Community Acts, (Amendment) Rules 2010

L.N. 258 of 2010

MALTA VETERINARY SERVICES ACT

(CAP. 437)

Animal Health Requirements Governing Trade and Imports

into the Community of Animals, Semen, Ova and Embryos not

Subject to Animal Health Requirements laid down in Specific

Community Acts, (Amendment) Rules 2010

IN EXERCISE of the powers conferred by article 10 of the

Veterinary Services Act, the Minister for Resources and Rural

Affairs after consultation with the Minister for Health, the Elderly

and Community Care, has made the following rules:-

The title of these rules is Animal Health Requirements

Governing Trade and Imports into the Community of Animals,

Semen, Ova and Embryos not Subject to Animal Health

Requirements laid down in Specific Community Acts (Amendment)

Rules 2010, and they shall be read and construed as one with the

Animal Health Requirements Governing Trade and Imports into

the Community of Animals, Semen, Ova and Embryos not Subject

to Animal Health Requirements laid down in Specific Community

Acts, Rules 2009, hereinafter referred to as “the principal rules”.

For sub-rule (2) of rule 1 of the principal rules, there shall

be substituted the following:-

“(2) The scope of these rules is to transpose Directive 92/65/

EEC laying down animal health requirements governing trade and

imports into the community of animals, semen, ova and embryos

not subject to animal health requirements laid down in the specific

Community acts referred to in Schedule F to these rules and shall

apply without prejudice to the provisions adopted pursuant to other

rules and community rules which may apply in this regard and

without prejudice to other national rules governing pet animals.”.

Rule 6 of the principal rules shall be amended as

follows:-

(a) for sub-rule 1 (e) thereof there shall be substituted

the following:-

“ ( e ) t h e y a r e a c c o m p a n i e d b y a c e r t i fi c a t e

corresponding to the specimen given in terms of the

declaration laid down in Schedule E to these rules.”;

(b)

paragraph (f) of sub-rule (1) thereof shall be

deleted;

(c) for paragraph (b) of sub-rule (2) thereof there shall

be substituted the following:-

“(b) where they do not come from a herd meeting the

conditions laid down in paragraph (a) hereof, they have come

from a holding in which no case of brucellosis or tuberculosis

has been recorded in the 42 days preceding the loading of

the animals and in which the ruminants have, in the 30 days

prior to dispatch, undergone with negative results a test for

brucellosis and tuberculosis.”; and

for sub-rule (4) thereof there shall be substituted

the following:-

“(4) The testing requirements referred to in this rule

and their criteria may be established in accordance with the

procedure concerning veterinary checks in terms of rule 3(2)

of these rules. Such decisions shall take into consideration

the case of ruminants reared in the arctic regions of the

Community. Pending the decisions provided for in this sub-

rule, national rules shall continue to apply.”.

For rule 11 of the principal rules there shall be substituted Amends

the following:-

“11. (1) The competent Authority shall ensure that

only semen, ova and embryos meeting the conditions laid

down in sub-rules (2), (3), (4) and (5) hereof shall be subject

to trade.

(2) Without prejudice to any criteria to be

complied with for the entry of equids in stud books for certain

specific breeds semen of the ovine, caprine and equine species

shall

(a) have been collected, processed and stored

with a view to artificial insemination in a centre

approved from the health point of view in accordance

with Schedule D(I) to these rules, or, in the case of

ovine and caprine animals by way of derogation from

the above, in a holding satisfying the requirements

contained in the provisions of the Health Conditions

governing Intra-Community Trade in Ovine and Caprine

Animals Rules, 2005;

(b) have been collected from animals meeting the

conditions laid down in Schedule D(II) to these rules;

(c) have been collected, processed, preserved,

stored and transported in accordance with Schedule

D(III) to these rules; and

(d) have been accompanied during transport

to another Member State by a health certificate

corresponding to a specimen to be determined in

accordance with the procedure concerning veterinary

checks in terms of rule 3(2) of these rules.

(3) Ova and embryos of the ovine, caprine,

equine and porcine species shall

(a) have been removed from donor females

meeting the conditions laid down in Schedule D(IV) to

these rules by a collection team or have been produced

by a production team approved by the competent

Authority and satisfying the conditions to be established

in Schedule D(I) hereof in accordance with the

procedure concerning veterinary checks in terms of rule

3(2) of these rules;

(b) have been collected, processed and preserved

in an appropriate laboratory, stored and transported in

accordance with Schedule D(III) to these rules; and

(c) be accompanied during transport to another

Member State by a health certificate corresponding to

a specimen to be determined in accordance with the

procedure concerning veterinary checks in terms of rule

3(2) of these rules. Semen used for the insemination of

donor females shall comply with the provisions of sub-

rule (2) hereof in the case of sheep, goats and equids

and with the provisions of Directive 90/429/EEC

laying down the animal health requirements applicable

to intra-Community trade in and imports of semen of

domestic animals of the porcine species. Any additional

guarantees may be determined in accordance with the

procedure concerning veterinary checks in terms of rule

3(2) of these rules .

(4) The approved centres referred to in sub-rule

(2) (a) of this rule and the approved teams referred to in sub-

rule (3) (a) of this rule shall be registered by the competent

Authority, each centre and team being given a veterinary

registration number. The competent Authority shall draw up

and keep up to date a list of those approved centres and teams

and their veterinary registration numbers and shall make it

available to the other Member States and to the public.

Detailed rules for the uniform application of this paragraph

may be adopted in accordance with the procedure concerning

veterinary checks in terms of rule 3(2) of these rules.

(5) The animal health requirements and the

specimen health certificates applicable to semen, ova and

embryos of species not mentioned in sub-rules (2) and

(3) hereof shall be established in accordance with the

procedure concerning veterinary checks in terms of rule 3(2)

of these rules. Pending the establishment of animal health

requirements and specimen health certificates for trade in

such semen, ova and embryos, national rules shall continue to

apply.”.

Immediately after Schedule E to the principal rules there Adds new Schedule to

shall be added the following new Schedule:-

B

“Schedule F

Regulation 1(2)

Council Directive 64/432/EEC of 26 June 1964 on animal health problems

affecting intra-Community trade in bovine animals and swine as transposed by the

Animal Health Problems affecting Intra-Community Trade in Bovine Animals and

Swine Regulations, 2004

Council Directive 88/407/EEC of 14 June 1988 laying down the animal health

requirements applicable to intra-Community trade in and imports of deep-frozen

semen of domestic animals of the bovine species

Council Directive 89/556/EEC of 25 September 1989 on animal health

conditions governing intra-Community trade in and importation from third countries

of embryos of domestic animals of the bovine species

Council Directive 90/426/EEC of 26 June 1990 on animal health conditions

governing the movement and import from third countries of Equidae as transposed

by the Animal Health Conditions governing the Movement and Import from Third

Countries of Equidae Rules, 2005

Council Directive 90/429/EEC of 26 June 1990 laying down the animal health

requirements applicable to intra-Community trade in and imports of semen of

domestic animals of the porcine species

Council Directive 90/539/EEC of 15 October 1990 on animal health conditions

governing intra-Community trade in, and imports from third countries of poultry

and hatching eggs

Council Directive 2006/88/EC on animal health requirements for aquaculture

animals and products thereof and on the prevention and control of certain diseases in

aquatic animals as transposed by the Animal Health Requirements For Aquaculture

Animals and of Products Thereof, and on the Prevention and Control of Certain

Diseases in Aquatic Animals Rules, 2009

Council Directive 91/68/EEC of 28 January 1991 on animal health conditions

governing intra-Community trade in ovine and caprine animals as transposed by the

Health Conditions governing Intra-Community Trade in Ovine and Caprine Animals

Rules, 2005

Council Directive 2004/68/EC of 26 April 2004 laying down animal health

rules for the importation into and transit through the Community of certain live

ungulate animals, amending Directives 90/426/EEC and 92/65/EEC and repealing

Directive 72/462/EEC.”.

€0.47