The Pet Travel Scheme (Pilot Arrangements) (England) Order 1999

Statutory Instruments

1999 No. 3443

ANIMALS, ENGLAND

ANIMAL HEALTH

The Pet Travel Scheme (Pilot Arrangements) (England) Order 1999

Made

22nd December 1999

Laid before Parliament

22nd December 1999

Coming into force

17th January 2000

The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales, acting jointly, in exercise of the powers conferred by section 10 of the Animal Health Act 1981(1), and of all other powers enabling them in that behalf, make the following Order:

Title, commencement, application and extent

1.—(1) This Order may be cited as the Pet Travel Scheme (Pilot Arrangements) (England) Order 1999 and shall come into force on 17th January 2000.

(2) This Order shall apply in relation to pet cats and pet dogs.

(3) This Order extends to England only.

Interpretation

2.  In this Order—

“airport” means the aggregate of the land, buildings and works comprised in an aerodrome within the meaning of the Civil Aviation Act 1982(2);

“carrier” means any undertaking carrying goods or passengers for hire by land, sea or air;

“cat” means a domestic cat (Felis catus);

“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 Council Directive 90/425/EEC(3);

“dog” means a domestic dog (Canis familiaris);

“microchip” means an electronic transponder;

“official health certificate” means a certificate prepared and distributed by the competent authority for completion and signature by an official veterinary surgeon in relation to rabies, and by a veterinary surgeon entitled to practise veterinary medicine in the country in which the treatment is administered in the case of Echinococcus multicularis and ticks;

“official veterinary surgeon” means in England and Wales a veterinary surgeon authorised by the Minister for the purposes of this Order, and outside England and Wales means a veterinary surgeon authorised by the competent authority to grant certification for the purposes of export of dogs and cats;

“pet cats” and “pet dogs” means cats and dogs which are not traded commercially under the provisions of article 4A of the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974(4);

“recognised laboratory” means a laboratory recognised in writing by the Minister as being competent to carry out blood tests for the purposes of this Order.

Exemption from quarantine for pet cats and pet dogs

3.—(1) A person may bring a pet cat or pet dog into England on or after 28th February 2000 without complying with the provisions of the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974 if all the conditions relating to the importation of the animal in this Order are complied with.

(2) Nothing in this Order shall apply in relation to an animal brought into England directly from other parts of the British Islands or the Republic of Ireland.

Means of transport

4.—(1) The animal shall be brought into England using a carrier approved under article 8 below, travelling on a route specified in Schedule 1 to this Order, without leaving the vessel, aircraft or train in which it is travelling between departure and arrival.

(2) In the event of a ship or aircraft on a scheduled service being diverted from a route specified in Schedule 1 to this Order to another place of landing in England, the animal shall be deemed to have been brought into England at the intended place of landing but, in the case of an aircraft, the carrier shall, at its own expense, transport the animal to Heathrow Airport for checking before releasing the animal into the custody of the person importing the animal.

Identification of the animal

5.—(1) The animal shall be identified by means of a microchip implanted into its body.

(2) If the carrier does not have a reader capable of reading the microchip, the person bringing the animal into England shall provide a reader for the microchip at the time the carrier checks the identity of the animal.

Health status of the animal

6.—(1) After it has been microchipped, the animal shall—

(a) have been vaccinated against rabies in a country or part of a country specified in Schedule 2 to this Order or in the British Islands or the Republic of Ireland after the age of three months by injection of an inactivated vaccine approved by the competent authority of the country in which the vaccination takes place; and

(b) have had any necessary booster injections in a country or part of a country specified in Schedule 2 to this Order or in the British Islands or the Republic of Ireland at intervals specified by the manufacturer of the vaccine.

(2) After it has been vaccinated against rabies, and at least six months before it is brought into England, a blood sample must have been taken from the animal and tested for rabies antibodies using a virus neutralisation test at a recognised laboratory, with the result of that test demonstrating a protective antibody titre of at least 0.5 international units per millilitre. The six month period shall begin on the date that the sample was taken from the animal.

(3) The requirement in the preceding paragraph for a delay of six months between taking the blood sample for testing and the animal being brought into England shall not apply in the case of an animal which was microchipped, vaccinated and blood sampled before 28th February 2000, and which, at the time the blood sample is taken, either—

(a) has never left the British Islands or The Republic of Ireland;

(b) has spent six months in quarantine in either the British Islands or The Republic of Ireland and has not subsequently left those countries; or

(c) has been brought into the British Islands or The Republic of Ireland under the provisions of Directive 92/65/EEC and has not subsequently left those countries.

(4) Not less than 24 hours and not more than 48 hours before embarkation for England the animal must have been treated by a veterinary surgeon entitled to practise veterinary medicine in the country in which the treatment is administered against Echinococcus multicularis and ticks, using a veterinary medicine with a marketing authorisation in the country in which the medicine is administered and at an appropriate dosage; and in the case of treatment against Echinococcus multicularis the medicine must contain praziquantel as the active ingredient.

(5) The animal must not have been outside the British Islands, the Republic of Ireland or the countries or territories in Part I of Schedule 2 to this Order (or, in the case of dogs assisting persons suffering from sensory impairment, those territories plus the countries in Part II of that Schedule) for the six month period immediately preceding the date it is brought into England.

(6) The Minister shall recognise laboratories under this article to carry out tests under this article if he is satisfied that they are capable of carrying out the test correctly.

(7) The Minister shall publish a list of recognised laboratories in such manner as he thinks fit.

Documentation

7.—(1) The animal shall be accompanied by two official health certificates, one relating to rabies vaccination and one relating to treatment for Echinococcus multicularis and ticks.

(2) The official health certificates—

(a) shall be signed in relation to rabies by an official veterinary surgeon of a country specified in Schedule 2 to this Order, the British Islands or the Republic of Ireland certifying that the certificate is accurate, and stamped by him with an official stamp indicating that he is an official veterinary surgeon;

(b) shall be signed in relation to Echinococcus multicularis and ticks by a veterinary surgeon entitled to practise veterinary medicine in the country in which the treatment is administered.

(3) The official health certificate relating to rabies vaccination shall contain the information specified in Schedule 3 to this Order.

(4) The official health certificate relating to Echinococcus multicularis and ticks shall state—

(a) the date and time of the treatment; and

(b) the treatment used.

(5) In addition to the official health certificates, any person bringing in an animal in accordance with this Order shall, at the time the animal is brought in, carry a written, signed declaration in English in the form set out in Schedule 4 to this Order that the animal has not been outside the territories set out in that Schedule in the six months preceding the animal being brought into England.

(6) All certificates required under this article shall be in English but may, in addition to the English text, contain a translation in a language of any of the countries listed in Schedule 2.

Carriers

8.—(1) The Minister may approve a carrier under this article to transport pets under the provisions of this Order if he is satisfied that—

(a) the carrier complies with the requirements in Schedule 5 to this Order;

(b) the written procedures and contingency plans required in that Schedule are adequate; and

(c) the carrier will comply with this Order, the written procedures required in Schedule 5 and any conditions of the approval.

(2) The approval shall specify—

(a) where checks must be carried out;

(b) the routes to be used by the approved carrier to bring an animal into England; and

(c) any other conditions the Minister considers appropriate.

(3) The carrier shall provide such information to the Minister as he shall reasonably require.

Duties of approved carriers

9.—(1) Before bringing an animal into England a carrier approved under article 8 above shall have checked, for each animal that it carries under the provisions of this Order, all three certificates required under the provisions of this Order and shall satisfy itself that—

(a) the animal has been implanted with a microchip;

(b) the number of the microchip corresponds with the number of the microchip recorded in all three certificates;

(c) the certificates relating to rabies, Echinococcus multicularis and ticks show that—

(i) they are current;

(ii) they have been signed by an official veterinary surgeon in relation to rabies and by a veterinary surgeon entitled to practise veterinary medicine in the country in which the treatment is administered in relation to Echinococcus multicularis and ticks;

(iii) the animal has been vaccinated against rabies, has been blood tested and has been treated against Echinococcus multicularis and ticks in accordance with this Order; and

(d) the certificate relating to the animal’s place of residence in the previous six months has been signed by the person accompanying the animal.

(2) The checks shall be carried out in the place and in the manner specified in the approval.

(3) If the checks are carried out before the animal is taken on to the means of transport, it shall be an offence for the approved carrier to bring an animal into England in accordance with this Order unless it has carried out the checks in paragraph (1) above and is satisfied that the animal complies with the provisions of that paragraph.

(4) If the checks are carried out during transport or after an animal has landed in England—

(a) the approved carrier shall keep possession of the animal at the place of arrival until it has carried out the checks required under this Order and it is satisfied that the animal has been treated in accordance with this Order; and

(b) if the carrier is not satisfied that the animal has been identified, vaccinated and blood-tested in accordance with this Order, it shall ensure that the animal is transferred immediately to quarantine facilities in accordance with the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974 or is otherwise dealt with under the provisions of that Order.

(5) If, after carrying out the check under paragraph (1) above, whether the check is carried out before the animal is taken on to the means of transport, during transport or after landing, the carrier is satisfied that an animal may be brought into England in accordance with this Order, it shall—

(a) in the case of an animal being brought in by a foot passenger or a passenger of an aircraft, issue a certificate to the person accompanying the animal, signed and dated by a representative of the carrier, certifying that the animal complies with this Order, and attach a label to the collar of the animal or to its carrying cage if there is one, showing the date of importation and stating that the animal complies with the provisions of this Order; or

(b) in the case of an animal being brought in by car or other motor vehicle, give the person a sticker or hanger suitable for displaying on the windscreen and indicating that the vehicle is carrying an animal which has been checked and found to comply with the provisions of this Order.

Duties at the port of arrival

10.—(1) A person bringing an animal into England in a vehicle in accordance with this Order shall display the sticker or hanger given by the carrier in a prominent position in the windscreen until the vehicle leaves the confines of the port of arrival in the case of a ferry crossing or, in the case of the Channel Tunnel, the Folkstone Terminal at Cheriton.

(2) A foot passenger on a ferry or a passenger on an aircraft bringing an animal into England in accordance with this Order shall not remove the label attached by the carrier to the collar or carrying cage until he leaves the confines of the port or airport of arrival.

(3) A person bringing an animal into England in accordance with this Order shall produce on demand by an officer of the Minister or the local authority—

(a) in the case of transport by ferry, in the port area;

(b) in the case of transport through the Channel Tunnel, in the Tunnel System as defined in section 1(7) of the Channel Tunnel Act 1987(5) or the Folkstone Terminal at Cheriton, except that an officer of a local authority shall only have powers in England;

(c) in the case of air transport, in the airport,

all health certificates required under this Order and, in the case of a foot passenger, the certificate of entry given by the carrier under the preceding article and shall make the animal available for checking.

Powers of officers of the Minister and local authorities

11.  An officer of the Minister or a local authority shall have powers to stop any vehicle displaying a windscreen sticker or hanger indicating that an animal is being carried, or any other vehicle in which he reasonably suspects that a cat or dog is being carried, or any person in possession of an animal or whom he suspects to be in possession of an animal, at any place—

(a) in the case of transport by ferry, in the port area;

(b) in the case of transport through the Channel Tunnel, in the Tunnel System as defined in section 1(7) of the Channel Tunnel Act 1987 or the Folkestone Terminal at Cheriton, except that an officer of a local authority shall only have powers in England;

(c) in the case of air transport, in the airport,

and may carry out any checks and searches which may be necessary to ensure that this Order is being complied with.

Approvals

12.  Approvals under this Order shall be in writing, may be made subject to conditions and may be amended, suspended or revoked by notice in writing at any time, and in particular may be suspended or revoked if the Minister is reasonably of the opinion that the provisions of this Order are not being complied with or that the written procedures and contingency plans produced under Schedule 5 to this Order have not been complied with.

Amendment to the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974

13.—(1) The Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974 is amended by adding the following provisions.

(2) After paragraph (4A) of article 4 there shall be added—

“(4B) Notwithstanding the provisions of paragraph (4) above and Schedule 2 to this Order, animals may also be brought into England at Cheriton through the Channel Tunnel.”.

(3) After article 4A there shall be added—

“The Pet Travel Scheme (Pilot Arrangements) (England) Order 1999

4B.   The provisions of this Order shall not apply in relation to pet cats or pet dogs brought into England in accordance with the provisions of the Pet Travel Scheme (Pilot Arrangements) (England) Order 1999.”.

(4) After article 5 there shall be added—

“Release from quarantine

5A.— (1) Notwithstanding the provisions of the preceding article, if a cat or a dog is in quarantine at the date of the coming into force of the Pet Travel Scheme (Pilot Arrangements) (England) Order 1999, and the Minister is satisfied that it has been microchipped, vaccinated against rabies and has had a blood sample taken and tested as required under that Order, the Minister may grant a licence releasing that animal from quarantine six months after the date the blood sample was taken instead of six months after the animal was taken into quarantine, provided that he is satisfied that the animal has not been out of the British Islands, the Republic of Ireland or the countries or territories in Part I of Schedule 2 to this Order (or, in the case of dogs assisting persons suffering from sensory impairment, those territories plus the countries in Part II of that Schedule) in the six months prior to the release date and provided also that the animal has been treated by a veterinary surgeon against Echinococcus multicularis and ticks, using a veterinary medicine with a marketing authorisation at an appropriate dosage (in the case of treatment against Echinococcus multicularis the medicine must contain praziquantel as the active ingredient) at least twenty four hours before release.

(2) If a cat or a dog is brought into England on or after the coming into force of the Pet Travel Scheme (Pilot Arrangements) (England) Order 1999 and is taken into quarantine, whether or not because it failed to meet some or all of the conditions for the importation of cats and dogs under that Order, the Minister may grant a licence releasing that animal from quarantine if he is satisfied—

(a) that the animal has been microchipped, vaccinated and blood tested in accordance with that Order and at the times specified in that Order, and that the animal has been treated by a veterinary surgeon against Echinococcus multicularis and ticks, using a veterinary medicine with a marketing authorisation at an appropriate dosage (in the case of treatment against Echinococcus multicularis the medicine must contain praziquantel as the active ingredient) at least twenty four hours before release; and

(b) that the animal has not been out of the British Islands, the Republic of Ireland or the countries or territories in Part I of Schedule 2 to this Order (or, in the case of dogs assisting persons suffering from sensory impairment, those territories plus the countries in Part II of that Schedule) in the six months prior to the release date.”.

(5) After paragraph (2) of article 6 there shall be added—

“(3) The requirement to vaccinate against rabies in paragraph (1) above shall not apply in any case where the Minister is satisfied that—

(a) the animal has been resident for the six months preceding entry into quarantine in the British Islands, the Republic of Ireland or the territories set out in Schedule 2 to the Pet Travel Scheme (Pilot Arrangements) (England) Order 1999; and

(b) the animal has been vaccinated and blood tested in accordance with the requirements of that Order, and the period of cover of the vaccination has not expired.”.

Enforcement

14.  This Order shall, except where otherwise provided, be executed and enforced by the local authority.

Transitional provisions

15.  The provisions of this Order requiring a blood test to be carried out at a recognised laboratory may be complied with if, before the coming into force of this Order, the blood sample was sent to a laboratory to which the Minister has written confirming that he is satisfied that it is capable of correctly carrying out tests required by this Order and included in a list published by the Minister, and the test was carried out after the laboratory was included in the list.

Hayman

Minister of State Ministry of Agriculture, Fisheries and Food

22nd December 1999

John Reid

Secretary of State Scottish Office

22nd December 1999

Signed by authority of the Secretary of State for Wales

David Hanson

Parliamentary Under-Secretary of State for Wales

22nd December 1999

Article 4

SCHEDULE 1

PERMITTED ROUTES

By sea

• Calais – Dover

• Cherbourg – Portsmouth

• Caen – Portsmouth

• Le Havre – Portsmouth

• St Malo – Portsmouth

By air

• Any direct route from a country or part of a country in Schedule 2 to London Heathrow Airport

Through the Channel Tunnel

• Coquelles – Cheriton

Additional permitted routes for dogs assisting persons suffering from sensory impairment

By air

• Any route originating in Australia or New Zealand and arriving at London Heathrow Airport

Note: The inclusion of a route in this Schedule does not imply that a carrier will be approved to use the route.

Articles 6 and 7

SCHEDULE 2

PART I PERMITTED COUNTRIES AND TERRITORIES

• Andorra

• Austria

• Belgium

• Denmark

• Finland

• France (except Martinique, Guadeloupe, French Guyana, La Réunion, French Polynesia, Wallis and Fortuna, Mayotte, St Pierre and Miquelon and New Caledonia)

• Germany

• Gibraltar

• Greece

• Iceland

• Italy

• Liechtenstein

• Luxembourg

• Monaco

• Netherlands

• Norway (except for Svalbard)

• Portugal (including Madeira and the Azores)

• San Marino

• Spain (including the Canary Islands but excluding Ceuta and Melilla)

• Sweden

• Switzerland

• Vatican City

PART II Additional permitted territories for dogs assisting persons suffering from sensory impairment

• Australia

• New Zealand

Article 7

SCHEDULE 3 INFORMATION TO BE CONTAINED IN THE OFFICIAL HEALTH CERTIFICATE RELATING TO RABIES VACCINATION

1.  The period of validity of the certificate, calculated as follows. In the case of an animal satisfying the conditions set out in article 6(3) above, the certificate shall become valid on 28th February 2000, or on the date on which the certificate is completed, whichever date is the later. Otherwise the certificate shall become valid on the day on which it is completed, or six months after the date on which the sample was taken, whichever is the later. The certificate shall cease to be valid on the date of expiry of the current vaccination.

2.  The microchip number and the location of the microchip.

3.  A declaration that:

• the official veterinary surgeon has seen the record of rabies vaccination for the animal, which identifies the microchip number, indicates that the animal was vaccinated against rabies after the microchip was implanted, and (in the case of re-vaccination) indicates that the latest vaccination was carried out before the previous vaccination had expired in accordance with the recommendation in the manufacturer’s data sheet and that the latest vaccination is valid;

• the official veterinary surgeon has seen a record (certified by the laboratory carrying out the test) of the result of a serological test for the animal, carried out on a blood sample taken on (date) ... ... ... ... after the first vaccination referred to above, and in a laboratory recognised by the Ministry of Agriculture, Fisheries and Food for the purpose, which states that the rabies neutralising antibody titre was equal to or greater than 0.5 IU/ml.

• the animal showed no clinical signs of rabies at the time of certification.

Article 7

SCHEDULE 4 DECLARATION FOR COMPLETION BY THE PERSON BRINGING THE ANIMAL INTO ENGLAND

QUALIFYING COUNTRIES FOR THE PILOT PET TRAVEL SCHEME

In addition, Australia and New Zealand are also qualifying countries for dogs assisting persons suffering from sensory impairment.
Andorra Austria Belgium Denmark Finland France(6) Germany Gibraltar Greece	Iceland Italy Liechtenstein Luxembourg Monaco Netherlands Norway(7) Portugal(8)	Republic of Ireland San Marino Spain(9) Sweden Switzerland United Kingdom, Channel Islands and the Isle of Man Vatican

Article 8

SCHEDULE 5 CONDITIONS OF APPROVAL FOR CARRIERS

1.  Staff having contact with passengers who may be travelling with animals or involved in checking animals under this Order shall be appropriately trained.

2.  The carrier shall set out in writing procedures to ensure that an animal presented for travel under this Order is—

(a) directed to an appropriate checking point;

(b) checked under this Order;

(c) transported in an appropriate part of the vessel, train or aircraft in appropriate conditions.

3.  The carrier shall set out in writing procedures on what it will do if an animal presented for travel fails to comply with this Order, or if an animal is discovered that the carrier reasonably suspects is intended to be transported to England without being presented to the carrier for checking.

4.  The carrier shall set out in writing contingency plans for dealing with emergencies, including plans for vessels being diverted to another place of landing.

5.  Adequate facilities for checking animals under this Order shall be provided. They shall be adequately equipped, manned and maintained.

6.  The carrier shall make arrangements for veterinary assistance to be provided where necessary.

Explanatory Note

(This note is not part of the Order)

This Order, which extends to England, creates, in limited circumstances, an exemption from the requirements for pet cats and pet dogs imported into England to be placed in quarantine under the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974, S. I. 1974/2211. The Order does not extend to Wales or Scotland, but if an animal has been brought into England in accordance with this Order it can then be taken from England into Wales or Scotland.

The animal must be transported by a carrier authorised by the Minister of Agriculture, Fisheries and Food using a route specified in the Order (article 4 and Schedule 1). It must be identified by a microchip, vaccinated against rabies, and must have had a blood test demonstrating that the vaccination was successful. Subject to an exemption for animals which have not left the British Islands or the Republic of Ireland prior to the submission of a blood sample to a recognised laboratory for testing, or have gone through quarantine or have been traded under Council Directive 92/65/EEC before that date, there must have been a six month delay between the date the sample was taken and importation (articles 5 and 6). All this must be carried out in one of the countries or territories specified in Schedule 2. It must have been vaccinated against ticks and the tapeworm Echinococcus multicularis in accordance with the Order, and must not have left the territories specified in Schedule 2 in the preceding six months.

The animal must be accompanied by a health certificate relating to rabies and containing the information set out in Schedule 3, a certificate relating to ticks and Echinococcus multicularis, and a declaration of residence (article 7).

The Minister will approve a transport undertaking as a carrier under this Order if he is satisfied that it is able to comply with the Order, and in particular the conditions in Schedule 5 (article 8). A carrier is under a duty to check that the correct documentation is carried and that the animal is imported in accordance with the Order (article 9).

The Order imposes duties on passengers bringing in cats and dogs during the journey and on arrival (article 10) and gives powers to officers of the Minister and local authorities to stop vehicles and carry out searches (article 11).

The Order makes consequential amendments to the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974. It also amends the 1974 Order in a way which is not consequential on this Order, so as to permit animals which will go into quarantine to be brought in at Cheriton through the Channel Tunnel (article 13).

It contains transitional provisions for blood tests carried out before the Order is made (article 14).

Failure to comply with a condition of the Order relating to importation of an animal is an offence under the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974. Breach of the Order otherwise is an offence under section 72 of the Animal Health Act 1981 punishable on conviction by a fine at level 5 on the standard scale (currently £5,000).

A regulatory impact assessment has been prepared and placed in the library of each House of Parliament. Copies can be obtained from the Animal Health (Disease Control) Division of the Ministry of Agriculture, Fisheries and Food, 1A Page Street, London SW1P 4PQ.

(1)

1981 c. 22. See section 86(1)(c) for a definition of “the Ministers”.

(2)

1982 c. 16.

(3)

OJ No. L268, 14.9.92, p. 54.

(4)

S. I. 1974/2211 as amended by S. I. 1977/361, S. I. 1984/1182, S. I. 1986/2062, S. I. 1990/2371 and S. I. 1994/1716.

(5)

1987 c. 53.

(6)

For these purposes France excludes Martinique, Guadeloupe, French Guyana, La Réunion, French Polynesia, Wallis and Fortuna, Mayotte, St Pierre and Miquelon and New Caledonia.

(7)

For these purposes Norway excludes Svalbard.

(8)

For these purposes Portugal includes the Azores and Madeira.

(9)

For these purposes Spain includes the Canary Islands but excludes Ceuta and Melilla.