Cap. 437 · Veterinary Services Act (Cap. 437)
Cap. 437 Art. 18Financial measures.
PART I
(1) The financial measures which are to be taken for the purpose of the eradication of diseases shall consist of -
(a) financial contributions and compensatory measures within the framework of an emergency, as declared by order of the Minister; and
(b) financial contributions in connection with national schemes for the eradication of particular diseases.
(2) In the event of an outbreak of any of the diseases listed in the Fifth Schedule, the veterinary services shall define protection zones and the owners of animals shall receive such State financial contribution from the veterinary services for the eradication of the disease, as the Minister may from time to time establish, subject to the condition that the measures applied consist of, at least, the isolation of the holding from the time of a suspicion of the presence of the disease and following official confirmation of the disease, and -
(a) the veterinary services demand the slaughter of animals of susceptible species which have been affected or contaminated or suspected of having been affected or contaminated, and their destruction, and, in the case of avian plague, the destruction of the eggs;
(b) the veterinary services demand the destruction of contaminated feeding stuffs and contaminated equipment, in the case where the contaminated items cannot be disinfected in accordance with paragraph (c); and
(c) the veterinary services demand the cleaning, disinsectisation and disinfection of the holdings and of the equipment on the holdings.
(3) The owners of animals shall be entitled to receive a State financial contribution only if the measures defined by the veterinary services to prevent the risk of the spread of infection are respected, and where the waiting period established by the veterinary services to be observed after the slaughter and before the re-stocking of the holding is complied with.
(4) Without prejudice to any market support measures that may be taken, the State financial contribution may, if appropriate, be divided into tranches; the contribution, which must be adequate and given without delay, may be in the form of -
(a) the reimbursement of the costs incurred by the owners in the slaughter, destruction of animals and, where appropriate, their products, for the cleaning, disinsectisation and disinfection of holdings and equipment, and for the destruction of the contaminated feeding stuffs and contaminated equipment referred to in subarticle (2)(b); or
(b) where the veterinary services have ordered that animals, or certain types or species of animals, are to be vaccinated, the supply of the vaccine and the administration of the vaccination by the veterinary services shall be carried out free of charge.
(5) Subject to the provisions of subarticle (6), the provisions of subarticles (2), (3) and (4) shall apply, notwithstanding the existence of any eradication programme, in accordance with the provisions of article 19, in respect of the disease.
(6) In the event of an outbreak of Newcastle disease in Malta, the provisions of subarticles (2) and (3) shall apply: Provided that the Minister may authorise, under certain conditions and for a limited period and within a limited area, the recourse to vaccination, but, in such case, no State financial contribution shall be granted for the supply of the vaccine or for the administration of the vaccination.
(7) The Minister may apply the provisions of subarticles (3) and (4), with the exception of the provisions of subarticle (4)(b), to a zoonosis.
(8) The Minister may by regulations add to the list of diseases listed in the Fifth Schedule any disease which is likely to constitute a danger to public or animal health in Malta.
(9) For the purposes of this article -
''protection zone'' means any area as may be officially declared by the Minister, being an area based on a minimum radius of three kilometres and a surveillance zone based on a minimum radius of ten kilometres, taking into account natural boundaries, wherein the presence of a notifiable disease has been diagnosed, and wherein measures shall be taken, in accordance with the provisions of this Act, for the control and the eradication of the disease; and ''market support measures'' means such measures as may be permitted, in agreement with trading partners, to be taken to support market prices in the case of the outbreak of any of the diseases listed in the Fifth Schedule.