The Non-Commercial Movement of Pet Animals (Amendment) Order 2014 No. 3158

Article 14

SCHEDULE E+W+S Amendments to other legislation

PART 1 E+W+S The Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974

Amendment of the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974 E+W+S

1.  The Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974(1) is amended in accordance with this Part.

Amendment of article 2 (interpretation) E+W+S

2.—(1) In paragraph (1) of article 2—

(a) for the definition of “the Pets Regulation” substitute—

““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(2);”, and

(b) for the definition of “the Pets Regulation quarantine end date” substitute—

““the Pets Regulation quarantine end date” means the earliest of either—

(a)

in the case of—

(i)

a cat or ferret subject to Article 6 of the Pets Regulation, the date on which the animal satisfies the requirements of that Article,

(ii)

a cat or ferret subject to Article 10 of the Pets Regulation, the date on which the animal satisfies the requirements of that Article,

(iii)

a dog subject to Article 6 of the Pets Regulation and Article 7 of the supplementary Regulation, the date on which the dog satisfies the requirements of both Articles,

(iv)

a dog subject to Article 6 of the Pets Regulation but exempt from Article 7 of the supplementary Regulation, the date on which the dog satisfies the requirements of Article 6 of the Pets Regulation,

(v)

a dog subject to Article 10 of the Pets Regulation and Article 7 of the supplementary Regulation, the date on which the dog satisfies the requirements of both Articles, or

(b)

where the animal satisfies the requirements applicable to it under sub-paragraphs (a)(i) to (v) above, but does not satisfy the requirements in relation to rabies under Article 6(b) or Article 10(b) and (c) of the Pets Regulation as appropriate, the date of the expiry of a period of four months beginning with the date on which the animal is detained for the purposes of isolation in quarantine.”.

(2) After paragraph (1A) of article 2, insert—

“(1B) For the purposes of the definition of “the Pets Regulation quarantine end date” in paragraph (1), “the supplementary Regulation” means Commission Delegated Regulation (EU) No 1152/2011 supplementing Regulation (EC) No 998/2003 of the European Parliament and of the Council as regards preventative health measures for the control of Echinococcus multilocularis infection in dogs(3).”.

Amendment of article 4 (prohibition on landing of animals in Great Britain) E+W+S

3.  In paragraph (2)(c)(i) of article 4, for “Article 5” substitute “Article 6”.

Amendment of article 5 (detention and isolation in quarantine) E+W+S

4.  In paragraphs (2B)(a), (2C) and (3) of article 5, for “Article 5 or 8” in each place it occurs, substitute “Article 6 or 10”.

Amendment of article 6 (vaccination of dogs and cats in quarantine) E+W+S

5.  In paragraph (3) of article 6, for “Article 5 or 8” substitute “Article 6 or 10”.

Amendment of article 8 (control of animals passing through Great Britain) E+W+S

6.  In paragraph (8) of article 8, for “Article 5 or 8” substitute “Article 6 or 10”.

Amendment of article 12 (detention of animals on board vessels in harbour) E+W+S

7.  In paragraphs (5A)(a) and (b), and paragraphs (8A)(a) and (b), of article 12, for “Article 5 or 8” in each place it occurs, substitute “Article 6 or 10”.

Amendment of article 13 (action in case of illegal landing or breach of quarantine) E+W+S

8.  In paragraphs (1A), (3A)(a) and (b) of article 13, for “Article 5 or 8” in each place it occurs, substitute “Article 6 or 10”.

Amendment of article 14 (power to destroy imported animals) E+W+S

9.  In paragraph (2) of article 14—

(a) for “Article 8” substitute “Article 6 or 10”, and

(b) for “Article 14(c)” substitute “Article 35(1)(c)”.

Amendment of article 16 (summary offences) E+W+S

10.  In paragraph (3) of article 16, for “Article 5” substitute “Article 6”.

Amendment of article 17 (indictable offences) E+W+S

11.  In paragraph (2) of article 17, for “Article 5” substitute “Article 6”.

PART 2 E+W+S The Trade in Animals and Related Products Regulations 2011

Amendment of the Trade in Animals and Related Products Regulations 2011 E+W+S

12.  The Trade in Animals and Related Products Regulations 2011(4) are amended in accordance with this Part.

Amendment of regulation 3 (exceptions for pet animals) E+W+S

13.  For regulation 3, substitute—

“Exception for pet animals

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(5);

“pet animal” means an animal of a species listed in Annex I to the Pets Regulation;

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

PART 3 E+W+S The Trade in Animals and Related Products (Wales) Regulations 2011

Amendment of the Trade in Animals and Related Products (Wales) Regulations 2011 E+W+S

14.  The Trade in Animals and Related Products (Wales) Regulations 2011(6) are amended in accordance with this Part.

Amendment of regulation 3 (exceptions for pet animals) E+W+S

15.  For regulation 3, substitute—

“Exception for pet animals

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;

“pet animal” means an animal of a species listed in Annex I to the Pets Regulation;

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

PART 4 E+W+S The Trade in Animals and Related Products (Scotland) Regulations 2012

Amendment of the Trade in Animals and Related Products (Scotland) Regulations 2012 E+W+S

16.  The Trade in Animals and Related Products (Scotland) Regulations 2012(7) are amended in accordance with this Part.

Amendment of regulation 3 (exceptions for pet animals) E+W+S

17.  For regulation 3, substitute—

“Exception for pet animals

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;

“pet animal” means an animal of a species listed in Annex I to the Pets Regulation;

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

(1)

S.I. 1974/2211. Amending instruments are, in relation to Great Britain, S.I. 1977/361, 1984/1182, 1986/2062, 1990/2371, 1993/1813, 1994/1405, 1994/1716, 1995/2922, 2002/3135 and 2011/2883; in relation to England, S.I. 2004/2364; in relation to Wales, S.I. 2002/882; in relation to Scotland, S.S.I. 2003/229, 2011/46 and 2012/177.

(2)

OJ No L 178, 28.06.2013, p. 1-26.

(3)

OJ No L 296, 15.11.2011, p6. The repeal of Regulation (EC) No 998/2003 has no effect and this Regulation remains in force under Article 43(3) of Regulation (EU) No 576/2013.

(4)

S.I. 2011/1197. Amending instruments are S.I. 2012/2897 and 2013/2996.

(5)

OJ No L 178, 28.06.2013, p. 1-26.

(6)

S.I. 2011/2379 (W.252).

(7)

S.S.I. 2012/177.