EMERGENCY EUTHANASIA OF ANIMALS REGULATIONS

EMERGENCY EUTHANASIA OF ANIMALS

SUBSIDIARY LEGISLATION 439.17

EMERGENCY EUTHANASIA OF ANIMALS

REGULATIONS

12th June, 2015

LEGAL NOTICE 193 of 2015, as amended by Legal Notices 139 of 2023

and 135 of 2025.

(1) The title of these regulations is the Emergency

Euthanasia of Animals Regulations.

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

measures, in line with article 11 of the Animal Welfare Act, with

respect to the emergency euthanasia of animals in public places and

spaces within the Maltese territory.

(3) Animals that have been victims of an accident that prevents

their transport for welfare reasons may undergo emergency

euthanasia on the spot. The aim is to spare any avoidable pain,

distress or suffering to the animal.

(1) Unless stated otherwise in these regulations, the

definitions contained in the Act, in Council Regulation (EC) No

1099/2009 of 24 September 2009 on the protection of animals at

the time of killing and in the manual of practical guidelines as

published in the Gazette by the Director to assess fitness for

transport of adult bovines shall apply. The same guidelines shall be

utilised to assess fitness for transport of other animals that are not

transportable without causing pain.

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

otherwise requires

"the Act" means the Animal Welfare Act;

"animal" means any vertebrate animal;

"Director" means the Director for Animal Welfare;

"emergency euthanasia" means the killing of animals which are

injured, in severe pain or suffering and where there is no other

practical possibility to alleviate this pain or suffering;

"killing" means any intentionally induced process which causes

the death of an animal;

"official veterinarian" means a veterinary surgeon registered in

terms of article 43 of the Veterinary Services Act who is employed

by the State as a veterinary officer;

"private veterinarian" means a veterinary surgeon registered in

terms of article 43 of the Veterinary Services Act who exercises and

performs private veterinary activities.

(3) Without prejudice to the provisions of sub-regulation (2),

terms and expressions used in these regulations which are not defined

herein, shall unless the context otherwise requires, have the same

meaning assigned to them in the Act.

EMERGENCY EUTHANASIA OF ANIMALS

These regulations shall apply in case of an emergency

situation in public places or spaces which, in the event of any of the

situations listed hereunder, may require euthanasia on the spot

(a) profuse

and

continuous

bleeding

(severe

haemorrhage), where the animal would have already

lost more than an estimated 3% of its weight;

(b) serious open wounds which may result in the prolapse

of visceral organs and also where the official

veterinarian or private veterinarian has determined that

the wound is causing severe pain or suffering to the

animal;

(c) orthopaedic/musculoskeletal traumas and lesions

which would be either causing severe pain or suffering

or would not allow the animal to stand in an upright

position;

(d) loss of consciousness; the official veterinarian or

private veterinarian must determine whether there is a

temporary loss of consciousness or a permanent loss of

consciousness. In the latter case the breathing rate,

pulse rate, heart rate and temperature must be

determined, where possible;

(e) any other situation where animals can become

uncontrollable and thus represent an increased risk to

the health and safety of humans.

(1) (a) An official veterinarian or private veterinarian

c a l l e d d u r i n g a n e m e rg e n c y s h a l l b e o b l i g e d t o

determine the level of pain and, or suffering of the

animal after which the official veterinarian or private

veterinarian may take the decision to euthanize the

animal in order to relieve if from that condition. If the

animal is not in any of the conditions referred to in

regulation 3 and can be moved from the spot, the

official veterinarian or private veterinarian may issue

the necessary instructions to move the animal to a safer

place to carry out treatment.

(b) Emergency euthanasia shall be carried out under the

responsibility of the official veterinarian or private

veterinarian without causing the animal unnecessary

pain, suffering or distress.

(c) The official veterinarian or private veterinarian shall

carry out euthanasia in accordance with standard

veterinary practices and take all appropriate actions to

safeguard the welfare of animal(s) in the best available

conditions and circumstances.

(d) In the event that an animal is not under control and is

dangerous to the public, the official veterinarian or

private veterinarian may, in consultation with the

police, arrange for a marksman or an officer

experienced in the use of firearms to put down the

animal with a free projectile from a standard firearm.

EMERGENCY EUTHANASIA OF ANIMALS

(e) The official veterinarian or private veterinarian

carrying out euthanasia shall make sure that the animal

is clinically dead before the body is disposed of.

(f)

Disposal of the carcass shall be at the expense and the

responsibility of the owner. The provisions of Council

Regulation (EC) No 1099/2009 of 24 September 2009

on the protection of animals at the time of killing shall

apply with regard to such disposal.

(2) The decision to euthanise an animal by the official

veterinarian shall be final and in no circumstance shall the Ministry

concerned, the Director, or the official veterinarian be held

responsible for any loss by the owner of the animal euthanised by

the official veterinarian.

(3) Whenever both the official veterinarian and the private

veterinarian arrive on the scene of the emergency at the same time,

the private veterinarian shall take over the care and welfare of the

animal.

When an animal is to be euthanised by the official

veterinarian, the owner of the animal shall be liable to a charge of

one hundred and fifty euro (€150) payable to the Director together

with the expenses referred to in regulation 4(1)(f).

Any person who obstructs an official veterinarian or a private

veterinarian in the performance of his functions in accordance with

these regulations shall be found guilty of an offence and shall be liable

to the punishments and administrative penalties referred to in articles

45 and 47 of the Act.