related Operations (Implementing) Regulations, 2023

L.N. 143 of 2023

ANIMAL WELFARE ACT

(CAP. 439)

Protection of Animals during Transport and

related Operations (Implementing) Regulations, 2023

IN EXERCISE of the powers conferred by article 22 of the

Animal Welfare Act, the Minister responsible for veterinary services

has made the following regulations:-

(1) The title of these regulations is the Protection of Citation and

Animals during Transport and related Operations (Implementing) scope.

Regulations, 2023.

(2) These regulations implement the requirements of Council

Regulation (EC) No 1/2005 of 22 December 2004 on the protection of

animals during transport and related operations and amending

Directives 64/432/EEC and 93/119/EC and Regulation (EC) No 1255/

97.

(1)

In these regulations, unless the context otherwise Interpretation.

requires

"Act" means the Animal Welfare Act;

"competent authority" means the competent authority in

accordance with the meaning of Article 3(3) of Regulation (EU)

2017/625 of the European Parliament and the Council for the

territory of Malta;

"Council Regulation (EC) No 1/2005" means Council

Regulation (EC) No 1/2005 of 22 December 2004 on the

protection of animals during transport and related operations and

amending Directives 64/432/EEC and 93/119/EC and Regulation

(EC) No 1255/97.

(2) For the purposes of these regulations, unless the context

otherwise requires, the definitions of the Act and those of Council

Regulation (EC) No 1/2005 shall apply.

The Veterinary Services shall be the competent authority Designation of

competent

for the purposes of Council Regulation (EC) No 1/2005.

authority.

Where the Director Veterinary Services has reasonable Offences and

cause to believe that an offence against these regulations or Council punishments.

Regulation (EC) No 1/2005 has been committed, he can

(a) subject to the provisions of these regulations and of

the Act, institute proceedings before the competent court against

a person who infringes any of the provisions arising from these

regulations. The person shall, on conviction, be liable to a fine

(multa) of not less than eleven thousand and six hundred and

forty-six euro and eighty-seven cents (€11,646.87) and not

exceeding thirty-four thousand and nine hundred and forty euro

and sixty cents (€34,940.60). The Court may also order any

person who is found guilty of committing an offence against

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 in accordance with these regulations and the

confiscation, retention and disposal of the corpus delicti; or

(b) apply the provisions of article 47 of the Act.

(1)

The following regulations are hereby repealed

(a) Carriage of Livestock (Road Vehicle Standards for

Journeys exceeding Eight Hours) Regulations; and

(b)

Animals Transport (Protection) Regulations.

(2) Any act, decision or action taken before the coming into

force of these regulations shall continue to be regulated by the

provisions of the regulations listed in sub-regulation (1) as in force

prior to the coming into force of these regulations.

€0.18