Regulation (EU) No 576/2013 of the European Parliament and of the CouncilShow full title

CHAPTER I U.K. GENERAL PROVISIONS

Article 1 U.K. Subject matter

This Regulation lays down the animal health requirements applicable to the non-commercial movement of pet animals and the rules for compliance checks on such movement.

Article 2 U.K. Scope

1. This Regulation shall apply to the non-commercial movement of pet animals into [F1 Great Britain from] a third country.

2. This Regulation shall apply without prejudice to:

(a) Regulation (EC) No 338/97;

(b) any national measures adopted, published and made available to the public by [F2 the appropriate authority] to restrict the movement of certain species or breeds of pet animals on the basis of considerations other than those relating to animal health.

Textual Amendments

F1 Words in Art. 2(1) substituted (E.W.S.) (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(2)(a)

F2 Words in Art. 2(2)(b) substituted (E.W.S.) (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(2)(b)

Article 3 U.K. Definitions

For the purposes of this Regulation, the following definitions shall apply:

(a)

‘non-commercial movement’ means any movement which does not have as its aim either the sale of or the transfer of ownership of a pet animal;

(b)

‘pet animal’ means an animal of a species listed in Annex I accompanying its owner or an authorised person during non-commercial movement, and which remains for the duration of such non-commercial movement under the responsibility of the owner or the authorised person;

(c)

‘owner’ means a natural person indicated as the owner in the identification document;

(d)

‘authorised person’ means any natural person who has authorisation in writing from the owner to carry out the non-commercial movement of the pet animal on behalf of the owner;

(e)

‘transponder’ means a read-only passive radio frequency identification device;

(f)

‘identification document’ means a document drawn up in accordance with the model [F3 published by the appropriate authority in accordance with this Regulation or, where the context requires, adopted pursuant to the EU Implementing Regulation], that enables the pet animal to be clearly identified and its health status to be checked for compliance with this Regulation;

(g)

‘authorised veterinarian’ means any veterinarian who has been authorised by the competent authority to carry out specific tasks in accordance with this Regulation or with [F4 regulations made] pursuant to this Regulation;

(h)

‘official veterinarian’ means any veterinarian appointed by the competent authority;

(i)

‘documentary check’ means verification of the identification document accompanying the pet animal;

(j)

‘identity check’ means verification for consistency between the identification document and the pet animal and where appropriate, for the presence and conformity of the marking;

(k)

‘travellers’ point of entry’ means any area designated by [F5 the appropriate authority] for the purposes of the checks referred to in Article 34(1);

(l)

[F6 ‘the Commission Implementing Regulation’ means Commission Implementing Regulation (EU) No 577/2013 on the model identification documents for the non-commercial movement of dogs, cats and ferrets, the establishment of lists of territories and third countries and the format, layout and language requirements of the declarations attesting compliance with certain conditions provided for in Regulation (EU) No 576/2013 of the European Parliament and of the Council;

(m)

‘constituent territory’ means England, Wales or Scotland, as the case may be, and, in relation to a competent authority, “the relevant constituent territory” means the constituent territory for which that competent authority is responsible;

(n)

‘the Echinococcus multilocularis Regulation’ means Commission Delegated Regulation (EU) 2018/772 supplementing Regulation (EU) No 576/2013 of the European Parliament and of the Council with regard to preventive health measures for the control of Echinococcus multilocularis infection in dogs;

(o)

‘the EU Implementing Regulation’ means Commission Implementing Regulation (EU) No 577/2013 on the model identification documents for the non-commercial movement of dogs, cats and ferrets, the establishment of lists of territories and third countries and the format, layout and language requirements of the declarations attesting compliance with certain conditions provided for in Regulation (EU) No 576/2013 of the European Parliament and of the Council, as it has effect in European Union law, as amended from time to time;

(p)

‘the EU Regulation’ means Regulation (EU) No 576/2013 of the European Parliament and of the Council on the non-commercial movement of pet animals as it applies in European Union law, as amended from time to time;

(q)

‘third country’ means a territory or country outside the British Islands;

(r)

‘the Trade Regulations’ means the Trade in Animals and Related Products Regulations 2011, the Trade in Animals and Related Products (Wales) Regulations 2011 or the Trade in Animals and Related Products (Scotland) Regulations 2012, as the case may be.]

Textual Amendments

F3 Words in Art. 3(f) substituted (E.W.S.) (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(3)(a)

F4 Words in Art. 3(g) substituted (E.W.S.) (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(3)(b)

F5 Words in Art. 3(k) substituted (E.W.S.) (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(3)(c)

F6 Art. 3(l)-(r) inserted (E.W.S.) (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(3)(d)

[F7 Article 3A U.K. Definition: appropriate authority

1. In this Regulation, “the appropriate authority” means—

(a) in relation to England, the Secretary of State;

(b) in relation to Wales, the Welsh Ministers;

(c) in relation to Scotland, the Scottish Ministers.

2. But “the appropriate authority” is the Secretary of State if consent is given—

(a) in relation to Wales, by the Welsh Ministers;

(b) in relation to Scotland, by the Scottish Ministers.]

Textual Amendments

F7 Art. 3A inserted (E.W.S.) (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 15(4)

Article 4 U.K. General obligation

Non-commercial movement of pet animals that complies with the animal health requirements laid down in this Regulation shall not be prohibited, restricted or impeded on animal health grounds other than those resulting from the application of this Regulation.

Article 5 U.K. Maximum number of pet animals

1. The maximum number of pet animals of the species listed in Part A of Annex I which may accompany the owner or an authorised person during a single non-commercial movement shall not exceed five.

2. By way of derogation from paragraph 1, the maximum number of pet animals of the species listed in Part A of Annex I may exceed five if the following conditions are fulfilled:

(a) the non-commercial movement of pet animals is for the purpose of participating in competitions, exhibitions or sporting events or in training for such events;

(b) the owner or the authorised person submits written evidence that the pet animals are registered either to attend an event referred to in point (a), or with an association organising such events;

(c) the pet animals are more than six months old.

3. [F8 The appropriate authority] may undertake standard spot checks to verify that the information submitted under point (b) of paragraph 2 is correct.

4. Where the maximum number of pet animals referred to in paragraph 1 is exceeded and the conditions referred to in paragraph 2 are not fulfilled, those pet animals shall comply with the animal health requirements laid down in [F9 the Trade Regulations] for the species concerned and [F10 the appropriate authority] shall ensure that those animals are subject to the veterinary checks provided for in [F11 the Trade Regulations and Regulation (EU) 2017/625 of the European Parliament and the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products].

5. In order to prevent commercial movement of pet animals of the species listed in Part B of Annex I from being fraudulently disguised as non-commercial movement, the [F12 appropriate authority may make regulations] setting the maximum number of pet animals of those species that may accompany the owner or an authorised person during a single non-commercial movement.

F13 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Words in Art. 5(3) substituted (E.W.S.) (31.12.2020) by The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(b), 8(2)(a)

F9 Words in Art. 5(4) substituted (E.W.S.) (31.12.2020) by The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(b), 8(2)(b)(i)

F10 Words in Art. 5(4) substituted (E.W.S.) (31.12.2020) by The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(b), 8(2)(b)(ii)

F11 Words in Art. 5(4) substituted (E.W.S.) (31.12.2020) by The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(b), 8(2)(b)(iii)

F12 Words in Art. 5(5) substituted (E.W.S.) (31.12.2020) by The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(b), 8(2)(c)

F13 Art. 5(6) omitted (E.W.S.) (31.12.2020) by virtue of The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(b), 8(2)(d)