the association or organisation.

Withdrawal of official approval

The authorities in question shall withdraw official approval or recognition from any

organisation or association which maintains a stud-book if it no longer consistently meets the

conditions laid down in the Schedule hereto.

B