The Trade in Animals and Related Products Regulations 2011

PART 1 U.K. Introduction

Title, application and commencement U.K.

1.  These Regulations may be cited as the Trade in Animals and Related Products Regulations 2011; they apply in England and come into force on 25th May 2011.

Interpretation U.K.

2.—(1) In these Regulations—

“animal” means an animal of any kind, including a bird, fish or invertebrate;

“enforcement authority” has the meaning given in regulation 31;

[F1 “genetic material” means any germinal product that includes semen, oocytes and embryos intended for artificial reproduction and hatching eggs;]

[F2 “health certificate” in these Regulations includes the equivalent of a health certificate in electronic form;

“importer” means the natural or legal person who presents animals or products for importation from outside the United Kingdom;

“intensified official controls” means those controls carried out in accordance with Article 65(4);

“official controls” means activities performed in accordance with Article 2(1) of the EU Regulation;

“premises” includes any place, vehicle, trailer, container, stall, moveable structure, ship or aircraft;]

[F3 “product” means—

(a)

any product of animal origin, germinal product, animal by-product, derived product or hay or straw subject to official controls at border control posts; and

(b)

any composite product listed in Commission Decision 2007/275 concerning lists of animals and products to be subject to official controls at border inspection posts;]

(2) All references in Schedule 1 to European Union instruments are references to those instruments as amended from time to time.

[F4 (3) In these Regulations—

(a) “the EU Regulation” is a reference to Regulation (EU) 2017/625 of the European Parliament and of 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;

(b) “Regulation (EU) No. 2016/1012” is a reference to Regulation (EU) No. 2016/1012 on zootechnical and genealogical conditions for the breeding, trade in and entry into the Union of purebred breeding animals, hybrid breeding pigs and the germinal products thereof;

(c) any reference to a “border inspection post” is to be read as a reference to a “border control post” as defined in regulation 11; and

(d) any reference to a “CVED” is to be read as a reference to a “CHED” as defined in regulation 10.]

Textual Amendments

F1 Words in reg. 2(1) substituted (14.12.2019) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488), regs. 1(1), 26(2)(a)(i)

F2 Words in reg. 2(1) inserted (14.12.2019) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488), regs. 1(1), 26(2)(a)(ii)

F3 Words in reg. 2(1) substituted (14.12.2019) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488), regs. 1(1), 26(2)(a)(iii)

F4 Reg. 2(3) inserted (14.12.2019) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488), regs. 1(1), 26(2)(b)

[F5 Exception for pet animals U.K.

3.— (1) These Regulations do not apply in relation to pet animals where—

(a) the movement is a non-commercial movement, and

(b) in the case of cats, dogs and ferrets—

(i) the pet animal is accompanying the owner or authorised person, or

(ii) where more than five pet animals are accompanying the owner or authorised person, the conditions set out in Article 5(2) of the Pets Regulation are fulfilled.

(2) In this regulation—

“authorised person”, “non-commercial movement” and “owner” have the meanings given by Article 3 of the Pets Regulation;

“the Pets Regulation” means Regulation (EU) No 576/2013 of the European Parliament and of the Council on the non-commercial movement of pet animals and repealing Regulation (EC) No 998/2003;

[F6 “pet animal” has the same meaning as in Article 4(11) of Regulation (EU) 2016/429 on transmissible animal diseases;]

“accompanying” has the same meaning as in the Pets Regulation.]

Textual Amendments

F5 Reg. 3 substituted (29.12.2014) by The Non-Commercial Movement of Pet Animals (Amendment) Order 2014 (S.I. 2014/3158), art. 1(3), Sch. para. 13

F6 Words in reg. 3(2) substituted (14.12.2019) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488), regs. 1(1), 26(3)

International agreements U.K.

4.  Trade with [F7 the Faroe Islands, Greenland,] Iceland, Liechtenstein, Norway and Switzerland under any agreement between those countries and the European Union is treated as trade between member States for the purposes of these Regulations.

Textual Amendments

F7 Words in reg. 4 inserted (14.12.2019) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488), regs. 1(1), 26(4)