293 tal-2005 - Regoli tal-2005 dwar il-Kondizzjonijiet tas-Saħħa li jirregolaw il-Kummerċ Intra-Komunitarju ta’ Annimali Ovini u Kaprini

L.N. 293 of 2005

VETERINARY SERVICES ACT

(CAP. 437)

Health Conditions governing Intra-Community Trade in

Ovine and Caprine Animals Rules, 2005

BY virtue of the powers conferred by articles 8 and 9 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 Health Conditions Governing

Intra-Community Trade in Ovine and Caprine Animals Rules, 2005.

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

found under European Union Council Directive 91#68#EEC regarding

animal health conditions governing intra-Community trade in ovine and

caprine animals.

(3) These rules define the animal health conditions

governing exchanges with Member States of European Union in ovine

and caprine animals.

(4) For the purposes of these regulations any reference made

under European Union Council Directive 91#68#EEC to Annex E has

now been harmonised under Commission Regulation (EC) No 599#2004

of the 30 th March 2004 concerning the adoption of a harmonised model

certificate and inspection report linked to intra-Community trade in

animals and products of animal origin>

Provided that the certificate found under commission decision

599#2004 shall apply to these rules.

CHAPTER 1

I. Officially brucellosis (B. melitensis)-free ovine or caprine holding

A. Grant of status

An officially brucellosis (B. melitensis)-free ovine or caprine holding means

1. a holding

(a) in which all the animals which are susceptible to brucellosis (B. melitensis) have been free from clinical

or any other signs of brucellosis (B. melitensis) for at least 12 months;

(b) which contains no ovine or caprine animals which have been vaccinated against brucellosis (B.

melitensis), save those vaccinated at least two years previously with Rev. 1 vaccine or any other vaccine

approved under the relevant procedure of the European Community;

(c) in which two tests separated by an interval of six months or more have been carried out, with negative

results, in accordance with Schedule C on all ovine and caprine animals on the holding over six months of

age at the time of testing; and

(d) in which, following the tests referred to in point (c), there are only ovine or caprine animals born on the

holding or which have come from an officially brucellosis-free or brucellosis-free holding under the

conditions laid down in point D, and in which, after qualification, the requirements laid down in point B

continue to be fulfilled;

2. a holding situated in an “officially recognized brucellosis-free ovine or caprine holding” in a in terms of

the definition in rule 2.

B. Maintenance of status

1. In the case of officially brucellosis (B. melitensis)-free ovine or caprine holdings which are not situated

in a part of the territory which is recognized as officially brucellosis-free, and in which, after qualification,

the introduction of animals is carried out in accordance with the requirements of point D, a representative

number of the ovine and caprine animals over six months old must be checked annually. The holding may

retain its officially brucellosis (B. melitensis)-free status if the results of the tests are negative. The

representative number of animals to be tested must, for each holding, consist of the following

— all non-castrated male animals over six months old,

— all animals brought onto the holding since the previous test,

— 25 % of the females which have reached the age of reproduction (i.e. which are sexually mature) or are

in milk, with a minimum of 50 per holding except in holdings where there are fewer than 50 such females,

in which case all females must be tested.

2. For a region which is not officially brucellosis-free where more than 99 % of the ovine or caprine

holdings are declared to be officially brucellosis (B. melitensis)-free, the frequency of checks of officially

brucellosis-free ovine or caprine holdings may be extended to three years, provided that the holdings which

are not officially brucellosis free are placed under official control or undergo an eradication programme.

C. Suspected or actual cases of brucellosis

1. Where, on an officially brucellosis-free ovine or caprine holding,

(a) one or more ovine or caprine animals are suspected of having brucellosis (B. melitensis), the holding's

officially brucellosis-free status must be withdrawn by the Veterinary Services. However, that status may

be provisionally suspended if the animal or animals are immediately destroyed or isolated, pending official

confirmation of the disease or an official quashing of the suspicion of that disease;

(b) brucellosis (B. melitensis) is confirmed, the provisional suspension may be lifted by the Veterinary

Services only if all animals infected or all the animals of species susceptible to infection are slaughtered

and two tests, separated by an interval of at least three months or more, and carried out in accordance with

Schedule C on all the animals of the holding over six months old, give negative results.

2. If the holding referred to in paragraph 1 hereof is in a region which is recognized as officially free from

brucellosis (B. melitensis), the Veterinary Services concerned must immediately inform the European

Commission and the other Member States.

The Veterinary Services must

(a) order the slaughtering all infected animals and all animals of species susceptible to infection on the

holding concerned. The Veterinary Services concerned must keep the European Commission and the other

Member States informed of the development of the situation;

(b) conduct an epidemiological enquiry, and the herds linked epidemiologically to the infected herd must

undergo the tests laid down in point 1 (b).

3. Should an outbreak of brucellosis be confirmed in accordance with point 2, after assessing of the

circumstances of the renewed outbreak of brucellosis (B. melitensis) by the European Commission, if that

assessment so justifies, a decision suspending or withdrawing the status of that region may be adopted

under the relevant procedure of the European Community. If the status is withdrawn, the conditions for a

new qualification shall be specified in accordance with the same procedure.

D. Introduction of animals onto an officially brucellosis (B. melitensis)-free ovine or caprine holding

Ovine or caprine animals may not be introduced into an ovine or caprine holding which is officially free

from brucellosis unless they either

1. come from an officially brucellosis-free ovine or caprine holding;

2. or

— come from a brucellosis-free holding and,

— are identified individually in accordance with rule 4 (1) (a) of these rules,

— have never been vaccinated against brucellosis or if they have been vaccinated, were so vaccinated more

than two years previously. However, females over two years old which were vaccinated before the age of

seven months may also be brought onto the holding, and

— were isolated under official supervision on the holding of origin and, during such isolation underwent,

with negative results, two tests separated by an interval of at least six weeks in accordance with Schedule

C.

II. Officially brucellosis-free Member State or region

Any Member State or region within the meaning of Article 2 (10) of Directive 91/68/EEC may be

recognized, under the relevant procedure of the European Community, as being officially brucellosis-free

1. (a) in which at least 99,8 % of the ovine or caprine holdings are officially brucellosis-free holdings; or

(b) which fulfils the following conditions

(i) ovine or caprine brucellosis is a disease that has been compulsorily notifiable for at least five years;

(ii) no case of ovine or caprine brucellosis has been officially confirmed for at least five years;

(iii) vaccination has been prohibited for at least three years; and

(c) for which compliance with these conditions has been established under the relevant procedure of the

European Community;

2. in which the conditions set out in point 1 have been satisfied; and

(i) (a)the first year following recognition of a Member State or region as brucellosis-free (Br.

melitensis), random checks carried out at either holding or slaughterhouse level show with a

confidence rating of 99 % that less than 0,2 % of the holdings were infected, or at least 10 % of the

ovine and caprine animals over six months of age have undergone a test carried out in accordance

with Schedule C with negative results;

(b) annually, from the second year following recognition of a Member State or region as

brucellosis-free (Br. melitensis), random checks carried out at either holding or slaughterhouse

level show with a confidence rating of 95 % that less than 0,2 % of the holdings were infected, or

at least 5 % of the ovine and caprine animals over six months of age have undergone a test carried

out in accordance with Schedule C with negative results;

(c) the provisions laid down in the above two indents may be amended in accordance with the

relevant procedure of the European Community.

(ii) the conditions for qualification continue to be fulfilled.

CHAPTER 2

Brucellosis (B. melitensis)-free ovine or caprine holding

A. Grant of status

A. An ovine or caprine holding is considered to be brucellosis (B. melitensis) free

1. in which

(a) all the animals susceptible to brucellosis (B. melitensis) have been free from clinical or other signs of

brucellosis for at least 12 months;

(b) all or some of the ovine or caprine animals have been vaccinated with Rev. 1 vaccine or any other

vaccine approved under the relevant procedure of the European Community. The vaccinated animals must

have been vaccinated before the age of seven months;

(c) two tests separated by an interval of six months or more have been carried out, with negative results, in

accordance with Schedule C, on all vaccinated ovine and caprine animals on the holding which are over 18

months old at the time of testing;

(d) two tests separated by an interval of six months or more have been carried out, with negative results, in

accordance with Schedule C, on all non-vaccinated ovine and caprine animals on the holding which are

over six months old at the time of testing; and

(e) after the tests referred to under points (c) or (d) have been carried out, all the ovine and caprine animals

on the holding were either born there or come from a brucellosis-free holding under the conditions laid

down in section D; and

2. in which the requirements laid down under paragraph (b) continue to be fulfilled once it has qualified as

brucellosis-free.

B. Maintenance of status

An annual test must be carried out on a representative number of the ovine and caprine animals on each

holding. The holding may retain its status only if the tests are negative.

The representative number of animals to be tested must, for each holding, consist of

— all non-castrated male animals over six months old which have not been vaccinated,

— all non-castrated male animals over 18 months which have been vaccinated,

— all animals brought onto the holding since the previous test,

— 25 % of females which are of reproductive age (sexually mature) or in milk, with a minimum of 50 per

holding except in holdings where there are fewer than 50 such females, in which case all these females

must be tested.

C. Suspected or actual cases of brucellosis

1. The brucellosis-free status of an ovine or caprine holding must be withdrawn if the holding contains one

or more ovine or caprine animals which are suspected of having brucellosis (B. melitensis). However, that

status may be provisionally suspended if the animal or animals are immediately destroyed or isolated

pending official confirmation of the disease or an official quashing of the suspicion of that disease.

2. If brucellosis (B. melitensis) is confirmed, the provisional suspension may be lifted only if all animals

infected or all the animals of the species susceptible to infection are slaughtered and two tests, separated by

an interval of three months or more and carried out in accordance with Schedule C on,

— all vaccinated animals over 18 months old,

— all non-vaccinated animals over six months old, and both give negative results.

D. Introduction of animals into a brucellosis (B. melitensis)-free ovine or caprine holding

The following animals only may be introduced into an ovine or caprine holding which is free from

brucellosis

1. ovine or caprine animals which come from an ovine or caprine holding which is free from or officially

free from brucellosis (B. melitensis);

2. until the date laid down for holdings to qualify as brucellosis-free in accordance with the eradication

plans adopted under Decision 90/242/EEC ovine or caprine animals from holdings other than those referred

to in point 1, provided that they meet the following conditions

(a) they must be individually identified in accordance with Article 4 (1)(a) of Directive 91/68/EEC;

(b) they must originate in a holding on which all animals belonging to species which are susceptible to

brucellosis (B. melitensis) have shown no clinical or other signs of brucellosis (B. melitensis) for at least 12

months;

(c) (i) (a)they must not have been vaccinated during the previous two years;

(b) they must have been kept under isolation under veterinary supervision on the holding of origin

and, during that period, must have undergone, with negative results, two tests separated by an interval of at

least six weeks in accordance with Schedule C; or

(ii) they must have been vaccinated with Rev. 1 vaccine or any other vaccine approved in accordance

with the relevant procedure of the European Community before the age of seven months and not less than

15 days before entering the holding of destination.

E. Change of status

A brucellosis (B. melitensis)-free ovine or caprine holding may qualify as an officially brucellosis (B.

melitensis)-free herd after a minimum period of two years if

(a) it contains no animal which has been vaccinated against brucellosis (B. melitensis) during the preceding

two years at least;

(b) the conditions laid down in point D.2. have been complied with throughout that period;

(c) at the end of the second year, a test carried out, in accordance with Schedule C, on all animals aged over

six months has in each case given a negative result.

(1) For the purposes of these rules, the definitions given in

Article 2 of Directive 90#425#EEC and in Article 2 of 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 (1)

shall apply as far as applicable.

(2) In addition, the following definitions shall apply for these

purposes of these rules -

“the Act” means the Veterinary Services Act<

“approved assembly centre” means premises on which ovine

or caprine animals originating from different holdings are grouped

together to form consignments of animals intended for intra-

Community trade<

“approved dealer’s premises” means premises operated by a

dealer as defined in these rules and approved by the competent

authorities at which ovine or caprine animals originated from

different holdings are grouped together to form consignments of

animals intended for intra-Community trade<

“assembly centre” means collection centres and markets, at

which under the supervision of the official veterinarian ovine and

caprine animals originating from different holdings are grouped

together to form consignments of animals for national movement<

“brucellosis-free ovine or caprine holding” means a holding

which satisfies the conditions laid down in Chapter 2 of Schedule

A<

“the Commission” means the European Commission<

“the Community” means the European Community as

established under the Treaty establishing the European Community<

“the competent authority” means the Veterinary Services

within the territory of Malta as provided under article 2 of the

Veterinary Services Act.

“compulsorily notifiable disease” means a disease listed under

Section I of Schedule B<

“dealer” means any natural or legal person who buys and sells

animals commercially either directly or indirectly, who has a

turnover of these animals and who within a maximum of 29 days

of purchasing animals resells them or relocates them from the first

premises to other premises or directly to a slaughterhouse not within

his ownership<

“holding of origin” means any holding on which the ovine

and caprine animals have been continuously present as required

by these rules and on which records are maintained demonstrating

the residence of the animals which may be audited by the competent

authorities<

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

European Community<

“the Minister” means the Minister responsible for agriculture<

“official veterinarian” means a veterinarian designated by the

competent central authority of the Member State< for Malta, a

veterinarian designated by the Veterinary Services<

“officially brucellosis-free ovine or caprine holding” means

a holding which satisfies the conditions laid down in Section I of

Chapter 1 of Schedule A<

“ovine or caprine animals for breeding” means ovine and

caprine animals other than those for slaughter or for fattening

intended to be transported to the place of destination, either directly

or via an approved assembly centre, for breeding and production

purposes<

“ovine or caprine animals for fattening” means ovine and

caprine animals other than those for slaughter or for breeding

intended to be transported to the place of destination, either directly

or via an approved assembly centre, in order to be fattened for

subsequent slaughter<

“ovine or caprine animals for slaughter” means animals of

the ovine or caprine species intended to be taken either directly or

via an approved assembly centre to a slaughterhouse in order to be

slaughtered<

“region” means that part of a Member State’s territory which

is at least 2000 km 2 in area and which is subject to inspection by

the competent authorities and includes at least one of the following

administrative regions>

-Belgium> province#provincie

-Germany> Regierungsbezirk

-Denmark> amt or island

-France> department

-Italy> provincial

-Luxembourg

-Netherlands> RVV-kring

-United Kingdom

England, Wales and Northern Ireland> county

Scotland> district or island area

- Ireland> county

-Greece> υοµς

-Spain> provincial

-Portugal>

Continent> distrito

Other parts of Portugal’s territory> região autónoma

-Austria> Bezirk

-Sweden> län

-Finland> lääni#län

“transporter” means any natural or legal person referred to in

Article 5 of Directive 91#628#EEC<

“Veterinary Services” means the competent authority within

the territory of Malta as established under article 2 of the Act.

I

— Foot-and-mouth disease

— Brucellosis (B. melitensis)

— Contagious epidydimitis (B. ovis)

— Anthrax

— Rabies

III

— Contagious agalactia

— Paratuberculosis

— Caseous lymphadenitis

— Pulmonary adenomatosis

— Maedi Visna

— Caprine viral arthritis/encephalitis.

Compulsorily notifiable diseases

(1) Ovine and caprine animals for slaughter may be the Conditions to trade.

subject of trade only if they fulfil the conditions laid down in rules 4 to

7 of these rules.

(2) Ovine and caprine animals for fattening may be the

subject of trade only if they fulfil the conditions laid down in rules 4 to

8 hereof, without prejudice to any additional guarantees which may be

required pursuant to rules 10 and 11.

(3) Ovine and caprine animals for breeding may be the

subject of trade only if they fulfil the conditions laid down in rules 4 to

9, without prejudice to any additional guarantees which may be required

pursuant to rules 10 and 11.

(4) By way of derogation from the provisions in sub-rules

(2) and (3), the competent authorities of Member States of destination

may grant general or limited derogations in respect of movement of

ovine and caprine animals for breeding and fattening, intended solely

for temporary pasturing near internal borders of the Community.

(5) Ovine and caprine animals covered by these rules must

at no time between leaving the holding of origin and arriving at

destination come into contact with clovenhoofed animals other than

animals that have the same health status.

Brucellosis (B. melitensis) tests

For a holding to qualify for brucellosis-free status, testing for brucellosis (B. melitensis) is performed by

means of the Rose Bengal method or by the complement-fixation method described in the Schedule F to

these rules or by any other method recognized in accordance with the relevant procedure of the European

Community. The complement-fixation method is used for tests on individual animals.

When carrying out the Rose Bengal test, if more than 5 % of the animals on a holding show a positive

reaction, a further test is carried out on every animal on the holding by means of the complement-fixation

method.

Serum containing 20 or more ICFT units/ml must be regarded as positive in the complement-fixation test.

The antigens used must be approved by the national laboratory and must be standardized against the second

international standard anti-brucella abortus serum.

(1) Veterinary Services shall ensure that ovine and caprine Powers of the

Competent

animals>

Authority.

(a) are identified and registered in accordance with European

Community legislation<

(b) are inspected by an official veterinarian during the 24

hours preceding the loading of the animals, and show no clinical

sign of disease<

(c) do not come from a holding, nor have been in contact

with animals from a holding, which is the subject of a prohibition

on animal health grounds< the period of such prohibition shall last

after the slaughter and, or the disposal of the last animal suffering

from or susceptible to anyone of the diseases hereunder referred

to, for at least>

(i) 42 days in the case of brucellosis,

(ii) 30 days in the case of rabies,

(iii) 15 days in the case of anthrax<

(d) do not come from a holding, nor have been in contact

with animals from a holding, situated in an area which for health

reasons is subject to a prohibition or restriction affecting the species

involved in accordance with European Community and, or national

legislation<

(e) are not the subject of animal health restrictions pursuant

to European Community legislation on foot-and-mouth disease nor

have they been vaccinated against foot-and-mouth disease.

(2) Veterinary Services shall ensure that the following

animals are not the subject of trade>

(a) ovine and caprine animals which may have to be

slaughtered under a national programme for the eradication of

diseases not referred to in Annex C to Directive 90#425#EEC or in

Chapter I of Schedule B to these rules<

(b) ovine and caprine animals which cannot be marketed

on their own territory for health or animal health reasons justified

by Article 30 of the Treaty of Rome.

(3) Veterinary Services shall ensure that ovine and caprine

animals shall>

(a) either have been born and reared since birth in the

European Community, or

(b) have been imported from a third country in accordance

with European Community legislation.

Official contagious epidydimitis (Brucella ovis) test

Complement-fixing test

The specific antigen used must be approved by the national laboratory and must be standardized against the

international standard anti-brucella ovis serum.

The working serum must be standardized with the international standard antibrucella ovis serum prepared

by the Central Veterinary Laboratory, Weybridge, Surrey, United Kingdom.

A serum containing 50 or more International Units per/ml must be regarded as positive.

(1) Veterinary Services shall ensure that ovine and caprine

animals for slaughter, breeding and fattening are not dispatched to

another Member State, unless the animals>

(a) have been continuously resident on the holding of origin

for at least 30 days, or since birth if the animals are younger than

30 days of age,

(b) do not come from a holding into which ovine or caprine

animals have been introduced during the 21 days prior to dispatch,

(c) do not come from a holding into which biungulate

animals imported from a third country have been introduced during

the 30 days prior to dispatch.

(2) By way of derogation from sub-rules (1)(b) and (c) of

this rule, Veterinary Services may authorise the dispatch of ovine and

caprine animals to another Member State, if the animals referred to in

sub-rules (1)(b) and (c) hereof have been completely isolated from all

other animals on the holding.

Where in these regulations reference is made to Schedule E of these regulations or Annex E of the

European Union Council Directive 91/68/EEC reference should be made to the European Union

Commission Regulation (EC) No 599/2004 concerning the adoption of a harmonised model certificate and

inspection report linked to intra-Community trade in animals and products of animal origin

Model III

HEALTH CERTIFICATE ( 1 ) FOR TRADE BETWEEN MEMBER

1. STATES OF THE EUROPEAN COMMUNITIES IN OVINE AND

CAPRINE ANIMALS FOR BREEDING

No

ORIGINAL

3. MEMBER STATE……………………………………………

2.

4. Competent authority

4.1

Ministry :……………………………………………………

4.2

Department : …………………………………………………

5. ……………………………………………………………………………

6.

7. Establishment(s) of origin

Name and address of the holding of origin( 4 )

7.1

…………………………………………………………………………

8. …………………………………………………………………………

…………………………………………………………………………

…………………………………………………………………………

………………………………

7.2

Name and address and registration number of the approved

assembly centre ( 4 ) or approved dealer premises (²) ( 4 )

……………………………………………………………………………

……………………………………………………………………………

……………………………………………………………………………

9. ……………………………………………………………………………

10. Breed …………………………………………………

Individual identification of the animals included in the consignment

Age (months) and Sex (♂♀,castrated)

Number of animals

11. Origin of the animals

The animals where either

(a) born and have been reared since birth on Community territory ( 4 )

or

(b) imported from a third country satisfying the animal health conditions laid down in Commission Decision 93/198/EEC in accordance

with Article 8 of Directive 72/462/EEC ( 4 )

12. Health information

I, the undersigned, certify that the animals described above meet the following requirements

they have been inspected today (within 24 hours prior to loading) and show no clinical sign of disease;

they are not animals which are to be destroyed under a scheme to eradicate a contagious or infectious disease;

they were they obtained from a holding which is the subject of a prohibition on animal health grounds and they have not been in contact with

animals from such a holding, it being understood that

such prohibition is connected with the outbreak of one of the following diseases to which the animals are susceptible

-

brucellosis,

-

rabies,

-

anthrax;

after slaughter and/or destruction of the last animal suffering from or susceptible, the duration of the prohibition must be at least

-

42 days in the case of brucellosis,

-

30 days in the case of rabies,

-

15 days in the case of anthrax;

they do not come from a holding or have been in contact with animals from a holding in a protection zone which has been set up under

community legislation and which animals are prohibited to leave;

they are not the subject of animal health measures pursuant to the community legislation on foot-and-mouth disease nor have they been

vaccinated against foot-and-mouth disease;

they have remained on a single of origin for a period of at least 30 days prior to loading, or since birth in the holding of origin where the

animals are less than 30 days old, and no animal of the ovine or caprine species has been introduced into the holding of origin during the last

21 days prior to loading and no biungulate animal imported from a third country has been introduced into the holding of origin, unless those

animals were introduced in accordance with Article 4a(2) of Directive 91/68/EEC;

they comply with additional guarantees provided for in Articles 7 or 8 of council Directive 91/68/EEC and laid down for the Member State of

destination or part of its territory ………………………………………………………………………………[insert Member State or part of

its territory] in Commission Decision …./…./EC ( 4 )

they comply with at least one of the following conditions in 12.6.1, 12.6.2 or 12.6.3 and therefore qualify for admission to an ovine or

caprine holding which is officially brucellosis-free (B. melitensis) ( 4 )

the holding of origin is situated in a Member state or part of its territory ………………………………………………………………………

[insert Member State or part of its territory] which is recognised as being officially brucellosis free in accordance with Commission Decision

…./…./EC ( 4 ), or

they come from an officially brucellosis-free (B. melitensis) ( 4 ) holding and

they come from a brucellosis-free (B. melitensis) holding and

(i) they are identified individually,

(ii) they have never been vaccinated against brucellosis or if they have been vaccinated were so vaccinated more than two years previously or

they are females over two years old which were vaccinated before the age of seven months and

(iii) they were isolated under official supervision on the holding of origin and, during such isolation, underwent, with negative results, two

tests for brucellosis in accordance with Annex C to Directive 91/68/EEC, separated by an interval of at least six weeks ( 4 );

B

they comply with at least one of the following conditions in 12.7.1, 12.7.2 or 12.7.3 and therefore qualify for admission to an ovine or caprine

holding which is officially brucellosis-free (B. melitensis) ( 4 )

they come from an officially brucellosis-free (B. melitensis) holding ( 4 ); or

they come from a brucellosis-free (B. melitensis) holding ( 4 ); or

until the qualifying date under eradication plans approved pursuant to Decision 90/242/EEC, they originate from a holding other than that

referred to in 12.7.1 and 12.7.2 and satisfy the following conditions

(i) they are identified individually,

(ii) they originate from a holding in which all the animals of species susceptible to brucellosis (B. melitensis) have been free of clinical

symptoms or any other symptoms of brucellosis for at least 12 months;

(iii) either

-

they have not been vaccinated against brucellosis (B. melitensis) in the last two years, and

-

they were isolated under veterinary supervision on the holding of origin and, during such isolation, underwent, with negative results, two

tests for brucellosis in accordance with Annex C to Directive 91/68/EEC, separated by an interval of at least six weeks ( 4 ),

or

-

they were vaccinated with Rev. 1 vaccine before the age of seven months but not later than 15 days before their introduction into the

holding of destination ( 4 );

as regards contagious epididymitis of rams (B. ovis), where uncastrated breeding rams are concerned, they must

(i) come from a holding on which no case of contagious epididymitis of rams (B. ovis) has been recorded in the past 12 months and

(ii) have been kept permanently on that holding for the 60 days preceding consignment, and

(ii) have undergone, within 30 days prior to consignment, with a negative result, a complement fixing test to detect contagious epididymitis of

rams (B. ovis) in accordance with Annex D to Directive 91/68/EEC;

to the best of the knowledge of the undersigned and according to the written declaration made by the owner, they were not obtained from a

holding nor have not been in contact with animals from a holding in which the following diseases have been clinically detected

(i) within the last six months, contagious agalactica of sheep (mycoplasma agalactiae) and contagious agalactica of goats (mycoplasma

agalactiae, M. capricolum, M. mycoides subsp. mycoides large colony),

(ii) within the last 12 months, paratuberculosis or caseous lymphadenitis,

(iii) within the last three years, pulmonary adenomatosis, maedi/visna or caprine viral arthritis/ ecephalitis. However, this time limit is reduced

to 12 months if animals affected by maedi/visna or caprine viral arthritis/ecephalitis have been slaughtered and the remaining animals have

reacted negatively to two tests.

As regards scrapie, the animals

12.10.1 either have been kept continuously since birth or for the last three years on a holding or holdings which have satisfied the following

requirements for at least three years ( 4 )

(i) it is/they are subject to regular official veterinary checks,

(ii) the animals are marked,

(iii) no case of scrapie has been confirmed,

(iv) checking by sampling of old female animals intended for culling is carried out on the holding(s)

(v) females are introduced into the holding(s) only if they come from a holding which complies with the same requirements; or

12.10.2 are sheep for the ARR/ARR prion protein genotype, as define in Annex I to Commission Decision 2002/1003/EC ( 4 ),

and

12.10.3 if they are destined for a Member State which benefit for all or part of its territory, from the provisions laid down in point (b) or (c) of Part I in

Chapter A in Annex VIII to Rule (EC) No 999/2001 they comply with the additional guarantees laid down for the Member State of destination

or part of its territory ……………………………………………………………………… [insert Member State or part of its territory] in

Commission Rule (EC) No …./…. ( 4 ).

13.1

The animals were transported using means of transport and containment which had, beforehand, been cleaned and disinfected using an

officially approved disinfectant, and in such a way as to provide effective protection of the animals' health status.

13.2

Based on the official documentation accompanying the animals the consignment covered by this health certificate started the journey on

……………………………..(insert date) ( 5 )

13.3

At the time of inspection the animals were fit to be transported on the intended journey in accordance with the provisions of Directive

91/628/EEC ( 6 )

14. This certificate is valid for ten days from the date of inspection

14.1

Official stamp and signature

14.2

Done at

………………………………………………………………………………………..

(insert place of inspection)

14.3

Done on

………………………………………………………………………………………..

Stamp

(insert date of inspection)

14.4

Signature of official veterinarian

………………………………………………………………………………

……………………………………………………………………………….

(insert name and capacity in block capitals)

( 1 ) health certificates may be drawn up only for animals which are to be transported in the same railway wagon, truck/lorry, aircraft or boat/ship, which

originate from the same holding/assembly centre and which are being sent to the same consignee.

( 2 ) Give the registration number in the case of railway wagons and lorries/trucks, the flight number in the case of aircraft and the name in case of boats

and ships.

( 3 ) State number and location

( 4 ) Delete where not applicable.

( 5 ) In the case where a consignment is grouped in an assembly centre and comprises animals that where loaded on different date, the date at which the

journey commenced for the whole consignments is considered to be the earliest date when any part of the consignment left the holding of origin.

( 6 ) This statement does not exempt transporters from their obligations in accordance with Community provisions in force in particular regarding the

fitness of animals to be transported.

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

(1) Veterinary Services shall ensure that the conditions set Application of rules

out in rules 2 to 9 are applied to intra-Community trade in all ovine and 2 to 9.

caprine animals.

(2) The animals shall not be outside their holding of origin

for more than six days before being last certified for trade to the final

destination in another Member State as indicated in the health certificate>

Provided that without prejudice to rule 15(1) in the case of

transport by sea, the time limit of six days shall be prolonged by the

duration of the sea journey.

(3) After leaving the holding of origin the animals shall be

consigned directly to the destination in another Member State.

(4) By way of derogation from sub-rule (3) hereof, ovine

and caprine animals may, after leaving the holding of origin and before

arrival at destination in another Member State, transit through only one

approved assembly centre situated in the Member State of origin. In the

case of ovine and caprine animals for slaughter, the approved assembly

centre may be substituted by approved dealer’s premises situated in the

Member State of origin.

(5) Animals for slaughter which have been taken on arrival

in the Member State of destination to a slaughterhouse, must be

slaughtered there as soon as possible but at least within 72 hours of

arrival.

(6) Without prejudice to rule 3(5), veterinary services shall

ensure that the animals covered by these rules at no time, between leaving

the holding of origin and their arrival at destination, compromise the

health status of ovine and caprine animals not intended for intra-

Community trade.

(1) By way of derogation from rule 5(1)(a), ovine and caprine Derogations from

animals for slaughter may be subject to trade after they have been rules 5 and 6.

continuously resident on the holding of origin for at least 21 days.

(2) By way of derogation from rule 5(1)(b), and without

prejudice to sub-rule (1) hereof and rule 6(2), ovine and caprine animals

for slaughter may be consigned from a holding of origin into which

ovine or caprine animals have been introduced during the 21 days prior

to dispatch, if they are transported directly to a slaughterhouse in another

Member State for immediate slaughter without passing through an

assembly centre or staging point established in accordance with Directive

91#628#EEC.

(3) By way of derogation from rule 6(3) and (4), and without

prejudice to the provisions in rule 6(2), ovine and caprine animals for

slaughter may, after leaving the holding of origin, pass through one

additional assembly centre under the following alternative conditions>

(a) the animals, before passing through the approved

assembly centre referred to in rule 6(4) which is situated in the

Member State of origin, comply with the following conditions>

(i) after leaving the holding of origin the animals pass

through one single assembly centre under official veterinary

supervision, which permits at the same time only animals of

at least the same health status<

(ii) without prejudice to European Community

legislation on identification of sheep and goats, at the latest

at that assembly centre the animals are individually identified

so as to enable in each case the tracing of the holding of origin<

and

(iii) from the assembly centre the animals are,

accompanied by an official veterinary document, transported

to the approved assembly centre referred to in rule 6(4) to be

certified and consigned directly to a slaughterhouse in the

Member State of destination<

or

(b) the animals may after dispatch from the Member State

of origin transit through one approved assembly centre before being

consigned to the slaughterhouse in the Member State of destination

under the following conditions>

(i) either the approved assembly centre is situated in

the Member State of destination from where the animals must

be removed under the responsibility of the official veterinarian

directly to a slaughterhouse to be slaughtered within five days

of arrival at the approved assembly centre, or

(ii) the approved assembly centre is situated in one

Member State of transit from where the animals are consigned

directly to the slaughterhouse in the Member State of

destination indicated in the animal health certificate issued in

accordance with rule 15(6).

Without prejudice to the additional guarantees that may be Further

required in accordance with rules 10 and 11, ovine and caprine animals requirements

met.

for breeding and fattening shall, in addition to the conditions laid down

in rule 4, and — in order to be introduced onto an officially brucellosis-

free or brucellosis-free ovine or caprine holding respectively meet the

requirements of Chapter I.D or Chapter 2.D of Schedule A.

Without prejudice to the additional guarantees that may be Further

required in accordance with rules 10 and 11, animals for breeding must requirements

animals for

furthermore meet the following requirements>

breeding.

(a) they must have been obtained from a holding and must

only have been in contact with animals from such a holding>

(i) in which the following diseases have not been

clinically diagnosed>

(1) in the previous six months, contagious

agalactia of sheep (Mycoplasma agalactiae) or

contagious agalactia of goats (Mycoplasma agalactiae,

M. capricolum, M. MycoÔdes var. mycoÔdes ‘large

colony’),

(2) in the previous 12 months, paratuberculosis

or caseous lymphadenitis,

(3) in the previous three years, pulmonary

adenomatosis, Maedi Visna or caprine viral

arthritis#encephalitis. However, this period shall be

reduced to 12 months if the animals infected with Maedi

Visna or caprine viral arthritis#encephalitis have been

slaughtered and the remaining animals have reacted

negatively to two tests recognized by the European

Community, which, without prejudice to compliance

with the requirements for other diseases, provides, for

one or more of the abovementioned diseases, within the

framework of a programme approved in accordance with

rules 7 and 8, health guarantees which are equivalent

for the said disease or diseases<

(ii) where no facts suggesting that the requirements of

point (i) have not been met, have been brought to the attention

of the official veterinarian responsible for issuing the health

certificate<

(iii) whose owner states that he has no knowledge of

any such facts and, moreover, states in writing that the animal

or animals intended for intra-Community trade comply with

the criteria laid down in point (i)<

(b) with regard to contagious epidydimitis (B. ovis), non

castrated rams, for breeding, must>

(i) come from a holding where no case of contagious

epidydimitis (B. ovis) has been diagnosed in the preceding

12 months,

(ii) have been continuously kept on that holding for

60 days prior to dispatch,

(iii) in the 30 days prior to dispatch have undergone,

with negative results, a serological test carried out in

accordance with Schedule D or satisfy equivalent health

guarantees to be recognized by the European Community<

(c) the certificate corresponding to Model III of Schedule

E states that these requirements have been met.

(1) On the basis of a veterinary services proposal, the

Minister may define a compulsory or voluntary national control

programme or a national monitoring programme for one of the infectious

or contagious diseases referred to in Schedule B, Section III for all or

part of the territory of Malta and shall submit the said programme to the

European Commission, outlining in particular>

(a)

the distribution of the disease in the territory of Malta<

(b) the reasons for the programme, taking into consideration

the importance of the disease and the programme’s likely benefit

in relation to its cost,

(c) the geographical area in which the programme will be

implemented,

(d) the various status categories to be applied to the holdings,

the standards which must be attained in each category, and the test

procedures to be used,

(e)

the programme monitoring procedures,

(f) the action to be taken if, for any reason, a holding loses

its status,

(g) the measures to be taken if the results of the tests carried

out in accordance with the provisions of the programme are

positive.

(2) After examination by the European Commission, the

programme as referred to in sub-rule (1) may be approved, in compliance

with the criteria laid down in sub-rule (1), in accordance with the

procedure of the European Community. According to the same

procedure, the additional guarantees, general or limited, which may be

required in intra-Community trade, shall be defined at the same time or

at the latest three months after approval of the programmes. Such

guarantees must not exceed those which are implemented in Malta.

(3) Programmes submitted by Malta may be amended or

supplemented in accordance with the procedure laid down in sub-rule

2. Amendments or additions to programmes which have already been

approved or to guarantees which have been defined in accordance with

sub-rule 2 may be approved under the same procedure.

(1) Where Malta considers that its territory or part of its When territory is

free from disease.

territory is free from one of the diseases listed in Schedule B, sections

III to which ovine and caprine animals are susceptible, Veterinary

Services shall present to the European Commission appropriate

supporting documentation, setting out in particular>

(a) the nature of the disease and the history of its occurrence

in the territory of Malta<

(b) the results of surveillance testing based on serological,

microbiological, pathological or epidemiological investigation and

on the fact that the disease must by law be notified to the Veterinary

Services,

(c)

the period over which the surveillance was carried out,

(d) where applicable, the period during which vaccination

against the disease has been prohibited and the geographical area

concerned by such prohibition,

(e) the arrangements for verifying the absence of the disease.

(2) After examination by the European Commission of the

supporting documentation submitted by Malta, the additional guarantees,

general or limited, which may be required in intra-Community trade

shall be defined in accordance with the procedure of the European

Community. Such guarantees must not exceed those which Malta

implements on its territory.

(3) The Veterinary Services shall notify the European

Commission of any change in the supporting documentation specified

in sub-rule (1) hereof which relate to the disease. The guarantees

defined as laid down in sub-rule (2) may, in the light of such notification,

be amended or withdrawn in accordance with the procedure laid down

in sub-rule (2).

(1) In order to be approved by the Veterinary Services,

assembly centres must at least>

(a) be under the control of an official veterinarian who shall

ensure that, in particular, the provisions of rule 3(5) are complied

with<

(b) be located in an area which is not subject to prohibition

or restrictions in accordance with relevant European Community

legislation and, or Maltese laws<

(c) be cleaned and disinfected before use, as required by

the official veterinarian<

(d) have, taking into account the animal capacity of the

assembly centre>

(i) a facility dedicated exclusively for this purpose

when used as an assembly centre<

(ii) appropriate facilities for loading, unloading and

adequate housing of a suitable standard for the animals, for

watering and feeding them, and for giving them any necessary

treatment< these facilities must be easy to clean and disinfect<

(iii) appropriate inspection facilities<

(iv) appropriate isolation facilities<

(v) appropriate equipment for cleaning and disinfecting

rooms and trucks<

(vi) an appropriate storage area for fodder, litter and

manure<

(vii) an appropriate system for collecting waste water<

(viii) the use of an office for the official veterinarian.

(e) admit only animals which are identified in accordance

with European Community legislation and comply with the animal

health conditions set down in these rules for the category of animals

concerned. To this end, when animals are admitted, the owner or

person in charge of the centre shall ensure they are accompanied

by health documents or appropriate certificates for the species and

categories involved<

(f) be regularly inspected by the Veterinary Services in order

to ascertain that the requirements for approval continue to be

fulfilled.

(2) The owner or person in charge of the assembly centre

shall be required, on the basis either of the accompanying documents

for the animals or of the identification numbers or marks of the animals,

to record on a register or a database and retain for a minimum period of

three years the following information>

(a) the name of the owner, the origin, date of entry and exit,

number and identification of the ovine and caprine animals or the

registration number of the holding of origin of the animals entering

the centre, where applicable the approval or registration number

of the assembly centre through which the animals have passed

prior to entering the centre and their proposed destination,

(b) the registration number of the transporter and the licence

number of the lorry delivering or collecting animals from the centre.

(3) The Veterinary Services shall issue an approval number

to each approved assembly centre. Such approval may be limited to

one or the other species covered by these rules or to animals for breeding

or fattening or to animals for slaughter. The Veterinary Services shall

notify the European Commission of the list of approved assembly centres

and of any updates.

(4) The Veterinary Services may suspend or withdraw

approval in the event of failure to comply with this rule or other

appropriate notices in respect of health restrictions. Approval may be

restored when the Veterinary Services is satisfied that that assembly

centre is in full compliance with all the appropriate provisions of this

rule.

(5) The Veterinary Services shall ensure that, when

operating, assembly centres have sufficient approved veterinarians to

carry out all duties.

(6) Any detailed rules required for uniform application of

this rule shall be adopted in accordance with the requirements of the

European Community and under the procedure referred to in article 8

of the Act.

(1) All dealers are registered and, for the purpose of intra-

Community trade, are approved and issued with an approval number

by the Veterinary Services and that approved dealers shall comply with

at least the following conditions>

(a) they must deal only in animals which are identified and

come from holdings that conform with the conditions set out in

rule 3. To this end, the dealer shall ensure that the animals are

properly identified and are accompanied by health documents as

appropriate in accordance with these rules<

(b) the dealer shall be required, either on the basis of the

document accompanying the animals, or on the basis of

identification numbers or marks on the animals, to keep a record

or database and to store the following data for at least three years>

(i) the name of the owner, origin, date of purchase,

categories, number and identification of ovine and caprine

animals or registration number of the holding of origin of the

animals purchased, where applicable, the approval or

registration number of the assembly centre through which

the animals have passed prior to purchase and their destination,

(ii) the registration number of the transporter and#or

the licence number of the lorry delivering and collecting

animals,

(iii) the name and address of the purchaser and the

destination of the animal,

(iv) copies of route plans and#or serial number of health

certificates as applicable<

(c) when the dealer keeps animals on his premises he shall

ensure that>

(i) specific training is given to the staff in charge of

the animals in applying the requirements of these rules and in

the care and welfare of the animals,

(ii) any necessary controls and tests on the animals are

carried out regularly by the official veterinarian and that all

necessary steps are taken to prevent the spread of disease.

(2) All premises used by a dealer in connection with his

business are registered and issued with an approval number by the

Veterinary Services and that they shall comply with at least the following

conditions>

(a) they must be under the control of an official veterinarian<

(b) they must be located in an area which is not subject to

prohibition or restrictions in accordance with relevant European

Community legislation or Maltese laws<

(c)

they must have>

(i) appropriate facilities of sufficient capacity and, in

particular, inspection facilities and isolation facilities so that

all animals can be isolated in the event of an outbreak of a

contagious disease<

(ii) appropriate facilities for unloading and where

necessary adequate housing of a suitable standard for the

animals, for watering and feeding them, and for giving them

any necessary treatment< these facilities must be easy to clean

and disinfect<

(iii) an appropriate reception area for litter and manure,

(iv) an appropriate system for collecting waste water<

(d) they must be cleaned and disinfected before use, as

required by the official veterinarian.

(3) The Veterinary Services may suspend or withdraw

approval in the event of failure to comply with these rules

other rules in respect of health restrictions. Approval may be

restored when the Veterinary Services is satisfied that the

dealer is in full compliance with all the appropriate provisions

of these rules.

(4) The Veterinary Services must carry out regular

inspections in order to ascertain that the requirements of this

rule are fulfilled.

(1) The transporters referred to in Article 5 of Directive Conditions to be

fulfilled by

91#628#EEC shall meet the following additional conditions>

transporters.

(a) for the carriage of animals they must use means of

transport which are>

(i) constructed in such a way that the animal faeces,

litter or feed cannot leak or fall out of the vehicle,

(ii) cleaned and disinfected immediately after every

animal transport or that of any product which could affect

animal health and if necessary before any new loading of

animals, using disinfectants officially authorised by the

Veterinary Services<

(b) they must either have appropriate cleaning and

disinfection facilities approved by the Veterinary Services,

including facilities for storing litter and dung, or they must provide

documentary evidence that these operations are performed by a

third party approved by the Veterinary Services.

(2) The transporter must ensure that for each vehicle used

for the transport of animals a register is kept containing at least the

following information which shall be kept for a minimum period of

three years>

(a) places and dates of pick-up, and the name or business

name and address of the holding or assembly centre where the

animals are picked up,

(b) places and dates of delivery, and the name or business

name and address of any consignee,

(c)

species and number of animals carried,

(d) date and place of disinfection,

(e)

details of accompanying documentation, number, etc.

(3) Transporters shall ensure that the consignment or

animals do not at any time, between leaving the holdings or the assembly

centre of origin and arriving at their destination, come into contact with

animals of a lower health status.

(4) Transporters shall give a written undertaking stating in

particular that>

(a) all the measures necessary to comply with these rules

shall be taken and in particular the provisions laid down in this

rule and relating to the appropriate documentation that must

accompany the animals,

(b) the transport of animals is entrusted to staff who possess

the necessary ability, professional competence and knowledge.

(5) Article 18 of the European Union Council Directive

91#628#EEC shall apply in a like manner in case of infringement of this

rule.

(1) Ovine and caprine animals must be accompanied during Documents

transportation to destination by a health certificate conforming to either necessary

transportation.

model I, II or III set out in Schedule E, as appropriate. The certificate

shall consist of a single sheet or, where more than one page is required,

shall be in such a form that any two or more pages are part of an

integrated whole and indivisible and shall contain a serial number. It

shall be drawn up on the day of the health inspection, in one of the

official languages of the country of destination at least. The certificate

shall be valid for ten days from the date of the health inspection.

(2) The health inspection for the issuing of the health

certificate, including additional guarantees, for a consignment of animals

may be carried out in the holding of origin or in an approved assembly

centre or, in the case of animals for slaughter, on approved dealer’s

premises. For this purpose the Veterinary Services shall ensure that

any certificate is drawn up by the official veterinarian after inspections,

visits and controls as provided by these rules.

(3) The official veterinarian for the assembly centre shall

carry out all necessary checks on animals arriving there.

(4) For ovine and caprine animals for fattening and breeding

dispatched to another Member State from an approved assembly centre

located in the Member State of origin, the health certificate referred to

in sub-rule (1) hereof, conforming to either model II or III set out in

Schedule E as appropriate, may only be issued on the basis of the checks

provided for in sub-rule (3) and of an official document containing the

necessary information completed by the official veterinarian responsible

for the holding of origin.

(5) For ovine and caprine animals for slaughter dispatched

to another Member State from an approved assembly centre or from an

approved dealer’s premises located in the Member State of origin, the

health certificate referred to in sub-rule (1), conforming to model I set

out in Schedule E, may only be issued on the basis of the checks provided

for in sub-rule (3) and of an official document containing the necessary

information completed by the official veterinarian responsible for the

holding of origin or the assembly centre referred to in rule 7(3)(a)(i).

(6) For ovine and caprine animals for slaughter passing

through an approved assembly centre in accordance with rule

4C(3)(b)(ii), the official veterinarian responsible for the approved

assembly centre in the Member State of transit shall provide certification

to the Member State of destination by issuing a second health certificate,

conforming to model I set out in Schedule E, completing it with the

requested data from the original health certificate(s) and attaching to it

an officially endorsed copy thereof. In this case, the combined validity

of the certificates shall not exceed that provided for in sub-rule1.

(7) The official veterinarian issuing a health certificate for

intra-Community trade conforming to either model I, II or III set out in

Schedule E as appropriate, shall ensure that the movement is recorded

in the ANIMO system on the day the certificate is issued.

The rules laid down in the European Union Council Directive

90#425#EEC shall apply, in particular to checks at origin, to the

organization of, and follow-up to, the checks to be carried out at

destination, and to the protective measures to be implemented.

(1) Veterinary experts from the Commission may, in

cooperation with the Veterinary Services, carry out on-the-spot

inspections. The Veterinary Services on whose territory inspections are

carried out shall afford all necessary aid to the experts in the

accomplishment of their task.

(2) Concerning checks at destination, where Malta

implements an alternative control system providing guarantees

equivalent to those laid down in rule 8 and rule 9 and (c) as regards

movements within its territory of ovine and caprine animals, Veterinary

Services may grant one another derogations from the inspection provided

for under rule 4 (1) (b) and the obligation to produce a certificate

provided for under rule 15 on a reciprocal basis for Member States

which implement an alternative control system providing guarantees

equivalent to those laid down in rules 8 and 9 (a) and (c) as regards

movements within their territory of ovine and caprine animals.

Veterinary Services shall notify the European Commission thereof.