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Veterinary Services Act (Cap. 437) Identification And Registration Of Bovine Animals (Levels Of Controls) Rules 2005 (L.N. 68 Of 2005 )

VETERINARY SERVICES ACT (CAP. 437)
Identification and Registration of Bovine Animals
(Levels of Controls) Rules 2005
IN exercise of the powers conferred by article 10(b) of the Veterinary Services Act, the Minister for Rural Affairs and the Environment has made the following Rules>-

Title and scope.

Definitions.

Controls for the system of identification and registration.

On-spot inspections.

1. (1) Identification and Registration of Bovine Animals (Levels of Controls) Rules 2005.
(2) The scope of these rules is to implement the rules laid down by the European Union Council Regulation 1082#2003 (EC)
2. For the purposes of these rules, “the competent authority” means the Veterinary Services as established by article 2 of the Veterinary Services Act.
3. 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 7.
4. (1) The competent authority shall carry out on-the-spot inspections, which may be carried out in conjunction with any other inspections provided for by Community legislation. Those inspections shall each year cover at least 10% of holdings situated in Malta. That minimum rate of control shall be increased immediately where it is established that Community legislation regarding identification has not been complied with.
(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>
(a) the number of animals on the holding, including details of all the animals present and animals identified on the holding<
(b) public and animal health considerations, and in particular the existence of previous outbreaks of disease<
(c) the amount of annual bovine premium claimed and, or paid to the holding, compared with the amount paid the previous year<
(d) significant changes in comparison with situations in previous years<
(e) results of checks conducted in earlier years, in particular> (i) the proper keeping of the holding register, as
provided for by Commission Regulation (EC) No 2629#97<
(ii) the proper keeping of passports of the animals present in the holding, as provided for by Regulation (EC) No 2629#97<
(f) proper communication of the data to the competent authority<
(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.
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
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Animals covered by the control.

B 710

Regulations governing on-spot inspections.

Applicability of European Union Council Regulation (EC) No 2630#97.

a period of 48 hours, the competent authority may provide for a sampling system provided that a reliable level of control is ensured.
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 48 hours.
(2) Malta shall make an annual report to the Commission, before 31 August each year, giving details of the following>
(a) the number of holdings in the Member State concerned< (b) the number of inspections made pursuant to rule 4<
(c) the number of animals which have been inspected< (d) any breach found<
(e) any sanction imposed in accordance with Article 22 of
Regulation (EC) No 1760#2000.
(2) The information referred to in sub-regulation (1) hereof shall be transmitted to the Commission following the model structure presented in Schedule 1.
7. 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 2.
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Ippubblikat mid-Dipartiment ta’ l-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

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