Identification and Registration of Bovine Animals

L.N. 68 of 2005

VETERINARY SERVICES ACT

(CAP. 437)

Identification and Registration of Bovine Animals

(Levels of Controls) Rules 2005

IN exercise of the powers conferred by article 10(b) of the

Veterinary Services Act, the Minister for Rural Affairs and the

Environment has made the following Rules>-

(1) Identification and Registration of Bovine Animals (Levels

of Controls) Rules 2005.

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

down by the European Union Council Regulation 1082#2003 (EC)

For the purposes of these rules, “the competent authority”

means the Veterinary Services as established by article 2 of the

Veterinary Services Act.

The controls provided for in the system for the identification

and registration of bovine animals shall, at least, comply with the

minimum requirements set out in rules 4 to 7.

(1) The competent authority shall carry out on-the-spot

On-spot inspections.

inspections, which may be carried out in conjunction with any other

inspections provided for by Community legislation. Those inspections

shall each year cover at least 10% of holdings situated in Malta. That

minimum rate of control shall be increased immediately where it is

established that Community legislation regarding identification has not

been complied with.

(2) By way of derogation from sub-rule (1), where a Member

State has in place a fully operational database in accordance with Article

5 of Regulation (EC) No 1760#2000 which provides effective

crosschecking facilities, a rate of 5% may be envisaged.

(3) The selection of holdings to be inspected by the

competent authority shall be made on the basis of risk analysis.

(4) The risk analysis for each holding shall take into account,

in particular, the following>

(a) the number of animals on the holding, including details

of all the animals present and animals identified on the holding<

(b) public and animal health considerations, and in particular

the existence of previous outbreaks of disease<

(c) the amount of annual bovine premium claimed and, or

paid to the holding, compared with the amount paid the previous

year<

(d) significant changes in comparison with situations in

previous years<

(e) results of checks conducted in earlier years, in particular>

(i) the proper keeping of the holding register, as

provided for by Commission Regulation (EC) No 2629#97<

(ii) the proper keeping of passports of the animals

present in the holding, as provided for by Regulation (EC)

No 2629#97<

(f) proper communication of the data to the competent

authority<

(g) other criteria to be defined by the competent authority.

(5) Each inspection shall be the subject of a report

standardised at national level setting out the results of the controls and

any unsatisfactory findings, the reason for the control and the persons

present. The keeper or his representative shall be given the opportunity

to sign the report and, as appropriate, to give his observations on its

(6) Copies of the reports referred to in sub-rule (5) shall,

where they reveal infringements of Regulation (EC) No 1760#2000, be

sent without delay to the competent authorities responsible for the

implementation of Commission Regulation (EC) No 2419#2001.

(1) The control shall cover all the animals on the holding Animals covered by

the control.

for which identification is provided for by Regulation (EC) No

1760#2000.

(2) By way of derogation from sub-rule (1), if for practical

reasons it is not possible to assemble the animals on the holding within

a period of 48 hours, the competent authority may provide for a sampling

system provided that a reliable level of control is ensured.

(1) On-the-spot checks shall in general be unannounced.

Where advance warning is given, it shall be limited to the strict minimum

necessary and as a general rule shall not exceed 48 hours.

(2) Malta shall make an annual report to the Commission,

before 31 August each year, giving details of the following>

(a)

the number of holdings in the Member State concerned<

(b) the number of inspections made pursuant to rule 4<

(c)

the number of animals which have been inspected<

(d) any breach found<

(e) any sanction imposed in accordance with Article 22 of

Regulation (EC) No 1760#2000.

(2) The information referred to in sub-regulation (1) hereof

shall be transmitted to the Commission following the model structure

presented in Schedule 1.

For the purposes of these rules any reference made to European

Union Council Regulation (EC) No 2630#97 shall be construed as a

reference to this rule and shall be read in accordance with the correlation

table set out in Schedule 2.

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