VETERINARY AND ZOOTECHNICAL CHECKS APPLICABLE IN TRADE WITH MEMBER STATES IN CERTAIN LIVE ANIMALS AND PRODUCTS

IN CERTAIN LIVE ANIMALS AND PRODUCTS

SUBSIDIARY LEGISLATION 437.38

VETERINARY AND ZOOTECHNICAL CHECKS

APPLICABLE IN TRADE WITH MEMBER STATES

IN CERTAIN LIVE ANIMALS AND PRODUCTS

REGULATIONS

18th November, 2003

LEGAL NOTICE 353 of 2003.

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

Zootechnical Checks applicable in Trade with Member States in

certain Live Animals and Products Regulations.

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

provisions of European Union Council Directive 90/425/EEC

concerning veterinary and zootechnical checks applicable in intra-

Community trade in certain live animals and products with a view

to the completion of the internal market.

(3) Veterinary checks to be carried out on live animals and

products which are covered by the European Community

legislation listed in Schedule A, or on those referred to in the first

paragraph of regulation 16 and which are intended for trade with

Member States are no longer carried out, without prejudice to

regulation 7, at frontiers but are carried out in accordance with

these regulations.

Furthermore checks on zootechnical documents are subject

to the control rules laid down by these regulations.

These regulations shall not affect checks carried out as part

of tasks conducted in a non-discriminatory manner by authorities

responsible for the general application of laws in the territory of

Malta.

These regulations shall not apply to veterinary checks on

movements between Member States of pets accompanied by and

under the responsibility of a natural person, where such movements

are not the subject of a commercial transaction.

CHAPTER I

VETERINARY LEGISLATION

Section 1

(a) (Corresponding to article 8 of the Veterinary Services Act, ''Movement of live

animals and germinal products'')

European Union Council Directive 64/432/EEC of 26 June 1964 on animal health

problems affecting intra-Community trade in bovine animals and swine (OJ 121

For the purposes of these regulations -

(1) ''centre or organisation'' shall mean any undertaking which

produces, stores, processes or handles the products referred to in

regulation 1;

(2) ''competent authority'' shall mean the central authority of a

Member State competent to carry out veterinary or zootechnical

checks or any authority to which it has delegated that competence;

for the territory of Malta, the competent authority is represented by

the Veterinary Services;

(3) ''holding'' shall mean an agricultural establishment or

premises of a dealer, as defined by the national rules in force,

IN CERTAIN LIVE ANIMALS AND PRODUCTS

situated in the territory of Malta and in which the animals referred

to in Schedules A and B, with the exception of equidae, are held or

regularly kept and the holding as defined in article 2(a) of

European Union Council Directive 90/426/EEC on animal health

c o n d i ti o n s g ov e r ni n g t h e m o v e m e n t a nd i m p or t f r o m th i r d

countries of live equidae;

(4) ''official veterinarian'' shall

mean

the

veterinarian

appointed by the competent authority;

(5) ''trade'' shall mean exchanges between the territory of

Malta and a Member State;

(6) ''veterinary check'' shall mean any physical check and, or

administrative formality which applies to the animals or products

referred to in regulation 1 and which is intended for the protection,

direct or otherwise, of public or animal health;

(7) ''zootechnical check'' shall mean any physical and, or

administrative formality which applies to the animals covered by

the regulations mentioned in section II of Schedule A and which is

intended for the direct or indirect improvement of the breeds.

Furthermore, for the purposes of these regulations ''trading

partner'' as referred in article 2 of the Veterinary Services Act shall

mean -

(a) Member States of the European Community;

(b) Third countries to the European Community;

where relevant.

CHAPTER I

Checks at origin

ANIMALS AND PRODUCTS NOT SUBJECT TO HARMONISATION

BUT TRADE WHICH WILL BE SUBJECT TO THE CHECKS

PROVIDED FOR IN THESE REGULATIONS

CHAPTER I

Veterinary legislation other live animals not listed in Schedule A, Chapter I.

CHAPTER II

Veterinary legislation semen, ova and embryos not listed in Schedule A, Chapter I.

(1) In the territory of Malta, only the animals and products

referred to in regulation 1 that fulfil the following conditions may

be the subject of trade

(a) the animals and products referred to in Schedule A

must satisfy the requirements of the relevant

Community legislation listed in the said Schedule and

the animals and products referred to in Schedule B

must fulfil the animal health requirements of the

Member State of destination;

(b) they must come from holdings, centres or

organisations which are subject to regular official

veterinary checks in accordance with subregulation

(3);

(c) they must, on the one hand, be identified in accordance

with the requirements of European Community rules

and, be registered in such a way that the original or

transit holding, centre or organisation can be traced.

Veterinary Services must take appropriate measures to

guarantee that the identification and registration

systems applicable to intra-Community trade are

IN CERTAIN LIVE ANIMALS AND PRODUCTS

extended to the movement of animals within the

territory of Malta;

(d) they must, when transported, be accompanied by

health certificates and, or any other documents as

provided for in the European Community legislation

referred to in Schedule A and, for the other animals

and products, by the rules of the Member State of

destination.

Those certificates or documents, issued by the official

veterinarian responsible for the holding, centre or

organisation of origin and, in the case of documents

required by the zootechnical legislation referred to in

section II of Schedule A, by the competent authority,

must accompany the animal, animals and products to

its or their destinations;

(e) susceptible animals, or products

of

susceptible

animals, must not originate -

(i)

from holdings, centres or organisations, areas or

regions which are subject to restrictions

determined in accordance with European

Community rules, where applicable, for the

animals concerned or products from the animals

concerned because of the suspicion, outbreak or

existence of a disease referred to in Schedule C

or because of the application of safeguard

measures;

(ii) from a holding, centre, organisation, area or

region which is the subject of official

restrictions because of the suspicion, outbreak or

existence of a disease other than those referred

to in Schedule C or of the application of

safeguard measures;

(iii) in cases where they are intended for holdings,

centres or organisations situated in the Member

States which have obtained the guarantees

pursuant to article 9 of European Union Council

Directive 64/432/EEC or other equivalent

European Community rules which have been or

will be adopted or in a State recognised, by

Community legislation as free, in all or part of

its territory, of a disease, from a holding which

does not provide the guarantees which may be

required by that Member State with respect to

diseases other than those listed in Schedule C;

(iv) when they are intended for a Member State or

part of the territory of a Member State which has

benefited from the guarantees pursuant to article

9 of European Union Council Directive 64/432/

EEC or other equivalent European Community

rules which have been or will be adopted, from a

holding, centre or organisation and, should the

IN CERTAIN LIVE ANIMALS AND PRODUCTS

case arise, from a part of the territory which

does not offer the additional guarantees provided

for.

The Veterinary Services shall ensure, before issuing

the certificate or accompanying document, that the

holdings, centres or organisations comply with the

requirements provided for in this paragraph;

(f)

where the transport operation involves several places

of destination, animals and products must be grouped

together in as many consignments as there are places

of destination. Each consignment must be

accompanied by the certificates and, or documents

referred to in paragraph (d);

(g) where animals and products covered by the European

Community legislation referred to in Schedule A

which comply with European Community rules are

intended for export to a third country through the

territory of a Member State, the transport operation

must except in cases of urgent need duly authorised by

the Veterinary Services in order to ensure the welfare

of the animals remain under customs supervision up to

the point of exit from European Community territory,

in accordance with detailed arrangements to be drawn

up in accordance with requirements of European

Community and under the procedure laid down in

article 15 of the Veterinary Services Act.

Moreover, in the cases of animals and products not

complying with European Community rules or animals

and products referred to in Schedule B, transit may

take place only if it has been expressly authorised by

the competent authority of the Member State of transit.

(2) In the territory of Malta, the competent authority shall

ensure that -

(a) the animals and products referred to in regulation 1

which might have to be slaughtered under a national

program for the eradication of diseases not referred to

in Schedule C are not dispatched to the territory of a

Member State;

(b) the animals and products referred to in Schedule A or

the animals and products referred to in Schedule B are

not dispatched to the territory of a Member State if

they cannot be marketed on their own territory for

health or animal health reasons justified by the Treaty.

(3) Without prejudice to the monitoring duties assigned to the

official veterinarian under European Community legislation, the

competent authority shall carry out checks on holdings, approved

markets and assembly centres, centres or organisations in order to

satisfy itself that animals and products intended for trade comply

with European Community requirements for trade and in particular

IN CERTAIN LIVE ANIMALS AND PRODUCTS

fulfil the conditions laid down in subregulation (1)(c) and (d) with

regard to identification.

Where there are grounds for suspecting that these

requirements are not being met, the competent authority shall carry

out the necessary checks and, if the suspicion is confirmed, take the

appropriate measures, which may include isolation of the holding,

centre or organisation concerned.

(4) Detailed rules for the application of this regulation, in

particular to take account of the species concerned, may be adopted

in accordance with requirements of the European Community and

under the procedure laid down in article 15 of the Veterinary

Services Act.

List of diseases or epizootic diseases, subject to mandatory emergency action, with

territorial restrictions (territory of Malta, other Member States, regions or zones)

-

Foot and mouth disease (FMD)

-

Classical swine fever (CSF)

-

African swine fever (ASF)

-

Swine vesicular disease (SVD)

IN CERTAIN LIVE ANIMALS AND PRODUCTS

-

Newcastle disease (ND)

-

Rinderpest

-

Peste des petits ruminants (PPR)

-

Vesicular stomatitis (VS)

-

Blue tongue

-

African horse sickness (AHS)

-

Viral equine encephalomyelitis

-

Porcine enterovirus encephalomyelitis (was Teschen disease)

-

Avian influenza (was fowl plague)

-

Sheep and goat pox

-

Lumpy skin disease

-

Rift valley fever

-

Contagious bovine pleuropneumonia

(1) In the territory of Malta as Member State of dispatch,

Veterinary Services shall take the necessary measures to ensure

that -

(a) the holders of livestock and products referred to in

regulation 1 comply with the national or European

Community health or zootechnical requirements

referred to in these regulations at all stages of

production and marketing;

(b) the animals and products referred to in Schedule A are

checked at least as carefully, from a veterinary

viewpoint, as if they were intended for the national

market, unless specifically provided otherwise by

European Community rules;

(c) animals are transported in suitable means of transport

which satisfy hygiene rules.

(2) The Veterinary Services which issued the certificate or

document accompanying the animals and products shall

communicate, on the day on which they were issued and by means

of the computerised system ANIMO, to the central competent

authority of the Member State of destination and to the competent

authority of the place of destination, the necessary data which are

requested by this European Community information system.

(3) Appropriate measures to penalise any infringement of

veterinary or zootechnical legislation by natural or legal persons

where it is found that European Community rules have been

infringed, and in particular where it is found that certificates,

documents or identification marks do not correspond to the status

of the animals or to their holdings of origin or to the actual

characteristics of the products, according to the procedures laid

down in accordance with the procedure laid down in Part IX of the

Veterinary Services Act.

IN CERTAIN LIVE ANIMALS AND PRODUCTS

CHAPTER II

Checks on arrival at destination

(1) In the territory of Malta as Member State of

destination, the following inspection measures have to be

implemented for animals and products coming from Member

States

(a) the Veterinary Services may, at the places of

destination of animals and products, establish by

means of non-discriminatory veterinary spot checks

that the requirements of animal health and public

health Member States’ legislation corresponding to

article 3 of European Union Council Directive 90/425/

EEC have been complied with; it may take samples at

the same time.

Furthermore, checks may also be carried out during

the transport of animals and products in the territory of

Malta where in transit or at destination, the Veterinary

Services have information leading it to suspect an

infringement;

(b) furthermore, where the animals referred to in

regulation 1 and originating in a Member State are

intended -

(i)

for an approved market or assembly centre as

defined by European Community rules, the

operator thereof shall be responsible for the

admission of animals not meeting the

requirements of animal health and public health

Member States legislation corresponding to

regulation 3(1) concerning conditions to be

followed by animals and products to be the

subject of trade. The Veterinary Services must

check, by means of non-discriminatory

inspections of the certificates or documents

accompanying the animals, that the animals

meet the said requirements;

(ii) for a slaughterhouse placed under the

supervision of an official veterinarian, the latter

must ensure, in particular on the basis of the

certificate or accompanying document, that only

animals that meet the requirements of animal

health and public health Member States’

legislation corresponding to regulation 3(1) are

slaughtered.

The operator of the slaughterhouse shall be

responsible for slaughtering animals which do

not meet the requirements of animal health and

public health Member States legislation

corresponding to regulation 3(1)(c) and (d)

concerning the identification and registration of

animals and products and the accompanying

IN CERTAIN LIVE ANIMALS AND PRODUCTS

certificates or documents;

(iii) for a registered dealer who divides up the

consignments or for any establishment not

subject to permanent supervision, such dealer or

establishment shall be regarded by the

Veterinary Services as the consignee of the

animals and the conditions laid down in the

second subparagraph shall apply;

(iv) for holdings, centres or organisations including,

where the consignment is partly unloaded during

transport, each animal or group of animals must

be accompanied, in accordance with regulation

3, by the original of the health certificate or

accompanying document until it reaches the

consignee mentioned therein.

The consignees referred to in paragraph (b)(iii) and (iv)

must, before the consignment is divided up or subsequently

marketed, check that the identification marks, certificates or

documents referred to in article 3(1)(c) and (d) of European Union

Council Directive 90/425/EEC, notify the Veterinary Services of

any irregularity or anomaly and, in the latter case, isolate the

animals in question until the competent authority has taken a

decision regarding them.

The guarantees which must be furnished by the consignees

referred to in paragraph (b)(iii) and (iv) above shall be specified in

an agreement with the Veterinary Services to be signed at the time

of the prior registration provided for in regulation 13. The

Veterinary Services shall carry out random checks to verify

compliance with those guarantees.

This paragraph shall apply mutatis mutandis to consignees

of the products referred to in regulation 1.

(2) All the consignees appearing on the certificate or document

provided for in regulation 3(1)(d) -

(a) must, at the request of the Veterinary Services and to

the extent necessary to carry out the checks referred to

in subregulation (1), report in advance the arrival of

animals and products from Member States and, in

particular, the nature of the consignment and the

anticipated arrival date.

However, the time limit for notification shall as a

general rule not be more than one day; nevertheless, in

exceptional circumstances, Veterinary Services may

require two days’ advance notification.

This notification is not required for registered horses

bearing an identification document provided for by

European Union Council Directive 90/427/EEC;

(b) shall keep for a period of not less than six months, to

be specified by the Veterinary Services, the health

certificates or documents referred to in regulation 3,

IN CERTAIN LIVE ANIMALS AND PRODUCTS

for presentation to the competent authority should the

latter so request.

(3) The detailed rules for implementing this regulation shall be

adopted in accordance with requirements of the European

Community and according to the procedure laid down in article 15

of the Veterinary Services Act.

(1) Where European Community rules or, in areas which

have not yet been harmonised with Member States, national

provisions, which comply with general European Community rules

governing trade between Member States, require that live animals

be put into quarantine, the latter shall normally take place at the

holding of destination.

(2) A quarantine station may be used if this is justified from a

veterinary viewpoint. Such station shall be regarded as the place of

destination of the consignment. The Veterinary Services shall

notify the European Commission of the grounds on which such

action is being taken.

(3) Obligations relating to quarantine and the location of the

latter shall be specified in the veterinary requirements referred to in

the second paragraph of regulation 16.

(1) In the territory of Malta, during checks carried out at

the places where animals and products referred to in regulation 1

from a third country may be brought into the territory defined in

Annex I of European Union Council Directive 97/78/EC such as

ports and airport, the following measures are taken

(a) certificates or documents accompanying the animals

and products are checked;

(b) European Community animals and products shall be

subject to the control rules laid down in regulation 5;

(c) products from third countries shall be subject to the

rules laid down in European Union Council Directive

97/78/EC;

(d) animals from third countries shall be subject to the

rules laid down in European Union Council Directive

91/496/EEC.

(2) However, by way of derogation from subregulation (1), all

animals or products transported by means of transport providing a

regular and direct link between the territory of Malta and

geographical points of the European Community shall be subject to

the rules for control provided for in regulation 5.

(1) If, during a check carried out at the place of destination

of a consignment or during transport, the Veterinary Services

establish -

(a) the presence of agents responsible for a disease

referred to in European Union Council Directive 82/

894/EEC, as last amended by European Union

IN CERTAIN LIVE ANIMALS AND PRODUCTS

Commission Decision 90/134/EEC and in the Second

Schedule to the Veterinary Services Act, a zoonosis or

disease, or any cause likely to constitute a serious

hazard to animals or humans, or that the products

come from a region contaminated by an epizootic

disease, they shall order that the animal or

consignment of animals be put in quarantine at the

nearest quarantine station or slaughtered and, or

destroyed.

Costs relating to the measures provided for in the first

paragraph shall be borne by the consignor or his

representative or the person responsible for the

products or animals.

The Veterinary Services shall immediately notify the

competent authorities of the other Member States and

the European Commission in writing, by the most

appropriate means, of the findings arrived at, the

decisions taken and the reasons for such decisions. The

protective measures provided for in regulation 11 may

be applied;

(b) that, without prejudice to paragraph (a), the animals

and products which do not meet the conditions laid

down by European Community legislation or, in case

of guarantees obtained pursuant to article 9 of

European Union Council Directive 64/432/EEC or

equivalent Community rules which have been or will

be adopted, by national animal health rules, they may,

provided that public or animal health considerations so

permit, give the consignor or his representative the

choice of -

-

maintenance of the animals and products under

supervision until compliance with rules is

confirmed where residues are present, and, in

the event of failure to comply with those rules,

application of the measures provided for by

European Community legislation,

-

slaughtering of the animals or the destruction of

the products, return of the animal or

consignment, with the authorisation of the

competent authority of the Member State of

dispatch and prior notification of the Member

State(s) of transit.

However, if the certificate or documents are found to

contain irregularities, the owner or his representative must be

granted a period of grace before recourse is had to this last

possibility.

(2) In accordance with European Community rules and the

procedure laid down in article 15 of the Veterinary Services Act,

the list of the diseases referred to in sub-regulation (1) drawn up by

the European Commission may be published and detailed rules for

the application of this regulation may be adopted in accordance

IN CERTAIN LIVE ANIMALS AND PRODUCTS

with requirements of the European Community and according to

the procedure laid down in article 15 of the Veterinary Services

Act.

(1) In the cases provided for in regulation 8, the Veterinary

Services shall contact the competent authorities of the Member

State of dispatch without delay in order to know the necessary

measure taken, the nature of the checks carried out, the decisions

taken and the reasons for such decisions.

If the Veterinary Services fears that such measures are

inadequate, they shall, with the competent authority of the Member

State of origin seek ways and means of remedying the situation; if

appropriate, this may involve an on-the-spot inspection.

Where the checks provided for in regulation 8 show

repeated irregularities, the Veterinary Services shall inform the

European Commission and the competent authorities of the other

Member States.

The Veterinary Services of the territory of Malta may, for

its part, intensify checks on animals coming from the same holding,

centre, organisation, approved market or assembly centre or region.

In the context of the first paragraph to this subregulation, and in the

case where Malta is the Member State of dispatch the Veterinary

Services must apply the measures foreseen for the Member State of

dispatch.

(2) Except in cases provided for in subregulation (4), rights of

appeal existing under the laws in force in the territory of Malta

against decisions by the Veterinary Services shall not be affected

by these regulations.

Decisions taken by the Veterinary Services and the reasons

for such decisions shall be notified to the consignor or his

representative and to the competent authority of the Member State

of dispatch.

If the consignor or his representative so requests, the said

decisions and reasons shall be forwarded to him in writing with

details of the rights of appeal which are available to him under the

law in force in the territory of Malta and of the procedure and time

limits applicable.

However, in the event of a dispute, the Veterinary Services

may, if the competent authority of the Member State of origin so

agrees, within a maximum period of one month, submit the dispute

for the assessment of an expert whose name appears on a list of

European Community experts.

Such experts shall issue their opinions within not more than

seventy-two hours or after receiving the results of any analysis. The

Veterinary Services shall abide by the expert’s opinion, with due

regard for European Community veterinary legislation.

(3) The costs of returning the consignment, holding or isolating

the animals or, if appropriate, slaughtering or destroying them shall

be borne by the consignor, his representative or the person

IN CERTAIN LIVE ANIMALS AND PRODUCTS

responsible for the animals or products.

(4) The detailed rules for the application of this regulation

shall be adopted in accordance with requirements of European

Community and in accordance with the procedure laid down in

article 15 of the Veterinary Services Act.

(1) If, during a check carried out in a Member State at the

place of destination of a consignment or during transport, the

competent authority establishes -

(a) the presence of agents responsible for a disease

referred to in the Second Schedule to the Veterinary

Services Act, a zoonosis or disease, or any cause likely

to constitute a serious hazard to animals or humans, or

that the products coming from the territory of Malta

are contaminated by an epizootic disease;

(b) that, without prejudice to paragraph (a), the animals

and products do not meet the conditions laid down by

Community Directives or, where the Member State

obtains additional guarantees which have been or will

be adopted, by national animal health rules, the

Veterinary Services shall take all necessary measures

and notify the competent authority of the Member

State of the nature of the checks carried out, the

decisions taken and the reasons for such decisions.

If the competent authority of the Member State of

destination fears that such measures are inadequate, the Veterinary

Services and the competent authority of the Member State shall

together seek ways and means of remedying the situation; if

appropriate, this may involve an on-the-spot inspection.

At the request of the competent authority of the Member

State of destination -

(i)

inspectors may be sent by the European

Commission;

(ii) or an official veterinarian, who is acceptable to

the various parties concerned, may be instructed

to check the facts on the spot;

(iii) the Veterinary Services may be requested to

intensify checks on the holding, the centre, the

organisation, the approved market or assembly

centre on the territory of Malta.

Pending the Member State's findings, the Veterinary

Services must intensify checks on animals and products coming

from the holding, centre, organisation, approved market or

assembly centre on the territory of Malta, and if there are serious

public or animal health grounds, suspend issue of any certificates

or movement.

(2) In the event of a dispute, the Veterinary Services concerned

may, if the competent authority of the Member State of destination

so agrees, within a maximum period of one month, submit the

dispute for the assessment of an expert whose name appears on a

IN CERTAIN LIVE ANIMALS AND PRODUCTS

list of European Community experts.

Such experts shall issue their opinions within not more than

seventy-two hours or after receiving the results of any analyses.

The Veterinary Services shall abide by the expert’s opinion, with

due regard for corresponding veterinary legislation.

(3) The costs of returning the consignment, holding or isolating

the animals or, if appropriate, slaughtering or destroying them shall

be borne by the consignor, his representative or the person

responsible for the animals or products.

(4) The detailed rules for the application of this regulation shall

be adopted in accordance with the procedure laid down in article

15(4) of the Veterinary Services Act.

CHAPTER III

Common provisions

(1) Veterinary Services shall immediately notify the

Member States and the European Commission of any outbreak in

the territory of Malta, in addition to an outbreak of diseases

referred to in the Second Schedule to the Veterinary Services Act,

of any zoonoses, diseases or other cause likely to constitute a

serious hazard to animals or to human health.

The Veterinary Services shall immediately implement the

control or precautionary measures provided for in European

Community rules following the provisions laid down in article 5 of

the Veterinary Services Act, in particular the determination of the

buffer zones provided for in those rules, or adopt any other measure

which it deems appropriate.

When, in the course of a check referred to in regulation 5,

the Veterinary Services has established the existence of one of the

diseases or causes referred to in the first paragraph, they may, if

necessary, take the precautionary measures provided for in

European Community rules following the provisions laid down in

a r t i c l e 15 ( 5 ) o f th e Ve te ri n a r y S e r vi c e s A c t, i n c l ud i ng th e

quarantining of the animals.

Pending the measures to be taken by the European

Commission, the Veterinary Services may, on serious public or

animal health grounds, take interim protective measures with

regard to the holdings, centres or organisations concerned or, in the

case of an epizootic disease, with regard to the buffer zone

provided for in European Community rules, following the

provisions laid down in article 5 of the Veterinary Services Act.

The measures taken shall be notified to the European

Commission and to the Member States without delay.

(2)

(a) At the request of the Member State referred to in the

first paragraph of subregulation (1) or on the initiative

of the European Commission, one or more Commission

representatives may go at once to the place concerned

to examine, in collaboration with the competent

IN CERTAIN LIVE ANIMALS AND PRODUCTS

authorities, what measures have been taken, and shall

issue an opinion on those measures.

(b) Where, following the circumstances detailed in this

regulation or in case of an equivalent situation

appearing in another Member State, necessary

measures are adopted by the European Commission for

the animals and products referred to in regulation 1

and, if the situation so requires, for the products

derived from those animals, the requested measures

are immediately implemented by the Veterinary

Services of the territory of Malta. If necessary,

detailed rules for their application shall be adopted in

accordance

with

requirements

of

European

Community and in accordance with the procedure laid

down in article 15 of the Veterinary Services Act.

(3) Detailed rules for the application of this regulation, and in

particular the list of zoonoses or causes likely to constitute a

serious hazard to human health, shall be adopted in accordance

with requirements of the European Community and in accordance

with the procedure laid down in article 15 of the Veterinary

Services Act.

Veterinary Services shall be appointed for carrying out the

veterinary checks and collaborating with the Member States’

inspection departments.

In the territory of Malta all dealers engaging in intra-

Community trade in the animals and, or products covered by

regulation 1-

(a) are required, at the request of the Veterinary Services,

to register beforehand in an official register;

(b) keep a record of deliveries and, for the consignees

referred to in regulation 5(1)(b)(iii), of the subsequent

destination of the animals and products. The said

record shall be preserved for a period to be determined

by the Director of the Veterinary Services so that it

can be presented to the Veterinary Services on request.

In the territory of Malta the officials of the Veterinary

Services, if appropriate in collaboration with the officials of other

departments empowered to that end, are able in particular to -

(a) carry out inspections of holdings, installations, means

of transport and processes used for the marking and

identification of animals;

(b) check, as regards the products listed in Schedule A,

that the personnel are complying with the requirements

laid down in the texts referred to in that Schedule;

(c) take samples from -

(i)

animals held with a view to being sold, put on

the market or transported;

(ii) products held with a view to being stored or

IN CERTAIN LIVE ANIMALS AND PRODUCTS

sold, put on the market or transported;

(d) examine documentary or data processing material

relevant to the checks carried out further to the

measures taken under these regulations. Veterinary

Services must require the holdings, centres or

organisations being checked to afford the collaboration

necessary for the performance of the aforementioned

tasks.

CHAPTER IV

Final and transitional provisions

(1) The Veterinary Services shall use the computerised

system linking veterinary authorities ''ANIMO'', with a view, in

particular, to facilitating the exchange of information between the

Veterinary Services of the territory of Malta where a health

certificate or document accompanying the animals and products of

animal origin has been issued and the competent authorities of the

Member State of destination.

(2) Details concerning the financial contribution, and those

necessary for the implementation of this program, shall be adopted

in accordance with requirements of European Community and

according to the procedure laid down in article 15 of the Veterinary

Services Act.

Trade in the animals and products listed in Schedule B

shall, pending the adoption of European Community rules, and

without prejudice to the maintenance of any national rules laid

down for the identification of batches, be subject to the control

rules laid down by European Community legislation, in particular

those mentioned in the second part of the sentence of regulation

3(1)(a).

Veterinary Services shall communicate to the European

Commission and the Member States the conditions and procedures

applicable to trade in the animals and products referred to in the

first paragraph.

The control rules provided for the animals and products

referred to in Schedule A shall be extended to the animals and

products of animal origin not yet covered by this Schedule when

rules harmonised governing trade therein, are adopted.

Veterinary Services shall report to the European

Commission, using a possible harmonised model, the relevant

information concerning the checks carried out pursuant to these

regulations.

IN CERTAIN LIVE ANIMALS AND PRODUCTS

07.64 p.1977).

European Union Council Directive 88/407/EEC of 14 June 1988 laying down the

animal health requirements applicable to intra-Community trade in and imports of

deep-frozen semen of domestic animals of the bovine species (OJ L 194 22.07.88

p.10).

European Union Council Directive 89/556/EEC of 25 September 1989 on animal

health conditions governing intra-Community trade in and importation from third

countries of embryos of domestic animals of the bovine species (OJ L 302 19.10.89

p.1).

European Union Council Directive 90/426/EEC of 26 June 1990 on animal health

conditions governing the movement and import from third countries of equidae (OJ

L 224 18.08.90 p.42).

European Union Council Directive 90/429/EEC of 26 June 1990 laying down the

animal health requirements applicable to intra-Community trade in and imports of

semen of domestic animals of the porcine species (OJ L 224 18.08.90).

European Union Council Directive 90/539/EEC of 15 October 1990 on animal

health conditions governing intra-Community trade in, and imports from third

countries of, poultry and hatching eggs (OJ L 303 31.10.90 p.6).

European Union Council Regulation (EC) No 1774/2002 of the European

Parliament and of the Council of 3 October 2002, laying down the health rules

concerning animals by-products not intended for human consumption (OJ L 273

10.10.2002 p. 1).

European Union Council Directive 91/67/EEC of 28 January 1991 concerning the

animal health conditions governing the placing on the market of aquaculture animals

and products (OJ L 046 19.02.91 p.1).

European Union Council Directive 91/68/EEC of 28 January 1991 on animal

health conditions governing intra-Community trade in ovine and caprine animals (OJ

L 046 19.02.91 p.19).

(b) (Corresponding to articles 22 to 26 of the Animal Welfare Act, Part IX

''Transport of animals'' )

European Union Council Directive 91/628/EEC of 19 November 1991 on the

protection of animals during transport and amending Directives 90/425/EEC and 91/

496/EEC (OJ No L 340,11.12. 1991, p. 17).

Section 2

(a) (Corresponding to article 8 of the Veterinary Services Act, ''Movement of live

animals and germinal products'')

European Union Council Directive 92/65/EEC of 13 July 1992 laying down

IN CERTAIN LIVE ANIMALS AND PRODUCTS

animal health requirements governing trade in and imports into the Community of

animals, semen, ova and embryos not subject to animal health requirements laid

down in specific Community rules referred to in Annex A (I) to European Union

Council Directive 90/425/EEC (OJ L 268 14.09.92 p.54)

(b) (Corresponding to articles 10 and 11 of the Veterinary Services Act)

European Union Council Directive 92/118/EEC of 17 December 1992 laying down

animal health and public health requirements governing trade in and imports into the

Community of products not subject to the said requirements laid down in specific

Community rules referred to in Annex A (I) to European Union Council Directive

89/662/EEC and, as regards pathogens, to Directive 90/425/EEC (OJ L 062 15.03.93

p.49).

CHAPTER II

ZOOTECHNICAL LEGISLATION

(Corresponding to article 34 of the Veterinary Services Act)

European Union Council Directive 77/504/EEC of 25 July 1977 on pure-bred

breeding animals of the bovine species (OJ L 206 12.08.77 p.8).

European Union Council Directive 88/661/EEC of 19 December 1988 on the

zootechnical standards applicable to breeding animals of the porcine species (OJ L

382 31.12.88 p.36).

European Union Council Directive 89/361/EEC of 30 May 1989 concerning pure-

bred breeding sheep and goats (OJ L 153 06.06.89 p.30).

E u r op e a n Un i o n C o un c il D i r e c t i v e 9 0 /4 2 7 /E E C o f 2 6 J un e 1 9 9 0 o n th e

zootechnical and genealogical conditions governing intra-Community trade in

equidae (OJ L 224 18.08.90 p.55).

European Union Council Directive 91/174/EEC of 25 March 1991 laying down

zootechnical and pedigree requirements for the marketing of pure-bred animals and

amending Directives 77/504/EEC and 90/425/EEC (OJ L 085 05.04.91 p.37).