certain Live Animals and Products Regulations, 2003

B

L.N. 353 of 2003

VETERINARY SERVICES ACT, 2001

(ACT NO. XXIII OF 2001)

Veterinary and Zootechnical Checks applicable in Trade with Member States in

certain Live Animals and Products Regulations, 2003

IN exercise of the powers conferred by article 15(1)(3), (4) and (5) of the Veterinary

Services Act, 2001, the Minister for Rural Affairs and the Environment has made the

following regulations:-

Title, scope and commencement

(1) The title of these regulations is the Veterinary and Zootechnical Checks

applicable in Trade with Member States in certain Live Animals and Products

Regulations, 2003.

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

Union Council Directive 90/425/EEC concerning veterinary and zootechnical checks

applicable in intra-Community trade in certain live animals and products with a view

to the completion of the internal market.

(3) Veterinary checks to be carried out on live animals and products which are

covered by the European Community legislation listed in Schedule A, or on those

referred to in the first paragraph of regulation 16 and which are intended for trade

with Member States are no longer carried out, without prejudice to regulation 7, at

frontiers but are carried out in accordance with these regulations.

Furthermore checks on zootechnical documents are subject to the control rules laid

down by these regulations.

These regulations shall not affect checks carried out as part of tasks conducted in a

non-discriminatory manner by authorities responsible for the general application of

laws in the territory of Malta.

These regulations shall not apply to veterinary checks on movements between

Member States of pets accompanied by and under the responsibility of a natural

person, where such movements are not the subject of a commercial transaction.

Definitions

CHAPTER I

VETERINARY LEGISLATION

Section 1

(a) (Corresponding to the Veterinary Services Act, article 8 “Movement of live

animals and germinal products”)

European Union Council Directive 64/432/EEC of 26 June 1964 on animal health

problems affecting intra-Community trade in bovine animals and swine (OJ 121

For the purposes of these regulations -

(1) “Centre or organisation” shall mean any undertaking which produces,

stores, processes or handles the products referred to in regulation 1;

B

(2) “Competent authority” shall mean the central authority of a Member State

competent to carry out veterinary or zootechnical checks or any authority to which it

has delegated that competence; for the territory of Malta, the competent authority is

represented by the Veterinary Services;

(3) “Holding” shall mean an agricultural establishment or premises of a dealer,

as defined by the national rules in force, situated in the territory of Malta and in which

the animals referred to in Schedules A and B, with the exception of equidae, are held

or regularly kept and the holding as defined in article 2 (a) of European Union

Council Directive 90/426/EEC on animal health conditions governing the movement

and import from third countries of live equidae;

(4) “Official veterinarian” shall mean the veterinarian appointed by the

competent authority;

(5) “Trade” shall mean exchanges between the territory of Malta and a

Member State;

(6) “Veterinary check” shall mean any physical check and, or administrative

formality which applies to the animals or products referred to in regulation 1 and

which is intended for the protection, direct or otherwise, of public or animal health;

(7) “Zootechnical check” shall mean any physical and, or administrative

formality which applies to the animals covered by the regulations mentioned in

section II of Schedule A and which is intended for the direct or indirect improvement

of the breeds;

Furthermore, for the purposes of these regulations “trading partner” as referred in

article 2 of the Veterinary Services Act shall mean -

(a) Member States of the European Community;

(b) Third countries to the European Community;

where relevant.

CHAPTER I

Checks at origin

The animals and products which may be the subject of trade

ANIMALS AND PRODUCTS NOT SUBJECT TO HARMONISATION BUT

TRADE WHICH WILL BE SUBJECT TO THE CHECKS PROVIDED FOR IN

THESE REGULATIONS

CHAPTER I

Veterinary legislation other live animals not listed in Schedule A, Chapter I.

CHAPTER II

Veterinary legislation semen, ova and embryos not listed in Schedule A, Chapter

I.

(1) In the territory of Malta, only the animals and products referred to in

regulation 1 that fulfil the following conditions may be the subject of trade -

(a) the animals and products referred to in Schedule A must satisfy the

requirements of the relevant Community legislation listed in the said Schedule

and the animals and products referred to in Schedule B must fulfil the animal

health requirements of the Member State of destination;

(b) they must come from holdings, centres or organisations which are subject

to regular official veterinary checks in accordance with sub-regulation (3);

(c) they must, on the one hand, be identified in accordance with the

requirements of European Community rules and, be registered in such a way

that the original or transit holding, centre or organisation can be traced.

Veterinary Services must take appropriate measures to guarantee that the

identification and registration systems applicable to intra-Community trade are

extended to the movement of animals within the territory of Malta;

(d) they must, when transported, be accompanied by health certificates and, or

any other documents as provided for in the European Community legislation

referred to in Schedule A and, for the other animals and products, by the rules

of the Member State of destination;

Those certificates or documents, issued by the official veterinarian responsible

for the holding, centre or organisation of origin and, in the case of documents

required by the zootechnical legislation referred to in section II of Schedule A,

by the competent authority, must accompany the animal, animals and products

to its or their destinations;

(e) susceptible animals, or products of susceptible animals, must not originate

(i) from holdings, centres or organisations, areas or regions which are

subject to restrictions determined in accordance with European

Community rules, where applicable, for the animals concerned or

products from the animals concerned because of the suspicion,

outbreak or existence of a disease referred to in Schedule C or because

of the application of safeguard measures;

(ii) from a holding, centre, organisation, area or region which is the

subject of official restrictions because of the suspicion, outbreak or

existence of a disease other than those referred to in Schedule C or of

the application of safeguard measures;

(iii) in cases where they are intended for holdings, centres or

organisations situated in the Member States which have obtained the

guarantees pursuant to article 9 of European Union Council Directive

64/432/EEC or other equivalent European Community rules which

have been or will be adopted or in a State recognised, by Community

legislation as free, in all or part of its territory, of a disease, from a

holding which does not provide the guarantees which may be required

by that Member State with respect to diseases other than those listed in

Schedule C;

(iv) when they are intended for a Member State or part of the territory

of a Member State which has benefited from the guarantees pursuant to

article 9 of European Union Council Directive 64/432/EEC or other

equivalent European Community rules which have been or will be

adopted, from a holding, centre or organisation and, should the case

B

arise, from a part of the territory which does not offer the additional

guarantees provided for.

The Veterinary Services shall ensure, before issuing the certificate or

accompanying document, that the holdings, centres or organisations

comply with the requirements provided for in this point;

(f) where the transport operation involves several places of destination,

animals and products must be grouped together in as many consignments as

there are places of destination. Each consignment must be accompanied by the

certificates and/or documents referred to in sub-paragraph (d);

(g) where animals and products covered by the European Community

legislation referred to in Schedule A which comply with European Community

rules are intended for export to a third country through the territory of a

Member State, the transport operation must except in cases of urgent need

duly authorised by the Veterinary Services in order to ensure the welfare of

the animals remain under customs supervision up to the point of exit from

European Community territory, in accordance with detailed arrangements to

be drawn up in accordance with requirements of European Community and

under the procedure laid down in the Veterinary Services Act, article 15.

Moreover, in the cases of animals and products not complying with European

Community rules or animals and products referred to in Schedule B, transit

may take place only if it has been expressly authorised by the competent

authority of the Member State of transit.

(2) In the territory of Malta, the competent authority shall ensure that –

(a) the animals and products referred to in regulation 1 which might have to be

slaughtered under a national program for the eradication of diseases not

referred to in Schedule C are not dispatched to the territory of a Member State;

(b) the animals and products referred to in Schedule A or the animals and

products referred to in Schedule B are not dispatched to the territory of a

Member State if they cannot be marketed on their own territory for health or

animal health reasons justified by the Treaty.

(3) Without prejudice to the monitoring duties assigned to the official

veterinarian under European Community legislation, the competent authority shall

carry out checks on holdings, approved markets and assembly centres, centres or

organisations in order to satisfy itself that animals and products intended for trade

comply with European Community requirements for trade and in particular fulfil the

conditions laid down in sub-regulation (1) (c) and (d) with regard to identification.

Where there are grounds for suspecting that these requirements are not being met, the

competent authority shall carry out the necessary checks and, if the suspicion is

confirmed, take the appropriate measures, which may include isolation of the holding,

centre or organisation concerned.

(4) Detailed rules for the application of this regulation, in particular to take

account of the species concerned, may be adopted in accordance with requirements of

the European Community and under the procedure laid down in the Veterinary

Services Act, article 15.

Measures which must be taken by the Veterinary Services

List of diseases or epizootic diseases, subject to mandatory emergency action,

with territorial restrictions (territory of Malta, other Member States, regions or

zones)

- Foot and mouth disease (FMD)

- Classical swine fever (CSF)

- African swine fever (ASF)

- Swine vesicular disease (SVD)

- Newcastle disease (ND)

- Rinderpest

- Peste des petits ruminants (PPR)

- Vesicular stomatitis (VS)

- Blue tongue

- African horse sickness (AHS)

- Viral equine encephalomyelitis

- Porcine enterovirus encephalomyelitis (was Teschen disease)

- Avian influenza (was fowl plague)

- Sheep and goat pox

- Lumpy skin disease

- Rift valley fever

- Contagious bovine pleuropneumonia

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

(1) In the territory of Malta as Member State of dispatch, Veterinary

Services shall take the necessary measures to ensure that -

(a) the holders of livestock and products referred to in regulation 1 comply

with the national or European Community health or zootechnical requirements

referred to in these regulations at all stages of production and marketing;

(b) the animals and products referred to in Schedule A are checked at least as

carefully, from a veterinary viewpoint, as if they were intended for the

national market, unless specifically provided otherwise by European

Community rules;

(c) animals are transported in suitable means of transport which satisfy

hygiene rules.

(2) The Veterinary Services which issued the certificate or document

accompanying the animals and products shall communicate, on the day on which they

were issued and by means of the computerised system ANIMO, to the central

competent authority of the Member State of destination and to the competent

authority of the place of destination, the necessary data which are requested by this

European Community information system.

(3) Appropriate measures to penalise any infringement of veterinary or

zootechnical legislation by natural or legal persons where it is found that European

Community rules have been infringed, and in particular where it is found that

certificates, documents or identification marks do not correspond to the status of the

animals or to their holdings of origin or to the actual characteristics of the products,

according to the procedures laid down in accordance with the procedure laid down in

Part IX of the Veterinary Services Act.

CHAPTER II

Checks on arrival at destination

Inspection measures which must be implemented in the territory of Malta

(1) In the territory of Malta as Member State of destination, the following

inspection measures have to be implemented for animals and products coming from

Member States –

(a) the Veterinary Services may, at the places of destination of animals and

products, establish by means of non-discriminatory veterinary spot checks that

the requirements of animal health and public health Member States’ legislation

corresponding to article 3 of European Union Council Directive 90/425/EEC

have been complied with; it may take samples at the same time.

B

Furthermore, checks may also be carried out during the transport of animals

and products in the territory of Malta where in transit or at destination, the

Veterinary Services have information leading it to suspect an infringement;

(b) furthermore, where the animals referred to in regulation 1 and originating

in a Member State are intended -

(i) for an approved market or assembly centre as defined by European

Community rules, the operator thereof shall be responsible for the

admission of animals not meeting the requirements of animal health

and public health Member States legislation corresponding to

regulation 3(1) concerning conditions to be followed by animals and

products to be the subject of trade. The Veterinary Services must

check, by means of non-discriminatory inspections of the certificates

or documents accompanying the animals, that the animals meet the

said requirements;

(ii) for a slaughterhouse placed under the supervision of an official

veterinarian, the latter must ensure, in particular on the basis of the

certificate or accompanying document, that only animals that meet the

requirements of animal health and public health Member States’

legislation corresponding to regulation 3(1) are slaughtered.

The operator of the slaughterhouse shall be responsible for

slaughtering animals which do not meet the requirements of animal

health and public health Member States legislation corresponding to

regulation 3(1)(c) and (d) concerning the identification and registration

of animals and products and the accompanying certificates or

documents;

(iii) for a registered dealer who divides up the consignments or for any

establishment not subject to permanent supervision, such dealer or

establishment shall be regarded by the Veterinary Services as the

consignee of the animals and the conditions laid down in the second

subparagraph shall apply;

(iv) for holdings, centres or organisations including, where the

consignment is partly unloaded during transport, each animal or group

of animals must be accompanied, in accordance with regulation 3, by

the original of the health certificate or accompanying document until it

reaches the consignee mentioned therein.

The consignees referred to in points (iii) and (iv) above must, before the consignment

is divided up or subsequently marketed, check that the identification marks,

certificates or documents referred to in article 3(1)(c) and (d) of European Union

Council Directive 90/425/EEC, notify the Veterinary Services of any irregularity or

anomaly and, in the latter case, isolate the animals in question until the competent

authority has taken a decision regarding them.

The guarantees which must be furnished by the consignees referred to in points (iii)

and (iv) above shall be specified in an agreement with the Veterinary Services to be

signed at the time of the prior registration provided for in regulation 13. The

Veterinary Services shall carry out random checks to verify compliance with those

guarantees.

This point shall apply mutatis mutandis to consignees of the products referred to in

regulation 1.

(2) All the consignees appearing on the certificate or document provided for in

regulation 3(1)(d)

(a) must, at the request of the Veterinary Services and to the extent necessary

to carry out the checks referred to in sub-regulation (1), report in advance the

arrival of animals and products from Member States and, in particular, the

nature of the consignment and the anticipated arrival date.

However, the time limit for notification shall as a general rule not be more

than one day; nevertheless, in exceptional circumstances, Veterinary Services

may require two days' advance notification.

This notification is not required for registered horses bearing an identification

document provided for by European Union Council Directive 90/427/EEC;

(b) shall keep for a period of not less than six months, to be specified by the

Veterinary Services, the health certificates or documents referred to in

regulation 3, for presentation to the competent authority should the latter so

request.

(3) The detailed rules for implementing this regulation shall be adopted in

accordance with requirements of the European Community and according to the

procedure laid down in the Veterinary Services Act, article 15.

Quarantine rules

(1) Where European Community rules or, in areas which have not yet been

harmonised with Member States, national provisions, which comply with general

European Community rules governing trade between Member States, require that live

animals be put into quarantine, the latter shall normally take place at the holding of

destination.

(2) A quarantine station may be used if this is justified from a veterinary

viewpoint. Such station shall be regarded as the place of destination of the

consignment. The Veterinary Services shall notify the European Commission of the

grounds on which such action is being taken.

(3) Obligations relating to quarantine and the location of the latter shall be

specified in the veterinary requirements referred to in the second subparagraph of

regulation 16.

B

Measures to be taken by the territory of Malta upon checks carried out at places

where animals and products referred to in regulation 1 from a third country

may be brought into the territory defined in Annex 1 of European Union Council

Directive 97/78/EC

(1) In the territory of Malta, during checks carried out at the places where

animals and products referred to in regulation 1 from a third country may be brought

into the territory defined in Annex I of European Union Council Directive 97/78/EC

such as ports and airport, the following measures are taken -

(a) certificates or documents accompanying the animals and products are

checked;

(b) European Community animals and products shall be subject to the control

rules laid down in regulation 5;

(c) products from third countries shall be subject to the rules laid down in

European Union Council Directive 97/78/EC;

(d) animals from third countries shall be subject to the rules laid down in

European Union Council Directive 91/496/EEC.

(2) However, by way of derogation from sub-regulation (1), all animals or

products transported by means of transport providing a regular and direct link

between the territory of Malta and geographical points of the European Community

shall be subject to the rules for control provided for in regulation 5.

Check carried out at the place of destination of a consignment or during

transport

(1) If, during a check carried out at the place of destination of a

consignment or during transport, the Veterinary Services establish -

(a) the presence of agents responsible for a disease referred to in European

Union Council Directive 82/894/EEC, as last amended by European Union

Commission Decision 90/134/EEC and in the Second Schedule to the

Veterinary Services Act, a zoonosis or disease, or any cause likely to

constitute a serious hazard to animals or humans, or that the products come

from a region contaminated by an epizootic disease, they shall order that the

animal or consignment of animals be put in quarantine at the nearest

quarantine station or slaughtered and, or destroyed.

Costs relating to the measures provided for in the first subparagraph shall be

borne by the consignor or his representative or the person responsible for the

products or animals.

The Veterinary Services shall immediately notify the competent authorities of

the other Member States and the European Commission in writing, by the

most appropriate means, of the findings arrived at, the decisions taken and the

B

reasons for such decisions. The protective measures provided for in regulation

11 may be applied.

(b) that, without prejudice to point (a), the animals and products which do not

meet the conditions laid down by European Community legislation or, in case

of guarantees obtained pursuant to article 9 of European Union Council

Directive 64/432/EEC or equivalent Community rules which have been or will

be adopted, by national animal health rules, they may, provided that public or

animal health considerations so permit, give the consignor or his

representative the choice of -

- maintenance of the animals and products under supervision until

compliance with rules is confirmed where residues are present, and, in

the event of failure to comply with those rules, application of the

measures provided for by European Community legislation,

- slaughtering of the animals or the destruction of the products, return

of the animal or consignment, with the authorisation of the competent

authority of the Member State of dispatch and prior notification of the

Member State(s) of transit.

However, if the certificate or documents are found to contain irregularities, the owner

or his representative must be granted a period of grace before recourse is had to this

last possibility.

(2) In accordance with European Community rules and the procedure laid

down in the Veterinary Services Act, article 15, the list of the diseases referred to in

sub-regulation (1) drawn up by the European Commission may be published and

detailed rules for the application of this regulation may be adopted in accordance with

requirements of the European Community and according to the procedure laid down

in the Veterinary Services Act, article 15.

Further provisions to regulation 8

(1) In the cases provided for in regulation 8, the Veterinary Services shall

contact the competent authorities of the Member State of dispatch without delay in

order to know the necessary measure taken, the nature of the checks carried out, the

decisions taken and the reasons for such decisions.

If the Veterinary Services fears that such measures are inadequate, they shall, with the

competent authority of the Member State of origin seek ways and means of

remedying the situation; if appropriate, this may involve an on-the-spot inspection.

Where the checks provided for in regulation 8 show repeated irregularities, the

Veterinary Services shall inform the European Commission and the competent

authorities of the other Member States.

The Veterinary Services of the territory of Malta may, for its part, intensify checks on

animals coming from the same holding, centre, organisation, approved market or

assembly centre or region. In the context of the first paragraph to this sub-regulation,

B

and in the case where Malta is the Member State of dispatch the Veterinary Services

must apply the measures foreseen for the Member State of dispatch.

(2) Except in cases provided for in sub-regulation (4) to this regulation, rights

of appeal existing under the laws in force in the territory of Malta against decisions by

the Veterinary Services shall not be affected by these regulations.

Decisions taken by the Veterinary Services and the reasons for such decisions shall be

notified to the consignor or his representative and to the competent authority of the

Member State of dispatch.

If the consignor 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 the territory of Malta and of the procedure and time

limits applicable.

However, in the event of a dispute, the Veterinary Services may, if the competent

authority of the Member State of origin so agrees, within a maximum period of one

month, submit the dispute for the assessment of an expert whose name appears on a

list of European Community experts;

Such experts shall issue their opinions within not more than 72 hours or after

receiving the results of any analysis. The Veterinary Services shall abide by the

expert's opinion, with due regard for European Community veterinary legislation.

(3) The costs of returning the consignment, holding or isolating the animals or,

if appropriate, slaughtering or destroying them shall be borne by the consignor, his

representative or the person responsible for the animals or products.

(4) The detailed rules for the application of this regulation shall be adopted in

accordance with requirements of European Community and in accordance with the

procedure laid down in the Veterinary Services Act, article 15.

On checks carried out in Member States at the place of destination

(1). If, during a check carried out in a Member State at the place of

destination of a consignment or during transport, the competent authority establishes –

(a) The presence of agents responsible for a disease referred to in the Second

Schedule to the Veterinary Services Act, a zoonosis or disease, or any cause

likely to constitute a serious hazard to animals or humans, or that the products

coming from the territory of Malta are contaminated by an epizootic disease;

(b) That, without prejudice to sub-regulation (1)(a), the animals and products

do not meet the conditions laid down by Community Directives or, where the

Member State obtains additional guarantees which have been or will be

adopted, by national animal health rules, the Veterinary Services shall take all

necessary measures and notify the competent authority of the Member State of

the nature of the checks carried out, the decisions taken and the reasons for

such decisions.

B

If the competent authority of the Member State of destination fears that such measures

are inadequate, the Veterinary Services and the competent authority of the Member

State shall together seek ways and means of remedying the situation; if appropriate,

this may involve an on-the-spot inspection.

At the request of the competent authority of the Member State of destination –

(i) inspectors may be sent by the European Commission;

(ii) or an official veterinarian, who is acceptable to the various parties

concerned, may be instructed to check the facts on the spot;

(iii) the Veterinary Services may be requested to intensify checks on

the holding, the centre, the organisation, the approved market or

assembly centre on the territory of Malta.

Pending the Member State's findings, the Veterinary Services must intensify checks

on animals and products coming from the holding, centre, organisation, approved

market or assembly centre on the territory of Malta, and if there are serious public or

animal health grounds, suspend issue of any certificates or movement

(2) In the event of a dispute, the Veterinary Services concerned may, if the

competent authority of the Member State of destination so agrees, within a maximum

period of one month, submit the dispute for the assessment of an expert whose name

appears on a list of European Community experts

Such experts shall issue their opinions within not more than 72 hours or after

receiving the results of any analyses. The Veterinary Services shall abide by the

expert's opinion, with due regard for corresponding veterinary legislation.

(3) The costs of returning the consignment, holding or isolating the animals or,

if appropriate, slaughtering or destroying them shall be borne by the consignor, his

representative or the person responsible for the animals or products.

(4) The detailed rules for the application of this regulation shall be adopted in

accordance with the procedure laid down in article 15 (4) of the Veterinary Services

Act.

CHAPTER III

Common provisions

Notification to Member States and the European Commission of any outbreak in

the territory of Malta

(1) Veterinary Services shall immediately notify the Member States and

the European Commission of any outbreak in the territory of Malta, in addition to an

outbreak of diseases referred to in the Second Schedule to the Veterinary Services

B

Act, of any zoonoses, diseases or other cause likely to constitute a serious hazard to

animals or to human health.

The Veterinary Services shall immediately implement the control or precautionary

measures provided for in European Community rules following the provisions laid

down in the Veterinary Services Act, article 5, in particular the determination of the

buffer zones provided for in those rules, or adopt any other measure which it deems

appropriate.

When, in the course of a check referred to in regulation 5, the Veterinary Services has

established the existence of one of the diseases or causes referred to in the first

subparagraph, they may, if necessary, take the precautionary measures provided for in

European Community rules following the provisions laid down in the Veterinary

Services Act, article 15 (5), including the quarantining of the animals.

Pending the measures to be taken by the European Commission, the Veterinary

Services may, on serious public or animal health grounds, take interim protective

measures with regard to the holdings, centres or organisations concerned or, in the

case of an epizootic disease, with regard to the buffer zone provided for in European

Community rules, following the provisions laid down in the Veterinary Services Act,

article 5.

The measures taken shall be notified to the European Commission and to the Member

States without delay.

(2) (a) At the request of the Member State referred to in the first sub-paragraph

of sub-regulation (1) to this regulation or on the initiative of the European

Commission, one or more Commission representatives may go at once to the

place concerned to examine, in collaboration with the competent authorities,

what measures have been taken, and shall issue an opinion on those measures.

(b) Where, following the circumstances detailed in this regulation or in case of

an equivalent situation appearing in another Member State, necessary

measures are adopted by the European Commission for the animals and

products referred to in regulation 1 and, if the situation so requires, for the

products derived from those animals, the requested measures are immediately

implemented by the Veterinary Services of the territory of Malta. If necessary,

detailed rules for their application shall be adopted in accordance with

requirements of European Community and in accordance with the procedure

laid down in the Veterinary Services Act, article 15.

(3) Detailed rules for the application of this regulation, and in particular the

list of zoonoses or causes likely to constitute a serious hazard to human health, shall

be adopted in accordance with requirements of the European Community and in

accordance with the procedure laid down in the Veterinary Services Act, article 15.

Collaboration with inspection departments

Veterinary Services shall be appointed for carrying out the veterinary

checks and collaborating with the Member States' inspection departments

Rules for dealers engaging in intra-Community trade in animals or products

In the territory of Malta all dealers engaging in intra-Community trade in

the animals and, or products covered by regulation 1-

(a) are required, at the request of the Veterinary Services, to register

beforehand in an official register;

(b) keep a record of deliveries and, for the consignees referred to in regulation

5 (1) (b) (iii), of the subsequent destination of the animals and products. The

said record shall be preserved for a period to be determined by the Director of

the Veterinary Services so that it can be presented to the Veterinary Services

on request.

Powers of the Veterinary Services

In the territory of Malta the officials of the Veterinary Services, if

appropriate in collaboration with the officials of other departments empowered to that

end, are able in particular to -

(a) carry out inspections of holdings, installations, means of transport and

processes used for the marking and identification of animals;

(b) check, as regards the products listed in Schedule A, that the personnel are

complying with the requirements laid down in the texts referred to in that

Schedule;

(c) take samples from –

(i) animals held with a view to being sold, put on the market or

transported;

(ii) products held with a view to being stored or sold, put on the market or

transported;

(d) examine documentary or data processing material relevant to the checks

carried out further to the measures taken under these regulations. Veterinary

Services must require the holdings, centres or organisations being checked to

afford the collaboration necessary for the performance of the aforementioned

tasks.

B

CHAPTER IV

Final and transitional provisions

ANIMO

(1) The Veterinary Services shall use, the computerised system linking

veterinary authorities “ANIMO”, with a view, in particular, to facilitating the

exchange of information between the Veterinary Services of the territory of Malta

where a health certificate or document accompanying the animals and products of

animal origin has been issued and the competent authorities of the Member State of

destination.

(2) Details concerning the financial contribution, and those necessary for the

implementation of this program, shall be adopted in accordance with requirements of

European Community and according to the procedure laid down in article 15 of the

Veterinary Services Act.

Trade in animals and products listed in Schedule B

Trade in the animals and products listed in Schedule B shall, pending the

adoption of European Community rules, and without prejudice to the maintenance of

any national rules laid down for the identification of batches, be subject to the control

rules laid down by European Community legislation, in particular those mentioned in

the second part of the sentence of regulation 3 (1) (a).

Veterinary Services shall communicate to the European Commission and the Member

States the conditions and procedures applicable to trade in the animals and products

referred to in the first paragraph.

The control rules provided for the animals and products referred to in Schedule A

shall be extended to the animals and products of animal origin not yet covered by this

Schedule when rules harmonised governing trade therein, are adopted.

Harmonised model for the information on checks carried out under these

regulations

Veterinary Services shall report to the European Commission, using a

possible harmonised model, the relevant information concerning the checks carried

out pursuant to these regulations.

B

07.64 p.1977).

European Union Council Directive 88/407/EEC of 14 June 1988 laying down the

animal health requirements applicable to intra-Community trade in and imports of

deep-frozen semen of domestic animals of the bovine species (OJ L 194 22.07.88

p.10).

European Union Council Directive 89/556/EEC of 25 September 1989 on animal

health conditions governing intra-Community trade in and importation from third

countries of embryos of domestic animals of the bovine species (OJ L 302 19.10.89

p.1).

European Union Council Directive 90/426/EEC of 26 June 1990 on animal health

conditions governing the movement and import from third countries of equidae (OJ L

224 18.08.90 p.42).

European Union Council Directive 90/429/EEC of 26 June 1990 laying down the

animal health requirements applicable to intra-Community trade in and imports of

semen of domestic animals of the porcine species (OJ L 224 18.08.90).

European Union Council Directive 90/539/EEC of 15 October 1990 on animal health

conditions governing intra-Community trade in, and imports from third countries of,

poultry and hatching eggs (OJ L 303 31.10.90 p.6).

European Union Council Regulation (EC) No 1774/2002 of the European Parliament

and of the Council of 3 October 2002, laying down the health rules concerning

animals by-products not intended for human consumption (OJ L 273 10.10.2002 p.

1).

European Union Council Directive 91/67/EEC of 28 January 1991 concerning the

animal health conditions governing the placing on the market of aquaculture animals

and products (OJ L 046 19.02.91 p.1).

European Union Council Directive 91/68/EEC of 28 January 1991 on animal health

conditions governing intra-Community trade in ovine and caprine animals (OJ L 046

19.02.91 p.19).

B

(b) (Corresponding to the Animal Welfare Act, Part IX “Transport of animals”

articles 22 to 26)

European Union Council Directive 91/628/EEC of 19 November 1991 on the

protection of animals during transport and amending Directives 90/425/EEC and

91/496/EEC (OJ No L 340,11.12. 1991, p. 17).

Section 2

(a) (Corresponding to the Veterinary Services Act, article 8 “Movement of live

animals and germinal products”)

European Union Council Directive 92/65/EEC of 13 July 1992 laying down animal

health requirements governing trade in and imports into the Community of animals,

semen, ova and embryos not subject to animal health requirements laid down in

specific Community rules referred to in Annex A (I) to European Union Council

Directive 90/425/EEC (OJ L 268 14.09.92 p.54)

(b) (Corresponding to the Veterinary Services Act, articles 10 and 11)

European Union Council Directive 92/118/EEC of 17 December 1992 laying down

animal health and public health requirements governing trade in and imports into the

Community of products not subject to the said requirements laid down in specific

Community rules referred to in Annex A (I) to European Union Council Directive

89/662/EEC and, as regards pathogens, to Directive 90/425/EEC (OJ L 062 15.03.93

p.49).

CHAPTER II

ZOOTECHNICAL LEGISLATION

(Corresponding to the Veterinary Services Act, article 34)

European Union Council Directive 77/504/EEC of 25 July 1977 on pure-bred

breeding animals of the bovine species (OJ L 206 12.08.77 p.8).

European Union Council Directive 88/661/EEC of 19 December 1988 on the

zootechnical standards applicable to breeding animals of the porcine species (OJ L

382 31.12.88 p.36).

European Union Council Directive 89/361/EEC of 30 May 1989 concerning pure-

bred breeding sheep and goats (OJ L 153 06.06.89 p.30).

European Union Council Directive 90/427/EEC of 26 June 1990 on the zootechnical

and genealogical conditions governing intra-Community trade in equidae (OJ L 224

18.08.90 p.55).

European Union Council Directive 91/174/EEC of 25 March 1991 laying down

zootechnical and pedigree requirements for the marketing of pure-bred animals and

amending Directives 77/504/EEC and 90/425/EEC (OJ L 085 05.04.91 p.37).

B