Ova and Embryos (Amendment) Regulations, 2010

L.N. 268 of 2010

MALTA VETERINARY SERVICES ACT

(CAP. 437)

Zootechnical and Genealogical Conditions applicable to

Imports from Third Countries of Animals, their Semen,

Ova and Embryos (Amendment) Regulations, 2010

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

of the Veterinary Services Act, the Minister for Resources and

Rural Affairs has made the following regulations:-

The title of these regulations is the Zootechnical

and Genealogical Conditions applicable to Imports from

Third Countries of Animals, their Semen, Ova and Embryos

(Amendment) Regulations, 2010 and they shall be read and

construed as one with the Zootechnical and Genealogical

Conditions applicable to Imports from Third Countries of Animals,

their Semen, Ova and Embryos Regulations, 2003 hereinafter

referred to as “the principal regulations”.

Sub-regulation (1) of regulation 2 of the principal

regulations shall be amended as follows:-

(a) immediately before the definition “Authorities”

there shall be inserted the following new definition

“ “the Act” means the Veterinary Services Act;”;

(b) immediately after the definition “Authorities” there

shall be inserted the following new definition

“ “the Commission” means the Commission of the

European Union;

(c) immediately after the new definition “the

Commission” there shall be inserted the following new

definition

“ “the Community” means the European

Community as established under the Treaty establishing

the European Community;”;

(d) immediately after the new definition “the

Community” there shall be inserted the following new

definition

“ “the competent Authority” means the Veterinary

Services Authority of Malta as established by the Act;”;

(e) immediately after the new definition “the

competent Authority” there shall be inserted the following

new definition

“ “Member State” means a state which is a

member of the European Union;”;

(f) immediately after the new definition “Member

State” there shall be inserted the following new definition

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

member state of the European Union;”; and

(g) immediately after the new definition “third

country” there shall be inserted the following new definition

“ “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.”;

(h) the definition “trading partner” shall be deleted.

Regulation 3 of the principal regulations shall be Amends

amended as follows:-

(a) for the marginal note and sub-regulation (1) thereof

there shall be substituted the following

3. (1) For the purpose of these regulations,

“List of bodies

a

list

of bodies in respect of the species or races

concerned which has been approved by the competent

Authority of the third country shall be communicated

to the Commission. The approval of a body shall

be immediately suspended or withdrawn by the

competent Authority of the third country where it no

longer complies with the conditions referred to in sub-

regulation (2)(a) hereof, and the Commission shall be

immediately informed thereof.”;

(b) paragraph (a) of sub-regulation (2)

thereof shall be deleted and paragraphs (b), (c) and

(d) of this sub-regulation shall be renumbered as

(a), (b) and (c) respectively;

(c) sub-regulation (3) thereof shall be

deleted and sub-regulation (4) thereof shall be

renumbered as sub-regulation (3) thereof; and

(d) in sub-regulation (3) as renumbered, for

the words “sub-regulation (2)(d)” there shall be

substituted the words “sub-regulation (2)(c)”.

Regulation 9 of the principal regulations shall be

renumbered as sub-regulation (1) thereof and immediately after

sub-regulation (1) as renumbered there shall be added the following

new sub-regulation:-

“(2) Where any serious infringement to the provisions

in sub-regulation (2)(a) of regulations 3 of these regulations

so warrants, in particular in the light of findings in relation

to on-the-spot checks, measures may be adopted to suspend

the import of animals, semen, ova and embryos in accordance

with the procedure laid down in accordance with article 34

(g) of the Act”.”

€0.28