Legislator Case Law & Legislation
sl_437.50 MT

FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

96 Articles / Provisions · Malta
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Table of Provisions (96)

Preamble Reg. 1 Title, scope and applicability. Schedule I Reg. 2 Definitions. Schedule Ii Reg. 3 Foot-and-mouth disease notification. Schedule Iii Reg. 4 Measures in case of suspicion of an outbreak of foot- and-mouth disease. Schedule Iv Reg. 5 Movements onto and off a holding in case of suspicion of an outbreak of foot-and-mouth disease. Schedule V Reg. 6 Extension of measures to other holdings. Schedule Vi Reg. 7 Temporary control zone. Schedule Vii Reg. 8 Preventive eradication programme. Schedule Viii Reg. 9 Maintenance of measures. Schedule Ix Reg. 10 Measures in case of confirmation of an outbreak of foot-and-mouth disease. Schedule X Reg. 11 Cleansing and disinfection. Schedule Xi Reg. 12 Tracing and treatment of products and substances in contact with animals of an outbreak. Schedule Xii Reg. 13 Epidemiological inquiry. Schedule Xiii Reg. 14 Additional measures in case of confirmation of outbreaks of foot- and-mouth disease. Schedule Xiv Reg. 15 Measures to be in the vicinity or within certain specific premises. Schedule Xv Reg. 16 Measures to be applied in slaughterhouses, border inspection posts and means of transportation. Schedule Xvi Reg. 17 Holdings consisting of different epidemiological production units. Schedule Xvii Reg. 18 Contact holdings. Reg. 19 Establishment of protection and surveillance zones. Reg. 20 Measures to be applied to holdings in the protection zone. Reg. 21 Movement and transport of animals and their products in the protection zone. Reg. 22 Additional measures and derogations. Reg. 23 Measures in relation to fresh meat produced in the protection zone. Reg. 24 Measures in relation to meat products produced in the protection zone. Reg. 25 Measures in relation to milk and milk products produced in the protection zone. Reg. 26 Reg. 27 Reg. 28 Measures in relation to hides and skins from animals of susceptible species in the protection zone. Reg. 29 Measures in relation to sheep wool, ruminant hair and pig bristles produced in the protection zone. Reg. 30 Measures in relation to other animal products produced in the protection zone. Reg. 31 Measures in relation to feed, forage, hay and straw produced in the protection zone. Reg. 32 Granting of derogations and additional certification. Reg. 33 Additional measures applied by the competent authority in the protection zone. Reg. 34 Removal of measures in the protection zone. Reg. 35 Measures to be applied to holdings in the surveillance zone. Reg. 36 Movement of animals of susceptible species within the surveillance zone. Reg. 37 Reg. 38 Reg. 39 Reg. 40 Measures in relation to other animal products produced in the surveillance zone. Reg. 41 Additional measures applied by the competent authority in the surveillance zone. Reg. 42 Removal of measures in the surveillance zone. Reg. 43 Regionalisation. Reg. 44 Measures applied in a restricted zone of Malta. Reg. 45 Identification of animals of susceptible species. Reg. 46 Movement control in case of an outbreak of foot- and-mouth disease. Reg. 47 Use, manufacture, sales and controls of the vaccines. Reg. 48 Decision on introducing emergency vaccination. Reg. 49 Conditions for emergency vaccination. Reg. 50 Protective vaccination. Reg. 51 Suppressive vaccination. Reg. 52 Reg. 53 Reg. 54 Clinical and serological survey in the vaccination zone (Phase 2-A). Reg. 55 Classification of herds in the vaccination zone (Phase 2-B). Reg. 56 Reg. 57 Recovery of the foot-and-mouth disease and infection free status. Reg. 58 Recovery of status following eradication of foot- and-mouth disease without emergency vaccination. Reg. 59 Recovery of status following eradication of foot- and-mouth disease with vaccination. Reg. 60 Modifications of measures to recover the foot- and-mouth disease and infection-free status. Reg. 61 Reg. 62 Reg. 63 Laboratories and establishments handling live foot- and-mouth disease virus. Reg. 64 National laboratories. Reg. 65 Reg. 66 Reg. 67 Contingency plans. Reg. 68 Real-time alert exercises. Reg. 69 National/Central disease control centres - Functions and duties. Reg. 70 National/Central disease control centres - Technical requirements. Reg. 71 Set-up, functions and duties of local disease control centres. Reg. 72 Technical requirements of local disease control centres. Reg. 73 Expert group. Reg. 74 National antigen and vaccine banks. Reg. 75 Additional measures to prevent and control foot-and-mouth disease. Reg. 76 Penalties. Reg. 77 Reg. 78 Committee procedure.

Statutory Text (96 Articles)

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

SUBSIDIARY LEGISLATION 437.50

FOOT-AND-MOUTH DISEASE

(CONTROL MEASURES) RULES *

16th December, 2004

LEGAL NOTICE 510 of 2004.

CHAPTER I

General Provisions

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) The title of these rules is the Foot-and-Mouth Disease

(Control Measures) Rules.

(2) The scope of these rules is to implement the rules found

under European Union Council Directive 2003/85/EC regarding

measures for the control of foot-and-mouth disease to be taken in

the territory of Malta.

(3)

These rules set out

(a) the minimum control measures to be applied in the

event of an outbreak of foot-and-mouth disease, of

whatever type of virus;

(b) certain preventative measures aimed at increasing

awareness and preparedness of the competent

authorities and the farming community for foot-and-

mouth disease.

(4) The competent authority shall remain free to take more

stringent action in the field covered by these rules.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

DEFINITION OF OUTBREAK

An outbreak shall be declared where a holding meets one or more of the following

1. Foot-and-mouth disease virus has been isolated from an animal, any product

derived from that animal, or its environment.

2. Clinical signs consistent with foot-and-mouth disease are observed in an

animal of a susceptible species, and the viral antigen or viral ribonucleic acid (RNA)

specific to one or more of the serotypes of foot-and-mouth disease virus has been

detected and identified in samples collected from the animal or animals of the same

epidemiological group.

3. Clinical signs consistent with foot-and-mouth disease are observed in an

animal of a susceptible species and the animal or its cohorts are positive for antibody

to foot-and-mouth disease virus structural or non-structural proteins, provided that

previous vaccination, residual maternal antibodies or non-specific reactions can be

excluded as possible causes of seropositivity.

4. Viral antigen or viral RNA specific to one or more of the serotypes of foot-

and-mouth disease virus has been detected and identified in samples collected from

animals of susceptible species and the animals are positive for antibody to foot-and-

mouth disease virus structural or non-structural proteins, provided that in the case of

antibodies to structural proteins previous vaccination, residual maternal antibodies

or non-specific reactions can be excluded as possible causes of seropositivity.

5. An epidemiological link has been established to a confirmed foot-and-mouth

disease outbreak and at least one of the following conditions applies

(a) one or more animals are positive for antibody to foot-and-mouth disease

virus structural or non-structural proteins, provided that previous

vaccination, residual maternal antibodies or non-specific reactions can

be excluded as possible causes of seropositivity;

(b) viral antigen or viral RNA specific to one or more of the serotypes of

foot-and-mouth disease virus has been detected and identified in

samples collected from one or more animals of susceptible species;

(c) serological evidence of active infection with foot-and-mouth disease by

detection of seroconversion from negative to positive for antibody to

foot-and-mouth disease virus structural or non-structural proteins has

been established in one or more animals of susceptible species, and

previous vaccination, residual maternal antibodies or non-specific

reactions can be excluded as possible causes of seropositivity.

Where a previously seronegative status cannot be reasonably expected,

this detection of seroconversion is to be carried out in paired samples

collected from the same animals on two or more occasions at least five

days apart, in the case of structural proteins, and at least twenty-one

days apart, in the case of non-structural proteins.

(d) Clinical signs consistent with foot-and-mouth disease are observed in an

animal of a susceptible species.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

For the purposes of these rules -

"animal of a susceptible species" means any domestic or wild

animal of the suborders Ruminantia, Suina, and Tylopoda of the

order Artiodactyla. For specific measures, notably in application of

rule 16(4), rule 15 and rule 75(2), other animals, such as for

example of the order Rodentia or Proboscidae, may be considered

susceptible to foot-and-mouth disease in accordance with scientific

evidence;

"animal suspected of being contaminated" means any animal of a

susceptible species which, according to the epidemiological

information collected, may have been directly or indirectly exposed

to the foot-and-mouth disease virus;

"animal suspected of being infected" means any animal of a

susceptible species exhibiting clinical symptoms or showing post-

mortem lesions or reactions to laboratory tests which are such that

the presence of f oot-and -mo uth di sease may reasonably be

suspected;

"authorisation" means a written authorisation given by the

competent authorities, of which the necessary copies must be

available for subsequent inspections in accordance with the

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

appropriate legislation in Malta;

"case of foot-and-mouth disease" or "animal infected with foot-

and-mouth disease" means any animal of a susceptible species or

carcass of such animal in which foot-andmouth disease has been

officially confirmed, taking into account the definitions in

Schedule I, either on clinical symptoms or post-mortem lesions

consistent with foot-and-mouth disease have been officially

confirmed, or as the result of a laboratory examination carried out

in accordance with Schedule XIII;

"Community antigen and vaccine bank" means appropriate

premises designated in accordance with these rules for the storage

of Community reserves of both concentrated inactivated antigen of

the foot-and-mouth disease virus for the production of foot-and-

mouth disease vaccines and veterinary immunological products

(vaccines) reconstituted from such antigens and authorised in

accordance with European Council Directive 2001/82/EC relating

to veterinary medicinal products;

"the competent authority" means the Veterinary Services within

Malta as provided under article 2 of the Veterinary Services Act, or

any other authority to which such responsibility has been delegated

by the Veterinary Services;

"emergency slaughter" means the slaughter in emergency cases

within the meaning of Article 2(7) of European Council Directive

93/119/EEC of animals which on the basis of epidemiological data

or clinical diagnosis or results of laboratory testing are not

considered infected or contaminated with the foot-and-mouth

disease virus, including slaughter for reasons of animal welfare;

"emergency vaccination" means vaccination in accordance with

rule 48(1);

"herd" means an animal or group of animals kept on a holding as

an epidemiological unit; if more than one herd is kept on a holding,

each of these herds shall form a distinct unit and shall have the

same health status;

"holding" means any agricultural or other premises, including

circuses, located in Malta where animals of susceptible species are

being bred or kept on a permanent or temporary basis. However, for

the purpose of rule 10(1), this definition does not include living

areas for humans on such premises, unless animals of susceptible

species, including those referred to in rule 75(2), are kept on a

permanent or temporary basis therein, slaughterhouses, means of

transport, border inspection posts or fenced areas where animals of

susceptible species are kept and may be hunted, if such fenced

areas are of a size which makes the measures provided for in rule

10 inapplicable;

"incubation period" means the length of the time between

infection and the occurrence of clinical signs of foot-and mouth

disease. Namely, for the purposes of these rules, fourteen days for

bovine and porcine animals, and twenty-one days for ovine and

caprine animals and any other animal of susceptible species;

"killing" means any process which causes the death of an animal;

"Member State" means a State which is a Member within the

European Community;

"official veterinarian" means the veterinarian designated by the

competent authority of Malta;

"outbreak of foot-and-mouth disease" means a holding where

animals of susceptible species are kept, which meets one or more of

the criteria set out in Schedule I;

"owner" means any person or persons, either natural or legal,

having ownership of an animal of a susceptible species, or charged

with keeping such animals, whether or not for financial reward;

"primary case of foot-and-mouth disease in wild animals" means

any case of foot-and-mouth disease which is detected in a wild

animal in an area in which no measures are in place in accordance

with rule 75(3) or (4);

"primary outbreak" means an outbreak not epizootiologically

linked with a previous outbreak in the same region of Malta as

defined in Article 2 of European Council Directive 64/432/EEC or

the first outbreak in a different region of Malta;

"processing" means one of the treatments for high risk material

laid down in European Council Regulation (EC) No 1774/2002, and

any implementing legislation thereof, applied in such a way as to

avoid the risk of spread of foot-and-mouth disease virus;

"protective vaccination" means emergency vaccination carried

out on holdings in a designated area in order to protect animals of

susceptible species within this area against airborne spread or

spread through fomites of foot-and-mouth disease virus and where

the animals are intended to be kept alive following vaccination;

"region" means that part of the territory of Malta which is at least

2,000 square kilometres in area and which is subject to inspection

by the competent authority;

"regionalisation" means the delimitation of a restricted zone in

which restrictions are applied on the movements of or trade in

certain animals or animal products as provided for in rule 43 in

order to prevent the spread of foot-and-mouth disease into the free

zone where no restrictions are applied in accordance with these

rules;

"sub-region" means an area specified in the Annex to European

Council Decision 2000/807/EC;

"suppressive vaccination" means emergency vaccination which

is carried out exclusively in conjunction with a stamping-out policy

in a holding or area where there is an urgent need to reduce the

amount of foot-and-mouth disease virus circulating and to reduce

the risk of it spreading beyond the perimeters of the holding or the

area and where the animals are intended to be destroyed following

vaccination;

"wild animal" means an animal of a susceptible species living

outside any holding or premises referred to in rules 15 and 16.

CHAPTER II

Control of outbreaks of foot-and-mouth disease

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

NOTIFICATION OF DISEASE AND FURTHER EPIDEMIOLOGICAL

INFORMATION TO BE PROVIDED BY THE COMPETENT AUTHORITY

WHERE FOOT-AND-MOUTH DISEASE HAS BEEN CONFIRMED

1. Within twenty-four hours from the confirmation of each primary outbreak or

case in premises or means of transport referred to in rule 16, the competent authority

must notify by means of the Animal Disease Notification System established in

accordance with Article 5 of European Council Directive 82/894/EEC

(a) date of dispatch;

(b) time of dispatch;

(c) country of origin;

(d) name of disease and type of virus, where appropriate;

(e) serial number of outbreak;

(f)

type of outbreak;

(g) reference number of outbreak linked to this outbreak;

(h) region and geographical location of the holding;

(i)

other region affected by restrictions;

(j)

date of confirmation and method used for confirmation;

(k) date of suspicion;

(l)

date of estimation of first infection;

(m) origin of disease, as far as can be indicated;

(n) disease control measures taken.

2. In case of primary outbreaks or cases in premises or means of transport

referred to in rule 16, in addition to the data referred to in point 1, the competent

authority must also forward the following information

(a) the number of animals of each susceptible species in the outbreak, or

premises and means of transport referred to in rule 16;

(b) for each species and type (breeding, fattening, slaughter, etc.), the

number of dead animals of susceptible species on the holding,

slaughterhouse or means of transport;

(c) for each type (breeding, fattening, slaughter, etc.), the morbidity of the

disease and the number of animals of susceptible species in which foot-

and-mouth disease has been confirmed;

(d) the number of animals of susceptible species killed in the outbreak,

slaughterhouse or means of transport;

(e) the number of carcasses processed and disposed of;

(f)

the distance of the outbreak from the nearest holding on which animals

of susceptible species are kept;

(g) if foot-and-mouth disease was confirmed in a slaughterhouse or means

of transport, the location of the holding or holdings of origin of the

infected animals or carcasses.

3. In case of secondary outbreaks, the information referred to in points 1 and 2

must be forwarded within the time limit laid down in Article 4 of European Union

Council Directive 82/894/EEC.

FOOT-AND-MOUTH DISEASE (CONTROL MEASURES)

4. The competent authority shall ensure that the information to be provided in

relation to any outbreak or case of foot-and-mouth disease in a holding,

slaughterhouse or means of transport in accordance with points 1, 2 and 3 is

followed as soon as possible by a written report to the Commission and the other

Member States including at least

(a) the date on which the animals of susceptible species on the holding,

slaughterhouse or means of transport were killed and their carcasses

processed;

(b) the results of the tests carried out on samples taken when animals of

susceptible species were killed;

(c) where the derogation provided for in rule 17 has been applied, the

number of animals of susceptible animals killed and processed and

where applicable the number of animals of susceptible species which

are to be slaughtered at a later date and the time limit laid down for their

slaughter;

(d) any information relating to the possible origin of the disease or the

origin of the disease if this has been ascertained;

(e) in the case of a primary outbreak or a case of foot-and-mouth disease in

a slaughterhouse or means of transport, the genetic type of virus

responsible for the outbreak or the case;

(f)

in cases where animals of susceptible species have been killed in

contact holdings or in holdings containing animals of susceptible

species suspected of being infected with foot-and-mouth disease virus,

information on

(i)

the date of killing and the number of animals of susceptible

species of each category killed in each holding and in cases where

animals of susceptible species in contact holdings were not killed,

information must be provided on the reasons for this decision,

(ii) the epidemiological link between the outbreak or case of foot-

and-mouth disease and each contact holding or the reasons that

have induced suspicion of foot-and-mouth disease in each

suspected holding,

(iii) the results of the laboratory tests carried out on the samples taken

from the animals of susceptible species in the holdings and when

they were killed.

5. Where the Animal Disease Notification System is for whatever reason

temporarily not operational, other means of communication shall be employed.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1)

In Malta

(a) foot-and-mouth disease is listed by the competent

authority as a compulsorily notifiable disease;

(b) the owner and any person attending animals,

accompanying animals during transport or looking

after animals shall be obliged to notify without delay

to the competent authority or the official veterinarian

the presence or suspected presence of foot-and-mouth

disease and keep animals infected with foot-and-

mouth disease or animals suspected of being infected,

away from places where other animals of susceptible

species are at risk of being infected or contaminated

with the foot-and-mouth disease virus;

(c) veterinary practitioners, official veterinarians, senior

staff of veterinary or other official or private

laboratories and any person with a occupational

relation to animals of susceptible species or products

derived from such animals shall be obliged to notify

without delay to the competent authority any

knowledge of the presence or suspected presence of

foot-and-mouth disease they have obtained prior to

official intervention within the framework of these

rules.

(2) Without prejudice to existing European Community

legislation on notification of outbreaks of animal disease, in case of

an outbreak of foot-and-mouth disease or a primary case of foot-

and-mouth disease in wild animals is confirmed, the competent

authority shall give notification of the disease and provide

information and written reports to the European Commission and

the other Member States in accordance with Schedule II.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

SURVEY

1. Clinical examination

Holdings must undergo clinical examinations of all animals of

susceptible species for signs or symptoms of foot-and-mouth disease.

Special emphasis must be laid on animals which may have been exposed

to foot-and-mouth disease virus with a high probability, notably transport from

holdings at risk or close contact to persons or equipment that had close contact to

FOOT-AND-MOUTH DISEASE (CONTROL MEASURES)

holdings at risk.

1.3.

The clinical examination must take into account the transmission of

foot-and-mouth disease, including the incubation period referred to in the definition

"incubation period” in rule 2, and the way in which animals of susceptible species

are kept.

1.4.

Relevant records kept on the holding must be examined in detail with

particular regard to data required for animal health purposes by European

Community legislation and, where available, on morbidity, mortality and abortion,

clinical observations, changes in productivity and feed intake, purchase or sale of

animals, visits of persons likely to be contaminated and other anamnestically

important information.

2. Procedures for sampling

2.1.

General provisions

2.1.1.

Serological sampling shall be carried out

2.1.1.1. according to the recommendations of the epidemiological team

established within the expert group referred to in rule 73, and

2.1.1.2. in support of tracing and the provision of evidence, taking also into

account the definition in Schedule I, for the absence of previous infection.

2.1.2.

Where sampling is carried out in the framework of disease surveillance

after an outbreak, actions shall not commence before at least twenty-one days have

elapsed since the elimination of susceptible animals on the infected holding(s) and

the carrying out of preliminary cleansing and disinfection, unless otherwise provided

for in this Schedule.

2.1.3.

Sampling of animals of susceptible species shall be carried out in

accordance with the provisions of this Schedule in each case where sheep and goats

or other susceptible animals not displaying clear clinical signs are involved in the

outbreak, and in particular where such animals have been isolated from bovine and

porcine animals.

2.2.

Sampling on holdings

In holdings where the presence of foot-and-mouth disease is suspected but in the

absence of clinical signs, sheep and goats, and on recom mendation of the

epidemiological team other susceptible species, should be examined pursuant to a

samp ling protocol suitable to detect 5% prevalence with at least 95% level of

confidence.

2.3.

Sampling in protection zones

In order to seek the repeal in accordance with rule 34 of the measures provided for

in rules 19 to 33, all holdings within the perimeters of the protection zone where

sheep and goats have not been in direct and close contact with bovine animals during

a period of at least twenty-one days prior to taking the samples shall be examined

pursuant to a sampling protocol suitable to detect 5% prevalence of disease with at

least 95% level of confidence.

H o w e v e r, t h e co m p e t e n t a u t h or i t i es m a y d e c i d e w h e r e e p i d e m i o l o gi c a l

circumstances allow and in particular in application of the measures provided for in

rule 34(1)(b), that samples are taken not earlier than fourteen days after the

elimination of susceptible animals on the infected holding(s) and the carrying out of

preliminary cleansing and disinfection, under the condition that the sampling is

carried out in accordance with point 2.3 using statistical parameters suitable to

detect 2% prevalence of disease within the herd with at least 95% level of

FOOT-AND-MOUTH DISEASE (CONTROL MEASURES)

confidence.

2.4.

Sampling in surveillance zones

In order to seek the repeal in accordance with rule 42 of the measures provided for

in rules 35 to 41, holdings within the perimeters of the surveillance zone where the

presence of foot-and-mouth disease in the absence of clinical signs must be

suspected, notably where sheep and goats are kept, shall be examined. For the

purpose of this survey the model of a multistage sampling shall be sufficient,

provided that samples are taken

2.4.1.

from holdings in all administrative units within the perimeter of the

zone where sheep and goats have not been in direct and close contact with bovine

animals during a period of at least thirty days prior to taking the samples, and

2.4.2.

from as many holdings referred to above as necessary to detect with at

least 95% level of confidence at least one infected holding if the estimated

prevalence of the disease was 2% equally distributed throughout the zone, and

2.4.3.

from as many sheep and goats per holding as necessary to detect 5%

prevalence of disease within the herd with at least 95% level of confidence, and from

all sheep and goats if there are less than fifteen sheep and goats on the holding.

2.5.

Sampling for monitoring

2.5.1.

For monitoring the areas outside the zones established in accordance

with the provisions of rule 19, and in particular to substantiate the absence of

infection in the sheep and goat population which is not in close and direct contact

with non-vaccinated bovine or porcine animals, a sampling protocol recommended

for monitoring purposes by the OIE or a sampling protocol as provided for in

paragraph 2.4 shall be applied with the difference compared to paragraph 2.4.2 that

the estimated herd prevalence shall be set at 1%.

3. The number of samples calculated in accordance with requirements in

paragraphs 2.2, 2.3 and 2.4.3 shall be increased in order to take into account the

established diagnostic sensitivity of the test employed.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) The competent authority shall ensure that the measures

provided for in sub-rules (2) and (3) are carried out where a holding

contains one or more animals suspected of being infected or

contaminated.

(2) The competent authority shall immediately activate official

investigation arrangements under its supervision to confirm or rule

out the presence of the foot-and-mouth disease and, in particular,

have the necessary samples taken for the laboratory examinations

required to confirm an outbreak in accordance with the definition

of outbreak in Schedule I.

(3) The competent authority shall place the holding referred to

in sub-rule (1) under official surveillance as soon as the suspected

infection is notified and shall in particular ensure that

(a) a census is made of all categories of animals on the

holding and that, in respect of each category of

animals of susceptible species, the number of animals

that are already dead and the animals suspected of

being infected or of being contaminated, is recorded;

(b) the census as referred to in paragraph (a) is kept up to

date to take account of those animals of susceptible

species born or dying during the period of suspicion.

Such information is produced by the owner on request

of the competent authority and is checked by that

authority at each visit;

(c) all stocks of milk, milk products, meat, meat products,

carcasses, hides and skins, wool, semen, embryos, ova,

slurry, manure as well as animal feed and litter on the

holding are recorded and those records are maintained;

(d) no animals of susceptible species enter or leave the

holding, except in cases of holdings consisting of

different epidemiological production units referred to

in rule 17, and that all animals of susceptible species

on the holding are kept in their living quarters or

another place where they can be isolated;

(e) appropriate means of disinfection are used at the

entrances and exits of buildings or places housing

animals of susceptible species and of the holding

itself;

(f)

an epidemiological inquiry is carried out in accordance

with rule 13;

(g) to facilitate the epidemiological inquiry, the necessary

samples shall be taken for laboratory testing in

accordance with point 2.1.1.1 of Schedule III.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

PRINCIPLES AND PROCEDURES FOR CLEANSING AND DISINFECTION

1. General principles and procedures

1.1.

Cleansing and disinfection operations as provided for in rule 11 shall be

carried out under official supervision and in accordance with the instructions given

by the official veterinarian.

1.2.

The disinfectants to be used and their concentrations shall be officially

recognised by the competent authority to ensure destruction of foot-and-mouth virus.

1.3.

The activity of disinfectants must not be impaired by prolonged storage.

1.4.

The choice of disinfectants and of procedures for disinfection should be

made taking into account the nature of the premises, vehicles and objects which are

to be treated.

1.5.

The conditions under which degreasing agents and disinfectants are used

must ensure that their efficacy is not impaired. In particular technical parameters

provided by the manufacturer, such as pressure, minimum temperature and required

FOOT-AND-MOUTH DISEASE (CONTROL MEASURES)

contact time must be observed. The activity of the disinfectant must not be

compromised by interaction with other substances, such as degreasing agents.

1.6.

Independently of the disinfectant used, the following general rules shall

apply

1.6.1. thorough soaking of bedding and litter as well as faecal matter with the

disinfectant,

1.6.2. washing and cleaning by careful brushing and scrubbing of all surfaces

possibly contaminated and in particular of the ground, floors, ramps and walls after

the removal or dismantling, where possible, of equipment or installations otherwise

impairing the effective cleansing and disinfection procedures,

1.6.3. then further application of disinfectant for a minimum contact time as

stipulated in the manufacturers recommendations;

1.6.4. the water used for cleaning operations is to be disposed of in such a way as

to avoid any risk of spreading the foot-and-mouth disease virus and in accordance

with the instructions of the official veterinarian.

1.7.

Where washing is carried out with liquids applied under pressure and

following the disinfection, recontamination of the previously cleansed or disinfected

parts must be avoided.

1.8.

Washing, disinfecting or destroying of equipment, installations, articles or

compartments likely to be contaminated should be included.

1.9.

Cleansing and disinfection operations required in the framework of these

rules must be documented in the holding register or, in the case of vehicles, in the

log-book and where official approval is required be certified by the supervising

official veterinarian.

2. Special provisions on cleansing and disinfection of infected holdings

2.1.

Preliminary cleansing and disinfection

2.1.1. During the killing of the animals all necessary measures shall be taken to

avoid or minimise the dispersion of foot-and-mouth virus. This shall include among

other things the installation of temporary disinfection equipment, supply of

protective clothing, showers, decontamination of used equipment, instruments and

facilities and the interruption of power supply to the ventilation.

2.1.2. Carcasses of killed animals must be sprayed with disinfectant and removed

from the holding in covered and leak-proof containers for processing and disposal.

2.1.3. As soon as the carcasses of the animals of susceptible species have been

removed for processing and disposal, those parts of the holding in which these

animals were housed and any parts of other buildings, yards, etc. contaminated

during killing, slaughter or post-mortem examination should be sprayed with

disinfectants approved for this purpose.

2.1.4. Any tissue or blood which may have been spilled during slaughter or post-

mortem examination and any gross contamination of buildings, yards, utensils, etc.

should be carefully collected and disposed of with the carcasses.

2.1.5. The used disinfectant shall remain on the surface for at least twenty-four

hours.

2.2.

Final cleansing and disinfection

2.2.1. Grease and dirt should be removed from all surfaces by the application of a

degreasing agent and washed with cold water.

FOOT-AND-MOUTH DISEASE (CONTROL MEASURES)

2.2.2. After washing with cold water further spraying with disinfectant should be

applied.

2.2.3. After seven days the premises should be treated again with a degreasing

agent, rinsed with cold water, sprayed with dis infectant and rinsed again with cold

water.

3. Disinfection of contaminated bedding, manure and slurry

3.1.

The solid phase of manure and used bedding should be stacked to heat,

preferably by adding 100 kg granulated quick lime on 1m 3 manure, ensuring a

temperature of at least 70°C throughout the stack, sprayed with disinfectant and left

for at least forty-two days, during which the stack should be either covered or rule

stacked to ensure thermic treatment of all layers.

3.2.

The liquid phase of manure and slurry should be stored for at least forty-

two days after the last addition of infective material. This period may be extended if

the slurry has been heavily contaminated or during adverse weather conditions. This

period may be shortened if disinfectant has been added so as to alter the pH

sufficiently throughout the substance to destroy the foot-and-mouth disease virus.

4. Special cases

4.1.

Where for technical or security reasons the cleansing and disinfection

procedures cannot be completed in accordance with these rules, the buildings or

premises must be cleansed and disinfected as much as possible to avoid spread of the

foot-and-mouth disease virus and must remain unoccupied by animals of susceptible

species for at least one year.

4.2.

By way of derogation from points 2.1 and 2.2, in case of open-air holdings,

the competent authority may establish specific procedures for cleaning and

disinfection, taking into account the type of holding and the climatic conditions.

4.3.

By way of derogation from point 3, the competent authority may establish

specific procedures for the disinfection of dung and manure in accordance with

scientific evidence that the procedure ensure effective destruction of the foot-and-

mouth disease virus.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

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

the measures provided for in rule 4, all movement onto and off a

holding where there is a suspicion of an outbreak of foot-and-

mouth disease is prohibited. That prohibition shall apply in

particular to

(a) movement from the holding of meat or carcasses, meat

products, milk or milk products, semen, ova or

embryos of animals of susceptible species or of animal

feed, utensils, objects or other substance, such as

wool, hides and skins, bristles or animal waste, slurry,

manure or anything liable to transmit foot-and-mouth

disease virus;

(b) movement of animals of species not susceptible to

foot-and-mouth disease;

(c) movement of persons onto or out of the holding;

(d) movement of vehicles onto or out of the holding.

(2) By way of derogation from the prohibition in sub-rule

(1)(a), the competent authority may in the event of difficulties in

storing the milk on the holding either order that the milk shall be

destroyed on the holding, or authorise the milk to be transported

under veterinary supervision and only by means of transport

suitably equipped to ensure no risk of spreading foot-and-mouth

disease virus from the holding to the nearest possible place for

disposal or treatment ensuring destruction of the foot-and-mouth

disease virus.

(3) By way of derogation from the prohibitions provided for in

sub-rule (1)(b), (c) and (d), the competent authority may authorise

such movements onto and off the holding subject to all conditions

necessary in order to avoid the spread of foot-and-mouth disease

virus.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

RESTOCKING OF HOLDINGS

1. General principles

1.1.

Restocking should not commence until twenty-one days after

completion of the final disinfection of the holding.

1.2.

Animals for restocking can only be introduced under the following

conditions

1.2.1.

the animals shall not come from areas subject to animal health

restrictions in relation to foot-and-mouth disease;

1.2.2.

the competent authority must be satisfied that any possible residual foot-

and-mouth disease virus can be detected in the animals intended for restocking either

on the base of clinical signs, in the case of bovine or porcine animals, or though

laboratory investigations in the case of other species susceptible to foot-and-mouth

disease, carried out at the end of the observation period specified in paragraph 1.3;

FOOT-AND-MOUTH DISEASE (CONTROL MEASURES)

1.2.3.

in order to ensure an adequate immune response referred to in paragraph

1.2.2 in the animals intend for restocking, the animals must

1.2.3.1. either originate in and come from a holding situated in an area of at least

10 km radius centred on that holding where there was no outbreak of foot-and-mouth

disease for at least thirty days, or

1.2.3.2. the animals have been tested with negative results in an assay as

described in Schedule XIII for the detection of antibodies against the foot-and-

mouth disease virus carried out on samples taken prior to introduction onto the

holding.

1.3.

Irrespective of the type of farming practised on the holding, re-

introduction must conform with the following procedures

1.3.1.

animals must be introduced in all units and buildings of the holding

involved;

1.3.2.

in the case of a holding consisting of more than one unit or building, re-

introduction is not necessary for every unit or building at the same time;

However no animals of species susceptible to foot-and-mouth disease

may leave the holding until all the re-introduced animals in all units and buildings

have fulfilled all re-stocking procedures.

1.3.3.

animals must be subjected to clinical inspection every three days for the

first fourteen days following the introduction;

1.3.4.

during the period from fifteen to twenty-eight days after re-introduction,

animals are to be subjected to clinical inspection once every week;

1.3.5.

not earlier than twenty-eight days after the last re-introduction, all

animals must be clinically examined and samples for testing for the presence of

antibody against foot-and-mouth disease virus shall be taken in accordance with the

requirements of point 2.2 of Schedule III;

1.4.

The restocking procedure shall be considered completed when the

measures provided for in point 1.3.5 have been completed with negative results.

2. Extension of measures and derogations

2.1.

The competent authority may impose

2.1.1.

the use of sentinel animals, in particular in holdings difficult to clean

and disinfect and notably openair holdings. Detailed provision on the use of

sentinels may be laid down in accordance with the procedure referred to in rule

78(1).

2.1.2.

additional safeguard and control measures within the framework of

restocking.

2.2.

The competent authorities may derogate from the measures provided for

in points 1.3.2 to 1.3.4 of this Schedule where restocking is carried out after three

months have elapsed following the last outbreak in an area of 10km radius centred

on the holding subject to the restocking operation.

3. Restocking in connection with emergency vaccination

3.1.

Restocking in a vaccination zone established in accordance with rule 50

shall be carried out either in accordance with paragraphs 1 and 2 of this Schedule or

in accordance with rules 56(2) or (4)(a), (c) and (d).

3.2.

The competent authority may authorise the restocking of holdings

situated outside the vaccination zone with vaccinated animals after the completion of

FOOT-AND-MOUTH DISEASE (CONTROL MEASURES)

the measures provided for in rule 59 and under the following conditions

3.2.1.

the proportion of vaccinated animals used for restocking exceeds 75% in

which case, not earlier than twenty-eight days after the last re-introduction of

animals of susceptible species, the vaccinated animals are tested for the detection of

antibodies against non-structural proteins, randomly, the sampling using the

statistical parameters provided for in point 2.2 of Schedule III and for the non-

vaccinated animals the provisions of paragraph 1 shall apply, or

3.2.2.

the proportion of vaccinated animals does not exceed 75% in which case

the non-vaccinated animals shall be considered sentinels and provisions of paragraph

1 shall apply.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) The competent authority shall extend the measures

provided for in rules 4 and 5 to other holdings where their location,

their construction and layout, or contacts with animals from the

holding referred to in rule 4, give reason to suspect contamination.

(2) The competent authority shall apply at least the measures

provided for in rules 4 and 5(1) to premises or means of transport

referred to in rule 16 should the presence of animals of susceptible

species give reason to suspect infection or contamination with the

foot-and-mouth disease virus.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

RESTRICTIONS ON THE MOVEMENT OF EQUIDAE

1. Minimum measures

Where at least one outbreak of foot-and-mouth disease has been confirmed in

accordance with rule 10, the competent authority shall ensure that equidae are not

dispatched to other Member States, unless accompanied in addition to the

identification document provided for in Decisions 93/623/EEC or 2000/68/EC by an

animal health certificate provided for in Annex C of European Council Directive 90/

426/EEC.

2. Recommended additional measures

2.1.

Measures during the stand-still

In the case where the competent authorities apply a complete stand-still as

provided for in rule 7(3), transport of equidae from holdings under restrictions laid

down in rules 4 and 10 may be authorised for equidae which need special veterinary

treatment in premises without animals of susceptible species, if the following

conditions are met

2.1.1.

the emergency must be documented by the veterinary surgeon on call

twenty-four hours per day, seven days per week;

2.1.2.

the agreement of the clinic of destination must be producible;

2.1.3.

the transport operation must be authorised by the competent authorities

who must be reachable twenty-four hours per day, seven days per week;

2.1.4.

equidae must be accompanied during the transport by an identification

document in accordance with Decisions 93/623/EEC or 2000/68/EC;

2.1.5.

the on-call official veterinarian must be informed about the route prior

to departure;

2.1.6.

equidae must be groomed and treated with an effective disinfectant;

2.1.7.

equidae must travel in dedicated equine transport which is recognisable

as such and cleansed and disinfected prior to and after use.

2.2.

Controls on equidae in relation to protection and surveillance zones

2.2.1.

Movement of equidae outside the protection and surveillance zones is

not subject to conditions in excess of those resulting from European Council

Directive 90/426/EEC.

FOOT-AND-MOUTH DISEASE (CONTROL MEASURES)

2.2.2.

Movement of equidae within the protection and surveillance zones

established in accordance with rule 19 is subject to the following conditions

2.2.2.1. the use of equidae kept on holdings in the protection and surveillance

zone not keeping animals of susceptible animals may be authorised in the protection

zone, subject to appropriate cleansing and disinfection measures, and may not be

restricted on premises situated in the surveillance zone;

2.2.2.2. equidae may be transported without restrictions in dedicated equine

transport to a holding not keeping animals of susceptible species;

2.2.2.3. the competent authorities may in exceptional cases authorise the

transport of equidae in dedicated or registered equine transport from a holding not

keeping animals of susceptible species to another holding keeping animals of

susceptible species situated in the protection zone, subject to cleansing and

disinfection of the transport prior to loading of the animals and before leaving the

holding of destination;

2.2.2.4. movement of equidae may be allowed on public roads, on pastures

belonging to holdings not keeping animals of susceptible species and exercise

premises.

2.2.3.

The collection of equine semen, ova and embryos from donor animals

on holdings not keeping animals of susceptible species in the protection and

surveillance zone and the transport of equine semen, ova and embryos to recipient

equine animals on holdings not keeping animals of susceptible species shall not be

restricted.

2.2.4.

Visits from owners of equidae, the veterinary surgeon, the inseminator

and the farrier on holdings keeping animals of susceptible species in the surveillance

zones but not subject to the restrictions provided for in rules 4 and 10 shall be

subject to the following conditions

2.2.4.1. equidae are kept separated from animals of susceptible species and

access of the persons referred to above to animals of susceptible species is

effectively prevented;

2.2.4.2.

all visitors must be registered;

2.2.4.3.

cleansing and disinfecting of means of transportation and of the boots of

visitors.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) The competent authority may establish a temporary

control zone, where required by the epidemiological-situation, and

in particular when that situation involves a high density of animals

of susceptible species, intensive movement of animals or persons in

contact with animals of susceptible species, delays in suspect status

notifications, or insufficient information on the possible origin and

ways of introduction of the foot-and-mouth disease virus.

(2) At least the measures provided for in rule 4(2) and (3)(a),

(b) and (d) and in rule 5(1) shall be applied to holdings in the

temporary control zone where animals of susceptible species are

kept.

(3) The measures applied in the temporary control zone may be

supplemented by a temporary ban on movements of all animals in a

larger area or on the whole of the territory of Malta. However, the

ban on movement of animals of species not susceptible to foot-and-

mouth disease shall not exceed seventy-two hours, unless justified

by exceptional circumstances.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

TREATMENT OF PRODUCTS TO ENSURE THE DESTRUCTION

OF FOOT-AND-MOUTH DISEASE VIRUS

PART A

Products of animal origin

1. Meat products that have undergone at least one of the treatments provided

for in the first column in Table 1 of Annex III of European Council Directive 2002/

99/EC.

2. Hides and skins complying with the requirements in Article 20 of European

Council Directive 2003/85/EC and points A(2)(c) or (d) of Chapter VI of Annex VIII

to European Council Regulation (EC) No 1774/2002.

FOOT-AND-MOUTH DISEASE (CONTROL MEASURES)

3. Sheep wool, ruminant hair and pig bristles complying with the requirements

in Article 20 of European Council Directive 2003/85/EC and point A(1) of Chapter

VI of Annex VIII to Regulation (EC) No 1774/2002.

4. Products derived from animals of susceptible species which have undergone

(a) either a heat treatment in a hermetically sealed container with an Fo

value of 3,00 or more; or

(b) a heat treatment in which the centre temperature is raised to at least

70°C for at least sixty minutes.

5. Blood and blood products of animals of susceptible species used for

technical purposes, including pharmaceuticals, in vitro diagnostics and laboratory

reagents which have undergone at least one of the treatments referred to in point

B(3)(e)(ii) of Chapter IV of Annex VIII to Regulation (EC) No 1774/2002.

6. Lard and rendered fats which have undergone the heat treatment referred to

in point B(2)(d)(iv) of Chapter IV of Annex VII to Regulation (EC) No 1774/2002.

7. Petfood and dogchews which comply with the requirements of points B(2),

(3) or (4) of Chapter II of Annex VIII to Regulation (EC) No 1774/2002.

8. Game trophies of ungulates which comply with the requirements of points

A(1), (3) or (4) of Chapter VII of Annex VIII to Regulation (EC) No 1774/2002.

9. Animal casings which in accordance with Chapter 2 of Annex I to Directive

92/118/EEC have been cleaned, scraped and either salted with sodium-chloride for

thirty days or bleached or dried after scraping and were protected from re-

contamination after treatment.

PART B

Products not of animal origin

1. Straw and forage which -

(a) either has undergone the action of -

(i)

steam in a closed chamber for at least ten minutes and at a

minimum temperature of 80°C, or

(ii) formalin fumes (formaldehyde gas) produced in a chamber kept

closed for at least eight hours and at a minimum temperature of

19°C, using commercial-type solutions at 35 - 40% concentration,

or

(b) has been stored in package or bales under shelter at premises situated

not closer than 2 km to the nearest outbreak of foot-and-mouth disease

and is not released from the premises before at least three months have

elapsed following the completion of cleansing and disinfection

measures provided for in rule 11 and in any case not before the end of

the restrictions in the protection zone.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) The competent authority may, where epidemiological

information or other evidence indicates, implement a preventive

eradication programme, including preventive killing of animals of

susceptible species likely to be contaminated and, if necessary, of

animals from epidemiologically-linked production units or

adjoining holdings.

(2) In that event, the taking of samples and clinical

examinations of animals of susceptible species shall be carried out

at least in accordance with point 2.1.1.1 of Schedule III.

(3) The competent authority shall notify the European

Commission prior to the implementation of the measures provided

for in this rule.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

PART A

Treatment of fresh meat

1. De-boned fresh meat

Meat as described in Article 2(a) of European Union Council Directive 64/433/

EEC together with diaphragms but excluding offal, from which the bone and the

main accessible lymphatic glands have been removed.

2. Trimmed offal

heart from which lymphatic glands, connective tissue and adhering fat

have been completely removed;

liver from which lymphatic glands, adhering connective tissue and fat

have been completely removed;

whole masseter muscles, incised in accordance with paragraph 41(a) of

Chapter VIII of Annex I to European Union Council Directive 64/433/

EEC, from which lymphatic glands, connective tissue and adhering fat

have been completely removed;

tongues with epithelium and without bone, cartilage and tonsils;

lungs from which the trachea and main bronchi and the mediastinal and

bronchial lymphatic glands have been removed;

other offal without bone or cartilage from which lymphatic glands,

connective tissue, adhering fat and mucous membrane have been

completely removed.

3. Maturation

maturation of carcasses at a temperature of more than + 2°C for at least

twenty-four hours;

pH value in the middle of Longissimus dorsi muscle recorded as less

than 6,0.

4. Effective measures must be applied to avoid cross-contamination.

PART B

Additional measures applicable to the production of fresh meat from animals

of susceptible species originating in the surveillance zone

1. Fresh meat, excluding heads, viscera and offals, intended for placing on the

market outside the protection and surveillance zone shall be produced according to

at least one of the following additional conditions

(a) in the case of ruminants

(i)

the animals have been subjected to the controls provided for in

Article 24(2), and

(ii) the meat is subject to the treatment provided for in points 1, 3 and

4 of Part A;

(b) in the case of all animals of susceptible species

(i)

the animals have been resident on the holding for at least twenty-

one days and are identified so as to allow the tracing of the

holding of origin, and

(ii) the animals have been subjected to the controls provided for in

rule 22(2), and

FOOT-AND-MOUTH DISEASE (CONTROL MEASURES)

(iii) the meat is clearly identified and detained under official

supervision for at least seven days and is not released until any

suspicion of infection with the foot-and-mouth disease virus on

the holding of origin has been officially ruled out at the end of the

detention period;

(c) in the case of all animals of susceptible species

(i)

the animals have completed a twenty-one-day standstill on the

holding of origin during which no animal of a species susceptible

to foot-and-mouth disease has been introduced onto the holding,

and

(ii) the animals have been subjected to the controls provided for in

rule 22(2) within twenty-four hours of loading, and

(iii) samples taken in accordance with the statistical requirements

provided for in point 2.2 of Schedule III within forty-eight hours

of loading have been tested with negative result in an assay for

the detection of antibodies against the foot-and-mouth disease

virus, and

(iv) the meat is detained under official control for twenty-four hours

and not released before a repeat inspection of the animals in the

holding of origin has ruled out on clinical inspection the presence

of infected or suspected of being infected animals.

2. Trimmed offal shall be marked with the health mark provided for in

European Union Council Directive 2002/99/EC and shall be subject to one of the

treatments provided for in point 1 in Part A of Schedule VII.

3. Other products shall be subjected to the treatment provided for in rule 30.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

The competent authority shall not withdraw the measures

provided for in rules 4 to 7 until the suspicion of foot-and-mouth

disease has been officially ruled out.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

TREATMENT OF MILK TO ENSURE DESTRUCTION

OF FOOT-AND-MOUTH VIRUS

PART A

Milk and milk products intended for human consumption

The following treatments are recognised to provide sufficient guaranties with

regard to the destruction of the foot-and-mouth disease virus in milk and milk

products for human consumption. Necessary precautions must be taken to avoid

contact of the milk or milk products with any potential source of foot-and-mouth

virus after processing.

1. Milk intended for human consumption must be subject to at least one of

the following treatments

sterilisation at a level of at least F 0 3;

UHT * treatment;

HTST † treatment applied twice to milk with a pH equal to or above 7,0;

*UHT = Ultra High Temperature treatment at 132°C for at least one second.

†HTST = High Temperature Short Time pasteurisation at 72°C for at least 15 seconds or equivalent

pasteurisation effect achieving a negative reaction to a phosphatase test.

FOOT-AND-MOUTH DISEASE (CONTROL MEASURES)

1.4.

HTST treatment of milk with a pH below 7,0;

1.5.

HTST combined with another physical treatment by

1.5.1.

either lowering the pH below 6 for at least one hour, or

1.5.2.

additional heating to 72°C or more, combined with desiccation.

2. Milk products must either undergo one of the above treatments or be

produced from milk treated in accordance with paragraph 1.

3. Any other treatment shall be decided in accordance with the procedure

referred to in rule 78(1), in particular in relation to raw milk products undergoing an

extended period of ripening including a lowering of the pH below 6.

PART B

Milk and milk products not intended for human consumption and milk

and milk products for animal consumption

The following treatments are recognised to provide sufficient guaranties with

regard to the destruction of the foot-and-mouth disease virus in milk and milk

products not intended for human consumption or intended for animal consumption.

Necessary precautions must be taken to avoid contact of the milk or milk products

with any potential source of foot-and-mouth virus after processing.

1. Milk not intended for human consumption and milk intended for animal

consumption must be subject to at least one of the following treatments

1.1.

sterilisation at a level of at least F 0 3;

UHT * combined with another physical treatment referred to in either

1.2.

paragraph 1.4.1 or 1.4.2;

HTST † applied twice;

1.3.

1.4.

HTST combined with another physical treatment by

1.4.1.

either lowering the pH below 6 for at least one hour, or

1.4.2.

additional heating to 72°C or more, combined with desiccation.

2. Milk products must either undergo one of the above treatments or be

produced from milk treated in accordance with paragraph 1.

3. Whey to be fed to animals of susceptible species and produced from

milk treated as described in paragraph 1 must be collected at least sixteen hours after

milk clotting and its pH must be recorded as <6.0 before transport to pig holdings.

*UHT = Ultra High Temperature treatment at 132°C for at least one second.

†HTST = High Temperature Short Time pasteurisation at 72°C for at least 15 seconds or equivalent

pasteurisation effect achieving a negative reaction to a phosphatase test.

FOOT-AND-MOUTH DISEASE (CONTROL MEASURES)

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) As soon as an outbreak of foot-and-mouth disease is

confirmed, the competent authority shall ensure that, in addition to

the measures provided for in rules 4 to 6 the following measures are

also applied without delay on the holding

(a) all animals of susceptible species shall be killed on-

the-spot. In exceptional circumstances the animals of

susceptible species may be killed at the nearest

suitable place for that purpose under official

supervision and in such a way as to avoid the risk of

spreading foot-and-mouth disease virus during

transport and killing. The competent authority shall

notify the European Commission about the existence

of such exceptional circumstances, and the action

taken;

(b) the official veterinarian shall ensure that before or

during the killing of the animals of susceptible species

all appropriate samples needed for the epidemiological

inquiry referred to in rule 13 have been taken in

accordance with point 2.1.1.1 of Schedule III, and in

sufficient numbers. The competent authority may

decide that rule 4(2) shall not apply in cases of

appearance of a secondary source which is

epidemiologically linked with a primary source for

which samples have already been taken in accordance

to that rule, provided that appropriate and sufficient

numbers of samples needed for the epidemiological

inquiry referred to in rule 13 have been taken;

(c) the carcasses of animals of susceptible species which

have died on the holding and the carcasses of animals

which have been killed in accordance with paragraph

(a) shall be processed without undue delay under

official supervision in such a way that there is no risk

of spreading foot-and-mouth disease virus. Where

particular circumstances require the carcasses to be

buried or burned, on site or off site, such operations

shall be carried out in conformity with the instructions

prepared in advance in the framework of the

contingency plans referred to in rule 67;

(d) all products and substances referred to in rule 4(3)(c)

shall be isolated until contamination can be ruled out,

or treated in accordance with the instructions of the

official veterinarian in such a way as to ensure the

destruction of any foot-and-mouth disease virus, or

processed.

(2) After the killing and processing of the animals of

susceptible species and the completion of the measures provided

for in sub-rule (1)(d), the competent authority shall ensure that

(a) the buildings used for housing animals of susceptible

species, their surroundings and the vehicles used for

their transportation, as well as all other buildings and

equipment likely to be contaminated shall be cleaned

and disinfected in accordance with rule 11;

(b) in addition, where there is a reasonable suspicion that

the living area for humans or the office area of the

holding are contaminated with the foot-and-mouth

disease virus, these areas shall also be disinfected by

appropriate means;

(c) restocking of animals is carried out in accordance with

Schedule V.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

CRITERIA FOR THE DECISION TO APPLY PROTECTIVE VACCINATION AND

GUIDELINES FOR THE EMERGENCY VACCINATION PROGRAMMES

1. Criteria for the decision to apply protective vaccination

Criteria

Decision

For vaccination Against vaccination

Population density of susceptible animals

High

Low

Predominant species clinically affected

Pigs

Ruminants

M o v e m e n t o f p o t e n t i a l l y i n f e c t e d a n i m a l s or Evidence

No evidence

products out of the protection zone

Predicted airborne spread of virus from infected High

Low or absent

holdings

Suitable vaccine

Available

Not available

Origin of outbreaks (traceability)

Unknown

Known

Incidence slope of outbreaks

Rising rapidly

Shallow or slow rise

Distribution of outbreaks

Widespread

Restricted

Public reaction to total stamping out policy

Strong

Weak

Acceptance of regionalization after vaccination

Yes

No

2. Additional citeria for the decision to introduce emergency vaccination

Criteria

Decision

For vaccination Against vaccination

Acceptance of regionalization by third countries

known

unknown

Economic assessment of competing control If

it

i s If it is foreseeable

strategies

foreseeable that a t h a t a c o n t r o l

control strategy s t r a t e g y

with

without

emergency

emergency

vaccination would

vaccination

lead to significantly

would lead to higher economic

significantly losses

in

the

higher economic a g r i c u l t u r a l a n d

losses in the non-agricultural

agricultural and sectors

non-agricultural

sectors

It is foreseeable that the 24/48 hours rule cannot be Yes

No

implemented effectively for two consecutive days

1 )

(

Significant social and psychological impact of total Yes

No

stamping out policy

Existence of large holdings of intensive livestock Yes

No

production in a non-densely populated livestock

area

( 1 ) 24/48 hours rule means

(a) infected herds on holdings referred to in rule 10 cannot be stamped out within 24 hours after the

confirmation of the disease, and

(b) the pre-emptive killing of animals likely to be infected or contaminated cannot be carried out with

less than 48 hours.

3. Definition of Densely Populated Livestock Areas (DPLAs)

3.1. When deciding about the measures to be taken in application of these rules,

and in particular the measures provided for in rule 50(2), the competent authority

FOOT-AND-MOUTH DISEASE (CONTROL MEASURES)

shall in addition to a thorough epidemiological assessment consider the definitions

of DPLAs as provided for in point 3.2. or where applicable as provided for in Article

2(u) of European Council Directive 2001/89/EC and use the definition which is the

more stringent.

The definition may be modified in the light of new scientific evidence in

accordance with the procedure referred to in rule 78(1).

3.2. Animals of susceptible species

In the case of animals of susceptible species a DPLA shall be a geographical area,

with a radius of 10 km around a holding containing animals of susceptible species

suspected of or infected with foot-and-mouth disease, where there is a density of

animals of susceptible species higher than 1 000 head per km 2 . The holding in

question must be situated either in a sub-region where there is a density of animals

of susceptible species higher than 450 head per km 2 or at a distance of less than 20

km from such a subregion.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) The competent authority shall ensure that cleansing

and disinfection operations, as integral parts of the measures

provided for in these rules, are adequately documented and are

carried out under official supervision and in accordance with the

instructions given by the official veterinarian, using disinfectants

and working concentrations of such disinfectants officially

au th orised and r egi stered for p laci ng o n t he marke t b y the

competent authority as veterinary hygiene biocidal products in

accordance with European Union Directive 98/8/EC, in order to

ensure destruction of the foot-and-mouth disease virus.

(2) The competent authority shall ensure that cleansing and

disinfection operations, which shall include appropriate pest

control, are carried out in a way to reduce as much as possible any

adverse environmental impact that may arise from such operations.

(3) The competent authority shall endeavour to ensure that any

disinfectants used, in addition to being able to disinfect effectively,

also have the lowest possible adverse impacts on the environment

and public health in accordance with best available technology.

(4) The competent authority shall ensure that cleansing and

disinfection operations are carried out in accordance with Schedule

IV.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

PART A

National laboratories authorised to handle live foot-and-mouth disease virus

Member State

Laboratory

Member States using

where Laboratory

the services of

is situated

laboratory

Belgium

Veterinary and Agrochemical Research Centre Belgium

CODA-CERVA-VAR, Uccle

Luxembourg

Denmark

D a n i s h Ve t e r i n a r y I n s t i t u t e , D e p a r t m e n t o f Denmark

Virology, Lindholm

Finland

Sweden

Germany

B u n d e s f o r s c h u n g s a n s t a l t d e r T i e r e f ü r Germany

Viruskrankheiten,

- Anstalsteil Tübingen

- Anstaltsteil Friedrich-Loeffler-Institut, Insel

Riems

Greece

Ivoτιτovτo αφξωδovς πvρετov, Αγια Παρασκεvη Greece

Αττικης

Spain

Laboratorio Central de Veterinaria Algete, Madrid Spain

France

Agence francaise de sécurité sanitaire des aliments France

(AFSSA)

- Laboratoire d’études et de recherches en

pathologie bovine et hygiène des viandes, Lyon

- Laboratoire d’études et de recherches en

pathologie animale et zoonoses, Maison-Alfort

Italy

I s t i t u t o z o o p r o f i l a t t i c o s p e r i m e n t a l e d e l l a Italy

Lombardia e dell’Emilia Romagna, Brescia

Netherland

CIDC-Lelystad, Central Institute for Animal Netherlands

Disease Control, Lelystad

Austria

Austria Österreichische Agentur für Gesundheit Austria

und Ernährungssicherheit

Veterinärmedizinische Untersuchungen Mödling

United Kingdom Institute for Animal Health, Pirbright

United Kingdom

Ireland

Sweden

Finland

FOOT-AND-MOUTH DISEASE (CONTROL MEASURES)

PART B

Laboratories authorised to andel live foot-and-mouth virus for vaccine production

Member State

Manufacturer

Germany

Bayer AG, Köln

France

Merial, S.A.S., Laboratoire IFFA, Lyon

Netherlands

CIDC-Lelystad, Central Institute for Animal Disease Control, Lelys tad

United Kingdom

Merial, S.A.S., Pirbright Laboratory, Pirbright

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

The competent authority shall ensure that the products and

substances referred to in rule 4(3)(c) of animals of susceptible

species collected from a holding where an outbreak of foot-and-

mouth disease has been confirmed and semen, ova and embryos

collected from animals of susceptible species present on that

holding, during the period between the probable introduction of the

disease to the holding and the implementation of official measures,

shall be traced and processed or, in the case of substances other

than semen, ova and embryos, be treated under official supervision

and in such a way as to ensure destruction of foot-and-mouth

disease virus and to avoid any risk of it spreading further.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

BIOSECURITY STANDARDS FOR LABORATORIES AND ESTABLISHMENTS

HANDLING LIVE FOOT-AND-MOUTH DISEASE VIRUS

1. The laboratories and establishments handling live foot-and-mouth disease

virus must meet or exceed the minimum requirements laid down in the ‘Minimum

standards for Laboratories working with foot-and-mouth virus in vitro and in vivo’

established by the European Commission for the control of foot-and-mouth disease,

26th session, Rome, April 1985, as modified in 1993.

2. The laboratories and establishments handling live foot-and-mouth disease

virus must be subject to at least two inspections within five years, with one of the

inspections being carried out unannounced.

3. The inspection team shall comprise at least of

-

one expert from the Commission,

-

one expert in foot-and-mouth disease,

-

one independent expert for questions of bio-security in laboratories

working with microbiological hazards.

4. The inspection team shall submit a report to the Commission and the

Member States in accordance with European Union Council Decision 98/139/EC.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) The competent authority shall ensure that

epidemiological inquiries in relation to outbreaks of foot-and-

mouth disease are carried out by specifically trained veterinarians

on the basis of questionnaires, prepared within the framework of

the contingency plans provided for in rule 67, to ensure

standardised, speedy and targeted inquiries. Such inquiries shall

deal at least with

(a) the length of time during which the foot-and-mouth

disease may have been present on a holding before

being suspected or notified;

(b) the possible origin of the foot-and-mouth disease virus

on a holding and the identification of other holdings

where there are animals suspected of being infected or

animals suspected of being contaminated from the

same source;

(c) the possible extent to which animals of susceptible

species other than bovine and porcine animals may

have been infected or contaminated;

(d) the movement of animals, persons, vehicles and the

substances referred to in rule 4(3)(c) likely to have

carried the foot-and-mouth disease virus to or from the

holdings in question.

(2) The competent authority shall inform and regularly update

the European Commission and the other Member States about the

epidemiology and spread of the foot-and-mouth disease virus.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

DIAGNOSTIC TESTS AND STANDARDS FOR FOOT-AND-MOUTH DISEASE

AND FOR THE DIFFERENTIAL DIAGNOSIS OF OTHER VESICULAR

VIRUS DISEASES

In the context of this Schedule, a ‘test’ refers to a laboratory diagnostic procedure

and a ‘standard’ to a reference reagent that has become an internationally accepted

standard following a procedure of comparative testing carried out in several different

laboratories.

PART A

Diagnostic tests

1. Recommended procedures

Diagnostic tests described in the OIE Manual, hereinafter the ‘OIE Manual’, as the

‘Prescribed Tests’ for international trade, constitute the reference tests for vesicular

FOOT-AND-MOUTH DISEASE (CONTROL MEASURES)

disease diagnosis within the Community. National Laboratories must adopt

standards and tests at least as stringent as those defined in the OIE Manual.

The Commission may, in accordance with the procedure referred to in rule 78(1)

decide to adopt more stringent testing procedures than those defined in the OIE

Manual.

2. Alternative procedures

The use of tests defined in the OIE Manual as ‘Alternative Tests’, or other tests

not included in the OIE Manual, is permitted provided that the performance of the

test has been shown to match or exceed the sensitivity and specificity parameters

laid down in the OIE Manual or in the annexes to Community legislation, whichever

is the more stringent.

National Laboratories generating results for the purposes of national, intra-

Community or international trade must generate and store the necessary records

demonstrating compliance of their testing procedures with the relevant OIE or

Community requirements.

3. Standards and quality control

National Laboratories shall participate in periodic standardisation and external

quality assurance exercises organised by the Community Reference Laboratory.

In the framework of such exercises, the Community Reference Laboratory may

take account of the results achieved by a National Laboratory which has within a

reasonable timespan participated in a quality assurance exercise organised by one of

the international organisations responsible for external quality assurance of vesicular

virus disease diagnosis, such as OIE, the Food and Agriculture Organisation (FAO)

of the United Nations or the International Atomic Energy Agency.

National Laboratories shall operate internal quality assurance programmes. The

specification of such programmes may be laid down in accordance with the

procedure referred to in rule 78(1). Pending the adoption of detailed provisions, the

specifications in the OIE Guidelines for Laboratory Quality Evaluation shall apply

(OIE Standards Commission, September 1995).

As part of quality assurance, National Laboratories shall demonstrate compliance

of the tests in routine use with the requirements for sensitivity and specificity

defined in the OIE Manual, or in Schedule XIV, whichever is more stringent.

4. Procedures for adoption and review of tests and standards for vesicular virus

disease diagnosis.

Tests and standards for vesicular virus disease diagnosis shall be adopted in

accordance with the procedure referred to in rule 78(1).

The Commission may consider the scientific advice produced by the meetings of

the National Laboratories to be organised by the Community Reference Laboratory.

5. Compliance procedure

Data from standardisation and external quality assurance exercises organised by

the Community Reference Laboratory shall be assessed at the annual meetings of the

National Laboratories and communicated to the Commission for review of the list of

National Laboratories as laid down in Part A of Schedule XI.

Those laboratories whose tests do not meet the prescribed requirements for

sensitivity and specificity shall be required by the Commission to adapt their

procedures within an appropriate period of time to ensure that these requirements are

met. Failure to demonstrate the required level of proficiency within the time limit

FOOT-AND-MOUTH DISEASE (CONTROL MEASURES)

required shall result in loss of recognition within the Community of all testing

performed after that deadline.

6. Selection and transportation of samples

An aliquot of field material should be sent to one of the laboratories listed in Part

A of Schedule XI. However, where such samples are not available or not suitable for

transport, animal passage material, obtained from the same host species, or low

passage cell culture material is acceptable.

The history of animal or cell passage material should be provided.

Samples for vesicular virus diagnosis can be transported at 4°C if the anticipated

transport time to the recipient laboratory is less than twenty-four hours.

For oesophageal-pharyngeal (probang) samples, transportation above solid carbon

dioxide or liquid nitrogen is recommended, especially if delays at airports cannot be

excluded.

Special precautions are required for the safe packaging of material from suspect

cases of foot-and-mouth disease both within and between countries. These rules are

mainly designed to prevent breakage or leakage of containers and the risk of

contamination, but are also important to ensure that specimens arrive in a

satisfactory state. Ice-packs are preferred to wet ice to prevent the possibility of

escape of water from the package.

Prior notice of arrival, and agreement for receipt, must be arranged with the

receiving laboratory before despatch of samples.

Compliance with the import and export rules of the Member States involved must

be ensured.

PART B

Standards

The protocols specified in the OIE Manual provide reference procedures for virus

isolation, antigen detection and antibody detection for vesicular diseases.

1. Foot-and-mouth disease

1.1. Antigen detection

The standards for detecting foot-and-mouth disease virus antigen shall be

established in accordance with the procedure referred to in rule 78(1) after

consultation of the Community Reference Laboratory.

Standardised, inactivated antigens of all seven serotypes are available from the

OIE/FAO World Reference Laboratory for foot-and-mouth disease (WRL).

National Laboratories should ensure that their antigen detection system complies

with these minimum standards. They shall where necessary receive advice from the

Community Reference Laboratory on the dilutions of these antigens to be used as

strong and weak positive controls.

1.2. Virus isolation

The standards for foot-and-mouth disease virus detection shall be established in

accordance with the procedure referred to in rule 78(1) after consultation of the

Community Reference Laboratory.

Isolates of foot-and-mouth disease virus are available from the WRL.

National Laboratories shall ensure that the tissue culture systems in use for foot-

and-mouth virus isolation are sensitive to the full range of serotypes and strains for

FOOT-AND-MOUTH DISEASE (CONTROL MEASURES)

which the laboratory maintains a diagnostic capacity.

1.3. Nucleic acid detection methods

The standards for the detection of foot-and-mouth disease viral RNA shall be

established in accordance with the procedure referred to in rule 78(1) after

consultation of the Community Reference Laboratory.

The Commission may arrange that for future standardisation, comparative testing

of the sensitivity of RNA detection methods is carried out between National

Laboratories.

The Commission may arrange that, taking into account the practical difficulties of

storing nucleic acids for prolonged periods of time, standardised quality assurance

reagents for the detection of foot-and-mouth viral RNA will become available from

the Community Reference Laboratory.

1.4. Antibody detection (structural proteins)

The standards for the detection of antibody to foot-and-mouth disease virus shall

be established in accordance with the procedure referred to in rule 78(1) after

consultation of the Community Reference Laboratory.

Standardised antisera for foot-and-mouth disease virus types O1-Manisa, A22-Iraq

and C-Noville have been defined by the ‘FAO Phase XV Standardisation Exercise in

foot-and-mouth disease antibody detection’ in 1998.

The Commission may arrange that standardised reference sera for all the main

antigenic variants of foot-and-mouth disease virus are adopted as a result of

standardisation exercises between the Community Reference Laboratory and the

National Laboratories. These reference sera will be adopted as the standards for use

by National Laboratories within the Community.

1.5. Antibody detection (non-structural proteins )

The standards for the detection of antibody to foot-and-mouth disease virus shall

be established in accordance with the procedure referred to in rule 78(1) after

consultation of the Community Reference Laboratory.

The Commission may arrange that standardised reference sera are adopted as a

result of standardization exercises between the Community Reference Laboratory

and the National Laboratories. These reference sera will be adopted as the standards

for use by National Laboratories within the Community.

2. Swine vesicular disease (SVD)

Diagnosis of SVD must be carried out in accordance with Decision 2000/428/EC.

3. Other vesicular diseases

Where necessary, the Commission may arrange that standards for the laboratory

diagnosis of vesicular stomatitis or vesicular exanthema of swine are established in

accordance with the procedure referred to in rule 78(1).

The competent authority may maintain the laboratory capacity to diagnose the

vesicular virus diseases other than foot-and-mouth disease and SVD, i.e. vesicular

stomatitis and vesicular exanthema of swine. National Laboratories wishing to

maintain a diagnostic capacity for these viruses can obtain reference reagents from

the WRL, Pirbright or from the relevant OIE Reference Laboratory.

FOOT-AND-MOUTH DISEASE (CONTROL MEASURES)

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) The competent authority may order that, besides the

animals of susceptible species, animals of species not susceptible to

foot-and-mouth disease on the holding where an outbreak of foot-

and-mouth disease has been confirmed shall also be killed and

processed of in such a way as to avoid any risk of spreading the

foot-and-mouth disease virus

Provided that the provisions of this sub-rule do not apply to

animals of species not susceptible to foot-and-mouth disease which

may be isolated, effectively cleansed and disinfected, and provided

that they are individually identified, in the case of equidae in

accordance with European Community legislation, so as to allow

the control of their movement.

(2) The competent authority may apply the measures provided

for in rule 10(1)(a) on epidemiologically-linked production units or

adjoining holdings, where epidemiological information or other

evidence give reason to suspect a possible contamination of those

holdings. The intention to make use of those provisions shall be

notified to the European Commission, where possible, prior to

implementation. In this event, the measures regarding taking of

samples and clinical examinations of animals shall be carried out at

least as set out in point 2.1.1.1 of Schedule III.

(3) The competent authority shall, immediately upon

confirmation of the first outbreak of foot-and-mouth disease,

prepare all arrangements necessary for emergency vaccination in an

area of at least the size of the surveillance zone established in

accordance with rule 19.

(4) The competent authority may apply the measures provided

for in rules 7 and 8.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

COMMUNITY ANTIGEN AND VACCINE BANK

1. Conditions for the supply and storage of the concentrated inactivated

antigen supplied to the Community antigen and vaccine bank

(a) each antigen consists of a single homogeneous batch;

(b) each batch is split in order to permit it to be stored at two separate

geographical sites under the responsibility of the designated premises of

the Community antigen and vaccine bank;

(c) the antigen meets at least the requirements of the European

Pharmacopoeia and the relevant provisions of the OIE Manual;

(d) the principles of Good Manufacturing Practise are maintained

throughout the production process and this shall include the storage and

finishing of the vaccine reconstituted from the antigens in store;

(e) if not otherwise specified in the texts referred to in point (c), the antigen

is purified to remove nonstructural proteins of the foot-and-mouth

disease virus. The purification shall at least ensure that the residual

content of non-structural proteins in vaccines reconstituted from such

antigen does not induce detectable levels of antibody against non-

structural proteins in animals which had received one initial and one

subsequent booster vaccination.

2. Conditions for the formulation, finishing, bottling, labelling and delivery of

vaccines reconstituted from concentrated inactivated antigen supplied to the

Community antigen and vaccine bank

(a) rapid formulation into vaccine of the antigen;

(b) production of a safe, sterile and efficient vaccine with a potency of at

least 6 PD50 in accordance with the tests prescribed by the European

Pharmacopoeia, and suitable for use in case of emergency vaccination

of ruminants and pigs;

(c) a capacity to formulate from concentrated inactivated antigen in stock

(i)

up to one million doses of vaccine within four days of instruction

from the Commission;

(ii) additionally, up to four million doses of vaccine within 10 days of

instruction from the Commission;

(d) rapid bottling, labelling and distribution of the vaccine according to the

specific needs of the area where vaccination is to be carried out.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) Where an outbreak of foot-and-mouth disease

threatens to infect animals of susceptible species in a laboratory,

zoo, wildlife park, and fenced area or in bodies, institutes or centres

approved in accordance with Article 13(2) of European Directive

92/65/EEC and where animals are kept for scientific purposes or

purposes related to conservation of species or farm animal genetic

resources, the competent authority shall ensure that all appropriate

bio-security measures are taken to protect such animals from

infection. Those measures may include restricting access to public

institutions or making such access subject to special conditions.

(2) Where an outbreak of foot-and-mouth disease is confirmed

in one of the premises referred to in sub-rule (1), the competent

authority may decide to derogate from rule 10(1)(a), provided that

basic European Community interests, and in particular the animal

health status of other Member States, are not endangered and that

all necessary measures are in place to prevent any risk of spreading

foot-and-mouth disease virus.

(3) The decision referred to in sub-rule (2) shall immediately

be notified to the European Commission. In the case of farm animal

genetic resources, this notification shall include a reference to the

list of premises established in accordance with rule 72(2)(f), by

which the competent authority has identified these premises in

advance as breeding nucleus of animals of susceptible species

indispensable for the survival of a breed.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

FUNCTIONS AND DUTIES OF NATIONAL LABORATORIES

The functions and duties of National Laboratories referred to in Article 68 for

foot-and-mouth and other vesicular diseases shall be as follows

1. All National Laboratories handling live foot-and-mouth disease virus must

operate under high security conditions laid down in ‘Minimum Standards for

Laboratories working with foot-and-mouth disease virus in vitro and in vivo’,

European Commission for the Control of Foot-and-Mouth Disease - 26th Session,

Rome, 1985, as amended by Appendix 6(ii) of the Report of the 30th Session, Rome,

FOOT-AND-MOUTH DISEASE (CONTROL MEASURES)

1993.

2. National Laboratories must provide an uninterrupted service for diagnosing

vesicular viral diseases and must be equipped and skilled for providing a rapid initial

diagnosis.

3. National Laboratories must keep inactivated reference strains of all

serotypes of foot-and-mouth disease virus, and immune sera against the viruses, as

well as all other reagents necessary for a rapid diagnosis. Appropriate cell cultures

should be in constant readiness for confirming a negative diagnosis.

4. National Laboratories must be equipped and skilled for large-scale

serological surveillance.

5. In all suspected primary outbreaks appropriate samples must be collected

and quickly transported, according to a set protocol, to a National Laboratory. In

anticipation of a suspicion of foot-and-mouth disease, the competent authority shall

ensure that the necessary equipment and materials for sample collection and

transportation to a National Laboratory are stored in readiness at local sites.

6. Antigenic typing and genomic characterisation must be carried out on all

viruses responsible for new incursions into the Community. This can be performed

by the National Laboratory, if facilities exist. Otherwise, at the earliest possible

occasion, the National Laboratory must send a sample of virus from the primary case

to the Community Reference Laboratory for confirmation and further

characterisation, including advice on the antigenic relationship of the field strain to

vaccine strains in the Community antigen and vaccine banks. The same procedure

should be followed for viruses received by National Laboratories from third

countries in situations where characterisation of the virus is likely to be of benefit to

the Community.

7. National Laboratories should provide disease data to the competent

authority, which shall provide these data to the Community Reference Laboratory.

8. National Laboratories should collaborate with the Community Reference

Laboratory in ensuring that members of the field section of State Veterinary Services

have the opportunity of seeing clinical cases of foot-and-mouth disease in National

Laboratories as part of their training.

9. National Laboratories shall collaborate with the Community Reference

Laboratory and other National Laboratories to develop improved diagnostic methods

and exchange relevant materials and information.

10. National Laboratories shall participate in external quality assurance and

standardisation exercises organised by the Community Reference Laboratory.

11. National Laboratories shall use tests and standards that meet or exceed the

criteria laid down in Schedule XIII. National Laboratories shall provide the

Commission on request with data proving that the tests in use meet or exceed the

requirements.

12. National Laboratories should have the competence to identify all vesicular

disease viruses and encephalomyocarditis virus in order to avoid delays in diagnosis

and consequently in implementing control measures by the competent authorities.

13. National Laboratories shall cooperate with other laboratories designated by

the competent authorities for performing tests, for example serological tests, that do

not involve handling of live foot-and-mouth disease virus. These laboratories shall

not carry out virus detection in samples taken from suspect cases of vesicular

diseases. Such laboratories need not comply with the bio-security standards referred

to in Schedule XII, point 1, but must have established procedures which ensure that

FOOT-AND-MOUTH DISEASE (CONTROL MEASURES)

the possible spread of foot-and-mouth disease virus is effectively prevented.

Samples giving inconclusive results in tests must be transmitted to the National

Reference Laboratory for carrying out confirmatory tests.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) Where a case of foot-and-mouth disease is confirmed

in a slaughterhouse, a border inspection post established in

accordance with European Union Council Directive 91/496/EEC or

in a means of transport, the competent authority shall ensure that

the following measures are carried out in relation to the affected

premises or means of transport

(a) all animals of susceptible species in such premises or

means of transport shall be killed without delay;

(b) the carcasses of the animals referred to in paragraph

(a) shall be processed under official supervision in

such a way as to avoid the risk of foot-and-mouth

disease virus spreading;

(c) other animal waste, including offal, of infected or

suspected of being infected and contaminated animals

shall be processed under official supervision in such a

way as to avoid the risk of foot-and-mouth disease

virus spreading;

(d) dung, manure and slurry shall be subject to

disinfection and shall only be removed for treatment in

accordance with point 5 of Section II in Part A of

Chapter III of Annex VIII to European Regulation No

1774/2002;

(e) cleansing and disinfection of buildings and equipment,

including vehicles or means of transport, shall take

place under the supervision of the official veterinarian

in accordance with rule 11 and with the instructions

laid down by the competent authority;

(f)

an epidemiological inquiry shall be carried out in

accordance with rule 13.

(2)

The competent authority shall ensure that the measures

provided for in rule 18 are applied in contact holdings.

(3) The competent authority shall ensure that no animals are

reintroduced for slaughter, inspection or transport in the premises

or means of transport referred to in sub-rule (1) until at least

twenty-four hours after completion of the cleansing and

disinfection operations referred to in sub-rule (1)(e).

(4) Where required by the epidemiological situation, in

particular where contamination of animals of susceptible species in

holdings adjacent to the premises or means of transport referred to

in sub-rule (1) must be suspected, the competent authority shall

ensure that by way of derogation from the definition of a ‘holding’

in rule 2, second sentence, an outbreak is declared on the premises

or means of transport referred to in sub-rule (1), and the measures

provided for in rules 10 and 19 are applied.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

CRITERIA AND REQUIREMENTS FOR CONTINGENCY PLANS

The competent authority shall ensure that contingency plans meet at least the

following requirements

1. Provision shall be made to ensure the legal powers necessary for the

implementation of contingency plans and allow for a rapid and successful

eradication campaign.

2. Provision must be made to ensure access to emergency funds, budgetary

means and financial resources in order to cover all aspects of the fight against a foot-

and-mouth disease epizootic.

3. A chain of command shall be established guaranteeing a rapid and effective

decision-making process for dealing with foot-and-mouth disease epizootics. A

central decision-making unit shall be in charge of the overall direction of control

strategies and the chief veterinary officer shall be a member of this unit.

4. The competent authority must be prepared to immediately establish a

functional national disease control centre in the event of an outbreak, which shall

coordinate the implementation of all decisions taken in the central decision-making

unit. A permanently operational coordinator shall be appointed to guarantee the

prompt establishment of the centre.

5. Detailed plans shall be available to enable the competent authority to be

prepared for the immediate establishment of local disease control centres in the

event of foot-and-mouth disease outbreaks in order to implement disease control and

environment protection measures at a local level.

6. The competent authority shall ensure the cooperation between the national

disease control centre, the local disease control centres and environmental competent

authorities and bodies in order to ensure that actions on veterinary and

environmental safety issues are appropriately coordinated.

7. A permanently operational expert group shall be created, where necessary in

collaboration with other Member States, to maintain expertise and assist the relevant

authority in qualitative disease preparedness.

8. Provision must be made for adequate resources to ensure a rapid and

effective campaign, including personnel, equipment and laboratory capacity.

9. An up-to-date operations manual shall be available. It shall describe in

detail and in a comprehensive and practical way all the actions procedures,

instructions and control measures to be employed in handling an outbreak of foot-

and-mouth disease.

10. Detailed plans shall be available for emergency vaccination.

11. Staff shall be regularly involved in

11.1. training in clinical signs, epidemiological enquiry and control of epizootic

diseases;

FOOT-AND-MOUTH DISEASE (CONTROL MEASURES)

11.2. real-time alert exercises, conducted as follows

11.2.1. two times within a five years period, the first of which should not have

started later than three years after the approval of the plan, or

11.2.2. during the five years period after an outbreak of a major epizootic disease

has been effectively controlled and eradicated, or

11.2.3. one of the two exercises referred to in paragraph 11.2.1 is replaced by a

real-time exercise required within the framework of contingency plans for other

major epidemic diseases affecting terrestrial animals, or

11.2.4. by way of derogation from paragraph 11.2.1 and subject to appropriate

provisions in the contingency plan, Malta may arrange for the participation in and

contribution to real-time exercises carried out in a neighbouring Member States and

alarm-drills are carried out as provided for in paragraph (g)(ii) of Annex VII of

European Union Council Directive 2001/89/EC in relation to all animals of species

susceptible to foot-and-mouth disease.

11.3. Training in communication skills to provide ongoing disease awareness

campaigns for authorities, farmers and veterinarians.

12. Contingency Plans shall be prepared taking into account the resources

needed to control a large number of outbreaks occurring within a short time and

caused by several antigenically distinct serotypes or strains as it may be necessary

amongst others in the case of deliberate release of foot-and-mouth disease virus.

13. Without prejudice to veterinary requirements, contingency plans shall be

prepared with a view to ensuring that in the event of an outbreak of foot-and-mouth

disease, any mass disposal of animal carcasses and animal waste is done without

endangering human health and without using processes or methods which prevent

any avoidable damage to the environment and in particular

(i)

with a minimum risk to soil, air, surface and groundwater, to plants and

animals,

(ii) with a minimum nuisance through noise or odours,

(iii) with a minimum adverse effect to the countryside or places of special

interest.

14. Such plans shall include the identification of appropriate sites and

undertakings for the treatment or disposal of animal carcasses and animal waste in

the event of an outbreak.

15. The competent authority shall ensure that farmers, the rural populace and

the population in general are kept informed. Direct and accessible contact shall be

provided for the inhabitants of affected areas (inter alia via helplines), as well as

information through the national and regional media.

FOOT-AND-MOUTH DISEASE (CONTROL MEASURES)

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) In the case of holdings which consist of two or more

sep arate p rod uctio n un its, the comp etent autho rit y m ay, in

exceptional cases and after considering the risks, derogate from

rule 10(1)(a) as regards production units of such holdings not

affected by foot-and-mouth disease.

(2) The derogation provided for in sub-rule (1) shall only be

granted after the official veterinarian has confirmed at the time of

the official investigation referred to in rule 4(2), that the following

conditions to prevent the spread of foot-and-mouth disease virus

between the production units referred to in sub-rule (1), have been

in place for at least two incubation periods prior to the date the

outbreak of foot-and-mouth disease was identified on the holding

(a) the structure, including the administration, and size of

the premises allow a complete separation of housing

and keeping for the distinct herds of animals of

susceptible species, including separate air space;

(b) the operations on the different production units, and in

particular stable and pasture management, feeding,

removal of dung or manure are completely separated

and carried out by different personnel;

(c) the machinery, working animals of species not

susceptible to foot-and-mouth disease, equipment,

installations, instruments and disinfection facilities

used in the production units are completely separate.

(3) In relation to milk, a derogation from rule 10(1)(d) may be

granted to a holding producing milk provided that

(a) such holding complies with the conditions set out in

sub-rule (2), and

(b) milking in each unit is carried out separately, and

(c) depending on the intended use, the milk is subject to at

least one of the treatments described in Part A or Part

B of Schedule IX.

(4) Where a derogation is granted in accordance with sub-rule

(1), the competent authority shall lay down in advance detailed

rules for applying such derogation. The competent authority shall

notify the European Commission of the derogation and provide

details of the measures taken.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

PART A

Measures in case of confirmation of the presence of foot-and-mouth disease

in wild animals

1. As soon as confirmation of a primary case of foot-and-mouth disease in wild

animals of susceptible species has taken place, in order to reduce the spread of

disease, the competent authority shall immediately

(a) notify the primary case in accordance with Schedule II;

(b) epidemiologists. The expert group shall assist the competent authority

(i)

studying the epidemiological situation and defining an infected

area, in accordance with the provisions laid down in point 4(b) of

Part B,

(ii) establishing appropriate measures to be applied in the infected

area in addition to the ones referred to in points (c) and (d); these

measures may include suspension of hunting and a ban in feeding

wild animals,

(iii) drawing up the eradication plan to be submitted to the

Commission in accordance with Part B,

(iv) carrying out audits to verify the effectiveness of the measures

adopted to eradicate foot-and-mouth disease from the infected

area;

(c) place under official surveillance holdings keeping animals of

susceptible species in the defined infected area and shall in particular

order that

(i)

an official census be carried out of all species and categories of

animals of susceptible species on all holdings; the census shall be

kept up to date by the owner. The information in the census shall

be produced on request and may be checked at each inspection.

However, as regards open-air holdings, the first census carried out

may be done on the basis of an estimate,

(ii) all animals of susceptible species on the holdings situated in the

infected area be kept in their living quarters or some other place

where they can be isolated from wild animals. Wild animals must

not have access to any material which may subsequently come in

contact with animals of susceptible species on the holdings,

(iii) no animal of a susceptible species enter or leave the holding save

where authorised by the competent authority having regard to the

epidemiological situation,

(iv) appropriatemeans of disinfection be used at the entrance and exits

of buildings housing animals of susceptible species and of the

holding itself,

(v) appropriate hygiene measures be applied by all persons coming in

contact with wild animals, to reduce the risk of spread of foot-

and-mouth disease virus, which may include a temporary ban on

persons having been in contact with wild animals from entering a

holding keeping animals of susceptible species,

(vi) all dead or diseased animals of susceptible species with foot-and-

mouth disease symptoms on a holding be tested for the presence

FOOT-AND-MOUTH DISEASE (CONTROL MEASURES)

of foot-and-mouth disease,

(vii)

no part of any wild animals, whether shot or found dead, as well

as any material or equipment which could be contaminated with

foot-and-mouth disease virus shall be brought into a holding

keeping animals of susceptible species,

(viii) animals of susceptible species, their semen, embryos or ova shall

not be moved from the infected area for the purpose of intra-

Community trade;

(d) arrange that all wild animals shot or found dead in the defined infected

area are inspected by an official veterinarian and examined for foot-and-

mouth disease to officially rule out or confirm foot-and-mouth disease

in accordance with the definition for an outbreak in Schedule I.

Carcasses of all wild animals found positive as regards foot-and-mouth

disease shall be processed under official supervision. Where such

testing proves negative as regards foot-and-mouth disease, the

competent authority shall apply the measures laid down in Article 11(2)

of European Union Council Directive 92/45/EEC. Parts not intended for

human consumption shall be processed under official supervision;

(e) ensure that the foot-and-mouth disease virus isolate is subject to the

laboratory procedure required to identify the genetic type of virus and

its antigenic characteristic in relation to existing vaccines strains.

2. By way of derogation to the provisions in point 1 specific measures may be

adopted in accordance with the procedure referred to in rule 78(2), if a case of foot-

and-mouth disease has occurred in wild animals in an area of Malta where extensive

keeping of domestic animals of susceptible species makes certain provisions in

paragraph 1 inapplicable.

PART B

Plans for the eradication of foot-and-mouth disease in wild animals

1. Without prejudice to the measures laid down in Part A, the competent

authority shall submit to the European Commission within ninety days from the

confirmation of the primary case of foot-and-mouth disease in wild animals a written

plan of the measures taken to eradicate the disease in the area defined as infected and

of the measures applied on the holdings in that area.

2. The European Commission shall examine the plan in order to determine

whether it permits the desired objective to be attained. The plan, if necessary with

amendments, shall be approved in accordance with the procedure referred to in rule

78(2). The plan may subsequently be amended or supplemented to take account of

developments in the situation.

If these amendments concern the re-definition of the infected area, the competent

authority shall ensure that the Commission and the other Member States are

informed of these amendments without delay.

If the amendments concern other provisions of the plan, the competent authority

shall submit the amended plan to the European Commission for examination and

possible approval in accordance with the procedure referred to in rule 78(2).

3. After the measures provided for in the plan mentioned in paragraph 1 have

been approved, they shall replace the initial measures laid down in Part A, on a date

which shall be decided upon when approval is given.

4. The plan mentioned in paragraph 1 shall contain information on

FOOT-AND-MOUTH DISEASE (CONTROL MEASURES)

(a) the results of the epidemiological investigations and controls carried out

in accordance with Part A and the geographical distribution of the

disease;

(b) a defined infected area within Malta.

When defining the infected area, the competent authority shall take into

account

(i)

the results of the epidemiological investigations carried out and

the geographical distribution of the disease,

(ii) the wild animal population in the area,

(iii) the existence of major natural or artificial obstacles to movements

of wild animals;

(c) the organisation of close cooperation between wildlife biologists,

hunters, hunting organisations, the wildlife protection services and

veterinary services (animal health and public health);

(d) the information campaign to be enforced to increase hunters’ awareness

of the measures they have to adopt in the framework of the eradication

plan;

(e) specific efforts made to determine the number and location of groups of

wild animals with limited contacts to other groups of wild animals in

and around the infected area;

(f)

the approximate number of groups of wild animals referred to in

paragraph (e) and their size in and around the infected area;

(g) specific efforts made to determine the extent of the infection in wild

animals, by investigation of wild animals shot by hunters or found dead,

and by laboratory testing, including age-stratified epidemiological

investigations;

(h) the measures adopted to reduce spread of disease due to movements of

wild animals and/or contact between groups of wild animals; these

measures may include a prohibition of hunting;

(i)

the measures adopted to reduce the population of wild animals and in

particular young animals of susceptible species in the wild animal

population;

(j)

the requirements to be complied with by hunters in order to avoid any

spread of the disease;

(k) the method of removal of wild animals found dead or shot, which shall

be based on

(i) processing under official supervision, or

(ii) inspection by an official veterinarian and laboratory tests as

provided for in Schedule XIII. Carcasses of all wild animals

found positive as regards foot-and-mouth disease shall be

processed under official supervision. Where such testing proves

negative as regards foot-and-mouth disease, the competent

authority shall apply the measures laid down in Article 11(2) of

European Council Directive 92/45/EEC. Parts not intended for

human consumption shall be processed under official supervision;

(l)

the epidemiological enquiry which is carried out on each wild animal of

a susceptible species, whether shot or found dead. This enquiry must

include the completion of a questionnaire which supplies information

about

(i)

the geographical area where the animal was found dead or shot,

(ii)

the date on which the animal was found dead or shot,

(iii)

the person who found or shot the animal,

(iv)

the age and sex of the animal,

(v)

if shot: symptoms before shooting,

(vi)

if found dead: the state of the carcass,

(vii)

laboratory findings;

(m) surveillance programmes and prevention measures applicable to the

holdings keeping animals of susceptible species situated in the defined

infected area, and if necessary, in its surroundings, including the

transport and movement of animals of susceptible species within, from

and to the area; these measures shall at least include the ban of moving

animals of susceptible species, their semen, embryos or ova from the

infected area for the purposes of intra-Community trade;

(n) other criteria to be applied for lifting the measures taken to eradicate the

disease in the defined area and the measures applied to holdings in the

area;

(o) the authority charged with supervising and coordinating the departments

responsible for implementing the plan;

(p) the system established in order that the expert group appointed in

accordance with point 1(b) in Part A can review on a regular basis the

results of the eradication plan;

(q) the disease monitoring measures that shall be enforced after a period of

at least twelve months has elapsed from the last confirmed case of foot-

and-mouth disease in wild animals in the defined infected area; these

monitoring measures shall stay in place for at least twelve months and

shall at least include the measures already enforced in accordance with

points (g), (k) and (l).

5. A report concerning the epidemiological situation in the defined area and the

results of the eradication plan shall be transmitted to the European Commission and

to the other Member States every six months.

6. More detailed rules relating to the establishment of plans for the eradication

of foot-and-mouth disease in wild animals may be adopted in accordance with the

procedure referred to in rule 78(2).

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) Holdings shall be recognised as contact holdings

where the official veterinarian finds, or considers on the basis of

confirmed data, that the foot-and-mouth disease virus may have

been introduced as a result of the movement of persons, animals,

products of animal origin, vehicles or in any other way either from

other holdings onto a holding referred to in rules 4(1) or 10(1) or

from a holding referred to in rules 4(1) or 10(1) to other holdings.

(2) Contact holdings shall be subject to the measures provided

for in rules 4(3) and 5 and these measures shall be maintained until

the suspected presence of foot-and-mouth disease virus on these

contact holdings has been officially ruled out in accordance with

the definition in Schedule I and the survey requirements provided

for in point 2.1.1.1 of Schedule III.

(3) The competent authority shall prohibit the removal of all

animals from contact holdings during a period corresponding to the

incubation period specified for the species which has to undergo an

‘emergency slaughter’ in terms of the definition in rule 2. However,

the competent authority may, by way of derogation from rule

4(3)(d), authorise the transport of animals of susceptible species

u n d e r o ff i c i a l s u p e r v i s i o n d i r e c t l y t o t h e c l o s e s t p o s s i b l e

designated slaughterhouse for emergency slaughter. Prior to

granting such derogation, the official veterinarian shall at least

carry out the clinical examinations provided for in point 1 of

Schedule III.

(4) Where the competent authority considers that the

epidemiological situation permits, it may limit the recognition as a

contact holding provided for in sub-rule (1), to one identified

epidemiological production unit of the holding and to the animals

contained therein, provided that the epidemiological production

unit complies with rule 17.

(5) Where an epidemiological link between an outbreak of

foot-and-mouth disease and premises or means of transportation

referred to in rules 15 and 16 respectively cannot be excluded, the

competent authority shall ensure that the measures provided for in

rule 4(2) and (3) and in rule 5 shall apply to such premises or

means of transportation. The competent authority may decide to

apply the measures provided for in rule 8.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) The competent authority shall ensure that, without

prejudice to measures provided for in rule 7, at least the measures

laid down in sub-rules (2), (3) and (4) are taken immediately after

an outbreak of foot-and-mouth disease is confirmed.

(2) The competent authority shall establish a protection zone

based on a minimum radius of three kilometres and a surveillance

zone based on a minimum radius of ten kilometres centred on the

outbreak of foot-and-mouth disease referred to in sub-rule (1). The

geographical delimitation of those zones shall take account of

administrative boundaries, natural barriers, supervision facilities

and technological progress which makes it possible to predict the

probable dispersion of the foot-and-mouth disease virus by air or

any other means. That delimitation shall be reviewed, if necessary,

in the light of such elements.

(3) The competent authority shall ensure that the protection and

surveillance zones are marked by posting signs of sufficient size on

roads entering the zones.

(4) In order to ensure full coordination of all measures

necessary to eradicate foot-and-mouth disease as quickly as

possible, national and local disease control centres as referred to in

rules 69 and 71 shall be established. For the purpose of carrying out

the epidemiological inquiry as provided for in rule 13, those centres

shall be assisted by an expert group as provided for in rule 73.

(5) The competent authority shall without delay trace animals

dispatched from the zones during the period of at least twenty-one

days before the estimated date of earliest infection on a holding in

the protection zone and they shall inform the competent authorities

in other Member States and the European Commission about their

results from tracing of animals.

(6) The competent authority shall collaborate in tracing fresh

meat, meat products, raw milk and raw milk products derived from

animals of susceptible species originating in the protection zone

and produced between the date of estimated introduction of the

foot-and-mouth disease virus until the date the measures provided

for in sub-rule (2) come into force. Such fresh meat, meat products,

raw milk and raw milk products shall be treated in accordance with

ru les 2 3, 24 and 2 5 respecti vel y o r detai ned un til p ossibl e

contamination with the foot-and-mouth disease virus is officially

ruled out.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) The competent authority shall ensure that at least the

following measures are applied in the protection zone without

delay

(a) the registration of all holdings with animals of

susceptible species and the establishment of a census

of all animals present on these holdings shall be

carried out as soon as possible and kept up to date;

(b) all holdings with animals of susceptible species shall

periodically undergo a veterinary inspection, carried

out in such a way as to avoid the spread of foot-and-

mouth disease virus possibly present on the holdings,

which shall include in particular the relevant

documentation, notably the records referred to in

paragraph (a) and the measures applied to prevent the

introduction or escape of foot-and-mouth disease virus

and which may include clinical inspection as described

in point 1 of Schedule III or taking of samples from

animals of susceptible species in accordance with

point 2.1.1.1 of Schedule III;

(c) animals of susceptible species shall not be removed

from the holding on which they are kept.

(2)

By way of derogation from sub-rule (1)(c), animals of

susceptible species may be transported, under official supervision

f o r t h e p u r p o s e o f e m e rg e n c y s l a u g h t e r, d i r e c t l y t o a

slaughterhouse situated inside the same protection zone or, if that

zone has no slaughterhouse to a slaughterhouse outside the zone

designated by the competent authority in means of transport

cleansed and disinfected under official control after each transport

operation.

(3) The movement referred to in the sub-rule (1) shall only be

authorised if the competent authority is satisfied, on the basis of a

clinical examination in accordance with point 1 of Schedule III by

the official veterinarian of all the animals of susceptible species

present on the holding and after evaluation of epidemiological

circumstances, that there is no reason to suspect the presence of

infected or contaminated animals on the holding. The meat of such

animals shall be subject to the measures provided for in rule 23.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

The competent authority shall ensure that the following

activities are prohibited within the protection zone

(a) movement between holdings and transport of animals

of susceptible species;

(b) fairs, markets, shows and other gatherings of animals,

including collection and dispersion of susceptible

species;

(c) itinerant service for breeding of animals of susceptible

species;

(d) artificial insemination of and collection of ova and

embryos from animals of susceptible species.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) The competent authority may extend the prohibitions

in rule 21 to

(a) movement or transport of animals of non-susceptible

species between holdings situated within the zone or

out of or into the protection zone;

(b) transit of animals of all species through the protection

zone;

(c) events with gatherings of people with possible contact

with animals of susceptible species, where there is a

risk of spreading the foot-and-mouth disease virus;

(d) artificial insemination of, or collection of ova and

embryos from, animals of species not susceptible to

foot-and-mouth disease;

(e) movement of means of transport designed for the

transportation of animals;

(f)

the slaughter on the holding of animals of susceptible

species for private consumption;

(g) transport of goods referred to in rule 31 to holdings

keeping animals of susceptible species.

(2)

The competent authority may authorise

(a) the transit of animals of all species through the

protection zone undertaken exclusively via major

highways;

(b) the transport of animals of susceptible species which

have been certified by the official veterinarian as

coming from holdings outside the protection zone and

transported on designated routes directly to designated

slaughterhouses for immediate slaughter, provided that

the means of transport are cleansed and disinfected

after delivery under official supervision at the

slaughterhouse and such decontamination of transport

is recorded in the logbook of the means of transport;

(c) the artificial insemination of animals on a holding

carried out by the personnel of that holding by use of

semen collected from animals on that holding or

semen stored on that holding or semen delivered from

a semen collection centre to the outside perimeter of

that holding;

(d) the movement and transport of equidae taking into

account the conditions set out in Schedule VI;

(e) the transport, under certain conditions, of goods

referred to in rule 31 to holdings keeping animals of

susceptible species.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) The competent authority shall ensure that the placing

on the market of fresh meat, minced meat and meat preparations,

derived from animals of susceptible species originating in the

protection zone, shall be prohibited.

(2) The competent authority shall ensure that the placing on the

market of fresh meat, minced meat and meat preparations from

animals of susceptible species produced in establishments situated

in the protection zone, shall be prohibited.

(3) The competent authority shall ensure that fresh meat,

minced meat and meat preparations as referred to in sub-rule (1),

shall be marked in accordance with European Union Council

Directive 2002/99/EC and subsequently transported in sealed

containers to an establishment designated by the competent

authorities for transformation into meat products treated in

accordance with point 1 in Part A of Schedule VII of these rules.

(4) By way of derogation, the prohibition provided for in sub-

rule (1) shall not apply to fresh meat, minced meat and meat

preparations which were produced on a date at least twenty-one

days before the estimated date of earliest infection on a holding in

the protection zone and which since production have been stored

and transported separately from such meats produced after that

date. Such meats must be readily distinguished from meats not

eligible for dispatch outside the protection zone by means of a clear

mark estab lish ed i n con form it y w it h Eu ro pean Com m un ity

legislation.

(5) By way of derogation, the prohibition provided for in sub-

rule (2), shall not apply to fresh meat, minced meat or meat

preparations obtained from establishments situated in the

protection zone under the following conditions

(a) the establishment shall be operated under strict

veterinary control;

(b) only fresh meat, minced meat or meat preparations as

described in sub-rule (4), or fresh meat, minced meat

or meat preparations obtained from animals reared and

slaughtered outside the protection zone or from

animals transported to the establishment and

slaughtered therein in accordance with the provisions

in rule 22(2)(b) shall be processed in the

establishment;

(c) all such fresh meat, minced meat or meat preparations,

must bear the health mark in accordance with Chapter

XI of Annex I to European Union Council Directive

64/433/EEC or in the case of meat from other

biungulates the health mark provided for in Chapter III

of Annex I to European Union Council Directive 91/

495/EEC, or in the case of minced meat and meat

preparations the health mark as provided for in

Chapter VI of Annex I to European Union Council

Directive 94/65/EC;

(d) during the whole production process all such fresh

meat, minced meat or meat preparations must be

clearly identified, and transported and stored

separately from fresh meat, minced meat or meat

preparations which are not eligible for dispatch outside

the protection zone in accordance with these rules.

(6) Compliance with the conditions in sub-rule (5) shall be

certified by the competent authority for fresh meat, minced meat

and meat preparations intended for intra-European Community

trade. The competent authority shall supervise the control of

compliance undertaken by the local veterinary authority and, in the

case of intra-European Community trade, communicate to other

Member States and the European Commission a list of those

establishments which it has approved for the purpose of such

certification.

(7) Derogation from the prohibition provided for in sub-rule (1)

may be granted subject to specific conditions adopted in

accordance with European Union legislation, in particular with

regard to the health marking of meat produced from animals of

susceptible species originating in protection zones maintained for

more than thirty days.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) The competent authority shall ensure that the placing

on the market of meat products produced from meat derived from

animals of susceptible species originating in the protection zone

shall be prohibited.

(2) By way of derogation, the prohibition in sub-rule (1) shall

not apply to meat products which have either undergone one of the

treatments as set out in point 1 in Part A of Schedule VII or which

have been produced from meats referred to in rule 23(4).

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) The competent authority shall ensure that the placing

on the market of milk derived from animals of susceptible species

originating in the protection zone and of milk products produced

from such milk shall be prohibited.

(2) The competent authority shall ensure that the placing on the

market of milk and milk products from animals of susceptible

species produced in an establishment situated in the protection zone

shall be prohibited.

(3) By way of derogation, the prohibition provided for in sub-

rule (1) shall not apply to milk and milk products derived from

animals of susceptible species originating in the protection zone

which were produced on a date at least twenty-one days before the

estimated date of earliest infection on a holding in the protection

zone and which since production have been stored and transported

separately from milk and milk products produced after that date.

(4) By way of derogation, the prohibition provided for in sub-

rule (1) shall not apply to milk derived from animals of susceptible

species originating in the protection zone and milk products

produced from such m ilk which have undergone one of the

treatments as set out in Parts A or B of Schedule IX, depending on

the use of the milk or milk products. The treatment shall be carried

out under the conditions set out in sub-rule (6) in establishments

referred to in sub-rule 5 or, if there is no establishment situated in

th e p r ot ect io n zon e, i n est abl i shm en ts sit ua ted o ut sid e th e

protection zone under the conditions set down in sub-rule 8.

(5) By way of derogation, the prohibition provided for in sub-

rule (2) shall not apply to milk and milk products which have been

prepared in establishments situated in the protection zone under the

conditions set out in sub-rule (6).

(6) Establishments referred to in sub-rules (4) and (5) shall

comply with the following conditions

(a) the establishment shall be operated under permanent

and strict official control;

(b) all milk used in the establishment shall either comply

with sub-rules (3) and (4) or the raw milk shall be

obtained from animals outside the protection zone;

(c) during the whole production process the milk shall be

clearly identified and transported and stored separately

from raw milk and raw milk products which are not

destined for dispatch outside the protection zone;

(d) transport of raw milk from holdings situated outside

the protection zone to the establishments shall be

carried out in vehicles which were cleaned and

disinfected prior to the transport operation, and which

have had no subsequent contact with holdings in the

protection zone keeping animals of susceptible

species.

(7) Compliance with the conditions in sub-rule 6 shall be

certified by the competent authority for milk intended for intra-

European Com mu nity trade. Th e co mpetent authority shall

supervise the control of compliance undertaken by the local

veterinary authority and, in the case of intra-European Community

trade, communicate to other Member States and the European

Commission a list of those establishments which it has approved

for the purpose of such certification.

(8) Transport of raw milk from holdings situated within the

protection zone to establishments situated outside the protection

zone and the processing of that milk shall be subject to the

following conditions

(a) processing in establishments situated outside the

protection zone of raw milk produced from animals of

susceptible species kept within the protection zone

shall be authorised by the competent authorities;

(b) the authorisation shall include instructions on and

designation of the transport route to the designated

establishment;

(c) transport shall be carried out in vehicles which were

cleaned and disinfected prior to the transport

operation, which are constructed and maintained in

such a way that there is no leakage of milk during

transport and which are equipped to avoid aerosol

dispersion during the loading and unloading of the

milk;

(d) before leaving the holding from where milk of animals

of susceptible species was collected the connection

pipes, tyres, wheel cases, the lower parts of the vehicle

and any spillage of milk are cleansed and disinfected

and after the last disinfection and before leaving the

protection zone the vehicle had no subsequent contact

with holdings in the protection zone keeping animals

of susceptible species;

(e) the means of transport are strictly assigned to a

defined geographical or administrative area, they are

marked accordingly and may only be moved to another

area after cleansing and disinfection under official

supervision.

(9) The collection and transport of samples of raw milk of

animals of susceptible species from holdings situated in the

protection zone to a laboratory other than a veterinary diagnostic

laboratory approved for diagnosis of foot-and-mouth disease and

the processing of the milk in such laboratories shall be forbidden.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) The competent authority shall ensure that the placing

on the market of semen, ova and embryos derived from animals of

susceptible species originating in the protection zone shall be

prohibited.

(2) By way of derogation, the prohibition provided for in sub-

rule (1) shall not apply to frozen semen, ova and embryos collected

and stored at least twenty-one days before the estimated date of

earliest infection with the foot-and-mouth disease virus on a

holding in the zone.

(3) Frozen semen collected in accordance with European

Community legislation after the date of infection referred to in sub-

rule (2), shall be stored separately and shall only be released after

(a) all the measures relating to the outbreak of foot-and-

mouth disease have been removed in accordance with

rule 36, and

(b) all animals accommodated in the semen collection

centre have undergone a clinical examination, and

samples taken in accordance with point 2.2 of

Schedule III have been subjected to a serological test

to substantiate the absence of infection in the semen

collection centre concerned, and

(c) the donor animal has been subjected with negative

result to a serological test for the detection of

antibodies against the foot-and-mouth disease virus on

a sample taken not earlier than 28 days after the

collection of the semen.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) The competent authority shall ensure that the transport

and distribution of dung or manure from holdings and premises or

means of transport referred to in rule 16 situated in the protection

zone where animals of susceptible species are kept, shall be

prohibited within the protection zone.

(2) By way of derogation from the prohibition in sub-rule (1)

the competent authority may authorise the removal of manure of

animals of susceptible species from a holding situated in the

protection zone to a designated plant for treatment in accordance

with point 5 of Section II in Part A of Chapter III of Annex VIII to

European Regulation 1774/2002 or for intermediate storage.

(3) By way of derogation from the prohibition in sub-rule (1)

the competent authority may authorise the removal of manure of

animals of susceptible species from holdings situated in the

protection zone which are not subject to the measures provided for

in rules 4 or 10 for distribution on designated fields under the

following conditions

(a) the entire volume of manure has been produced at least

twenty-one days before the estimated date of earliest

infection on a holding in the protection zone and the

manure or dung is distributed close to the ground and

in sufficient distance from holdings keeping animals of

susceptible species and immediately incorporated into

the ground, or

(b) in the case of manure from bovine animals or pigs

(i)

an examination by an official veterinarian of all

the animals on the holding has ruled out the

presence of animals suspected of being infected

with the foot-and-mouth disease virus, and

(ii) the entire volume of manure has been produced

at least four days prior to the examination

referred to in sub-paragraph (i), and

(iii) the manure is incorporated into the ground on

designated fields close to the holding of origin

and in sufficient distance to other holdings

keeping animals of susceptible species in the

protection zone.

(4) The competent authority shall ensure that any authorisation

to remove dung or manure from a holding keeping animals of

susceptible species is subject to stringent measures to avoid spread

of the foot-and-mouth disease virus, in particular by ensuring

cleansing and disinfection of the leak-proof transport vehicles after

loading and before leaving the holding.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) The competent authority shall ensure that the placing

on the market of hides and skins of animals of susceptible species

originating in the protection zone, shall be prohibited.

(2) By way of derogation, the prohibition as provided for in

sub-rule (1) shall not apply to hides and skins which either

(a) were produced at least twenty-one days before the

estimated date of infection on the holding referred to

in rule 10(1), and that have been stored separately

from hides and skins produced after that date; or

(b) comply with the requirements laid down in point 2 in

Part A of Schedule VII.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) The competent authority shall ensure that the placing

on the market of sheep wool, ruminant hair and pig bristles

originating in the protection zone shall be prohibited.

(2) By way of derogation, the prohibition as provided for in

sub-rule (1) shall not apply to unprocessed wool, hair and bristles

which

(a) were produced at least twenty-one days before the

estimated date of infection on the holding referred to

in rule 10(1) and have been stored separately from

wool, hair and bristles produced after that date; or

(b) comply with the requirements laid down in point 3 in

Part A of Schedule VII.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) The competent authority shall ensure that the placing

o n t h e m a r k e t o f a ni m a l p r o d u c t s d e r i v e d f r o m a n i m a l s o f

susceptible species not referred to in rules 23 to 29 shall be

prohibited.

(2) By way of derogation, the prohibitions provided for in sub-

rule (1) shall not apply to products referred to in sub-rule (1)

which

(a) either have been produced at least twenty-one days

before the estimated date of infection on the holding

referred to in rule 10(1) and have been stored and

transported separately from products produced after

that date, or

(b) have undergone the treatment in accordance with point

4 in Part A of Schedule VII, or

(c) for specific products, comply with the appropriate

requirements in points 5 to 9 in Part A of Schedule

VII, or

(d) are composite products which are not subject to further

treatment containing products of animal origin which

either have undergone a treatment ensuring destruction

of possible foot-and-mouth disease virus or have been

obtained from animals not subject to restrictions under

the provisions of these rules, or

(e) are packed products intended for use as in-vitro

diagnostic or laboratory reagents.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) The competent authority shall ensure that the placing

on the market of feed, forage, hay and straw originating in the

protection zone shall be prohibited.

(2) By way of derogation, the prohibition provided for in sub-

rule (1) shall not apply to feed, forage, hay and straw

(a) produced at least twenty-one days before the estimated

date of infection on holdings referred to in rule 10(1),

and stored and transported separately from feed,

forage, hay and straw produced after that date; or

(b) intended for use within the protection zone, subject to

authorisation by the competent authorities; or

(c) produced on premises not keeping animals of

susceptible species; or

(d) produced in establishments not keeping animals of

susceptible species and sourcing the raw material from

premises referred to in paragraph (c) or from premises

situated outside the protection zone.

(3) By way of derogation, the prohibition provided for in sub-

rule (1) shall not apply to forage and straw produced on holdings

keeping animals of susceptible species which comply with the

requirements in point 1 in Part B of Schedule VII.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) Any derogation from the prohibitions provided for in

rules 22 to 31 shall be granted by a specific decision of the

competent authority only after it has satisfied itself that all relevant

requirements have been met for a sufficient period before the

products leave the protection zone, and that there is no risk of

spreading the foot-and-mouth disease virus.

(2) Any derogation from the prohibitions provided for in rules

23 to 31 requires, in the case of intra-European Community trade,

additional certification by the competent authority.

(3) Detailed rules for the implementation of the measures

provided for in sub-rule (2) may be adopted in accordance with the

European Community legislation.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

In addition to the measures applicable in the protection

zone in accordance with these rules, the competent authority may

take additional national measures which are deemed necessary and

proportionate to contain the foot-and-mouth disease virus taking

into account the particular epidemiological, animal husbandry,

commercial and social conditions prevailing in the affected area.

The competent authority shall inform the European Commission

and the other Member States about such additional measures.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) The competent authority shall ensure that the measures

applied in the protection zone are maintained until the following

requirements have been met

(a) at least fifteen days have elapsed since the killing and

safe disposal of all the animals of susceptible species

from the holding referred to in rule 10(1) and the

completion of the preliminary cleansing and

disinfection on that holding, carried out in accordance

with rule 11;

(b) a survey has been concluded with negative results in

all holdings keeping animals of susceptible species

and situated within the protection zone.

(2) After the removal of the measures specific to the protection

zone, the measures applied in the surveillance zone as provided for

in rules 35 to 40, shall continue to apply for at least fifteen days

until those measures are removed in accordance with rule 42.

(3) The survey referred to in sub-rule (1)(b) shall be carried out

to substantiate the absence of infection and at least in compliance

with the criteria of point 1 of Schedule III and shall include the

measures provided for in point 2.3 of Schedule III based on the

criteria set out in points 2.1.1. and 2.1.3. of Schedule III.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) The competent authority shall ensure that the measures

provided for in rule 20(1) are applied in the surveillance zone.

(2) By way of derogation from the prohibition provided for in

rule 20(1)(c) and where there is no or insufficient slaughter

capacity available within the surveillance zone, the competent

authorities may authorise the removal from holdings situated in the

surveillance zone of animals of susceptible species for transporting

them directly and under official supervision for slaughter to a

slaughterhouse located outside the surveillance zone, subject to the

following conditions

(a) the records referred to in rule 20(1) have been

subjected to official control, and the epidemiological

situation of the holding does not indicate any suspicion

of infection or contamination with the foot-and-mouth

disease virus, and

(b) all the animals of susceptible species on the holding

have been subjected with negative result to an

inspection by the official veterinarian, and

(c) a representative number of animals, taking into

account the statistical parameters in point 2.2 of

Schedule III, has been subjected to thorough clinical

examination to rule out the presence or suspicion of

clinically infected animals, and

(d) the slaughterhouse is designated by the competent

authority and located as near to the surveillance zone

as possible, and

(e) the meat produced from such animals shall be subject

to the treatment specified in rule 37.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) The competent authority shall ensure that animals of

susceptible species shall not be removed from holdings within the

surveillance zone.

(2) By way of derogation, the prohibition provided for in sub-

rule (1) shall not apply to movement of animals for one of the

following purposes

(a) for leading them without coming into contact with

animals of susceptible species of different holdings to

pasture situated within the surveillance zone not

earlier than fifteen days after the last outbreak of foot-

and-mouth disease has been recorded in the protection

zone;

(b) for transporting them directly, and under official

supervision, for the purpose of slaughter to a

slaughterhouse located inside the same zone;

(c) for transporting them in accordance with rule 35(2);

(d) for transporting them in accordance with rule 22(2)(a)

and (b).

(3) Movements of animals provided for in sub-rule (2)(a) shall

be authorised by the competent authority only after an examination

by an official veterinarian of all the animals of susceptible species

on the holding, including testing of samples taken in accordance

with point 2.2 of Schedule III, has ruled out the presence of animals

suspected of being infected or animals suspected of being

contaminated.

(4) Movements of animals provided for in sub-rule (2)(b) shall

be authorised by the competent authority only after the measures

provided for in rule 37(2)(a) and (b) have been completed with

satisfactory results.

(5) The competent authority shall without delay trace animals

of susceptible species dispatched from the surveillance zone during

a period of least twenty-one days before the estimated date of

earliest infection on a holding in the surveillance zone and they

shall inform the competent authorities in other Member States

about their results from tracing animals.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) The competent authority shall ensure that the placing

on the market of fresh meat, minced meat and meat preparations

derived from animals of susceptible species originating in the

surveillance zone and of meat products produced from such meats

shall be prohibited.

(2) The competent authority shall ensure that the placing on the

market of fresh meat, minced meat, meat preparations and meat

products from animals of susceptible species produced in

establishments situated in the surveillance zone shall be prohibited.

(3) By way of derogation, the prohibition provided for in sub-

rule (1) shall not apply to fresh meat, minced meat and meat

preparations which were produced on a date at least twenty-one

days before the estimated date of earliest infection on a holding in

the corresponding protection zone and which since production have

been stored and transported separately from such meats produced

after that date. Such meats must be readily distinguished from

meats not eligible for dispatch outside the surveillance zone by

means of clear mark established in conformity with European

Community legislation.

(4) By way of derogation, the prohibition provided for in sub-

rule (1) shall not apply to fresh meat, minced meat and meat

preparations which were produced from animals transported to the

slaughterhouse under conditions at least as strict as provided for in

rule 35(2)(a) to (e) under the condition that the meat is subject to

the measures provided for in sub-rule (5).

(5) By way of derogation, the prohibition provided for in sub-

rule (2), shall not apply to fresh meat, minced meat or meat

preparations obtained from establishments situated in the

surveillance zone under the following conditions

(a) the establishment shall be operated under strict

veterinary control;

(b) only fresh meat, minced meat or meat preparations as

described in sub-rule (4) and subject to the additional

conditions provided for in Part B of Schedule VIII or

obtained from animals reared and slaughtered outside

the surveillance zone or obtained from animals

transported in accordance with the provisions in rule

22(2)(b) shall be processed in the establishment;

(c) all such fresh meat, minced meat or meat preparations

must bear the health mark in accordance with Chapter

XI of Annex I to European Union Council Directive

64/433/EEC or in the case of meat from other

biungulates the health mark provided for in Chapter III

of Annex I to European Union Council Directive 91/

495/EEC, or in the case of minced meat and meat

preparations the health mark as provided for in

Chapter VI of Annex I to European Union Council

Directive 95/65/EC;

(d) during the whole production process all such fresh

meat, minced meat or meat preparations must be

clearly identified, and transported and stored

separately from fresh meat, minced meat or meat

preparations which are not eligible for dispatch outside

the surveillance zone in accordance with these rules.

(6) By way of derogation, the prohibition provided for in sub-

rule (1), shall not apply to meat products produced from fresh meat

obtained from animals of susceptible species originating in the

surveillance zone which was marked with the health mark provided

for European Union Council Directive 2002/99/EC and transported

under official supervision to a designated establishment for

treatment in accordance with point 1 in Part A of Schedule VII.

(7) By way of derogation, the prohibition provided for in sub-

rule (2), shall not apply to meat products produced in

establishm ent s situated i n the surveillance zone and either

complying with the provisions in sub-rule (6), or produced from

meat complying with sub-rule (5).

(8) Compliance with the conditions in sub-rules (5) and (7)

shall be certified by the competent authority for fresh meat, minced

meat and meat preparations intended for intra-European

Community trade. The competent authority shall supervise the

control of compliance undertaken by the Veterinary Services and in

the case of intra-European Community trade communicate to other

Member States and the European Commission a list of those

establishments which it has approved for the purpose of such

certification.

(9) Derogation from the prohibition provided for in sub-rule (1)

may be granted subject to specific conditions adopted in

accordance with European Community legislation, in particular

with regard to the health marking of meat produced from animals of

susceptible species originating in surveillance zone maintained for

more than thirty days.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) The competent authority shall ensure that placing on

the market of milk derived from animals of susceptible species

originating in the surveillance zone and of milk products produced

from such milk shall be prohibited.

(2) The competent authority shall ensure that the placing on the

market of milk and milk products from animals of susceptible

species produced in the surveillance zone shall be prohibited.

(3) By way of derogation, the prohibition provided for in sub-

rule (1) shall not apply to milk and milk products derived from

animals of susceptible species originating in the surveillance zone

which were produced on a date at least twenty-one days before the

estimated date of earliest infection on a holding in the

corresponding protection zone and which since production have

been stored and transported separately from milk and milk products

produced after that date.

(4) By way of derogation, the prohibition provided for in sub-

rule (1) shall not apply to milk derived from animals of susceptible

species originating in the surveillance zone and milk products

produced from such m ilk which have undergone one of the

treatments as set out in Parts A or B of Schedule IX depending on

the use of the milk or milk products. The treatment shall be carried

out under the condition set out in sub-rule (6) in establishments

referred to in sub-rule (5) or, if there is no establishment situated in

th e su r vei l la nc e zo ne , i n e sta bl i s hm e nt s de s i gn a t e d b y t h e

competent authorities and situated outside the protection and

surveillance zones.

(5) By way of derogation, the prohibition provided for in sub-

rule (2) shall not apply to milk and milk products which have been

prepared in establishments situated in the surveillance zone under

FOOT-AND-MOUTH DISEASE (CONTROL MEASURES)

the conditions set out in sub-rule (6).

(6) Establishments referred to in sub-rules (4) and (5) shall

comply with the following conditions

(a) the establishment shall be operated under strict

veterinary control;

(b) all milk used in the establishment shall either comply

with sub-rule (4) or be obtained from animals outside

the surveillance and protection zone;

(c) throughout the production process the milk shall be

clearly identified and transported and stored separately

from milk and milk products which are not destined

for dispatch outside the surveillance zone;

(d) transport of raw milk from holdings situated outside

the protection and surveillance zone to the

establishments shall be carried out in vehicles which

were cleaned and disinfected prior to the transport

operation, and which have had no subsequent contact

with holdings in the protection and surveillance zones

keeping animals of susceptible species.

(7) Compliance with the conditions in sub-rule (6) shall be

certified by the competent authority for milk intended for intra-

Euro pean Com muni ty trade. The competent authority shall

supervise the control of compliance undertaken by the Veterinary

Services and, in the case of intra-European Community trade,

communicate to other Member States and the European

Commission a list of those establishments which it has approved

for the purpose of such certification.

(8) Transport of raw milk from holdings situated within the

surveillance zone to establishments situated outside the protection

and surveillance zones and the processing of that milk shall be

subject to the following conditions

(a) processing in establishments situated outside the

protection and surveillance zones of raw milk

produced from animals of susceptible species kept

within the surveillance zone shall be authorised by the

competent authorities;

(b) the authorisation shall include instructions on and

designation of the transport route to the designated

establishment;

(c) transport shall be carried out in vehicles which were

cleaned and disinfected prior to the transport

operation, which are constructed and maintained in

such a way that there is no leakage of milk during

transport and which are equipped to avoid aerosol

dispersion during the loading and unloading of the

milk;

(d) before leaving the holding from where milk of animals

of susceptible species was collected, the connection

pipes, tires, wheel cases, the lower parts of the vehicle

and any spillage of milk are cleansed and disinfected

and after the last disinfection and before leaving the

surveillance zone the vehicle had no subsequent

contact with holdings in the protection and

surveillance zones keeping animals of susceptible

species;

(e) the means of transport are strictly assigned to a

defined geographical or administrative area, they are

marked accordingly and may only be moved to another

area after cleansing and disinfection under official

supervision.

(9) The collection and transport of samples of raw milk of

animals of susceptible species from holdings situated in the

surveillance zone to a laboratory other than a veterinary diagnostic

laboratory approved for diagnosis of foot-and-mouth disease and

the processing of the milk in such laboratories shall be subject to

official authorisation and measures to avoid any spread of possible

foot-and-mouth disease virus.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) The competent authority shall ensure that the transport

and distribution of dung or manure from holdings and other

premises such as those mentioned in rule 16 situated in the

surveillance zone where animals of susceptible species are kept

shall be prohibited within and outside that zone.

(2) By way of derogation from the prohibition provided for in

sub-rule (1) the competent authorities may in exceptional

circumstances authorise the transport of dung or manure in means

of transport thoroughly cleansed and disinfected prior to and after

use for distribution in designated areas within the surveillance zone

and at sufficient distance to holdings where animals of susceptible

species are kept under the following alternative conditions

(a) either an examination by an official veterinarian of all

the animals of susceptible species on the holding has

ruled out the presence of animals suspected of being

infected with the foot-and-mouth disease virus and the

manure or dung is distributed close to the ground to

avoid the generation of aerosols and immediately

ploughed into the ground, or

(b) a clinical inspection by an official veterinarian of all

the animals of susceptible species on the holding has

been carried out with negative result and the manure is

injected into ground, or;

(c) manure is subject to the provision of rule 27(2).

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

The competent authority shall ensure that the placing on

the market of products of animal origin other than those referred to

in rules 37 to 39 shall be subject to the conditions provided for in

rules 26 and 28 to 30.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

In addition to the measures provided for in rules 35 to 40,

the competent authority may take additional national measures

which are deemed necessary and proportionate to contain foot-and-

mouth disease virus taking into account the particular

ep idemi ological, anim al husbandry, comm ercial and soci al

conditions prevailing in the affected area. Where specific measures

to restrict the movement of equidae are considered necessary, such

measures shall take into account those provided for in Schedule VI.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) The competent authority shall ensure that the measures

applied in the surveillance zone are maintained until the following

requirements have been met

(a) at least thirty days have elapsed since the killing and

safe disposal of all animals of susceptible species from

the holding referred to in rule 10(1) and the

completion of the preliminary cleansing and

disinfection on that holding, carried out in accordance

with rule11;

(b) the requirements provided for in rule 34 have been met

in the protection zone;

(c) a survey has been concluded with negative results.

(2) The survey referred to in sub-rule (1)(c) shall be carried out

to substantiate the absence of infection in the surveillance zone in

compliance with the criteria of point 1 of Schedule III and shall

include the measures provided for in point 2.4 of Schedule III

based on the criteria of point 2.1 of Schedule III.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) Without prejudice to European Union Council

Directive 90/425/EC, and in particular Article 10 thereof, where the

foot-and-mouth disease virus appears to be spreading despite the

measures taken in accordance with these rules and the epizootic

becomes extensive and in any case when emergency vaccination is

implemented, the competent authority shall ensure that Malta is

regionalised into one or more restricted and free zones.

(2) The competent authority shall notify to the European

Commission without delay the details of the measures implemented

in the restricted zone and the European Commission shall review,

where necessary amend, and endorse the measures in accordance

with European Community legislation.

(3) Without prejudice to the obligation of the competent

authority to regionalise referred to in sub-rule (1), regionalisation,

and the measures to be applied within the restricted zone, may be

decided in accordance with the procedure established in rule 78(2).

This decision may extent its effects to neighbouring Member States

not infected at the time the measures are taken.

(4) Prior to the delimitation of the restricted zone, a thorough

epidemiological assessment of the situation shall be carried out,

especially with respect to the possible time and probable location

of introduction, the possible spread and the probable period of time

necessary to eradicate the foot-and-mouth disease virus.

(5) The restricted zone shall as far as possible be delimited on

the basis of administrative boundaries or geographical barriers.

Regionalisation shall take as its starting point larger administrative

units rather than regions. The restricted zone may be reduced in the

light of the results of the epidemiological inquiry provided for in

rule 13, to an area of the size not less than a sub-region, and where

necessary the surrounding sub-regions. In the event of the foot-and-

mouth disease virus spreading, the restricted zone shall be enlarged

by including additional regions or sub-regions.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) Where regionalisation is applied, the competent

authority shall ensure that at least the following measures are

taken

(a) control within the restricted zone of transport and

movement of animals of susceptible species, animal

products and goods and of the movement of means of

transport as potential carriers of foot-and-mouth

disease virus;

(b) tracing and marking in accordance with European

Community legislation of fresh meat and raw milk and

as far as possible other products in stock not eligible

for dispatch outside the restricted zone;

(c) specific certification of animals of susceptible species

and products derived from such animals and health

marking, in accordance with European Community

legislation, of products for human consumption

intended and eligible for dispatch outside the restricted

zone.

(2) Where regionalisation is applied, the competent authority

shall ensure that at least the animals of susceptible species

dispatched from the restricted zone to other Member States during

the time between the date of estimated introduction of the foot-and-

mouth disease virus until the date regionalisation is implemented

shall be traced, and such animals shall be isolated under official

veterinary control until possible infection or contamination is

officially ruled out.

(3) The competent authority shall collaborate in tracing fresh

meat and raw milk and raw milk products derived from animals of

susceptible species produced in the restricted zone between the date

of estimated introduction of the foot-and-mouth disease virus until

the date regionalisation is implemented. Such fresh meat shall be

treated in accordance with point 1 in Part A of Annex VII, and raw

milk and milk products shall be treated in accordance with Part A

or B of Schedule IX depending on the use, or detained until

possible contamination with the foot-and-mouth disease virus is

officially ruled out.

(4) Specific measures, in particular in relation to health

marking of products derived from animals of susceptible species

originating in the restricted zone and not intended for placing on

the market outside the restricted zone may be adopted in

accordance with Article 4(3) of European Union Council Directive

2002/99/EC.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) Without prejudice to European Community legislation

on identification of domestic bovine, ovine and caprine animals and

swine, the competent authority shall ensure that in the event of an

outbreak of foot-and-mouth disease on their territory animals of

susceptible species shall only leave the holding on which they are

kept, if they are identified in such a way as to enable the competent

authorities to trace rapidly their movements and their holding of

origin, or any holding from which they have come. However, for

special cases referred to in rule 15(1) and rule 16(1), the competent

authority may, in certain circumstances and having regard to the

health situation, authorise other ways of rapidly tracing the

movement of those animals and of their holding of origin, or of any

holding from which they hav e come. The arrangements for

identifying such animals or for tracing their holdings of origin shall

be determined by the competent authority and notified to the

European Commission.

(2) The measures taken by the competent authority on

additional, permanent and indelible marking of animals for the

particular purpose of control of the foot-and-mouth disease, and in

particular in case of vaccination carried out in accordance with

rules 50 and 51, may be modified in accordance with rule 77(2).

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) The competent authority shall ensure that, in the event

of an outbreak of foot-and-mouth disease in Malta the following

measures to control movement of animals of susceptible species are

applied in the restricted zone established in accordance with rule

43

(a) owners shall supply the competent authority, on

request of that authority, with appropriate information

concerning animals entering or leaving their holding.

That information shall, in relation to all animals of

susceptible species, include at least the details

required by Article 14 of European Union Council

Directive 64/432/EEC;

(b) persons engaged in the transport or marketing of

animals of susceptible species shall supply the

competent authority, on request of that authority, with

appropriate information concerning the movements of

such animals which they have transported or marketed.

That information shall include at least the details

required by Articles 12(2) and 13(1)(b) of European

Union Council Directive 64/432/EEC.

(2) The competent authority may extend some or all the

measures provided for in sub-rule (1) to a part or the entire free

zone.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

The competent authority shall ensure that

(a) the use of foot-and-mouth disease vaccines and the

administration of hyperimmune sera against foot-and-

mouth disease are prohibited on their territory except

as provided for in these rules;

(b) the production, storage, supply, distribution and sale of

foot-and-mouth disease vaccines are carried out under

official control;

(c) the marketing of foot-and-mouth disease vaccines is

under the supervision of the competent authorities in

accordance with European Community legislation;

(d) the use of foot-and-mouth disease vaccines for

purposes other than to induce active immunity in

animals of susceptible species, notably laboratory

investigations, scientific research or testing of

vaccines, is authorised by the competent authorities

and carried out under appropriate bio-security

conditions.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) The competent authority may decide to introduce

em ergency vaccination w her e at l east one of t he f ollowing

conditions applies

(a) outbreaks of foot-and-mouth disease have been

confirmed and threaten to become widespread in Malta

where such outbreaks have been confirmed;

(b) other Member States are at risk due to the geographical

situation of or the prevailing meteorological

conditions in relation to reported outbreaks of foot-

and-mouth disease in Malta;

(c) other Member States are at risk due to

epidemiologically relevant contacts between holdings

on their territories and holdings keeping animals of

susceptible species in Malta where there are outbreaks

of foot-and-mouth disease;

(d) the territory of Malta is at risk due to the geographical

situation or the prevailing meteorological conditions in

a neighbouring third country where there are outbreaks

of foot-and-mouth disease.

(2) When deciding on the introduction of emergency

vaccination, consideration shall be given to the measures provided

for in rule 15 and to the criteria listed in Schedule X.

(3) The decision to introduce emergency vaccination shall be

adopted in accordance with European Community legislation.

(4) The decision referred to in sub-rule (3) to introduce

emergency vaccination on its own territory may be requested

(a) either by the competent authority referred to in sub-

rule (1)(a), or

(b) by a Member State referred to in sub-rule (1)(b), (c) or

(d).

(5) By way of derogation from sub-rule (3), the decision to

introduce emergency vaccination may be taken by the competent

authority and implemented in accordance with these rules, after a

written notification to the European Commission which shall

include the specifications provided for in rule 49.

(6) If the competent authority introduces emergency

vaccination in accordance with sub-rule (5), that decision shall be

immediately reviewed in the Standing Committee on the Food

Chain and Animal Health and European Community measures shall

be adopted in accordance with the procedure referred to in rule

78(2).

(7) By way of derogation from sub-rule (4), a decision to

introduce emergency vaccination in Malta referred to in sub-rule

(1)(a) may be adopted in concertation with the affected Member

State in accordance with European Community legislation on the

European Commission’s own initiative, if the condition in sub-rule

(1)(a) and sub-rule (1)(b) apply.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) The decision to introduce emergency vaccination in

accordance with rules 48(3) and (4) shall specify the conditions

under which such vaccination shall be carried out and these

conditions must specify at least

(a) the delimitation in accordance with rule 43 of the

geographical area in which emergency vaccination is

to be carried out;

(b) the species and the age of the animals to be vaccinated;

(c) the duration of the vaccination campaign;

(d) a specific prohibition on movements of vaccinated and

non-vaccinated animals of susceptible species and

their products;

(e) the special additional and permanent identification and

special registration of the vaccinated animals pursuant

to rule 45(2);

(f)

other matters appropriate to the emergency situation.

(2) The conditions for emergency vaccination as provided for

in sub-rule (1), shall ensure that such vaccination is carried out in

accordance with rule 50, irrespective of whether the vaccinated

animals are subsequently slaughtered or stay alive.

(3) The competent authority shall ensure that an information

programme shall be put in place to inform the public about the

safety of meat, milk and dairy products from vaccinated animals for

human consumption.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) Where the competent authority applies protective

vaccination it shall ensure that

(a) the vaccination zone shall be regionalised in

accordance with rule 43, where necessary in close

cooperation with neighbouring Member States;

(b) vaccination shall be carried out swiftly and in

conformity with the rules of hygiene and bio-security

so as to avoid the spread of foot-and-mouth disease

virus;

(c) all measures applied in the vaccination zone shall be

carried out without prejudice to the measures provided

for in these rules;

(d) where the vaccination zone includes parts of or the

entire protection or surveillance zone

(i)

the measures applicable for the protection zone

or surveillance zone in accordance with these

rules shall be maintained within that part of the

vaccination zone until such measures have been

removed in accordance with rule 34 or rule 42;

(ii) after the measures applied in the protection zone

and surveillance zone have been removed, the

measures applicable for the vaccination zone, as

provided for in rules 52 to 56, shall continue to

apply.

(2) The competent authority applying protective vaccination

shall ensure that the vaccination zone is surrounded by a

surveillance area (surveillance zone as defined by OIE) of at least

10 kilometres width from the perimeters of the vaccination zone

(a) in which vaccination is prohibited;

(b) in which intensified surveillance is carried out;

(c) in which the movement of animals of susceptible

species is subject to controls by the competent

authorities;

(d) which remains in place until the foot-and-mouth

disease and infection free status is recovered in

accordance with rule 59.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) The competent authority shall notify the European

Commission if it decides in accordance with rule 48 and taking into

account all relevant circumstances, to introduce suppressive

vaccination and shall provide details of the control measures to be

taken which shall include at least those provided for in rule 19.

(2) The competent authority shall ensure that suppressive

vaccination is carried out

(a) only within a protection zone;

(b) only on clearly identified holdings subject to the

measures provided for in rule 10(1) and in particular

paragraph (a) thereof

Provided that, for logistical reasons and by way of

derogation from rule 10(1)(a), the killing of all animals on such

holdings may be delayed as long as necessary to comply with

European Community legislation and the provisions of rule

10(1)(c).

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) The competent authority shall ensure that the measures

provided for in sub-rules (2) to (6) are applied in the vaccination

zone during the period from the beginning of the emergency

vaccination until at least thirty days have elapsed following the

completion of such vaccination.

(2) Movement of live animals of susceptible species shall be

prohibited between holdings within and out of the vaccination

zone

Provided that by way of derogation from such prohibition

provided for herein, and after clinical inspection of such live

animals and the herds of origin or dispatch of those animals, the

competent authority may authorise their direct transport for

imm ediate slaugh ter in a slaughterhouse designated by t he

competent authority and situated within the vaccination zone or in

exceptional cases close to that zone.

(3) Fresh meat produced from vaccinated animals slaughtered

during the period referred to in sub-rule (1) shall

(a) bear the mark provided for in European Union Council

Directive 2002/99/EC and European Community

legislation;

(b) be stored and transported separately from meat not

bearing the mark referred to in paragraph (a), and shall

subsequently be transported in sealed containers to an

establishment designated by the competent authorities

for treatment in accordance with point 1 in Part A of

Schedule VII.

(4) Milk and milk products produced from vaccinated animals

may be placed on the market within or outside the vaccination

zone, provided that, depending on the final use for either human

consumption or non-human consumption, it has undergone at least

one of the treatments referred to in Parts A and B of Schedule IX.

The treatment shall be carried out under the conditions set out in

sub-rule (5) in establishments situated in the vaccination zone or, if

there is no establishment in that zone, in establishments situated

outside the vaccination zone to which the raw milk is transported

under the conditions set down in sub-rule (7).

(5) Establishments referred to in sub-rule (4) shall comply

with the following conditions

(a) the establishment shall be operated under permanent

and strict official control;

(b) all milk used in the establishment shall either comply

with sub-rule (4) or the raw milk shall be obtained

from animals outside the vaccination zone;

(c) during the whole production process the milk shall be

clearly identified and transported and stored separately

from raw milk and raw milk products which are not

destined for dispatch outside the vaccination zone;

(d) transport of raw milk from holdings situated outside

the vaccination zone to the establishments shall be

carried out in vehicles which were cleaned and

disinfected prior to the transport operation, and which

have had no subsequent contact with holdings in a

restricted zone keeping animals of susceptible species.

(6) Compliance with the conditions in sub-rule (5) shall be

certified by the competent authority for milk intended for intra-

Euro pean Com muni ty trade. The competent authority shall

supervise the control of compliance undertaken by the Veterinary

Services and in the case of intra-European Community trade

communicate to other Member States and the European

Commission, a list of those establishments which it has approved

for the purpose of such certification.

(7) Transport of raw milk from holdings situated within the

vaccination zone to establishments situated outside the vaccination

zone and the processing of that milk shall be subject to the

following conditions

(a) processing in establishments situated outside the

vaccination zone of raw milk produced from animals

of susceptible species kept within the vaccination zone

shall be authorised by the competent authorities;

(b) the authorisation shall include instructions on and

designation of the transport route to the designated

establishment;

(c) transport shall be carried out in vehicles which were

cleaned and disinfected prior to the transport

operation, which are constructed and maintained in

such a way that there is no leakage of milk during

transport and which are equipped to avoid aerosol

dispersion during the loading and unloading of the

milk;

(d) before leaving the holding from where milk of animals

of susceptible species was collected, the connection

pipes, tires, wheel cases, the lower parts of the vehicle

and any spillage of milk are cleansed and disinfected

and after the last disinfection and before leaving the

vaccination zone the vehicle had no subsequent

contact with holdings in the vaccination zone keeping

animals of susceptible species;

(e) the means of transport are strictly assigned to a

defined geographical or administrative area, they are

marked accordingly and may only be moved to another

area after cleansing and disinfection under official

supervision.

(8) The collection and transport of samples of raw milk of

animals of susceptible species from holdings situated in the

vaccination zone to a laboratory other than a veterinary diagnostic

laboratory approved for diagnosis of foot-and-mouth disease and

the processing of the milk in such laboratories shall be forbidden.

(9) The collection of semen for artificial insemination from

donor animals of susceptible species kept in semen collection

centres situated within the vaccination zone shall be suspended. By

way of derogation from the prohibition provided for herein, the

competent authorities may authorise the collection of semen at

semen collection centres within the vaccination zone for the

production of frozen semen, subject to the following conditions

(a) it is ensured that the semen collected during the period

referred to in sub-rule (1) is stored separately for at

least thirty days, and

(b) prior to dispatch of the semen

(1) either the donor animal has not been vaccinated

and the conditions of rule 26(3)(b) and (c) apply,

or

(2) the donor animal has been vaccinated following

a negative test for antibodies against foot-and-

mouth disease virus carried out prior to

vaccination; and

(i) a negative result has been achieved in a

test for the detection of either virus or

viral genome or an approved test for the

detection of antibody against non-

structural proteins, carried out at the end

of the quarantine period for the semen on

samples taken from all animals of

susceptible species present at that time on

the semen collection centre, and

(ii) the semen complies with the conditions of

Article 4(3) of Chapter II of European

Union Council Directive 88/407/EEC.

(10) Collection of ova and embryos from donor animals shall be

prohibited.

(11) The placing on the market of products of animal origin

other than those referred to in sub-rules (9) and (10) shall be

subject to the conditions provided for in rules 28, 29, 30 and 39.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) The competent authority shall ensure that the measures

provided for in sub-rules (2) to (5) are applied in the vaccination

zone during a period starting not earlier than thirty days from the

date of completion of emergency vaccination and terminating with

the completion of the measures provided for in rules 54 and 55.

(2) Movement of animals of susceptible species between

holdings within and out of the vaccination zone shall be prohibited.

(3) By way of derogation from the prohibition provided for in

sub-rule (2), the competent authorities may authorise direct

transport for immediate slaughter of animals of susceptible species

from holdings referred to in rule 55(5) to a slaughterhouse situated

within or out of the vaccination zone on the following conditions

(a) during transport and in the slaughterhouse those

animals shall not come into contact with other animals

of susceptible species;

(b) the animals shall be accompanied by an official

document certifying that all animals of susceptible

species on the holding of origin or dispatch have

undergone a survey provided for in rule 54(2);

(c) the transport vehicles shall be cleansed and disinfected

before loading and after the animals have been

delivered, with the date and time of the cleaning and

disinfection being recorded in the logbook of the

means of transport;

(d) the animals shall have passed the ante-mortem health

inspection at the slaughterhouse during the twenty-

four hours before slaughter and have in particular

undergone examination for mouth and feet disease and

not shown signs of that disease.

(4)

Fresh meat, excluding offal, produced from vaccinated

large and small ruminants during the period referred to in sub-rule

(1), may be placed on the market within and outside the vaccination

zone under the following conditions

(a) the establishment shall be operated under strict

veterinary control;

(b) only fresh meat, excluding offal, which was subjected

to the treatment described in points 1, 3 and 4 in Part A

of Schedule VIII or fresh meat obtained from animals

reared and slaughtered outside the vaccination zone

shall be processed in the establishment;

(c) all such fresh meat shall bear the health mark in

accordance with Chapter XI of Annex I to European

Union Council Directive 64/433/EEC or, in the case of

meat from other biungulates, the health mark provided

for in Chapter III of Annex I of European Union

Council Directive 91/495/EEC, or, in the case of

minced meat and meat preparations, the health mark

provided for in Chapter VI of Annex I of European

Union Council Directive 94/65/EC;

(d) throughout the production process the fresh meat shall

be clearly identified, and transported and stored

separately from meat of different animal health status

in accordance with these rules.

(5) Compliance with the conditions in sub-rule (4) shall be

certified by the competent authority for fresh meat intended for

intra-European Community trade. The competent authority shall

supervise the control of compliance undertaken by the local

veterinary authorities and, in the case of intra-European

Community trade, communicate to other Member States and the

European Commission a list of those establishments which it has

approved for the purpose of such certification.

(6) Fresh meat produced from vaccinated porcine animals

slaughtered during the period referred to in sub-rule (1) shall bear

the health mark provided for in European Union Council Directive

2002/99/EC and shall be stored and transported separately from

meat not bearing that mark and subsequently be transported in

sealed containers to an establishment designated by the competent

authorities for treatment in accordance with point 1 in Part A of

Schedule VII.

(7) Milk and milk products produced from vaccinated animals

may be placed on the market within or outside the vaccination

zone, provided that depending on the final use for either human

consumption or non-human consumption it has undergone at least

one of the treatments referred to in Parts A and B of Schedule IX.

Such treatment shall have been undergone in an establishment

located within or outside the vaccination zone in accordance with

the provisions in rule 52(4) to (8).

(8) For the collection of semen, ova and embryos from animals

of susceptible species, the measures provided for in rule 52(9) and

(10) shall continue to apply.

(9) The placing on the market of products of animal origin

other than those referred to in sub-rules (4), (6), (7) and (8) shall be

subject to the conditions provided for in rules 28, 29, 30 and 39.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) The competent authority shall ensure that the measures

provided for in sub-rules (2) and (3) are applied in the vaccination

zone during a period starting not earlier than thirty days from the

date of completion of emergency vaccination and terminating with

the completion of a clinical and serological survey.

(2) A survey shall be carried out with the aim to identify herds

of animals of susceptible species that had contact with the foot-

and-mouth disease virus without showing overt clinical signs of the

foot-and-mouth disease. That survey shall include a clinical

inspection of all animals of susceptible species in all herds in the

vaccination zone, and laboratory testing in accordance with sub-

rule (3).

(3) Laboratory testing shall be carried out by use of tests

complying with the criteria for diagnostic tests as set out in

Schedule XIII and approved in accordance with the procedure

referred to in rule 77(1), and shall comply with one of the following

conditions

(a) testing for infection with the foot-and-mouth disease

virus, either by an assay for antibodies against

nonstructural proteins of the foot-and-mouth disease

virus, or by another approved method, shall meet

criteria for sampling on holdings set out in point 2.2 of

Schedule III. Where the competent authority use in

addition sentinel animals, the conditions for restocking

of infected holdings in Schedule V shall be taken into

account;

(b) testing for antibodies against non-structural proteins of

the foot-and-mouth disease virus shall be carried out

on samples taken from all vaccinated animals of

susceptible species and their non-vaccinated offspring

in all herds in the vaccination zone.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) The competent authority shall ensure that the holdings

containing animals of susceptible species -

(a) are classified according to the outcome of the survey

referred to in rule 54(2) and the criteria set out in

Schedule I;

(b) comply with the measures set out in sub-rules (2) to

(4).

(2) Holdings containing at least one animal suspected of being

infected and where the presence of foot-and-mouth disease virus is

confirmed in accordance with the criteria laid down in Schedule I

shall be subject to the measures provided for in rules 10 and 19.

(3) Holdings containing at least one animal of susceptible

species suspected of being infected through previous contact with

t he fo ot-an d-m out h di sease vi rus b ut wh ere furt her t est ing

including all animals of susceptible species present on the holding,

confirmed the absence of circulating foot-and-mouth disease virus,

shall be subject to at least the following measures

(a) animals of susceptible species on the holding shall

(1) either be killed and the carcasses processed, or

(2) the animals shall be classified and -

(i) the animals positive to at least one of the

approved tests referred to in rule 54(3) shall

be killed and their carcasses processed, and

(ii) the remaining animals of susceptible

species on the holding shall be slaughtered

under conditions authorised by the

competent authority;

(b) cleansing and disinfection

of

the

holdings

in

accordance with rule 11;

(c) restocking of animals in accordance with Schedule V.

(4) The competent authority shall ensure that the following

measures are applied to products derived from animals of

susceptible species and produced during the period referred to in

rule 54(1)

(a) fresh meat produced from the animals referred to in

sub-rule (3)(a)(2)(ii) shall be subject to rule 53(4), for

meat from ruminants, and in rule 53(6), for meat from

porcine animals, respectively;

(b) milk and milk products produced from the animals

referred to in sub-rule (3)(a)(2)(ii) shall undergo at

least one of the treatments specified in Parts A and B

of Schedule IX depending on the intended use and in

compliance with the provisions in rule 52(4) to (8).

(5) Animals of susceptible species on holdings where the

presence of previous or present infection with the foot-and-mouth

disease virus has been officially ruled out in accordance with rule

54(3) may be subject to the measures provided for in rule 56.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) The competent authority shall ensure that the measures

provided for in sub-rules (2) to (6) are applied in the vaccination

zone after the completion of the measures laid down in rule 55 and

until the foot-and-mouth disease and infection-free status has been

recovered in accordance with rule 57.

(2) The competent authority shall ensure that movement of

animals of susceptible species between holdings situated in the

vaccination zone is subject to authorisation.

(3) Movement of animals of susceptible species out of the

vaccination zone shall be prohibited. By way of derogation from

this prohibition, direct transport to a slaughterhouse for immediate

slaughter of animals of susceptible species may be authorised under

the conditions provided for in rule 53(3).

(4) By way of derogation from the prohibition in sub-rule (2),

the competent authorities may authorise the transport of

unvaccinated animals of susceptible species in accordance with the

FOOT-AND-MOUTH DISEASE (CONTROL MEASURES)

following provisions

(a) within twenty-four hours of loading, all animals of

susceptible species on the holding have been subjected

to clinical examination and have not shown clinical

signs of foot-and-mouth disease, and

(b) the animals have completed a standstill on the holding

of origin of at least thirty days during which no animal

of susceptible species has been introduced onto the

holding, and

(c) the holding of origin is not situated in a protection or

surveillance zone, and

(d) the animals intended for transport were either

individually subjected with negative results to tests for

the detection of antibodies against the foot-and-mouth

disease virus at the end of the isolation period, or a

serological survey was completed on that holding in

accordance with point 2.2 of Schedule III irrespective

of the species concerned;

(e) the animals were not exposed to any source of

infection during their transportation from the holding

of origin to the place of destination.

(5) Non-vaccinated offspring of vaccinated dams shall be

p rohi bited from leaving the h oldi ng o f origi n un less b eing

transported to

(a) a holding within the vaccination zone of the same

health status as the holding of origin;

(b) a slaughterhouse for immediate slaughter;

(c) a holding designated by the competent authority, from

which the offspring are to be sent directly to the

slaughterhouse;

(d) any holding, after having obtained a negative result in

a serological test for the detection of antibody against

the foot-and-mouth disease virus carried out on a

sample of blood taken prior to dispatch from the

holding of origin.

(6) Fresh meat produced from unvaccinated animals of

susceptible species may be placed on the market inside and outside

the vaccination zone under the following conditions

(a) either the measures provided for in rule 55(3) have

been completed in the entire vaccination zone or the

animals are transported to the slaughterhouse under

the conditions provided for in sub-rule (3) or (4)(d),

and;

(b) the establishment shall be operated under strict

veterinary control;

(c) only fresh meat produced from animals referred to in

paragraph (a) or from animals reared and or

slaughtered outside the vaccination zone or fresh meat

referred to in sub-rule (8) shall be processed in the

establishment;

(d) all such fresh meat shall bear the health mark in

accordance with Chapter XI of Annex I to European

Union Council Directive 64/433/EEC or in the case of

meat from other biungulates, the health mark provided

for in Chapter III of Annex I of European Union

Council Directive 91/495/EEC, or in the case of

minced meat and meat preparations the health mark

provided for in Chapter VI of Annex I of European

Union Council Directive 94/65/EC;

(e) throughout the production process the fresh meat shall

be clearly identified, and transported and stored

separately from meat of different animal health status

in accordance with these rules.

(7) Fresh meat produced from vaccinated animals of

susceptible species or from non-vaccinated seropositive offspring

of vaccinated dams slaughtered during the period referred to in sub-

rule (1) shall bear the health mark provided for in European

Council Directive 2002/99/EC and shall be stored and transported

separately from meat not bearing that stamp and subsequently be

transported in sealed containers to an establishment designated by

the competent authorities for treatment in accordance with point 1

in Part A of Schedule VII.

(8) By way of derogation from sub-rule (7), fresh meat and

trimmed offal produced from vaccinated large and small ruminants

or their non-vaccinated seropositive offspring may be placed on the

market within and outside the vaccination zone under the following

conditions

(a) the establishment shall be operated under strict

veterinary control;

(b) only fresh meat excluding offal, which was subjected

to the treatment described in point 1, 3 and 4 in Part A

of Schedule VIII or fresh meat referred to in sub-rule

(6) or produced from animals reared and, or

slaughtered outside the vaccination zone, are

processed in the establishment;

(c) all such fresh meat shall bear the health mark in

accordance with Chapter XI of Annex I to European

Directive 64/433/EEC or in the case of meat from

other biungulates the health mark provided for in

Chapter III of Annex I to European Directive 91/495/

EEC, or in the case of minced meat and meat

preparations the health mark provided for in Chapter

VI of Annex I to European Directive 94/65/EC;

(d) throughout the production process the fresh meat shall

be clearly identified, and transported and stored

separately from meat which is of different animal

health status in accordance with these rules.

(9) By way of derogation from sub-rule (7), fresh meat from

vaccinated porcine animals and their non-vaccinated seropositive

offspring, produced during the period from the beginning of the

survey until the measures provided for in rule 55 have been

completed in the entire vaccination zone and until at least three

months have elapsed after the last outbreak recorded in that zone,

may only be placed on the national market of Malta within and

outside the vaccination zone under the following conditions

(a) the establishment shall be operated under strict

veterinary control;

(b) only fresh meat from animals originating in holdings

complying with the conditions in rule 55(5) or fresh

meat obtained from animals reared and slaughtered

outside the vaccination zone are processed in the

establishment;

(c) all such fresh meat shall bear a health mark to be

decided in accordance with Article 4(3) of European

Directive 2002/99/EC;

(d) throughout the production process the fresh meat shall

be clearly identified, and transported and stored

separately from meat of different animal health status

in accordance with these rules.

(10) A Member State other than the territory of Malta may

request a decision in accordance with European Community

legislation to extend the marketing of the meat referred to in sub-

rule (9) to its territory or part of its territory under conditions to be

laid down under the same procedure.

(11) The rules for dispatch from the vaccination zone of fresh

meat from vaccinated porcine animals produced after the period

referred to in sub-rule (9) until free status has been regained in

accordance with rule 59, shall be decided in accordance with the

procedure provided for in rule 78(2).

(12) Compliance with the conditions provided for in sub-rule

(6), sub-rule (8) and where applicable under the provisions of sub-

rule (10), shall be certified by the competent authority. The

competent authority shall supervise the control of compliance

undertaken by the Veterinary Services and shall in the case of intra-

European Community trade communicate to other Member States

and the European Commission a list of those establishments which

they have approved for such certification.

(13) By way of derogation from sub-rule (8) a special health

mark which cannot be confused with the health mark referred to in

sub-rules (8)(c) and (9)(c), may be decided in accordance with the

procedure referred to in rule 78(2) for fresh meat of ruminants not

subjected to the treatment in accordance with Part A of Schedule

VIII, and minced meat and meat preparations produced from such

meat, which are intended for placing on the market in a specific

region of Malta.

(14) Milk and milk products produced from vaccinated animals

may be placed on the market within and outside the vaccination

zone, provided that depending on the final use for either human

consumption or non-human consumption, it has undergone at least

one of the treatments referred to in Parts A and B of Schedule IX.

Such treatment shall have been undergone in an establishment

located in the vaccination zone or in accordance with the provisions

in rules 52(4) to (7).

(15) The collection and transport of samples of raw milk of

animals of susceptible species, from holdings situated in the

surveillance zone to a laboratory other than a veterinary diagnostic

laboratory approved for diagnosis of foot-and-mouth disease, and

the processing of the milk in such laboratories, shall be subject to

official authorisation and to appropriate measures to avoid any

possible spread of foot-and-mouth disease virus.

(16) The placing on the market of products of animal origin

other than those referred to in sub-rules (6) to (11) and (13) to (15)

shall be subject to the conditions provided for in rules 28, 29, 30

and 40.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

The foot-and-mouth disease and infection free status of

Malta or a region thereof shall be recovered in accordance with the

procedure referred to in rule 78(2), taking into account the

conditions referred to in rules 58 and 59.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) When Malta has been regionalised in accordance with

rule 43, it shall recover its previous foot-and-mouth disease and

infection free status following the control and eradication of one or

more outbreaks of foot-and-mouth disease without vaccination

under the following conditions

(a) all the measures provided for in rules 34 and 42 have

been completed, and

(b) at least one of the following conditions applies

(i)

the relevant recommendations in the foot-and-

mouth disease Chapter, as last amended, of the

Animal Health Code of the OIE are met;

(ii) at least three months have elapsed after the last

recorded outbreak of foot-and-mouth disease

and clinical and laboratory surveillance carried

out in accordance with Schedule III has

confirmed the absence of infection with the foot-

and-mouth disease virus in Malta or region

concerned.

(2) Decisions on recovering a foot-and-mouth disease and

infection-free status shall be adopted in accordance with the

procedure referred to rule 78(2).

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) Malta, or any region thereof regionalised in

accordance with rule 43, shall recover its previous foot-and-mouth

disease and infection free status f ollo win g th e cont ro l and

eradication of one or more outbreaks of foot-and-mouth disease

with vaccination under the following conditions

(a) all the measures provided for in rules 34, 42, 52, 53,

54 and 55 have been completed, and

(b) at least one of the following conditions applies

(i)

the relevant recommendations in the foot-and-

mouth disease Chapter, as last amended, of the

Animal Health Code of the OIE are met;

(ii) at least three months have elapsed since the

slaughter of the last vaccinated animal and

serological surveillance has been carried out in

accordance with the guidelines established in

accordance with rule 65(3);

(iii) at least six months have elapsed since the last

outbreak of foot-and-mouth disease or the

completion of emergency vaccination, what ever

event occurred later, and in accordance with the

guidelines established in accordance with rule

65(3), a serological survey based on the

detection of antibodies against non-structural

proteins of the foot-and-mouth disease virus has

demonstrated the absence of infection in

vaccinated animals.

(2) Decisions on recovering a foot-and-mouth and infection

free status shall be adopted in accordance with the procedure

referred to rule 78(2).

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) By way of derogation from rule 58 it may be decided

in accordance with the procedure referred to in rule 78(2), to

withdraw the restrictions applied in accordance with these rules

after the requirements provided for in rules 34 and 42 have been

met and the clinical and serological survey has been completed and

confirmed the absence of foot-and-mouth disease virus infection.

(2) By way of derogation from rule 59 it may be decided in

accordance with the procedure referred to in rule 78(2), to

withdraw the restrictions applied in accordance with these rules

after the clinical and serological survey provided for in rule 54 and

the measures provided for in rule 55 have been completed and

confirmed the absence of foot-and-mouth disease virus infection.

(3) Without prejudice to sub-rules (1) and (2) it may be decided

in accordance with the procedure referred to in rule 78(2) that no

animals of a susceptible species shall be removed from the territory

or region of Malta where the outbreak of foot-and-mouth disease

has occurred to another Member State until the foot-and-mouth

disease and infection free status is recovered in accordance with the

conditions of the Animal Health Code of the OIE, unless such

animals

(a) have not been vaccinated and are consigned directly to

a slaughter house for immediate slaughter; or

(b) have been isolated for at least thirty days immediately

prior to loading and have undergone a serological test

for the detection of antibody against foot-and-mouth

disease virus structural proteins, carried out with

negative results on samples taken during the ten days

prior to loading.

(4) Without prejudice to sub-rule (2) it may be decided, in

accordance with the procedure referred to in rule 78(2), that until

the foot-and-mouth disease and infection free status is recovered in

accordance with the conditions of the Animal Health Code of the

OIE the radius of the surveillance area around the vaccination zone

referred to in rule 50(2) shall be reduced after the completion with

satisfactory results of the measures provided for in rule 55.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

The competent authority shall ensure that additional

certification for intra-Community trade in animals of susceptible

s pe c i e s o r p r o du c t s d e r i ve d f r o m s uc h an i m a l s r e q ui r e d in

accordance with these rules shall be continued until the foot-and-

mouth disease and infection free status of Malta or part of the

territory, has been recovered in accordance with rules 58 and 59.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) The dispatch from Malta to another Member State of

animals of susceptible species vaccinated against foot-and-mouth

disease, shall be prohibited.

(2) By way of derogation from the prohibition in sub-rule (1),

the competent authority it may be decided in accordance with the

procedure referred to in rule 78(1) to adopt specific measures with

regard to vaccinated animals of susceptible species kept in zoos and

included in a programme for wildlife conservation or kept on

premises for farm animal resources, that have been listed by the

competent authority as breeding nucleus of animals indispensable

for the survival of the breed, subject to appropriate provisions in

the Animal Health Code of the OIE.

CHAPTER III

Preventive Measures

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

The competent authority shall ensure that

(a) laboratories and establishments in which live foot-and-

mouth disease virus, its genome, antigens or vaccines

produced from such antigens are handled for research,

diagnosis or manufacture are strictly controlled by the

competent authorities;

(b) the handling of live foot-and-mouth disease virus for

research and diagnosis is carried out only in approved

laboratories listed in Part A of Schedule XI;

(c) the handling of live foot-and-mouth disease virus for

the manufacturing of either inactivated antigens for the

production of vaccines or vaccines and related

research is carried out only in the approved

establishments and laboratories listed in Part B of

Schedule XI;

(d) the laboratories and establishments referred to in

paragraphs (b) and (c) are operated at least according

to the biosecurity standards set out in Schedule XII.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) Member States shall ensure that

(a) laboratory testing for foot-and-mouth disease is

carried out in laboratories authorised for such testing

by the competent authorities;

(b) laboratory testing to confirm the presence of foot-and-

mouth disease virus or other vesicular disease viruses

is carried out in accordance with rule 65 by one of the

laboratories listed in Part A of Schedule XI;

(c) one of the laboratories listed in Part A of Schedule XI

shall be designated as the national reference laboratory

for Malta;

(d) the national reference laboratory carries out at least the

functions and duties set out in Schedule XV;

(e) the national reference laboratory referred to in

paragraph (c) liases with the Community Reference

Laboratory according to European Community

legislation and in particular ensures the sending of

appropriate samples to the Community Reference

Laboratory.

(2) The national reference laboratory referred to in sub-rule

(1)(c) of one Member State may provide the services of a national

reference laboratory to Malta. In this case, the cooperation shall be

formalised in a mutual agreement between the competent

authorities of Malta and of the Member States concerned, which

shall be notified to the Commission. Such cooperation shall be

listed in the special column in the table in Part A of Schedule XI.

(3)

(a) The competent authority shall ensure that laboratory

investigations provided for in these rules are first of all

carried out to confirm or rule out foot-and-mouth

disease and to exclude other vesicular diseases.

(b) Where an outbreak of foot-and-mouth disease has been

confirmed and the serotype of the virus was identified,

that virus shall be antigenically characterised in

relation to the reference vaccine strains, where

necessary with the assistance of the Community

Reference Laboratory.

(c) Samples from domestic livestock showing signs of

vesicular disease which are negative for foot-and-

mouth disease virus and, where relevant, Swine

Vesicular Disease virus shall be sent to the Community

Reference Laboratory for further investigation.

(4) The competent authority shall ensure that the national

reference laboratory on their territory is adequately equipped and

staffed with the appropriate numbers of trained personnel to carry

out the laboratory investigations required in accordance with these

rules.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) An Operational Manual for Minimum Standards for

Laboratories working with the foot-and-mouth disease virus in

vitro and in vivo may be adopted in accordance with the procedure

referred to in rule 78(1).

(2) Guidelines for the surveillance required to recover the foot-

and-mouth disease and infection free status may be adopted in

accordance with the procedure referred to in rule 78(1).

(3) A uniform code of good conduct for the security systems

applied in the establishments and laboratories listed in Parts A and

B of Schedule XI may be adopted in accordance with the procedure

referred to in rule 78(1).

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) The competent authority shall ensure that the national

laboratories use the tests and standards for diagnosis set out in

Schedule XIII.

(2) A decision regarding the suitable arrangements for the

purchase, storage and supply to national laboratories of sufficient

quantities of specific reagents or diagnostic tests in case of an

emergency, in particular with regard to the measures provided for

in rule 54(3) may be adopted in accordance with the procedure

referred to in rule 78(1).

(3) An Operational Manual for the diagnosis of foot-and-mouth

disease and the differential diagnosis of vesicular diseases other

than swine vesicular disease, may be adopted in accordance with

the procedure referred to in rule 78(1).

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) The competent authority shall draw up a contingency

plan specifying the national measures required to maintain a high

level of foot-and-mouth disease awareness and preparedness, and

environmental protection and to be implemented in the event of an

outbreak of foot-and-mouth disease.

(2) The contingency plan shall provide for the access to all

facilities, equipment, personnel and other appropriate materials

necessary for the rapid and efficient eradication of an outbreak of

foot-and-mouth disease, it shall ensure coordination with

neighbouring Member States and encourage cooperation with

neighbouring third countries.

(3) The contingency plan shall provide for measures to be

implemented in the event of a worst case scenario as referred to in

point 12 of Schedule XVII and shall give indications of

(a) the vaccine requirements considered necessary in the

event of emergency vaccination, and

(b) the regions containing densely populated livestock

areas, taking into account the criteria set down in

Schedule X.

(4) The contingency plan shall ensure that all necessary

arrangements are made to prevent any avoidable damage to the

environment in the event of an outbreak, while ensuring at the same

time the highest disease control level, and minimise any damage

caused as a result of an outbreak, in particular if it is necessary to

bury or burn the carcasses of dead or killed animals on site.

(5) The criteria and requirements for drawing up the

contingency plan shall be those set out in Schedule XVI. Those

criteria and requirements may be amended taking into account the

specific nature of foot-and-mouth disease and progress made in the

development of disease control and environmental protection

measures in accordance with the procedure referred to in rule

78(1).

(6) The Commission shall examine the contingency plans in

order to determine whether they permit the objective provided for

in sub-rule (1) to be attained and shall suggest to the Member State

concerned any amendments required, in particular to ensure that

such plans are compatible with those of the other Member States.

(7) The contingency plans shall be approved in accordance

with the procedure referred to in rule 78(1).

(8) The competent authority shall ensure that significant

modifications in their approved contingency plans are notified to

the European Commission without delay.

(9) The revised contingency plans may subsequently be

approved in accordance with the procedure referred to in rule

78(1), to take into account developments in the situation.

(10) In any case, every five years the competent authority shall

update its contingency plan in particular in the light of realtime

alert exercises referred to in rule 68, and submit it to the

Commission for approval in accordance with the procedure referred

to in rule 78(1).

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) The competent authority shall ensure that real-time

alert exercises are carried out in accordance with their approved

contingency plan and Schedule XVI.

(2) The competent authority shall ensure that, where possible

and practical, realtime alert exercises are carried out in close

collaboration with the competent authorities of neighbouring

Member States or third countries.

(3) The competent authority shall inform the European

Commission about the main results of real-time alert exercises.

That information shall be submitted to the Commission as part of

the information required in Article 8 of European Council Directive

64/432/EEC.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) The competent authority shall ensure that a fully

functional national/central disease control centre may be

immediately established in the event of foot-and-mouth disease

outbreaks.

(2) The national/central disease control centre shall first of all

direct and monitor the operations of local disease control centres as

provided for in rule 70. Certain functions originally attributed to

the national/central disease control centre may subsequently be

transferred to the local disease control centre operated at the

administrative level provided for in Article 2(2)(p) of European

Council Directive 64/432/EEC or higher provided that the tasks of

the national disease control centre are not compromised.

(3) The national/central disease control centre shall be at least

responsible for

(a) designing the necessary control measures;

(b) ensuring the prompt and efficient implementation of

those measures by the local disease control centres;

(c) deploying staff and other resources to local disease

control centres;

(d) providing information to the European Commission, to

the competent authorities of other Member States and

other national authorities including competent

environmental authorities and bodies, as well as

veterinary, agricultural and trading organisations and

bodies;

(e) organising an emergency vaccination campaign and

also the delimitation of vaccination zones;

(f)

liasing with diagnostic laboratories;

(g) liasing with competent environmental authorities to

coordinate the actions on veterinary and environmental

safety;

(h) liasing with the media;

(i)

liasing with the enforcement bodies to ensure adequate

implementation of specific legal measures.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) The competent authority shall ensure that the national/

central disease control centres have all the necessary means

including staff, facilities and equipment, to manage an efficient

eradication campaign.

(2) The means referred to in sub-rule (1) shall include at least

the following

(a) a herd identifier and

animal

location

system,

preferably computerised;

(b) all suitable means of communication including

telephones, fax and if possible facilities for

communication with the media;

(c) a communication system allowing exchange of

information with the local disease control centres, the

laboratories and other relevant organisations,

preferably computerised;

(d) maps and other sources of information that can be used

in directing control measures;

(e) a shared daily journal which shall be maintained to

record in chronological order all the events associated

with an outbreak of foot-and-mouth disease and

allowing different activities to be linked and

coordinated;

(f)

lists of national and international organisations and

laboratories that are interested in an outbreak of foot-

and-mouth and shall be contacted in such an event;

(g) lists of staff and other persons who may be called upon

immediately to serve at local disease control centres or

in expert groups provided for in rule 73 in the event of

an outbreak of foot-and-mouth disease;

(h) lists of competent environmental protection authorities

and bodies to contact in the event of an outbreak of

foot-and-mouth disease;

(i)

maps identifying appropriate processing site areas;

(j)

lists of treatment and processing undertakings

authorised to treat or process animal carcasses and

animal waste that could be commissioned in the event

of an outbreak of foot-and-mouth disease, in

particular, indicating their capacity, address and other

contact details;

(k) lists of measures to monitor and control disinfectant

runoff as well as body tissue and fluid displacement

into the surrounding environment as a result of carcass

decomposition, particularly into surface waters and

groundwaters.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) The competent authority shall ensure that fully

functional local disease control centres may be established

immediately in the event of outbreaks of foot-and-mouth disease.

(2) The competent authority shall ensure that within the

framework of their contingency plans, provisions are made for

likely locations of local disease control centres, their organisation,

staff, accommodation, facilities and equipment, management

systems, communication lines as well as information channels.

(3) The competent authority shall ensure the local disease

control centres act in close coordination and cooperation with the

national/central disease control centre, in particular in relation to

the measures provided for in rule 68(3)(b).

(4) The competent authority shall ensure that local disease

control centres have the necessary organisation to ensure the

prompt implementation of the measures provided for in these rules

to be applied in the event of an outbreak of foot-and-mouth disease.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) The competent authority shall ensure that the local

disease control centres have staff, facilities and equipment as

r e q u i r e d , a n d a c l e a r m a n a g e m e n t s t r u c t u r e a n d e ff e c t i v e

management to ensure the prompt implementation of the measures

relating to the epidemiological inquiry, environmental protection,

processing of carcasses from infected herds, official surveillance of

the zones, tracing, welfare and emergency slaughter, cleansing and

d i s i n f e c t i on a nd o t h e r s m e a s u r e s o f sa n i ta t i on , e m e rg e n c y

vaccination, and all other policy decisions.

(2)

The local disease control centres shall have at least

(a) one telephone line reserved for communication with

the national disease control centre accessible phone

lines where farmers and other rural residents can

obtain recent, accurate information about the measures

taken;

(b) field staff equipped with necessary tools for

communication and effective management of all

necessary data;

(c) a record system, preferably computer-based, connected

to the national disease control centre and to all

necessary

databases,

laboratories

and

other

organisations;

(d) a shared daily journal which shall be maintained to

record in chronological order all the events associated

with an outbreak of foot-and-mouth and allowing

different activities to be linked and coordinated;

(e) up-to-date lists of persons, including private

veterinarians, and local organisations in each region

who shall be contacted and may be involved in the

event of an outbreak of foot-and-mouth disease;

(f)

up-to-date lists of holdings to which the provisions of

rules 15 and 18 may be applied in the case of an

outbreak of foot-and-mouth disease;

(g) up-to-date inventories of possible burning or burial

places for animals killed in accordance with these

rules and to be processed in accordance with

Community and national legislation on the protection

of the environment;

(h) up-to-date list of competent environmental authorities

in each region, as well as other environmental bodies

who must be contacted and are to be involved in the

event of an outbreak of foot-and-mouth disease;

(i)

maps identifying suitable disposal sites for burial of

carcasses that will not present a risk of harm to the

environment, in particular to surface waters or

groundwaters;

(j)

list of treatment and disposal undertakings authorised

to treat or dispose of animal carcasses and animal

waste;

(k) list of measures to monitor and control disinfectant

runoff as well as body tissue and fluid displacement

into the surrounding environment as a result of carcass

decomposition, particularly into surface waters and

groundwaters.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) The competent authority shall create a permanently

operational expert group, which is composed of epidemiologists,

veterinary scientists and virologists in a balanced way, to maintain

expertise in order to assist the competent authority in ensuring

preparedness against an outbreak of foot-and-mouth disease

Provided that by way of derogation hereof, the competent

authority may arrange a formalised agreement with other Member

States on mutual assistance in regard of the expert group. These

arrangements shall be detailed in the contingency plans referred to

in rule 66.

(2) In case of a suspicion of an outbreak of foot-and-mouth

disease the expert group shall at least

(a) evaluate the clinical picture and the epidemiological

situation;

(b) give advice regarding the sampling and analyses

needed for diagnosing the foot-and-mouth disease

together with the additional actions and measures to be

taken.

(3) In case of an outbreak of foot-and-mouth the expert group

shall at least

(a) conduct at least in the index case and if necessary on

the spot, an evaluation of the clinical picture and an

analysis of the epidemiological inquiry in order to

collect the necessary data for determining

(i) the origin of the infection;

(ii) the date of introduction of the infectious agent;

(iii) the possible spread of the disease;

(b) report to the Chief Veterinary Officer and the national

disease control centre;

(c) give advice on screening, sampling, test procedures,

control and the other measures to be applied and on the

strategy to be implemented, including advice on

biosecurity measures on holdings or on premises

referred to in rule 16, and in relation to emergency

vaccination;

(d) follow up and guide the epidemiological inquiry;

(e) supplement

the

epidemiological

data

with

geographical, meteorological and other necessary

information;

(f)

analyse the epidemiological data and perform risk

assessments at regular intervals;

(g) assist in ensuring that the processing of animal

carcasses and animal waste is done with a minimum of

detrimental effect on the environment.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) Malta may within the framework of the contingency

plan establish or maintain national antigen and vaccine banks for

the storage of reserves for emergency vaccination of antigens or

vaccines authorised in accordance with European Council Directive

2001/82/EC.

(2) The competent authority may retain establishments for the

packaging and storage of vaccines in the case of emergency

vaccination.

(3) The competent authority shall ensure that the antigen and

formulated vaccine in the national antigen and vaccine banks

comply with the minimum standards laid down for the Community

antigen and vaccines bank with respect to safety, sterility and

content of non-structural proteins.

(4) In the event that Malta maintains a national antigen and

vaccine bank, the competent authority shall inform the European

Union Commission about the antigen and vaccine stocks kept. Such

information shall be submitted to the European Commission every

twelve months as part of the information required by Article 8 of

European Council Directive 64/432/EEC. The information on

quantities and sub-types of antigens or authorised vaccines stored

in the national antigen and vaccine bank shall be treated as

classified information and in particular shall not be published.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) Without prejudice to Regulation (EC) No 1774/2002,

and any European Comunity legislation, the competent authority

shall ensure that the prohibition on swill feeding in accordance

with Community and national legislation is applicable to all

animals irrespective of their use or the place inhabited by these

animals. Detailed rules for the control measures to be applied by

the competent authority may be adopted in accordance with the

procedure referred to in rule 78(1).

(2) Detailed rules for the control of foot-and-mouth disease in

animals referred to in the second sentence of the definition of

‘animal of a susceptible species’ in rule 2 may be adopted in

accordance with the procedure referred to in rule 78(1).

(3) Immediately after the competent authority has information

that wild animals are suspected of being infected with foot-and-

mouth disease, it shall take all appropriate measures to confirm or

rule out the presence of the disease by investigations of all wild

animals of susceptible species shot or found dead, including

laboratory testing. It shall inform owners of animals of susceptible

species and hunters on the suspicion.

(4) As soon as the competent authority has confirmation of a

primary case of foot-and-mouth disease in wild animals, it shall

immediately apply the measures provided for in Part A of Schedule

XVII in order to reduce the spread of disease, and shall draw up a

plan for the eradication of foot-and-mouth disease in accordance

with Part B of Schedule XVII. It shall inform owners of animals of

susceptible species and hunters of the confirmed case.

CHAPTER IV

Implementing Measures

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

The competent authority shall lay down the rules on

penalties applicable to infringements of these rules and shall take

all measures necessary to ensure that they are implemented. The

penalties provided for must be effective, proportionate and

dissuasive. The competent authority shall notify those provisions to

the Commission and shall notify it without delay of any subsequent

amendment affecting them.

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) Detailed rules for the implementation of sub-rule (2)

and rule 69(2) may be adopted in accordance with the procedure

referred to in rule 78(1).

(2) Further detailed rules for the implementation of these rules

may be adopted in accordance with the procedure referred to in rule

78(1).

(3) The Schedules to these rules may be amended in

accordance with the procedure referred to in rule 78(1) or, in the

case of Schedule XI, in accordance with the procedure referred to

in rule 78(2).

Laws of Malta — Subsidiary Legislation 437.50 — FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

(1) Where reference is made to this sub-rule, Articles 5

and 7 of European Council Decision 1999/468/EC shall apply. The

period laid down in Article 5(6) of Decision 1999/468/EC shall be

set at three months.

(2) Where reference is made to this sub-rule, Articles 5 and 7

of Decision 1999/468/EC shall apply. The period laid down in

Article 5(6) of that Decision shall be set at fifteen days.

FOOT-AND-MOUTH DISEASE (CONTROL MEASURES)

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