Emergency Euthanasia of Animals Regulations, 2015

L.N. 193 of 2015

ANIMAL WELFARE ACT

(CAP. 439)

Emergency Euthanasia of Animals Regulations, 2015

IN exercise of the powers conferred by article 11 of the Animal

Welfare Act, the Minister for Sustainable Development, the

Environment and Climate Change, in consultation with the Minister

for Finance, has made the following regulations:-

(1) The title of these regulations is the Emergency

Euthanasia of Animals Regulations, 2015.

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

measures, in line with article 11 of the Animal Welfare Act, with

respect to the emergency euthanasia of animals in public places and

spaces within the Maltese territory.

(3) Animals that have been victims of an accident that

prevents their transport for welfare reasons may undergo emergency

euthanasia on the spot. The aim is to spare any avoidable pain,

distress or suffering to the animal.

(1) Unless stated otherwise in these regulations, the

definitions contained in the Act, in Council Regulation (EC) No

1099/2009 of 24 September 2009 on the protection of animals at the

time of killing and in the manual of practical guidelines as published

in the Gazette by the Director to assess fitness for transport of adult

bovines shall apply. The same guidelines shall be utilised to assess

fitness for transport of other animals that are not transportable

without causing pain.

(2) For the purpose of these regulations and unless the context

otherwise requires

"the Act" means the Animal Welfare Act;

"animal" means any vertebrate animal;

"killing" means any intentionally induced process which causes

the death of an animal;

"emergency euthanasia" means the killing of animals which are

injured, in severe pain or suffering and where there is no other

practical possibility to alleviate this pain or suffering;

"official veterinarian" means a veterinary surgeon registered in

terms of article 43 of the Veterinary Services Act who is employed by

the State as a veterinary officer;

"private veterinarian" means a veterinary surgeon registered in

terms of article 43 of the Veterinary Services Act who exercises and

performs private veterinary activities.

These regulations shall apply in case of an emergency Applicability.

situation in public places or spaces which, in the event of any of the

situations listed hereunder, may require euthanasia on the spot

(a)

profuse

and

continuous

bleeding

(severe

haemorrhage), where the animal would have already lost more

than an estimated 3% of its weight;

(b) serious open wounds which may result in the

prolapse of visceral organs and also where the official

veterinarian or private veterinarian has determined that the

wound is causing severe pain or suffering to the animal;

(c)

orthopaedic/musculoskeletal traumas and lesions

which would be either causing severe pain or suffering or would

not allow the animal to stand in an upright position;

(d) loss of consciousness; the official veterinarian or

private veterinarian must determine whether there is a

temporary loss of consciousness or a permanent loss of

consciousness. In the latter case the breathing rate, pulse rate,

heart rate and temperature must be determined, where possible;

(e)

any other situation where animals can become

uncontrollable and thus represent an increased risk to the health

and safety of humans.

(1) (a) An official veterinarian or private veterinarian Obligations and

called during an emergency shall be obliged to determine the level of responsibilities.

pain and, or suffering of the animal after which the official

veterinarian or private veterinarian may take the decision to euthanize

the animal in order to relieve if from that condition. If the animal is

not in any of the conditions referred to in regulation 3 and can be

moved from the spot, the official veterinarian or private veterinarian

may issue the necessary instructions to move the animal to a safer

place to carry out treatment.

(b) Emergency euthanasia shall be carried out under the

responsibility of the official veterinarian or private veterinarian

without causing the animal unnecessary pain, suffering or distress.

(c)

The official veterinarian or private veterinarian shall

carry out euthanasia in accordance with standard veterinary practices

and take all appropriate actions to safeguard the welfare of animal(s)

in the best available conditions and circumstances.

(d) In the event that an animal is not under control and

is dangerous to the public, the official veterinarian or private

veterinarian may, in consultation with the police, arrange for a

marksman or an officer experienced in the use of firearms to put

down the animal with a free projectile from a standard firearm.

(e)

The official veterinarian or private veterinarian

carrying out euthanasia shall make sure that the animal is clinically

dead before the body is disposed of.

(f)

Disposal of the carcass shall be at the expense and

the responsibility of the owner. The provisions of Council Regulation

(EC) No 1099/2009 of 24 September 2009 on the protection of

animals at the time of killing shall apply with regard to such disposal.

(2) The decision to euthanise an animal by the official

veterinarian shall be final and in no circumstance shall the Ministry

concerned, the Director, or the official veterinarian be held

responsible for any loss by the owner of the animal euthanised by the

official veterinarian.

(3) Whenever both the official veterinarian and the private

veterinarian arrive on the scene of the emergency at the same time,

the private veterinarian shall take over the care and welfare of the

animal.

When an animal is to be euthanised by the official

veterinarian, the owner of the animal shall be liable to a charge of one

hundred and fifty euro (€150) payable to the Director together with

the expenses referred to in regulation 4(1)(f).

Any person who obstructs an official veterinarian or a

private veterinarian in the performance of his functions under these

regulations shall be guilty of an offence and shall be liable to the

penalties referred to in articles 45 and 47 of the Act.

€0.27