L.S. 437.02 Regolamenti dwar il-Kummerċ f'Equidae maħsuba għal-Kompetizzjonijiet u l-Kondizzjonjiet għall-Parteċipazzjoni fihom

(1)The title of these regulations is the Trade in Equidae intended for Competitions and Conditions for Participation Regulations. Title and scope.

(2)These regulations lay down the conditions governing trade in equidae intended for competitions and the conditions governing their participation therein.

(3)The scope of these regulations is to implement the provisions found under European Union Council Directive 90/428/ EEC on trade in equidae intended for competitions and laying down the conditions for participation therein. 2.

(1)For the purposes of these regulations, the definitions set out in article 2 of Regulation (EU) 2016/1012 of the European Parliament and of the Council of 8 June 2016 on zootechnical and genealogical conditions for the breeding, trade in and entry into the Union of purebred breeding animals, hybrid breeding pigs and the germinal products thereof and amending Regulation (EU) No 652/ 2014, Council Directives 89/608/EEC and 90/425/EEC and repealing certain acts in the area of animal breeding ("Animal Breeding Regulation"), as applicable and as in force from time to time shall also apply. "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" m eans the Veterinary Services Authority of Malta as established by the Act. Furthermore, "competition" means any equestrian competition, including horse racing, show-jumping, events, dressage, events reserved for horse-drawn vehicles and showing classes. "Department" shall have the same meaning as assigned to it in the Act; "M em be r St a te " m ea n s a s t at e w h i c h i s a m e m b er o f t h e European Union; "Official Controls Regulation" means Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/ Definitions. Amended by: L.N. 255 of 2010; L.N. 83 of 2025. Cap. 437. 2 [ S.L.437.02 TRADE IN EQUIDAE INTENDED FOR COMPETITIONS AND CONDITIONS FOR PARTICIAPTION 2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/ EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/ 438/EEC (Official Controls Regulation); "third country" means a country which is not a member state of the European Union; Cap. 437. Moreover, "trading partner" in the meaning of article 2 of the Veterinary Services Act shall mean (a) a Member State of the European Community; (b) a Third country to the European Community.

(2)Without prejudice to the provisions of sub regulation

(1), unless the context otherwise requires, terms used in these regulations which are not defined herein shall have the same meaning as assigned to them in the Act. Competition rules. 3.

(1)The rules of competitions may not discriminate between equidae which are registered in the territory of Malta and equidae registered in a Member State.

(2)The rules of competitions may not discriminate between equidae originating in the territory of Malta and equidae originating in a Member State. Application of rules set out in regulation 3. Amended by: L.N. 255 of 2010. 4.

(1)The obligations set out in regulation 3 shall apply in particular to (

1. a)the requirements for entering the competition, in particular the minimum or maximum requirements; (
2. b)the judging of the competition; (
3. c)the prize money or profits which may accrue from the competition.

(2)However, the obligations referred to in regulation 3 shall not affect the organisation of: (

1. a)competitions reserved for equidae registered in a specific stud book for the purpose of permitting the improvement of the breed; (
2. b)regional competitions with a view to selecting equidae; and (
3. c)historic or traditional events. If the competent authority intends to avail itself of these possibilities, it shall make this intention and the justifications thereof available to other Member States and to the public beforehand. For each competition or type of competition, the competent authority shall be authorised to reserve, through the bodies TRADE IN EQUIDAE INTENDED FOR COMPETITIONS AND CONDITIONS FOR PARTICIAPTION [ S.L.437.02 3 officially approved or recognised for such purpose, a certain percentage of the prize money or profits referred to in subregulation

(1)(c) for the safeguard, development and improvement of breeding. The percentage may not exceed 20% from the limit set in 1993. The criteria for the distribution of these funds in Malta shall be made available to the other Member States and to the public.

(3)The general rules for the application of this regulation shall be adopted in accordance with requisites of the European Community and in accordance with the procedure laid down in article 34(e) of the Veterinary Services Act. 5.

(1)The Department shall serve as the coordinating authority for all the purposes of Commission Decision of 26 March 1992 on the collection of data concerning competitions for equidae as referred to in Article 4

(2)of Council Directive 90/428/EEC (92/216/EEC), as in force from time to time.

(2)The Director and the Department are being vested with the responsibility of fulfilling all the purposes of the Commission Decision referred to in sub-regulation

(1). 6.

(1)Decisions of the Director in terms of these regulations shall be subject to a right of appeal before the Administrative Review Tribunal established by article 5

(1)of the Administrative Justice Act. Cap.

1. Coordinating authority. Substituted by: L.N. 83 of
2. Right of appeal. Added by: L.N. 83 of 2025.

(2)An appeal in terms of this regulation shall be filed within twenty

(20)days from the service of the Director’s decision: Provided that the Director’s decision shall become immediately applicable and enforceable and shall remain applicable throughout the term of appeal until final judgment is delivered by the Administrative Review Tribunal and shall remain applicable, unless such decision is overturned by the said Tribunal or withdrawn by the Director.

(3)The provisions of the Code of Organization and Civil Procedure regarding the right to appeal shall apply mutatis mutandis to these regulations. Cap.

2. Without prejudice to any other power or responsibility in accordance with the law, and to its application in any other manner in accordance with the law, Part IX of the Act shall also apply mutatis mutandis to these regulations. Part IX of the Act. Added by: L.N. 83 of
3. 8.

(1)Without prejudice to rule 6, any person who breaches the provisions of these rules or any obligation in accordance with these rules or breaches a provision of the Official Controls Regulation or hinders any person responsible for their implementation, shall on conviction be liable to the punishments established in the Act. Offences and punishments. Added by: L.N. 83 of 2025.

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

(1), the Court may also order any person guilty of an offence to pay for the 4 [ S.L.437.02 TRADE IN EQUIDAE INTENDED FOR COMPETITIONS AND CONDITIONS FOR PARTICIAPTION expenses incurred by the competent authority and the Director as a result of the said offence, as well as the revocation of any permit or certificate issued in accordance with these regulations and the confiscation, retention destruction or other means of disposal of the animals involved.