The Non-Commercial Movement of Pet Animals Order 2011

Amendment of article 4 E+W+S

3.  In article 4—

(a) for paragraphs (2)(1) and (2A)(2) substitute—

“(2) The prohibition in paragraph (1) shall not apply to the landing in Great Britain of—

(a) an animal which—

(i) is brought to Great Britain from another member State, Norway, Switzerland or Liechtenstein,

(ii) is subject to Council Directive 92/65/EEC, and

(iii) complies with the trade requirements,

(b) an animal which—

(i) originates in, and is brought to Great Britain from, Northern Ireland, the Channel Islands or the Isle of Man, or

(ii) is subject to Council Directive 92/65/EEC and was brought to Northern Ireland, the Channel Islands or the Isle of Man from a place outside those territories and subsequently brought to Great Britain,

(c) an animal which originates in, and is brought to Great Britain from, the Republic of Ireland, unless—

(i) it is an animal which is subject to Article 5 of the Pets Regulation but fails to comply with the requirements of that Article, or

(ii) it is an animal which is subject to Council Directive 92/65/EEC but fails to comply with the trade requirements,

(d) an animal which—

(i) is brought to Northern Ireland, the Channel Islands, the Isle of Man or the Republic of Ireland from a place outside those countries or territories (other than Great Britain) and is subsequently brought to Great Britain,

(ii) is not subject to Council Directive 92/65/EEC or the Pets Regulation, and

(iii) has been detained and isolated in quarantine in Northern Ireland, the Channel Islands, the Isle of Man or the Republic of Ireland for a period of at least four months before being brought to Great Britain.”,

(b) in paragraph (3), omit “previously”,

(c) after paragraph (3), insert—

“(3A) But a licence may not be granted for the importation of—

(a) prairie dogs originating in or coming from the United States of America,

(b) rodents of non-domestic species and squirrels originating in or coming from a third country of the African sub-Saharan region,

(c) dogs or cats from Malaysia (Peninsula) which fail to meet the requirements in article 7 of the Pets Order (in respect of Nipah disease), or

(d) cats from Australia which fail to meet the requirements in article 8 of the Pets Order (in respect of Hendra disease).”,

(d) in paragraph (4)—

(i) for the words from “The ports and airports which alone” to “Schedule 2 to this order”, substitute “An animal may be landed in Great Britain only at an entry point which is specified in Schedule 2”,

(ii) for “at a port or airport other than a port or airport specified in that Schedule”, substitute “at a point of entry other than a designated entry point specified in Schedule 2”,

(e) for paragraph (4A)(3) substitute—

“(4A) The restriction in paragraph (4) does not apply to the landing in Great Britain of an animal to which, in accordance with paragraph (2), the prohibition in paragraph (1) does not apply.”,

(f) in paragraph (5)—

(i) for “port or airport”, substitute “designated entry point”,

(ii) after “vessel”, insert “, vehicle”,

(g) in paragraph (8)(a), omit “the Republic of Ireland,”, and

(h) after paragraph (10) add—

“(11) In this article—

(a) “the trade requirements” means—

(i) the requirements of Council Directive 92/65/EEC, and

(ii) the requirements of the Trade in Animals and Related Products Regulations 2011(4) (in relation to England), the Trade in Animals and Related Products (Wales) Regulations 2011(5) (in relation to Wales) or the Animals and Animal Products (Import and Export) (Scotland) Regulations 2007(6) (in relation to Scotland),

(b) “Council Directive 92/65/EEC” means Council Directive 92/65/EEC laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(I) to Directive 90/425/EEC(7), and

(c) “the Pets Order” means the Non-Commercial Movement of Pet Animals Order 2011(8).

(12) For the purposes of paragraph (11)(a), the requirements of Council Directive 92/65/EEC include the requirement that animals (other than dogs, cats and ferrets) were born on a registered holding and have been kept in captivity since birth, as referred to in Article 10(4) of that Directive.”.

(1)

Paragraph (2) was amended in relation to Great Britain by S.I. 1994/1716 and in relation to England by S.I. 2000/1298. Paragraph (2)(a) was subsequently substituted in relation to England by S.I. 2004/2364.

(2)

Paragraph (2A) was inserted in relation to England by S.I. 2000/1298 and subsequently substituted by S.I. 2004/2364.

(3)

Paragraph (4A) was inserted in relation to Great Britain by S.I. 1977/361.

(4)

S.I. 2011/1197.

(5)

S.I. 2011/2379.

(6)

S.S.I. 2007/194, as amended by S.S.I. 2007/375, 2008/155, 2009/227, 2010/343 and 2011/171.

(7)

OJ No L 268, 14.9.1992, p.54, as last amended by Commission Regulation (EU) No 176/2010 (OJ No L 52, 3.3.2010, p.14).

(8)

S.I. 2011/2883.