The Non Commercial Movement of Pet Animals (England) Regulations 2004

PART 1 Introduction

Title, application and commencement

1.  These Regulations may be cited as the Non Commercial Movement of Pet Animals (England) Regulations 2004; they apply only to England and come into force on 1st October 2004.

Interpretation

2.—(1) In these Regulations—

“airport” means the aggregate of the buildings and works comprised in an aerodrome within the meaning of the Civil Aviation Act 1982(1);

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

“the Community Regulation” means Regulation (EC) No. 998/2003 of the European Parliament and of the Council of 26 May 2003 on the animal health requirements applicable to the non-commercial movement of pet animals and amending Council Directive 92/65/EC(2) as amended by Commission Regulation (EC) No. 592/2004(3) and as read with Commission Decisions—

(a)

2003/803/EC of 26 November 2003 establishing a model passport for the intra-Community movement of dogs, cats and ferrets(4),

(b)

2004/203/EC of 18 February 2004 establishing a model health certificate for non-commercial movements from third countries of dogs, cats and ferrets(5),

(c)

2004/301/EC of 30 March 2004 derogating from Decisions 2003/803/EC and 2004/203/EC as regards the format for certificates and passports for the non-commercial movement of dogs, cats and ferrets and amending Decision 2004/203/EC(6), and

(d)

2004/539/EC of 1 July 2004 establishing a transitional measure for the implementation of Regulation (EC) No. 998/2003 on the animal health requirements applicable to the non-commercial movement of pet animals(7);

“Hendra certificate” means the certificate described in regulation 5(c);

“inspector” means a person appointed by the Secretary of State or a local authority to be an inspector for the purposes of these Regulations and a person appointed as an inspector or a veterinary inspector for the purposes of the Animal Health Act 1981(8) shall be an inspector for the purposes of these Regulations;

“local authority” means—

(a)

in any part of England where there is, within the meaning of the Local Government Changes for England Regulations 1994(9), a unitary authority for that local government area, that authority;

(b)

where there is not a unitary authority—

(i)

in a metropolitan district, the council of that district;

(ii)

in a non-metropolitan county, the council of that county; or

(iii)

in each London borough, the council of that borough;

(c)

in the City of London, the Common Council;

“microchip” means the electronic identification system (transponder) specified in article 4(1) of the Community Regulation;

“PETS certification” means either the official health certificate relating to rabies required by article 7 of the Pet Travel Scheme (Pilot Arrangements) (England) Order 1999(10) or the official health certificate required by paragraph 4(a) of Schedule 6 to that Order;

“third country health certificate” means a health certificate complying with Commission Decision 2004/203/EC and the supporting documentation (or a certified copy of that documentation) referred to in article 3 of that Decision.

(2) Expressions defined in the Community Regulation have the same meaning in these Regulations.

Approvals

3.  Approvals issued under these Regulations shall be in writing, may be made subject to such conditions as the Secretary of State considers necessary to—

(a) ensure that the provisions of the Community Regulation and these Regulations are complied with; and

(b) protect public or animal health

and may be amended, suspended or revoked by notice in writing at any time; in particular approvals granted under regulation 8 may be suspended or revoked if the Secretary of State is reasonably of the opinion that the written procedures and contingency plans produced under Schedule 1 have not been complied with.

Exemption from the provisions of the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974

4.—(1) A person may bring a pet animal into England without complying with the provisions of the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974(11) provided the movement complies with the Community Regulation and these Regulations.

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

Exceptions

5.  These Regulations shall not apply to the movement to England of—

(a) more than five pet animals if they—

(i) are travelling together; and

(ii) come from a third country other than one listed in Section 2 of Part B of Annex II to the Community Regulation;

(b) prairie dogs originating in or travelling from the United States of America; or

(c) cats travelling from Australia unless accompanied by a certificate which —

(i) is signed by a representative of the Australian government veterinary services;

(ii) states the number of the microchip implanted in the cat; and

(iii) certifies that the cat has not been on a holding where Hendra disease has been confirmed during the 60 days prior to departure from Australia,

and a cat in transit through Australia by air shall not be treated as travelling from Australia if it does not leave the airport.

PART 2 Identification and blood-testing of pet animals

Identification of pet dogs, cats and ferrets

6.  For the purposes of article 4 of the Community Regulation, pet dogs, cats and ferrets shall be identified by microchip.

Waiting period after satisfactory blood test

7.  The neutralising antibody titration at least equal to 0.5 IU/ml referred to in article 6(1) of the Community Regulation shall be carried out on a blood sample taken at least six months before the pet animal is brought into England.

PART 3 Carriers, certification and checking arrangements

Carriers

8.—(1) Pet dogs, cats and ferrets shall be brought into England under the Community Regulation using a carrier approved to transport them under this regulation.

(2) The Secretary of State may approve a carrier under this regulation if she is satisfied that—

(a) the carrier complies with the requirements in Schedule 1;

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

(c) the carrier will comply with the Community Regulation and these Regulations, the written procedures required in Schedule 1 and any conditions of the approval.

(3) The approval shall specify—

(a) where checks must be carried out;

(b) the routes to be used by the approved carrier to bring a pet dog, cat or ferret into England; and

(c) any other conditions the Secretary of State considers appropriate.

(4) The carrier shall provide such information to the Secretary of State as she shall reasonably require.

(5) Every carrier shall comply with the terms and conditions of its approval.

Treatment and certification in respect of Echinococcus multilocularis and ticks

9.—(1) This regulation shall apply to pet dogs, cats and ferrets during the transitional period specified in article 16 of the Community Regulation.

(2) Not less than 24 and not more than 48 hours before embarkation for England the pet dog, cat or ferret shall have been treated by a veterinary surgeon entitled to practise medicine in the country in which the treatment is administered against Echinococcus multilocularis and ticks.

(3) The treatment shall be with a veterinary medicine with a marketing authorisation in the country in which the treatment is administered, shall be at an appropriate dosage, and—

(a) in the case of treatment against Echinococcus multilocularis shall contain praziquantel as the active ingredient; and

(b) in the case of treatment against ticks shall not be by means of a collar impregnated with acaricide.

(4) In addition to the certification required by the Community Regulation, the passport or third country health certificate accompanying each pet dog, cat and ferret shall—

(a) specify the manufacturer of each treatment administered in respect of Echinococcus multilocularis and ticks, the product used for each treatment, and the date and time of such administration; and

(b) be signed and stamped in respect of those treatments by the veterinary surgeon who administered them.

Duties on carriers

10.—(1) A carrier shall check—

(a) the microchip, and

(b) either the passport or the third country health certificate

of every pet dog, cat or ferret it brings into England under the Community Regulation.

(2) A carrier shall check the Hendra certificate of every cat it brings into England from Australia.

(3) The checks shall be performed in the place and in the manner specified in the carrier’s approval.

(4) The carrier 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 the passport or the third country health certificate (and such number must appear on both the health certificate and its supporting documentation) and, for a cat travelling from Australia, the Hendra certificate,

(c) the passport or third country health certificate shows that—

(i) it is current;

(ii) the animal has been vaccinated against rabies (and revaccinated where required) in accordance with the Community Regulation;

(iii) a neutralising antibody titration has been carried out on a blood sample from the animal in accordance with the Community Regulation and these Regulations and with a result in accordance with that required by the Community Regulation; and

(iv) the animal has been treated against Echinococcus multilocularis and ticks in accordance with these Regulations and those treatments have been certified in accordance with regulation 9(4),

(d) any Hendra certificate shows that the cat has not been on a holding where Hendra disease has been confirmed during the 60 days prior to departure from Australia, and

(e) there is no indication that the passport, third country health certificate or Hendra certificate has been falsified or unlawfully altered.

(5) If the passport or third country health certificate of a pet dog or cat shows that it was vaccinated or its blood sample was taken before its microchip was inserted it shall not fail either of the checks in paragraphs (4)(c)(ii) and (4)(c)(iii) for that reason if—

(a) the animal was vaccinated in a country or territory where the competent authority (or a body authorised by that authority) operates a mandatory identification system under which that species is required to be registered and identified by tattoo or microchip, or by tattoo only,

(b) the number of the animal’s tattoo corresponds with the number of the tattoo recorded in the passport or third country health certificate (and such number must appear on both the health certificate and its supporting documentation), and

(c) the passport or third country health certificate shows that the animal was vaccinated after it was tattooed and before the blood sample was taken.

(6) If, after carrying out the checks, the carrier is not satisfied that the pet dog, cat or ferret may be brought into England under the Community Regulation and these Regulations—

(a) where the checks were performed outside England (other than during transport directly to England), the carrier shall not bring the animal into England under the Community Regulation;

(b) where the checks were performed in England or during transport directly to England, the carrier shall ensure that the animal is transferred 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 and compliance with this sub-paragraph shall be a defence to a breach of article 4(1) of that Order.

(7) If, after carrying out the checks, the carrier is satisfied that the pet dog, cat or ferret may be brought into England under the Community Regulations and these Regulations it shall—

(a) issue a certificate to the person in charge of the animal which—

(i) is signed and dated by a representative of the carrier,

(ii) states that the animal complies with the provisions of the Community Regulation and these Regulations, and

(iii) states the date of importation to England; and

(b) if the animal is brought into England in a motor vehicle, give the person in charge a sticker or hanger for display on the vehicle stating that it is carrying a pet animal which has been checked and found to comply with the provisions of the Community Regulation and these Regulations.

Duties at the port of arrival

11.—(1) A person bringing a pet dog, cat or ferret into England in a vehicle under the Community Regulation and these Regulations shall display the sticker or hanger given by the carrier in a prominent position in the windscreen until the vehicle leaves the port of arrival or, in the case of the Channel Tunnel, the Folkestone Terminal at Cheriton.

(2) A person bringing a pet dog, cat or ferret into England under the Community Regulation and these Regulations shall produce on demand by an inspector—

(a) in the case of arrival by sea, 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(12) or the Folkestone Terminal at Cheriton, except that an inspector of a local authority shall only have powers in England,

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

the passport or third country health certificate, any Hendra certificate, and the certificate of entry given by the carrier under regulation 10(7)(a) and shall make the animal available for checking.

PART 4 Administration and enforcement

Designation of competent authority

12.—(1) The Secretary of State shall be the competent authority for the purposes of—

(a) approving veterinarians in accordance with articles 5(1) and 6(1) of the Community Regulation, and

(b) granting derogations in relation to animals under three months old in accordance with article 6(2) of the Community Regulation and each such derogation shall be granted by an approval under these Regulations.

(2) Every person granted an approval under this regulation shall comply with its terms and conditions.

Powers of inspectors

13.—(1) An inspector shall, on producing if required to do so, some duly authenticated document showing his authority, have a right at all reasonable hours to enter any land or premises (other than premises used exclusively as a dwellinghouse) for the purpose of administering and enforcing these Regulations and the Community Regulation; and in this regulation “premises” includes any vessel, boat, aircraft or vehicle of any other description.

(2) Such an inspector shall have powers to carry out all checks, searches and examinations which may be necessary to ascertain whether the Community Regulation and these Regulations are being complied with and in particular may examine and copy documentary or data processing material.

Obstruction

14.—(1) No person shall—

(a) intentionally obstruct any person acting in the execution of the Community Regulation and these Regulations;

(b) without reasonable cause, fail to give any person acting in the execution of the Community Regulation and these Regulations any assistance or information which that person may reasonably require for the purposes of his functions under these Regulations; or

(c) furnish to any person acting in the execution of the Community Regulations and these Regulations any information which he knows to be false or misleading.

Falsification of documents

15.—(1) No person, other than a duly approved veterinary surgeon or a person acting at his direction, shall alter—

(a) any part of a passport save for Section I,

(b) any part of a third country health certificate, or

(c) any part of a Hendra certificate.

(2) No person shall knowingly be in possession of—

(a) a passport, third country health certificate or Hendra certificate which has been unlawfully altered, or

(b) a document which falsely purports to be a passport, third country health certificate or Hendra certificate.

Offences

16.—(1) It shall be an offence for any person to fail to comply with—

(a) regulation 8(5) (failure by a carrier to comply with the terms and conditions of its approval);

(b) regulation 10 (duties on carriers);

(c) regulation 11 (duties at the port of arrival);

(d) regulation 12(2) (failure by a veterinarian or a person importing animals under three months old to comply with the terms and conditions of their approval);

(e) regulation 14 (obstruction);

(f) regulation 15 (falsification of documents).

(2) Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of—

(a) any director, manager, secretary or similar officer of the body corporate, or

(b) any person who was purporting to act in such a capacity,

he as well as the body corporate shall be guilty of an offence and be liable to be proceeded against and punished accordingly.

(3) For the purposes of paragraph (2), “director” in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

Penalties

17.  A person guilty of an offence under these Regulations shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.

Enforcement

18.—(1) The provisions of these Regulations shall be enforced by the local authority.

(2) The Secretary of State may direct, in relation to cases of a particular description or a particular case, that any duty imposed on a local authority under paragraph (1) shall be discharged by the Secretary of State and not by the local authority.

PART 5 Amendment, transitional provisions, savings and revocations

Amendment to the Animal and Animal Products (Import and Export) Regulations 2004

19.—(1) The Animal and Animal Products (Import and Export) Regulations 2004(13) shall be amended in accordance with this regulation.

(2) For regulation 2 there shall be substituted the following—

“Exception

2.— (1) Subject to paragraph (2), these Regulations shall not apply to veterinary checks on movements of pets (other than equidae) accompanied by and under the responsibility of a natural person, where such movements are not the subject of a commercial transaction.

(2) These Regulations shall apply to veterinary checks on movements of more than five pets travelling together notwithstanding that they are accompanied by and under the responsibility of a natural person and that their movement is not the subject of a commercial transaction if they—

(a) are each of a species listed in Annex I to Regulation (EC) No. 998/2003; and

(b) come from a third country other than one listed in section 2 of part B of Annex II to Regulation (EC) No. 998/2003.”

(3) In paragraph 10 of Part I of Schedule 3 and in paragraph 9 of Part II of Schedule 5 the following shall be inserted in the list of amending instruments after Council Regulation (EC) No. 1802/2002—

• “Regulation (EC) No. 998/2003 (OJ No. L 146, 1.6.2003, p1) as amended by Commission Regulation (EC) No. 592/2004 (OJ No. L 94, 31.3.2004, p7)”

Transitional provisions

20.—(1) This regulation applies to a pet dog or cat which is brought into England accompanied by PETS certification which was issued before 1st October 2004.

(2) An animal to which this regulation applies shall be—

(a) treated against Echinococcus multilocularis and ticks in accordance with regulations 9(2) and 9(3); and

(b) accompanied by an official health certificate in a form directed by the Secretary of State which records that treatment in accordance with regulation 9(4)(a) and is signed and stamped in accordance with regulation 9(4)(b).

(3) Subject to paragraph (4), PETS certification issued before 1st October 2004 and an official health certificate complying with sub-paragraph (2)(b) shall together be treated as if they were—

(a) a passport where the animal is entering in circumstances where the Community Regulation requires a passport; or

(b) a third country health certificate where the animal is entering in circumstances where the Community Regulation requires such a certificate,

and regulations 10, 11 and 15 shall take effect accordingly.

(4) Where this regulation applies the carrier shall, in place of its obligations under regulations 10(4)(b) and 10(4)(c)(i), satisfy itself that—

(a) the number of the microchip corresponds with the number of the microchip recorded in both the PETS certification and the official health certificate; and

(b) both the PETS certification and the official health certificate are current.

Savings

21.  Approvals granted under article 8 of the Pet Travel Scheme (Pilot Arrangements) (England) Order 1999 shall continue in force as approvals under these Regulations.

Revocations

22.  The Orders listed in Schedule 2 are revoked.

Ben Bradshaw

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

8th September 2004