Import from Third Countries of Equidae (Amendment) Rules

L.N. 260 of 2010

MALTA VETERINARY SERVICES ACT

(CAP. 437)

Animal Health Conditions governing the Movement and

Import from Third Countries of Equidae (Amendment) Rules

IN EXERCISE of the powers conferred by article 8 and 9 of

the Veterinary Services Act, the Minister for Resources and Rural

Affairs has made the following rules:-

The title of these rules is the Animal Health Conditions

governing the Movement and Import from Third Countries of

Equidae (Amendment) Rules, 2010 and they shall be read and

construed as one with the Animal Health Conditions governing

the Movement and Import from Third Countries of Equidae Rules,

2005 hereinafter referred to as “the principal rules”.

(1) Rule 2 of the principal rules shall be substituted as

follows:-

“ 2. (1) Unless stated otherwise in these rules the

definitions in the Act shall continue to apply.

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

context otherwise requires:-

“the Act” means the Veterinary Services Act;

“assembly centre” means collection centres and

markets, at which under the supervision of the official

veterinarian, equidae originating from different holdings

are grouped together to form consignments of animals

for national movement;

“the Commission” means the European

Commission;

“the Community” means the European Community

as established under the Treaty establishing the European

Community;

“the Competent Authority” means the Veterinary

Services Authority in Malta as established by the Act;

“compulsorily notifiable diseases” means the

diseases listed in Schedule A to these rules;

“equidae” means wild or domesticated animals of

the equine (including zebras) or asinine species or the

offspring of crossings of those species;

“equidae for breeding and production” means

equidae other than equidae for slaughter and registered

equidae;

“equidae for slaughter” means equidae intended

to be transported either directly or after transit through

a market or an approved marshalling centre to the

slaughterhouse for slaughter;

“holding” means an agricultural or training

establishment, a stable or, generally speaking, any

premises or facilities in which equidae are habitually

kept or bred, for whatever use;

“Member State” means a state which is a member

of the European Union;

“Member State of dispatch” means such Member

State from where equidae are transported or transmitted

or are intended to be transported or transmitted through

an approved market or assembly centre to the place of

destination;

“Member State or third country free from African

horse sickness” means any Member State or third

country in which there has been no clinical, serological

(in unvaccinated equidae) or epidemiological evidence

of African horse sickness on the territory concerned in

the previous two years and in which there have been

no vaccinations against the disease during the previous

twelve months;

“official veterinarian” means the veterinarian

designated by the Competent Authority of Malta or by

the competent authority of a Member State or of a third

country;

“place of arrival or destination” means such

Member State to which equidae are transported from

their holding or establishment of origin either directly

or through an approved market or assembly centre in the

Member State of dispatch or from a third country;

“registered equidae” means any equidae

registered as defined under the Trade with Member

States in Equidae (Zootechnical and Genealogical

Conditions) Regulations, 2010 identified by means of an

identification document issued by the breeding authority

or any other competent authority of the country where

the animal originated, which manages the studbook or

register for that breed of animals or any international

association or organisation which manages horses for

competition or racing;

“temporary admission” means the status of a

registered animal originating in a third country and

admitted into the Community for a period of less than

ninety days to be fixed by the Commission in accordance

with the procedure of the Community, depending on the

health situation in the country of origin;

“third country” means a state which is not a

member of 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.”.

(2) For the words “the Veterinary Services Act”

wherever they occur in the principal rules there shall be

substituted the words “the Act”.

(3) For the words “Veterinary Services” and

“Malta Veterinary Services” wherever they occur in the

principal rules there shall be substituted the words “the

Competent Authority”.

For sub-rule (1) of rule 7 of the principal rules there shall

be substituted the following:-

“(1) The equidae shall be transported, as soon as

possible, from the holding of origin either directly or via an

approved market or marshalling centre defined as “assembly

centre” under these rules to the place of destination in

vehicles or containers which have been regularly cleansed

and disinfected with a disinfectant at intervals to be fixed by

the Member State of dispatch. The vehicles shall be designed

in such a way that equidae droppings, litter or fodder cannot

escape from the vehicle during transportation. Transportation

shall be effected in such a way that the health and well-being

of the equidae can be protected effectively.”.

For rule 12 of the principle rules there shall be substituted

the following:-

“12. (1) The importation of equidae in Malta as a

Member State of destination shall only be authorised from

such third countries that appear on a list or lists to be drawn

up or amended in accordance with the procedure referred to in

rule 15 of these rules. Taking into account the health situation

and the guarantees provided by the third country for equidae,

it may be decided in accordance with the procedure referred

to in rule 15 of these rules that the authorisation provided

for in this sub-rule shall apply to the whole territory of the

third country or to only part of its territory. For such purpose

and on the basis of the relevant international standards,

account shall be taken of how the third country applies and

implements those standards, in particular the principle of

regionalisation, within its own territory and in relation to

its sanitary requirements for importation from other third

countries and other Member States.

(2) When the lists provided for in sub-rule (1)

hereof are drawn up or amended, particular account shall be

taken of

(a) the health status of the equidae, other domestic

animals and wildlife in the third country, with particular

regard to exotic animal diseases and any aspects of the

general health and the environmental situation in the

third country which may pose a risk to the health and

environmental status of the Community;

(b) the legislation of the third country in relation

to animal health and welfare;

(c) the organisation of the competent authority of

the third country and its inspection services, the powers

of those services, the supervision to which they are

subject, and the means at their disposal, including staff

and laboratory capacity, to apply national legislation

effectively;

(d) the assurances which the competent authority

of the third country can give regarding compliance or

equivalence with the relevant animal health conditions

applicable in the Community;

(e) whether the third country is a member of

the Office International des Epizooties (OIE) and the

regularity and rapidity of the information supplied by

the third country relating to the existence of infectious

or contagious diseases of equidae in its territory, in

particular those diseases listed by the OIE and in

Schedule A to these rules;

(f) the guarantees given by the third country to

directly inform the Commission and the Member States

(i) within 24 hours, of the confirmation of the

occurrence of infectious diseases of equidae listed

in Schedule A to these rules and of any change in

the vaccination policy concerning such diseases;

(ii) within an appropriate period, of any

proposed changes in the national sanitary rules

concerning equidae, in particular regarding the

importation of equidae;

(iii) at regular intervals, of the animal health

status of its territory concerning equidae;

(g) any experience of previous imports of live

equidae from the third country and the results of any

import controls carried out;

(h) the results of Community inspections and, or

audits carried out in the third country, in particular the

results of the assessment of the competent authorities

thereof or, where the Commission so requests, the report

submitted by the competent authorities thereof on the

inspections which they have carried out; and

(i) the rules on the prevention and control of

infectious or contagious animal diseases in force in the

third country and their implementation, including rules

on importation of equidae from other third countries.

(3) Special import conditions for each third

country or group of third countries, having regard to the

animal health situation concerning equidae in the third country

or countries concerned shall be established in accordance with

the procedure referred to in rule 15 of these rules.

(4) Detailed rules for the application of this rule

and criteria for including third countries or parts of third

countries in the lists provided for in sub-rule (1) hereof may

be adopted in accordance with the procedure referred to in

rule 15 of these rules.”.

Immediately after rule 18 of the principal rules there shall

be added the following new rule:-

“19. The competent Authority may designate a national

reference laboratory for one or more of the diseases of

equidae listed in Schedule A to these rules and shall stipulate

the functions, tasks and procedures regarding collaboration

with laboratories responsible for diagnosing infectious

diseases of equidae in other Member States.”.

€0.56