Measures for the Eradication of Brucellosis, Tuberculosis and Leucosis in Cattle Rules, 2005 (L.N. 314 of 2005)

B 4545 L.N. 314 of 2005 VETERINARY SERVICES ACT (CAP. 437) M easures for the Eradication of Brucellosis, Tuberculosis and Leucosis in Cattle Rules, 2005 IN exercise of the pow ers conferred by article 5(1) of the V eterinary Services A ct, the M inister for R ural A ffairs and the Environm ent has m ade the follow ing rules> 1. (1) The title of these rules is M easures for the Eradication of Brucellosis, Tubercolosis and Leucosis in C attle R ules, 2005. (2) The scope of these rules is to im plem ent the rules contained in the European U nion C ouncil D irective 77#391#EEC concerning the introduction of C om m unity m easures for the eradication of brucellosis, tuberculosis and leucosis in cattle. (3) These rules lay dow n rules to im prove the state of health of cattle in M alta to accelerate or intensify the eradication of brucellosis and tuberculosis and to eradicate leucosis. 2. For the purpose of these rules, and unless the context otherw ise requires – “the C om m ission” m eans the European C om m ission of the C om m unity< “the C om m ittee” m eans the Standing V eterinary C om m ittee< “the C om m unity” m eans the European C om m unity as established under the Treaty establishing the European C om m unity< “the com petent authority” m eans the V eterinary Services w ithin M alta as provided under article 2 of the V eterinary Services A ct< “the C ouncil” m eans the C ouncil of M inisters of the C om m unity< “the Fund” m eans the European A gricultural G uidance and G uarantee Fund< Title, scope and applicability. D efinitions. B 4546 “the Treaty” means the Treaty establishing the European 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) of this rule. (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 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 (a) the percentage and total number of herds subject to control measures, and of herds with confirmed bovine brucellosis< (b) the total numbers (i) of animals subject to control measures< (ii) of animals with suspected brucellosis or considered to be infected< (iii) of infected animals< (iv) of animals slaughtered< (c) the scheduled duration of the initial eradication programmes and of the accelerated plans< (d) the method applied for checking on the effective application of the accelerated plans< Plans for accelerating the eradication of bovine brucellosis. B 4547 (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), (b) and (e) hereof shall be provided for the three years preceding the application of the acceleration measures, and annually thereafter. (4) W hen 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. 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) of this rule. (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 accordance with Community 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 (a) the percentages and total numbers of herds subject to control measures, and of herds with confirmed bovine tuberculosis< (b) the total numbers (i) of animals subject to control measures< (ii) of animals with suspected tuberculosis or considered to be infected< (iii) of infected animals< (iv) of animals slaughtered< Plans for accelerating the eradication of bovine tuberculosis. B 4548 (c) the scheduled duration of the initial eradication programmes and of the accelerated plans< (d) the methods applied for checking on the effective application of the accelerated plans< (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), (b) and (e) hereof, 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. (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. 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. Plans for accelerating the eradication of enzootic leucosis among cattle. Expenditure by competent authority. B 4549 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. 8. (1) The competent authority shall forward to the Commission the plans provided for (a) in rules 3 and 4 and the information required under rule 3 (3)(c) and (d) and rule 4 (3)(c) and (d) prior to their implementation, not later than three months after the entry into effect of these rules, and annually thereafter< (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 sub rule (1) hereof 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< (b) submit a draft Decision to the Standing Veterinary Committee within two months following the receipt of any such plans< (c) issue its opinion in accordance with the procedure laid down in rule 10, within a time limit set by the chairman< (d) consult the Fund Committee on the financial aspects. 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) hereof, the rules governing the appointment of official veterinarians and the procedure which they must follow when Application for payment. Plans to be forwarded to Commission by the competent authority. Community controls. B 4550 drawing up their report, shall be laid down 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 (a) the representative of the Commission shall submit to the Committee a draft of the measures to be taken< (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< (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 (a) are in accordance with the opinion of the Committee, the Commission shall adopt them and shall apply them immediately< (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. 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 Prezz 24ç – Price 24c