L.S. 437.51 Regoli dwar il-Livelli ta’ Kontroll fl-Identifikazzjoni u r-Reġistrazzjoni ta’ Annimali Bovini

(1)The title of these rules is the Identification and Registration of Bovine Animals (Levels of Controls) Rules. Title and scope.

(2)The scope of these rules is to implement the rules laid down by the European Union Council Regulation 1082/2003 (EC).

1. For the purposes of these rules, "the competent authority” means the Veterinary Services as established by article 2 of the Veterinary Services Act. Definitions.
2. The controls provided for in the system for the identification and registration of bovine animals shall, at least, comply with the minimum requirements set out in rules 4 to
3. Controls for the system of identification and registration. 4.

(1)The competent authority shall carry out on-the-spot inspections, which may be carried out in conjunction with any other in s pe c ti o ns pr o vi de d fo r b y C o m m un it y l e gi s l a ti on . T ho s e inspections shall each year cover at least 10% of holdings situated in M a l t a . T h a t m i n im u m r a t e o f c o n t r ol s h a l l b e i nc r e a s e d immediately where it is established that Community legislation regarding identification has not been complied with. On-spot inspections.

(2)By way of derogation from sub-rule

(1), where a Member State has in place a fully operational database in accordance with Article 5 of Regulation (EC) No 1760/2000 which provides effective crosschecking facilities, a rate of 5% may be envisaged.

(3)The selection of holdings to be inspected by the competent authority shall be made on the basis of risk analysis.

(4)The risk analysis for each holding shall take into account, in particular, the following: (

1. a)the number of animals on the holding, including details of all the animals present and animals identified on the holding; (
2. b)public and animal health considerations, and in particular the existence of previous outbreaks of disease; (
3. c)the amount of annual bovine premium claimed and, or paid to the holding, compared with the amount paid the previous year; (
4. d)significant changes in comparison with situations in previous years; (
5. e)results of checks conducted in earlier years, in Cap. 437. 2 IDENTIFICATION AND REGISTRATION OF BOVINE ANIMALS (LEVELS OF CONTROLS) [ S.L.437.51 particular: (
6. i)the proper keeping of the holding register, as provided for by Commission Regulation (EC) No 2629/97; (
7. ii)the proper keeping of passports of the animals present in the holding, as provided for by Regulation (EC) No 2629/97; (
8. f)proper communication of the data to the competent authority; (
9. g)other criteria to be defined by the competent authority.

(5)Each inspection shall be the subject of a report standardised at national level setting out the results of the controls and any unsatisfactory findings, the reason for the control and the persons present. The keeper or his representative shall be given the opportunity to sign the report and, as appropriate, to give his observations on its content.

(6)Copies of the reports referred to in sub-rule

(5)shall, where they reveal infringements of Regulation (EC) No 1760/2000, be sent without delay to the competent authorities responsible for the implementation of Commission Regulation (EC) No 2419/2001. Animals covered by the control. 5.

(1)The control shall cover all the animals on the holding for which identification is provided for by Regulation (EC) No 1760/2000.

(2)By way of derogation from sub-rule

(1), if for practical reasons it is not possible to assemble the animals on the holding within a period of forty-eight hours, the competent authority may provide for a sampling system provided that a reliable level of control is ensured. Regulations governing on-spot inspections. 6.

(1)On-the-spot checks shall in general be unannounced. Where advance warning is given, it shall be limited to the strict minimum necessary and as a general rule shall not exceed fortyeight hours.

(2)Malta shall make an annual report to the Commission, before 31 August each year, giving details of the following: (

1. a)the number of holdings in the Member State concerned; (
2. b)the number of inspections made pursuant to rule 4; (
3. c)the number of animals which have been inspected; (
4. d)any breach found; (
5. e)any sanction imposed in accordance with Article 22 of Regulation (EC) No 1760/2000.

(3)The information referred to in sub-regulation

(2)shall be transmitted to the Commission following the model structure presented in Schedule

1. IDENTIFICATION AND REGISTRATION OF BOVINE ANIMALS (LEVELS OF CONTROLS) [ S.L.437.51
2. For the purposes of these rules any reference made to European Union Council Regulation (EC) No 2630/97 shall be construed as a reference to this rule and shall be read in accordance with the correlation table set out in Schedule
3. 3 Applicability of European Union Council Regulation (EC) No 2630/
4. [ S.L.437.51 4 IDENTIFICATION AND REGISTRATION OF BOVINE ANIMALS (LEVELS OF CONTROLS) SCHEDULE 1 Report on the results of conrols made in the bovine sector regarding Community provisions for identification and registration
5. General information on animals and inspections Total number of holdings 1 registered in Malta as registered at the beginning of the reporting/inspection period Total number of holdings inspected Total number of inspections made Total number of bovine livestock as registered at the beginning of the reporting/inspection period Total number of bovines in inspected holdings
6. As defined in the second indent of Article 2 of Regulation (EC) No. 1760/2000
7. Breaches found by category Affected animals Affected holdings
12. Animal identification failure Holding register discrepancies Failure to notify birth, death or movement Passport anomalies 2 Animals/holdings with only one breach as listed in points 1 - 4
13. Animals/holdings with more than one breach as listed in points 1 - 4
14. Animals/holdings with breaches in total (points 5 and 6)
15. Not applicable in Member States having decided that passports are to be issued only for animals intended for intra-Community trade in accordance with Article 6

(3)of Regulation (EC) No. 1760/

2. Sanctions imposed according to Regulation (EC) No. 494/98 Affected animals Affected holdings
3. Restriction of movements of individual bovines
4. Restriction of movements of all bovines on the holding
5. Destruction of animals in total IDENTIFICATION AND REGISTRATION OF BOVINE ANIMALS (LEVELS OF CONTROLS) [ S.L.437.51 SCHEDULE 2 Correlation table Regulation (EC) No. 2630/97 Article 1 Article 2

(1)Article 2

(2)Article 2

(3)Article 2

(4)(a) Article 2

(4)(b) Article 2

(4)(c) Article 2

(4)(d) Article 2

(4)(e) first indent Article 2

(4)(e) second indent Article 2

(4)(f) Article 2

(4)(g) Article 2

(5)Article 2

(6)Article 3 Article 4 Article 5 Article 6 Annex - These rules Rule 3 Rule 4

(1)Rule 4

(2)Rule 4

(3)Rule 4

(4)(a) Rule 4

(4)(b) Rule 4

(4)(c) Rule 4

(4)(d) Rule 4

(4)(e)(i) Rule 4

(4)(e)(ii) Rule 4

(4)(f) Rule 4

(4)(g) Rule 4

(5)Rule 4

(6)Rule 5 Rule 6 Rule 6 Rule 7 Schedule 1 Schedule 2 5