Leucosis in Cattle Rules, 2005

L.N. 314 of 2005

VETERINARY SERVICES ACT

(CAP. 437)

Measures for the Eradication of Brucellosis, Tuberculosis and

Leucosis in Cattle 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 has

made the following rules>-

(1) The title of these rules is Measures for the Eradication Title, scope and

applicability.

of Brucellosis, Tubercolosis and Leucosis in Cattle Rules, 2005.

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

contained in the European Union Council Directive 77#391#EEC

concerning the introduction of Community measures for the eradication

of brucellosis, tuberculosis and leucosis in cattle.

(3) These rules lay down rules to improve the state of health

of cattle in Malta to accelerate or intensify the eradication of brucellosis

and tuberculosis and to eradicate leucosis.

For the purpose of these rules, and unless the context otherwise Definitions.

requires –

“the Commission” means the European Commission of the

Community<

“the Committee” means the Standing Veterinary Committee<

“the Community” means the European Community as

established under the Treaty establishing the European Community<

“the competent authority” means the Veterinary Services

within Malta as provided under article 2 of the Veterinary Services

Act<

“the Council” means the Council of Ministers of the

Community<

“the Fund” means the European Agricultural Guidance and

Guarantee Fund<

“the Treaty” means the Treaty establishing the European

Community<

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

European Community<

(1) For the purpose of these rules, when in Malta the cattle

population is infected by bovine brucellosis, the competent authority

shall draw up plans for accelerating the eradication of this disease, under

the conditions laid down in sub-rules (2) and (3) of this rule.

(2) The plans for accelerating the eradication of bovine

brucellosis shall be so devised by the competent authority that on their

completion herds are classed as “officially brucellosis-free”, in

accordance with Community law, and in particular European Union

Council Directive 64#432#EEC on animal health problems affecting

intra-Community trade in bovine animals and swine, as last amended

by European Union Council Directive 75#379#EEC>

Provided that the plan shall list the measures to be taken to

accelerate and intensify the eradication of bovine brucellosis and shall

specify the measures to combat and prevent this disease.

(3) The competent authority shall report to the Commission-

(a) the percentage and total number of herds subject to

control measures, and of herds with confirmed bovine brucellosis<

(b) the total numbers -

(i) of animals subject to control measures<

(ii) of animals with suspected brucellosis or considered

to be infected<

(iii) of infected animals<

(iv) of animals slaughtered<

(c) the scheduled duration of the initial eradication

programmes and of the accelerated plans<

(d) the method applied for checking on the effective

application of the accelerated plans<

(e) the national budgetary allocation for the eradication of

bovine brucellosis and the breakdown by items of these allocations>

Provided that the information referred to under paragraphs

(a), (b) and (e) hereof shall be provided for the three years preceding

the application of the acceleration measures, and annually

thereafter.

(4) When within the jurisdiction of the competent authority,

the bovine population is brucellosis-free, the competent authority shall

inform the Commission of all the measures taken to prevent the

resurgence of this disease.

(1) For the purpose of these rules, when the cattle populations Plans for

are infected with bovine tuberculosis, the competent authority shall draw accelerating

eradication of

up plans for accelerating the eradication of this disease in their national bovine tuberculosis.

territories, under the conditions laid down in sub-rules (2) and (3) of

this rule.

(2) The plans for accelerating the eradication of bovine

tuberculosis shall be so devised by the competent authority that on their

completion herds in particular are classed as “officially tuberculosis-

free”, in accordance with Community law and European Union Council

Directive 64#432#EEC>

Provided that the plans shall list the measures to be taken to

accelerate, intensify or carry through the eradication of bovine

tuberculosis and shall specify the measures to combat and prevent this

disease.

(3) The competent authority shall report to the Commission-

(a) the percentages and total numbers of herds subject to

control measures, and of herds with confirmed bovine tuberculosis<

(b) the total numbers-

(i) of animals subject to control measures<

(ii) of animals with suspected tuberculosis or

considered to be infected<

(iii) of infected animals<

(iv) of animals slaughtered<

(c) the scheduled duration of the initial eradication

programmes and of the accelerated plans<

(d) the methods applied for checking on the effective

application of the accelerated plans<

(e) the national budgetary allocations for the eradication of

bovine tuberculosis and the breakdown by items of these

allocations>

Provided that the information referred to under paragraphs

(a), (b) and (e) hereof, shall be provided for the three years

preceding the application of the acceleration measures, and annually

thereafter.

(4) When within the jurisdiction of the competent authority,

the bovine population is tuberculosis-free, the competent authority shall

inform the Commission of all the measures taken to prevent the

resurgence of such disease.

(1) For the purpose of these rules, when the competent

authority has established the presence of enzootic leucosis among cattle,

it shall draw up plans for the eradication of this disease.

(2) The plans must specify the measures for combating this

disease.

(3) The tests or methods used to declare a herd free of

leucosis shall be those laid down in European Union Commission

Decision 73#30#EEC applying special health guarantees for the

prevention of leucosis in the case of bovine animals imported for

breeding or production, as last amended by European Union Commission

Decision 75#64#EEC, or any other tests or methods recognized by the

procedure laid down in rule 10.

(4) The competent authority shall, on request, furnish the

Commission, with all information regarding the execution of the plans.

(1) Expenditure by the competent authority in respect of

measures taken under rules 3,4 and 5 shall be eligible for assistance

from the Guidance Section of the Fund.

(2) Measures taken by the competent authority shall not be

eligible to benefit from financial contributions by the Community unless

a favourable decision according to rule 8 has been given in respect of

the provisions relating thereto.

Applications for payment shall relate to slaughterings carried Application

payment.

out by the competent authority in the course of a calendar year and

shall be submitted to the Commission before the 1 st July of the following

year.

(1) The competent authority shall forward to the Commission Plans to be

forwarded to

the plans provided for-

Commission by the

competent

authority.

(a) in rules 3 and 4 and the information required under rule

3 (3)(c) and (d) and rule 4 (3)(c) and (d) prior to their

implementation, not later than three months after the entry into

effect of these rules, and annually thereafter<

(b) in rule 5 annually, and prior to their implementation in

the case the competent authority has not yet drawn up plans.

(2) The Commission shall-

(a) examine the plans forwarded in accordance with sub-

rule (1) hereof for the purpose of determining whether, in terms of

conformity with European Union Directive 77#391#EEC and having

regard to the objectives thereof, the conditions for financial

contribution by the Community are met<

(b) submit a draft Decision to the Standing Veterinary

Committee within two months following the receipt of any such

plans<

(c) issue its opinion in accordance with the procedure laid

down in rule 10, within a time limit set by the chairman<

(d) consult the Fund Committee on the financial aspects.

(1) The Commission shall make regular on-the-spot checks Community

controls.

to verify, from a veterinary viewpoint, whether the plans are being

applied.

(2) The competent authority shall take the necessary steps

to facilitate these 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.

(3) The provisions for implementing these rules, especially

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

to in sub-rules (1) and (2) hereof, the rules governing the appointment

of official veterinarians and the procedure which they must follow when

drawing up their report, shall be laid down according to the procedure

set out in rule 10.

(1) Where the procedure laid down in this rule is to be

followed, the matter shall be referred by the chairman, either on his

own initiative or at the request of the competent authority, to the Standing

Veterinary Committee.

(2) The procedure shall be carried out as follows-

(a) the representative of the Commission shall submit to

the Committee a draft of the measures to be taken<

(b) the Committee shall deliver its opinion on the draft

within a time limit which the Chairman may lay down according

to the urgency of the matter<

(c) the opinion shall be delivered by the majority laid down

in Article 148(2) of the Treaty in the case of decisions which the

Council is required to adopt on a proposal from the Commission<

(d) the votes of the representatives of the Member States

within the Committee shall be weighted in the manner set out in

Article 148(2) of the Treaty<

(e)

the Chairman shall not vote.

(3) Where the measures-

(a) are in accordance with the opinion of the Committee,

the Commission shall adopt them and shall apply them

immediately<

(b) are not in accordance with the opinion of the Committee,

or if no opinion is delivered, the Commission shall without delay

submit a proposal to the Council on the measures to be adopted.

(4)

The Council shall adopt the measures by a qualified

majority>

Provided that if the Council has not adopted any measures

within three months of the date on which the proposal was referred to

it, the Commission shall adopt the proposed measures and apply them

immediately, save where the Council has decided against these measures

by a simple majority.

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