ZOOLOGICAL AND GENEALOGICAL CONDITIONS APPLICABLE TO IMPORTS FROM THIRD COUNTRIES OF ANIMALS, THEIR SEMEN,

OF ANIMALS, THEIR SEMEN, OVA AND EMBRYOS

SUBSIDIARY LEGISLATION 437.14

ZOOLOGICAL AND GENEALOGICAL

CONDITIONS APPLICABLE TO IMPORTS FROM

THIRD COUNTRIES OF ANIMALS, THEIR SEMEN,

OVA AND EMBRYOS REGULATIONS *

7th October, 2003

LEGAL NOTICE 292 of 2003, as amended by Legal Notice 268 of 2010.

(1) The title of these regulations is the Zootechnical and

G e ne a lo g ic a l C o nd it i on s ap p li c a bl e to I m po r ts f r om T h i rd

Countries of Animals, their Semen, Ova and Embryos Regulations.

(2) These regulations lay down the principles relating to the

zootechnical and genealogical conditions applicable to imports

from third countries of animals, semen, ova and embryos which are

covered by European Union Council Directives 77/504/EEC, 88/

661/EEC, 89/361/EEC, 90/427/EEC and 91/174/EEC and by the

European Community decisions implementing these Directives.

(3) These regulations shall apply without prejudice to the

veterinary animal health rules applicable to imports from third

countries of animals, their semen, ova and embryos as referred to in

subregulation (1).

(4)

These regulations shall not affect -

(a) the application of the rules on certain substances

having a hormonal or thyrostatic action or on

betaagonists in stock-farming,

(b) imports of animals, semen, ova and embryos referred

to in subregulation (1) and intended for technical or

scientific experiments carried out under the control of

competent authorities.

(5) Imports of animals, including those not covered by

subregulation (1), referred to in the same subregulation, of ova and

embryos m ay not b e prohibited , restricted or prevented by

zootechnical or genealogical reasons other than those resulting

from these regulations.

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

provisions found under European Union Council Directive 94/28/

EEC laying down the principles relating to the zootechnical and

genealogical conditions applicable to imports from third countries

of animals, their semen, ova and embryos.

(1)

For the purposes of these regulations -

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

''authorities'' means any organisation, stockrearing organisation,

*These Regulations have been repealed by Legal Notice 11 of 2024.

OF ANIMALS, THEIR SEMEN, OVA AND EMBRYOS

breeders’ association, private undertaking or official service which

is recognised in respect of the species and, or breed concerned, for

the purpose of keeping a herd book or register in accordance with

the relevant provisions of European Union Council Directives 77/

504/EEC, 88/661/EEC, 89/361/EEC, 90/427/EEC and 91/174/EEC;

''the Commission'' means the Commission of the European

Union;

''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;

''Member State '' me ans a state which is a m ember of t he

European Union;

''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.

(2)

Furthermore -

(a) the definitions in article 1 of European Union Council

Directives 77/504/EEC, 88/661/EEC and 91/174/EEC

and in article 2 of European Union Council Directives

89/361/EEC and 90/427/EEC shall be respectively

applicable as required;

(b) for the purposes of applying the Customs Combined

Nomenclature, pure-bred horses for breeding shall

mean registered horses, with the exception of geldings.

(1) For the purpose of these regulations, a list of bodies in

respect of the species or races concerned which has been approved

by the competent authority of the third country shall be

communicated to the Commission. The approval of a body shall be

immediately suspended or withdrawn by the competent Authority

of the third country where it no longer complies with the conditions

referred to in subregulation (2)(a), and the Commission shall be

immediately informed thereof.

(2) In order to appear on the list provided for in subregulation

(1), the third country authority must -

(a) comply, in the case of each species and, or each breed,

with the relevant requirements laid down by

zootechnical legislation for authorities approved in the

territory of Malta and in the Member States and in

particular -

(i)

the provisions applicable to entry

and

registration in herd books or registers,

OF ANIMALS, THEIR SEMEN, OVA AND EMBRYOS

(ii) the provisions applicable to the acceptance of

animals for breeding purposes,

(iii) the provisions applicable to the use of semen,

ova and embryos of animals,

(iv) the methods used to check performance and

assess the genetic value thereof;

(b) be surprised by an official inspection service of the

third country,

(c) undertake to enter or register in their herd books or

registers the animals, semen, ova and embryos and the

animals resulting therefrom as referred to in regulation

1(1) which originate in an authority in respect of the

species and, or race concerned and recognised under

Maltese and Member States’ legislation.

(3) The implementing rules resulting from this regulation, and

in particular from subregulation (2)(c), should the occasion arise,

shall be adopted by the procedure laid down in article 34(g) of the

Veterinary Services Act.

To be imported, animals referred to in regulation 1 must -

(a) be entered or registered in a herd book or register kept

by an authority named on a list as referred to in

regulation 3(1),

(b) be accompanied by a pedigree and zootechnical

certificate to be drawn up in accordance with

requirements of the European Community and the

procedure laid down in article 34(g) of the Veterinary

Services Act,

(c) be accompanied by evidence that they are going to be

entered or registered in a territory of Malta or Member

States herd book or register in accordance with

requirements of the European Community and detailed

rules to be established under the procedure laid down

in article 34(g) of the Veterinary Services Act.

To be imported, semen as referred to in regulation 1 must -

(a) come from an animal which is entered or registered in

a herd book or register kept by an authority shown on

one of the lists referred to in regulation 3(1);

(b) come from an animal which has undergone the

performance checks and genetic value assessment to

be determined in accordance with the requirements of

the European Community and the procedure laid down

in article 34(g) of the Veterinary Services Act on the

basis of the principles provided for in this respect by

zootechnical rules;

(c) be accompanied by a pedigree and zootechnical

certificate to be drawn up in accordance with the

requirements of the European Community and the

procedure laid down in article 34(g) of the Veterinary

OF ANIMALS, THEIR SEMEN, OVA AND EMBRYOS

Services Act.

To be imported, ova of the animals referred to in regulation

1 must -

(a) come from an animal which is entered or registered in

a herd book or register kept by an authority shown on

one of the lists referred to in regulation 3(1);

(b) be accompanied by a pedigree and zootechnical

certificate to be drawn up in accordance with the

requirements of the European Community and the

procedure laid down in article 34(g) of the Veterinary

Services Act.

To be imported, the embryos referred to in regulation 1

must -

(a) come from an animal which is entered or registered in

a herd book or register kept by an authority shown on

one of the lists referred to in regulation 3(1);

(b) be accompanied by a pedigree and zootechnical

certificate to be drawn up in accordance with the

requirements of the European Community and the

procedure laid down in article 34(g) of the Veterinary

Services Act.

(1) European Union Council Directive 91/496/EEC shall

be applicable in respect of animals as referred to in regulation 1(1).

(2) European Union Council Directive 97/78/EC shall be

applicable in respect of semen, ova and embryos as referred to in

regulation 1(1).

(3) Specific detailed implementing rules for the purposes of the

zootechnical checks resulting from this regulation shall be adopted,

as and when required, in accordance with the requirements of the

European Community and the procedure laid down in article 34(g)

of the Veterinary Services Act.

(1) The Court may order any person who is found guilty of

committing an offence under these regulations, to pay for the

expenses incurred by the Veterinary Services as a result of the said

offence, the revocation of the permit issued under these regulations

and the confiscation, retention and disposal of the corpus delicti.

(2) Where any serious infringement to the provisions in

regulation 3(2)(a) so warrants, in particular in the light of findings

in relation to on-the-spot checks, measures may be adopted to

suspend the import of animals, semen, ova and embryos in

accordance with the procedure laid down in accordance with article

34(g) of the Act.