Regulation (EU) 2016/429 of the European Parliament and of the CouncilDangos y teitl llawn

Section 6 U.K. DErogating from, and supplementing, risk-mitigation measures for movements of kept terrestrial animals

Article 137 U.K. Kept terrestrial animals intended for confined establishments and delegated acts

1. Operators shall only move kept terrestrial animals to a confined establishment if the animals in question fulfil the following conditions:

(a) they originate from another confined establishment;

(b) they do not pose a significant risk for the spread of listed diseases as referred to in point (d) of Article 9(1) to listed species or to categories of animals at the confined establishment of destination, except where the movement in question is authorised for scientific purposes.

2. The Commission shall adopt delegated acts in accordance with Article 264 concerning:

(a) detailed rules for movements of kept terrestrial animals into confined establishments in addition to those provided for in paragraph 1 of this Article;

(b) specific rules for movements of kept terrestrial animals into confined establishments where the risk-mitigation measures in place guarantee that such movements do not pose a significant risk for the health of kept terrestrial animals within that confined establishment and the surrounding establishments.

Article 138 U.K. Movements of kept terrestrial animals for scientific purposes and delegated acts

1. The competent authority of the place of destination may, subject to the agreement of the competent authority of the place of origin, authorise movements of kept terrestrial animals into the territory of the Member State of destination, for scientific purposes, where those movements do not comply with the requirements of Sections 1 to 5 (Articles 124 to 136), with the exception of Articles 124 and 125, point (b)(ii) of Article 126(1) and Article 127.

2. The competent authority of the place of destination shall only grant derogations as provided for in paragraph 1 under the following conditions:

(a) the competent authorities of the places of destination and origin:

(i)

have agreed on the conditions for such movements;

(ii)

ensure that the necessary risk-mitigation measures are in place so that those movements do not jeopardise the health status in places en route and in the place of destination with regard to the listed diseases referred to in point (d) of Article 9(1); and

(iii)

have notified, where relevant, the competent authorities of the Member States of passage of the derogation granted and of the conditions under which it is granted; and

(b) those movements of those animals take place under the supervision of the competent authorities of the places of origin and destination, and where relevant, the competent authorities of the Member States of passage.

3. The Commission shall be empowered to adopt delegated acts in accordance with Article 264 concerning rules for the granting of derogations by competent authorities, supplementing those provided for in paragraphs 1 and 2 of this Article.

Article 139 U.K. Derogations concerning recreational use, sporting and cultural events, work near borders and grazing

1. The competent authority of the place of destination may grant derogations from the requirements of Sections 2 to 5 (Articles 126 to 136), with the exception of points (a),(b) and (c) of Article 126(1) and Articles 127 and 128, for intra–Union movements of kept terrestrial animals between Member States where such movements are for:

(a) recreational use near borders;

(b) exhibitions, and sporting, cultural and similar events, organised near borders;

(c) grazing of kept terrestrial animals in grazing areas shared between Member States; or

(d) work done by kept terrestrial animals near borders of Member States.

2. Derogations by the competent authority of the place of destination for movements of kept terrestrial animals for the purposes provided for in paragraph 1 shall be agreed on between the Member States of origin and destination and appropriate risk-mitigation measures shall be taken to ensure that such movements do not pose a significant risk.

3. The Member States referred to in paragraph 2 shall inform the Commission of the granting of derogations as provided for in paragraph 1.

4. The Commission shall be empowered to adopt delegated acts in accordance with Article 264 concerning rules for the granting of derogations by the competent authority of the place of destination, supplementing those provided for in paragraph 1 of this Article.

Article 140 U.K. Delegation of power concerning circuses, exhibitions, sporting events and recreational use, zoos, pet shops, animal shelters and wholesalers

The Commission shall be empowered to adopt delegated acts in accordance with Article 264 concerning:

(a)

specific requirements supplementing the rules laid down in Sections 2 to 5 (Articles 126 to 136) for movements of kept terrestrial animals for the following purposes:

(i)

circuses, zoos, pet shops, animal shelters and wholesalers;

(ii)

exhibitions and sporting, cultural and similar events;

(b)

derogations from Sections 2 to 5 (Articles 126 to 136), with the exception of points (a), (b) and (c) of Article 126(1) and Articles 127 and 128, for movements of kept terrestrial animals as referred to in point (a) of this Article.

Article 141 U.K. Implementing power to adopt temporary rules for movements of specific species or categories of kept terrestrial animals

1. The Commission may, by means of implementing acts, lay down temporary rules, by way of addition or alternative to those laid down in this Chapter, for movements of specific species or categories of kept terrestrial animals where:

(a) the movement requirements provided for in Article 130, Article 132(1), Articles 133 and 134, Articles 136(1), 137(1) and 138(1) and (2) and Article 139 and the rules adopted pursuant to Articles 131(1) and 132(2), Article 135, Articles 136(2), 137(2), 138(3) and 139(4) and Article 140 are not effectively mitigating the risks posed by the movement of such animals; or

(b) a listed disease as referred to in point (d) of Article 9(1) appears to be spreading despite the movement requirements laid down in accordance with Sections 1 to 6 (Articles 124 to 142).

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 266(2).

2. On duly justified imperative grounds of urgency relating to diseases representing a risk of a highly significant impact and taking into account the matters referred to in Article 142, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure provided for in Article 266(3).

Article 142 U.K. Matters to be taken into account in the adoption of delegated and implementing acts as provided for in this Section

When establishing the rules to be laid down in the delegated and implementing acts provided for in Articles 137(2), 138(3) and 139(4) and Articles 140 and 141, the Commission shall base those rules on the following matters:

(a)

the risks involved with the movements referred to in those provisions;

(b)

the health status as regards the listed diseases referred to in point (d) of Article 9(1) at the places of origin, passage and destination;

(c)

listed animal species for the listed diseases referred to in point (d) of Article 9(1);

(d)

biosecurity measures in place at the places of origin, passage and destination

(e)

any specific conditions in establishments under which the kept terrestrial animals are kept;

(f)

specific movement patterns of the type of establishment and the species and category of kept terrestrial animals concerned;

(g)

other epidemiological factors.