Genealogical Conditions) Regulations, 2010

L.N. 259 of 2010

MALTA VETERINARY SERVICES ACT

(CAP. 437)

Trade with Member States in Equidae (Zootechnical and

Genealogical Conditions) Regulations, 2010

IN EXERCISE of the powers conferred by article 34(d) of

the Veterinary Services Act, the Minister for Resources and Rural

Affairs has made the following regulations:-

(1) The title of these regulations is the Trade with

Member States in Equidae (Zootechnical and Genealogical

Conditions) Regulations, 2010.

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

provisions found under European Union Council Directive 90/427/

EEC on the zootechnical and genealogical conditions governing

trade with Member States in equidae. These regulations lay down

the zootechnical and genealogical conditions governing trade with

Member States in equidae, their semen, ova and embryos.

Regulation 8(a)

Minimum information in the identification document

(1) Identification No

(2) Name

(3) Sex

(4) Colour

(5) Breed

(6) by

(7) and

(8) Date of foaling

(9) Place where bred

(10) Name of the competent authority

(11) Address

(12) Breeder(s)

(13) Telephone number

(14) Origin certificate validated on

(15) by

(16) Telecopy number

(17) Signature (Name in capital letters and capacity of signatory)

(18) Stamp

(19) taken by

On

Body

(20) Description with dam Markings

Head

Ant. G

Foreleg L

Ant. D

Foreleg R

Post. G

Hindleg L

Post. D

Hindleg R

(21) District

(22) Signature and stamp of qualified veterinary surgeon (or competent

authority) (in capital letters)

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(1) Unless otherwise stated in these regulations, the

definitions in the Act shall continue to apply.

(2) For the purpose of these regulations and unless the

context otherwise requires

“the Act” means the Veterinary Services Act;

“the Community” means the European Community

as established under the Treaty establishing the European

Community;

“the Competent Authority” means the Veterinary

Services Authority of Malta as established by the Act;

“equidae” means domestic animals of the equine or

asinine species or crossbreeds thereof;

“Member State” means a state which is a member of the

European Union;

“Member State of dispatch” shall have the same

meaning as under the Animal Health Conditions governing

the Movement and Import from Third Countries of Equidae L.N. 88 of 2005.

Rules, 2005;

“registered equidae” means equidae which are entered or

registered and eligible for entry in a studbook, in accordance

with the rules laid down pursuant to regulation 4(2)(b) of

these regulations and identified by means of the identification

document provided for in regulation 8(a) of these regulations;

“studbook” means any book, register, file or data

medium:-

(a) which is maintained either by an organisation

or an association officially approved or recognised by

Malta or a Member State or by an official agency of

Malta or Member State concerned; and

(b) in which equidae are entered or registered,

with mention of all their known ascendants;

“third country” means a country which is not a member

state of the European Union;

“trade” means trade between Member States or between

a third country and a Member State in animals and their

products, a business or occupation to make profit or gain,

particularly in wholesale or retail sales and includes dealings

in a particular business activity.

Trade with Member States in equidae and their Intra-Community

semen, ova and embryos may not be prohibited or restricted on trade

zootechnical or genealogical grounds unless it is inconsistent

with these regulations. In the case of intra-Community trade

in registered equidae, their semen, ova and embryos, national

provisions in accordance with the general rules concerning any

procedures relating to intra-Community trade inter alia procedures

on veterinary checks between Member States, shall be maintained

pending the entry into force of the relevant European Community

requirements referred to in regulations 4 and 8 of these regulations.

(1) The following principles shall be taken into account

when the rules referred to in sub-regulation (2) hereof are adopted

(a) the recognition or approval of organisations and

associations which maintain or establish studbooks shall be

subject to compliance with the principles laid down by the

organisation or association which maintains the studbook of

the origin of the breed; and

(b) the criteria for entry and registration in studbooks

shall be laid down on the basis of the characteristics of the

breed and in particular for certain pure breeds for the purpose

of regulating the entry and registration of equidae produced

using artificial reproduction methods.

(2) There shall be established in accordance with the

requirements of the European Community, under the procedure

laid down in article 34(d) of the Act and in accordance with the

principles set out in sub-regulation (1) hereof:-

(a) the criteria for the approval or recognition of

organisations and associations which maintain or establish

studbooks;

(b)

the criteria for entry and registration in studbooks;

(c) if necessary, the criteria and methods used to

identify registered equidae;

(d) the criteria for drawing up the certificate of origin

and the identification document referred to in regulation 8 of

these regulations; and

(e) if necessary, rules to ensure co-ordination between

the organisations or associations referred to in regulation 5

hereof.

The competent Authority shall draw up and keep up

to date the list of bodies maintaining or establishing studbooks

as referred to in paragraph (b) of the definition “stud book”

in regulation 2(2) of these regulations, which are approved or

recognised on the basis of the criteria determined in accordance

with regulation 4(2)(a) of these regulations and make it available

to the other Member States and to the public. Detailed rules for the

uniform application of this regulation maybe adopted in accordance

with the procedure referred to in regulation 8 of these regulations.

(1) In trade with Member States, equidae which are

registered in the Member States of dispatch shall, except where a

derogation has been agreed by common accord between the two

organisations or associations concerned, be registered or entered

in the appropriate studbook of Malta when arriving at destination

under the same name, with an indication, in accordance with

international agreements, of any initial of the country of foaling.

(2) Where the constitution of the organisations

or associations so permits, the original name of the animal may

be preceded or followed by another name on a provisional or

permanent basis, provided that throughout the animal’s life

the original name is retained in brackets and that the country of

birth is indicated by means of initial recognised by international

agreements. Alternative measures may be taken to safeguard

the continued identity of the animal in accordance with the

requirements of the European Community and in accordance with

any procedures laid down in terms of article 34(d) of the Act.

In compliance with the principles laid down in regulation

4(1) of these regulations, the following may be determined in

accordance with requirements of the European Community and in

accordance with any procedures laid down in terms of article 34(d)

of the Act:-

(a) the methods of monitoring performance and

assessing the genetic value of breeding animals; and

(b) on the basis of the methods referred to in paragraph

(a), the general criteria for the approval of a male breeding

animal or, if appropriate, of a female breeding animal for the

purposes of breeding and using their semen, ova or embryos.

The competent authority shall ensure that:-

(a) in their movements, registered equidae are

accompanied by an identification document drawn up in

accordance with the requirements of the European Community

and in accordance with any procedures laid down in terms

of article 34(d) of the Act and issued by the organisations or

associations referred to in regulation 5 of these regulations

and as referred to in the definition “registered equidae” in

regulation 2(2) under the Animal Health Conditions governing

the Movement and Import from Third Countries of Equidae

Rules, 2005. The identification document, to be drawn up in

Malta’s and Member States’ languages for registered horses,

shall include at least the information indicated in the Schedule

to these regulations. Such information may be supplemented

or amended in accordance with the requirements of the

European Community and in accordance with any procedures

laid down in terms of article 34(d) of the Act;

(b) when they are marketed, the semen, ova and

embryos of registered equidae are accompanied by a

zootechnical certificate of origin and identification issued by

the competent Authority at least in the language of the country

of destination and conforming to a model to be drawn up in

accordance with requirements of the European Community

and in accordance with any procedures laid down in terms of

article 34(d) of the Act.

Pending implementation of relevant European

Community rules, the conditions applicable to imports of equidae

and their semen, ova and embryos from third countries must not

be more favourable than those governing intra-Community trade

between Member States of the European Union.

(1) Any person who fails to abide by these regulations

shall be guilty of an offence in terms of the Act and the application

of an administrative penalty in terms of article 61 of the Act shall

apply to the offender.

(2) Any right given to the competent Authority under

these regulations to apply all such necessary measures in terms of

article 61, shall be given to the Authority without prejudice to other

criminal procedures which may be taken under the Act or any other

law when a person commits an offence by failing to abide by these

regulations.

The Trade with Member States in Equidae (Zootechnical

and Genealogical Conditions) Regulations, 2003 are hereby being

revoked.

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