Standards) Regulations, 2010

L.N. 262 of 2010

MALTA VETERINARY SERVICES ACT

(CAP. 437)

Breeding Animals of the Porcine Species (Zootechnical

Standards) Regulations, 2010

IN EXERCISE of the powers conferred by article

34(b) 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 Breeding

Animals of the Porcine Species (Zootechnical Standards)

Regulations, 2010.

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

provisions found under European Union Council Directive 88/661/

EEC on the zootechnical standards applicable to breeding animals

of the porcine species.

(1) Unless otherwise stated in these regulations, the

definitions in the Act shall continue to apply.

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;

“herd-book” means any book, file or data medium

(i) which is maintained either by a breeders’

association officially approved by Malta or a Member

State in which that association is established or by an

official service of Malta or Member State in question;

(ii) which is maintained by a breeding

organisation in Malta, however officially approved

by the Member State in which that organisation is

established; and

(iii) in which pure-bred breeding pigs of a

specified breed are entered or registered with reference

to their ancestors;

“hybrid breeding pig” means any animal of the porcine

species which fulfils the following criteria

(a)

it is produced by deliberate crossbreeding –

(i) between pure-bred breeding pigs of

different breeds or lines;

(ii) between animals which are themselves

the outcome of a cross between different breeds or

lines; or

(iii) between pure-bred animals and animals

belonging to one or other of the above categories;

and

(b)

it must be entered in a register;

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

European Union;

“pure-bred breeding pig” means any animal of the

porcine species, the parents and grandparents of which are

entered or registered in a herd-book of the same breed and

which is itself entered or registered and eligible for entry in

such a herd-book;

“the Register” means any book, file or data medium –

(i) which is maintained either by a breeders’

association, a breeding organisation or a private

undertaking officially approved by Malta or a Member

State in which that association, organisation or

undertaking is established, or by an official service of

Malta or Member State in question; and

(ii) in which hybrid breeding pigs are entered

with reference to their ancestors;

“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 Trade with

or impeded on zootechnical grounds

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

pigs or in their semen, ova and embryos;

(b) the establishment of herd-books, provided that

they meet the conditions laid down pursuant to regulation 8

of these regulations; and

(c) the official approval of breeders’ associations

or breeding organisations as referred to in the definition

“herd-book” in regulation 2(2) hereof, which establish or

maintain herd-books in accordance with regulation 8 of these

regulations.

Provisions for the approval of pure-bred breeding pigs

for breeding shall be adopted in accordance with the requirements

of the European Community and according to any procedures laid

down in accordance with article 34(b) of the Act.

The competent Authority shall draw up and keep up

to date a list of bodies as referred to in regulation 3(c) 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 12(1) of these regulations.

(1) Breeders’ associations and, or breeding organisations

as referred to in the definition “herd-book” in regulation 2(2) of

these regulations which are officially approved by Malta or the

official service of Malta may not oppose the entry in their herd-

books of pure-bred breeding pigs from Member States, provided

that they satisfy the requirements laid down in accordance with

regulation 8 of these regulations.

(2) Malta may require or allow certain pure-bred

breeding pigs dispatched from a Member State and having specific

characteristics identifying them from the population of the same

breed in Malta to be entered in a separate section of the herd-book

for the breed to which they belong.

Pure-bred breeding pigs and the semen, ova and embryos

of such animals shall be accompanied at the time of their marketing

by certificates drawn up in accordance with regulation 8 of these

regulations.

(1) The following shall be determined in accordance

with requirements of the European Community and in accordance

with any procedures laid down in accordance with article 34(b) the

Act

(a) methods for monitoring performance and assessing

the genetic value of pure-bred breeding pigs;

(b)

the criteria governing the establishment of herd-

books;

(c) the criteria governing entry in herd-books;

(d) the criteria for approval and supervision of

breeders’ associations and, or breeding organisations as

referred to in the definition “herd-book” in regulation 2(2) of

these regulations which establish or maintain herdbooks; and

(e) the certificate mentioned in regulation 7 hereof.

(2) Pending entry into force of the provisions provided

for in sub-regulation (1) hereof, the monitoring referred to in

paragraph (a) officially carried out in each Member State and the

herd-books shall be recognised in Malta.

(3) The competent Authority shall draw up and keep

up to date a list of bodies as referred to in regulation 3(c) 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 12(1) of these regulations.

In Malta, the following shall not be prohibited, restricted

or impeded on zootechnical grounds

(a) trade with Member States in hybrid breeding pigs

or the semen, ova and embryos of such animals;

(b) the establishment of registers, provided that they

meet the conditions laid down pursuant to regulation 12 of

these regulations; and

(c) the official approval of breeders’ associations and,

or breeding organisations and, or private undertakings as

referred to in the definition “the Register” in regulation 2(2)

of these regulations which establish or maintain registers in

accordance with regulation 12 of these regulations.

Provisions for the approval of hybrid breeding pigs for

breeding shall be adopted in accordance with the requirements of

the European Community and according to any procedures laid

down in accordance with article 34(b) of the Act.

Hybrid breeding pigs and the semen, ova and embryos Certificates

of such animals shall be accompanied at the time of their marketing accompanying

by certificates drawn up in accordance with requirements of the pigs at the time of

European Community and in accordance with any procedures laid marketing.

down in accordance with article 34(b) of the Act.

(1) The following shall be determined in accordance

with requirements of European Community and in accordance with

any procedures laid down in accordance with article 34(b) of the

Act

(a) methods for monitoring performance and assessing

the genetic value of hybrid breeding pigs;

(b) the criteria governing the establishment of

registers;

(c) the criteria governing entry in registers;

(d) the criteria governing the approval and monitoring

of breeders’ associations and breeding organisations or

private undertakings as referred to in the definition “the

Register” in regulation 2(2) of these regulations, establishing

or maintaining registers; and

(e) the certificate mentioned in regulation 11 of these

regulations.

(2) Pending entry into force of the provisions provided

for in sub-regulation (1) hereof, the monitoring referred to in

paragraph (a), officially carried out in each Member State and the

registers shall be recognised in Malta.

The Court may order any person who is found guilty

of committing an offence under these regulations, to pay for the

expenses incurred by the Competent Authority as a result of the

said offence, the revocation of the permit issued under these

regulations and the confiscation, retention and disposal of the

corpus delicti in terms of article 61 of the Act.

The Zootechnical Standards for Breeding Animals of the

Porcine Species Regulations, 2003 are hereby being revoked.

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