Non-Commercial Movement of Pet Animals (Jersey) Regulations 200-

STATES OF JERSEY

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DRAFT NON-COMMERCIAL MOVEMENT OF PET ANIMALS (JERSEY) REGULATIONS 200-

Lodged au Greffe on 2nd May 2006

by the Minister for Planning and Environment

STATES GREFFE

REPORT

Background

For decades, the U.K. and the Channel Islands have maintained their rabies-free status by requiring a 6-month quarantine before permitting the import of any animal of a susceptible species. Advances in vaccination practice now permit the importation of appropriately vaccinated and certified dogs, cats and ferrets.

The details of the E.U. and U.K. regulations have changed and Jersey needs to update its legislation to keep in step.

The Draft Non-Commercial Movement of Pet Animals (Jersey) Regulations 200- provide for a new scheme to replace the pet passport scheme, based on the European Communities' legislation that came into force in 2004. There is little difference between the old and the new scheme. The main reason for the change is because the scheme is now governed by the E.U. and some provisions do not need to be catered for locally. In addition, this new scheme applies to ferrets as well as cats and dogs, and provides for animals to be imported by air as well as sea.

Accompanying Order to be made

The Draft Rabies (Importation of Dogs, Cats and other Mammals) (Amendment No.  6) (Jersey) Order 200- will make changes to the previous 1974 Order largely required by these Regulations, and may be made upon the adoption of the draft Regulations by the States.

Financial/manpower statement

There are no financial or manpower implications for the States arising from these draft Regulations.

Explanatory Note

These  Regulations  provide  for  a  new  scheme  to  replace  the  pet  passport  scheme,  based  on  European Communities' legislation that came into force in 2004. There is little difference between the old and the new scheme; the main reason for the change is because the scheme is now governed by the EU and therefore some provisions do not need to be catered for locally. In addition this new scheme now applies to ferrets as well as dogs and cats. It also provides for animals to be imported by air as well as sea and for importation by sea no longer to be limited to the St. Malo route.

PART 1 – INTRODUCTORY PROVISIONS

Regulation 1 contains the definitions applicable to the Regulations and a provision applying the definitions in the Community Regulation establishing the scheme.

Regulation 2 sets out the scope and extent of the Regulations. They apply and enforce within Jersey the provisions of the Community Regulation that regulate the movement of pet dogs, cats and ferrets between Member States and from a third country after transit through a Member State. Jersey is treated as part of the UK for the purposes of the Community Regulation and our scheme only deals with pets arriving from an EU destination, albeit they may have originated from outside the EU. The provisions of the Community Regulation that disapply rabies restrictions with respect to most invertebrates, tropical fish, amphibia, reptiles, most birds and all rodents and domestic rabbits also apply to Jersey. Certain requirements regarding treatment and certification with respect to tape worm and ticks (Regulation 6) and the testing of blood (Regulation 8(3)(c)(iii)) only apply during the transitional period set out in the Community Regulation.

Regulation  3  exempts  pets  imported  from  the  Republic  of  Ireland  from  the  vaccination  and  blood-testing requirements of the Community Regulation as well as the tape worm and ticks requirements.

PART 2 - IDENTIFICATION, BLOOD-TESTING AND TREATMENT

Regulation 4 provides for dogs, cats and ferrets to be identified only by microchip. Regulation 5 prescribes the waiting period between blood testing and bringing a dog or cat into Jersey as 6 months.

Regulation 6 requires a dog, cat or ferret to be treated against tape-worm and ticks between 24 and 48 hours before embarkation for Jersey. Further details of the treatment and the certification required are specified.

PART 3 – BRINGING DOGS, CATS AND FERRETS INTO JERSEY

Regulation 7 provides for dogs, cats and ferrets to be imported into Jersey using an approved carrier and sets out the mechanism for the Minister for Planning and Environment to approve a carrier. The Schedule sets out written procedures that carriers must follow. Regulation 8 specifies the duties on carriers to check microchips and passports. If the carrier is not satisfied that the pet meets the regulatory requirements the pet must not be brought to Jersey or, if the checks were carried out in Jersey or during transit, it must ensure the pet is quarantined. Where the carrier is satisfied that the pet meets the requirements it must issue the necessary certification, including, in the case of a pet imported in a motor vehicle, a sticker or hanger stating compliance with the scheme.

Regulation 9 sets out the requirements for the pet owner to display the sticker or hanger if importing the pet in a vehicle. All owners must produce the passport and the certificate of entry on demand at the port or airport and must make the pet available for checking.

PART 4 – ADMINISTRATION AND ENFORCEMENT

Regulation 10 designates the Minister as the competent authority for the purposes of authorizing vets and granting derogations in relation to the importation of puppies and kittens under 3 months old in accordance with the Community Regulation.

Regulation 11 makes further provision with regard to approvals, authorizations and derogations. Regulation 12 gives a power of entry and to carry out checks to inspectors.

Regulation 13 prohibits obstruction of, or failing to give assistance to, or providing false information to, a person acting in the execution of the Community Regulations or these Regulations. Regulation 14 outlaws the alteration of pet passports and possession of altered or false passports. Regulation 15 makes the contravention of these and other provisions an offence carrying 6 months' imprisonment and/or a fine at level 4 on the standard scale (£5,000). The Regulation also contains the standard provisions concerning criminal liability.

PART 5 – CLOSING PROVISIONS

Regulation 16 treats a carrier approved under the previous scheme as approved under the new scheme. Regulation 17 revokes the Order establishing the original pet travel scheme. Regulation 18 is the citation provision and provides for the Regulations to come into force 7 days after they are made.

Arrangement

Regulation PART 1

INTRODUCTORY PROVISIONS

1 Interpretation

2 Scope and extent

3 Exemption from certain transitional requirements with respect to pet animals from the Republic

of Ireland

PART 2

IDENTIFICATION, BLOOD-TESTING AND TREATMENT

4 Identification of dogs, cats and ferrets

5 Waiting period after satisfactory blood test

6 Treatment and certification in respect of tape worm and ticks

PART 3

BRINGING DOGS, CATS AND FERRETS INTO JERSEY

7 Carriers

8 Duties on carriers

9 Duties at the port of arrival

PART 4

ADMINISTRATION AND ENFORCEMENT

10 Designation of competent authority

11 Approvals, authorizations and derogations 12 Powers of inspectors

13 Obstruction

14 Falsification of passports

15 Offences

PART 5

CLOSING PROVISIONS

16 Savings

17 Revocation

18 Citation and commencement SCHEDULE

CONDITIONS OF APPROVAL FOR CARRIERS

1 Training of staff

2 Procedures

3 Checking facilities

4 Veterinary assistance

Made     [ d a te to b e i n se r t ed ]   Coming into force   [ d a t e to b e i n s e rt e d ]

THE STATES, in pursuance of Article 2 of the European Communities Legislation (Implementation) (Jersey) Law 1996[1], have made the following Regulations –

PART 1

INTRODUCTORY PROVISIONS

1 In t erpretation

1. I n these Regulations unless the context otherwise requires –

"carrier" means any undertaking carrying goods or passengers for hire by sea or air; "Minister" means the Minister for Planning and Environment;

"Community Regulation" means Regulation (EC) No. 998/2003 of the European Parliament and of 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/EC (O.J. No.  L146, 13.6.03, p.1) and any other Community instrument amending it or to be read with it;

"inspector" means a person appointed by the Minister to be an inspector for the purposes of the Diseases of Animals (Jersey) Law 1956[2], and shall be taken to include the Veterinary Officer appointed under Article 2 of that Law;

"microchip" means an electronic identification system (transponder) as specified in Article 4(1) of the Community Regulation;

"tape worm" means Echinococcus multilocularis.

2. E xpressions defined in the CommunityRegulation have the same meaningin these Regulations.
3. A reference in these Regulations to a dog, cat or ferret means a dog, cat or ferret that is a pet animal.

2 S c ope and extent

1. T heseRegulationsapplyand enforce withinJerseythose provisions oftheCommunityRegulation that regulate the movementof pet animals listed in Parts A (dogsand cats) and B (ferrets) of Annex  I to the Community Regulation –

1. b etweenMember States; and
2. f rom a third country listed in section  2 of part  B orin part  C of Annex  II to that Regulatio

after transit through a Member State listed in part  B of that Annex.

2. T hese Regulations applywithinJersey Article 7 oftheCommunity Regulation (so that movement between Member States or from a territory listed in section 2 of part B ofAnnex II to that Regulatio of animals ofthe species listed inpart C ofAnnex I are not subject to any requirement ofany enactment that relates to the control of rabies).
3. T heCommunity Regulation applies to Jersey asif Jersey were part of the UnitedKingdom.
4. T hereshallbenopointofentryin Jersey into Community territory for the purpose of the Community Regulation (so that these Regulations donot enforce within Jersey the provisions ofChapter IIIof the CommunityRegulation that Regulate movement of pet animals directly from third countries).
5. R egulations 6 and 8(3)(c)(iii) of these Regulations apply during the transitional period specified in Articles 16and 6(1) respectively of the Community Regulation (subjectto any extension of such period in respect of Article 6(1)).

3 E x emption from certain transitional requirements with respect to pet animals from the Republic of

Ireland

Pet animals brought into Jersey from the Republic of Ireland need not comply with the following requirements that apply only for a transitional period –

1. t hevaccination and antibody titration requirements provided for in Articles 6(1) of the Community Regulation; and
2. R egulation 6.

PART 2

IDENTIFICATION, BLOOD-TESTING AND TREATMENT

4 Id e ntification of dogs, cats and ferrets

For the purposes of Article  4 of the Community Regulation, dogs, cats and ferrets may only be identified by microchip.

5 W  aiting period after satisfactory blood test

The neutralising antibody titration referred to in Article  6(1) of the Community Regulation must be carried out on a blood sample taken at least 6  months before the dog or cat is brought into Jersey.

6 T r eatment and certification in respect of tape worm and ticks

1. N otless than 24 and not more than 48 hours before embarkation for Jersey a dog, cat or ferret must treated against tape worm and ticksby a veterinary surgeon entitled topractisemedicinein the country in which the treatment is administered.
2. T he treatment mustbe with a veterinary medicine with a marketing authorization inthe country in whichthetreatmentisadministeredatanappropriate dosage, and –

1. i n thecaseoftreatment against tape wormmust contain praziquantelas the active ingredient; and
2. i n the caseoftreatment against ticksmustnotbeby means of a collar impregnated with acaricide.

3. I n additiontothe certification requiredby the Community Regulation, the passportaccompanying

each dog, cat and ferret must –

1. s pecify the manufacturerofeach treatment administered in respectof tape wormand ticks, the product used foreach treatment, andthe date and time ofsuchadministration;and
2. be signed and stamped in respect of those treatments by the veterinary surgeon who administered them.

PART 3

BRINGING DOGS, CATS AND FERRETS INTO JERSEY

7 C a rriers

1. P etdogs,catsand ferrets may only be brought into JerseyundertheCommunity Regulation using a carrier approved under this Regulation.
2. T he Minister mayapprove a carrierif the Minister is satisfied that –

1. t hecarriercomplies with therequirements in the Schedule;
2. t he written proceduresandcontingencyplans required intheScheduleareadequate;and
3. t hecarrier will comply with the Community Regulation and theseRegulations, the written procedures required in theScheduleandany conditions of the approval.

3. T he approval shall specify –
   1. w here checksmustbecarried out;
   2. t heroutesto be used by the approved carrier to bring a dog,cator ferret into Jersey; and
   3. a nyother conditions that the Minister considers appropriate.
4. A carrier must provide such information to the Minister as the Minister reasonably requires.
5. A carrier mustcomply with the termsandconditionsof its approval.

8 D u ties on carriers

1. A carriermustcheck the microchipand the passportofeverydog, cat or ferret it brings into Jersey undertheCommunity Regulation.
2. T hechecksmust be performed in the placeandin the manner specified inthecarrier'sapproval.
3. T hecarriermustbe satisfied that –

1. t heanimal has been implantedwith a microchip;
2. t henumberof the microchipcorresponds with the numberof the microchip recorded in the passportandany supporting documentation;
3. t hepassport shows that –

1. it iscurrent,
2. t he animal has been vaccinated against rabies (and revaccinated if applicable) in accordance with the CommunityRegulation,
3. i n thecaseof a dog or a cat or, if it hascome from a third country in accordance with Article 8(1)(a) of the CommunityRegulation, a ferret, a neutralising antibody titration has been carried out on a blood sample from the animal in accordance with the Community Regulation and these Regulations and has met the requirements of the CommunityRegulation, and
4. R egulation 6 has been complied with; and

4. t here is no indication that the passport has been falsified orunlawfullyaltered.

4. I f thepassportof a dog or cat shows that itwas vaccinated or its bloodsamplewastakenbefore its microchip was inserted it shall not fail either ofthechecks in paragraphs (3)(c)(ii) and (iii) for that reason if –

1. t heanimal was vaccinated in a countryor territory where the competent authority (or a body authorized by that authority) operates a mandatory identification system under which that species isrequired to be registered and identified by tattoo or microchip, or by tattoo only;
2. t henumberof the animal's tattoo corresponds with the numberof the tattoo recordedinthe passportandany supporting documentation; and
3. t hepassportshows that theanimalwas vaccinated after it was tattooed and before theblood sample was taken.

5. I f, after carryingout the checks, the carrier is not satisfied that the dog, cator ferret maybe brought into Jersey under the Community Regulation and theseRegulations –

1. w here the checks wereperformed outside Jersey (other than during transport directly to Jersey), the carriermust not bring theanimal into Jersey;
2. w here thecheckswereperformed in Jersey orduring transport directly to Jersey, the carrier must ensure that the animal is transferred to quarantine facilities in accordance with the Rabies

(Importation of Dogs, Cats and Other Mammals) (Jersey) Order  1976[3] or is otherwise dealt with under the provisions of that Order.

6. I f, after carrying out the checks, the carrier is satisfied that the dog, cator ferret may be brought into Jersey undertheCommunity Regulations and these Regulations itmust –

1. i ssue a certificate to the person incharge of the animal that –

1. is signed and dated by a representative of the carrier,
2. s tates that the animal complies with the provisions of the Community Regulation and these Regulations, and
3. s tates the date of movement to Jersey; and

2. i f theanimal is brought into Jerseyin a motorvehicle, give theperson in charge a sticker or hanger for display on the vehicle stating that it is carrying a petanimal that has been checked and found to comply with the provisions of the Community Regulation and theseRegulations.

9 D u ties at the port of arrival

1. A person bringing a dog, cat or ferret into Jerseyin a vehicle under the CommunityRegulationand these Regulationsmust display the sticker orhangergivenby the carrier in a prominentpositionin the windscreen until the vehicle leavesthe port of arrival.
2. A person bringing a dog, cat or ferret into Jersey under the Community Regulation and these Regulations must produce ondemand by an inspector –

1. i n the caseof arrival bysea,intheportarea;
2. i n the caseof air transport, in the airport,

the passport and the certificate of entry given by the carrier under Regulation 8(6)(a) and must make the animal available for checking.

PART 4

ADMINISTRATION AND ENFORCEMENT

10 D esignation of competent authority

The Minister shall be the competent authority for the purposes of –

1. a uthorizing veterinarians under Articles 5(1) and 6(1) of the Community Regulation; and
2. g ranting derogations in relation todogsandcatsunder 3 months old in accordance with Article 6(2) of the Community Regulation.

11 A pprovals, authorizations and derogations

1. A pprovals, authorizations and derogations undertheseRegulationsshallbe in writing and maybe made subject to such conditions as the Minister considers necessary to –

1. e nsure that the provisions of the CommunityRegulationand these Regulations are complied with; and
2. p rotect public oranimal health.

2. A pprovals, authorizations and derogations may be amended,suspended or revoked by notice in writing atany time.
3. A pprovals granted underRegulation 7 maybesuspendedor revoked if the Minister is reasonably of the opinion that the written proceduresand contingency plans produced underthe Schedule have not been compliedwith.

12 P owers of inspectors

1. A n inspectorshall,onproducing if required to doso,some duly authenticated documentshowingthe inspector's authority, have a right at all reasonable hoursto enter any land or premises for the purpose of administering andenforcing the CommunityRegulation or theseRegulations.
2. A n inspectorshall have powers to carry out all checks, searchesandexaminations that maybe necessary to ascertain whether the CommunityRegulationorthese Regulations are beingcomplied with and in particular mayexamineand copy documentary or data processing material.
3. I n this Regulation "premises" includes any vessel, boat, aircraft or vehicle of any otherdescription but does not include premises used exclusively as a dwelling house.

13 O bstruction

A person must not –

1. i ntentionally obstruct any person acting in the execution of the Community Regulation orthese Regulations;
2. without reasonable cause, fail to give any person acting in the execution of the Community Regulation ortheseRegulations any assistance or information which that personmayreasonably require for the purposes of his orherfunctionsundertheseRegulations; or
3. f urnish toany person acting in the execution oftheCommunity Regulations ortheseRegulationsany information that he orshe knows to be false or misleading.

14 F alsification of passports

1. A person other than a veterinarian authorized under Article 5(1) and 6(1) of the Community Regulation or a person acting at his orher direction mustnot alter any part of a passportother than the section giving details of the pet animal owner'sname and address.
2. A person mustnotknowinglybe in possession of –

1. a passport that has been unlawfully altered;or

2. a document that falsely purports to be a passport.

15 O ffences

1. A person whocontravenes –

1. R egulation 7(5) (failure by a carriertocomplywiththeterms and conditions of its approval);
2. R egulation 8 (duties oncarriers);
3. R egulation 9 (duties at the port of arrival);
4. a conditionof any approval, authorization orderogationunderRegulation11(1);
5. R egulation 13 (obstruction); or
6. R egulation 14 (falsification of passports),

shall be guilty of an offence and liable to imprisonment for 6 months and to a fine of level 4 on the standard scale.

2. A person who aids, abets, counsels, or procures the commission of an offence under these Regulations shallbe liable to be dealtwith, tried and punished as a principal offender.
3. W here anoffence underthese Regulations committedby a limited liability partnership orbody corporate is provedto have been committedwith the consent orconnivanceof,or to havebeen attributable to anyneglecton the partof –

1. a ny director, manager, secretary or similar officer ofthebodycorporate;or
2. a ny person whowas purporting to act in such a capacity,

the person as well as the body corporate shall be guilty of an offence and be liable to be proceeded against and punished accordingly.

4. W here the affairs of a bodycorporate are managed by its members,paragraph (2) applies in relation to actsand defaults of a member in connection with themember'sfunctionsofmanagementas if the member were a directorof the body corporate.

PART 5

CLOSING PROVISIONS

16 S avings

Any approval of a carrier under Article  9 of the Pet Travel Scheme (Jersey) Order 2003[4] shall continue in force as an approval under these Regulations.

17 R evocation

The Pet Travel Scheme (Jersey) Order 2003[5] is revoked.

18 C itation and commencement

These Regulations may be cited as the Non-Commercial Movement of Pet Animals (Jersey) Regulations 200- and shall come into force 7 days after they are made.

SCHEDULE

(Regulation 7(2))

CONDITIONS OF APPROVAL FOR CARRIERS

1 T r aining of staff

Staff having contact with passengers who may be travelling with dogs, cats or ferrets or staff who may be involved in checking dogs, cats or ferrets under these Regulations must be appropriately trained.

2 P r ocedures

1. T hecarriermust set out in writing procedures to ensure that a dog, cat or ferret presented for travel undertheCommunity Regulation is –

1. d irected to anappropriatechecking point;
2. c heckedundertheseRegulations;and
3. t ransported in an appropriate part of the vessel or aircraft in appropriate conditions.

2. T hecarriermustset out in writing procedures onwhat it will do if a dog, cat or ferret presented for travel contravenesthe Community Regulation ortheseRegulations, or if a dog, cat or ferret is discovered that the carrier reasonably suspects is intended to bebrought into to Jersey without being presented to the carrier for checking.
3. T he carrier must set outin writing contingency plansfor dealing withemergencies, including plans for vessels being diverted to another placeof landing.

3 C h ecking facilities

1. The carrier must provide adequate facilities for checking dogs, cats and ferrets under these Regulations.
2. T he facilities shallbe adequately equipped,manned and maintained.

4 V e terinary assistance

The carrier must make arrangements for veterinary assistance to be provided where necessary.

1. c h a p te r 1 7 .2 4 5  
2. c h a p te r 0 2 .4 0 0  
3. c h a p te r 0 2 .4 0 0 . 7 0  
4. c h a p te r 0 2 .4 0 0 . 6 0  
5. c h a p te r 0 2 .4 0 0 . 6 0 ( R&O.140/2003)