S.L. 439.17 Art. 4Obligations and responsibilities.

(1) (a) An official veterinarian or private veterinarian called during an emergency shall be obliged to determine the level of pain and, or suffering of the animal after which the official veterinarian or private veterinarian may take the decision to euthanize the animal in order to relieve if from that condition. If the animal is not in any of the conditions referred to in regulation 3 and can be moved from the spot, the official veterinarian or private veterinarian may issue the necessary instructions to move the animal to a safer place to carry out treatment.

(b) Emergency euthanasia shall be carried out under the responsibility of the official veterinarian or private veterinarian without causing the animal unnecessary pain, suffering or distress.

(c) The official veterinarian or private veterinarian shall carry out euthanasia in accordance with standard veterinary practices and take all appropriate actions to safeguard the welfare of animal(s) in the best available conditions and circumstances.

(d) In the event that an animal is not under control and is dangerous to the public, the official veterinarian or private veterinarian may, in consultation with the police, arrange for a marksman or an officer experienced in the use of firearms to put down the animal with a free projectile from a standard firearm.

(e) The official veterinarian or private veterinarian carrying out euthanasia shall make sure that the animal is clinically dead before the body is disposed of.

(f) Disposal of the carcass shall be at the expense and the responsibility of the owner. The provisions of Council Regulation (EC) No 1099/2009 of 24 September 2009 on the protection of animals at the time of killing shall apply with regard to such disposal.

(2) The decision to euthanise an animal by the official veterinarian shall be final and in no circumstance shall the Ministry concerned, the Director, or the official veterinarian be held responsible for any loss by the owner of the animal euthanised by the official veterinarian.

(3) Whenever both the official veterinarian and the private veterinarian arrive on the scene of the emergency at the same time, the private veterinarian shall take over the care and welfare of the animal.