AFRICAN HORSE SICKNESS (CONTROL RULES AND MEASURES) RULES *

SUBSIDIARY LEGISLATION 437.105

AFRICAN HORSE SICKNESS (CONTROL

RULES AND MEASURES) RULES *

9th November, 2012

LEGAL NOTICE 385 of 2012.

(1) The title of these rules is the African Horse Sickness

(Control Rules and Measures) Rules.

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

92/35/EEC establishing control rules and measures to combat

African horse sickness. Furthermore, these rules are intended to

harmonise effective control measures to eradicate such disease for

the purpose of intra-Community trade and imports of equidae from

third countries, and should be read without prejudice to the Animal

Health Conditions governing the Movement and Import from Third

Countries of Equidae Rules, transposing European Union Council

Directive 90/426/EEC on animal health conditions governing the

movement and import from third countries of equidae.

A. NATIONAL REFERENCE LABORATORY FOR

AFRICAN HORSE SICKNESS

The National Reference Laboratory for African Horse Sickness in Malta is the

National Veterinary Laboratory situated in Abattoir Street, Albertown, Marsa.

B. FUNCTIONS AND DUTIES OF THE NATIONAL REFERENCE

LABORATORY FOR AFRICAN HORSE SICKNESS

The National Reference Laboratory for African Horse Sickness sh all be

responsible for coordinating the standards and diagnostic methods prescribed by the

Community Reference Laboratory, for the use of reagents and for the testing of

vaccines. To this end, such National Reference Laboratory

(a) may provide diagnostic reagents to the Community Reference

Laboratory, when the latter so requests;

(b) shall control the quality of all diagnostic reagents used in Malta;

(c) shall arrange comparative tests periodically;

(d) shall hold isolates of African Horse Sickness virus from cases

confirmed in Malta;

(e) shall ensure the confirmation of positive results obtained.

(1) Unless otherwise provided in these rules, the

definitions prescribed in the Act and those contained in the Animal

Health Conditions governing the Movement and Import from Third

Countries of Equidae Rules shall mutatis mutandis apply, unless

they are inconsistent with these rules.

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

otherwise requires

"the Act" means the Veterinary Services Act;

"African horse sickness (AHS)" means a highly infectious and

deadly disease, which commonly affects horses, mules, donkeys

and zebras, and which is not directly contagious, but is known to be

spread by insect species;

"census" means an official count of animal population carried out

at set intervals commonly known as animal disease surveillance

prevention and control system in animal population carried out by

(a) collecting complete information including updated

records of livestock production data, disease registries,

specific reports and disease notification systems;

(b) obtaining a good knowledge of livestock production

data, including livestock population, which is

important for assessing the status of national, regional

and continental food security; and

(c) providing guidelines on identification and traceability

of live animals for the direct or indirect benefit of such

data; such methodology facilitates the competent

*These rules have been repealed by Legal Notice 77 of 2025.

authority to carry out its mandates and responsibilities

with regard to animal health.

The purpose of the census also aids the competent authority to

plan properly on how to combat animal diseases affecting equidae

in Malta in order to tackle the disease;

"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 of Veterinary

Services in Malta as established by article 2 of the Act;

" c o n f i r m a t i o n " m e a n s t h e d e c la r a t i o n , b y t h e c o m p e t e n t

authority, of the presence of African horse sickness, based on

laboratory results, which disease however, in the event of an

epidemic, the competent authority may also confirm on the basis of

clinical and, or epidemiological results;

"crisis centre" means an animal disease crisis management centre

or a facility which provides animal disease analysis and

information, and which deploys or sets up international resources

to prevent and contain dangerous animal diseases. Such centre aims

at

(a) strengthening of disease intelligence and emergency

preparedness;

(b) supporting broad

awareness

creation

and

risk

communication;

(c) analyzing the social and economic consequences of

both the disease and its control;

(d) strengthening

field

surveillance,

laboratory

capabilities, global surveillance and early warning

capabilities;

(e) advising the government and building capacities on

disease

surveillance

prevention

and

control

programmes;

"the Director" means the Director General responsible for

veterinary services or any veterinarian officer nominated by him;

"epidemic inquiry" means an inquiry carried out in relation to an

epidemic outbreak of disease in an animal population, often with

the implication that it may extend to humans, and which primarily

affects livestock and can cause disease in a large number of

domestic animals and among humans who are exposed to diseased

animals;

"equidae" means wild or domesticated animals of the equine or

asinine species, (including zebras) or the offspring of crossings of

such species;

"holding" means an agricultural or training establishment, a

stable, or any premises or facilities in which equidae are habitually

kept or bred, for whatever use, and natural reserves in which

equidae live in freedom;

"importation" means the transfer of animals and their products

from a third country to a Member State;

"intra-Community trade" means trade between Member States in

animals and their products, a business or occupation to make profit

or gain, particularly in retail or wholesale sales and includes

dealings in a particular business activity;

"M e m b e r St a t e" m e an s a s t a t e w h i c h i s a m e m b e r o f t h e

European Union;

"Member State of destination" means such Member State to

which

(a) for the purpose of intra-Community trade, equidae are

transported either directly from another Member State,

or from another Member State after being imported

from a third country;

(b) for the purpose of importation, equidae are transported

directly from a third country;

"official veterinarian" means the veterinarian designated by the

competent authority of Malta or any person summoned to act on his

behalf, or the veterinarian nominated by the competent authority of

another Member State or of a third country;

"owner or keeper" means any natural or legal person having

ownership of the equidae or charged with their keep, whether for

financial remuneration or not;

"person" means any natural or legal person;

"Scientific Veterinary Committee" means a committee within the

Commission which monitors matters of a scientific nature and

whose aim and scope is inter alia to

(a) protect and raise the health status and condition of

animals in the Community, in particular food-

producing animals, while promoting intra-Community

trade and imports of animals and animal products in

accordance with the appropriate health and

zootechnical standards’ improvement and technology

of animal husbandry and international obligations;

(b) analyse scientific and technical questions concerning

all aspects of animal health, hygiene, and animal

diseases;

"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

t he p r o d u c t w h i c h a r r i v e s t o t h e f i n a l c o ns u m e r, t h e r e f o r e

significantly enhancing its ability to target risks to health wherever

they arise in the production of food;

"third country" means a state which is not a member of the

European Union;

" t h e Tr e a t y " m e a n s t h e Tr e a t y o n t h e E u r o p e a n U n i o n

establishing the European Community as amended by the Lisbon

Treaty of 2007, and as may be subsequently amended;

"vector" means a disease-transmitting organism which for the

purpose of African horse sickness is known to be an insect of the

Culicoides imicola species or any other Culicoides insect liable to

transmit African horse sickness, identifiable under the procedure

provided in the definition "Standing Committee on the Food Chain

and Animal Health" in rule 2(2), following the opinion of the

Scientific Veterinary Committee.

A. COMMUNITY REFERENCE LABORATORY

The Community Reference Laboratory for African Horse Sickness is

Laboratorio de sanidad y producción animal,

Ministerio de Agricultura, Pesca y Alimentación,

28110 Algete,

Madrid - España.

B. THE FUNCTIONS AND DUTIES OF THE COMMUNITY REFERENCE

LABORATORY FOR AFRICAN HORSE SICKNESS

The Community reference laboratory has the following functions and duties

1. to coordinate, in consultation with the Commission, the methods employed

in the Member States for diagnosing African Horse Sickness, specifically by

(a) typing, storing and supplying strains of African Horse Sickness virus

for serological tests and the preparation of antiserum;

(b) supplying standard sera and other reference reagents to the national

reference laboratories in order to standardize the tests and reagents used

in each Member State;

(c) building up and maintaining a collection of African Horse Sickness

virus strains and isolates;

(d) organizing periodical comparative tests of diagnostic procedures at

Community level;

(e) collecting and collating data and information on the methods of

diagnosis used and the results of tests carried out in the Community;

(f)

characterizing isolates of African Horse Sickness by the most up-to-date

methods available to allow greater understanding of the epizootiology

of African Horse Sickness;

(g) monitoring developments in African Horse Sickness surveillance,

epizootiology and prevention throughout the world.

2. To assist actively in the diagnosis of African Horse Sickness outbreaks in

Member States by receiving virus isolates for confirmatory diagnosis,

characterization and epizootiological studies.

3. To facilitate the training or retraining of experts in laboratory diagnosis with

a view to the harmonization of techniques throughout the Community.

4. To carry out a mutual and reciprocal exchange of information with the world

laboratory for African Horse Sickness designated by the International Office of

Epizootics (IOE), in particular with regard to developments in the world situation

concerning African Horse Sickness.

(1) The provisions of these rules apply in particular to the

following criteria

(a) to liberalize the movement of equidae in the

Community both for the purpose of intra-Community

trade between Member States and imports from third

countries while introducing Community measures to

harmonize rules for controlling the disease and create

measures, including the carrying out of a detailed

epizootiological enquiry, to combat African horse

sickness;

(b) to make it possible to ensure rational development of

the farming sector and contribute to the protection of

animal health in Malta when it is the Member State of

destination;

(c) to eliminate as far as possible an outbreak of such

disease which may quickly assume epizootic

proportions, causing mortality and disturbance which

may severely reduce the profitability of livestock

production;

(d) to prevent the spread of African horse sickness where

the movement of animals is liable to transmit the

infection and which shall be strictly controlled, and

insects shall be eradicated from infected holdings;

(e) to specify rules governing conditions under which

vaccination against African horse sickness may be

carried out and to ensure that such conditions are being

complied with;

(f)

to ensure more effective control of the disease by

taking all necessary actions in order to establish

protection and surveillance zones.

(2) The competent authority shall apply all such necessary

administrative measures conforming to the requirements of the

Stand ing Com mi ttee of t he F ood Chain and Anim al H ealth

according to the requirements of these rules, to ensure that there is

no breach thereof, and also to reduce the risk for final consumers

and any additional risk to animals and to the environment.

(3) These measures shall include the direct confiscation of the

product, the suspension of the activities carried out by the

authorised provide r when these are creat in g a risk t o fi nal

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.

CRITERIA FOR CONTINGENCY PLANS

Contingency plans shall meet at least the following criteria

1. the establishment of a crisis centre on a national level, which shall

coordinate all control measures in Malta;

2. a list shall be provided of local disease control centres with adequate

facilities to coordinate the disease control measures at a local level;

3. detailed information shall be given about the staff involved in control

measures, their skills and their responsibilities;

4. each local disease control centre must be able to contact rapidly persons or

organizations which are directly or indirectly involved in an outbreak;

5. equipment and materials shall be available to carry out the disease control

measures properly;

6. detailed instructions shall be provided on action to be taken, including

means of disposal of carcases, on suspicion and confirmation of infection or

contamination;

7. training programmes shall be established to maintain and develop skills in

the field and to develop administrative procedures;

8. diagnostic laboratories shall have facilities for post-mortem examination,

the necessary capacity for serology, histology, etc., and shall maintain the skills for

rapid diagnosis (to that end arrangements should be made for rapid transportation of

samples);

9. details on the quantity of African Horse Sickness vaccine estimated to be

required in the event of a reinstatement of emergency vaccination, shall be provided;

10. provisions shall be made, to ensure the legal powers necessary for the

implementation of the contingency plans.

(1) Where a holding contains one or more equidae

suspected of being infected with African horse sickness, the

competent authority shall ensure that the official veterinarian sets

out immediately official means of investigation to confirm or rule

out the presence of the said sickness.

(2) From the moment when the suspected infection is notified,

the official veterinarian shall

(a) have the suspect holding(s) placed under official

surveillance;

(b) initiate

(i)

an official census of the species of equidae,

stating in the case of each species the number of

equidae already dead, infected or liable to be

infected, and the updating of that census to take

account of equidae born or dying during the

period of suspicion; the information in the

census shall be produced on request and may be

checked at each inspection;

(ii) a census of places likely to facilitate the survival

of the vector or its accommodation and the use

of appropriate means of eradicating insects in

such places;

(iii) an epizootiological inquiry in accordance with

rule 6;

(c) regularly visit the holding(s), whereby he shall

(i) examine each equidae kept there;

(ii) carry out a detailed clinical examination or an

autopsy on the suspect or dead animals and take

the

samples

necessary

for

laboratory

examinations;

(d) ensure that

(i)

all equidae on the holding(s) are kept in their

living quarters or in other places protected

against the vector;

(ii) all movement of equidae to or from the

holding(s) is prohibited;

(iii) appropriate means of eradicating insects are

employed around and in the buildings housing

the equidae;

(iv)

the carcasses of equidae which have died on the

holding are destroyed, disposed of, or burnt in

accordance with the provisions of Council

Regulation EC 1069/2009 laying down Health

Rules as regards Animal Byproducts and

Derived Products not Intended for Human

Consumption and Repealing Regulation EC

1774/2002 (Animal by-products Regulation),

which provisions shall be read without prejudice

to the Waste Regulations.

(3) Pending the introduction of the official measures referred to

in sub-rule (2), the owner or keeper of any animals suspected of

having the disease shall take all the necessary precautionary actions

to ensure compliance with sub-rule (2)(d).

(4) The competent authority may apply any of the measures

provided for in sub-rule (2) to other holdings should their location,

their geographical situation or contacts with the holding where the

disease is suspected give reason to suspect possible contamination.

(5) Without prejudice to the provisions set out in sub-rule (2),

specific provisions for nature reserves in which equidae live in

freedom may be prescribed in accordance with the procedure

provided in the definition "Standing Committee on the Food Chain

and Animal Health" in rule 2(2).

(6) The measures covered by this rule shall be officially

discontinued only when the competent authority no longer suspects

the presence of African horse sickness.

(1) Vaccination against African horse sickness may be

practiced solely in accordance with the provisions provided in these

rules.

(2) Where the presence of African horse sickness is officially

confirmed, the official veterinarian shall

(a) proceed immediately with the killing under official

control of any equidae on the infected holding, which

are infected or present clinical symptoms of African

horse sickness;

(b) coordinate and monitor the destruction, disposal,

burning or burial of the carcases of the aforesaid

equidae in accordance with Directive 90/667/EEC;

and, or

(c) extend the measures prescribed in rule 4 to holdings

situated within a 20 km radius (included in the

protection zone) around the infected holding(s);

(d) proceed, in the protected zone mentioned in paragraph

(c), with the systematic vaccination of all equidae

using a vaccine authorized by the competent authority,

and shall identify them by a clear, indelible mark

applied by an approved method in accordance with the

procedure provided in the definition "Standing

Committee on the Food Chain and Animal Health" in

rule 2(2). However, on the basis of the

epizootiological, meteorological, geographical or

climatological

circumstances,

the

vaccination

requirements may be waived by the competent

authority. The competent authority shall inform the

Commission thereof;

(e) carry out an epizootiological enquiry in accordance

with rule 6.

(3) The competent authority may extend the measures provided

for in sub-rule (2), beyond the protected zone referred to in

paragraph (c) thereof if, on account of the geographical, ecological

or meteorological situation or of movements to or from the holding

where the disease has been confirmed, there are grounds for

suspecting an extension of African horse sickness, and shall inform

the Commission accordingly.

(4) Where the zone referred to in sub-rule (2) is situated in

other Member States the competent authority shall collaborate with

other Member States in defining such zone. If necessary, the zone

shall be defined in accordance with the procedure provided in the

definition "Standing Committee on the Food Chain and Animal

Health" in rule 2(2).

(1)

The epizootiological inquiry shall cover

(a) the length of time during which African horse sickness

may have existed on the holding;

(b) the possible origin of the African horse sickness on the

holding and the identification of other holdings on

which there are equidae which may have become

infected or contaminated from the same source;

(c) the presence and distribution of disease vectors;

(d) the movement of equidae to or from the holdings

concerned or any carcases of equidae removed from

them.

(2) In order to provide full coordination of all measures

necessary to ensure eradication of African horse sickness as

quickly as possible and for the purpose of carrying out the

epizootiological inquiry, a crisis centre shall be established.

(1) The competent authority shall ensure that, in addition

to the measures referred to in rule 5, it establishes a protection zone

and a surveillance zone. The establishment of the zones shall take

account of the geographical, administrative, ecological and

epizootiological factors in relation to African horse sickness and of

the control structures.

(2) The protection zone shall consist of a part of the territory of

Malta with a radius of at least 100 km around the entire infected

holding and the surveillance zone shall consist of a part of the

territory of Malta extending at least 50 km beyond the protection

zone, in which no systematic vaccination has been carried out in

the last twelve months.

(3) Where such zones are situated in other Member States, the

competent authority shall collaborate with such other Member

States in order to define the zones referred to in sub-rule (2).

However, if necessary, the protection zone and the surveillance

zone shall be defined in accordance with the procedure provided in

the definition "Standing Committee on the Food Chain and Animal

Health" in rule 2(2). At the request of the competent authority,

which request shall be duly substantiated, a decision may be taken

in accordance with the procedure provided in the definition

"Standing Committee on the Food Chain and Animal Health" in

rule 2(2), with a view to amend the demarcation of the zones

defined in sub-rule (2), taking into account

(a) their geographical situation and ecological factors;

(b) the meteorological conditions;

(c) the presence and distribution of the vector;

(d) the results of the epizootiological studies carried out in

accordance with rule 6;

(e) the results of the laboratory examinations;

(f)

the application of the control measures, in particular

the insect eradication measures.

(1) The competent authority shall ensure that the following

measures are applied in the protection zone

(a) all holdings containing equidae within the zone are

identified;

(b) the official veterinarian conducts

(i)

periodic visits to all holdings containing

equidae,

(ii) a clinical examination of the said equidae

including, if necessary, the collection of samples

for laboratory examination; a record of visits

and findings shall be kept;

(c) equidae leave the holding on which they are kept only

for transport directly under official supervision for

immediate slaughter to a slaughterhouse located in that

zone or, if that zone has no slaughterhouse, to a

slaughterhouse in the surveillance zone designated by

the competent authority.

(2) In addition to the measures provided for in sub-rule (1), a

decision to carry out systematic vaccination of equidae against

African horse sickness and to identify them in the protection zone,

may be taken under the procedure provided in the definition

"Standing Committee on the Food Chain and Animal Health" in

rule 2(2).

The competent authority shall ensure that

(a) the measures provided for in rule 8(1) apply in the

surveillance zone. However, if the surveillance zone

has no slaughterhouse, the equidae may be slaughtered

in the protection zone in a slaughterhouse designated

by the competent authority;

(b) all vaccination against African horse sickness shall be

prohibited in the surveillance zone.

(1) The period of application and maintenance of the

measures provided for in rules 5, 7, 8 and 9 shall be determined

according to the procedure provided in the definition "Standing

Committee on the Food Chain and Animal Health" in rule 2(2). The

period may in no case be less than twelve months where

vaccination has been carried out in accordance with rules 5(2) and

8(2).

(2) However, notwithstanding rules 8(1)(c) and 9(a), equidae

from the protection zone and from the surveillance zone may be

transported under official supervision and under the conditions

prescribed in regulation 5(3)(iv) of the Animal Health Conditions

governing the Movement and Import from Third Countries of

Equidae Rules, to the quarantine station referred to in regulation

5(3)(iv) of those regulations and movements of equidae within

zones of the same status shall be subject to authorization from the

competent authority on the basis of the following rules

(a) equidae shall

(i)

undergo a prior official check;

(ii) require identification in accordance with

Commission

Regulation

EC504/2008

implementing Council Directives 90/426/EEC

and 90/427/EEC as regards methods for the

identification of equidae and which finds its

legal basis in the Trade with Member States in

Equidae (Zootechnical and Genealogical

Conditions) Regulations and the Animal Health

Conditions governing the Movement and Import

from Third Countries of Equidae Rules; and

(iii) be accompanied by an official document;

(b) the competent authority shall ensure, in all events, that

equidae vaccinated less than sixty days previously

cannot leave the holding on which they were at the

time the vaccination was carried out;

(c) the competent authority shall inform the Commission

on measures taken in this field.

Where the African horse sickness epizootic is

exceptionally serious in a particular region, any additional

measures to be taken by the competent authority shall be adopted in

accordance with the procedure provided in the definition "Standing

Committee on the Food Chain and Animal Health" in rule 2(2).

The competent authority shall take all necessary and

appropriate measures for all persons established in the protection

and surveillance zones to be fully informed of the restrictions in

force and to take the steps necessary for the appropriate

implementation of the measures in question.

(1) The competent authority shall designate a National

Reference Laboratory as specified in Schedule I(A) to carry out the

laboratory examinations provided for in these rules, and shall make

the details of that laboratory, and any subsequent changes thereto,

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

rules for the uniform application of this sub-rule shall be adopted in

accordance with the procedure provided in the definition "Standing

Committee on the Food Chain and Animal Health" in rule 2(2).

(2) The functions and duties of the National Reference

Laboratory designated in accordance with sub-rule (1) are set out in

Schedule I(B).

(3) The National Reference Laboratory designated in

accordance with sub-rule (1) shall liaise with the Community

Reference Laboratory specified in Schedule II(A).

(1) Experts from the Commission may, in so far as is

necessary for the uniform application of these rules and in

cooperation with the competent authority, make on-site checks. To

this end they may, by inspecting a representative percentage of

holdings, verify whether the competent authority is monitoring

compliance with the provisions of these rules.

(2) When an inspection referred to in sub-rule (1) is being

carried out, the competent authority shall give all necessary

assistance to the experts in carrying out their duties. The general

rules for implementing this rule shall be adopted in accordance

with the procedure provided in the definition "Standing Committee

on the Food Chain and Animal Health" in rule 2(2).

(1) The competent authority shall draw up a contingency

plan, specifying how it shall implement the measures prescribed in

these rules. This plan shall allow access to facilities, equipment,

personnel and all other appropriate materials necessary for the

rapid and efficient eradication of the disease.

(2) The criteria to be applied for drawing up the plans referred

to in sub-rule (1) are established in Schedule III. The plans may

subsequently be amended or supplemented in accordance with the

same procedure to take account of developments in the situation.

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

guilty of an offence in terms of the Act and the provisions and

measures of rule 3(2) and (3) 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(2)

and (3) shall be given to the competent authority without prejudice

to other criminal procedures which may be taken under the Act or

any other law when a person commits an offence by failing to abide

by these rules.

AFRICAN HORSE SICKNESS

(CONTROL RULES AND MEASURES)