S.L. 437.42 Art. 13Measures following confirmationofthe presence of a TSE. Cap. 437.

(1) When the presence of a TSE has been officially confirmed, the following measures shall be applied as soon as possible:

(a) all parts of the body of the animal shall be completely destroyed in accordance with Schedule V apart from material retained for records in accordance with Schedule III, Chapter B, III, 2;

(b) an inquiry shall be carried out to identify all animals at risk in accordance with Schedule VII, point 1;

(c) all animals and products of animal origin referred to in Schedule VII, point 2, that have been identified as being at risk by the inquiry referred to in paragraph (b), shall be killed and completely destroyed in accordance with Schedule V, points 3 and 4. By way of derogation from this subregulation, the territory of Malta may apply other measures offering an equivalent level of protection if those measures have been approved in accordance with the procedure referred to in regulation 24(2).

(2) Pending the implementation of the measures referred to in subregulation (1)(b) and (c), the holding on which the animal was present when the presence of a TSE was confirmed shall be placed under official control and all movement of animals susceptible to TSEs and products of animal origin derived from them from or to the holding shall be subject to authorisation by the Veterinary Services, with a view to ensuring immediate tracing and identification of the animals and products of animal origin concerned. If there is evidence that the holding where the affected animal was present when the TSE was confirmed is not likely to be the holding where the animal was exposed to the TSE, the Veterinary Services may decide that both holdings or only the holding of exposure shall be placed under official control.

(3) In the case where the territory of Malta would decide to implement a substitute scheme offering equivalent safeguards provided for in the fifth paragraph of regulation 12(1) may, by way of derogation from the requirements of subregulation (1)(b) and (c), be exempted in accordance with the procedure referred to in regulation 24(2) from the requirement to apply official restrictions on the movement of animals and from the requirement to kill and destroy animals.

(4) Owners shall be compensated without delay for the loss of the animals that have been killed or products of animal origin destroyed in accordance with subregulation (1)(a) and (c) and in accordance with regulation 12(2).

(5) Without prejudice to European Union Council Directive 82/ 894/EEC, the confirmed presence of any TSE other than BSE shall be notified to the European Commission on an annual basis.

(6) Rules for the implementation of this regulation shall be adopted in accordance with the procedure referred to in regulation 24(2). Moreover the provisions of article 4 of the Veterinary Services Act shall apply.