L.S. 437.86(R) Regoli dwar il-Mizuri għall-Qerda tal-Bruċellosi, Tuberkulosi u Lewkosi fl-Ifrat Imħassrin bl-Avviż Legali 77 tal-2025

(1)The title of these rules is Measures for the Eradication of Brucellosis, Tubercolosis and Leucosis in Cattle Rules. Title, scope and applicability.

(2)The scope of these rules is to implement the rules contained in the European Union Council Directive 77/391/EEC concerning the introduction of Community measures for the eradication of brucellosis, tuberculosis and leucosis in cattle.

(3)These rules lay down rules to improve the state of health of cattle in Malta to accelerate or intensify the eradication of brucellosis and tuberculosis and to eradicate leucosis.

1. For the purpose of these rules, and unless the context otherwise requires - Definitions. "the Commission" means the European Commission of the Community; "the Committee" means the Standing Veterinary Committee; "the Community" means the European Community as established under the Treaty establishing the European Community; "the competent authority" means the Veterinary Services within Malta as provided under article 2 of the Veterinary Services Act; Cap.
2. "the Council" means the Council of Ministers of the Community; "the Fund" means the European Agricultural Guidance and Guarantee Fund; "t he Treaty" m eans t he Treaty establishing the Euro pean Community; "Member State" means a State which is a Member within the European Community; 3.

(1)For the purpose of these rules, when in Malta the cattle population is infected by bovine brucellosis, the competent authority shall draw up plans for accelerating the eradication of this disease, under the conditions laid down in sub-rules

(2)and

(3).

(2)The plans for accelerating the eradication of bovine brucellosis shall be so devised by the competent authority that on their completion herds are classed as "officially brucellosis-free", in accordance with Community law, and in particular European *These rules have been repealed by Legal Notice 77 of 2025. Plans for accelerating the eradication of bovine brucellosis. 2 [ S.L.437.86 MEASURES FOR THE ERADICATION OF BRUCELLOSIS, TUBERCULOSIS AND LEUCOSIS IN CATTLE Union Council Directive 64/432/EEC on animal health problems affecting intra-Community trade in bovine animals and swine, as last amended by European Union Council Directive 75/379/EEC: Provided that the plan shall list the measures to be taken to accelerate and intensify the eradication of bovine brucellosis and shall specify the measures to combat and prevent this disease.

(3)The competent authority shall report to the Commission (

1. a)the percentage and total number of herds subject to control measures, and of herds with confirmed bovine brucellosis; (
2. b)the total numbers (
3. i)of animals subject to control measures; (
4. ii)of animals with suspected brucellosis considered to be infected; (iii) of infected animals; (
5. iv)of animals slaughtered; or (
6. c)the scheduled duration of the initial eradication programmes and of the accelerated plans; (
7. d)the method applied for checking on the effective application of the accelerated plans; (
8. e)the national budgetary allocation for the eradication of bovine brucellosis and the breakdown by items of these allocations: Provided that the information referred to under paragraphs (a), (
9. b)and (
10. e)shall be provided for the three years preceding the application of the acceleration measures, and annually thereafter.

(4)When within the jurisdiction of the competent authority, the bovine population is brucellosis-free, the competent authority shall inform the Commission of all the measures taken to prevent the resurgence of this disease. Plans for accelerating the eradication of bovine tuberculosis. 4.

(1)For the purpose of these rules, when the cattle populations are infected with bovine tuberculosis, the competent authority shall draw up plans for accelerating the eradication of this disease in their national territories, under the conditions laid down in sub-rules

(2)and

(3).

(2)The plans for accelerating the eradication of bovine tuberculosis shall be so devised by the competent authority that on their completion herds in particular are classed as "officially tuberculosis-free", in accor dance with Comm unity law and European Union Council Directive 64/432/EEC: Provided that the plans shall list the measures to be taken to accelerate, intensify or carry through the eradication of bovine tuberculosis and shall specify the measures to combat and prevent this disease.

(3)The competent authority shall report to the Commission (

1. a)the percentages and total numbers of herds subject to control measures, and of herds with confirmed bovine MEASURES FOR THE ERADICATION OF BRUCELLOSIS, TUBERCULOSIS AND LEUCOSIS IN CATTLE [ S.L.437.86 3 tuberculosis; (
2. b)the total numbers (
3. i)of animals subject to control measures; (
4. ii)of animals with suspected tuberculosis or considered to be infected; (iii) of infected animals; (
5. iv)of animals slaughtered; (
6. c)the scheduled duration of the initial eradication programmes and of the accelerated plans; (
7. d)the methods applied for checking on the effective application of the accelerated plans; (
8. e)the national budgetary allocations for the eradication of bovine tuberculosis and the breakdown by items of these allocations: Provided that the information referred to under paragraphs (a), (
9. b)and (e), shall be provided for the three years preceding the application of the acceleration measures, and annually thereafter.

(4)When within the jurisdiction of the competent authority, the bovine population is tuberculosis-free, the competent authority shall inform the Commission of all the measures taken to prevent the resurgence of such disease. 5.

(1)For the purpose of these rules, when the competent authority has established the presence of enzootic leucosis among cattle, it shall draw up plans for the eradication of this disease. (1A) (

1. a)The plans for accelerating the eradication of Enzootic Bovine Leucosis in Malta shall be those laid down in the Schedule to these rules. (
2. b)The Minister shall order the slaughter of cattle infected with Enzootic Bovine Leucosis and instruct farmers as to the procedure to be undertaken for such slaughter. (
3. c)The Minister shall compensate farmers for infected cattle slaughtered in terms of the said Schedule.

(2)The plans must specify the measures for combating this disease.

(3)The tests or methods used to declare a herd free of leucosis shall be those laid down in European Union Commission Decision 73/30/EEC applying special health guarantees for the prevention of leucosis in the case of bovine animals imported for breeding or production, as last amended by European Union Commission Decision 75/64/EEC, or any other tests or methods recognized by the procedure laid down in rule 10.

(4)The competent authority shall, on request, furnish the Commission, with all information regarding the execution of the plans. Plans for accelerating the eradication of enzootic leucosis among cattle. Amended by: L.N. 208 of 2009. 4 [ S.L.437.86 Expenditure by competent authority. MEASURES FOR THE ERADICATION OF BRUCELLOSIS, TUBERCULOSIS AND LEUCOSIS IN CATTLE 6.

(1)Expenditure by the competent authority in respect of measures taken under rules 3,4 and 5 shall be eligible for assistance from the Guidance Section of the Fund.

(2)Measures taken by the competent authority shall not be eligible to benefit from financial contributions by the Community unless a favourable decision according to rule 8 has been given in respect of the provisions relating thereto. Application for payment. 7. Applications for payment shall relate to slaughterings carried out by the competent authority in the course of a calendar year and shall be submitted to the Commission before the 1st July of the following year. Plans to be forwarded to Commission by the competent authority. 8.

(1)The competent authority Commission the plans provided for - shall forward to the (a) in rules 3 and 4 and the information required under rule 3

(3)(

1. c)and (
2. d)and rule 4

(3)(

1. c)and (
2. d)prior to their implementation, not later than three months after the entry into effect of these rules, and annually thereafter; (
3. b)in rule 5 annually, and prior to their implementation in the case the competent authority has not yet drawn up plans.

(2)The Commission shall (a) examine the plans forwarded in accordance with subrule

(1)for the purpose of determining whether, in terms of conformity with European Union Directive 77/391/EEC and having regard to the objectives thereof, the conditions for financial contribution by the Community are met; (

1. b)submit a draft Decision to the Standing Veterinary Committee within two months following the receipt of any such plans; (
2. c)issue its opinion in accordance with the procedure laid down in rule 10, within a time limit set by the chairman; (
3. d)consult the Fund Committee on the financial aspects. Community controls. 9.

(1)The Commission shall make regular on-the-spot checks to verify, from a veterinary viewpoint, whether the plans are being applied.

(2)The competent authority shall take the necessary steps to facilitate these checks and shall in particular ensure that the experts are supplied, at their request, with all information and documentation needed for assessing the execution of the plans.

(3)The provisions for implementing these rules, especially as regards the frequency and method of carrying out the checks referred to in sub-rules

(1)and

(2), the rules governing the appointment of official veterinarians and the procedure which they must follow when drawing up their report, shall be laid down MEASURES FOR THE ERADICATION OF BRUCELLOSIS, TUBERCULOSIS AND LEUCOSIS IN CATTLE [ S.L.437.86 5 according to the procedure set out in rule 10. 10.

(1)Where the procedure laid down in this rule is to be followed, the matter shall be referred by the chairman, either on his own initiative or at the request of the competent authority, to the Standing Veterinary Committee.

(2)The procedure shall be carried out as follows: (

1. a)the representative of the Commission shall submit to the Committee a draft of the measures to be taken; (
2. b)the Committee shall deliver its opinion on the draft within a time limit which the Chairman may lay down according to the urgency of the matter; (
3. c)the opinion shall be delivered by the majority laid down in Article 148

(2)of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission; (d) the votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in Article 148

(2)of the Treaty; (e) the Chairman shall not vote.

(3)Where the measures (

1. a)are in accordance with the opinion of the Committee, the Commission shall adopt them and shall apply them immediately; (
2. b)are not in accordance with the opinion of the Committee, or if no opinion is delivered, the Commission shall without delay submit a proposal to the Council on the measures to be adopted.

(4)The Council shall adopt the measures by a qualified majority: Provided that if the Council has not adopted any measures within three months of the date on which the proposal was referred to it, the Commission shall adopt the proposed measures and apply them immediately, save where the Council has decided against these measures by a simple majority. Community procedure adopted relative to these rules. [ S.L.437.86 6 MEASURES FOR THE ERADICATION OF BRUCELLOSIS, TUBERCULOSIS AND LEUCOSIS IN CATTLE SCHEDULE [Rule 5(1A)] Added by: L.N. 208 of 2009. Enzootic Bovine Leucosis (EBL) Compensation Scheme A. Definitions & Abbreviations Cohorts: Animals known to have coexisted with and have had direct or indirect contact with infected animals, which may reasonably have led to the spread of infection to the animals in question. D Farms: Cow farms licensed as Dairy Producers, which deliver fresh milk to approved plants producing milk for human consumption. R Farms: Cow farms licensed as Non-Dairy Ruminant Producers, which rear ruminants but do not deliver fresh milk to approved plants producing milk for human consumption. EBL: Enzootic Bovine Leucosis EBL +ve: Found positive for Enzootic Bovine Leucosis based on serology of individual serum samples. EBL –ve: Found negative for Enzootic Bovine Leucosis based on serology of individual serum samples. Approved Farms: Those farms which, on inspection by VRFCC personnel, were found to be of sufficient standard to remain operational without requiring any modifications or improvements. Conditionally Approved Farms: Those farms which, on inspection by VRFCC personnel, were found to be of sufficient standard to remain operational only if certain modifications or improvements are carried out. These modifications or improvements shall be carried out within the period of time specified by the VRFCC in order for the farm to become ‘Approved’. If these modifications or improvements are not made by the specified deadline, the farm will lose its ‘Conditionally Approved’ status and be classified as ‘Unapproved’. Initial Sampling: The first eligible collection of individual whole blood samples which was carried out after the 1st of September 2007. Subsequent Sampling: Collections of individual whole blood samples which were carried out after ‘Initial Sampling’ but within the period of 1st September 2007 to 1st March 2009. Initial Testing: The test carried out on samples collected during ‘Initial Sampling’. VRFCC: The Veterinary Regulation, Fisheries Conservation and Control Division within the Ministry for Resources and Rural Affairs. B. Eligibility for Compensation under the EBL Scheme 1. Farmers Eligible for Compensation under the EBL Scheme In order for a farmer to be eligible for compensation for slaughtered cattle under this scheme, all the following conditions shall be satisfied: (

1. a)The farmer shall have been licensed by the department responsible for Veterinary Services as a cattle farm; either as a dairy producer (D) or a non-dairy ruminant farmer (R), at the time of slaughter; MEASURES FOR THE ERADICATION OF BRUCELLOSIS, TUBERCULOSIS AND LEUCOSIS IN CATTLE [ S.L.437.86 7 (
2. b)The farmer shall own a licensed cattle farm which was ‘approved’ or ‘conditionally approved’ by the department responsible for Veterinary Services in its most recent inspections, at the time of slaughter; (
3. c)The farmer shall allow free access to VRFCC personnel to his / her farm holding for blood sampling and disease testing; (
4. d)The farmer shall follow, to the best of his abilities, all advice given by the MRRA or VRFCC regarding management of EBL and EBL-infected cattle; (
5. e)The farmer shall have a good record of conduct with the VRFCC as far back as September 2007; having never, in this period, attempted to disrupt or impede the disease surveillance and control activities of the VRFCC; (
6. f)The farmer shall obey the following rules below regarding the control of movement of animals: Rules regarding the Control of Movement of Animals (
7. a)Outward movements from D farms found free of EBL (EBL –
8. ve)will be allowed. (
9. b)Inward movement of animals to EBL –ve D farms will not be allowed unless incoming animals are from EBL –ve farms. (
10. c)No movement of male animals will be allowed from R farms to D farms irrespective of disease status. (
11. d)No movements, inward or outward, will be allowed from any cattle farm found to harbour EBL (EBL +
12. ve)except in the case of movement of male animals from EBL +ve D farms to R farms of either status, on the condition that no female animals are present on the R farm. 2. Status required of Animals for Farmers to be Eligible for Compensation In order for a farmer to be eligible for compensation under this scheme, all the following conditions regarding the status of the animal for which compensation is claimed shall be satisfied: (
13. a)At the time of slaughter the animal shall have been a female or a breeding male from a farm which was licensed as a D farm, or a female animal from a farm which was licensed as an R farm. (
14. b)At the time of slaughter the animal shall have come from a farm which was ‘approved’ or ‘conditionally approved’ for hygiene standards by the VRFCC in its most recent inspections. (
15. c)The animal shall be slaughtered at the national abattoir before the end of December 2012. (
16. d)The animal shall be traceable back to birth on the national livestock database. (
17. e)The animal shall fit into one of the following categories: Category A Animals: Animals selected specifically for slaughter by the VRFCC based on testing of samples taken between 1st September 2007 and 1st March 2009 and delivered to the abattoir for slaughter as and when instructed by the VRFCC, between 1st October 2008 and 31st December 2012. Category A1: Animals found EBL +ve based on testing of samples taken between 1st September 2007 and 1st March 2009, which were older than 1 year when 8 [ S.L.437.86 MEASURES FOR THE ERADICATION OF BRUCELLOSIS, TUBERCULOSIS AND LEUCOSIS IN CATTLE sampled in this period. Category A2: The proven offspring of the abovementioned animals which were aged less than 1 year when sampled between September 2007 and 1st March 2009. Category B Animals: Animals selected specifically for slaughter by the VRFCC based on testing of samples taken between 1st September 2007 and 1st March 2009 and delivered to the abattoir for slaughter as and when instructed by the VRFCC, between 1st October 2008 and 31st December 2012. Category B1: Non-infected ‘cohort’ animals from farms found to have farm infection rates above 80% based on testing of samples taken between September 2007 and 1st March 2009. Category B2: Dubitably infected ‘cohort’ animals less than 1 year of age at the time of sampling which may have been born of infected cows or may have suckled colostrum or milk from infected cows. Category B3: Animals infected after ‘initial sampling’ which are found EBL +ve in tests performed on samples taken subsequent to ‘initial sampling’ but within the period of 1st September 2007 to 31st December 2010, limited to 10% of the total cow population on that farm at the time of ‘initial sampling’. Category C Animals: Animals classified as eligible for compensation based on testing of samples taken between 1st September 2007 and 1st March 2009 which are delivered to the abattoir for slaughter for the farmer’s own reasons and on a date of the farmer’s choosing, between 1st October 2008 and 31st December 2012. Category C1: Animals found EBL +ve based on testing of samples taken between 1st September 2007 and 1st March 2009, which were older than 1 year when sampled in this period. Category C2: The proven offspring of the abovementioned animals which were aged less than 1 year when sampled between 1st September 2007 and 1st March 2009. Category C3: Animals infected after ‘initial sampling’ which are found EBL +ve in tests performed on samples taken subsequent to ‘initial sampling’ but within the period of 1st September 2007 to 31st December 2010, limited to 10% of the total cow population on that farm at the time of ‘initial sampling’. Category D Animals: Animals from farms classified as EBL +ve based on testing of samples taken between 1st September 2007 and 1st March 2009 which are delivered to the abattoir for slaughter for the farmer’s own reasons and on a date of the farmer’s choosing, between 1st October 2008 and 31st December 2012. Category D1: Non-infected ‘cohort’ animals from farms found to have farm infection rates above 80% based on testing of samples taken between 1st September 2007 and 1st March 2009. Category E Animals: Animals classified as dubitably eligible for compensation. Eligibility for compensation will be decided by the ad hoc EBL Compensation Committee, hereinafter referred to as ‘the Committee’. Category E1: Animals selected specifically for slaughter by the VRFCC based on MEASURES FOR THE ERADICATION OF BRUCELLOSIS, TUBERCULOSIS AND LEUCOSIS IN CATTLE [ S.L.437.86 9 testing of samples collected between 1st June 2007 and 1st September 2007. Category E2: Animals selected specifically for slaughter by the VRFCC based on testing of samples collected after 1st March 2009 in the case that ‘initial sampling’ was carried out after this date. Category E3: Animals selected specifically for slaughter by the VRFCC based on testing of samples taken between 1st September 2007 and 1st March 2009 and delivered to the abattoir for slaughter as and when instructed by the VRFCC, before 1st October 2008. Category E4: Animals selected specifically for slaughter by the VRFCC based on testing of samples taken between 1st September 2007 and 1st March 2009 and delivered to the abattoir for slaughter as and when instructed by the VRFCC, after 31st December 2012. C. Procedure for Controlling Slaughter and Compensation 1. Blood sampling and testing performed on individual animals over 2 years of age on farms of unknown disease status and all individual animals over 1 year of age on farms known to harbour EBL. 2. Meetings held with individual farmers and their Herd Book reviewed to determine which animals under one year of age should be suspected as EBL-infected and recommended for slaughter. 3. The farmer shall be informed of changes or improvements which must take place on his / her farm before compensation will be paid. 4. At least one week prior to the date of slaughter, farmers will be given a list of animals specified by ear tag number to bring to the abattoir, and a date on which to bring them. Abattoir officials will also be provided with this same list at least one week prior to the date of slaughter. 5. On arrival at the abattoir, abattoir officials shall ensure that all the listed animals have been brought and that no more unlisted animals have been brought than can be slaughtered that day. 6. Should a greater number of unlisted animals be brought by a farmer than is possible to slaughter that day, listed animals will be given priority while unlisted animals may be kept in lairage at the farmer’s expense until the next slaughter day. 7. Farmers shall submit a request for compensation, giving details of animal identity registration, age and date of slaughter. It will be ascertained from abattoir records whether listed animals have been duly slaughtered as claimed. 8. The farmer shall be informed in writing regarding compensation to which he is entitled. This will be in the form of an itemized list showing compensation owed per animal slaughtered according to categorization under this scheme. 9. The farm shall be inspected to ascertain that the changes or improvements to the farm holding recommended following the previous VRFCC inspection have been duly made, ensuring an acceptable level of bio-security. 10. Compensation payments are made. D. Calculation of Compensation Age Category Market Price

(2008)Category A 60% MP (X) Category B X – 20 % Category C Category D X – 40 % Zero Category E Case Dependant [ S.L.437.86 10 MEASURES FOR THE ERADICATION OF BRUCELLOSIS, TUBERCULOSIS AND LEUCOSIS IN CATTLE > 24 month € 2096.44 € 1258 € 1006 € 755 €0 € 1258 – 755 12 - 23 month € 931.75 € 559 € 447 € 335 €0 € 559 – 335 4 - 12 month € 465.87 € 279 € 223 € 167 €0 € 279 – 167 0-3 month € 232.94 € 140 € 112 € 84 €0 € 140 - 84 Costs Related to Slaughter to be Deducted from Compensation If animals are deemed eligible for compensation under the EBL compensation scheme, then costs related to the slaughter and de-boning of carcasses will be subtracted from the amount of compensation due to the owner of the animals. Slaughter costs will be subtracted for each animal, based on their carcass weight at slaughter. De-boning costs will be subtracted for each animal over one year of age when slaughtered. Costs for disease-testing will be taken from slaughter costs for each animal over thirty months of age when slaughtered. The funds will be transferred to the accounts of the respective sections which covered the costs initially. Procedure Slaughter Disease Testing Deboning Animal Requiring Procedure All; Compulsory Animals > 30 month; Compulsory Animals > 12 month; Compulsory Cost Recipient Account € 0.20 / kg dead weight minus € 14 € 14 / head National Abattoir National Veterinary Laboratory € 40 / head National Abattoir / Malta Beef E. Penalties to be Deducted from Compensation for Disruption of MRRA or VRFCC Activities Although animals may fall into one of the categories eligible for compensation, overall compensation will be reduced should the farmer be found guilty of actions which may disrupt the activities of the VRFCC. Cases shall be reviewed by the EBL Compensation Committee and judged based on their own individual circumstances. Penalties are deducted from the total amount of compensation to be granted to the farmer. The table below explains the percentage of compensation to be deducted from the total amount of compensation due to a farmer for each individual infringement. Such penalties are cumulative with additional or repetitive infringements by different owners of the same farm holding. Code M1 Infringement Penalty Cancellation of sampling appointments without valid reason(s) following written warning. 15 % reduction in total compensation. M2 Unlicensed transfer of an animal. 25 % reduction in total compensation. M3 Tampering with ear tags. 25 % reduction in total compensation. M4 Purposeful infection of an animal. 100 % reduction in total compensation. MEASURES FOR THE ERADICATION OF BRUCELLOSIS, TUBERCULOSIS AND LEUCOSIS IN CATTLE [ S.L.437.86 11 Template of Table of Calculation of Compensation Owed on a Per Animal Basis Animal Age Slaughter ID Weight (Kg) Compensation Category (A – E) Initial Subtrac- Subtrac- Subtrac- SubtracFinal Compen- ted for ted for ted for ted for Compensation Slaughte Disease Deboning Misdemea- sation Owed (€) r (€) Testing (€) nors (%) Owed (€) (€)