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;

[F1 “appropriate computerised information management system” means the computerised information management system for official controls referred to in Article 131 of the Official Controls Regulation;]

[F1 “border control post” has the meaning given in regulation 11;]

[F1 “CHED” has the meaning given in regulation 10;]

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

[F2 “genetic material” means any germinal product that includes semen, oocytes and embryos intended for artificial reproduction and hatching eggs;]

[F3 “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 [F4 British Islands];

“intensified official controls” means those controls carried out in accordance with Article 65(4) [F5 of the Official Controls Regulation];

“official controls” means activities performed in accordance with Article 2(1) of the [F6 Official Controls Regulation];

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

[F7 “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 [F8 control] posts;]

[F1 “third country” means any country or territory other than the British Islands.]

[F9 “the transitional staging period” has the meaning given in Annex 6 to the Official Controls Regulation.]

F10 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F11 (3) In these Regulations—

(a) [F12 “Official Controls 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;

F13 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F1 Words in reg. 2(1) inserted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 3(a)(i)

F2 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)

F3 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)

F4 Words in reg. 2(1) substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 3(a)(ii)

F5 Words in reg. 2(1) inserted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 3(a)(iii)

F6 Words in reg. 2(1) substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 3(a)(iv)

F7 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)

F8 Word in reg. 2(1) substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 3(a)(v)

F9 Words in reg. 2(1) inserted (E.) (30.7.2021) by The Official Controls (Extension of Transitional Periods) Regulations 2021 (S.I. 2021/809), regs. 1(1)(b), 5(2)

F10 Reg. 2(2) omitted (31.12.2020) by virtue of The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 3(b)

F11 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)

F12 Words in reg. 2(3)(a) substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 3(c)(i)

F13 Reg. 2(3)(c) omitted (31.12.2020) by virtue of The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 3(c)(ii)

F14 Reg. 2(3)(d) omitted (31.12.2020) by virtue of The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 3(c)(ii)

[F15 [F16 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.

[F17 (1A) In addition to the requirements of these Regulations, dogs, cats and ferrets not exempted by paragraph (1) must not be moved into England from a third country unless they comply with the requirements set out in—

(a) points (a) to (d) of Article 10(1), subject to paragraph (1) of Article 12, of the Pets Regulation; and

(b) Commission Implementing Decision (EU) 2019/294 laying down the list of territories and third countries authorised for imports of dogs, cats and ferrets and the model animal health certificate for such imports.]

(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;

[F18 “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

F15 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

F16 Reg. 3 heading substituted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 4(a)

F17 Reg. 3(1A) inserted (31.12.2020) by The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 4(b)

F18 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.

F19 4.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F19 Reg. 4 omitted (31.12.2020) by virtue of The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(3), 5