L.S. 437.14(R) Regolamenti dwar il-Kondizzjonijiet Żootekniċi u Ġenealoġiċi Applikabbli għall-Importazzjonijiet ta' Annimali, is-Semen, l-Ova u l-Embr

(1)The title of these regulations is the Zootechnical and G e ne a lo g ic a l C o nd it i on s ap p li c a bl e to I m po r ts f r om T h i rd Countries of Animals, their Semen, Ova and Embryos Regulations. Citation and scope.

(2)These regulations lay down the principles relating to the zootechnical and genealogical conditions applicable to imports from third countries of animals, semen, ova and embryos which are covered by European Union Council Directives 77/504/EEC, 88/ 661/EEC, 89/361/EEC, 90/427/EEC and 91/174/EEC and by the European Community decisions implementing these Directives.

(3)These regulations shall apply without prejudice to the veterinary animal health rules applicable to imports from third countries of animals, their semen, ova and embryos as referred to in subregulation

(1).

(4)These regulations shall not affect (

1. a)the application of the rules on certain substances having a hormonal or thyrostatic action or on betaagonists in stock-farming, (
2. b)imports of animals, semen, ova and embryos referred to in subregulation

(1)and intended for technical or scientific experiments carried out under the control of competent authorities.

(5)Imports of animals, including those not covered by subregulation

(1), referred to in the same subregulation, of ova and embryos m ay not b e prohibited , restricted or prevented by zootechnical or genealogical reasons other than those resulting from these regulations.

(6)The scope of these regulations is to implement the provisions found under European Union Council Directive 94/28/ EEC laying down the principles relating to the zootechnical and genealogical conditions applicable to imports from third countries of animals, their semen, ova and embryos. 2.

(1)For the purposes of these regulations - ''the Act'' means the Veterinary Services Act; ''authorities'' means any organisation, stockrearing organisation, *These Regulations have been repealed by Legal Notice 11 of

1. Definitions. Amended by: L.N. 268 of
2. Cap.
3. 2 [ S.L.437.14 ZOOTECHNICAL AND GENEALOGICAL CONDITIONS APPLICABLE TO IMPORTS FROM THIRD COUNTRIES OF ANIMALS, THEIR SEMEN, OVA AND EMBRYOS breeders’ association, private undertaking or official service which is recognised in respect of the species and, or breed concerned, for the purpose of keeping a herd book or register in accordance with the relevant provisions of European Union Council Directives 77/ 504/EEC, 88/661/EEC, 89/361/EEC, 90/427/EEC and 91/174/EEC; ''the Commission'' means the Commission of the European Union; ''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; ''Member State '' me ans a state which is a m ember of t he European Union; ''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.

(2)Furthermore (

1. a)the definitions in article 1 of European Union Council Directives 77/504/EEC, 88/661/EEC and 91/174/EEC and in article 2 of European Union Council Directives 89/361/EEC and 90/427/EEC shall be respectively applicable as required; (
2. b)for the purposes of applying the Customs Combined Nomenclature, pure-bred horses for breeding shall mean registered horses, with the exception of geldings. List of bodies concerning species or races. Amended by: L.N. 268 of 2010. 3.

(1)For the purpose of these regulations, a list of bodies in respect of the species or races concerned which has been approved by the competent authority of the third country shall be communicated to the Commission. The approval of a body shall be immediately suspended or withdrawn by the competent Authority of the third country where it no longer complies with the conditions referred to in subregulation

(2)(a), and the Commission shall be immediately informed thereof.

(2)In order to appear on the list provided for in subregulation

(1), the third country authority must (

1. a)comply, in the case of each species and, or each breed, with the relevant requirements laid down by zootechnical legislation for authorities approved in the territory of Malta and in the Member States and in particular (
2. i)the provisions applicable to entry registration in herd books or registers, and ZOOTECHNICAL AND GENEALOGICAL CONDITIONS APPLICABLE TO IMPORTS FROM THIRD COUNTRIES OF ANIMALS, THEIR SEMEN, OVA AND EMBRYOS [ S.L.437.14 3 (
3. ii)the provisions applicable to the acceptance of animals for breeding purposes, (iii) the provisions applicable to the use of semen, ova and embryos of animals, (
4. iv)the methods used to check performance and assess the genetic value thereof; (
5. b)be surprised by an official inspection service of the third country, (
6. c)undertake to enter or register in their herd books or registers the animals, semen, ova and embryos and the animals resulting therefrom as referred to in regulation 1

(1)which originate in an authority in respect of the species and, or race concerned and recognised under Maltese and Member States’ legislation.

(3)The implementing rules resulting from this regulation, and in particular from subregulation

(2)(c), should the occasion arise, shall be adopted by the procedure laid down in article 34(

1. g)of the Veterinary Services Act. 4. To be imported, animals referred to in regulation 1 must (
2. a)be entered or registered in a herd book or register kept by an authority named on a list as referred to in regulation 3

(1), (

1. b)be accompanied by a pedigree and zootechnical certificate to be drawn up in accordance with requirements of the European Community and the procedure laid down in article 34(
2. g)of the Veterinary Services Act, (
3. c)be accompanied by evidence that they are going to be entered or registered in a territory of Malta or Member States herd book or register in accordance with requirements of the European Community and detailed rules to be established under the procedure laid down in article 34(
4. g)of the Veterinary Services Act. 5. To be imported, semen as referred to in regulation 1 must (
5. a)come from an animal which is entered or registered in a herd book or register kept by an authority shown on one of the lists referred to in regulation 3

(1); (

1. b)come from an animal which has undergone the performance checks and genetic value assessment to be determined in accordance with the requirements of the European Community and the procedure laid down in article 34(
2. g)of the Veterinary Services Act on the basis of the principles provided for in this respect by zootechnical rules; (
3. c)be accompanied by a pedigree and zootechnical certificate to be drawn up in accordance with the requirements of the European Community and the procedure laid down in article 34(
4. g)of the Veterinary Cap. 437. Importation of animals. Cap. 437. Cap. 437. Importation of semen. Cap. 437. Cap. 437. 4 [ S.L.437.14 ZOOTECHNICAL AND GENEALOGICAL CONDITIONS APPLICABLE TO IMPORTS FROM THIRD COUNTRIES OF ANIMALS, THEIR SEMEN, OVA AND EMBRYOS Services Act. Importation of ova. 6. To be imported, ova of the animals referred to in regulation 1 must (
5. a)come from an animal which is entered or registered in a herd book or register kept by an authority shown on one of the lists referred to in regulation 3

(1); Cap. 437. Importation of embryos. (

1. b)be accompanied by a pedigree and zootechnical certificate to be drawn up in accordance with the requirements of the European Community and the procedure laid down in article 34(
2. g)of the Veterinary Services Act. 7. To be imported, the embryos referred to in regulation 1 must (
3. a)come from an animal which is entered or registered in a herd book or register kept by an authority shown on one of the lists referred to in regulation 3

(1); Cap. 437. Applicable European Union Council Directives. (

1. b)be accompanied by a pedigree and zootechnical certificate to be drawn up in accordance with the requirements of the European Community and the procedure laid down in article 34(
2. g)of the Veterinary Services Act. 8.

(1)European Union Council Directive 91/496/EEC shall be applicable in respect of animals as referred to in regulation 1

(1).

(2)European Union Council Directive 97/78/EC shall be applicable in respect of semen, ova and embryos as referred to in regulation 1

(1). Cap. 437. Orders which may be given by the Court. Amended by: L.N. 268 of 2010.

(3)Specific detailed implementing rules for the purposes of the zootechnical checks resulting from this regulation shall be adopted, as and when required, in accordance with the requirements of the European Community and the procedure laid down in article 34(g) of the Veterinary Services Act. 9.

(1)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 Veterinary Services 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.

(2)Where any serious infringement to the provisions in regulation 3

(2)(

1. a)so warrants, in particular in the light of findings in relation to on-the-spot checks, measures may be adopted to suspend the import of animals, semen, ova and embryos in accordance with the procedure laid down in accordance with article 34(
2. g)of the Act.