Regulation (EU) No 576/2013 of the European Parliament and of the CouncilDangos y teitl llawn

Regulation (EU) No 576/2013 of the European Parliament and of the Council of 12 June 2013 on the non-commercial movement of pet animals and repealing Regulation (EC) No 998/2003 (Text with EEA relevance)

CHAPTER VIU.K. COMMON PROVISIONS

SECTION 1U.K.Derogation for the non-commercial movement of pet animals into [F1Great Britain]

Article 32U.K.Derogation from the conditions of Articles F2... 10 and 14

1.By way of derogation from the conditions provided for in Articles F3... 10 and 14, [F4the appropriate authority] may, in exceptional situations, authorise the non-commercial movement into [F5the relevant constituent territory] of pet animals which do not comply with the conditions laid down in those Articles provided that:

(a)a prior application for a permit has been made by the owner and the [F6appropriate authority] has granted such a permit;

(b)the pet animals are isolated under official supervision for the time necessary for them to fulfil those conditions and not exceeding six months:

(i)

at a place approved by the competent authority; and

(ii)

in accordance with the arrangements set out in the permit.

2.The permit referred to in point (a) of paragraph 1 may include an authorisation for transiting through another [F7constituent territory] provided that the [F8appropriate authority for the constituent territory] of transit has given its prior agreement to the [F8appropriate authority for the constituent territory] of destination.

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SECTION 2 U.K. General conditions regarding compliance

Article 33U.K.Documentary and identity checks to be carried out in respect of non-commercial movement of pet animals into [F9Great Britain from a third country listed in Part 1 of Annex 2 to the Commission Implementing Regulation or pursuant to Article 15]

1.[F10In] order to verify compliance with [F11Chapter III, the appropriate authority] shall carry out documentary and identity checks in a non-discriminatory way on pet animals that are subject to non-commercial movement into [F12the relevant constituent territory from] a third country listed [F13in Part 1 of Annex 2 to the Commission Implementing Regulation or] pursuant to F14..., where applicable, Article 15.

2.At the time of any non-commercial movement into [F15Great Britain from] a third country listed [F16in Part 1 of Annex 2 to the Commission Implementing Regulation or] pursuant to F17..., where applicable, Article 15, the owner or the authorised person shall, at the request of the competent authority responsible for the checks provided for in paragraph 1 of this Article:

(a)present the identification document of the pet animal required under this Regulation which demonstrates compliance with the requirements for such movement; and

(b)make the pet animal available for those checks.

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Article 34U.K.Documentary and identity checks to be carried out in respect of non-commercial movement from F18... a third country other than those listed [F19in Part 1 of Annex 2 to the Commission Implementing Regulation or pursuant to Article 15]

1.In order to verify compliance with Chapter III, the competent authority F20... shall carry out documentary and identity checks at the travellers’ point of entry on pet animals that are subject to non-commercial movement into [F21Great Britain from] a third country other than those listed [F22in Part 1 of Annex 2 to the Commission Implementing Regulation or] pursuant to F23..., where applicable, Article 15.

2.The owner or the authorised person shall, at the time of entry into [F24Great Britain from] a third country other than those listed [F25in Part 1 of Annex 2 to the Commission Implementing Regulation or] pursuant to F26..., where applicable, Article 15, contact the competent authority present at the point of entry for the purpose of the checks referred to in paragraph 1 and shall:

(a)present the identification document of the pet animal required under this Regulation which demonstrates compliance with the requirements for such movement; and

(b)make the pet animal available for those checks.

3.[F27The competent authority] shall draw up and keep up to date a list of travellers’ points of entry [F28into the relevant constituent territory].

4.[F29The competent authority designated to carry out the checks provided for in paragraph 1 must:]

(a)[F30be] fully informed of the rules laid down in Chapter III and the officials of the competent authority [F31must] have the necessary training to implement them;

(b)[F32keep] records of the total number of checks that have been carried out and of instances of non-compliance revealed during those checks; and

(c)[F33document] the checks that have been carried out in the relevant entry of the identification document where such documentation is necessary for the purposes of non-commercial movement F34... as provided for in [F35Article 26a].

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Article 35U.K.Actions in case of non-compliance revealed during the checks provided for in Articles 33 and 34

1.Where the checks provided for in Articles 33 and 34 reveal that a pet animal does not comply with the conditions laid down in [F36Chapter] III, the competent authority shall decide, after consultation with the official veterinarian and, where necessary, with the owner or the authorised person, to:

(a)return the pet animal to its country or territory of dispatch;

(b)isolate the pet animal under official control for the time necessary for it to comply with the conditions laid down in Chapter F37... III; or

(c)as a last resort where its return is not possible or isolation is not practical, put the pet animal down in accordance with applicable national rules relating to the protection of pet animals at the time of killing.

2.Where the non-commercial movement of pet animals into [F38Great Britain] is refused by the competent authority, the pet animals shall be isolated under official control pending:

(a)either their return to their country or territory of dispatch; or

(b)the adoption of any other administrative decision concerning those pet animals.

3.The measures referred to in paragraphs 1 and 2 shall be applied at the expense of the owner and without the possibility of any financial compensation for the owner or the authorised person.

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Article 36U.K.Safeguard measures

1.[F39Where rabies or a disease or an infection other than rabies occurs or spreads in a territory or third country, and is liable to represent a serious threat to public or animal health, the appropriate authority may, by regulations, either:]

(a)suspend the non-commercial movement or transit of pet animals from all or part of the [F40third country concerned;]

(b)lay down special conditions in respect of the non-commercial movement of pet animals from all or part of the [F41third country concerned].

F42...

F432.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Article 37U.K.Information obligations

1.[F44The appropriate authority] shall provide the public with clear and easily accessible information concerning the animal health requirements applicable to the non-commercial movement of pet animals and the rules for compliance checks on such movement laid down in this Regulation.

2.The information referred to in paragraph 1 shall in particular include the following:

F45(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the authorisation to derogate from the anti-rabies vaccination condition for young pet animals of the species listed in Part A of Annex I as provided for in [F46Article] 11;

(c)the conditions applicable to the non-commercial movement into [F47Great Britain] of pet animals:

(i)

which do not comply with [F48Article] 10 or 14;

(ii)

F49...

(d)the list of travellers’ points of entry drawn up pursuant to Article 34(3), including the competent authority designated to carry out the checks provided for in Article 34(4);

(e)[F50any conditions] applicable to the non-commercial movement into [F51Great Britain] of pet animals of the species listed in Part B of Annex I F52...;

(f)information on anti-rabies vaccines for which the competent authority F53... has granted a marketing authorisation as provided for in point 1(b) of Annex III, and in particular on the corresponding vaccination protocol.

3.[F54The appropriate authority] shall establish internet-based pages providing the information referred to in paragraph 1 and communicate the internet address of those pages to the [F55other appropriate authorities].

F564.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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SECTION 3U.K.Procedural provisions

Article 38U.K.Amendments to Annexes

In order to take into account technical progress, scientific developments and the protection of public health or the health of pet animals, the [F57appropriate authority may, by regulations,] amend Annexes II to IV.

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[F58Article 39U.K.Regulations

1.Regulations made by the Secretary of State or the Welsh Ministers under this Regulation are to be made by statutory instrument.

2.For regulations made under this Regulation by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010.

3.A statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

4.A statutory instrument containing regulations made by the Welsh Ministers under this Regulation is subject to annulment in pursuance of a resolution of the Welsh Parliament.

5.Regulations made by the Scottish Ministers under this Regulation are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

6.Regulations made under this Regulation may—

(a)contain consequential, incidental, supplementary, transitional or saving provision, including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018);

(b)make different provision for different purposes.

7.Except as specified in paragraph 8, before making any regulations under this Regulation, an appropriate authority must consult—

(a)such bodies or persons as appear to the appropriate authority to be representative of the interests likely to be substantially affected by the regulations;

(b)such other bodies or persons as the appropriate authority may consider appropriate.

8.Where the appropriate authority considers there to be duly justified imperative grounds of urgency relating to a serious risk to public or animal health, the duty to consult set out in paragraph 7 does not apply to regulations made under Article 13, 19 or 36, provided that any such regulations are stated to expire at a date no later than six months after the date on which they are made.]

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F59Article 40U.K.Urgency procedure

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F59Article 41U.K.Committee procedure

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F59Article 42U.K.Penalties

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The Member States shall notify those provisions and any subsequent amendments affecting them to the Commission without delay.

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