S.L. 437.98 Art. 2Interpretation. 2 [ Cap. 437. 3 S.L. 439.08 S.L. 439.13 4 [ 5 Cap. 379.

Unless otherwise provided in these Rules, the following definitions shall apply and the definitions, other than those of

*These rules have been repealed by Legal Notice 77 of 2025. S.L.437.98 LAID DOWN IN SPECIFIC COMMUNITY ACTS approved centres and bodies, contained in any other law or rule governing trade shall apply, unless they are mutatis mutandis inconsistent with these rules: "Act" means the Veterinary Services Act;

"animals" means specimens of animal species other than those animals referred to in other Community law, in Directives 64/432/ EEC, 90/426/EEC, 90/539/EEC, 91/67/EEC, 91/68/EEC, 91/492/ EEC and 91/493/EEC, which mean -

(a) Ungulates:

(i) bovine animals including specimens of the species Bubalis bubalis;

(ii) swine (with the exception of feral pigs);

(iii) equidae including all wild or domesticated animals of the equine (including zebras) or asinine species or the offspring of crossings of those species;

(iv) ovine or caprine animals;

(b) poultry including:

(i) fowl, turkeys, guinea fowl, ducks, geese, quails, pigeons, pheasants, partridges and ratites (Ratitae) reared or kept in captivity for breeding, the production of meat or eggs for consumption, or for re-stocking supplies of game;

(ii) hatching eggs meaning eggs for incubation, laid by poultry; and

(iii) ‘day-old chicks’ of all poultry which are less than 72 hours old, not yet fed; however, muscovy ducks (Cairina or their crosses may be fed; moschata)

(c) imported aquaculture animals and products thereof including consignments in transit;

(d) ‘bivalve molluscs’ which means filter-feeding lamellibranch molluscs;

(e) animals as defined in Regulation (EU) No 576/2013 of the European Parliament and of the Council. The term ‘animals’, shall not apply to:

(a) ornamental aquatic animals reared in non-commercial aquaria;

(b) wild aquatic animals harvested or caught for direct entry into the food chain;

(c) aquatic animals caught for the purpose of production of fishmeal, fish feed, fish oil and similar products. The term ‘animals’ applies to all animals listed in Schedule H, Parts A and B, as well as all other animals not excluded by the previous paragraphs;

"approved body, institute or centre" means any permanent, geographically limited establishment, approved in accordance with S.L.437.98 LAID DOWN IN SPECIFIC COMMUNITY ACTS [ rule 13, where one or more species of animal are habitually kept or bred, whether or not for commercial ends, and exclusively for one or more of the following purposes:

- display of the animals and education of the public holding a zoo licence in terms of the Keeping of Wild

Animals in Zoos Regulations; - conservation of the species; - basic or applied scientific research or breeding of animals for the purposes of such research holding an authorisation or licence in terms of the Protection of Animals for Scientific Purposes Regulations;

"aquaculture products" means all fishery products born and raised in controlled conditions until placed on the market as a foodstuff:

However seawater or freshwater fish or crustaceans caught in their natural environment when juvenile and kept until they reach the desired commercial size for human consumption are also considered to be aquaculture products. Fish and crustaceans of commercial size caught in their natural environment and kept alive to be sold at a later date are not considered to be aquaculture products if they are merely kept alive without any attempt being made to increase their size or weight;

"authorisation" means any authorisation granted under these rules and in relation to authorised providers and services means a permit, licence, warrant, appointment, concession or any decision concerning access to a service activity or the exercise thereof; "authorised provider" means and includes any person who is a trader or importer in terms of these rules and who is in possession of an authorisation issued in his favour by the Department of Trade to import and trade in animals and products of animal origin subject to trade from a Member State or third country to Malta; "commercial document" means a document that may or may not have tax value, which contains specific reference to the consignment together with means of identification of the consignment, which may accompany the consignment and it shall be used by the competent authorities together or not with the veterinary documentation, in order to carry out either a documentary or an identity check of the consignment, or both; "the Community" means the Community of the European Union;

"competent authority" means the Veterinary Services in Malta, as referred to in the Act;

"final consumer" means any natural or legal person purchasing animals and animal products subject to trade for his own use and not for resale or transfer purposes; "fishery products" means all seawater or freshwater animals or parts thereof, including their roes, excluding aquatic mammals, frogs and aquatic animals covered by Community acts, other than Directive 92/65/EEC; S.L.437.98 LAID DOWN IN SPECIFIC COMMUNITY ACTS "health certificate" means a certificate issued by the competent authority of the country of origin or despatch as an appropriate means of guaranteeing and monitoring compliance as regards animals and products of animal origin subject to trade with animal health requirements and any other requirements contained in these rules; "importer" means a person who, in terms of an authorisation issued in his favour by the Department of Trade, is authorised to import in Malta animals and products of animal origin transported from any third country or other Member State in terms of these rules;

"Member State" means a State which is a member of the European Union;

"monitoring programme" means a control or monitoring programme drawn up by the competent authority for the purpose of keeping of records of animals and products of animal of origin subject to trade with regard to the outbreak of notifiable diseases and of diseases referred to in Schedule B;

"notifiable diseases" means the diseases listed in Schedule A; "official veterinarian" means a veterinarian of the approved body, institute or centre of origin appointed and approved by the competent authority who, for the purpose of these rules, shall be responsible to guarantee the animals’ health;

"overriding reasons relating to public interest" means reasons recognised as such in case law of the European Courts of Justice and which reasons present a justification for the issue of an authorisation and, or the issue of a condition thereto and, or to any other policy decision taken in terms of such authorisation, when such authorisation, and, or condition and, or policy decision thereto could not have been issued or taken under normal circumstances but for such overriding reasons relating to public interest which include the following grounds:

(a) public policy, public security, public safety and public health, provided that these grounds shall be interpreted within the meaning of Article 46 and Article 55 of the Treaty;

(b) the maintenance of order in society;

(c) social policy objectives;

(d) the protection of the recipients of services;

(e) consumer protection;

(f) the prevention of fraud;

(g) the protection of the environment; "placing on the market" shall have the same meaning provided for in the Act and the same meaning given to trade in these rules; "recipient" means any natural person who is a national of a Member State, who benefits from rights conferred upon him by community acts or any legal person established in a Member State, who for professional or non-professional purposes, uses, or wishes to use, a service against non-economic considerations; S.L.437.98 LAID DOWN IN SPECIFIC COMMUNITY ACTS [ "registered dealer" means an importer, exporter, person responsible for the load, brokers, middlemen and any legal person or entity involved in trade;

"service activity" means any self-employed activity performed for economic considerations;

"third country" means a country which is not a member of the European Community;

"trade" shall have the meaning as defined by Article 9(2) of the Treaty as well as any transfer, movement or exchange between holdings or sites and, or all classes of natural and legal persons whether profitable or not; "the Treaty" means the treaty as established by the European Community; "undertaking" shall have the same meaning as provided for under the Competition Act; and "veterinary checks" means any physical check and, or administrative formality, verification, control, monitoring, organisation of checks and any follow-up thereto with regard to animals and products of animal origin made by official veterinarians, and which shall apply in particular, to checks at the point of origin and checks carried out on arrival by the Member State of destination to guarantee animals’ health and to safeguard measures to be implemented in this regard, in order to ensure conformity with animal health requirements governing trade and which are intended for the protection, direct or otherwise, of public and, or animal health. CHAPTER II

Provisions applicable to trade