BREEDING ANIMALS OF THE PORCINE SPECIES (ZOOTECHNICAL STANDARDS) REGULATIONS * (zootechnicalstandards)

SUBSIDIARY LEGISLATION 437.09

BREEDING ANIMALS OF THE PORCINE SPECIES

(ZOOTECHNICAL STANDARDS) REGULATIONS *

4th May, 2010

LEGAL NOTICE 262 of 2010.

(1) The title of these regulations is the Breeding Animals

of the Porcine Species (Zootechnical Standards) Regulations.

(2) The scope of these regulations is to implement the

provisions found under European Union Council Directive 88/661/

EEC on the zootechnical standards applicable to breeding animals

of the porcine species.

(1) Unless otherwise stated in these regulations, the

definitions in the Act shall continue to apply.

(2) For the purpose of these regulations and unless the context

otherwise requires

''the Act'' means the Veterinary Services Act;

''the Community'' means the European Community as established

under the Treaty establishing the European Community;

''the competent authority'' means the Veterinary Services

Authority of Malta as established by the Act;

''herd-book'' means any book, file or data medium

(a) which is maintained either by a breeders’ association

officially approved by Malta or a Member State in

which that association is established or by an official

service of Malta or Member State in question;

(b) which is maintained by a breeding organisation in

Malta, however officially approved by the Member

State in which that organisation is established; and

(c) in which pure-bred breeding pigs of a specified breed

are entered or registered with reference to their

ancestors;

''hybrid breeding pig'' means any animal of the porcine species

which fulfils the following criteria

(a) it is produced by deliberate crossbreeding -

(i)

between pure-bred breeding pigs of different

breeds or lines;

(ii) between animals which are themselves the

outcome of a cross between different breeds or

lines; or

(iii) between pure-bred animals and animals

*These Regulations have been repealed by Legal Notice 11 of 2024.

belonging to one or other of the above

categories; and

(b) it must be entered in a register;

' ' M e m b e r St a t e ' ' m e a n s a s t a t e w hi c h i s a m e m b e r o f t he

European Union;

''pure-bred breeding pig'' means any animal of the porcine

species, the parents and grandparents of which are entered or

registered in a herd-book of the same breed and which is itself

entered or registered and eligible for entry in such a herd-book;

''the Register'' means any book, file or data medium -

(a) which is maintained either by a breeders’ association,

a breeding organisation or a private undertaking

officially approved by Malta or a Member State in

which that association, organisation or undertaking is

established, or by an official service of Malta or

Member State in question; and

(b) in which hybrid breeding pigs are entered with

reference to their ancestors;

''third country'' means a country which is not a member state of

the European Union;

''trade'' means trade between Member States or between a third

country and a Member State in animals and their products, a

business or occupation to make profit or gain, particularly in

wholesale or retail sales and includes dealings in a particular

business activity.

In Malta, the following shall not be prohibited, restricted

or impeded on zootechnical grounds

(a) trade with Member States in pure-bred breeding pigs

or in their semen, ova and embryos;

(b) the establishment of herd-books, provided that they

meet the conditions laid down pursuant to regulation

8; and

(c) the official approval of breeders’ associations or

breeding organisations as referred to in the definition

''herd-book'' in regulation 2(2), which establish or

maintain herd-books in accordance with regulation 8.

Provisions for the approval of pure-bred breeding pigs for

breeding shall be adopted in accordance with the requirements of

the European Community and according to any procedures laid

down in accordance with article 34(b) of the Act.

The competent authority shall draw up and keep up to date

a list of bodies as referred to in regulation 3(c), and make it

available to the other Member States and to the public. Detailed

rules for the uniform application of this regulation may be adopted

in accordance with the procedure referred to in regulation 12(1).

(1) Breeders’ associations and, or breeding organisations

as referred to in the definition ''herd-book'' in regulation 2(2) which

are officially approved by Malta or the official service of Malta

may not oppose the entry in their herd-books of pure-bred breeding

pigs from Member States, provided that they satisfy the

requirements laid down in accordance with regulation 8.

(2) Malta may require or allow certain pure-bred breeding pigs

dispatched from a Member State and having specific characteristics

identifying them from the population of the same breed in Malta to

be entered in a separate section of the herd-book for the breed to

which they belong.

Pure-bred breeding pigs and the semen, ova and embryos

of such animals shall be accompanied at the time of their marketing

by certificates drawn up in accordance with regulation 8.

(1) The following shall be determined in accordance with

requirements of the European Community and in accordance with

any procedures laid down in accordance with article 34(b) the Act

(a) methods for monitoring performance and assessing the

genetic value of pure-bred breeding pigs;

(b) the criteria governing the establishment of herd-books;

(c) the criteria governing entry in herd-books;

(d) the criteria for approval and supervision of breeders’

associations and, or breeding organisations as referred

to in the definition ''herd-book'' in regulation 2(2)

which establish or maintain herd-books; and

(e) the certificate mentioned in regulation 7.

(2) Pending entry into force of the provisions provided for in

sub-regulation (1), the monitoring referred to in paragraph (a)

thereof officially carried out in each Member State and the herd-

books shall be recognised in Malta.

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

a list of bodies as referred to in regulation 3(c), and make it

available to the other Member States and to the public. Detailed

rules for the uniform application of this regulation may be adopted

in accordance with the procedure referred to in regulation 12(1).

In Malta, the following shall not be prohibited, restricted

or impeded on zootechnical grounds

(a) trade with Member States in hybrid breeding pigs or

the semen, ova and embryos of such animals;

(b) the establishment of registers, provided that they meet

the conditions laid down pursuant to regulation 12;

and

(c) the official approval of breeders’ associations and, or

breeding organisations and, or private undertakings as

referred to in the definition ''the Register'' in regulation

2(2) which establish or maintain registers in

accordance with regulation 12.

Provisions for the approval of hybrid breeding pigs for

breeding shall be adopted in accordance with the requirements of

the European Community and according to any procedures laid

down in accordance with article 34(b) of the Act.

Hybrid breeding pigs and the semen, ova and embryos of

such animals shall be accompanied at the time of their marketing

by certificates drawn up in accordance with requirements of the

European Community and in accordance with any procedures laid

down in accordance with article 34(b) of the Act.

(1) The following shall be determined in accordance with

requirements of European Community and in accordance with any

procedures laid down in accordance with article 34(b) of the Act

(a) methods for monitoring performance and assessing the

genetic value of hybrid breeding pigs;

(b) the criteria governing the establishment of registers;

(c) the criteria governing entry in registers;

(d) the criteria governing the approval and monitoring of

breeders’ associations and breeding organisations or

private undertakings as referred to in the definition

''the Register'' in regulation 2(2), establishing or

maintaining registers; and

(e) the certificate mentioned in regulation 11.

(2) Pending entry into force of the provisions provided for in

sub-regulation (1), the monitoring referred to in paragraph (a)

thereof, officially carried out in each Member State, and the

registers shall be recognised in Malta.

The Court may order any person who is found guilty of

committing an offence under these regulations, to pay for the

expenses incurred by the competent authority as a result of the said

offence, the revocation of the permit issued under these regulations

and the confiscation, retention and disposal of the corpus delicti in

terms of article 61 of the Act.