IDENTIFICATION AND REGISTRATION OF BOVINE ANIMALS (LEVELS OF CONTROL) RULES (levelsofcontrol)

SUBSIDIARY LEGISLATION 437.51

IDENTIFICATION AND REGISTRATION OF

BOVINE ANIMALS (LEVELS OF CONTROL)

RULES

11th March, 2005

LEGAL NOTICE 68 of 2005.

(1) The title of these rules is the Identification and

Registration of Bovine Animals (Levels of Controls) Rules.

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

down by the European Union Council Regulation 1082/2003 (EC).

Report on the results of conrols made in the bovine sector regarding

Community provisions for identification and registration

1. General information on animals and inspections

Total number of holdings 1 registered in Malta as

registered at the beginning of the reporting/inspection

period

Total number of holdings inspected

Total number of inspections made

Total number of bovine livestock as registered at the

beginning of the reporting/inspection period

Total number of bovines in inspected holdings

1. As defined in the second indent of Article 2 of Regulation (EC) No. 1760/2000

2. Breaches found by category

Affected animals Affected holdings

1. Animal identification failure

2. Holding register discrepancies

3. Failure to notify birth, death or movement

Passport anomalies 2

4.

5. Animals/holdings with only one breach as listed in

points 1 - 4

6. Animals/holdings with more than one breach as

listed in points 1 - 4

7. Animals/holdings with breaches in total (points 5

and 6)

2. Not applicable in Member States having decided that passports are to be issued only for animals

intended for intra-Community trade in accordance with Article 6(3) of Regulation (EC) No. 1760/

2000.

3. Sanctions imposed according to Regulation (EC) No.

494/98

Affected animals Affected holdings

1. Restriction of movements of individual bovines

2. Restriction of movements of all bovines on the

holding

3. Destruction of animals

in total

IDENTIFICATION AND REGISTRATION

OF BOVINE ANIMALS (LEVELS OF CONTROLS)

For the purposes of these rules, "the competent authority”

means the Veterinary Services as established by article 2 of the

Veterinary Services Act.

Correlation table

Regulation (EC) No. 2630/97

These rules

Article 1

Rule 3

Article 2(1)

Rule 4(1)

Article 2(2)

Rule 4(2)

Article 2(3)

Rule 4(3)

Article 2(4)(a)

Rule 4(4)(a)

Article 2(4)(b)

Rule 4(4)(b)

Article 2(4)(c)

Rule 4(4)(c)

Article 2(4)(d)

Rule 4(4)(d)

Article 2(4)(e) first indent

Rule 4(4)(e)(i)

Article 2(4)(e) second indent

Rule 4(4)(e)(ii)

Article 2(4)(f)

Rule 4(4)(f)

Article 2(4)(g)

Rule 4(4)(g)

Article 2(5)

Rule 4(5)

Article 2(6)

Rule 4(6)

Article 3

Rule 5

Article 4

Rule 6

Article 5

Rule 6

-

-

Article 6

Rule 7

Annex

Schedule 1

-

-

-

Schedule 2

The controls provided for in the system for the

identification and registration of bovine animals shall, at least,

comply with the minimum requirements set out in rules 4 to 7.

(1) The competent authority shall carry out on-the-spot

inspections, which may be carried out in conjunction with any other

in s pe c ti o ns pr o vi de d fo r b y C o m m un it y l e gi s l a ti on . T ho s e

inspections shall each year cover at least 10% of holdings situated

in M a l t a . T h a t m i n im u m r a t e o f c o n t r ol s h a l l b e i nc r e a s e d

immediately where it is established that Community legislation

regarding identification has not been complied with.

(2) By way of derogation from sub-rule (1), where a Member

State has in place a fully operational database in accordance with

Article 5 of Regulation (EC) No 1760/2000 which provides

effective crosschecking facilities, a rate of 5% may be envisaged.

(3) The selection of holdings to be inspected by the competent

authority shall be made on the basis of risk analysis.

(4) The risk analysis for each holding shall take into account,

in particular, the following

(a) the number of animals on the holding, including

details of all the animals present and animals

identified on the holding;

(b) public and animal health considerations, and in

particular the existence of previous outbreaks of

disease;

(c) the amount of annual bovine premium claimed and, or

paid to the holding, compared with the amount paid

the previous year;

(d) significant changes in comparison with situations in

previous years;

(e) results of checks conducted in earlier years, in

particular

(i)

the proper keeping of the holding register, as

provided for by Commission Regulation (EC)

No 2629/97;

(ii) the proper keeping of passports of the animals

present in the holding, as provided for by

Regulation (EC) No 2629/97;

(f)

proper communication of the data to the competent

authority;

(g) other criteria to be defined by the competent authority.

(5) Each inspection shall be the subject of a report standardised

at national level setting out the results of the controls and any

unsatisfactory findings, the reason for the control and the persons

present. The keeper or his representative shall be given the

opportunity to sign the report and, as appropriate, to give his

observations on its content.

(6) Copies of the reports referred to in sub-rule (5) shall, where

they reveal infringements of Regulation (EC) No 1760/2000, be

sent without delay to the competent authorities responsible for the

implementation of Commission Regulation (EC) No 2419/2001.

(1) The control shall cover all the animals on the holding

for which identification is provided for by Regulation (EC) No

1760/2000.

(2) By way of derogation from sub-rule (1), if for practical

reasons it is not possible to assemble the animals on the holding

within a period of forty-eight hours, the competent authority may

provide for a sampling system provided that a reliable level of

control is ensured.

(1) On-the-spot checks shall in general be unannounced.

Where advance warning is given, it shall be limited to the strict

minimum necessary and as a general rule shall not exceed forty-

eight hours.

(2) Malta shall make an annual report to the Commission,

before 31 August each year, giving details of the following

(a) the number of holdings in the Member State

concerned;

(b) the number of inspections made pursuant to rule 4;

(c) the number of animals which have been inspected;

(d) any breach found;

(e) any sanction imposed in accordance with Article 22 of

Regulation (EC) No 1760/2000.

(3) The information referred to in sub-regulation (2) shall be

transmitted to the Commission following the model structure

presented in Schedule 1.

For the purposes of these rules any reference made to

European Union Council Regulation (EC) No 2630/97 shall be

construed as a reference to this rule and shall be read in accordance

with the correlation table set out in Schedule 2.

IDENTIFICATION AND REGISTRATION

OF BOVINE ANIMALS (LEVELS OF CONTROLS)