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PROTECTION OF ANIMALS DURING TRANSPORT AND RELATED OPERATIONS (IMPLEMENTING) REGULATIONS

6 Articles / Provisions · Malta
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Laws of Malta — Subsidiary Legislation 439.24 — PROTECTION OF ANIMALS DURING TRANSPORT AND RELATED OPERATIONS (IMPLEMENTING) REGULATIONS

PROTECTION OF ANIMALS DURING TRANSPORT AND

RELATED OPERATIONS (IMPLEMENTING)

SUBSIDIARY LEGISLATION 439.24

PROTECTION OF ANIMALS DURING TRANSPORT

AND RELATED OPERATIONS (IMPLEMENTING)

REGULATIONS

4th July, 2023

LEGAL NOTICE 143 of 2023.

Laws of Malta — Subsidiary Legislation 439.24 — PROTECTION OF ANIMALS DURING TRANSPORT AND RELATED OPERATIONS (IMPLEMENTING) REGULATIONS

(1)

The title of these regulations is the Protection of

Animals during Transport and related Operations (Implementing)

Regulations.

(2) These regulations implement the requirements of

Council Regulation (EC) No 1/2005 of 22 December 2004 on the

protection of animals during transport and related operations and

amending Directives 64/432/EEC and 93/119/EC and Regulation (EC)

No 1255/97.

Laws of Malta — Subsidiary Legislation 439.24 — PROTECTION OF ANIMALS DURING TRANSPORT AND RELATED OPERATIONS (IMPLEMENTING) REGULATIONS

(1)

In these regulations, unless the context otherwise

requires

"Act" means the Animal Welfare Act;

"competent authority" means the competent authority in

accordance with the meaning of Article 3(3) of Regulation (EU)

2017/625 of the European Parliament and the Council for the

territory of Malta;

"Council Regulation (EC) No 1/2005" means Council

Regulation (EC) No 1/2005 of 22 December 2004 on the

protection of animals during transport and related operations

and amending Directives 64/432/EEC and 93/119/EC and

Regulation (EC) No 1255/97.

(2)

For the purposes of these regulations, unless the context

otherwise requires, the definitions of the Act and those of Council

Regulation (EC) No 1/2005 shall apply.

Laws of Malta — Subsidiary Legislation 439.24 — PROTECTION OF ANIMALS DURING TRANSPORT AND RELATED OPERATIONS (IMPLEMENTING) REGULATIONS

The Veterinary Services shall be the competent authority

for the purposes of Council Regulation (EC) No 1/2005.

Laws of Malta — Subsidiary Legislation 439.24 — PROTECTION OF ANIMALS DURING TRANSPORT AND RELATED OPERATIONS (IMPLEMENTING) REGULATIONS

Where the Director Veterinary Services has reasonable

cause to believe that an offence against these regulations or Council

Regulation (EC) No 1/2005 has been committed, he can

(a)

subject to the provisions of these regulations and

of the Act, institute proceedings before the competent court

against a person who infringes any of the provisions arising

from these regulations. The person shall, on conviction, be

PROTECTION OF ANIMALS DURING TRANSPORT AND

RELATED OPERATIONS (IMPLEMENTING)

liable to a fine (multa) of not less than eleven thousand and six

hundred and forty-six euro and eighty-seven cents (€11,646.87)

and not exceeding thirty-four thousand and nine hundred and

forty euro and sixty cents (€34,940.60). The Court may also

order any person who is found guilty of committing an offence

against 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 in accordance with these

regulations and the confiscation, retention and disposal of the

corpus delicti; or

(b)

apply the provisions of article 47 of the Act.

Laws of Malta — Subsidiary Legislation 439.24 — PROTECTION OF ANIMALS DURING TRANSPORT AND RELATED OPERATIONS (IMPLEMENTING) REGULATIONS

(1)

The following regulations are hereby repealed

(a)

Carriage of Livestock (Road Vehicle Standards for

Journeys exceeding Eight Hours) Regulations; and

(b)

Animals Transport (Protection) Regulations.

(2)

Any act, decision or action taken before the coming into

force of these regulations shall continue to be regulated by the

provisions of the regulations listed in sub-regulation (1) as in force

prior to the coming into force of these regulations.

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