Pure-Bred Breeding Sheep and Goats Regulations, 2010

L.N. 261 of 2010

MALTA VETERINARY SERVICES ACT

(CAP. 437)

Pure-Bred Breeding Sheep and Goats Regulations, 2010

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

the Veterinary Services Act, the Minister for Resources and Rural

Affairs has made the following regulations:-

The title of these regulations is the Pure-Bred Breeding

Sheep and Goats Regulations, 2010.

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

provisions found under European Union Council Directive 89/361/

EEC concerning pure-bred breeding sheep and goats. These

regulations cover zootechnical problems which may arise in trade

with Member States in pure-bred breeding sheep and goats and the

semen, ova and embryos thereof.

(1) Unless it is stated otherwise 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;

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

medium –

(a) which is maintained by a breeders’

organisation or association officially approved by Malta

or a Member State in which such breeders’ organisation

or association is established, or by an official agency in

Malta or Member State in question; and

(b) in which pure-bred breeding sheep or goats of

a given breed are entered or registered with reference to

their ancestors;

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

the European Union;

“pure-bred breeding sheep and goat” means any sheep

or goat the parents and grandparents of which are entered or

registered in a flock book of the same breed and which are

themselves entered or registered and eligible for entry;

“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.

In Malta the following shall not be prohibited, restricted

or impeded on zootechnical grounds

(a) trade with Member States in pure-bred breeding

sheep and goats and the semen, ova and embryos thereof; and

(b) the official approval of breeders’ organisations

or associations which maintain or establish flock books in

accordance with regulation 4 hereof.

In accordance with the requirements of the European

Community and the procedure laid down in article 34(c) of the Act,

the following shall be determined -

(a) the criteria for the approval of breeders’

organisations and associations which maintain or establish

flock books;

(b) the criteria for entry or registration in flock books;

(c) methods for monitoring performance and assessing

the genetic value of pure-bred breeding sheep and goats; and

(d) the criteria for the approval of a breeding animal

for the purpose of using its semen, ova or embryos.

The competent Authority shall draw up and keep up to date

a list of bodies as referred to in regulation 3(b) of these regulations,

which are officially approved for the purpose of maintaining or

establishing flock books and which meet the criteria determined

in accordance with regulation 4(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 may be adopted

in accordance with the procedure referred to in regulation 6 of

these regulations.

Pure-bred breeding sheep and goats and the semen,

ova and embryos of such animals shall be accompanied at the

time of their marketing by a zootechnical certificate drawn up

in accordance with the specimen established under European

Community requirements and any procedures laid down in

accordance with article 34(c) of the Act.

(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 Pure-Bred Breeding Sheep and Goats Regulations,

2003 are hereby being revoked.

€0.28