TRADE WITH MEMBER STATES IN EQUIDAE (ZOOTECHNICAL AND GENEALOGICAL CONDITIONS) REGULATIONS *

SUBSIDIARY LEGISLATION 437.11

TRADE WITH MEMBER STATES IN EQUIDAE

(ZOOTECHNICAL AND GENEALOGICAL

CONDITIONS) REGULATIONS *

4th May, 2010

LEGAL NOTICE 259 of 2010.

(1) The title of these regulations is the Trade with Member

States in Equidae (Zootechnical and Genealogical Conditions)

Regulations.

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

provisions found under European Union Council Directive 90/427/

EEC on the zootechnical and genealogical conditions governing

trade with Member States in equidae. These regulations lay down

the zootechnical and genealogical conditions governing trade with

Member States in equidae, their semen, ova and embryos.

Regulation 8(a)

Minimum information in the identification document

(1)

Identification No

(2)

Name

(3)

Sex

(4)

Colour

(5)

Breed

(6)

by

(7)

and

(8)

Date of foaling

(9)

Place where bred

(10) Name of the competent authority

(11) Address

(12) Breeder(s)

(13) Telephone number

(14) Origin certificate validated on

(15) by

(16) Telecopy number

(17) Signature (Name in capital letters and capacity of signatory)

(18) Stamp

(19) taken by

On

Body

(20) Description with dam Markings

Head

Ant. G

Foreleg L

Ant. D

Foreleg R

Post. G

Hindleg L

Post. D

Hindleg R

(21) District

(22) Signature and stamp of qualified veterinary surgeon (or competent

authority) (in capital letters)

(1) Unless otherwise stated in these regulations, the

definitions in the Act shall continue to apply.

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

otherwise requires

''the Act'' means the Veterinary Services Act;

''the Community'' means the European Community as established

under the Treaty establishing the European Community;

''the competent authority'' means the Veterinary Services

Authority of Malta as established by the Act;

''equidae'' means domestic animals of the equine or asinine

species or crossbreeds thereof;

''Me m ber State'' means a s tate whic h is a m ember of the

European Union;

''Member State of dispatch'' shall have the same meaning as

under the Animal Health Conditions governing the Movement and

Import from Third Countries of Equidae Rules;

''registered equidae'' means equidae which are entered or

registered and eligible for entry in a stud book, in accordance with

the rules laid down pursuant to regulation 4(2)(b) and identified by

means of the identification document provided for in regulation

8(a);

''stud book'' means any book, register, file or data medium

(a) which is maintained either by an organisation or an

association officially approved or recognised by Malta

or a Member State or by an official agency of Malta or

Member State concerned; and

*These Regulations have been repealed by Legal Notice 11 of 2024.

(b) in which equidae are entered or registered, with

mention of all their known ascendants;

''third country'' means a country which is not a member state of

the European Union;

''trade'' means trade between Member States or between a third

country and a Member State in animals and their products, a

business or occupation to make profit or gain, particularly in

wholesale or retail sales and includes dealings in a particular

business activity.

Trade with Member States in equidae and their semen, ova

and embryos may not be prohibited or restricted on zootechnical or

genealogical grounds unless it is inconsistent with these

regulations. In the case of intra-Community trade in registered

equidae, their semen, ova and embryos, national provisions in

accordance with the general rules concerning any procedures

relating to intra-Comm unity trade inter alia procedures on

veterinary checks between Member States, shall be maintained

pending the entry into force of the relevant European Community

requirements referred to in regulations 4 and 8.

(1) The following principles shall be taken into account

when the rules referred to in sub-regulation (2) are adopted

(a) the recognition or approval of organisations and

associations which maintain or establish studbooks

shall be subject to compliance with the principles laid

down by the organisation or association which

maintains the studbook of the origin of the breed; and

(b) the criteria for entry and registration in studbooks

shall be laid down on the basis of the characteristics of

the breed and in particular for certain pure breeds for

the purpose of regulating the entry and registration of

equidae produced using artificial reproduction

methods.

(2) There shall be established in accordance with the

requirements of the European Community, under the procedure laid

down in article 34(d) of the Act and in accordance with the

principles set out in sub-regulation (1)

(a) the criteria for the approval or recognition of

organisations and associations which maintain or

establish studbooks;

(b) the criteria for entry and registration in studbooks;

(c) if necessary, the criteria and methods used to identify

registered equidae;

(d) the criteria for drawing up the certificate of origin and

the identification document referred to in regulation 8;

and

(e) if necessary, rules to ensure co-ordination between the

organisations or associations referred to in regulation

5. The competent authority shall draw up and keep up to date

the list of bodies maintaining or establishing stud books as referred

to in paragraph (b) of the definition ''stud book'' in regulation 2(2),

which are approved or recognised on the basis of the criteria

determined in accordance with regulation 4(2)(a) and make it

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

rules for the uniform application of this regulation maybe adopted

in accordance with the procedure referred to in regulation 8.

(1) In trade with Member States, equidae which are

registered in the Member States of dispatch shall, except where a

derogation has been agreed by common accord between the two

organisations or associations concerned, be registered or entered in

the appropriate studbook of Malta when arriving at destination

under the same name, with an indication, in accordance with

international agreements, of any initial of the country of foaling.

(2) Where the constitution of the organisations or associations

so permits, the original name of the animal may be preceded or

followed by another name on a provisional or permanent basis,

provided that throughout the animal’s life the original name is

retained in brackets and that the country of birth is indicated by

means of initial recognised by international agreements.

Alternative measures may be taken to safeguard the continued

identity of the animal in accordance with the requirements of the

European Community and in accordance with any procedures laid

down in terms of article 34(d) of the Act.

In compliance with the principles laid down in regulation

4(1), the following may be d etermine d i n ac cordance w ith

requirements of the European Community and in accordance with

any procedures laid down in terms of article 34(d) of the Act

(a) the methods of monitoring performance and assessing

the genetic value of breeding animals; and

(b) on the basis of the methods referred to in paragraph

(a), the general criteria for the approval of a male

breeding animal or, if appropriate, of a female

breeding animal for the purposes of breeding and

using their semen, ova or embryos.

The competent authority shall ensure that

(a) in their movements, registered equidae are

accompanied by an identification document drawn up

in accordance with the requirements of the European

Community and in accordance with any procedures

laid down in terms of article 34(d) of the Act and

issued by the organisations or associations referred to

in regulation 5 and as referred to in the definition

''registered equidae'' in regulation 2(2) under the

Animal Health Conditions governing the Movement

and Import from Third Countries of Equidae Rules.

The identification document, to be drawn up in Malta’s

and Member States’ languages for registered horses,

shall include at least the information indicated in the

Schedule. Such information may be supplemented or

amended in accordance with the requirements of the

European Community and in accordance with any

procedures laid down in terms of article 34(d) of the

Act;

(b) when they are marketed, the semen, ova and embryos

of registered equidae are accompanied by a

zootechnical certificate of origin and identification

issued by the competent authority at least in the

language of the country of destination and conforming

to a model to be drawn up in accordance with

requirements of the European Community and in

accordance with any procedures laid down in terms of

article 34(d) of the Act.

Pending implementation of relevant European Community

rules, the conditions applicable to imports of equidae and their

semen, ova and embryos from third countries must not be more

favourable than those governing intra-Community trade between

Member States of the European Union.

(1) Any person who fails to abide by these regulations

shall be guilty of an offence in terms of the Act and the application

of an administrative penalty in terms of article 61 of the Act shall

apply to the offender.

(2) Any right given to the competent authority under these

regulations to apply all such necessary measures in terms of article

61 of the Act, shall be given to the 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 regulations.

TRADE WITH MEMBER STATES IN EQUIDAE

(ZOOTECHNICAL AND GENEALOGICAL CONDITIONS)