Calves (Protection) (Amendment) Regulations, 2023

L.N. 214 of 2023

ANIMAL WELFARE ACT

(CAP. 439)

Calves (Protection) (Amendment) Regulations, 2023

IN EXERCISE of the powers conferred by articles 7(2) and 20(1)

of the Animal Welfare Act, the Minister responsible for veterinary

services has made the following regulations:-

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

(Protection) (Amendment) Regulations, 2023 and these regulations commencement.

shall be read and construed as one with the Calves (Protection) S.L. 439.01.

Regulations, hereinafter referred to as "the principal regulations".

(2) These regulations shall come into force within two (2)

months from their publication in the Gazette.

Sub-regulation (3) of regulation 1 of the principal Amends

regulations shall be substituted by the following new sub-regulation: regulation

the principal

regulations.

"(3) The scope of these regulations is to transpose Council

Directive 2008/119/EC of 18 December 2008 laying down

minimum standards for the protection of calves.".

Regulation 2 of the principal regulations shall be amended Amends

regulation 2 of

as follows

the principal

regulations.

(a)

regulation 2 shall be renumbered as regulation 2(1);

(b) the definition "competent authority" thereof shall be

substituted by the following new definition

" "competent authority" means the

Department of Veterinary Services as defined in

the Veterinary Services Act;";

(c) the definition "the Director" thereof shall be

substituted by the following new definition

" "Director" means the Director for Veterinary

Services as defined in the Veterinary Services Act;";

(d) the definition "final consumer" thereof shall be

substituted by the following new definition

" "final consumer" means any natural or legal person

purchasing animals and animal products subject to trade for

his own personal use and not for resale or transfer

purposes;";

(e) immediately after the definition "the product" there

shall be added the following new definition

" "Regulation (EU) 2017/625 means Regulation (EU)

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

15 March 2017 on official controls and other official

activities performed to ensure the application of food and

feed law, rules on animal health and welfare, plant health

and plant protection products, amending Regulations (EC)

No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC)

No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014,

(EU) 2016/429 and (EU) 2016/2031 of the European

Parliament and of the Council, Council Regulations (EC)

No 1/2005 and (EC) No 1099/2009 and Council Directives

98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and

2008/120/EC, and repealing Regulations (EC) No 854/2004

and (EC) No 882/2004 of the European Parliament and of

the Council, Council Directives 89/608/EEC, 89/662/EEC,

90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/

EC and Council Decision 92/438/EEC (Official Controls

Regulation);"; and

(f)

immediately after the definition "trading partner"

there shall be added the following new sub-regulation

"(2) Without prejudice to the provisions of sub-

regulation (1), terms and expressions used in these

regulations which are not defined herein, shall unless the

context otherwise requires, have the same meaning as

assigned to them in the Act.".

Regulation 3 of the principal regulations shall be amended

as follows

(a) paragraph (a) of sub-regulation (1) thereof shall be

substituted by the following new paragraph

"(a) no calf shall be confined in an individual pen

after the age of eight (8) weeks, unless a veterinarian

certifies that the health or behaviour of the animal requires

it to be isolated in order to receive treatment

Provided that the width of any individual pen

for a calf shall be at least equal to the height of the calf at

the withers, measured when the calf is in standing position,

and the length shall be at least equal to the body length of

the calf itself, measured from the tip of the nose to the

caudal edge of the tuber ischii (pin bone), multiplied by

one point one (1.1)

Provided further that the individual pens for

calves, except those for isolating sick animals, shall not

have solid walls, but perforated walls which allow the

calves to have direct visual and tactile contact

Provided further that this paragraph shall not

apply to holdings with fewer than six (6) calves and calves

kept with their mothers for suckling;";

(b)

sub-regulations (2) and (3) thereof shall be deleted;

(c) sub-regulation (6) thereof shall be substituted by the

following new sub-regulation

"(6) These measures shall include the direct

confiscation of the product, the suspension of the activities

carried out by the owner or keeper of the animals, being

primarily responsible for animal welfare, and the

withdrawal, forfeiture or suspension of the authorisation,

licence or permit with regard to such activities when these

are creating a risk to the final consumer and to the

environment

Provided that the Director may not return to the

owners and keepers the product confiscated or in any way

removed and may dispose of the product as the Director

may deem fit

Provided further that any expenses related to

the confiscation and disposal of the product shall be borne

by the offendor in their entirety.".

Regulation 5 of the principal regulations shall be deleted.

Deletes

regulation 5 of

the principal

regulations.

Regulation 6 of the principal regulations shall be Substitutes

regulation 6 of

the principal

regulations.

substituted by the following new regulation

6. In the territory of Malta, inspections and

reporting are to be carried out in accordance with the

provisions of Regulation (EU) 2017/625.".

Regulation 8 of the principal regulations shall be substituted

by the following new regulation

Commission experts from the European

Commission may carry out on-the-spot inspections in

co-operation with the Veterinary Services. The persons

carrying out these inspections shall implement the

special personal hygiene measures necessary to

exclude any risk of transmission of disease. The

Veterinary Services shall give all necessary assistance

to the experts in carrying out their duties. In particular,

the same type of access given to officials of the

competent authority shall be given to all concerned

persons, as well as information, documentation and

access to places, establishments, installations and

means of transport in order for the inspections to be

carried out. The Veterinary Services shall take any

measures deemed necessary to take account of the

results of the inspections. With regard to relations with

third countries, the provisions of Regulation (EU)

2017/625 shall apply.".

8. Immediately after sub-regulation (3) of regulation 9 of the

principal regulations there shall be added the following new sub-

"(4) The provisions of article 47 of the Act shall apply

whenever the Director has reasonable cause to believe that an

offence against these regulations has been committed.".

€0.36