509 tal-2004 - Regoli tal-2004 dwar il-Kondizzjonijiet tas-Saħħa ta’ l-Annimali li jirregolaw il-Kummerċ Intra-Komunitarju ta’ Annimali Ovini u Kaprini

L.N. 509 of 2004

VETERINARY SERVICES ACT

(CAP. 437)

Animal Health Conditions Governing Intra -Community Trade in Ovine and

Caprine Animals Rules, 2004

BY virtue of the powers conferred by article 11 of the Veterinary Services Act, the

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

Title, scope and applicability

(1) The titles to these rules is the Animal Health Conditions Governing Intra-

Community Trade in Ovine and Caprine Animals Rules, 2004.

(2)

All parts of these animals which are fit for human consumption shall be

considered to be meat.

(3) All meat which has not undergone any preserving process shall be

considered as fresh meat; however, for the purposes of these rules chilled and frozen

meat shall be considered to be fresh meat.

(4) The scope of these rules is to implement the provisions found under

Directive 72/461/EEC on Intra-Community Trade in Fresh Meat of Domestic Bovine

Animals, Swine, Sheep and Goats and Solipeds.

Definitions

Mark for meat intended for a use other than in intra-Community trade in fresh meat

1. The over-stamping must be done in such a way that the oval stamp defined in Annex I, Chapter XI, and

No 50 of Directive 64/433/EEC is covered by a diagonal cross consisting of two straight lines crossing

at right angles, with the point of intersection in the centre of the stamp and the information thereon

remaining legible.

2. The marks mentioned in paragraph 1 may also be made with a single stamp which will be an oval stamp

6 · 5 cm long and 4 · 5 cm broad; the following information must appear on the mark in perfectly legible

characters

on the upper part, the name of the exporting country in capitals,

in the centre, the veterinary approval number of the slaughterhouse,

on the lower part, one of the following sets of initials: CEE - EØF - EWG - EOK - EEC - EEG -

ETY - EHS - EMÜ - EEK - EEB - EGK - KEE - EGS,

two straight lines crossing the stamp diagonally, intersecting at right angles at the centre of the

stamp in such a way that the information is not obscured.

The letters must be 0 · 8 cm high and the figures 1 cm high.

The stamp may also carry information whereby the veterinarian who inspected the meat may be

identified.

For the purposes of these rules and unless the context otherwise requires:-

“the Act” means the Veterinary Services Act;

“the Commission” means the European Commission;

“the Community” means the European Community as established under the

Treaty establishing the European Community;

B

“the Competent Authority” means the Veterinary Services within the territory of

Malta as provided under article 2 of the Act;

“country of destination” means the Member State to which fresh meat is sent from

another Member State;

“exporting country” means the Member State from which fresh meat is sent to

another Member State;

“official veterinarian” means the veterinarian designated by the Veterinary

Services.

Conditions for the transfer of meat to another Member State

Only fresh meat which fulfils the following requirements may be sent from the

territory of Malta to the territory of another Member State

(a) meat obtained from domestic sheep, goats or solipeds must, without

prejudice to rule 6, come from animals which have stayed in the territory of the

Community for at least twenty-one days immediately prior to slaughter or from

birth in the case of animals less than twenty-one days old;

(b) the meat must not have been obtained from animals which come from a

holding or area which, for health reasons, is subject to prohibition pursuant to

Article 3 (2) (b) of the Council Directive of the 26 th June, 1964 on animal health

problems affecting intra-Community trade in bovine animals and swine, as a

result of the outbreak of foot and mouth disease, swine feve r, swine vesicular

disease or contagious swine paralysis (Teschen disease) to which the animals in

question are susceptible;

(c) the meat must not be obtained from slaughterhouses in which cases of foot

and mouth disease, swine fever, swine vesicular disease or contagious swine

paralysis (Teschen disease) have been recorded. Should there be an outbreak of

one of these diseases, the Veterinary Services shall ensure that no meat

suspected to be contaminated forms part of intra-Community trade; and

(d) the meat shall not be subject of animal health restrictive measures pursuant

to the provisions of Council Directive 80/217/EEC of the 22 nd January, 1980

introducing Community measures for the control of classical swine- fever.

Sending of animals to other Member States

Without prejudice to rule 3 (b), fresh meat from swine, sheep and goats may

not be sent to the territory of another Member State only insofar as such animals do not

come from a holding in the territory of Malta which is subject to prohibition for health

reasons as a result of the outbreak of porcine, ovine or caprine brucellosis. Such

prohibition must last at least six weeks after the last case has been officially recorded.

Health mark on fresh meat

The Veterinary Services shall ensure that fresh meat obtained from animals

which do not fulfil the requirements of rules 3 and 4 hereof shall not be given the health

mark provided for in Chapter XI of Schedule I of the regulations relating to health

problems affecting intra-Community trade in fresh meat.

Superimposition of mark

Notwithstanding rule 5 (1), and in so far as it is not intended for intra-

Community trade in fresh meat, the meat referred to in that rule may carry the mark

defined in Annex I, Chapter IX of Directive 64/433/EEC, provided that the special mark

referred to in the Annex to these rules is immediately superimposed thereon. The

provisions of Annex I, Chapter XI, point 49 of Directive 64/433/EEC shall apply mutatis

mutandis to the keeping and use of marking instruments. Such meat must be obtained,

cut, transported and stored separately from, or not at the same time as, meat intended for

intra-Community trade in fresh meat.

Conditions for the transfer of meat from a Member State

(1) When Malta is considered as country of destination, Veterinary Services

may grant to one or more exporting countries general authorisations or authorisations

restricted to specific cases for the introduction into the territory of Malta of fresh meat, in

B

derogation from rule 3 (a) does not come from animals which have stayed in the territory

of the Community for at least twenty-one days immediately prior to slaughter or since

birth in the case of animals less than twenty-one days old.

(2) When Veterinary Services grant a general authorisation, in accordance with

sub-rule (1), it shall immediately inform the Member States and the European

Commission.

(3) When Veterinary Services grant one of the authorisations provided for in

sub-rule (1) hereof, a corresponding authorisation should be obtained, in cases of transit,

from the countries of transit concerned.

African swine fever cases in the territory of Malta

8 (1) Where African swine fever has been recorded within the previous 12 months

in the territory of Malta, exports of fresh pig- meat to the territory of the other Member

States are prohibited. It may be decided, in accordance with the requirements of the

European Commission that the provisions of the first sub-rule shall not apply to one or

more parts of the territory. This derogation shall not preclude recourse to the provisions

laid down in Council Directive 89/662/EEC should one or more cases of African swine

fever reoccur in the above part or part of territory.

(2) Where there is an outbreak of African swine fever in the territory of Malta

where the disease has not been recorded for at least 12 months, it may be decided, in

accordance with the requirements of the European Commission, that the provisions of

sub-rule (1) shall apply exclusively to a part of territory concerned. Pending this decision,

and without prejudice to the safeguard measures decided under Council Directive

89/662/EEC, the Veterinary Services shall ensure the immediate prohibition of export to

the other Member States of fresh pig- meat from the part of territory in which the

epizootic disease has been recorded. The criteria laid down in sub-rule 9(2) shall be taken

into account in determining that part of the territory. One or more cases of African swine

fever on a part of Malta’s territory which is not geographically linked to the main part of

Malta, shall not prevent the application of sub-rule (1)

Provided that the conditions prerequisite to the application of sub-rule (1) shall still be

deemed to be fulfilled if the following conditions have been fulfilled

(i) any outbreak recorded on the occurrence of African swine fever

referred to in sub-rule (1) was eradicated in the shortest possible period of

time;

(ii) the new outbreak, which forms the subject of a fresh request for a

decision,

as

provided

for

in

sub-rule

(1),

is

not

connected

epidemiologically with the outbreak or outbreaks referred to in sub-rule

8(2)(i) hereof.

(3) Decisions to lift measures applied under sub-rule (2) shall be taken in

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

procedure laid down in articles 11 and 15 of the Act.

Defining parts of the territory

9 (1) For the purposes of defining the parts of territory referred to in sub-rule 8(1),

particular account shall be taken of

(a)the methods used to control and eradicate African swine fever,

(b) the absence of the disease for at least 12 months, recorded by all the

methods of detection, including serological surveys,

(c) the surface area of the parts of territory and their administrative and

geographical boundaries,

(d) the protective measures taken to prevent the contamination or

recontamination of pig herds,

(e) the measures taken to control the movement of pigs.

(2) For the purposes of defining the parts of territory referred to in sub-rule 8(2),

particular account shall be taken of

B

(a) the methods used to combat the disease, in particular the elimination of

pigs from holdings which are infected, contaminated or suspected of

contamination,

(b) the surface area of the parts of territory and their administrative and

geographical boundaries,

(c) the incidence of the disease and its tendency to spread,

(d) the measures taken to prevent the disease from spreading,

(e) the measures taken to restrict and control the movement of pigs both

inside and outside the part of territory concerned.

Implementation of European Community Law

Until European Community provisions relating to importation of fresh meat

from third countries are implemented, national provisions relating to fresh meat imported

from those countries shall not be more favourable than those resulting from the Council

Veterinary checks applicable to intra -Community trade

The rules laid down in Directive 89/662/EEC concerning veterinary checks

applicable in intra-Community trade, with a view to the completion of the internal

market, shall apply in particular to checks at origin, to the organization of and follow-up

to the checks to be carried out by the Veterinary Services at destination, and to the

protective measures to be implemented.