CLASSICAL SWINE FEVER (PRECAUTIONS) RULES * (precautions)

SUBSIDIARY LEGISLATION 437.83

CLASSICAL SWINE FEVER (PRECAUTIONS)

RULES *

2nd September, 2005

LEGAL NOTICE 310 of 2005.

(1) The title of these rules is the Classical Swine Fever

(Precautions) Rules.

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

under European Union Council Directive 80/1095/EEC laying

down the conditions to render and keep Malta free from classical

swine fever, and in accordance with articles 5(1) and 23(b) of the

Veterinary Services Act.

For the purposes of these rules, the following definitions

shall apply

"officially swine fever-free holding" means a holding in which

(i)

no swine fever has been detected for at least the

preceding twelve months,

(ii) there are no pigs which have been vaccinated against

swine fever in the preceding twelve months,

(iii) vaccination against swine fever has not been

authorized for at least the preceding twelve months;

in addition, no swine fever must have been detected for at least the

preceding twelve months at least within a radius of two kilometers

around the holding;

"officially swine fever-free Member State" means a European

Union Member State in which

(i)

no swine fever has been detected for at least the

preceding twelve months,

(ii) vaccination against swine fever has not been

authorized for at least the preceding twelve months, in

which the holdings contain no pigs which have been

vaccinated against swine fever in the preceding twelve

months and which has been so recognized under rule

3(2) or 7(1);

"officially swine fever-free region" means a region in which

(i)

no swine fever has been detected for at least the

preceding twelve months,

(ii) vaccination against swine fever has not been

authorized for at least the preceding twelve months, in

which the holdings contain no pigs which have been

vaccinated against swine fever in the preceding twelve

*These rules have been repealed by Legal Notice 77 of 2025.

months and which has been so recognized under rule

7(2);

"swine fever-free Member State or region" means a European

Union Member State or region in which no swine fever has been

detected for at least the preceding twelve months.

(1) The competent authority shall prepare a plan for the

accelerated eradication of swine fever.

(2) Not later than six months after the date of notification of

these rules, the status of Malta shall be established under the

European Community procedure for the purpose of determining the

requirement to submit a plan in accordance with sub-rule (1).

(3) Such plan, which must be carried out over a period of not

more than six years, must meet the requirements of rule 4 and be

approved in accordance with Article 5(3) of Council Decision 80/

1096/EEC introducing Community financial measures for the

eradication of classical swine fever.

(4) If Malta is not officially swine fever-free upon completion

o f t he m ea sure spe cifi ed i n su b-rul es (1 ), ( 2), an d (3 ), t he

Veterinary Services shall prepare a new plan for completing the

eradication of the disease.

(5) The period for implementing the new plan shall be such that

the total period for implementing the measures specified in the

provisions of the sub-rules hereof is of ten years. The new plan

must meet the requirements laid down in rule 4 and be approved in

accordance with Article 5 (3) of Decision 80/1096/EEC.

(1) The plan referred to in rule 3 must be designed to

ensure that Malta will be officially free from swine fever after six

years at most.

(2)

Such plan must specify as appropriate

(i)

the date of prohibition of vaccination of breeding pigs,

(ii) the date of prohibition or, in the first two years of

implementing the plan, of restriction of vaccination of

fattening pigs,

(iii) the date of commencement of the swine fever

detection campaign, where such has proved necessary,

(iv) the measures, resources and timetable proposed by the

competent authority in order to attain the objective

fixed in sub-rule (1).

(3) The plan may be implemented on a regional basis if the

competent authority is able to guarantee that the status of the

regions concerned will be protected and maintained. In that event,

the details required under sub-rule (2) must relate to each of the

regions defined in the plan.

(4) The competent authority shall notify the European

Commission of

(a) the annual expenditure in connection with swine fever

in each of the past three years, with a breakdown of

such expenditure;

(b) the forecast annual expenditure on the six-year plan.

(1) The new plan referred to in rule 3(4) and (5) must be

designed to ensure that, upon expiry of the period specified, Malta

will be officially free from classical swine fever.

(2)

The new plan must specify as appropriate

(a) in the case of regions where vaccination has been

performed for upwards of one year

(i)

the number of holdings selected for the purpose

of obtaining samples which are representative of

the region concerned, and the number of pigs in

each holding,

(ii) the number of piglets which have been produced

by vaccinated sows on those holdings and which

will not be vaccinated,

(iii) the number and type of the tests which those

piglets will undergo over a six-month period

with a view to detecting whether or not the

classical swine-fever virus is present,

(iv) that vaccination must be discontinued if the tests

referred to in paragraph (iii) reveal that the

classical swine-fever virus is not present, and

the date on which the prohibition is likely to take

effect;

(b) in the case of regions where vaccination has been

performed for less than twelve months

(i) the date of commencement of vaccination,

(ii) the likely date on which the measures referred to

in paragraph (a) will be implemented;

(c) if vaccination has been suspended, but the region is

not yet officially swine fever free

(i)

the number of herds (breeding, multiplier, mixed

and fattening herds) in which spot checks will be

carried out,

(ii) the total number and description of the tests

carried out on those herds each year,

(iii) the number of spot serological tests which will

be carried out each year on slaughter pigs at the

time of slaughter.

(a) The European Commission shall make regular on-the-

spot checks to verify from a veterinary viewpoint

whether the plans are being applied.

(b) The competent authority shall take the necessary steps

to facilitate such checks and shall in particular ensure

that the experts are supplied at their request with all

information and documentation needed for assessing

the execution of the plans.

(c) The general provisions for implementing this rule,

especially as regards the frequency and method of

carrying out the checks referred to in paragraph (a),

the rules governing the appointment of veterinary

experts and the procedure which they must follow

when drawing up their report, shall be laid down in

accordance with European Community procedure.

(1) The competent authority shall, in accordance with

Article 5(1) of Decision 80/1096/EEC, forward to the Commission

the plans provided for in rules 3(1), (2), and (3) or, in accordance

with Article 5(1)(a) of that Decision, the new plans provided for in

ruls 3(4) and (5).

(2) Such plans shall be approved in accordance with the

procedure set out in Article 5(3) of that Decision. The new plans

shall be approved in accordance with the procedure set out in

Article 5(3) of Decision 80/1096/EEC.

(3) Should swine fever spread alarmingly in Malta or in any

other part of the European Community territory during the

i m pl e m e nt a t io n o f a p la n a p pr o ve d un d e r s u b -r u le ( 2 ) , t he

compe tent authority may review t he si tu ati o n and t ak e t he

precautiona ry me asures d eemed appropriate, including the

reintroduction of organized preventive vaccination. The European

Commission shall be informed accordingly.

(4) Plans approved under sub-rule (2) may be modified or

supplemented by the same procedure in order to keep pace with

developments in the situation with regard to swine fever in Malta,

and in particular to take account of possible implementation of the

measures provided for in sub-rule (3).

(1) Malta shall be recognized as officially swine fever-free

territory once the following conditions have been fulfilled in the

Malta for at least twelve months

(a) no swine fever has been detected;

(b) vaccination against swine fever has been discontinued.

(2) Under European Community procedure, any part of the

territory to which rule 4(3) applies may be recognized as officially

swine fever-free, though not earlier than three months after it has

fulfilled the conditions of sub-rule (1) of this rule, provided Malta

can supply adequate guarantees that the status of that part of the

territory will be maintained, in particular by showing evidence of

the existence of measures

(i)

either to prohibit the introduction into the part of the

territory concerned of pigs from holdings which are

not officially swine fever-free;

(ii) or to prohibit vaccinated pigs from leaving holdings

situated in a part of the territory which is not officially

swine feverfree or which is not swine fever-free except

for immediate slaughter or for introduction into

another holding of the same status.

(1) If Malta, during the period laid down in Article 2(1) of

Decision 80/1096/EEC, loses its status as officially swine fever

free, it may avail itself of rule 3(1) provided its plan does not

extend beyond that period. Similarly, if Malta, during the whole

period laid down in Article 2(1) of Decision 80/1096/EEC, loses its

status as officially swine fever-free, it may avail itself of rule 3(4)

provided the execution of its plan does not extend beyond the

duration of the supplementary measures.

(2)

(a) However, if an outbreak or a number of

epizootiologically interrelated outbreaks of swine

fever occur within a geographically limited area in the

local territory which is officially swine fever-free, the

status of Malta shall not be withdrawn for a period of

fifteen days if Malta takes measures to isolate the area

in question.

(b) Within the said fifteen-day period, however a decision

may be taken under the procedure in Article 9 of

European Union Council Directive 80/1095/EEC to

withdraw the status or if the measures taken by Malta

are deemed satisfactory, to maintain it for a maximum

of three months.