Classical Swine Fever (Precautions) Rules, 2005

L.N. 310 of 2005

VETERINARY SERVICES ACT

(CAP. 437)

Classical Swine Fever (Precautions) Rules, 2005

IN exercise of the powers conferred by article 5(1) of the Veterinary

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

consultation with Veterinary Services, has made the following rules>-

(1) The title of these rules is Classical Swine Fever Title and scope.

(Precautions) Rules, 2005.

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

under European Union Council Directive 80#1095#EEC laying down

the conditions to render and keep Malta free from classical swine fever,

and in accordance with articles 5(1) and 23(b) of the Veterinary Services

Act.

For the purposes of these rules, the following definitions shall Definitions.

apply>

“officially swine fever-free holding” means a holding in

which>

(i) no swine fever has been detected for at least the

preceding 12 months,

(ii) there are no pigs which have been vaccinated

against swine fever in the preceding 12 months,

(iii) vaccination against swine fever has not been

authorized for at least the preceding 12 months,

In addition, no swine fever must have been detected for at least the

preceding 12 months at least within a radius of two kilometers around

the holding<

“officially swine fever-free Member State” means a European

Union Member State in which>

(i) no swine fever has been detected for at least the

preceding 12 months,

(ii) vaccination against swine fever has not been

authorized for at least the preceding 12 months, in which the

holdings contain no pigs which have been vaccinated against

swine fever in the preceding 12 months and which has been

so recognized under rule 3 (2) or 7 (1)<

“officially swine fever-free region” means a region in which>

(i) no swine fever has been detected for at least the

preceding 12 months,

(ii) vaccination against swine fever has not been

authorized for at least the preceding 12 months, in which the

holdings contain no pigs which have been vaccinated against

swine fever in the preceding 12 months and which has been

so recognized under rule 7 (2)<

“swine fever-free Member State or region” means a European

Union Member State or region in which no swine fever has been

detected for at least the preceding 12 months.

(1) The competent authority shall prepare a plan for the

accelerated eradication of swine fever.

(2) Not later than six months after the date of notification

of this Legal Notice, the status of Malta shall be established under the

European Community procedure for the purpose of determining the

requirement to submit a plan in accordance with sub-rule (1) hereof.

(3) Such plan, which must be carried out over a period of

not more than six years, must meet the requirements of rule 4 hereof

and be approved in accordance with Article 5 (3) of Council Decision

80#1096#EEC introducing Community financial measures for the

eradication of classical swine fever.

(4) If Malta is not officially swine fever-free upon

completion of the measure specified in sub-rules (1), (2), and (3) hereof,

the Veterinary Services shall prepare a new plan for completing the

eradication of the disease.

(5) The period for implementing the new plan shall be such

that the total period for implementing the measures specified in the

provisions of the sub-rules hereof is of 10 years. The new plan must

meet the requirements laid down in rule 4 and be approved in accordance

with Article 5 (3) of Decision 80#1096#EEC.

(1) The plan referred to in rule 3 hereof must be designed to Specifications

plan of eradication

ensure that Malta will be officially free from swine fever after six years of disease.

(2) Such plan must specify as appropriate>

(i) the date of prohibition of vaccination of breeding pigs,

(ii) the date of prohibition or, in the first two years of

implementing the plan, of restriction of vaccination of fattening

pigs,

(iii) the date of commencement of the swine fever detection

campaign, where such has proved necessary,

(iv) the measures, resources and timetable proposed by the

competent authority in order to attain the objective fixed in sub-

rule (1) hereof.

(3) The plan may be implemented on a regional basis if the

competent authority is able to guarantee that the status of the regions

concerned will be protected and maintained. In that event, the details

required under sub-rule (2) hereof must relate to each of the regions

defined in the plan.

(4) The competent authority shall notify the European

Commission of>

(a) the annual expenditure in connection with swine fever

in each of the past three years, with a breakdown of such

expenditure<

(b) the forecast annual expenditure on the six-year plan.

(1) The new plan referred to in sub-rules 3(4) and 3(5) hereof, Further

specifications of

must be designed to ensure that, upon expiry of the period specified, plan.

Malta will be officially free from classical swine fever.

(2) The new plan must specify as appropriate>

(a) in the case of regions where vaccination has been

performed for upwards of one year>

(i) the number of holdings selected for the purpose of

obtaining samples which are representative of the region

concerned, and the number of pigs in each holding,

(ii) the number of piglets which have been produced

by vaccinated sows on those holdings and which will not be

vaccinated,

(iii) the number and type of the tests which those piglets

will undergo over a six-month period with a view to detecting

whether or not the classical swine-fever virus is present,

(iv) that vaccination must be discontinued if the tests

referred to in paragraph (iii) hereof reveal that the classical

swine-fever virus is not present, and the date on which the

prohibition is likely to take effect<

(b) in the case of regions where vaccination has been

performed for less than 12 months>

(i) the date of commencement of vaccination,

(ii) the likely date on which the measures referred to

in sub-paragraph (a) will be implemented<

(c) if vaccination has been suspended, but the region is not

yet officially swine fever free>

(i) the number of herds (breeding, multiplier, mixed

and fattening herds) in which spot checks will be carried out,

(ii) the total number and description of the tests carried

out on those herds each year,

(iii) the number of spot serological tests which will be

carried out each year on slaughter pigs at the time of slaughter.

(a) The European Commission shall make regular on-the-

spot checks to verify from a veterinary viewpoint whether the plans are

being applied.

(b) The competent authority shall take the necessary steps

to facilitate such checks and shall in particular ensure that the experts

are supplied at their request with all information and documentation

needed for assessing the execution of the plans.

(c) The general provisions for implementing this rule,

especially as regards the frequency and method of carrying out the checks

referred to in paragraph (a) hereof, the rules governing the appointment

of veterinary experts and the procedure which they must follow when

drawing up their report, shall be laid down in accordance with European

Community procedure.

(1) The competent authority shall, in accordance with Article Plans to be

forwarded to the

5 (1) of Decision 80#1096#EEC, forward to the Commission the plans Commission.

provided for in sub-rules 3 (1), (2), and (3) or, in accordance with Article

5 (1) (a) of that Decision, the new plans provided for in sub-rules 3 (4)

and (5).

(2) Such plans shall be approved in accordance with the

procedure set out in Article 5 (3) of that Decision. The new plans shall

be approved in accordance with the procedure set out in Article 5 (3) of

Decision 80#1096#EEC.

(3) Should swine fever spread alarmingly in Malta or in

any other part of the European Community territory during the

implementation of a plan approved under sub-rule (2), the competent

authority may review the situation and take the precautionary measures

deemed appropriate, including the reintroduction of organized preventive

vaccination. The European Commission shall be informed accordingly.

(4) Plans approved under sub-rule (2) may be modified or

supplemented by the same procedure in order to keep pace with

developments in the situation with regard to swine fever in Malta, and

in particular to take account of possible implementation of the measures

provided for in sub-rule (3).

(1) Malta shall be recognized as officially swine fever-free Conditions for

recognition of Malta

territory once the following conditions have been fulfilled in the Malta being free from

for at least 12 months>

swine fever.

(a)

no swine fever has been detected<

(b) vaccination against swine fever has been discontinued.

(2) Under European Community procedure, any part of the

territory to which sub-rule 4 (3) applies may be recognized as officially

swine fever-free, though not earlier than three months after it has fulfilled

the conditions of sub-rule (1) of this rule, provided Malta can supply

adequate guarantees that the status of that part of the territory will be

maintained, in particular by showing evidence of the existence of

measures>

(i) either to prohibit the introduction into the part of the

territory concerned of pigs from holdings which are not officially

swine fever-free<

(ii) or to prohibit vaccinated pigs from leaving holdings

situated in a part of the territory which is not officially swine fever-

free or which is not swine fever-free except for immediate slaughter

or for introduction into another holding of the same status.

(1) If Malta, during the period laid down in Article 2 (1) of

Decision 80#1096#EEC, loses its status as officially swine fever free, it

may avail itself of sub-rule 3(1) provided its plan does not extend beyond

that period. Similarly, if Malta, during the whole period laid down in

Article 2 (1) of Decision 80#1096#EEC, loses its status as officially swine

fever-free, it may avail itself of sub-rule 3(4) provided the execution of

its plan does not extend beyond the duration of the supplementary

measures.

(2) (a) However, if an outbreak or a number of

epizootiologically interrelated outbreaks of swine fever occur within a

geographically limited area in the local territory which is officially swine

fever-free, the status of Malta shall not be withdrawn for a period of 15

days if Malta takes measures to isolate the area in question.

(b) Within the said 15-day period, however a decision

may be taken under the procedure in Article 9 of European Union

Council Directive 80#1095#EEC to withdraw the status or if the measures

taken by Malta are deemed satisfactory, to maintain it for a maximum

of three months.

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