S.L. 437.93 Art. 34Derogations.

(1) Malta shall define the detailed arrangements under which they may grant derogations provided for in rules 17 and 24 to 28, including alternative appropriate measures and conditions. Such derogations shall be based on a risk assessment carried out by the competent authority.

(2) The competent authority may, based on a risk assessment, grant derogations from the measures provided in Sections 3 and 4 in cases of confirmation of HPAI in a hatchery.

(3) The competent authority may grant derogations from the measures provided for in rule 19(b) and (c), rule 23, and in rule 31(b), (c) and (f), in cases of an outbreak of HPAI in a non-commercial holding, a circus, a zoo, a wild life park, a fenced area where poultry or other captive birds are kept for scientific purposes or purposes related to the conservation of endangered species or officially registered rare breeds of poultry or other captive birds.

(4) By way of derogation from Sections 3 and 4, in cases of outbreaks of HPAI Malta may, based on a risk assessment, introduce specific measures on movements of racing pigeons into, from and within the protection and surveillance zones.

(5) The derogations provided for in sub-rules (1) to (4) shall only be granted provided that such derogations do not endanger disease control.

(6) Malta granting derogations provided for in sub-rules (1) to

(4) shall immediately inform the Commission thereof.

(7) The Commission shall in all cases review the situation with Malta and in the Committee as soon as possible. Taking account of any derogation granted, as provided for in sub-rules (1) to (4), measures to prevent the spread of avian influenza may be adopted in accordance with the procedure referred to in rule 65(3).

(8) Any poultry (including day-old-chicks), other captive birds, hatching eggs, used litter, manure or slurry which come from a holding that has been granted a derogation under this rule, cannot be marketed outside Malta unless otherwise decided in accordance with the procedure referred in rule 65(3).