MT
MEASURES FOR THE ERADICATION OF BRUCELLOSIS, TUBERCULOSIS AND LEUCOSIS IN CATTLE RULES *
Table of Provisions (12)
Statutory Text (12 Articles)
SUBSIDIARY LEGISLATION 437.86
MEASURES FOR THE ERADICATION OF
BRUCELLOSIS, TUBERCULOSIS AND
LEUCOSIS IN CATTLE RULES *
9th September, 2005
LEGAL NOTICE 314 of 2005, as amended by Legal Notice 208 of 2009.
(1) The title of these rules is Measures for the Eradication
of Brucellosis, Tubercolosis and Leucosis in Cattle Rules.
(2) The scope of these rules is to implement the rules contained
in the European Union Council Directive 77/391/EEC concerning
the introduction of Community measures for the eradication of
brucellosis, tuberculosis and leucosis in cattle.
(3) These rules lay down rules to improve the state of health of
cattle in Malta to accelerate or intensify the eradication of
brucellosis and tuberculosis and to eradicate leucosis.
Added by
L.N. 208 of 2009.
[Rule 5(1A)]
Enzootic Bovine Leucosis (EBL) Compensation Scheme
A.
Definitions & Abbreviations
Cohorts: Animals known to have coexisted with and have had direct or indirect
contact with infected animals, which may reasonably have led to the spread of
infection to the animals in question.
D Farms: Cow farms licensed as Dairy Producers, which deliver fresh milk to
approved plants producing milk for human consumption.
R Farms: Cow farms licensed as Non-Dairy Ruminant Producers, which rear
ruminants but do not deliver fresh milk to approved plants producing milk for human
consumption.
EBL: Enzootic Bovine Leucosis
EBL +ve: Found positive for Enzootic Bovine Leucosis based on serology of
individual serum samples.
EBL –ve: Found negative for Enzootic Bovine Leucosis based on serology of
individual serum samples.
Approved Farms: Those farms which, on inspection by VRFCC personnel, were
found to be of sufficient standard to remain operational without requiring any
modifications or improvements.
Conditionally Approved Farms: Those farms which, on inspection by VRFCC
personnel, were found to be of sufficient standard to remain operational only if
certain modifications or improvements are carried out. These modifications or
improvements shall be carried out within the period of time specified by the VRFCC
in order for the farm to become ‘Approved’. If these modifications or improvements
are not made by the specified deadline, the farm will lose its ‘Conditionally
Approved’ status and be classified as ‘Unapproved’.
Initial Sampling: The first eligible collection of individual whole blood samples
which was carried out after the 1st of September 2007.
Subsequent Sampling: Collections of individual whole blood samples which were
carried out after ‘Initial Sampling’ but within the period of 1st September 2007 to
1st March 2009.
Initial Testing: The test carried out on samples collected during ‘Initial Sampling’.
VRFCC: The Veterinary Regulation, Fisheries Conservation and Control Division
within the Ministry for Resources and Rural Affairs.
B.
Eligibility for Compensation under the EBL Scheme
1. Farmers Eligible for Compensation under the EBL Scheme
In order for a farmer to be eligible for compensation for slaughtered cattle under
this scheme, all the following conditions shall be satisfied
(a) The farmer shall have been licensed by the department responsible for
Veterinary Services as a cattle farm; either as a dairy producer (D) or a
non-dairy ruminant farmer (R), at the time of slaughter;
(b) The farmer shall own a licensed cattle farm which was ‘approved’ or
‘conditionally approved’ by the department responsible for Veterinary
Services in its most recent inspections, at the time of slaughter;
(c) The farmer shall allow free access to VRFCC personnel to his / her farm
holding for blood sampling and disease testing;
(d) The farmer shall follow, to the best of his abilities, all advice given by
the MRRA or VRFCC regarding management of EBL and EBL-infected
cattle;
(e) The farmer shall have a good record of conduct with the VRFCC as far
back as September 2007; having never, in this period, attempted to
disrupt or impede the disease surveillance and control activities of the
VRFCC;
(f)
The farmer shall obey the following rules below regarding the control of
movement of animals
Rules regarding the Control of Movement of Animals
(a) Outward movements from D farms found free of EBL (EBL –ve) will be
allowed.
(b) Inward movement of animals to EBL –ve D farms will not be allowed
unless incoming animals are from EBL –ve farms.
(c) No movement of male animals will be allowed from R farms to D farms
irrespective of disease status.
(d) No movements, inward or outward, will be allowed from any cattle farm
found to harbour EBL (EBL +ve) except in the case of movement of
male animals from EBL +ve D farms to R farms of either status, on the
condition that no female animals are present on the R farm.
2. Status required of Animals for Farmers to be Eligible for Compensation
In order for a farmer to be eligible for compensation under this scheme, all the
following conditions regarding the status of the animal for which compensation is
claimed shall be satisfied
(a) At the time of slaughter the animal shall have been a female or a
breeding male from a farm which was licensed as a D farm, or a female
animal from a farm which was licensed as an R farm.
(b) At the time of slaughter the animal shall have come from a farm which
was ‘approved’ or ‘conditionally approved’ for hygiene standards by the
VRFCC in its most recent inspections.
(c) The animal shall be slaughtered at the national abattoir before the end of
December 2012.
(d) The animal shall be traceable back to birth on the national livestock
database.
(e) The animal shall fit into one of the following categories
Category A Animals
Animals selected specifically for slaughter by the VRFCC based on testing of
samples taken between 1st September 2007 and 1st March 2009 and delivered to the
abattoir for slaughter as and when instructed by the VRFCC, between 1st October
2008 and 31st December 2012.
Category A1: Animals found EBL +ve based on testing of samples taken between
1st September 2007 and 1st March 2009, which were older than 1 year when
sampled in this period.
Category A2: The proven offspring of the abovementioned animals which were
aged less than 1 year when sampled between September 2007 and 1st March 2009.
Category B Animals
Animals selected specifically for slaughter by the VRFCC based on testing of
samples taken between 1st September 2007 and 1st March 2009 and delivered to the
abattoir for slaughter as and when instructed by the VRFCC, between 1st October
2008 and 31st December 2012.
Category B1: Non-infected ‘cohort’ animals from farms found to have farm
infection rates above 80% based on testing of samples taken between September
2007 and 1st March 2009.
Category B2: Dubitably infected ‘cohort’ animals less than 1 year of age at the
time of sampling which may have been born of infected cows or may have suckled
colostrum or milk from infected cows.
Category B3: Animals infected after ‘initial sampling’ which are found EBL +ve
in tests performed on samples taken subsequent to ‘initial sampling’ but within the
period of 1st September 2007 to 31st December 2010, limited to 10% of the total
cow population on that farm at the time of ‘initial sampling’.
Category C Animals
Animals classified as eligible for compensation based on testing of samples taken
between 1st September 2007 and 1st March 2009 which are delivered to the abattoir
for slaughter for the farmer’s own reasons and on a date of the farmer’s choosing,
between 1st October 2008 and 31st December 2012.
Category C1: Animals found EBL +ve based on testing of samples taken between
1st September 2007 and 1st March 2009, which were older than 1 year when
sampled in this period.
Category C2: The proven offspring of the abovementioned animals which were
aged less than 1 year when sampled between 1st September 2007 and 1st March
2009. Category C3: Animals infected after ‘initial sampling’ which are found EBL +ve
in tests performed on samples taken subsequent to ‘initial sampling’ but within the
period of 1st September 2007 to 31st December 2010, limited to 10% of the total
cow population on that farm at the time of ‘initial sampling’.
Category D Animals
Animals from farms classified as EBL +ve based on testing of samples taken
between 1st September 2007 and 1st March 2009 which are delivered to the abattoir
for slaughter for the farmer’s own reasons and on a date of the farmer’s choosing,
between 1st October 2008 and 31st December 2012.
Category D1: Non-infected ‘cohort’ animals from farms found to have farm
infection rates above 80% based on testing of samples taken between 1st September
2007 and 1st March 2009.
Category E Animals
Animals classified as dubitably eligible for compensation. Eligibility for
compensation will be decided by the ad hoc EBL Compensation Committee,
hereinafter referred to as ‘the Committee’.
Category E1: Animals selected specifically for slaughter by the VRFCC based on
testing of samples collected between 1st June 2007 and 1st September 2007.
Category E2: Animals selected specifically for slaughter by the VRFCC based on
testing of samples collected after 1st March 2009 in the case that ‘initial sampling’
was carried out after this date.
Category E3: Animals selected specifically for slaughter by the VRFCC based on
testing of samples taken between 1st September 2007 and 1st March 2009 and
delivered to the abattoir for slaughter as and when instructed by the VRFCC, before
1st October 2008.
Category E4: Animals selected specifically for slaughter by the VRFCC based on
testing of samples taken between 1st September 2007 and 1st March 2009 and
delivered to the abattoir for slaughter as and when instructed by the VRFCC, after
31st December 2012.
C.
Procedure for Controlling Slaughter and Compensation
1. Blood sampling and testing performed on individual animals over 2 years of
age on farms of unknown disease status and all individual animals over 1 year of age
on farms known to harbour EBL.
2. Meetings held with individual farmers and their Herd Book reviewed to
determine which animals under one year of age should be suspected as EBL-infected
and recommended for slaughter.
3. The farmer shall be informed of changes or improvements which must take
place on his / her farm before compensation will be paid.
4. At least one week prior to the date of slaughter, farmers will be given a list
of animals specified by ear tag number to bring to the abattoir, and a date on which
to bring them. Abattoir officials will also be provided with this same list at least one
week prior to the date of slaughter.
5. On arrival at the abattoir, abattoir officials shall ensure that all the listed
animals have been brought and that no more unlisted animals have been brought than
can be slaughtered that day.
6. Should a greater number of unlisted animals be brought by a farmer than is
possible to slaughter that day, listed animals will be given priority while unlisted
animals may be kept in lairage at the farmer’s expense until the next slaughter day.
7. Farmers shall submit a request for compensation, giving details of animal
identity registration, age and date of slaughter. It will be ascertained from abattoir
records whether listed animals have been duly slaughtered as claimed.
8. The farmer shall be informed in writing regarding compensation to which he
is entitled. This will be in the form of an itemized list showing compensation owed
per animal slaughtered according to categorization under this scheme.
9. The farm shall be inspected to ascertain that the changes or improvements to
the farm holding recommended following the previous VRFCC inspection have been
duly made, ensuring an acceptable level of bio-security.
10. Compensation payments are made.
D.
Calculation of Compensation
Age
Market
Category A
Category B
Category C Category D
Category E
Category
60% MP (X)
X – 20 %
X – 40 %
Zero
Case
(2008)
Dependant
€ 755
€ 0
€ 1258 – 755
> 24
€ 2096.44
€ 1258
€ 1006
month
€ 335
€ 0
€ 559 – 335
12 - 23
€ 931.75
€ 559
€ 447
month
€ 167
€ 0
€ 279 – 167
4 - 12
€ 465.87
€ 279
€ 223
month
€ 84
€ 0
€ 140 - 84
0 - 3
€ 232.94
€ 140
€ 112
month
Costs Related to Slaughter to be Deducted from Compensation
If animals are deemed eligible for compensation under the EBL compensation
scheme, then costs related to the slaughter and de-boning of carcasses will be
subtracted from the amount of compensation due to the owner of the animals.
Slaughter costs will be subtracted for each animal, based on their carcass weight at
slaughter. De-boning costs will be subtracted for each animal over one year of age
when slaughtered. Costs for disease-testing will be taken from slaughter costs for
each animal over thirty months of age when slaughtered. The funds will be
transferred to the accounts of the respective sections which covered the costs
initially.
Procedure
Animal Requiring
Cost
Recipient Account
Procedure
Slaughter
All; Compulsory
€ 0.20 / kg dead
National Abattoir
weight minus € 14
Disease Testing
Animals > 30 month;
€ 14 / head
National Veterinary Laboratory
Compulsory
Deboning
Animals > 12 month;
€ 40 / head
National Abattoir / Malta Beef
Compulsory
E.
Penalties to be Deducted from Compensation for Disruption of MRRA or
VRFCC Activities
Although animals may fall into one of the categories eligible for compensation,
overall compensation will be reduced should the farmer be found guilty of actions
which may disrupt the activities of the VRFCC.
Cases shall be reviewed by the EBL Compensation Committee and judged based
on their own individual circumstances.
Penalties are deducted from the total amount of compensation to be granted to the
farmer. The table below explains the percentage of compensation to be deducted
from the total amount of compensation due to a farmer for each individual
infringement.
Such penalties are cumulative with additional or repetitive infringements by
different owners of the same farm holding.
Infringement
Code
Penalty
Cancellation of sampling appointments
without valid reason(s) following written
15 % reduction in total compensation.
warning.
Unlicensed transfer of an animal.
25 % reduction in total compensation.
Tampering with ear tags.
25 % reduction in total compensation.
Purposeful infection of an animal.
100 % reduction in total compensation.
Template of Table of Calculation of Compensation Owed on a Per Animal Basis
Animal Age Slaughter
Initial Subtrac- Subtrac- Subtrac- Subtrac-
Final
Compen-
ID
Weight
Compen- ted for
ted for
ted for
ted for
Compen-
sation
(Kg)
sation Slaughte Disease Deboning Misdemea- sation
Category
Owed (€)
r (€)
Testing
(€)
nors (%) Owed (€)
(€)
(A – E)
For the purpose of these rules, and unless the context
otherwise requires -
"the Commission" means the European Commission of the
Community;
"the Committee" means the Standing Veterinary Committee;
"the Community" means the European Community as established
under the Treaty establishing the European Community;
"the competent authority" means the Veterinary Services within
Malta as provided under article 2 of the Veterinary Services Act;
"the Council" means the Council of Ministers of the Community;
"the Fund" means the European Agricultural Guidance and
Guarantee Fund;
"t he Treaty" m eans t he Treaty establishing the Euro pean
Community;
"Member State" means a State which is a Member within the
European Community;
(1) For the purpose of these rules, when in Malta the cattle
population is infected by bovine brucellosis, the competent
authority shall draw up plans for accelerating the eradication of this
disease, under the conditions laid down in sub-rules (2) and (3).
(2) The plans for accelerating the eradication of bovine
brucellosis shall be so devised by the competent authority that on
their completion herds are classed as "officially brucellosis-free",
in accordance with Community law, and in particular European
*These rules have been repealed by Legal Notice 77 of 2025.
Union Council Directive 64/432/EEC on animal health problems
affecting intra-Community trade in bovine animals and swine, as
last amended by European Union Council Directive 75/379/EEC
Provided that the plan shall list the measures to be taken to
accelerate and intensify the eradication of bovine brucellosis and
shall specify the measures to combat and prevent this disease.
(3)
The competent authority shall report to the Commission -
(a) the percentage and total number of herds subject to
control measures, and of herds with confirmed bovine
brucellosis;
(b) the total numbers -
(i) of animals subject to control measures;
(ii) of animals with suspected brucellosis
or
considered to be infected;
(iii) of infected animals;
(iv) of animals slaughtered;
(c) the scheduled duration of the initial eradication
programmes and of the accelerated plans;
(d) the method applied for checking on the effective
application of the accelerated plans;
(e) the national budgetary allocation for the eradication of
bovine brucellosis and the breakdown by items of
these allocations
Provided that the information referred to under paragraphs
(a), (b) and (e) shall be provided for the three years preceding the
application of the acceleration measures, and annually thereafter.
(4) When within the jurisdiction of the competent authority, the
bovine population is brucellosis-free, the competent authority shall
inform the Commission of all the measures taken to prevent the
resurgence of this disease.
(1) For the purpose of these rules, when the cattle
populations are infected with bovine tuberculosis, the competent
authority shall draw up plans for accelerating the eradication of this
disease in their national territories, under the conditions laid down
in sub-rules (2) and (3).
(2) The plans for accelerating the eradication of bovine
tuberculosis shall be so devised by the competent authority that on
their completion herds in particular are classed as "officially
tuberculosis-free", in accor dance with Comm unity law and
European Union Council Directive 64/432/EEC
Provided that the plans shall list the measures to be taken to
accelerate, intensify or carry through the eradication of bovine
tuberculosis and shall specify the measures to combat and prevent
this disease.
(3)
The competent authority shall report to the Commission -
(a) the percentages and total numbers of herds subject to
control measures, and of herds with confirmed bovine
tuberculosis;
(b) the total numbers -
(i) of animals subject to control measures;
(ii) of animals with suspected tuberculosis or
considered to be infected;
(iii) of infected animals;
(iv) of animals slaughtered;
(c) the scheduled duration of the initial eradication
programmes and of the accelerated plans;
(d) the methods applied for checking on the effective
application of the accelerated plans;
(e) the national budgetary allocations for the eradication
of bovine tuberculosis and the breakdown by items of
these allocations
Provided that the information referred to under paragraphs
(a), (b) and (e), shall be provided for the three years preceding the
application of the acceleration measures, and annually thereafter.
(4) When within the jurisdiction of the competent authority, the
bovine population is tuberculosis-free, the competent authority
shall inform the Commission of all the measures taken to prevent
the resurgence of such disease.
(1) For the purpose of these rules, when the competent
authority has established the presence of enzootic leucosis among
cattle, it shall draw up plans for the eradication of this disease.
(1A) (a) The plans for accelerating the eradication of Enzootic
Bovine Leucosis in Malta shall be those laid down in
the Schedule to these rules.
(b) The Minister shall order the slaughter of cattle
infected with Enzootic Bovine Leucosis and instruct
farmers as to the procedure to be undertaken for such
slaughter.
(c) The Minister shall compensate farmers for infected cattle
slaughtered in terms of the said Schedule.
(2) The plans must specify the measures for combating this
disease.
(3) The tests or methods used to declare a herd free of leucosis
shall be those laid down in European Union Commission Decision
73/30/EEC applying special health guarantees for the prevention of
leucosis in the case of bovine animals imported for breeding or
production, as last amended by European Union Commission
Decision 75/64/EEC, or any other tests or methods recognized by
the procedure laid down in rule 10.
(4) The competent authority shall, on request, furnish the
Commission, with all information regarding the execution of the
plans.
(1) Expenditure by the competent authority in respect of
measures taken under rules 3,4 and 5 shall be eligible for assistance
from the Guidance Section of the Fund.
(2) Measures taken by the competent authority shall not be
eligible to benefit from financial contributions by the Community
unless a favourable decision according to rule 8 has been given in
respect of the provisions relating thereto.
Applications for payment shall relate to slaughterings
carried out by the competent authority in the course of a calendar
year and shall be submitted to the Commission before the 1 st July of
the following year.
(1) The competent authority
shall
forward
to
the
Commission the plans provided for -
(a) in rules 3 and 4 and the information required under
rule 3(3)(c) and (d) and rule 4(3)(c) and (d) prior to
their implementation, not later than three months after
the entry into effect of these rules, and annually
thereafter;
(b) in rule 5 annually, and prior to their implementation in
the case the competent authority has not yet drawn up
plans.
(2)
The Commission shall -
(a) examine the plans forwarded in accordance with sub-
rule (1) for the purpose of determining whether, in
terms of conformity with European Union Directive
77/391/EEC and having regard to the objectives
thereof, the conditions for financial contribution by the
Community are met;
(b) submit a draft Decision to the Standing Veterinary
Committee within two months following the receipt of
any such plans;
(c) issue its opinion in accordance with the procedure laid
down in rule 10, within a time limit set by the
chairman;
(d) consult the Fund Committee on the financial aspects.
(1) The Commission shall make regular on-the-spot checks
to verify, from a veterinary viewpoint, whether the plans are being
applied.
(2) The competent authority shall take the necessary steps to
facilitate these 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.
(3) The provisions for implementing these rules, especially as
regards the frequency and method of carrying out the checks
referred to in sub-rules (1) and (2), the rules governing the
appointment of official veterinarians and the procedure which they
must follow when drawing up their report, shall be laid down
according to the procedure set out in rule 10.
(1) Where the procedure laid down in this rule is to be
followed, the matter shall be referred by the chairman, either on his
own initiative or at the request of the competent authority, to the
Standing Veterinary Committee.
(2)
The procedure shall be carried out as follows
(a) the representative of the Commission shall submit to
the Committee a draft of the measures to be taken;
(b) the Committee shall deliver its opinion on the draft
within a time limit which the Chairman may lay down
according to the urgency of the matter;
(c) the opinion shall be delivered by the majority laid
down in Article 148(2) of the Treaty in the case of
decisions which the Council is required to adopt on a
proposal from the Commission;
(d) the votes of the representatives of the Member States
within the Committee shall be weighted in the manner
set out in Article 148(2) of the Treaty;
(e) the Chairman shall not vote.
(3)
Where the measures -
(a) are in accordance with the opinion of the Committee,
the Commission shall adopt them and shall apply them
immediately;
(b) are not in accordance with the opinion of the
Committee, or if no opinion is delivered, the
Commission shall without delay submit a proposal to
the Council on the measures to be adopted.
(4) The Council shall adopt the measures by a qualified
majority
Provided that if the Council has not adopted any measures
within three months of the date on which the proposal was referred
to it, the Commission shall adopt the proposed measures and apply
them immediately, save where the Council has decided against
these measures by a simple majority.