Identification and Registration of Animals Rules, 2005

L.N. 292 of 2005

VETERINARY SERVICES ACT

(CAP. 437)

Identification and Registration of Animals Rules, 2005

IN exercise of the powers conferred by article 7 of the Veterinary

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

made the following rules>-

(1) The title of these rules is the Identification and Title and scope.

Registration of Animals Rules, 2005.

(2) The scope of these rules is to implement the rules found

under European Union Council Directive 92#102#EEC of the 27 th

November, 1992 on the identification and registration of animals and

in accordance with article 7 of the Veterinary Services Act.

(3) These rules set out the minimum requirements for the

identification and registration of animals, without prejudice to more

detailed Community rules which may be established for disease

eradication or control purposes and shall apply without prejudice to

European Union Commission Decision 89#153#EEC and to

implementing rules laid down in accordance with European Union

Council Directive 91#496#EEC and taking account of Article 5 of

European Union Council Regulation (EEC) No 3508#92 of the 27 th

November, 1992 establishing an integrated administration and control

system for certain Community aid schemes.

For the purpose of these rules -

Interpretation.

“animal” means any animal of the bovine, ovine and caprine

species and swine<

“the Commission” means the European Commission<

“the Community” means the European Community as

established under the Treaty establishing the European Community<

“the competent authority for the territory of Malta” means

the Veterinary Services within the territory of Malta as provided

under article 2 of the Veterinary Services Act<

“holding” means any establishment, construction or, in the

case of an open-air farm, any place in which animals are held,

kept or handled<

“keeper” means any natural or legal person responsible, even

on a temporary basis, for animals<

“Member State” means a State which is a Member within the

European Community<

“third country” means a State which is not a Member within

the European Community<

“trade” means trade between Member States within the

meaning of Article 9 (2) of the Treaty establishing the European

Community.

(1) The territory of Malta shall ensure that -

(a) the competent authority for the territory of Malta has an

up-to-date list of all the holdings which keep animals covered by

these rules and are situated on its territory, specifying the species

of animals kept and their keepers, such holdings to remain on the

said list until three consecutive years have elapsed with no animals

on the holding. This list shall also include the mark or marks

which permit the identification of the holding in accordance with

rule 5 (2) (a) and (c), second paragraph, and sub-rule (3) (a), and

also rule 8<

(b) the Commission, the competent authority for the territory

of Malta and any authority responsible for supervising application

of European Union Council Regulation (EEC) No. 3508#92 can

have access to all information obtained under these rules.

(2) The territory of Malta may be authorized under the

procedure laid down in Article 18 of European Union Council Directive

90#425#EEC to exclude from the list in sub-rule (1) paragraph (a) of

this rule, natural persons who keep no more than three animals of the

ovine or caprine species for which they do not seek premiums or, to

take account of particular circumstances, one pig and which are intended

for their own use or consumption, provided that any such animals are

the subject of the controls laid down in these rules before any movement.

(1) The territory of Malta shall ensure that -

(a) (i) any keeper of porcine or bovine animals listed in

European Union Council Directive 64#432#EEC and contained in

the list provided for in rule 3 (1) (a) keeps a register stating the

number of animals present on the holding.

(ii) This register shall include an up-to-date record of

all births, deaths and movements (numbers of animals concerned

by each entering and leaving operation) at least on the basis of

aggregate movements, stating as appropriate their origin or

destination, and the date of such movements.

(iii) The identification mark applied in conformity with

rules 5 and 8 shall be stated in all cases.

(iv) However, for animals of the porcine species, it

shall not be obligatory to include births and deaths.

(v) In the case of pure-bred and hybrid pigs, which are

entered in a herd book in accordance with European Union Council

Directive 88#661#EEC 1 , an alternative registration system based

on individual identification allowing the animals to be identified

may be recognized by the procedure laid down in Article 18 of the

European Union Council Directive 90#425#EEC if it offers

guarantees equivalent to a register<

(b) (i) any keeper of sheep or goats whose holding is listed

in accordance with rule 3 (1) (a) shall keep a register including at

least the total number of sheep and goats present on the holding

each year on a date to be determined by the competent authority

for the territory of Malta.

(ii) The register shall also include -

(a) an up-to-date statement of the number of live female

sheep and goats which are over 12 months of age or which

have given birth present on the holding<

(b) the movements (number of animals concerned by

each entering or leaving operation) of sheep and goats on at

least the basis of aggregate movements stating as appropriate

their origin or destination, their mark and the date of such

movements.

European Union Council Directive 88#661#EEC of 19 December 1988 on the zootechnical standards

applicable to breeding animals of the porcine species.

(2) However, in accordance with the procedure laid down

in article 18 of European Union Council Directive 90#425#EEC and in

terms of European Union legislation, a simplified registration procedure

shall be established for all the abovementioned animals kept on common

pasture.

(3) The territory of Malta shall also ensure that -

(a) any keeper supplies the competent authority for the

territory of Malta, upon request, with all information concerning

the origin, identification and, where appropriate, the destination

of animals which he has owned, kept, transported, marketed or

slaughtered<

(b) (i) any keeper of animals to be moved to or from a

market or collection centre provides a document, setting out details

of the animals including the identification numbers or marks of

any bovine animals, to the operator, on the market or in the

collection centre, who is a keeper of the animals, on a temporary

basis.

(ii) That operator may use the documents obtained in

accordance with paragraph (a) to carry out the obligations laid

down in sub-rule 1 (a) (iii).

(c) the registers and information are available on the holding

and to the competent authority for the territory of Malta, upon

request, for a minimum period to be determined by the competent

authority for the territory of Malta but which may not be less than

three years.

(1) The territory of Malta shall ensure that the following

general principles are respected -

(a) identification marks must be applied before animals

leave the holding of birth<

(b) (i) no mark may be removed or replaced without the

permission the competent authority for the territory of Malta.

(ii) Where a mark has become illegible or has been

lost, a new mark shall be applied in accordance with this rule<

(c) the keeper shall record any new mark in the register

referred to in rule 4 in order to establish a link with the previous

mark applied to the animal<

(d) the eartag provided for in sub-rule 2 (a) shall be approved

by the competent authority for the territory of Malta and shall be

tamper-proof and easy to read for the animal’s lifetime. It shall be

incapable of re-use. It shall be such as to remain on the animal

without interfering with its well-being.

(2) For bovine animals, the territory of Malta shall ensure

that -

(a) (i) all animals listed in Article 2 of European Union

Council Directive 64#432#EEC present on the holding are identified

with an eartag bearing on alphanumeric code, which shall not

exceed 14 characters, which make it possible to identify each animal

individually along with the holding on which it was born or, in the

case of bulls intended for cultural or sporting events with the

exception of fairs and exhibitions, by an identification system

offering equivalent guarantees recognized by the Commission<

(ii) the ear tags referred to in paragraph (a) (i) of this

sub-rule must be applied no later than nine months after the date

of adoption, in accordance with the procedure laid down in Article

18 of European Council Directive 90#425#EEC of measures

providing for the identification of the Member State and the holding

of origin. Animals identified before the end of this nine-month

period must be marked either in accordance with the national

system provided for in the proviso to this paragraph or with the

eartag provided for in paragraph (a) (i).

However, animals which have been identified before the

expiry of the nine-month period in accordance with the national

system in force and notified to the Commission shall continue to

be subject to control on that basis<

(b) the identification marks are allocated to the holding,

distributed and applied to the animals in a manner determined by

the competent authority for the territory of Malta<

(c) the identification marks are applied, at the latest, within

thirty days of the birth of the animal.

However, the competent authority for the territory of Malta

may defer the application of this mark until the animal has attained

a maximum age of six months, if the animal is, before the age of

30 days, provided by the keeper with a provisional mark recognized

by the competent authority for the territory of Malta which makes

it possible to identify each animal to the holding of birth, and

provided that these animals may not leave the holding except for a

slaughter in a slaughterhouse situated in the territory of the said

competent authority which has recognized the provisional mark,

without passing through any other holding.

However, the competent authority may permit veal-calves

intended for slaughter before the age of six months and which are

moved before the age of 30 days in accordance with a national

system of movement, recognized in accordance with the procedure

laid down in Article 18 of the European Union Council Directive

90#425#EEC, which provides at least for tracing back to the holding

of origin, to be marked at the fattening holding, provided that the

calves were transferred there directly from the holding of birth

and that the calves moved under such systems will not be eligible

for premiums.

(2) (a) Animals other than bovine animals must be marked

as soon as possible, and in any case before they leave the holding, with

an eartag or tattoo making it possible to determine the holding from

which they come and enabling reference to be made to any

accompanying documents which must mention such eartag or tattoo

and to the list referred to in rule 3 (1) (a).

(b) The territory of Malta may, pending the decision

provided for in Article 10 of European Union Council Directive

92#102#EEC and by derogation from the second paragraph of Article 3

(1) (c) of European Union Council Directive 90#425#EEC, apply its

national system for the movement of animals other than bovine animals

for all movements of such animals in its territory. Such system must

enable the holding from which they come and the holding on which

they were born to be identified. The territory of Malta shall notify the

Commission of the system which it intends to introduce for this purpose,

in accordance with European Union legislation. In accordance with the

procedure laid down in Article 18 of European Union Council Directive

90#425#EEC, the territory of Malta may be asked to make amendments

to its system where it does not fulfill the requirement referred to in the

second sentence of this paragraph.

(c) Animals bearing a temporary mark identifying a

consignment must be accompanied throughout their movement by a

document which enables the origin, ownership, place of departure and

destination to be determined.

(d) However, the competent authority for the territory

of Malta may authorize the movement of sheep and goats without marks

between holdings with the same health status in the same ownership

and situated in that authority’s territory, provided that each such

movement occurs under a national system which enables the animal to

be traced back to the holding on which it was born. The territory of

Malta must, in accordance with European Union legislation, notify the

Commission of the system which it intends introducing to this end.

Pursuant to the procedure laid down in Article 18 of Directive

90#425#EEC, the territory of Malta may be requested to amend this

system where it fails to meet the aforementioned requirements.

(1) (a) Where the competent authority of the Member State State of destination.

of destination decides not to keep the identification mark allocated to

the animal in the holding of origin all charges incurred as a result of

replacing the mark shall be borne by that authority. Where the mark

has been so replaced, a link shall be established between the

identification allocated by the competent authority of the Member State

of dispatch and the new identification allocated by the competent

authority of the Member State of destination< that link shall be recorded

in the register provided for in rule 4.

(b) The option in sub-rule (1) (a) may not be invoked

in the case of animals intended for slaughter which are imported under

rule 8 without bearing a new mark in accordance with rule 5.

(2) Where the animals have been traded, the competent

authority of the Member State of destination may, for the purposes of

Article 5 of European Union Council Directive 90#425#EEC, have

recourse to Article 4 of European Union Council Directive 89#608#EEC

in order to obtain the information relating to the animals, their herd of

origin and any movement to which they have been subject.

The territory of Malta shall ensure that any information relating Animals not

accompanied by a

to movements of animals not accompanied by a certificate or a document certificate.

required by veterinary or zootechnical legislation remains available to

the competent authority for the territory of Malta, upon request, for a

minimum period to be set by the latter.

(1) Any animal imported from a third country which has Identification by

passed the checks laid down by European Union Council Directive means of a mark.

91#496#EEC and which remains within Community territory shall, within

30 days of undergoing the aforesaid checks, and, in any event, before

its movement, be identified by a mark complying with rule 5 unless the

holding of destination is a slaughterhouse situated on the territory of

the competent authority for the territory of Malta responsible for

veterinary checks and the animal is actually slaughtered within that 30-

day period.

(2) A link shall be established between the identification

established by the third country and the identification allocated to it by

the Member State of destination. That link shall be recorded in the

register provided for in rule 4.

The territory of Malta shall adopt the necessary administrative

or penal measures, or both, to punish any infringement of Community

veterinary legislation, where it is established that the marking or

identification or the keeping of registers provided for in rule 4 has not

been carried out in conformity with the requirements of this rule.

(1) The territory of Malta shall bring into force the laws,

regulations and administrative provisions necessary to comply with these

rules -

(a)

for the requirements regarding bovine animals, so that -

(i) the bovine animals are registered in accordance with

existing national procedures complying with the requirements

laid down in rule 4 and are identified in accordance with the

existing rules referred to in rule 5 (2) (a) (ii)<

(ii) the Community registration and identification

systems laid down by these rules are set up in accordance

with European Union legislation.

(b) The territory of Malta shall forthwith inform the

Commission thereof.

(c) When the territory of Malta adopts these measures, they

shall contain a reference to European Union Council Directive

92#102#EEC or shall be accompanied by such a reference on the

occasion of their official publication. The methods of making such

a reference shall be laid down by the territory of Malta.

(2) The territory of Malta shall communicate to the

Commission the texts of the main provisions of national law which it

adopts in the field governed by these rules.

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