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L.S. 437.78(R) Regoli dwar l-Identifikazzjoni u r-Reġistrazzjoni ta’ Majjali Imħassrin bl-Avviż Legali 77 tal-2025

IDENTIFICATION AND REGISTRATION OF PIGS [ S.L.437.78 1 SUBSIDIARY LEGISLATION 437.78 IDENTIFICATION AND REGISTRATION OF PIGS RULES * 23rd October, 2015 LEGAL NOTICE 346 of 2015. 1. (1) The title of th

Article 18of Directive 90/425/ EEC, to exclude from the list in sub-rule

(1)(a) natural persons who keep one single animal which is intended for their own use or consumption, or to take account of particular circumstances, provided that this animal is subjected to the controls laid down in these rules before any movement. Register of animals present on the holding. 4.
(1)Any keeper contained in the list provided for in subregulation 3
(1)(a) shall keep a register stating the number of animals present on the holding.
(2)The register shall include an up-to-date record of movements (numbers of animals concerned by each entering and leaving operation) at least on the basis of aggregate movements, stating as appropriate their origin or destination, and the date of such movements.
(3)The identification mark applied in conformity with rules 5 and 8 shall be stated in all cases.
(4)In the case of pure-bred and hybrid pigs, which are entered in a herd-book in accordance with Council Directive 88/661/EEC of 19 December 1988 on the zootechnical standards applicable to breeding animals of the porcine species, an alternative registration system based on individual identification allowing the animals to be identified may be recognised in accordance

Article 18of Directive 90/425/EEC if it offers guarantees equivalent to a register.

(5)(
  1. a)Any keeper shall supply the competent authority, upon request, with all information concerning the origin, identification and, where appropriate, the destination of animals which he has owned, kept, transported, marketed or slaughtered. Information is to be forwarded in the format and time period requested by the Director. (
  2. b)Any keeper of animals to be moved to or from a market or collection centre shall provide a document, containing details of the animals in question, to the operator, on the market or in the collection centre, who is a keeper of the animals, on a temporary basis: Provided that the operator may use the documents obtained in accordance with sub-rule
(2)to carry out the obligations laid down in sub-rule
(4). (c) The registers and information shall be available on the IDENTIFICATION AND REGISTRATION OF PIGS [ S.L.437.78 3 holding and to the competent authority, upon request, for a minimum period of at least three years. 5.
(1)In furtherance of the provisions of the rules, the following general principles shall be complied with: Identification marks of animals. (
  1. a)identification marks shall be applied before animals leave the holding of birth; (
  2. b)no mark may be removed or replaced without the permission of the competent authority: Provided that, where a mark has become illegible or has been lost, a new mark shall be applied in accordance with this rule; (
  3. c)the keeper shall record any new mark in the register referred to in rule 4 in order to establish a link with the previous mark applied to the animal.
(2)Animals shall be marked as soon as possible, and in any case before they leave the holding, with an ear-tag and, or tattoo making it possible to determine the holding from which they came and enabling reference to be made to any accompanying document which shall mention such ear-tag or tattoo and to the list referred to in rule 3
(1)(a).
(3)The competent authority may delegate its competence to verify the application of identification marks referred in sub-rules
(1)and
(2)to persons or entities it deems suitable to carry out such activity subject to the same authority’s scrutiny.
(4)The competent authority may, by derogation from the second sub-paragraph of Article 3
(1)(c) of Directive 90/425/EEC, apply national systems for all movements of animals in Malta. Such system shall enable the holding from which they came and the holding on which they were born to be identified. The competent authority shall notify the Commission of the systems which it intends to introduce for this purpose. In accordance

Article 18

of Directive 90/425/EEC, the competent authority may be asked to make amendments to the system where such system does not fulfil the requirement referred to in the said Article of Directive 90/425/EEC.

(5)Animals bearing a temporary mark identifying a consignment shall be accompanied throughout their movement by a document which enables the origin, ownership, place of departure and destination to be determined. 6.
(1)Where the competent authority of the Member State of destination decides not to keep the identification mark allocated to the animal in the holding of origin, all charges incurred as a result of replacing the mark shall be borne by that authority. Where the mark has been so replaced, a link shall be established between the identification allocated by the competent authority of the Member State of dispatch and the new identification allocated by the Member State of destination; that link shall be recorded in the register provided for in rule 4: Provided that the option in this sub-rule may not be invoked Non-retention of Identification mark at the Member State of destination. 4 [ S.L.437.78 IDENTIFICATION AND REGISTRATION OF PIGS in the case of animals intended for slaughter which are imported under rule 8 without bearing a new mark in accordance with rule 5.
(2)Where the animals have been traded, the competent authority of the Member State of destination may, for the purposes of Article 5 of Directive 90/425/EEC, have recourse to Article 4 of Directive 89/608/EEC in order to obtain the information relating to the animals, their herd of origin and any movement to which they have been subject. Movements of animals not accompanied by a certificate or a document required by legislation. Animals imported from third countries.
  1. The competent authority shall ensure that any information relating to movements of animals not accompanied by a certificate or a document required by veterinary or zootechnical legislation remains available to the competent authority, upon request, for a minimum period to be set by the latter.
  2. Any animal imported in Malta from a third country which has passed the checks laid down by Directive 91/496/EEC and which remains within Community territory shall, within thirty days o f u n d e rg o i n g t h o s e c h e c k s , a n d , i n a n y e v e n t , b e f o r e i t s movement, be identified by a mark complying with rule 5 unless the holding of destination is a slaughterhouse situated in Malta and the animal is actually slaughtered within that thirty-day period: Provided that, a link shall be established between the identification established by the third country and the identification allocated to it by the competent authority. That link shall be recorded in the register provided for in rule
  3. Powers of the Director. Guidelines. Offences and penalties.
  4. Without prejudice to any other provision of these rules, the Director shall be empowered to issue additional and stricter guidelines, as may be required, and which are conducive to improve the system of registration and identification of pigs.
  5. The Director may, from time to time, issue relative guidelines in terms of these rules and in terms of the Act. Any keeper shall be obliged to follow the guidelines issued by the Director. 11.
(1)Any person who acts in contravention of these rules shall be guilty of an offence and shall, on conviction, be liable to the penalties contemplated in the Act.
(2)Where the Director has reasonable cause to believe that an offence against these regulations has been committed and that it would be appropriate to impose an administrative penalty under article 61 of the Act, the Director shall proceed in accordance with the provisions of the said article 61 of the Act.

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AI explanation based on the official legal text. Indicative, not a substitute for legal advice.