Imports from Third Countries of Poultry and Hatching Eggs)

L.N. 56 of 2012

VETERINARY SERVICES ACT

(CAP. 437)

Animal Health Conditions (Intra-Community Trade and

Imports from Third Countries of Poultry and Hatching Eggs)

Rules, 2012

IN EXERCISE of the powers conferred by article 10 of the

Veterinary Services Act, the Minister for Resources and Rural

Affairs after consultation with the Minister for Health, the Elderly

and Community Care, has made the following rules:-

(1) The title of these rules is Animal Health Condition Title, scope and

(Intra-Community Trade, and Imports from Third Countries of commencement.

Poultry and Hatching Eggs) Rules, 2012.

(2) The scope of these rules is to transpose Directive

90/539/EEC laying down animal health conditions governing

intra-Community trade, and imports from third countries of

poultry and hatching eggs, as codified by Directive 2009/158/EC

in the interests of clarity and rationality, and shall apply without

prejudice to other national laws or regulations which may apply in

this regard.

(3) These rules are being made for the safeguarding

of the public interest and public safety. Any requirements and

safeguard measures contained therein, including those relating to

authorisations, are made for overriding reasons relating to public

interest.

(4) These rules shall come into force on the 7th

February, 2012.

(1) Unless stated otherwise in these rules, the definitions

in the Act, shall still apply.

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

context otherwise requires the following definitions shall apply

“the Act” means the Veterinary Services Act;

“approved laboratory” means a laboratory located

in Malta, approved by the Competent Authority, under its

responsibility, for the purpose of carrying out the diagnostic

tests provided for in these rules;

“authorisation” means any authorisation granted under

these rules and in relation to authorised providers and services

means a permit, licence, warrant, appointment, concession

or any decision concerning access to a service activity or the

exercise thereof;

“authorised provider” has the same meaning as that

provided under the Animal Health Requirements governing

Trade and Imports into the Community of Animals, Semen,

Ova and Embryos not subject to Animal Health Requirements

laid down in Specific Community Acts, Rules 2009;

“breeding poultry” means poultry 72 hours old or more,

intended for the production of hatching eggs;

“the Commission” means the European Commission;

“the Community” means the European Community as

established by the Treaty on the European Union as amended

by subsequent treaties;

“the Competent Authority” means the department

responsible for veterinary services in Malta as established by

the Act;

“compulsorily notifiable diseases” means the diseases

listed in Schedule V to these rules;

“country of collection or dispatch” means the Member

State or third country in which poultry and hatching eggs are

produced, collected, and processed and from which they are

sent to another Member State;

“day-old chicks” means all poultry less than 72 hours

old, not yet fed, provided that Barbary ducks may be fed;

“the Director” means the Director General responsible

for veterinary services or any veterinarian officer nominated

by him;

“establishment” means a facility or part of a facility

which occupies a single site and is devoted to the following

activities

(a) pedigree breeding establishment, which

produces hatching eggs for the production of breeding

poultry;

(b) breeding establishment, which produces

hatching eggs for the production of productive poultry

(c) rearing establishment, which rears poultry

until the laying stage;

(d) hatchery, which incubates and hatches eggs

and supplies day-old chicks;

“final consumer” has the same meaning as that provided

for under the Animal Health Requirements governing Trade

and Imports into the Community of Animals, Semen, Ova

and Embryos not subject to Animal Health Requirements laid

down in Specific Community Acts, Rules 2009;

“flock” means all poultry of the same health and

immunity status, reared on the same premises or in the same

enclosure and constituting a single zootechnical unit;

“hatching eggs” means eggs for incubation, laid by

poultry;

“health certificate” means a certificate properly issued by

the Competent Authority in accordance with the six models

set in Schedule IV to these rules, as a means of guaranteeing

and monitoring compliance with animal health requirements

as regards animals and products of animal origin subject to

trade for the purpose of these rules;

“health inspection” means a visit by the official

veterinarian or authorised veterinarian for the purpose

of inspecting the health status of all the poultry in an

establishment;

“holding” means a facility which may include an

establishment used for the rearing or keeping of breeding or

productive poultry;

“importation” means the importation of animals and

their products from a third country into the Community for

the purpose of intra-Community trade;

“infected area” means for the diseases listed in Schedule

V to these rules, either a zone comprising a well-defined

territory, depending on the epizootiological environment of

the outbreak site, or a protection zone with a radius of at least

3 kilometres around the outbreak site, which is itself included

in a surveillance zone of a radius of at least 10 kilometres;

“Member State” means a State which is a member to the

European Union;

“Member State of destination” means such Member

State in which poultry and hatching eggs are transported from

another Member State for the purpose of intra-Community

trade after being imported from a third country;

“official veterinarian” shall have the same meaning as

that provided for under the Animal Health Requirements

governing Trade and Imports into the Community of Animals,

Semen, Ova and Embryos not subject to Animal Health

Requirements laid down in Specific Community Acts, Rules

2009;

“outbreak site” means the holding or place situated in

the Community where animals are assembled and where any

of the notifiable diseases listed in Schedule V to these rules

have been officially confirmed;

“overriding reasons relating to public interest” shall

have the same meaning as that provided for under the Animal

Health Requirements governing Trade and Imports into

the Community of Animals, Semen, Ova and Embryos not

subject to Animal Health Requirements laid down in Specific

Community Acts, Rules 2009;

“poultry” means fowl, turkeys, guinea fowl, ducks,

geese, quails, pigeons, pheasants and partridges reared or kept

in captivity for breeding, the production of meat or eggs for

consumption, or intended for re-stocking supplies of game;

“poultry intended for re-stocking supplies of game”

means the restocking supply of game birds referred to also as

“poultry” kept in captivity for breeding and rearing purposes;

“the product” means any product of animal origin

subject to trade;

“productive poultry” means poultry 72 hours old or

more, reared for the production of meat and, or eggs for

consumption or for restocking supplies of game;

“quarantine station” means a facility where the poultry

is kept in complete isolation and away from direct or

indirect contact with other poultry, so as to permit long-term

observation and testing for the diseases listed in Schedule V

to these rules;

“sanitary slaughter” means the destruction, subject to all

the necessary health safeguards including disinfection, of all

poultry and products at the outbreak site which are infected or

suspected of being contaminated;

“slaughter poultry” means poultry sent direct to a

slaughterhouse for slaughter as soon as possible after arrival,

and in any case within 72 hours;

“Standing Committee on the Food Chain and Animal

Health” or “the Committee” means a Committee made up

of the representatives of Member States named committee

members, who assist and consult the Commission by

delivering an Opinion regarding safety measures with respect

to animal health issues to be then formally adopted by the

Commission in accordance with the appropriate procedure.

Such committee procedure covers the entire food supply

chain, ranging from animal health issues on the farm to

the product which arrives to the final consumer, therefore

significantly enhancing its ability to target risks to health

wherever they arise in the production of food;

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

of the European Community;

“trade” means intra-Community trade between Member

States in animals and their products after being imported

from a third country, a business or occupation to make profit

or gain, particularly in retail or wholesale sales and includes

dealings in a particular business activity;

“the Treaty” means the Treaty on the European Union

establishing the European Community as amended by the

Lisbon Treaty of 2007;

“veterinary checks” means checks or import controls

carried out on poultry and hatching eggs, subject to their

respective procedures as follows:-

(i) as regards checks carried out for intra-

Community trade, in terms of the procedure provided in

rule 3 (2) of the Animal Health Requirements Governing

Trade and Imports into the Community of Animals,

Semen, Ova and Embryos not Subject to Animal Health

Requirements laid down in Specific Community Acts,

Rules 2009; and

(ii) for import controls carried out via border

inspection posts on imports from third countries into the

Community, in terms of the Principles Governing the

Organisation of Veterinary Checks on Products Entering

the Territory of Malta from Third Countries Regulations,

2003.

(1)

These rules shall not apply to poultry for

exhibitions, show or contests.

(2)

These rules shall in particular apply to

(a) poultry, being live animals, and hatching eggs,

being animal products, included in the list of products in

Annex I to the Treaty;

(b) the breeding and rearing of poultry included in the

farming sector which constitutes a source of income for part

of the farming population;

(c) the elimination of disparities as regards animal

health conditions in the Member States in order to encourage

intra-Community trade in poultry and hatching eggs, thus

contributing to the completion of the internal market;

(d) the harmonious development of intra-Community

trade to govern import from third countries;

(e) animal health requirements so as to avoid the

spread of contagious diseases;

(f) the organisation of and the follow-up to the checks

to be carried out by the Member State of destination and the

safeguard measures to be implemented in this regard;

(g) all measures taken by the Member States required

for the purpose of safeguarding public and animal health

including slaughter and disposal of poultry and hatching eggs

on their arrival in the Community and during transit to their

place or Member State of destination;

(h) the immediate prohibition on imports from a third

country when such imports may be dangerous for human and

animal health.

(3) The Competent Authority shall apply all such

necessary administrative measures conforming to the requirements

of the Standing Committee of the Food Chain and Animal

Health according to the requirements of these rules, to ensure

that there is no breach of these rules and also to reduce the risk

for final consumers and any additional risk to animals and to the

environment.

(4)

These measures shall include the direct

confiscation of the product, the suspension of the activities carried

out by the authorised provider when these are creating a risk to

final consumers and to the environment, and the forfeiture of any

authorisation, licence or permit in terms of article 60 of the Act in

addition to the application of any other administrative penalty in

terms of article 61 of the Act.

(1) The Competent Authority shall designate a national

reference laboratory as referred to in Schedule I to these rules, to

be responsible for coordinating the diagnostic methods provided

for in these rules and their use by the approved laboratories located

in Malta.

(2)

The Competent Authority shall make the

details of its national reference laboratory, and any subsequent

changes thereto available to the other Member States and to the

public. Detailed rules for the uniform application of this rule

may be adopted in accordance with the procedure referred to in

the definition “Standing Committee on the Food Chain and Animal

Health” as provided under rule 2 (2).

In order to be traded within the Community

(a) hatching eggs, day-old chicks, breeding poultry

and productive poultry shall satisfy the conditions laid down

in rules 6, 12, 15 and 17 and, respectively, those laid down

pursuant to rules 13 and 14 or those laid down in rules 7, 8

and 9;

(b) slaughter poultry and, by way of derogation from

paragraph (a), poultry intended for restocking supplies of

game, until the implementation of animal health conditions

governing intra-Community trade and the import from third

countries of fresh poultry meat and game birds for rearing,

shall fulfill the conditions set out in rules 10, 12, 15 and 17

and those laid down pursuant to rules 13 and 14.

(1) Hatching eggs, day-old chicks, breeding poultry

and productive poultry shall come from

(a)

establishments which fulfill the following

requirements

(i) they shall be approved and given a

distinguishing number by the Competent Authority,

in accordance with the rules set out in Chapter I of

Schedule II to these rules;

(ii) they shall not, at the time of consignment, be

the subject of any animal health restrictions applicable

to poultry;

(iii)

they shall not be located in an infected area;

and

(b) a flock which, at the time of consignment, presents

no clinical sign or suspicion of disease.

(2) The Competent Autorithy shall draw up and keep

up to date a list of establishments approved in accordance with sub-

rule (1) (a) (i), and their distinguishing numbers, and shall make it

available to the other Member States and to the public. Detailed

rules for the uniform application of this article may be adopted

in accordance with the procedure referred to in the definition

“Standing Committee on the Food Chain and Animal Health” as

provided under rule 2 (2).

(1) At the time of consignment, hatching eggs shall, if

they come from a Member State, meet the following requirements

(a) come from flocks which

(i) have been held for more than six weeks in

one or more Community establishments in accordance

with rule 6 (1) (a) (i);

(ii) if there is a vaccination requirement, have

been vaccinated in accordance with the vaccination

conditions in Schedule III to these rules;

(iii)

h a v e u n d e rg o n e a n a n i m a l h e a l t h

examination carried out by an official veterinarian or an

authorised veterinarian during the 24 hours preceding

consignment and, at the time of the examination, have

shown no clinical sign or suspicion of disease;

(b)

be marked in accordance with Regulation

(EEC) No 1868/77 establishing rules on the production

and marketing of eggs for hatching and of farmyard poultry

chicks; and

(c) have been desinfected in accordance with the

instructions of the official veterinarian.

(2) In case hatching eggs come from third countries,

they shall have been imported in accordance with the conditions

set out in these rules.

Day-old chicks shall

(a) have been hatched from hatching eggs satisfying

the requirements of rules 6 (1) and 7;

(b) satisfy the vaccination conditions laid down in

Schedule III to these rules, provided there is a vaccination

requirement; and

(c) present, at the time of consignment, no suspicion

of diseases on the basis of point 2 (g) and (h) of Section B of

Chapter II of Schedule II to these rules.

At the time of consignment, breeding poultry and

productive poultry shall

(a) have been held since hatching or for more than six

weeks in one or more Community establishments pursuant to

rule 6 (1) (a) (i);

(b) satisfy the vaccination conditions laid down in

Schedule III to these rules, provided there is a vaccination

requirement; and

(c) have been submitted to a health examination by

an official or authorised veterinarian during the 24 hours

preceding consignment and, at the time of the examination,

have presented no clinical sign or suspicion of disease.

At the time of the consignment, slaughter poultry shall

have come from a holding

(a) where they have been held since hatching or for

more than 21 days;

(b) which is not the subject to any animal health

restrictions applicable to poultry;

(c) where the health examination carried out by

the official or authorised veterinarian during the 48 hours

preceding dispatch of the flock from which the consignment

to be slaughtered is to be drawn has not revealed within that

flock any clinical sign or suspicion of disease; and

(d) which is not located in an area infected with avian

influenza or Newcastle disease.

(1) The requirements set out in rules 5 to 10 and rule

15 shall apply to poultry and hatching eggs which, at the time of

consignment, have come from flocks which

(a) have been held in the Community since hatching

or for at least three months;

(b) present no clinical signs of a contagious poultry

disease at the time of consignment;

(c) satisfy the vaccination conditions laid down in

Schedule III to these rules, provided there is a vaccination

requirement in this regard;

(d) are not the subject of any animal health restrictions

applicable to poultry;

(e) are not located in an area infected with avian

influenza or Newcastle disease; and

(f) have been found negative in serological tests for

Salmonella pullorum et gallinarum antibodies, in accordance

with Chapter III of Schedule II to these rules

Provided that, such requirements shall not apply to intra-

Community trade in poultry and hatching eggs in respect of

consignments comprising fewer than 20 units.

(1) In the case of consignment of poultry and hatching Consignment of

eggs from a Member State of collection or part thereof, which poultry

vaccinate the poultry referred to in sub-rule (2) against Newcastle vaccine measures.

disease, to Malta, being the Member State of destination, the status

of which has been established in accordance with sub-rule (2), the

following rules shall apply

(a) hatching eggs shall come from flocks which are

(i)

not vaccinated; or

(ii)

vaccinated using an inactivated vaccine; or

(iii) vaccinated using a live vaccine, provided

that vaccination has taken place at least 60 days before

the collection of the hatching eggs;

(b) day-old chicks shall come from

(i) hatching eggs satisfying the conditions in

paragraph (a); and

(ii) a hatchery where working practices ensure

that such eggs are incubated at completely separate times

and locations from eggs not satisfying the conditions in

paragraph (a);

(c) breeding and productive poultry shall

(i) not have been vaccinated against Newcastle

disease; and

(ii) have been isolated for 14 days before

consignment, at either a holding or a quarantine station

under the supervision of the official veterinarian.

In this regard, no fowl at the holding of origin or

quarantine station, as applicable, may have been

vaccinated against Newcastle disease during the 21

days preceding consignment and no bird which is not

due for consignment may have entered the holding or

the quarantine station during that time; in addition,

no vaccinations may be carried out in the quarantine

stations; and

(iii) have undergone, during the 14 days

preceding consignment, representative serological testing

to detect Newcastle disease antibodies in accordance

with detailed rules adopted pursuant to the procedure

referred to in the definition “Standing Committee on the

Food Chain and Animal Health” as provided under rule

2 (2); and

(d) slaughter poultry shall come from flocks which

(i) if not vaccinated against Newcastle disease,

satisfy the requirement in the third item of paragraph (c);

and

(ii) if vaccinated, have not been vaccinated with

a live vaccine during the 30 days preceding consignment

and have undergone, during the 14 days preceding

consignment and on the basis of a representative

sample, a test to isolate the Newcastle disease virus

complying with detailed rules adopted in accordance

with the procedure referred to in the definition “Standing

Committee on the Food Chain and Animal Health” as

provided under rule 2 (2).

(2) The status of Malta, being the Member State

of destination as regards Newcastle disease, shall be established

in accordance with the procedure referred to in the definition

“Standing Committee on the Food Chain and Animal Health” as

provided under rule 2 (2), at the latest six months before the date

on which the Competent Authority shall conform to these rules.

The elements to be taken into consideration for determining this

status shall be the data referred to in rule 14 (1) and, in particular,

the following criteria

(i) no Newcastle disease shall have been detected

in the poultry for at least the preceding 12 months;

(ii) vaccination against Newcastle disease in the

poultry referred to in sub-rule (1), shall not have been

authorised for at least the preceding 12 months;

(iii) all breeding flocks shall have been monitored

at least once a year for the presence of Newcastle

disease; and

(iv) the holdings shall contain no poultry which

have been vaccinated against Newcastle disease.

(1) Where the Competent Authority draws up or Programme

has drawn up a voluntary or compulsory control programme for monitoring

a disease to which poultry are susceptible, it may present the Competent Authority.

programme to the Commission, outlining in particular

(a) the distribution of the disease in Malta;

(b) the reasons for the programme, taking into

consideration the importance of the disease and the

programme’s likely benefit in relation to its cost;

(c) the geographical area in which the programme

will be implemented;

(d) the status categories to be applied to poultry

establishments, the standards which shall be attained in each

category, and the test procedures to be used;

(e) the programme monitoring procedures;

(f) the action to be taken if, for any reason, an

establishment loses its status; and

(g) the measures to be taken if the results of the

tests carried out in accordance with the provisions of the

programme are positive.

(1) Where the Competent Authority, considers that

Malta is, in whole or in part, free from one of the diseases to

which poultry are susceptible, it shall present to the Commission

appropriate supporting documentation, setting out in particular

(a) the nature of the disease and the history of its

occurrence in Malta;

(b) the results of surveillance testing based on

serological, microbiological or pathological investigations

and on the fact that the disease shall by law be notified to the

competent authorities;

(c)

the period over which the surveillance was carried

out;

(d)

where applicable, the period during which

vaccination against the disease has been prohibited and the

geographical area concerned by the prohibition; and

(e) the arrangements for verifying that the area

concerned remains free from the disease.

(2)

The Competent Authority shall notify the

Commission of any change in the particulars specified in sub-rule

(1). The guarantees laid down in sub-rule (1) may, in the light of

such notification, be amended or withdrawn in accordance with the

procedure referred to in the definition “Standing Committee on the

Food Chain and Animal Health” as provided under rule 2 (2).

(1) Day-old chicks and hatching eggs shall be

transported either in purpose-designed disposable boxes, or

in boxes which may be re-used provided they are disinfected

beforehand. Such boxes shall be cleaned and shall

(a) contain only day-old chicks or hatching eggs of

the same species, category and type of poultry coming from

the same establishment; and

(b)

bear the following indications

(i) the name of the Member State of collection or

consignment;

(ii) the species of poultry to which the eggs or

chicks belong;

(iii)

the number of chicks or eggs;

(iv) the category and type of production for

which they are intended;

(v) the name or business name, address and

approval number of the production establishment;

(vi) the establishment of origin’s approval

number, as provided for in point (2) of Chapter I of

Schedule II to these rules; and

(vii)

the Member State of destination; and

(c) be closed in accordance with the instructions of

the competent authority of the Member State of collection in

such a way as to avoid any possibility of substitution of the

contents.

(2) Boxes holding day-old chicks or hatching eggs

may be grouped for transport in appropriate containers. The

number of boxes thus grouped and the indications referred to in

sub-rule (1) (b) shall be shown on such containers.

(3) Breeding and productive poultry shall be

transported in crates or cages

(a) which contain only poultry of the same species,

categories and type, coming from the same establishment;

(b) bearing the approval number of the establishment

of origin situated in the Member State of collection as

provided for in point (2) of Chapter I of Schedule II to these

rules; and

(c)

which are closed in accordance with the

instructions of the competent authority of the Member State

of collection in such a way as to avoid any possibility of

substitution of the contents.

(4) Breeding and productive poultry and day-old

chicks shall be conveyed without delay to the establishment of

destination in Malta, without coming into contact with other live

birds, except breeding and productive poultry or day-old chicks

satisfying the conditions laid down in these rules.

(5) Slaughter poultry shall be conveyed without delay

to the slaughterhouse of destination in Malta, without coming into

contact with other poultry, except slaughter poultry satisfying the

conditions laid down in these rules.

(6) Crates, cages and vehicles shall be designed in such a

manner so as to

(a) preclude the loss of excrement and minimize the

loss of feathers during transit;

(b)

allow visual inspection of the poultry; and

(c)

allow cleansing and disinfection.

(7) The vehicles and, if they are not disposable, the

containers, crates and cages shall, before loading and unloading, be

cleansed and disinfected in accordance with the instructions of the

competent authority of the Member State of collection and shall

comply with the requirements pursuant to the Animals Transport

(Protection) Regulations, 2003.

2003.

Poultry as referred to in rule 15 (4) shall not, unless

otherwise provided in exceptional circumstances, be transported

through areas infected with avian influenza or Newcastle disease,

unless through trunk roads.

In trade between Member States, poultry and hatching

eggs shall, during transportation to the place of destination, be

accompanied by a health certificate which

(a) conforms with the appropriate model in Schedule

IV to these rules;

(b) is signed by an official veterinarian;

(c) is drawn up on the date of loading in the language

or languages of the Member State of dispatch and in the

official language or languages of the Member State of

destination;

(d) is valid for five days;

(e) consists of a single sheet;

(f) is normally made out for a single consignee; and

(g) bears a stamp of a colour different from that of the

certificate.

The Competent Authority may, in compliance with the Authorisations

general provisions of the Treaty, grant one or more Member States relating

of collection or dispatch general authorisations or authorisations Community.

limited to specific cases, permitting entry in Malta of poultry and

hatching eggs without the certificate provided for in rule 17.

Poultry and hatching eggs imported into the Community

shall satisfy the conditions laid down in rules 20 to 23.

(1) Poultry and hatching eggs shall have originated List of third countries

in a third country or part thereof included on a list drawn up drawn

by the Commission which may be supplemented or amended

in accordance with the procedure referred to in the definition

“Standing Committee on the Food Chain and Animal Health” as

provided under rule 2 (2).

(2) In deciding whether a third country or part thereof

may be included on the list referred to in sub-rule (1), particular

account shall be taken of

(a) the state of health of the poultry, other domestic

animals and wildlife in the third country, particular attention

being paid to exotic animal diseases, and the health situation

in the surrounding area, where either is liable to endanger

public and animal health in the Member States;

(b) the regularity and rapidity of the supply of

information by the third country relating to the existence

of contagious animal diseases in its territory, in particular

the diseases on lists A and B of the International Office of

Epizootics;

(c) the country’s rules on animal-disease prevention

and control;

(d) the structure of the veterinary services in the

country and their powers;

(e) the organization and implementation of measures

to prevent and control contagious animal diseases;

(f) the guarantees which the third country can give

with regard to compliance with these rules; and

(g) compliance with Community rules on hormones

and residues.

(1) Poultry and hatching eggs shall come from

countries free from avian influenza and Newcastle disease.

(2) The general criteria for classifying the third

country from the point of view of the diseases shall be adopted

in accordance with the procedure referred to in the definition

“Standing Committee on the Food Chain and Animal Health” as

provided under rule 2 (2).

(1) Poultry and hatching eggs may be imported from

a third country, or part thereof included on the list drawn up in

accordance with rule 20 (1) only if they come from flocks which

(a) prior to consignment have been held without

interruption in such country or part thereof, for a period to be

determined in accordance with the procedure referred to in

the definition “Standing Committee on the Food Chain and

Animal Health” as provided under rule 2 (2); and

(b) satisfy the animal health conditions adopted in

accordance with the procedure referred to in the definition

“Standing Committee on the Food Chain and Animal Health”

as provided under rule 2 (2) for imports of poultry and

hatching eggs from the country in question. The conditions

may differ according to the species or category of poultry.

(2) The animal health conditions shall be determined

on the basis of these rules. In accordance with the procedure

referred to in the definition “Standing Committee on the

Food Chain and Animal Health” as provided under rule 2 (2),

derogations may be granted on a case-by-case basis if the third

country concerned offers similar animal health guarantees which

are at least equivalent to the conditions mentioned in sub-rule (1).

(1) Poultry and hatching eggs shall be accompanied

by a certificate drawn up and signed by an official veterinarian of

the exporting third country.

The certificate shall

(a) be issued on the day of loading for consignment to

the Member State of destination;

(b) be drawn up in the official language or languages

of the Member State of destination;

(c) accompany the consignment in the original;

(d) attest to the fact that the poultry or hatching eggs

satisfy the requirements of these rules and those adopted

pursuant to these rules with regard to importation from third

countries;

(e) be valid for five days;

(f) consist of a single sheet;

(g) be made out for a single consignee; and

(h) bear a stamp of a colour different from that of the

certificate.

(2) The certificate referred to in sub-rule (1) shall

comply with a model drawn up in accordance with the procedure

referred to in the definition “Standing Committee on the Food

Chain and Animal Health” as provided under rule 2 (2).

(1) On-the-spot inspections shall be carried out by On-spot inspections.

veterinary experts of the Member States, being either the Member

State of origin or collection or the Member State of destination,

to be designated by the Commission on request by the Member

States, whereby it shall ensure that all the provisions of these rules

are effectively applied.

(2) The costs for the inspections carried out shall

be incurred on behalf of the Community. The frequency of the

inspections and the inspection procedure shall be determined

in accordance with the procedure referred to in the definition

“Standing Committee on the Food Chain and Animal Health” as

provided under rule 2 (2).

(1) Without prejudice to rule 28, the rules and general

principles applicable to inspections carried out in third countries

in the case of external transit or to inspections of imported poultry

from third countries carried out via border inspection posts or

external frontiers, shall continue to apply.

(2) Poultry and hatching eggs may not be imported

into the Community if

(a) the consignment does not come from the third

country or part thereof on the list drawn up pursuant to rule

20 (1);

(b) the consignment is, or is suspected of being

infected with, or contaminated by a contagious disease;

(c) the conditions laid down in these rules have not

been complied with by the exporting third country;

(d) the certificate accompanying the consignment does

not comply with the conditions set out in rule 23; and

(e) examination reveals that Community rules on

hormones and residues have not been complied with.

(3) Without prejudice to any special conditions

which may be adopted by the Commission to apply animal health

restrictions as required after importation, for reasons of animal

health, or where permission has not been granted to send back

poultry, the entry of which has been refused pursuant sub-rule (1),

the Competent Authority may designate the slaughterhouse which

shall accept such poultry.

On arrival in Malta, being the Member State of

destination, slaughter poultry shall be taken directly to a

slaughterhouse for slaughter as soon as possible. Without prejudice

to any special conditions which may be adopted in accordance with

the procedure referred to in the definition “Standing Committee on

the Food Chain and Animal Health” as provided under rule 2 (2),

the Competent Authority may, on animal-health grounds, designate

the slaughterhouse to which the poultry shall be conveyed.

(1) For the purposes of intra-Community trade,

the safeguard measures provided for in the Veterinary Checks

applicable in Intra-Community Trade with Member States in

Animal Products Regulations, 2003, shall apply.

(2) For the purposes of imports from third countries,

the following safeguard measures shall apply

(a) without prejudice to rule 21, if a contagious

poultry disease likely to endanger the health of poultry in

Malta appears in or extends to a third country or if any other

animal-health reason justifies it, the Competent Authority

shall prohibit imports of animals of the species covered

by these rules coming directly from the third country as a

whole or from any part thereof or indirectly through another

Member State;

(b) the measures taken by the Competent Authority

on the basis of this rule, together with their repeal, shall be

communicated without delay to the other Member State

and the Commission and the reasons therefor shall be

indicated. The resumption of imports from the third country

concerned shall be authorised under the procedure referred to

in the definition “Standing Committee on the Food Chain and

Animal Health” as provided under rule 2 (2).

The veterinary control rules provided for by the Veterinary control

Veterinary and Zootechnical Checks applicable in Trade with rules

Member States in certain Live Animals and Products Regulations, trade.

2003, providing for veterinary checks which are no longer carried L.N. 353 of 2003.

out at frontiers in trade between Member States, but which shall

apply in particular, to checks in the Member State of origin or

collection and checks carried out on arrival by the Member State

of destination, shall apply to intra-Community trade in poultry and

hatching eggs.

Amendments to the Schedules to these rules, particularly Amendments made

in order to adapt them to changes in diagnostic methods and to to Schedules to these

variations in the economic importance of particular diseases, shall

be decided by the Commission in accordance with the procedure

referred to in the definition “Standing Committee on the Food

Chain and Animal Health” as provided under rule 2 (2).

(1) Any person who fails to abide by these rules shall Offences and

be guilty of an offence in terms of the Act and the provisions and penalties.

measures of rule 3 (3) and (4) shall apply to it.

(2) Any right given to the Competent Authority under

these rules to apply all such necessary measures prescribed in rule

3 (3) and (4), shall be given to the Competent Authority without

prejudice to other criminal proceedings which may be taken under

the Act or any other law when a person commits an offence by

failing to abide by these rules.

Schedule I

NATIONAL REFERENCE LABORATORIES

The national reference laboratories for avian diseases designated in accordance with

rule 4 of these rules shall be responsible in each Member State for coordinating the

diagnostic methods provided for in these rules. To this end

(a) they may supply approved laboratories with the reagents needed for

diagnostic testing;

(b) they shall monitor the quality of reagents used by the laboratories approved

for the purpose of carrying out the diagnostic tests provided for in these rules;

(c) they shall organise periodic comparative tests.

Schedule II

APPROVAL OF ESTABLISHMENTS

CHAPTER I - General rules

1. In order to be approved by the Competent Authority for the purposes of intra-

Community trade, establishments shall

(a) satisfy the conditions as regards facilities and operation set out in Chapter II

hereof;

(b) apply and adhere to a disease surveillance programme approved by the

Competent Authority, taking into account the requirements of Chapter III hereof;

(c) provide every facility for the carrying out of the operations listed in

paragraph (d) hereof;

(d) be subject to the supervision of the Competent Authority within the context

of an organized form of animal health monitoring. Such monitoring shall include

in particular

(i)

at least one inspection visit per year by the official veterinarian,

supplemented by checks to verify the application of hygiene measures and

the operation of the establishment in accordance with the conditions in

Chapter II hereof;

(ii) the recording by the farmer of all the information necessary for the

continuous monitoring of the health status of the establishment by the

Competent Authority;

(e) contain only poultry as defined in rule 2 (2).

2. The Competent Authority will give each establishment which complies with the

conditions laid down in point 1 hereof a distinguishing approval number, which may

be the same as that given pursuant to Regulation (EEC) No 2782/75 on the production

and marketing of eggs for hatching and of farmyard poultry chicks.

CHAPTER II - Facilities and operation

A. Pedigree breeding, breeding and rearing establishments

1. Facilities

(a) The site and layout of the facilities shall be compatible with the type of

production pursued, ensuring that the introduction of disease can be prevented

or, if an outbreak occurs, that it can be controlled. If an establishment houses

several species of poultry, there shall be a clear separation between them.

(b) The facilities shall provide good conditions of hygiene and allow health

monitoring to be carried out.

(c) The equipment shall be compatible with the type of production pursued, and

allow cleansing and disinfection of the facilities and of vehicles for transporting

poultry and eggs at the most suitable spot.

2. Rearing

(a) Rearing techniques shall be based as far as possible on the 'protected rearing'

principle and on the 'all-in-all-out' principle. Cleansing, disinfection and

depopulation shall be carried out between batches.

(b) Pedigree-breeding, breeding and rearing establishments shall house only

poultry

(i) from the establishment itself; and, or

(ii) from other pedigree-breeding, breeding or rearing establishments in the

Community approved in accordance with rule 6 (1) (a); and, or

(iii) imported from third countries in accordance with these rules.

(c) Hygiene rules shall be drawn up by the management of the establishment;

personnel shall wear appropriate working clothing and visitors protective

clothing.

(d) Buildings, pens and equipment shall be kept in good repair.

(e) Eggs shall be collected several times a day, and shall be clean and be

disinfected as soon as possible.

(f) The farmer shall notify the authorised veterinarian of any variation in

production performance or any other sign suggesting the presence of a

contagious poultry disease. As soon as a disease is suspected, the authorised

veterinarian shall send the samples needed for making or confirming the

diagnosis to an approved laboratory.

(g) A flock history, register or data medium shall be kept for each flock for at

least two years after the disposal of the flock and shall show.

(i) arrivals and departures;

(ii) production performance;

(iii) morbidity and mortality with causes;

(iv) any laboratory tests and the results thereof;

(v) the place of origin of the poultry;

(vi) the destination of eggs.

(h) Where a contagious poultry disease occurs, the results of laboratory tests

shall be communicated immediately to the authorised veterinarian.

B. Hatcheries

1. Facilities

(a) A hatchery shall be physically and operationally separate from rearing

facilities. The layout shall be such as to allow the various functional units listed

below to be kept separate

(i) egg storage and grading;

(ii) disinfection;

(iii) pre-incubation;

(iv) hatching;

(v) preparation and packaging of goods for dispatch.

(b) Buildings shall be protected against birds coming from outside and rodents;

floors and walls shall be of hard-wearing, impervious and washable materials;

natural or artificial lighting and air flow and temperature systems shall be of an

appropriate type; provision shall be made for the hygienic evacuation of waste

(eggs and chicks).

(c) Equipment shall have smooth and waterproof surfaces.

2. Operation

(a) Operation shall be based on a one-way circuit for eggs, mobile equipment

and personnel.

(b) Hatching eggs shall be

(i) from Community pedigree breeding or breeding establishments

approved in accordance with rule 6 (1) (a);

(ii) imported from third countries in accordance with these rules.

(c) Hygiene rules shall be drawn up by the management of the establishment;

personnel shall wear appropriate working clothing and visitors protective

clothing.

(d) Buildings and equipment shall be kept in good repair.

(e) The following shall be disinfected

(i) eggs, between the time of their arrival and the incubation process;

(ii) the incubators, regularly;

(iii) hatchers and equipment, after the hatching of each batch.

(f) A programme of microbiological quality control shall be used to assess the

health status of the hatchery.

(g) The farmer shall notify the authorised veterinarian of any variation in

production performance or any other sign suggesting the presence of a

contagious poultry disease. As soon as a contagious disease is suspected, the

authorised veterinarian shall send the samples needed for making or confirming

the diagnosis to an approved laboratory, and inform the Competent Authority

which will decide on appropriate measures to be taken.

(h) A flock history, register or data medium for the hatchery shall be kept for at

least two years showing, if possible by flock

(i) the origin of the eggs and their arrival date;

(ii) hatching yields;

(iii) any abnormalities;

(iv) any laboratory tests and the results thereof;

(v) details of any vaccination programmes;

(vi) the number and the destination of incubated eggs which have not

hatched;

(vii) the destination of day-old chicks.

(i) Where a contagious poultry disease occurs, the results of laboratory tests shall

be communicated immediately to the authorised veterinarian.

CHAPTER III - Disease surveillance programme

Without prejudice to health measures and to rules 13 and 14, disease surveillance

programmes shall, as a minimum, comprise surveillance of the infections and species

listed below.

A. Salmonella pullorum, salmonella gallinarum and salmonella arizonae infections

1. Species concerned

(a) S. pullorum et gallinarum: fowls, turkeys, guinea fowls, quails, pheasants,

partridges and ducks.

(b) S. arizonae: turkeys.

2. Disease surveillance programme

(a) Serological and, or bacteriological tests shall be used to determine whether an

infection is present.

(b) Samples for testing shall be taken, as appropriate, from blood, second-grade

chicks, down or dust taken from hatchers, swabs taken from the walls of the

hatchery, litter or water from a drinker.

(c) When blood samples are taken from a flock for serological testing for S.

pullorum or S. arizonae, prevalence of infection in the country concerned and its

past incidence in the establishment shall be taken in consideration for determining

the number of samples to be taken. Flocks shall be inspected during each laying

period at the best time for detecting the disease.

B. Mycoplasma gallisepticum and Mycoplasma meleagridis infections

1. Species concerned

(a) Mycoplasma gallisepticum: fowls and turkeys.

(b) Mycoplasma meleagridis: turkeys.

2. Disease surveillance programme

(a) Presence of infection shall be tested by serological and, or bacteriological

testing and, or by the presence of air sacculitis lesions in day-old chicks and turkey

poults.

(b) Samples for testing shall be taken, as appropriate, from blood, day-old chicks

and turkey poults, sperm, or swabs taken from the trachea, the cloaca or air sacs.

(c) Tests for detecting M. gallisepticum or M. meleagridis shall be performed on a

representative sample in order to allow continous surveillance of the infection

during rearing and laying, that is just before the start of laying and every three

months thereafter.

C. Results and measures to be taken

If there are no reactors, the test is deemed negative. Otherwise, the flock is suspect and

the measures specified in Chapter IV hereof shall be applied to it.

D. In the case of holdings which consist of two or more separate production units, the

Competent Authority may derogate from these measures as regards healthy production

units on a holding which is infected provided that the official or authorised veterinarian

has confirmed that the structure and size of these production units and the operations

carried out there are such that the production units provide completely separate

facilities for housing, keeping and feeding, so that the disease in question cannot

spread from one production unit to another.

CHAPTER IV - Criteria for suspending or withdrawing approval of an establishment

1. Approval granted to an establishment shall be suspended

(a) when the conditions laid down in Chapter II hereof are no longer met;

(b) until an investigation appropriate to the disease has been completed

(i) if avian influenza or Newcastle disease are suspected at the

establishment;

(ii) if the establishment has received poultry or hatching eggs from an

establishment with suspected or actual infection by avian influenza or

Newcastle disease;

(iii) if contact liable to transmit the infection has occurred between the

establishment and the site of an outbreak of avian influenza or Newcastle

disease;

(c) until such time as new tests are performed, if the results of surveillance carried

out in accordance with the conditions laid down in Chapters II and III hereof or

infection by S. pullorum, S. gallinarum, S. arizonae, M. gallisepticum or M.

meleagridis give cause to suspect infection;

(d) until completion of the appropriate measures required by the official

veterinarian, if the establishment is found not to conform with the requirements of

Chapter I, point 1, paragraphs (a), (b), and (c) hereof.

2. Approval shall be withdrawn

(a) if avian influenza or Newcastle disease occurs at the establishment;

(b) if a second test of an appropriate type confirms the presence of infection by S.

pullorum, S. gallinarum, S. arizonae, M. gallisepticum or M. meleagridis;

(c) if, after a second notice served by the official veterinarian, action to bring the

establishment in line with the requirements of Chapter I, point 1, paragraphs (a),

(b) and (c) hereof, has not been taken.

3. Conditions for restoring approval

(a) if approval has been withdrawn because of an occurrence of avian influenza or

Newcastle disease, it may be restored 21 days after cleansing and disinfection if

sanitary slaughter has been carried out;

(b) if approval has been withdrawn because of infection caused by

(i) Salmonella pullorum et gallinarum, or Salmonella arizonae, it may be

restored after negative results have been recorded in two tests performed

with an interval of at least 21 days on the establishment and after

disinfection following sanitary slaughter of the infected flock;

(ii) Mycoplasma gallisepticum or Mycoplasma meleagridis, it may be

restored after negative results have been recorded in two tests performed on

the entire flock with an interval of at least 60 days.

Schedule III

Schedule III

POULTRY VACCINATION CONDITIONS

Vaccines used for vaccinating poultry or flocks producing hatching eggs shall

(i) conform to the requirements of the European Pharmacopoeia; and

(ii) be produced, tested and distributed under official supervision.

The criteria for using vaccines against Newcastle disease in the context of routine-

vaccination programmes may be determined by the Commission.

Schedule IV

Schedule IV

HEALTH CERTIFICATES FOR INTRA-COMMUNITY TRADE

MODEL 1 EUROPEAN COMMUNITY HATCHING EGGS

1. Consignor (name and address in full)

2. Member State of origin

3. Consignee (name and address in full)

(i) initial

(ii) final

NOTES

(a) A separate certificate shall be provided for each consignment of hatching eggs.

(b) The original of the certificate shall accompany the consignment to its final

destination.

HEALTH CERTIFICATE

No. ORIGINAL

4. Competent Authority

5. Address of establishment where hatching eggs were collected

6. Place of loading

7. Means of transport

8. Member State of destination

Final destination

9. Approval number of the establishment

10. Poultry species

Final destination

9. Approval number of the establishment

10. Poultry species

11. For the production of

12. Consignment identification details

(a) Number of hatching eggs

(b) Date of collection

(c) Identification details of parent flock

(d) Brand name

13. I, the undersigned official veterinarian, certify that

(a) the hatching eggs described above comply with the provisions of rules 6, 7 and

15 of the Animal Health Conditions Governing Intra-Community Trade, and

Imports from Third Countries of Poultry and Hatching Eggs, Rules 2011;

(b) additional certifications regarding rules 12, 13 and 14 of the Animal Health

Conditions Governing Intra-Community Trade, and Imports from Third Countries

of Poultry and Hatching Eggs, Rules 2011.

Done at

Signature

Name in block capitals

Position held

Stamp

MODEL 2 EUROPEAN COMMUNITY DAY-OLD CHICKS

Stamp

MODEL 2 EUROPEAN COMMUNITY DAY-OLD CHICKS

1. Consignor (name and address in full)

2. Member State of origin

3. Consignee (name and address in full)

(i) initial

(ii) final

NOTES

(a) A separate certificate shall be provided for each consignment of day-old chicks.

(b) The original of the certificate shall accompany the consignment to its final

destination.

HEALTH CERTIFICATE

No ORIGINAL

4. COMPETENT AUTHORITY

5.Address of establishment where hatched

6. Place of loading

7. Means of transport

8. Member State of destination

Final destination

9. Approval number of the establishment

10. Poultry species

11. For the production of

12. Consignment identification details

9. Approval number of the establishment

10. Poultry species

11. For the production of

12. Consignment identification details

(a) Number of chicks

(b) Date hatched

(c) Identification details of establishment of origin

(d) Category/type

13. I, the undersigned official veterinarian, certify that

(a) the day-old chicks described above comply with the provisions of rules 6, 8

and 15 of the Animal Health Conditions Governing Intra-Community Trade, and

Imports from Third Countries of Poultry and Hatching Eggs, Rules 2011;

(b) additional certifications regarding rules 12, 13 and 14 of the Animal Health

Conditions Governing Intra-Community Trade, and Imports from Third

Countries of Poultry and Hatching Eggs, Rules 2011.

Done at

Signature

Name in block capitals

Position held

Stamp

MODEL 3 EUROPEAN COMMUNITY BREEDING AND PRODUCTIVE

POULTRY

1. Consignor (name and address in full)

2. Member State of origin

3. Consignee (name and address in full)

(i) initial

(ii) final

NOTES

(a) A separate certificate shall be provided for each consignment of poultry.

(b) The original of the certificate shall accompany the consignment to its final

destination.

HEALTH CERTIFICATE

No ORIGINAL

4. COMPETENT AUTHORITY

5. Address of establishment of origin

6. Place of loading

7. Means of transport

8. Member State of destination

Final destination

9. Approval number of the establishment

10. Poultry species

11. For the production of

12. Consignment identification details

(a) Head of poultry

(b) Identification details of flock of origin

(c) Category/type

13. I, the undersigned official veterinarian, certify that

(a) the poultry described above comply with the provisions of rules 6, 9 and 15

of the Animal Health Conditions Governing Intra-Community Trade, and

Imports from Third Countries of Poultry and Hatching Eggs, Rules 2011;

(b) additional certifications regarding rules 12, 13 and 14 of the Animal Health

Conditions Governing Intra-Community Trade, and Imports from Third

Countries of Poultry and Hatching Eggs, Rules 2011.

Done at

Signature

Name in block capitals

Position held

Stamp

MODEL 4 EUROPEAN COMMUNITY POULTRY AND EGGS FOR

HATCHING IN LOTS OF UNDER 20

1. Consignor (name and address in full)

2. Member State of origin

3. Consignee (name and address in full)

(i) initial

(ii) final

NOTES

(a) A separate certificate shall be provided for each consignment of poultry or hatching

eggs.

(b) The original of the certificate shall accompany the consignment to its final

destination.

HEALTH CERTIFICATE

No ORIGINAL

4. COMPETENT AUTHORITY

5. Address of establishment or holding of origin

6. Place of loading

7. Means of transport

8. Member State of destination

Final destination

9. Apporval number of the establishment (where applicable)

10. Poultry species

11. For the production of

12. Consignment identification details

(a) Head of poultry or no of hatching eggs

(b) Identification details of flocks of origin

(c) Category/type

13. I, the undersigned official veterinarian, certify that

(a) the poultry or hatching eggs described above comply with the provisions of

rule 11 of the Animal Health Conditions Governing Intra-Community Trade, and

Imports from Third Countries of Poultry and Hatching Eggs, Rules 2011;

(b) additional certifications regarding rules 12, 13 and 14 of the Animal Health

Conditions Governing Intra-Community Trade, and Imports from Third

Countries of Poultry and Hatching Eggs, Rules 2011.

Done at

Signature

Name in block capitals

Position held

Stamp

MODEL 5 EUROPEAN COMMUNITY SLAUGHTER POULTRY

1. Consignor (name and address in full)

2. Member State of origin

3. Consignor (name and address in full)

(i) initial

(ii) final

NOTES

(a) A separate certificate shall be provided for each consignment of poultry.

(b) The original of the certificate shall accompany the consignment to its final

destination.

HEALTH CERTIFICATE

No ORIGINAL

4. COMPETENT AUTHORITY

5. Address of establishment or holding of origin

6. Place of loading

7. Means of transport

8. Slaughterhouse and Member State of destination

Place of final destination

9. Approval number of the establishment (where applicable)

10. Poultry species

11. For the production of

12. Consignment identification details

(a) Head of poultry

(b) Approximate age of birds

13. I, the undersigned official veterinarian, certify that

(a) the poultry described above comply with the provisions of rule 10 of the

Animal Health Conditions Governing Intra-Community Trade, and Imports from

Third Countries of Poultry and Hatching Eggs, Rules 2011;

(b) additional certifications regarding rules 12, 13 and 14 of the Animal Health

Conditions Governing Intra-Community Trade, and Imports from Third

Countries of Poultry and Hatching Eggs, Rules 2011.

Done at

Signature

Name in block capitals

Position held

Stamp

MODEL 6 EUROPEAN COMMUNITY POULTRY FOR RE-STOCKING

SUPPLIES OF GAME

1. Consignor (name and address in full)

2. Member State of origin

3. Consignee (name and address in full)

(i) initial

(ii) final

NOTES

(a) A separate certificate shall be provided for each consignment of poultry.

(b) The original of the certificate shall accompany the consignment to its final

destination.

HEALTH CERTIFICATE

No ORIGINAL

4. COMPETENT AUTHORITY

5. Address of establishment or holding of origin

6. Place of loading

7. Means of transport

8. Member State of destination

Final destination

9. Approval number of the establishment (where appropriate)

10. Poultry species

11. For the production of

12. Consignment identification details

(a) Head of poultry

(b) Identification details of flocks of origin

(c) Approximate age of birds

14. I, the under signed official veterinarian, certify that

(a) the poultry described above comply with the provisions of rules 6, 9 and 15 of

the Animal Health Conditions Governing Intra-Community Trade, and Imports

from Third Countries of Poultry and Hatching Eggs, Rules 2011;

(b) additional certifications regarding rules 12, 13 and 14 of the Animal Health

Conditions Governing Intra-Community Trade, and Imports from Third Countries

of Poultry and Hatching Eggs, Rules 2011.

Done at

Signature

Name in block capitals

Position held

Stamp

Schedule V

COMPULSORILY NOTIFIABLE DISEASES

Avian influenza

Newcastle disease

€4.14