HEALTH CONDITIONS GOVERNING INTRA- COMMUNITY TRADE IN OVINE AND CAPRINE ANIMALS RULES *

SUBSIDIARY LEGISLATION 437.79

HEALTH CONDITIONS GOVERNING INTRA-

COMMUNITY TRADE IN OVINE AND

CAPRINE ANIMALS RULES *

19th August, 2005

LEGAL NOTICE 293 of 2005, as amended by Legal Notice 257 of 2010.

(1) The title of these rules is the Health Conditions

governing Intra-Community Trade in Ovine and Caprine Animals

Rules.

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

found under European Union Council Directive 91/68/EEC

regarding animal health conditions governing intra-Community

trade in ovine and caprine animals.

(3) These rules define the animal health conditions governing

exchanges with Member States of European Union in ovine and

caprine animals.

(4) For the purposes of these regulations any reference made

under European Union Council Directive 91/68/EEC to Annex E

has now been harmonised under Commission Regulation (EC) No

599/2004 of the 30th March 2004 concerning the adoption of a

harmonised model certificate and inspection report linked to intra-

Community trade in animals and products of animal origin

Provided that the certificate found under Commission

Decision 599/2004 shall apply to these rules.

CHAPTER 1

Officially brucellosis (B. melitensis)-free ovine or caprine holding

Grant of status

An officially brucellosis (B. melitensis)-free ovine or caprine holding means

1. a holding

(a) in which all the animals which are susceptible to brucellosis (B.

melitensis) have been free from clinical or any other signs of brucellosis

(B. melitensis) for at least 12 months;

(b) which contains no ovine or caprine animals which have been vaccinated

against brucellosis (B. melitensis), save those vaccinated at least two

years previously with Rev. 1 vaccine or any other vaccine approved

under the relevant procedure of the European Community;

(c) in which two tests separated by an interval of six months or more have

been carried out, with negative results, in accordance with Schedule C

on all ovine and caprine animals on the holding over six months of age

at the time of testing; and

(d) in which, following the tests referred to in paragraph (c), there are only

ovine or caprine animals born on the holding or which have come from

an officially brucellosis-free or brucellosis-free holding under the

conditions laid down in point D, and in which, after qualification, the

requirements laid down in point B continue to be fulfilled;

2. a holding situated in an "officially recognized brucellosis-free ovine or

caprine holding" in terms of the definition in rule 2.

Maintenance of status

1. In the case of officially brucellosis (B. melitensis)-free ovine or caprine

holdings which are not situated in a part of the territory which is recognized as

officially brucellosis-free, and in which, after qualification, the introduction of

animals is carried out in accordance with the requirements of point D, a

representative number of the ovine and caprine animals over six months old must be

checked annually. The holding may retain its officially brucellosis (B. melitensis)-

free status if the results of the tests are negative. The representative number of

animals to be tested must, for each holding, consist of the following

all non-castrated male animals over six months old,

all animals brought onto the holding since the previous test,

25% of the females which have reached the age of reproduction (i.e.

which are sexually mature) or are in milk, with a minimum of 50 per

holding except in holdings where there are fewer than 50 such females,

in which case all females must be tested.

2. For a region which is not officially brucellosis-free where more than 99% of

the ovine or caprine holdings are declared to be officially brucellosis (B. melitensis)-

free, the frequency of checks of officially brucellosis-free ovine or caprine holdings

may be extended to three years, provided that the holdings which are not officially

brucellosis free are placed under official control or undergo an eradication

programme.

Suspected or actual cases of brucellosis

HEALTH CONDITIONS GOVERNING INTRA-COMMUNITY

TRADE IN OVINE AND CAPRINE ANIMALS

1. Where, on an officially brucellosis-free ovine or caprine holding,

(a) one or more ovine or caprine animals are suspected of having

brucellosis (B. melitensis), the holding’s officially brucellosis-free

status must be withdrawn by the Veterinary Services. However, that

status may be provisionally suspended if the animal or animals are

immediately destroyed or isolated, pending official confirmation of the

disease or an official quashing of the suspicion of that disease;

(b) brucellosis (B. melitensis) is confirmed, the provisional suspension may

be lifted by the Veterinary Services only if all animals infected or all the

animals of species susceptible to infection are slaughtered and two tests,

separated by an interval of at least three months or more, and carried out

in accordance with Schedule C on all the animals of the holding over six

months old, give negative results.

2. If the holding referred to in paragraph 1 hereof is in a region which is

recognized as officially free from brucellosis (B. melitensis), the Veterinary Services

concerned must immediately inform the European Commission and the other

Member States.

The Veterinary Services must

(a) order the slaughtering all infected animals and all animals of species

susceptible to infection on the holding concerned. The Veterinary

Services concerned must keep the European Commission and the other

Member States informed of the development of the situation;

(b) conduct an epidemiological enquiry, and the herds linked

epidemiologically to the infected herd must undergo the tests laid down

in point 1(b).

3. Should an outbreak of brucellosis be confirmed in accordance with point 2,

after assessing of the circumstances of the renewed outbreak of brucellosis (B.

melitensis) by the European Commission, if that assessment so justifies, a decision

suspending or withdrawing the status of that region may be adopted under the

relevant procedure of the European Community. If the status is withdrawn, the

conditions for a new qualification shall be specified in accordance with the same

Introduction of animals onto an officially brucellosis (B. melitensis)-free

ovine or caprine holding

Ovine or caprine animals may not be introduced into an ovine or caprine holding

which is officially free from brucellosis unless they either

1. come from an officially brucellosis-free ovine or caprine holding

2. or

come from a brucellosis-free holding and,

are identified individually in accordance with rule 4(1)(a),

have never been vaccinated against brucellosis or if they have been

vaccinated, were so vaccinated more than two years previously.

However, females over two years old which were vaccinated before the

age of seven months may also be brought onto the holding, and

were isolated under official supervision on the holding of origin and,

during such isolation underwent, with negative results, two tests

separated by an interval of at least six weeks in accordance with

Schedule C.

Officially brucellosis-free Member State or region

Any Member State or region within the meaning of Article 2 (10) of Directive 91/

68/EEC may be recognized, under the relevant procedure of the European

Community, as being officially brucellosis-free

1. (a) in which at least 99,8% of the ovine or caprine holdings are officially

brucellosis-free holdings; or

(b) which fulfils the following conditions

(i)

ovine or caprine brucellosis is a disease that has been

compulsorily notifiable for at least five years;

(ii) no case of ovine or caprine brucellosis has been officially

confirmed for at least five years;

(iii) vaccination has been prohibited for at least three years; and

(c) for which compliance with these conditions has been established under

the relevant procedure of the European Community;

2. in which the conditions set out in point 1 have been satisfied; and

(i)

(a) the first year following recognition of a Member State or region

as brucellosis-free (Br. melitensis), random checks carried out at

either holding or slaughterhouse level show with a confidence

rating of 99% that less than 0,2% of the holdings were infected, or

at least 10% of the ovine and caprine animals over six months of

age have undergone a test carried out in accordance with

Schedule C with negative results;

(b) annually, from the second year following recognition of a

Member State or region as brucellosis-free (Br. melitensis),

random checks carried out at either holding or slaughterhouse

level show with a confidence rating of 95% that less than 0,2% of

the holdings were infected, or at least 5% of the ovine and caprine

animals over six months of age have undergone a test carried out

in accordance with Schedule C with negative results;

(c) the provisions laid down in the above two indents may be

amended in accordance with the relevant procedure of the

European Community.

(ii) the conditions for qualification continue to be fulfilled.

Brucellosis (B. melitensis)-free ovine or caprine holding

Grant of status

An ovine or caprine holding is considered to be brucellosis (B. melitensis)

1. in which

(a) all the animals susceptible to brucellosis (B. melitensis) have been free

from clinical or other signs of brucellosis for at least 12 months;

(b) all or some of the ovine or caprine animals have been vaccinated with

Rev. 1 vaccine or any other vaccine approved under the relevant

procedure of the European Community. The vaccinated animals must

have been vaccinated before the age of seven months;

(c) two tests separated by an interval of six months or more have been

HEALTH CONDITIONS GOVERNING INTRA-COMMUNITY

TRADE IN OVINE AND CAPRINE ANIMALS

carried out, with negative results, in accordance with Schedule C, on all

vaccinated ovine and caprine animals on the holding which are over 18

months old at the time of testing;

(d) two tests separated by an interval of six months or more have been

carried out, with negative results, in accordance with Schedule C, on all

non-vaccinated ovine and caprine animals on the holding which are over

six months old at the time of testing; and

(e) after the tests referred to under points (c) or (d) have been carried out,

all the ovine and caprine animals on the holding were either born there

or come from a brucellosis-free holding under the conditions laid down

in section D; and

2. in which the requirements laid down under paragraph (b) continue to be

fulfilled once it has qualified as brucellosis-free.

Maintenance of status

An annual test must be carried out on a representative number of the ovine and

caprine animals on each holding. The holding may retain its status only if the tests

are negative.

The representative number of animals to be tested must, for each holding, consist

all non-castrated male animals over six months old which have not been

vaccinated,

all non-castrated male animals over 18 months which have been

vaccinated,

all animals brought onto the holding since the previous test,

25% of females which are of reproductive age (sexually mature) or in

milk, with a minimum of 50 per holding except in holdings where there

are fewer than 50 such females, in which case all these females must be

tested.

Suspected or actual cases of brucellosis

1. The brucellosis-free status of an ovine or caprine holding must be withdrawn

if the holding contains one or more ovine or caprine animals which are suspected of

having brucellosis (B. melitensis). However, that status may be provisionally

suspended if the animal or animals are immediately destroyed or isolated pending

official confirmation of the disease or an official quashing of the suspicion of that

2. If brucellosis (B. melitensis) is confirmed, the provisional suspension may

be lifted only if all animals infected or all the animals of the species susceptible to

infection are slaughtered and two tests, separated by an interval of three months or

more and carried out in accordance with Schedule C on,

all vaccinated animals over 18 months old,

all non-vaccinated animals over six months old,

and both give negative results.

Introduction of animals into a brucellosis (B. melitensis)-free ovine or

caprine holding

The following animals only may be introduced into an ovine or caprine holding

which is free from brucellosis

1. ovine or caprine animals which come from an ovine or caprine holding

which is free from or officially free from brucellosis (B. melitensis);

2. until the date laid down for holdings to qualify as brucellosis-free in

accordance with the eradication plans adopted under Decision 90/242/EEC ovine or

caprine animals from holdings other than those referred to in point 1, provided that

they meet the following conditions

(a) they must be individually identified in accordance with Article 4(1)(a)

of Directive 91/68/EEC;

(b) they must originate in a holding on which all animals belonging to

species which are susceptible to brucellosis (B. melitensis) have shown

no clinical or other signs of brucellosis (B. melitensis) for at least 12

months;

(c)

(i)

(a)

they must not have been vaccinated during the previous two

years;

(b) they must have been kept under isolation under veterinary

supervision on the holding of origin and, during that period,

must have undergone, with negative results, two tests

separated by an interval of at least six weeks in accordance

with Schedule C; or

(ii) they must have been vaccinated with Rev. 1 vaccine or any other

vaccine approved in accordance with the relevant procedure of the

European Community before the age of seven months and not less

than 15 days before entering the holding of destination.

Change of status

A brucellosis (B. melitensis)-free ovine or caprine holding may qualify as an

officially brucellosis (B. melitensis)-free herd after a minimum period of two years

(a) it contains no animal which has been vaccinated against brucellosis (B.

melitensis) during the preceding two years at least;

(b) the conditions laid down in point D.2. have been complied with

throughout that period;

(c) at the end of the second year, a test carried out, in accordance with

Schedule C, on all animals aged over six months has in each case given

a negative result.

(1) For the purposes of these rules, the definitions given in

Article 2 of Directive 90/425/EEC and in Article 2 of Directive 91/

628/EEC of 19 November 1991 on the protection of animals during

transport and amending Directives 90/425/EEC and 91/496/EEC

shall apply as far as applicable.

(2) In addition, the following definitions shall apply for the

purposes of these rules -

"the Act" means the Veterinary Services Act;

"approved assembly centre" means premises on which ovine or

caprine animals originating from different holdings are grouped

together to form consignments of animals intended for intra-

Community trade;

"approved dealer ’s premises" means premises operated by a

dealer as defined in these rules and approved by the competent

authorities at which ovine or caprine animals originated from

different holdings are grouped together to form consignments of

animals intended for intra-Community trade;

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

"assembly centre" means collection centres and markets, at

which under the supervision of the official veterinarian ovine and

caprine animals originating from different holdings are grouped

together to form consignments of animals for national movement;

"brucellosis-free ovine or caprine holding" means a holding

which satisfies the conditions laid down in Chapter 2 of Schedule

A;

"the Commission" means the European Commission;

"the Community" means the European Community as established

under the Treaty establishing the European Community;

"the competent authority" means the Veterinary Services within

the territory of Malta as provided under article 2 of the Veterinary

Services Act.

"compulsorily notifiable disease" means a disease listed under

Section I of Schedule B;

"dealer" means any natural or legal person who buys and sells

animals commercially either directly or indirectly, who has a

turnover of these animals and who within a maximum of twenty-

nine days of purchasing animals resells them or relocates them

from the first premises to other premises or directly to a

slaughterhouse not within his ownership;

"holding of origin" means any holding on which the ovine and

caprine animals have been continuously present as required by

these rules and on which records are maintained demonstrating the

residence of the animals which may be audited by the competent

authorities;

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

European Community;

"the Minister" means the Minister responsible for agriculture;

"official veterinarian" means a veterinarian designated by the

competent central authority of the Member State; for Malta, a

veterinarian designated by the Veterinary Services;

"officially brucellosis-free ovine or caprine holding" means a

holding which satisfies the conditions laid down in Section I of

Chapter 1 of Schedule A;

"ovine or caprine animals for breeding" means ovine and caprine

animals other than those for slaughter or for fattening intended to

be transported to the place of destination, either directly or via an

approved assembly centre, for breeding and production purposes;

"ovine or caprine animals for fattening" means ovine and caprine

animals other than those for slaughter or for breeding intended to

be transported to the place of destination, either directly or via an

approved assembly centre, in order to be fattened for subsequent

slaughter;

"ovine or caprine animals for slaughter" means animals of the

ovine or caprine species intended to be taken either directly or via

an approved assembly centre to a slaughterhouse in order to be

slaughtered;

"region" means that part of a Member State’s territory which is at

least 2000 km 2 in area and which is subject to inspection by the

competent authorities and includes at least one of the following

administrative regions

-

Belgium

province/provincie

-

Germany

Regierungsbezirk

-

Denmark

amt or island

-

France

department

-

Italy

provincia

-

Luxembourg

-

Netherlands

RVV-kring

-

United Kingdom

England, Wales and

county

Northern Ireland

-

Scotland

district or island area

-

Ireland

county

-

Greece

υoμς

-

Spain

provincia

-

Portugal

Continent

distrito

Other

parts

of

região autónoma

Portugal’s territory

-

Austria

Bezirk

-

Sweden

län

-

Finland

lääni/län

"transporter" means any natural or legal person referred to in

Article 5 of Directive 91/628/EEC;

"Veterinary Services" means the competent authority within the

territory of Malta as established under article 2 of the Act.

Foot-and-mouth disease

Brucellosis (B. melitensis)

Contagious epidydimitis (B. ovis)

Anthrax

Rabies

*Compulsorily notifiable diseases

HEALTH CONDITIONS GOVERNING INTRA-COMMUNITY

TRADE IN OVINE AND CAPRINE ANIMALS

III

-

Contagious agalactia

-

Paratuberculosis

-

Caseous lymphadenitis

-

Pulmonary adenomatosis

-

Maedi Visna

-

Caprine viral arthritis/encephalitis.

(1) Ovine and caprine animals for slaughter may be the

subject of trade only if they fulfil the conditions laid down in rules

4 to 7.

(2) Ovine and caprine animals for fattening may be the subject

of trade only if they fulfil the conditions laid down in rules 4 to 8,

without prejudice to any additional guarantees which may be

required pursuant to rules 10 and 11.

(3) Ovine and caprine animals for breeding may be the subject

of trade only if they fulfil the conditions laid down in rules 4 to 9,

without prejudice to any additional guarantees which may be

required pursuant to rules 10 and 11.

(4) By way of derogation from the provisions in sub-rules (2)

and (3), the competent authorities of Member States of destination

may grant general or limited derogations in respect of movement of

ovine and caprine animals for breeding and fattening, intended

solely for tem porary pasturing near internal borders of the

Community.

HEALTH CONDITIONS GOVERNING INTRA-COMMUNITY

TRADE IN OVINE AND CAPRINE ANIMALS

(5) Ovine and caprine animals covered by these rules must at

no time between leaving the holding of origin and arriving at

destination come into contact with cloven-hoofed animals other

than animals that have the same health status.

Brucellosis (B. melitensis) tests

For a holding to qualify for brucellosis-free status, testing for brucellosis (B.

melitensis) is performed by means of the Rose Bengal method or by the complement-

fixation method described in the Schedule D to these rules or by any other method

recognized in accordance with the relevant procedure of the European Community.

The complement-fixation method is used for tests on individual animals.

When carrying out the Rose Bengal test, if more than 5% of the animals on a

holding show a positive reaction, a further test is carried out on every animal on the

holding by means of the complement-fixation method.

Serum containing 20 or more ICFT units/ml must be regarded as positive in the

complement-fixation test.

The antigens used must be approved by the national laboratory and must be

standardized against the second international standard anti-brucella abortus serum.

(1)

Veterinary Services shall ensure that ovine and caprine

animals

(a) are identified and registered in accordance with

European Community legislation;

(b) are inspected by an official veterinarian during the

twenty-four hours preceding the loading of the

animals, and show no clinical sign of disease;

(c) do not come from a holding, nor have been in contact

with animals from a holding, which is the subject of a

prohibition on animal health grounds; the period of

such prohibition shall last after the slaughter and, or

the disposal of the last animal suffering from or

susceptible to anyone of the diseases hereunder

referred to, for at least

(i) forty-two days in the case of brucellosis,

(ii) thirty days in the case of rabies,

(iii) fifteen days in the case of anthrax;

(d) do not come from a holding, nor have been in contact

with animals from a holding, situated in an area which

for health reasons is subject to a prohibition or

restriction affecting the species involved in accordance

with European Community and, or national legislation;

(e) are not the subject of animal health restrictions

pursuant to European Community legislation on foot-

and-mouth disease nor have they been vaccinated

against foot-and-mouth disease.

(2) The Veterinary Services shall ensure that the following

animals are not the subject of trade

(a) ovine and caprine animals which may have to be

slaughtered under a national programme for the

eradication of diseases not referred to in Annex C to

Directive 90/425/EEC or in Chapter I of Schedule B to

these rules;

(b) ovine and caprine animals which cannot be marketed

on their own territory for health or animal health

reasons justified by Article 30 of the Treaty of Rome.

(3) The Veterinary Services shall ensure that ovine and caprine

animals shall

(a) either have been born and reared since birth in the

European Community, or

(b) have been imported from a third country in accordance

with European Community legislation.

Official contagious epidydimitis (Brucella ovis) test

Complement-fixing test

The specific antigen used must be approved by the national laboratory and must be

standardized against the international standard anti-brucella ovis serum.

The working serum must be standardized with the international standard

antibrucella ovis serum prepared by the Central Veterinary Laboratory, Weybridge,

Surrey, United Kingdom.

A serum containing 50 or more International Units per/ml must be regarded as

positive.

(1) The Veterinary Services shall ensure that ovine and

caprine animals for slaughter, breeding and fattening are not

dispatched to another Member State, unless the animals

(a) have been continuously resident on the holding of

origin for at least thirty days, or since birth if the

animals are younger than thirty days of age,

(b) do not come from a holding into which ovine or

caprine animals have been introduced during the

twenty-one days prior to dispatch,

(c) do not come from a holding into which biungulate

animals imported from a third country have been

introduced during the thirty days prior to dispatch.

(2) By way of derogation from sub-rule (1)(b) and (c), the

Veterinary Services may authorise the dispatch of ovine and

caprine animals to another Member State, if the animals referred to

in sub-rule (1)(b) and (c) have been completely isolated from all

other animals on the holding.

Where in these regulations reference is made to Schedule E of these regulations or

Annex E of the European Union Council Directive 91/68/EEC reference should be

made to the European Union Commission Regulation (EC) No 599/2004 concerning

HEALTH CONDITIONS GOVERNING INTRA-COMMUNITY

TRADE IN OVINE AND CAPRINE ANIMALS

the adoption of a harmonised model certificate and inspection report linked to intra-

Community trade in animals and products of animal origin.

HEALTH CONDITIONS GOVERNING INTRA-COMMUNITY

TRADE IN OVINE AND CAPRINE ANIMALS

Model III

HEALTH CERTIFICATE ( 1 ) FOR TRADE

1. Consignor (name and address in full)

..................................................................... B E T W E E N M E M B E R S TAT E S O F T H E

..................................................................... EUROPEAN COMMUNITIES IN OVINE

..................................................................... AND CAPRINE ANIMALS FOR BREEDING

No

ORIGINAL

2. Consignee (name and address in full)

3. MEMBER STATE .................................

5. Place of loading ................................... 4. Competent authority

..................................................................... 4.1 Ministry: ...............................................

6. Means of transport ( 3 )

4.2 Department: ...........................................

6.1 Type: ................................................... 7. Establishment(s) of origin

6.2 Identification: ...................................... 7.1 Name and address of the holding of

origin( 4 )

8. Destination of the animals

8.1 EU Member state

8.2 Name, address and registration number .......................................................................

of

7.2 Name and address and registration

8.2.1 The slaughterhouse( 4 )

number of the approved assembly centre ( 4 ) or

dealer premises ( 2 ) ( 4 )

approved

8.2.2 The approved assembly centre( )

8.2.3 The approved assembly centre in the .......................................................................

Member state of transit( 4 ) ( 6 )

9. Number of animals .............................

10. Identification of the animals

10.1 Animal specie(s) ................................................ Breed ................................................

10.2 Individual identification of the animals included in the consignment

Official individual

Age (months) and Sex

Number of animals

identification ( 7 )

(♂♀,castrated)

11. Origin of the animals

The animals were either

(a) born and have been reared since birth on Community territory ( 4 ) or

(b) imported from a third country satisfying the animal health conditions laid down in

Commission Decision 93/198/EEC in accordance with Article 8 of Directive 72/462/EEC ( 4 )

12. Health information

I, the undersigned, certify that the animals described above meet the following

requirements

12.1 they have been inspected today (within 24 hours prior to loading) and show no

clinical sign of disease;

12.2 they are not animals which are to be destroyed under a scheme to eradicate a

contagious or infectious disease;

12.3 they were they obtained from a holding which is the subject of a prohibition on

animal health grounds and they have not been in contact with animals from such a

holding, it being understood that

12.3.1 such prohibition is connected with the outbreak of one of the following diseases to

which the animals are susceptible

-

brucellosis,

-

rabies,

-

anthrax

12.3.2 after slaughter and/or destruction of the last animal suffering from or susceptible, the

duration of the prohibition must be at least

-

42 days in the case of brucellosis,

-

30 days in the case of rabies,

-

15 days in the case of anthrax;

12.3.3 they do not come from a holding or have been in contact with animals from a holding

in a protection zone which has been set up under community legislation and which

animals are prohibited to leave;

12.3.4 they are not the subject of animal health measures pursuant to the community

legislation on foot-and-mouth disease nor have they been vaccinated against foot-

and-mouth disease;

12.4 they have remained on a single of origin for a period of at least 30 days prior to

loading, or since birth in the holding of origin where the animals are less than 30

days old, and no animal of the ovine or caprine species has been introduced into the

holding of origin during the last 21 days prior to loading and no biungulate animal

imported from a third country has been introduced into the holding of origin, unless

those animals were introduced in accordance with Article 4a(2) of Directive 91/68/

EEC;

12.5 they comply with additional guarantees provided for in Articles 7 or 8 of Council

Directive 91/68/EEC and laid down for the Member State of destination or part of its

territory .......................................................................[insert Member State or part

of its territory] in Commission Decision .........../............./EC ( 4 )

12.6 they comply with at least one of the following conditions in 12.6.1, 12.6.2 or 12.6.3

and therefore qualify for admission to an ovine or caprine holding which is officially

brucellosis-free (B. melitensis) ( 4 )

12.6.1 the holding of origin is situated in a Member state or part of its territory

............................................ [insert Member State or part of its territory] which is

recognised as being officially brucellosis free in accordance with Commission

Decision .........../............./EC (4), or

12.6.2 they come from an officially brucellosis-free (B. melitensis) ( 4 ) holding and

12.6.3 they come from a brucellosis-free (B. melitensis) holding and

(i) they are identified individually,

(ii) they have never been vaccinated against brucellosis or if they have been

vaccinated were so vaccinated more than two years previously or they are

females over two years old which were vaccinated before the age of seven

months and

HEALTH CONDITIONS GOVERNING INTRA-COMMUNITY

TRADE IN OVINE AND CAPRINE ANIMALS

(iii) they were isolated under official supervision on the holding of origin and,

during such isolation, underwent, with negative results, two tests for

brucellosis in accordance with Annex C to Directive 91/68/EEC, separated by

an interval of at least six weeks ( 4 );

12.7 they comply with at least one of the following conditions in 12.7.1, 12.7.2 or 12.7.3

and therefore qualify for admission to an ovine or caprine holding which is officially

brucellosis-free (B. melitensis) ( 4 )

12.7.1 they come from an officially brucellosis-free (B. melitensis) holding ( 4 ); or

12.7.2 they come from a brucellosis-free (B. melitensis) holding ( 4 ); or

12.7.3 until the qualifying date under eradication plans approved pursuant to Decision 90/

242/EEC, they originate from a holding other than that referred to in 12.7.1 and

12.7.2 and satisfy the following conditions

(i) they are identified individually,

(ii) they originate from a holding in which all the animals of species susceptible to

brucellosis (B. melitensis) have been free of clinical symptoms or any other

symptoms of brucellosis for at least 12 months;

(iii) either

- they have not been vaccinated against brucellosis (B. melitensis) in the last

two years, and

- they were isolated under veterinary supervision on the holding of origin

and, during such isolation, underwent, with negative results, two tests for

brucellosis in accordance with Annex C to Directive 91/68/EEC, separated

by an interval of at least six weeks ( 4 ), or

- they were vaccinated with Rev. 1 vaccine before the age of seven months

but not later than 15 days before their introduction into the holding of

destination ( 4 );

12.8 as regards contagious epididymitis of rams (B. ovis), where uncastrated breeding

rams are concerned, they must

(i) come from a holding on which no case of contagious epididymitis of rams (B.

ovis) has been recorded in the past 12 months and

(ii) have been kept permanently on that holding for the 60 days preceding

consignment, and

(iii) have undergone, within 30 days prior to consignment, with a negative result, a

complement fixing test to detect contagious epididymitis of rams (B. ovis) in

accordance with Annex D to Directive 91/68/EEC;

12.9 to the best of the knowledge of the undersigned and according to the written

declaration made by the owner, they were not obtained from a holding nor have not

been in contact with animals from a holding in which the following diseases have

been clinically detected;

(i) within the last six months, contagious agalactica of sheep (mycoplasma

agalactiae) and contagious agalactica of goats (mycoplasma agalactiae, M.

capricolum, M. mycoides subsp. mycoides large colony),

(ii) within the last 12 months, paratuberculosis or caseous lymphadenitis,

(iii) within the last three years, pulmonary adenomatosis, maedi/visna or caprine

viral arthritis/ecephalitis. However, this time limit is reduced to 12 months if

animals affected by maedi/visna or caprine viral arthritis]]ecephalitis have been

slaughtered and the remaining animals have reacted negatively to two tests.

12.10 As regards scrapie, the animals

12.10.1either have been kept continuously since birth or for the last three years on a holding

or holdings which have satisfied the following requirements for at least three years

(i) it is/they are subject to regular official veterinary checks,

(ii) the animals are marked,

(iii) no case of scrapie has been confirmed,

HEALTH CONDITIONS GOVERNING INTRA-COMMUNITY

TRADE IN OVINE AND CAPRINE ANIMALS

(iv) checking by sampling of old female animals intended for culling is carried out

on the holding(s)

(v) females are introduced into the holding(s) only if they come from a holding

which complies with the same requirements; or

12.10.2 are sheep for the ARR/ARR prion protein genotype, as define in Annex I to

Commission Decision 2002/1003/EC ( 4 ), and

12.10.3 if they are destined for a Member State which benefit for all or part of its territory,

from the provisions laid down in point (b) or (c) of Part I in Chapter A in Annex VIII

to Regulation (EC) No 999/2001 they comply with the additional guarantees laid

down for the Member State of destination or part of its territory ................................

[insert Member State or part of its territory] in Commission Regulation (EC) No

......../......... ( 4 ).

13.1 The animals were transported using means of transport and containment which had,

beforehand, been cleaned and disinfected using an officially approved disinfectant,

and in such a way as to provide effective protection of the animals' health status.

13.2 Based on the official documentation accompanying the animals the consignment

covered by this health certificate started the journey on .................... (insert date) ( 5 )

13.3 At the time of inspection the animals were fit to be transported on the intended

journey in accordance with the provisions of Directive 91/628/EEC ( 6 )

14. This certificate is valid for ten days from the date of inspection

14.1 Official stamp and signature

14.2 Done at

.

(insert place of inspection)

14.3 Done on

.

(insert date of inspection)

14.4 Signature of official veterinarian

..

(insert name and capacity in block capitals)

(1) Health certificates may be drawn up only for animals which are to be transported in

the same railway wagon, truck/lorry, aircraft or boat/ship, which originate from the same

holding/assembly centre and which are being sent to the same consignee.

(2) Give the registration number in the case of railway wagons and lorries/trucks, the

flight number in the case of aircraft and the name in case of boats and ships.

(3) State number and location.

(4) Delete where not applicable.

(5) In the case where a consignment is grouped in an assembly centre and comprises

animals that where loaded on different date, the date at which the journey commenced for

the whole consignments is considered to be the earliest date when any part of the

consignment left the holding of origin.

(6) This statement does not exempt transporters from their obligations in accordance

with Community provisions in force in particular regarding the fitness of animals to be

transported.

(1) The Veterinary Services shall ensure that the conditions

set out in rules 2 to 9 are applied to intra-Community trade in all

ovine and caprine animals.

(2) The animals shall not be outside their holding of origin for

more than six days before being last certified for trade to the final

destination in another Member State as indicated in the health

certificate

Provided that without prejudice to rule 15(1) in the case of

transport by sea, the time limit of six days shall be prolonged by the

duration of the sea journey.

(3) After leaving the holding of origin the animals shall be

consigned directly to the destination in another Member State.

(4) By way of derogation from sub-rule (3), ovine and caprine

animals may, after leaving the holding of origin and before arrival

at destination in another Member State, transit through only one

approved assembly centre situated in the Member State of origin. In

the case of ovine and caprine animals for slaughter, the approved

assembly centre may be substituted by approved dealer’s premises

situated in the Member State of origin.

(5) Animals for slaughter which have been taken on arrival in

the Member State of destination to a slaughterhouse, must be

slaughtered there as soon as possible but at least within seventy-

two hours of arrival.

(6) Without prejudice to rule 3(5), the Veterinary Services shall

ensure that the animals covered by these rules at no time, between

leaving the holding of origin and their arrival at destination,

compromise the health status of ovine and caprine animals not

intended for intra-Community trade.

(1) By way of derogation from rule 5(1)(a), ovine and

caprine animals for slaughter may be subject to trade after they

have been continuously resident on the holding of origin for at least

twenty-one days.

(2) By way of derogation from rule 5(1)(b), and without

prejudice to sub-rule (1) hereof and rule 6(2), ovine and caprine

animals for slaughter may be consigned from a holding of origin

into which ovine or caprine animals have been introduced during

the twenty-one days prior to dispatch, if they are transported

directly to a slaughterhouse in another Member State for immediate

slaughter without passing through an assembly centre or staging

point established in accordance with Directive 91/628/EEC.

(3) By way of derogation from rule 6(3) and (4), and without

prejudice to the provisions in rule 6(2), ovine and caprine animals

for slaughter may, after leaving the holding of origin, pass through

one additional assembly centre under the following alternative

conditions

(a) the animals, before passing through the approved

assembly centre referred to in rule 6(4) which is

situated in the Member State of origin, comply with

the following conditions

(i)

after leaving the holding of origin the animals

pass through one single assembly centre under

official veterinary supervision, which permits at

the same time only animals of at least the same

health status;

(ii) without prejudice to European Community

legislation on identification of sheep and goats,

at the latest at that assembly centre the animals

are individually identified so as to enable in each

case the tracing of the holding of origin; and

(iii) from the assembly centre the animals are

accompanied by an official veterinary document,

transported to the approved assembly centre

referred to in rule 6(4) to be certified and

consigned directly to a slaughterhouse in the

Member State of destination; or

(b) the animals may after dispatch from the Member State

of origin transit through one approved assembly centre

before being consigned to the slaughterhouse in the

Member State of destination under the following

conditions

(i)

either the approved assembly centre is situated

in the Member State of destination from where

the animals must be removed under the

responsibility of the official veterinarian directly

to a slaughterhouse to be slaughtered within five

days of arrival at the approved assembly centre,

or

(ii) the approved assembly centre is situated in one

Member State of transit from where the animals

are consigned directly to the slaughterhouse in

the Member State of destination indicated in the

animal health certificate issued in accordance

with rule 15(6).

(1) The competent Authority shall issue an approval

number to each approved assembly centre. Approvals may be

limited to one or more species covered by these rules or to animals

f or b r e e d i n g o r f a tt e n i ng , o r t o a n i m a l s f o r sl a u gh t e r. T h e

competent authority shall draw up and keep up to date a list of

approved assembly centres and their unique approval numbers and

make it available to the other Member States and to the public.

(2) The competent authority shall draw up and keep up to date

a list of approved dealers and registered premises used by dealers

in connection with their business and their approval numbers and

shall make it available to the other Member States and to the

public. Detailed rules for the uniform application of this sub-rule

may be adopted in accordance with the procedure referred to in rule

15(2).

Without prejudice to the additional guarantees that may be

required in accordance with rules 10 and 11, animals for breeding

must furthermore meet the following requirements

(a) they must have been obtained from a holding and must

only have been in contact with animals from such a

holding

(i)

in which the following diseases have not been

clinically diagnosed

(1) in the previous six months, contagious

agalactia

of

sheep

(Mycoplasma

agalactiae) or contagious agalactia of

goats (Mycoplasma agalactiae, M.

capricolum, M. MycoÔdes var. mycoÔdes

‘large colony’),

(2) in

the

previous

twelve

months,

paratuberculosis

or

caseous

lymphadenitis,

(3) in the previous three years, pulmonary

adenomatosis, Maedi Visna or caprine

viral arthritis/encephalitis. However, this

period shall be reduced to twelve months

if the animals infected with Maedi Visna

or caprine viral arthritis/encephalitis have

been slaughtered and the remaining

animals have reacted negatively to two

tests recognized by the European

Community, which, without prejudice to

compliance with the requirements for

other diseases, provides, for one or more

of the abovementioned diseases, within

the framework of a programme approved

in accordance with rules 7 and 8, health

guarantees which are equivalent for the

said disease or diseases;

(ii) where no facts suggesting that the requirements

of sub-paragraph (i) have not been met, have

been brought to the attention of the official

veterinarian responsible for issuing the health

certificate;

(iii) whose owner states that he has no knowledge of

any such facts and, moreover, states in writing

that the animal or animals intended for intra-

Community trade comply with the criteria laid

down in sub-paragraph (i);

(b) with regard to contagious epidydimitis (B. ovis), non-

castrated rams, for breeding, must

(i)

come from a holding where no case of

contagious epidydimitis (B. ovis) has been

diagnosed in the preceding twelve months,

(ii) have been continuously kept on that holding for

sixty days prior to dispatch,

(iii) in the thirty days prior to dispatch have

undergone, with negative results, a serological

test carried out in accordance with Schedule D

or satisfy equivalent health guarantees to be

recognized by the European Community;

(c) the certificate corresponding to Model III of Schedule

E states that these requirements have been met.

(1) On the basis of a veterinary services proposal, the

Minister may define a compulsory or voluntary national control

programme or a national monitoring programme for one of the

infectious or contagious diseases referred to in Schedule B, Section

III for all or part of the territory of Malta and shall submit the said

programme to the European Commission, outlining in particular

(a) the distribution of the disease in the territory of Malta;

(b) the reasons for the programme, taking into

consideration the importance of the disease and the

programme’s likely benefit in relation to its cost,

(c) the geographical area in which the programme will be

implemented,

(d) the various status categories to be applied to the

holdings, the standards which must be attained in each

category, and the test procedures to be used,

(e) the programme monitoring procedures,

(f)

the action to be taken if, for any reason, a holding

loses its status,

(g) the measures to be taken if the results of the tests

carried out in accordance with the provisions of the

programme are positive.

(2) After examination by the European Commission, the

programme as referred to in sub-rule (1) may be approved, in

compliance with the criteria laid down in sub-rule (1), in

accordance with the procedure of the European Community.

According to the same procedure, the additional guarantees,

general or limited, which may be required in intra-Community

trade, shall be defined at the same time or at the latest three months

after approval of the programmes. Such guarantees must not exceed

those which are implemented in Malta.

(3) Programmes submitted by Malta may be amended or

supplemented in accordance with the procedure laid down in sub-

rule (2). Amendments or additions to programmes which have

already been approved or to guarantees which have been defined in

accordance with sub-rule (2) may be approved under the same

procedure.

(1) Where Malta considers that its territory or part of its

territory is free from one of the diseases listed in Schedule B,

section III, to which ovine and caprine animals are susceptible, the

Veterinary Services shall present to the European Commission

appropriate supporting documentation, setting out in particular

(a) the nature of the disease and the history of its

occurrence in the territory of Malta;

(b) the results of surveillance testing based on serological,

microbiological, pathological or epidemiological

investigation and on the fact that the disease must by

law be notified to the Veterinary Services,

(c) the period over which the surveillance was carried out,

(d) where applicable, the period during which vaccination

against the disease has been prohibited and the

geographical area concerned by such prohibition,

(e) the arrangements for verifying the absence of the

disease.

(2) After examination by the European Commission of the

supporting documentation submitted by Malta, the additional

guarantees, general or limited, which may be required in intra-

Community trade shall be defined in accordance with the procedure

of the European Community. Such guarantees must not exceed

those which Malta implements on its territory.

(3) The Veterinary Services shall notify the European

Commission of any change in the supporting documentation

specified in sub-rule (1) which relate to the disease. The guarantees

defined as laid down in sub-rule (2) may, in the light of such

notification, be amended or withdrawn in accordance with the

procedure laid down in sub-rule (2).

(1) In order to be approved by the Veterinary Services,

assembly centres must at least

(a) be under the control of an official veterinarian who

shall ensure that, in particular, the provisions of rule

3(5) are complied with;

(b) be located in an area which is not subject to

prohibition or restrictions in accordance with relevant

European Community legislation and, or Maltese laws;

(c) be cleaned and disinfected before use, as required by

the official veterinarian;

(d) have, taking into account the animal capacity of the

assembly centre

(i)

a facility dedicated exclusively for this purpose

when used as an assembly centre;

(ii) appropriate facilities for loading, unloading and

adequate housing of a suitable standard for the

animals, for watering and feeding them, and for

giving them any necessary treatment; these

facilities must be easy to clean and disinfect;

(iii) appropriate inspection facilities;

(iv) appropriate isolation facilities;

(v) appropriate equipment for cleaning and

disinfecting rooms and trucks;

(vi) an appropriate storage area for fodder, litter and

manure;

(vii)

an appropriate system for collecting waste

water;

(viii) the use of an office for the official veterinarian;

(e) admit only animals which are identified in accordance

with European Community legislation and comply

with the animal health conditions set down in these

rules for the category of animals concerned. To this

end, when animals are admitted, the owner or person

in charge of the centre shall ensure they are

accompanied by health documents or appropriate

certificates for the species and categories involved;

(f)

be regularly inspected by the Veterinary Services in

order to ascertain that the requirements for approval

continue to be fulfilled.

(2) The owner or person in charge of the assembly centre shall

be required, on the basis either of the accompanying documents for

the animals or of the identification numbers or marks of the

animals, to record on a register or a database and retain for a

minimum period of three years the following information

(a) the name of the owner, the origin, date of entry and

exit, number and identification of the ovine and

caprine animals or the registration number of the

holding of origin of the animals entering the centre,

where applicable the approval or registration number

of the assembly centre through which the animals have

passed prior to entering the centre and their proposed

destination,

(b) the registration number of the transporter and the

licence number of the lorry delivering or collecting

animals from the centre.

(3) The Veterinary Services shall issue an approval number to

each approved assembly centre. Such approval may be limited to

one or the other species covered by these rules or to animals for

breeding or fattening or to animals for slaughter. The Veterinary

Services shall notify the European Commission of the list of

approved assembly centres and of any updates.

(4) The Veterinary Services may suspend or withdraw approval

in the event of failure to comply with this rule or other appropriate

notices in respect of health restrictions. Approval may be restored

when the Veterinary Services is satisfied that that assembly centre

is in full compliance with all the appropriate provisions of this rule.

(5) The Veterinary Services shall ensure that, when operating,

assembly centres have sufficient approved veterinarians to carry

out all duties.

(6) Any detailed rules required for uniform application of this

rule shall be adopted in accordance with the requirements of the

European Community and under the procedure referred to in article

8 of the Act.

(1) All dealers are registered and, for the purpose of intra-

Community trade, are approved and issued with an approval

number by the Veterinary Services and that approved dealers shall

comply with at least the following conditions

(a) they must deal only in animals which are identified

and come from holdings that conform with the

conditions set out in rule 3. To this end, the dealer

shall ensure that the animals are properly identified

and are accompanied by health documents as

appropriate in accordance with these rules;

(b) the dealer shall be required, either on the basis of the

document accompanying the animals, or on the basis

of identification numbers or marks on the animals, to

keep a record or database and to store the following

data for at least three years

(i)

the name of the owner, origin, date of purchase,

categories, number and identification of ovine

and caprine animals or registration number of

the holding of origin of the animals purchased,

where applicable, the approval or registration

number of the assembly centre through which

the animals have passed prior to purchase and

their destination,

(ii) the registration number of the transporter and, or

the licence number of the lorry delivering and

collecting animals,

(iii) the name and address of the purchaser and the

destination of the animal,

(iv) copies of route plans and, or serial number of

health certificates as applicable;

(c) when the dealer keeps animals on his premises he shall

ensure that

(i)

specific training is given to the staff in charge of

the animals in applying the requirements of

these rules and in the care and welfare of the

animals,

(ii) any necessary controls and tests on the animals

are carried out regularly by the official

veterinarian and that all necessary steps are

taken to prevent the spread of disease.

(2) All premises used by a dealer in connection with his

business are registered and issued with an approval number by the

Veterinary Services and that they shall comply with at least the

following conditions

(a) they must be under the control of an official

veterinarian;

(b) they must be located in an area which is not subject to

prohibition or restrictions in accordance with relevant

European Community legislation or Maltese laws;

(c) they must have

(i)

appropriate facilities of sufficient capacity and,

in particular, inspection facilities and isolation

facilities so that all animals can be isolated in

the event of an outbreak of a contagious disease;

(ii) appropriate facilities for unloading and where

necessary adequate housing of a suitable

standard for the animals, for watering and

feeding them, and for giving them any necessary

treatment; these facilities must be easy to clean

and disinfect;

(iii) an appropriate reception area for litter and

manure,

(iv) an appropriate system for collecting waste

water;

(d) they must be cleaned and disinfected before use, as

required by the official veterinarian.

(3) The Veterinary Services may suspend or withdraw approval

in the event of failure to comply with these rules or other rules in

respect of health restrictions. Approval may be restored when the

Veterinary Services is satisfied that the dealer is in full compliance

with all the appropriate provisions of these rules.

(4) The Veterinary Services must carry out regular inspections

in order to ascertain that the requirements of this rule are fulfilled.

(1) The transporters referred to in Article 5 of Directive

91/628/EEC shall meet the following additional conditions

(a) for the carriage of animals they must use means of

transport which are

(i)

constructed in such a way that the animal faeces,

litter or feed cannot leak or fall out of the

vehicle,

(ii) cleaned and disinfected immediately after every

animal transport or that of any product which

could affect animal health and if necessary

before any new loading of animals, using

disinfectants officially authorised by the

Veterinary Services;

(b) they must either have appropriate cleaning and

disinfection facilities approved by the Veterinary

Services, including facilities for storing litter and

dung, or they must provide documentary evidence that

these operations are performed by a third party

approved by the Veterinary Services.

(2) The transporter must ensure that for each vehicle used for

the transport of animals a register is kept containing at least the

following information which shall be kept for a minimum period of

three years

(a) places and dates of pick-up, and the name or business

name and address of the holding or assembly centre

where the animals are picked up,

(b) places and dates of delivery, and the name or business

name and address of any consignee,

(c) species and number of animals carried,

(d) date and place of disinfection,

(e) details of accompanying documentation, number, etc.

(3) Transporters shall ensure that the consignment or animals

do not at any time, between leaving the holdings or the assembly

centre of origin and arriving at their destination, come into contact

with animals of a lower health status.

(4) Transporters shall give a written undertaking stating in

particular that

(a) all the measures necessary to comply with these rules

shall be taken and in particular the provisions laid

down in this rule and relating to the appropriate

documentation that must accompany the animals,

(b) the transport of animals is entrusted to staff who

possess the necessary ability, professional competence

and knowledge.

(5) Article 18 of the European Union Council Directive 91/628/

EEC shall apply in a like manner in case of infringement of this

rule.

(1) Ovine and caprine animals must be accompanied

du ri ng t ra nspo rtat io n to d esti nation by a health certificate

conforming to either model I, II or III set out in Schedule E, as

appropriate. The certificate shall consist of a single sheet or, where

more than one page is required, shall be in such a form that any two

or more pages are part of an integrated whole and indivisible and

shall contain a serial number. It shall be drawn up on the day of the

health inspection, in one of the official languages of the country of

destination at least. The certificate shall be valid for ten days from

the date of the health inspection.

(2) The health inspection for the issuing of the health

certificate, including additional guarantees, for a consignment of

animals may be carried out in the holding of origin or in an

approved assembly centre or, in the case of animals for slaughter,

on approved dealer’s premises. For this purpose the Veterinary

Services shall ensure that any certificate is drawn up by the official

veterinarian after inspections, visits and controls as provided by

these rules.

(3) The official veterinarian for the assembly centre shall carry

out all necessary checks on animals arriving there.

(4) For ovine and caprine animals for fattening and breeding

dispatched to another Member State from an approved assembly

centre located in the Member State of origin, the health certificate

referred to in sub-rule (1), conforming to either model II or III set

out in Schedule E as appropriate, may only be issued on the basis of

the checks provided for in sub-rule (3) and of an official document

containing the necessary information completed by the official

veterinarian responsible for the holding of origin.

(5) For ovine and caprine animals for slaughter dispatched to

another Member State from an approved assembly centre or from

an approved dealer ’s premises located in the Member State of

origin, the health certificate referred to in sub-rule (1), conforming

to model I set out in Schedule E, may only be issued on the basis of

the checks provided for in sub-rule (3) and of an official document

containing the necessary information completed by the official

veterinarian responsible for the holding of origin or the assembly

centre referred to in rule 7(3)(a)(i).

(6) For ovine and caprine animals for slaughter passing through

an approved assembly centre in accordance with rule 4C(3)(b)(ii),

the official veterinarian responsible for the approved assembly

centre in the Member State of transit shall provide certification to

the Member State of destination by issuing a second health

certificate, conforming to model I set out in Schedule E,

completing it with the requested data from the original health

certificate(s) and attaching to it an officially endorsed copy thereof.

In this case, the combined validity of the certificates shall not

exceed that provided for in sub-rule (1).

(7) The official veterinarian issuing a health certificate for

intra-Community trade conforming to either model I, II or III set

out in Schedule E as appropriate, shall ensure that the movement is

recorded in the ANIMO system on the day the certificate is issued.

The rules laid down in the European Union Council

Directive 90/425/EEC shall apply, in particular to checks at origin,

to the organization of, and follow-up to, the checks to be carried

out at destination, and to the protective measures to be

implemented.

(1) Veterinary experts from the Commission may, in

cooperation with the Veterinary Services, carry out on-the-spot

inspections. The Veterinary Services on whose territory inspections

are carried out shall afford all necessary aid to the experts in the

accomplishment of their task.

(2) Concerning checks at destination, where Malta implements

an alternative control system providing guarantees equivalent to

t h o s e l a i d d o w n i n r u l e 8 a n d r u l e 9 (a ) a n d ( c ) a s r e g a r d s

movements within its territory of ovine and caprine animals,

Veterinary Services may grant one another derogations from the

inspection provided for under rule 4(1)(b) and the obligation to

produce a certificate provided for under rule 15 on a reciprocal

basis for Member States which implement an alternative control

system providing guarantees equivalent to those laid down in rules

8 and 9(a) and (c) as regards movements within their territory of

ovine and caprine animals. The Veterinary Services shall notify the

European Commission thereof.