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Veterinary Services Act (Act Xxiii Of 2001) Criteria For The Approval Or Recognition Of Organisations And Associations Which Maintain Or Establish Stud-Books For Registered Equidae Regulations, 2003 (L.N. 329 Of 2003 )

VETERINARY SERVICES ACT, 2001 (ACT NO. XXIII OF 2001)Criteria for the approval or Recognition of Organisations and Associations which maintain or establish Stud-Books for Registered Equidae Regulations, 2003

IN exercise of the powers conferred by article 34(d) of the Veterinary Services Act, 2001, the
Minister for Rural Affairs and the Environment has made the following regulations:-

(2) The scope of these regulations is to implement the provisions found under European Commission Decision 92/353/EEC laying down the criteria for the approval or recognition of organisations and associations which maintain or establish stud-books for registered equidae. This Decision finds a legal basis under European Union Council Directive
90/427/EEC, article 4(2)(a).

(2) However, where one or more officially approved or recognised organisations or associations already exist in respect of a given breed, the authorities may refuse to recognise a new organisation or association -
(a) if it endangers the preservation of the breed or jeopardises the operation or the improvement or selection programme of an existing organisation or association, or
(b) if equidae of that breed may be entered or registered in a specific section of a stud-book maintained by an organisation or association which applies in particular for that section the principles laid down in accordance with paragraph 3 (b) of the Schedule therin by the organisation or association which maintains the stud-book of the origin of that breed.
(3) The concerned authorities shall inform the European Commission of any official approval or recognition granted, as well as contested refusals.
(4) Where an organisation or association is refused official approval or recognition, the reasons for the refusal must be communicated in writing to the association or organisation.

In order to be officially approved or recognised, an organisation or association which maintains stud-books, establishes sections of stud-books, and establishes stud-books for registered equidae must:

1. have legal personality in accordance with the legislation in force in the territory of Malta or in the Member

State where the application is made;

2. satisfy the competent authorities that it: (a) operates efficiently;

(b) complies with the principles laid down in accordance with paragraph 3 (b) of the Schedule by the organisation or association which maintains the stud-book of the origin of the breed, if it is not an organisation or association which itself maintains that stud-book of the origin of the breed;

(c) can carry out the checks necessary for recording pedigrees;

(d) has a sufficient number of equidae to carry out an improvement or selection programme or to preserve the breed where this is considered necessary;

(e) can provide the data (on performance for instance) necessary to carry out an improvement, selection or preservation programme;

3. have established principles on:

(a) the system for providing data (on performance for instance) whereby equidae can be evaluated for the purpose of improvement, selection and breed preservation;

(b) in the case of an organisation or association which maintains a stud-book of the origin of the breed:

-the system for recording pedigrees,

-the definition of the characteristics of the breed (or breeds) or the population covered by the stud-book,

-the principles of the system for identifying equidae,

-the definition of its basic objectives of selection,

-the division of the stud-book, if there are different conditions for entering equidae, or if there are different procedures for classifying equidae entered in the book,

-lineages entered in one or more other stud-books, where necessary;

4. Have rules of procedure which provide, in particular, for non-discriminatory treatment of breeders. However, in the event that for one breed in the territory of the Member States there are several organisations or associations which between them cover the whole of that territory, the rules of procedure of an organisation or association may provide that equidae must be born in a given territory to qualify for entry for birth declaration purposes. This restriction does not apply to entry for reproduction purposes.