UK Offence Report

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

UK Statutory Instrument 2004 No. 2363 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
8 September 2004
In force from
1 October 2004
Extent
Not stated
Subject
Dogs, animals, hunting and wildlife
Made under
European Communities Act 1972

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations make provision in England for the administration and enforcement of Regulation (EC) No 998/2003 of the European Parliament and 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/EEC (OJ No. L 146, 13.6.2003, p1, as amended by Commission Regulation (EC) No 592/2004, OJ No. L 94, 31.3.2004, p7) (“the Community Regulation”). They revoke and replace the Pet Travel Scheme (Pilot Arrangements) (England) Order 1999 (S.I. 1999/3443) and the existing amendments to that Order (these are listed in Schedule 2). Consequential amendment to the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974 is made by the Rabies (Importation of Dogs, Cats and Other Mammals) (England) (Amendment) Order 2004 which comes into force simultaneously with these Regulations. The Regulations create, in limited circumstances, an exemption from the requirement for pet animals covered by the Community Regulation to be imported under licence and placed in quarantine under the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974 (S.I. 1974/2211, as amended) on import into England. The Regulations do not extend to Wales or Scotland, but if an animal has been brought into England in accordance with these Regulations, it can then be taken from England into Wales or Scotland. Regulation 5 excludes three categories of animal from the exemption. Regulation 5(a) excepts animals covered by article 12(b) of the Community Regulation. This exclusion extends to pet animals from certain third countries arriving in groups of more than five. Regulation 5(b) excludes animals whose import is prohibited by Commission Decision 2003/459/EC on certain protection measures with regard to monkey pox virus (OJ No. L 154, 21.6.2003, p112). This exclusion extends to prairie dogs from the USA. Regulation 5(c)excludes animals whose import is prohibited by Commission Decision 1999/507/EC (OJ No. L 194, 27.7.1999, p66, as last amended by Commission Decision 2000/708/EC, OJ No. L 289, 16.11.2000, p41) on certain protection measures with regard to certain fruit bats, dogs and cats coming from Malaysia (Peninsula) and Australia. This exclusion extends to cats from Australia unless they are accompanied by a certificate relating to freedom from Hendra virus. The Regulations provide for retention of the requirement in the Pet Travel Scheme (Pilot Arrangements) (England) Order 1999 that animals are identified by microchip rather than tattoo (regulation 6). Regulation 7 sets out the waiting period before entry to England laid down in the national rules in force on 3rd July 2004 which is referred to in article 6 of the Community Regulation. On that date, a waiting period of six months from the date of a blood test was laid down in article 6(2) of the Pet Travel Scheme (Pilot Arrangements) (England) Order 1999. In addition to the anti-rabies preparation required by the Community Regulation, the Regulations require dogs, cats and ferrets to be treated against Echinococcus multilocularis and ticks before entering England (regulation 9). The Regulations require that dogs, cats and ferrets entering England under the Community Regulation are transported by a carrier approved by the Secretary of State on a specified route (regulation 8 and Schedule 1). Carrier approvals granted under the Pet Travel Scheme (Pilot Arrangements) (England) Order 1999 continue to be valid (regulation 21). Carriers are under a duty to check that the correct documentation accompanies every dog, cat and ferret and that it shows compliance with the Community Regulation and the Regulations (regulation 10). The Regulations also impose duties on passengers bringing dogs, cats and ferrets into England under the Community Regulation to make their documentation and animals available for checking (regulation 11) and give powers to officers of the Secretary of State and the local authority to stop vehicles and carry out searches (regulation 13). The Regulations make transitional provision to allow dogs and cats accompanied by health certificates issued under the Pet Travel Scheme (Pilot Arrangements) (England) Order 1999 to enter England using those certificates (regulation 20). The Regulations prohibit obstruction of persons acting in their execution (regulation 14) and falsification of documents (regulation 15). Offences under the Regulations are listed in regulation 16; commission of these offences is punishable on summary conviction by imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale, currently £5,000 (regulation 17). The Regulations make amendments to the Animal and Animal Products (Import and Export) Regulations 2004 (S.I. 2004/853) consequent on the Community Regulation. No Regulatory Impact Assessment has been prepared in respect of these Regulations.

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