TRADE IN EQUIDAE INTENDED FOR COMPETITIONS AND CONDITIONS FOR PARTICIPATION REGULATIONS

SUBSIDIARY LEGISLATION 437.02

TRADE IN EQUIDAE INTENDED FOR

COMPETITIONS AND CONDITIONS FOR

PARTICIPATION REGULATIONS

7th October, 2003

LEGAL NOTICE 280 of 2003, as amended by L.N. 255 of 2010 and 83 of

2025.

(1) The title of these regulations is the Trade in Equidae

intended for Competitions and Conditions for Participation

Regulations.

(2) These regulations lay down the conditions governing trade

in equidae intended for competitions and the conditions governing

their participation therein.

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

provisions found under European Union Council Directive 90/428/

EEC on trade in equidae intended for competitions and laying down

the conditions for participation therein.

(1) For the purposes of these regulations, the definitions set

out in article 2 of Regulation (EU) 2016/1012 of the European

Parliament and of the Council of 8 June 2016 on zootechnical and

genealogical conditions for the breeding, trade in and entry into the

Union of purebred breeding animals, hybrid breeding pigs and the

germinal products thereof and amending Regulation (EU) No 652/

2014, Council Directives 89/608/EEC and 90/425/EEC and repealing

certain acts in the area of animal breeding ("Animal Breeding

Regulation"), as applicable and as in force from time to time shall also

apply.

"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" m eans the Veterinary Services

Authority of Malta as established by the Act.

Furthermore, "competition" means any equestrian competition,

including horse racing, show-jumping, events, dressage, events

reserved for horse-drawn vehicles and showing classes.

"Department" shall have the same meaning as assigned to it in the

Act;

"M em be r St a te " m ea n s a s t at e w h i c h i s a m e m b er o f t h e

European Union;

"Official Controls Regulation" 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);

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

the European Union;

Moreover, "trading partner" in the meaning of article 2 of the

Veterinary Services Act shall mean -

(a) a Member State of the European Community;

(b) a Third country to the European Community.

(2) Without prejudice to the provisions of sub regulation (1),

unless the context otherwise requires, terms used in these regulations

which are not defined herein shall have the same meaning as assigned

to them in the Act.

(1) The rules of competitions may not discriminate

between equidae which are registered in the territory of Malta and

equidae registered in a Member State.

(2) The rules of competitions may not discriminate between

equidae originating in the territory of Malta and equidae

originating in a Member State.

(1) The obligations set out in regulation 3 shall apply in

particular to -

(a) the requirements for entering the competition, in

particular the minimum or maximum requirements;

(b) the judging of the competition;

(c) the prize money or profits which may accrue from the

competition.

(2) However, the obligations referred to in regulation 3 shall

not affect the organisation of

(a) competitions reserved for equidae registered in a

specific stud book for the purpose of permitting the

improvement of the breed;

(b) regional competitions with a view to selecting

equidae; and

(c) historic or traditional events.

If the competent authority intends to avail itself of these

possibilities, it shall make this intention and the justifications

thereof available to other Member States and to the public

beforehand.

For each competition or type of competition, the competent

authority shall be authorised to reserve, through the bodies

officially approved or recognised for such purpose, a certain

percentage of the prize money or profits referred to in sub-

regulation (1)(c) for the safeguard, development and improvement

of breeding.

The percentage may not exceed 20% from the limit set in

1993. The criteria for the distribution of these funds in Malta shall

be made available to the other Member States and to the public.

(3) The general rules for the application of this regulation shall

be adopted in accordance with requisites of the European

Community and in accordance with the procedure laid down in

article 34(e) of the Veterinary Services Act.

(1) The Department shall serve as the coordinating authority

for all the purposes of Commission Decision of 26 March 1992 on the

collection of data concerning competitions for equidae as referred

to in Article 4(2) of Council Directive 90/428/EEC (92/216/EEC),

as in force from time to time.

(2) The Director and the Department are being vested with the

responsibility of fulfilling all the purposes of the Commission Decision

referred to in sub-regulation (1).

(1)Decisions of the Director in terms of these regulations

shall be subject to a right of appeal before the Administrative

Review Tribunal established by article 5(1) of the Administrative

Justice Act.

(2) An appeal in terms of this regulation shall be filed within

twenty (20) days from the service of the Director’s decision

Provided that the Director’s decision shall become

immediately applicable and enforceable and shall remain

applicable throughout the term of appeal until final judgment is

delivered by the Administrative Review Tribunal and shall remain

applicable, unless such decision is overturned by the said Tribunal

or withdrawn by the Director.

(3) The provisions of the Code of Organization and Civil

Procedure regarding the right to appeal shall apply mutatis

mutandis to these regulations.

Without prejudice to any other power or responsibility in

accordance with the law, and to its application in any other manner

in accordance with the law, Part IX of the Act shall also apply

mutatis mutandis to these regulations.

(1) Without prejudice to rule 6, any person who breaches the

provisions of these rules or any obligation in accordance with these

rules or breaches a provision of the Official Controls Regulation or

hinders any person responsible for their implementation, shall on

conviction be liable to the punishments established in the Act.

(2) Without prejudice to the provisions of sub-regulation (1), the

Court may also order any person guilty of an offence to pay for the

expenses incurred by the competent authority and the Director as a

result of the said offence, as well as the revocation of any permit or

certificate issued in accordance with these regulations and the

confiscation, retention destruction or other means of disposal of the

animals involved.