GUIDANCE FOR LOCAL AUTHORITIES

THE IMPORTATION OF PET ANIMALS

UNDER THE NON-COMMERCIAL MOVEMENT OF PET

ANIMALS ORDER 2011

Issued September 2013

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CONTENTS

1. Introduction 4

2. Background 4

3. The Non-Commercial Movement of Pet Animals Order 2011 (NCMPAO, which implements Regulation (EC) No 998/2003) 4

3.1 Pet Travel Rules 5

3.2 Offences 6

3.3 Enforcement 6

4. The Trade in Animals and Related Products Regulations (TARP- Scotland SSI 2012/177 – England SI 2011/1197– Wales SI 2011/2379 ). (TARP regulations implement Council Directive 92/65/EEC ) 6

4.1 Commercial Pet Imports – Additional Requirements 7

4.2 Enforcement 7

5. Suspected illegal imports 8

6. Recent examples 8

7. Dealing with Non-Compliance 9

8. Looking Forward 10

8.1 Dover Port Pilot Scheme 10

8.2 New EU Regulation 10

9. Legislation 10

10. Links and Annexes 11

Annex I – Guidance Legislative References 12

The Non-Commercial Movement of Pet Animals Order 2011 – SI /2011/2883 12

Controls on rabies and certain other diseases of mammals – Article 5 12

Rabies – Article 6 12

Echinococcus multilocularis – Article 9 12

Enforcement authority – Article 13 13

Appointment of authorised officers – Article 14 13

Powers of authorised officers – Article 15 13

Offences – Article 16 14

Penalties – Article 17 14

The Trade in Animals and Related Products Regulations – (TARP- Scotland SSI 2012/177 – England SI 2011/1197– Wales SI 2011/2379 (S,E,W) ). 14

Exceptions for movement of pet animals – Article 3 (S,E,W) 14

Movement of animals and genetic material between member States – Article 5, (S) 5-8 (E,W) 14

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Scope of this part – Article 7 (S), 9 (E,W) 15

Meaning of “CVED” – Article 8 (S), 10 (E,W) 15

Place of importation – Article 11 (S), 13 (E,W) 15

Notification of importation – Article 12 (S), 14 (E,W) 15

Action following non-compliance – animals – Article 21 (S), 23 (E,W) 16

Enforcement – Article 27 (S), 32 (E,W) 16

Powers of entry – Article 28 (S) 33 (E,W) 17

Powers of authorised officers – Article 29(S), 34 (E,W) 17

Consignments from another member State constituting a risk to health – Article 30 (S), 35 (E,W) 18

Regulation No 998/2003 of the European Parliament and of the council – on the animal health requirements applicable to the non-commercial movement of pet animals 19

Article 3 – Definition of Pet Animal 19

Article 5 - Provisions applicable to movement between Member States 19

Article 7 19

Article 8 - Conditions relating to movements from third countries 19

Article 14 20

The Rabies (Importation of Dogs, Cats and other Mammals) Order 1974 21

Article 5 – Detention and Isolation in quarantine 21

Article 13 - Action in case of illegal landing or breach of quarantine 22

Article 14 - Power to destroy imported animals 23

Annex II - ID46 25

Annex III - At a Glance Legislation Guidance Document 30

Annex IV – Information currently available for Rabisin® minimum age requirements in Europe ( to note this is not a comprehensive list, and as it is frequently subject to change, accuracy cannot be guaranteed and therefore this should only be used as a guide) 33

Annex V - Countries and territories - EU and Non-EU listed countries and territories 35

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1. Introduction

The purpose of this guidance is to assist all Local Authorities in their assessment of appropriate enforcement action when dealing with possible illegal or non-compliant imports under either The Non-Commercial Movement of Pet Animals Order 2011 (NCMPAO - SI 2011/2883) or The Trade in Animals and Related Products Regulations (TARP- Scotland SSI 2012/177 – England SI 2011/1197– Wales SI 2011/2379). 2. Background

Since the introduction of the NCMPAO, which harmonised the UK pet movement rules with those of the rest of the EU, on 1 January 2012, there has been a steady increase in the number of owners travelling with their pets. In 2012 there was a 61% increase in pets entering GB compared with 2011. There was also an increase in reported illegal landings: from January to November 2012, with 417 pets being seized by Trading Standards as illegal imports compared with 127 for the same period in 2011. Where imports into GB are by Eurotunnel or ferry, checks are carried out prior to loading at the port of departure by authorised carriers, with a percentage of audit checks carried out on arrival in GB by AHVLA. Pets arriving by air are checked upon arrival in GB. However, it is becoming apparent that there are a number of individual importers, often travelling together, who are deliberately flouting the rules by bringing in consignments of up to 5 pets each, (the upper limit permitted under Pet Travel rules unless travelling for competitions or sporting events etc.) for the sole purpose of selling on. As such these should be more correctly imported under the slightly more onerous trade rules for commercial movements of animals as provided by TARP. Ultimately, for pet animals entering into GB the legislation is aimed at preventing, in particular, an incursion of rabies and in terms of protecting public health, the spread of Echinococcus multilocularis tapeworm, amongst other diseases, into the UK. 3. The Non-Commercial Movement of Pet Animals Order 2011 (NCMPAO, which implements Regulation (EC) No 998/2003)

The NCMPAO makes provision for the administration and enforcement of Regulation (EC) 998/2003 (the Pets Regulation (PETS)) and enables pets to enter GB without the need for quarantine, so long as they meet all requirements for travel. The PETS Regulation defines a pet animal as: [dogs/cats/ferrets]1 which are accompanying their owners or a natural person responsible for such animals on behalf of the owner during their movement and are not intended to be sold or transferred to another owner. The number of pets allowed per person is limited to 5 (see Article 12 of the PETS Regulation 998/2003 and Commission Regulation EU 388/2010). More than 5 pets can travel with their owner as a non-commercial movement provided there is no transfer of ownership (e.g. movement for competitions, shows, exhibitions, etc.) but they will be subject to checks on arrival under TARP and Council Directive 92/65/EEC (which is also known as the Balai Directive).

1 This guidance applies in particular to movements of dogs, cats and ferrets although Regulation (EC) No 998/2003

applies to movements of certain other pet animals as well.

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It is important to note that unless an import licence has been granted in advance by the appropriate authority, it is an offence under the Rabies (Importation of Cats, Dogs and Other Mammals) Order 1974 (the “Rabies Order” - see link at section 10) to land a pet dog, cat or ferret in Great Britain which fails to meet the following Pet Travel Rules. In such cases all provisions (including offence provisions - Article 16 &17 – see Annex I) of the Rabies Order will apply and pets will require to be detained in quarantine until they meet all requirements of the PETS Regulation. Moves within the UK including those from the Channel Islands and Isle of Man are exempt from these requirements.

3.1 Pet Travel Rules

Actions Member States, listed non-EU Countries (Annex 5)

Unlisted non-EU Countries (Annex 5)

Republic of Ireland (ROI)

Microchipping Or legible tattoo imprinted before

3rd

July 2011 (Before any of the

following steps are carried out)

Yes Yes Yes

Vaccinated against rabies (In accordance with the vaccine

manufacturer’s data sheet in the

country of export)

Yes Yes Yes

Blood test No Yes No Sample to be taken 30

days after vaccination

Pre-entry waiting period Yes Yes Yes At least 21 days after

vaccination

3 months after blood

sample date

At least 21 days

after vaccination

Tapeworm treatment (Dogs only 1-5 days before arrival

in UK) (must be carried out by a

qualified vet)

Yes

Yes No

No treatment is required for dogs travelling directly from Ireland, Finland, Malta or Norway

Documents required (EU Pet Passport (as per Annex I

of Commission Decision

2003/803/EC) or an official third

country veterinary certificate (as

per Annex II of Commission

Implementing Decision

2011/874/EU))

Yes Yes Yes

Approved route of travel (Travel must be with an approved

transport company on an

authorised route)

Yes Yes No

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3.2 Offences Under Article 16 (2) of the NCMPAO it is an offence to;

Intentionally obstruct any person carrying out the requirements of the relevant legislation

Fail to give any reasonable assistance or information without good cause

To provide false or misleading information (including in pet passport or health certificate)

To fail to produce documentation or records when asked to do so Any person guilty of an offence under Article 16 (2) is liable on summary conviction to imprisonment (up to 3 months) or to a fine not exceeding £5,000.

3.3 Enforcement Local authorities have responsibility for enforcement of the NCMPAO although Ministers have the option to enforce it themselves in relation to any particular case, if considered appropriate. The powers of authorised officers are set out in Article 15 of NCMPAO (see Annex I of this Guidance)

entry to any premises (includes any place, trailer, container, vessel, boat, aircraft or vehicle of any description) at any reasonable hour and may be accompanied as necessary.

admission to premises used mainly as a dwelling house may not be demanded unless entry is in accordance with a warrant permitting such entry

carry out inspection of premises and examination of any animal

carry out any test

inspection and copy of any relevant documents or records

seize and detain any pet animal As per Article 14 of the Pets Regulation 998/2003 (see Annex I), non-compliant pets may be;

removed to quarantine until they meet EU animal health requirements - Notice (ID46 – Article 13 of the Rabies Order) should be issued, see copy at Annex II;

returned to their country of origin; or

destroyed – this option would only be exercised as a last resort where neither of the above options are feasible

A list of all GB quarantine premises is available on the GOV.UK website. 4. The Trade in Animals and Related Products Regulations (TARP- Scotland SSI 2012/177 – England SI 2011/1197– Wales SI 2011/2379). (TARP regulations implement Council Directive 92/65/EEC)

TARP applies to the non-commercial movements of more than 5 pet animals and to the commercial movements of pets regardless of numbers. Requirements for microchipping, rabies vaccination, blood tests, pre–entry waiting period and tapeworm treatment are the same as for non-commercial imports under PETS. In addition, the conditions of Council Directive 92/65/EEC must also be met for commercial imports of pet animals.

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Under TARP where the non-compliance constitutes a serious health risk to either human or animal health, animals can be quarantined until such time as they meet all required conditions for entry. The provisions of the Rabies Order may also apply to any animals landed in breach of the following import requirements

4.1 Commercial Pet Imports – Additional Requirements

TARP Requirements EU Member States2 Non-EU Countries

Registered holding Yes No Holding must be registered with the EU Member

State of origin

Pre-Entry notification Yes Yes 1) MS of origin notifies destination MS via

TRACES 24hrs in advance

2) Importer notifies local AHVLA office 24hrs in

advance in writing

BIP notified in writing,

24 hours in advance

with submission of

Common Veterinary

Entry Document (CVED)

(Part 1)

Documents required Yes Yes

1) passport based on Commission Decision

2003/803/EC, Annex I (for intra-EU movements of

dogs, cats and ferrets)

and

2) completed, signed Intra Trade Animal Health

Certificate (ITAH) required for that animal (Council

Directive 92/65/EC) confirming; 24hrs before

dispatch clinical examination was carried out by a

vet, document to be kept by importer for 3yrs

CVED based on Regulation (EC) No 282/2004, Annex II of Decision 2011/874 used for commercial import from all Third Countries

Approved route of travel (Transporter authorised to

transport animals commercially)

Yes Yes

Checks on arrival No Yes AHVLA carries out checks on high risk

consignments (such as traded puppies, rescue

dogs imported for re-homing except from ROI and

3rd

Country imports that were checked at a non-

UK BIP, where there are more than five animals

per importer or the animals are destined for

breeding and production).

Entry must be via a

Border Inspection Post

(BIP),

Official veterinary (OV)

checks under article 4 of

Council Directive

97/78/EC, article 4 of

Council Directive

91/496/EEC or article

14(1) of Regulation (EU)

882/2004, to issue

CVED (copy kept for 3

years by BIP)

4.2 Enforcement

Responsibility for enforcement of TARP at a BIP lies with the AHVLA; responsibility outside a BIP rests with the local authority unless Ministers direct otherwise. Currently the BIPs listed for commercial pet imports are Heathrow, Gatwick and Edinburgh.

2 Trade with Iceland, Liechtenstein, Norway and Switzerland under any agreement between those countries and the

European Union is treated as trade between member States for the purposes of these Regulations.

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The powers of authorised officers are set out in the relevant TARP Regulations (see Annex I of this Guidance).

entry at any premises (includes any place, trailer, container, stall, vehicle moveable structure, ship or aircraft) at any reasonable hour and may be accompanied as necessary.

admission to premises used mainly as a dwelling house may not be demanded unless entry is in accordance with a warrant permitting such entry

carry out inspection and examination of any animal

take samples for testing or checking

Inspection and removal of any relevant documents or records

seize and detain anything required as evidence Non-compliant pets may be:

removed to quarantine (where appropriate) until they meet EU animal health requirements - Notice (ID46 – Article 13 Rabies Order) should be issued, see copy at Annex II;

returned to their country of origin; or

destroyed – this option would only be exercised as a last resort where neither of the above options are feasible.

5. Suspected illegal imports

Animals suspected of being illegal imports may include;

Any animal imported into the UK which, on pre or post entry checks fails to comply with an approved rabies regime

Any animal found trapped in vehicles or containers which have come from another country

Any animal which, following importation is later presented to a private veterinary surgeon for a booster vaccination and is found to be non-compliant with the EU pet travel rules

Any animal notified as being illegally imported by members of the public

A stray animal found in the vicinity of ports/airports where an owner can’t be found

6. Recent examples

A veterinary surgeon alerted trading standards about doubts as to age of puppies when vaccinated for rabies

Commercial imports apparently being disguised as non-commercial so that the rules as implemented by NCMPAO were applied instead of TARP

Movements of pets illegally from 3rd countries subsequently being passed off as pets coming from the EU

An alert from the French authorities resulting in a statutory notice being issued under the Welfare of Animals (Transport) (Scotland) Regulations 2006 for the number of puppies being unsuitably transported in one consignment in an unapproved vehicle. 15 puppies were imported by 3 ‘owners’ from Eastern Europe to Scotland in one car.

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7. Dealing with Non-Compliance

Where genuine pets are found to be noncompliant with the Pet Travel Rules then infringements are in some cases more clear cut and easier to deal with in enforcement terms. If animals have not been correctly prepared for entry into GB then the following actions would be expected:

General issues (i.e. vaccination expired or actions carried out in the wrong order) with documentation, microchipping, rabies vaccination, blood testing, pre entry waiting period or tapeworm treatment – Legislation requires that animals should be placed in quarantine until they satisfy the requirements of Articles 5, 7 or 8 of Regulation (EC) No 998/2003 as the case may be (i.e. rabies vaccination followed by 3 weeks quarantine or receive tapeworm treatment, etc.)

Cases where doubt is raised about the age of puppies when vaccination was carried out in the country of origin are clearly more challenging. Vaccines are licensed for use at different ages in different countries. This makes it very difficult for veterinary surgeons in this country to ascertain, at the time when a pet is presented to them, whether or not they have been prepared correctly. When it can be shown that the vaccine has been administered incorrectly this invariably invalidates the passport and will require the animal(s) to be quarantined, revaccinated and held there for 21 days.

Contacting the vet who vaccinated the animal in country of origin and/or the vaccine manufacturers to discuss the marketing authorisations that will specify the age at which pups and kittens can effectively be vaccinated can help ascertain the validity of a vaccination and is an option for Local Authority inspectors.

In cases where it is suspected that importers are using the NCMPAO provisions to import pets that are destined for resale/transfer of ownership, the underlying difficulty is primarily an evidential one of being able to establish that, as per regulation 3(1) of TARP the purpose of the underlying transaction was commercial in nature, in which case all the requirements of the Balai Directive as implemented by TARP must be satisfied and not just those which are required by the NCMPAO. The definition of “pet animals” in Article 3 of Regulation (EC) No 998/2003 refers to animals which are accompanying their owners or a natural person responsible for such animals on behalf of the owner during their movement and are not intended to be sold or transferred to another owner. So regulation 3 of TARP has to be read alongside the above definition of pet animal when deciding whether the movement is covered by TARP or not. The intention of NCMPAO was to make it easier for genuine pet owners to travel with their animals for non-commercial purposes, however, as with any such simplification of the rules there are always those who will try to take advantage and use the rules dishonestly for their own ends. As the primary enforcement body for NCMPAO, TARP and the Rabies Order, local authority enforcement officers have to investigate each suspect case presented to them. They should consider all the underlying facts and circumstances of the case, and in particular, whether they can draw the inference of an intention to sell or transfer ownership of a pet animal before deciding on an appropriate course of action. If cases are successfully enforced and, ultimately, this results in convictions for any underlying criminal offences this may have a deterrent effect and make other people think twice before engaging in criminal conduct in breach of the relevant legal rules.

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The Vale of Glamorgan Trading Standards team successfully prosecuted KLM Dutch Airlines in June 2013 for offences under the Rabies (Importation of Dogs, Cats and other Mammals) Order 1974 and the Non-Commercial Movement of Pet Animals Order 2011. KLM were found guilty of carrying a cat originating from Mexico on a non-approved aircraft carrier and landing the cat at Cardiff Airport, which is not permitted to receive pet animals. The cat was found to be travelling on an invalid pet passport and there were discrepancies over its rabies vaccination and identification. KLM was fined £1,800 and ordered to pay costs of £3,000 and a victim surcharge of £120.

8. Looking Forward

8.1 Dover Port Pilot Scheme

AHVLA are currently running a pilot scheme to try and build “dossiers” for specific people/vehicles in an attempt to counter any defence in court that the importer did not intend to sell the animals at the point at which they entered the country. AHVLA are planning to turn these dossiers over to Trading Standards inspectors in due course, should the scheme yield good enough results, in the hope that they will lead to more successful prosecutions in the future.

8.2 New EU Regulation A new EU pets regulation, Regulation (EC) No. 576/2013 has been adopted by the European Commission. This will eventually replace the existing Regulation (EC) No 998/2003/EC when its provisions take effect in all member states from 29 December 2014. The purpose of this new regulation is to clarify the animal health requirements that apply to the non-commercial movement of pets following harmonisation across the EU on 1 January 2012. Most of the provisions simply mirror those in the existing regulation but the EU has also included a limited number of amendments to the current pet travel regime. One significant change will be the requirement for a minimum vaccination age of 12 weeks. This would mean that no cat or dog less than 15 weeks old would be able to legally enter the UK (vaccination at 12 weeks, plus a three week wait). The documentation check could therefore be a straightforward comparison of the date of birth and the rabies vaccination date (if there is less than 12 weeks between the two then it is a compliance failure), which should effectively resolve the issue of vaccines being licensed for use at different ages in different countries. 9. Legislation

All legislative references to NCMPAO and TARP, Regulation (EC) No 998/2003/EC and the Rabies Order 1974 which are included in sections 1-8 are listed in Annex I for reference. This Annex also includes any other legal provisions that are relevant to the importation of pet animals, specifically dogs (cats and ferrets). Links to other relevant domestic and EU Regulation are also included for reference at section 10.

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10. Links and Annexes

The Rabies (Importation of Dogs, Cats and other Mammals) Order 1974, as amended – SI 1974 No. 2211

The Non Commercial Movement of Pet Animals Order 2011 – SI/2011/2883

The Trade in Animals and Related Products (Scotland) Regulations 2012 – SSI/2012/177

The Trade in Animals and Related Products Regulations 2011 – SI/2011/1197

The Trade in Animals and Related Products (Wales) Regulations 2011 – SI/2011/2379

Commission Regulation EU 388/2010 implementing Regulation (EC) No 998/2003 of the European Parliament and of the Council as regards the maximum number of pet animals of certain species that may be the subject of non- commercial movement

Council Directive 92/65/EEC laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules – “Balai”

EC 2003/803/EC Commission Decision establishing a model passport for the intra-community movements of dogs, cats and ferrets

EC 2011/874/EU Commission Implementing Decision laying down the list of third countries and territories authorised for imports of dogs, cats and ferrets and for non-commercial movements of more than five dogs, cats and ferrets into the Union and the model certificates for imports and non-commercial movements of those animals into the Union

EC No 282/2004 introducing a document for the declaration of, and veterinary checks on, animals from third countries

EC 97/78EC laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries

EC 91/496/EEC laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries

EU 882/2004 official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules

Annex I - Guidance Legislative References

Annex II - ID46

Annex III - At A Glance Legislation Guidance

Annex IV - Rabisin minimum age requirements in Europe

Annex V – Countries and territories – EU and Non EU listed countries and territories

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Annex I – Guidance Legislative References

The Non-Commercial Movement of Pet Animals Order 2011 – SI /2011/2883 Part 2 – Controls on diseases

Controls on rabies and certain other diseases of mammals – Article 5 (1) The Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974 does not apply to animals landing in Great Britain which:

(a) is an animal of a species listed in Part A or B of Annex I to the Pets Regulation (dogs, cats and ferrets) and is brought into Great Britain on a carrier approved in accordance with article 11 (unless article 11(2) applies: movement is from the Republic of Ireland, or the carrier is a Community air carrier and the movement is of a recognised assistance dog) and satisfies—.

(i) the requirement in respect of rabies in article 6, (microchipped, then vaccinated according to manufacturer’s data sheet) (ii) the requirement in respect of Nipah disease in article 7 (where applicable). (iii) the requirement in respect of Hendra disease in article 8 (where applicable), and (iv) the requirement in respect of Echinococcus multilocularis in article 9 (dogs to be treated within a period of not more than 120 hours and not less than 24 hours before the time of their scheduled entry EU 1152/2011) (where applicable), .

(b) is brought into Great Britain from Northern Ireland, the Channel Islands or the Isle of Man, or (c) is an animal of a species listed in Part C of Annex I to the Pets Regulation and is brought into Great Britain from another member State or a territory listed in Part B of Annex II to the Pets Regulation.

(2) But the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974 does apply to the importation into Great Britain of a pet animal which is:

(a) a prairie dog originating in or coming from the United States of America, or (b) a rodent of non-domestic species or a squirrel originating in or coming from a third country of the African sub-Saharan region Rabies – Article 6

The requirement in respect of rabies is that the animal complies with Article 5 or 8 of the Pets Regulation (as the case may be). (998/2003: Article 5 – movement between member states: dog, cat, ferret should be microchipped as per article 4 and have a passport certifying rabies vaccination carried out before microchipping. Passport should also confirm tapeworm treatment given. Article 8 – movement from third countries: dog, cat, ferret should be microchipped as per article 4 and rabies vaccination carried out, blood test at least 30 days after vaccination, three month waiting period; animal must be accompanied by official veterinary certificate or passport confirming order and all of above.

Echinococcus multilocularis – Article 9 The requirement in respect of Echinococcus multilocularis is that a dog complies with the preventive health measures in Article 7 of the supplementary Regulation, except where those measures do not apply by virtue of Article 2(2) of that Regulation. (dogs to be treated within a period of not more than 120 hours and not less than 24 hours before the time of their scheduled

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entry, does not apply to dogs coming directly from Finland, the Republic of Ireland, Malta and Norway EU 1152/2011). Part 4 – Enforcement

Enforcement authority – Article 13 The local authority enforces the Pets Regulation. In relation to cases of a particular description or to a particular case, the appropriate authority (Ministers) may direct that the relevant instruments be enforced by it instead.

Appointment of authorised officers – Article 14 The local authority or the appropriate authority may authorise officers for the purpose of enforcing the relevant instruments. The following are authorised officers for the purpose of enforcing the relevant instruments:

(a) a person appointed as an inspector or a veterinary inspector for the purposes of the Animal Health Act 1981(1). (b) a person appointed for the purposes of the Non Commercial Movement of Pet Animals (England) Regulations 2004(2) or the Pet Travel Scheme (Scotland) Order 2003(3). Powers of authorised officers – Article 15

(1) An authorised officer may, on producing a duly authenticated authorisation if required, enter any premises at any reasonable hour for the purpose of enforcing the relevant instruments, and in this article “premises” includes any place, trailer, container, vessel, boat, aircraft or vehicle of any other description. (2) An authorised officer may be accompanied by such other persons as the authorised officer considers necessary, including any representative of the European Commission. (3) Admission to premises used wholly or mainly as a private dwelling house may not be demanded as of right unless the entry is in accordance with a warrant granted under paragraph (4) A justice of the peace in England and Wales, or a sheriff, stipendiary magistrate or justice of the peace in Scotland may by signed warrant permit an authorised officer to enter premises used wholly or mainly as a private dwelling house, if necessary by reasonable force, if satisfied, on sworn information in writing (in England and Wales) or by evidence on oath (in Scotland):

(a) that there are reasonable grounds to enter those premises for the purpose of enforcing the relevant instruments, and (b) that any of the conditions in paragraph (5) are met.

(5) The conditions are: (a) entry to the premises has been, or is likely to be, refused, and notice of the intention to apply for a warrant has been given to the occupier. (b) asking for admission to the premises, or giving such a notice, would defeat the object of the entry. (c) entry is required urgently, or (d) the premises are unoccupied or the occupier is temporarily absent.

(6) A warrant is valid for three months. (7) An authorised officer who enters any unoccupied premises must leave them as effectively secured against unauthorised entry as they were before entry. (8) An authorised officer who has entered premises for the purposes of enforcing the relevant instruments may for those purposes:

(a) carry out any examination, investigation or test. (b) inspect and search the premises.

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(c) require the production of any document or record (including a passport or health certificate) and inspect and take a copy of or extract from such document or record. (d) require any person to provide such assistance, information or facilities as is reasonable, (e) seize and detain a pet animal or pet bird. Offences – Article 16

(1) Failure to comply with either of the following is an offence— (a) a notice served under article 10(3), (b) article 11(1), except where article 11(2) applies.

(2) It is an offence— (a) intentionally to obstruct any person acting in the execution of the relevant instruments, (b) without reasonable cause, to fail to give to any such person any assistance or information that that person may reasonably require, (c) to furnish to any such person any information knowing it to be false or misleading (including information contained in a passport or health certificate), or (d) to fail to produce a document or record (including a passport or health certificate) to any such person when required to do so. Penalties – Article 17

(1) A person guilty of an offence under article 16(1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. (2) A person guilty of an offence under article 16(2) is liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale. The Trade in Animals and Related Products Regulations – (TARP- Scotland SSI 2012/177 – England SI 2011/1197– Wales SI 2011/2379 (S, E, W)). Part 1 – Introduction

Exceptions for movement of pet animals – Article 3 (S,E,W) (1) These Regulations do not apply in relation to the movement of pets accompanied by and under the responsibility of a natural person, where—

(a) the movement is not the subject of a commercial transaction; and. (b) in the case of cats, dogs and ferrets, not more than five animals are travelling with the person. .

(2) In this regulation “pet” means any animal of a species listed in Annex I to Regulation (EC) No 998/2003 (cats, dogs, ferrets) on the animal health requirements applicable to the non-commercial movement of pet animals and amending Council Directive 92/65/EEC Part 2 – Movement between Member States

Movement of animals and genetic material between member States – Article 5, (S) 5-8 (E,W)

(1) Subject to paragraphs (4) and (5), no animal or genetic material may be consigned to another member State, or brought into (S,E,W) from another member State, unless:

(a) paragraph (3) has been complied with.

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(b) it is accompanied by the completed, signed health certificate required for that animal or genetic material by the relevant instrument in Schedule 1; and (c) it complies with any additional requirements specified in Part 1 of Schedule 2.

(2) The consignee of an incoming consignment must keep the certificate mentioned in paragraph (1) (b) for at least three years. (3) This paragraph is complied with where:

(a) in the case of consignment to another member State, the consignor has arranged for the competent authority of the member State of destination to be notified at least 24 hours in advance of the intended arrival of consignment, using the Traces system established under Commission Decision 2004/292/EC on the introduction of the Traces system and amending Decision 92/486/EEC (1); (b) in the case of a consignment brought into (S,E,W), the importer or consignee has notified Ministers, at least 24 hours in advance of the intended arrival of the consignment.

(4) Paragraph (1)(a) does not apply to registered horses bearing an identification document provided for by Council Directive 90/427/EEC on the zootechnical and genealogical conditions governing intra-Community trade in equidae(2). (5) Paragraph (1) (b) does not apply to registered equidae or equidae for breeding and production covered by a bi-lateral agreement made under Article 6 of Council Directive 2009/156/EC on animal health conditions governing the movement and importation from third countries of equidae (3). Part 3 – Importation from a third country

Scope of this part – Article 7 (S), 9 (E,W) This Part (a) applies in relation to the importation into (S,E,W) from a country outside the European Union of any animal or product and includes situations where the ultimate destination is outside (S,E,W); and (b) does not apply in the cases specified in Schedule 3. (Schedule 3: Case 6, Animals subject to rabies control: Animals specified in Schedule 1 to the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974(2) and imported in accordance with a licence under that Order)

Meaning of “CVED” – Article 8 (S), 10 (E,W) In this Part, “CVED” means the Common Veterinary Entry Document specified in:

(a) Commission Regulation (EC) No 136/2004 laying down procedures for veterinary checks at Community border inspection posts on products imported from third countries(1); and (b) Commission Regulation (EC) No 282/2004 introducing a document for the declaration of, and veterinary checks on, animals from third countries entering the Community (2).

Place of importation – Article 11 (S), 13 (E,W)

(1) No animal or product may be brought into (S,E,W) other than at a border inspection post designated for that animal or product. (2) In paragraph (1), “designated” means designated in the approval as a border inspection post by the European Commission

Notification of importation – Article 12 (S), 14 (E,W) (1) The person responsible for a consignment of animals must notify its arrival to the border inspection post at least one working day before the consignment is due to arrive

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(2) The person responsible for a consignment of products must notify its arrival to the border inspection post before the consignment is unloaded from the means of transport that brought it to (S,E,W). (3) The notification must be made by submitting the CVED with Part I completed. (4) In the case of transhipment of products to another member State, the person responsible for the consignment must notify the official veterinarian at the border inspection post of arrival, at the time of arrival, of:

(a) the estimated time of unloading of the consignment. (b) the border inspection post at which it will be checked. (c) the location of the consignment; and (d) the estimated time of departure. Action following non-compliance – animals – Article 21 (S), 23 (E,W)

(1) If the checks at a border inspection post show that an animal does not satisfy the conditions in the relevant instrument in Schedule 1 (92/65/EEC and conditions set out in 998/2003 with regards to rabies) and any additional requirements relating to it in Part 2 of Schedule 2, or where such checks reveal an irregularity, the official veterinarian, after consultation with the importer or the importer’s representative, must:

(a) shelter, feed and water and, if necessary, treat the animal. (b) if necessary, place it in quarantine or isolate it for so long as is necessary to ensure that there is no risk to human or animal health; or (c) where animal health or welfare requirements so allow, redispatch it, within a time limit to be set by the official veterinarian, outside the European Union.

(2) If redispatch is impossible, in particular for welfare reasons, the official veterinarian may arrange for the slaughter of the animal. (3) If an animal is seized under regulation 17 (S), 19 (E,W), the enforcement authority must isolate it and, following examination of the animal, either:

(a) release the animal from restriction; or. (b) require the animal to be slaughtered or re-exported outside the European Union.

(4) The importer or the importer’s representative is liable for the costs incurred in these measures but is entitled to the slaughter value of the animal after deduction of these costs. (5) When a horse is imported from a third country under Commission Decision 92/260/EEC, the importer or the importer’s representative must re-export the horse within 90 days of import.

Enforcement – Article 27 (S), 32 (E,W) (1) At a border inspection post these Regulations are enforced:

(a) in relation to animals by Ministers (AHVLA on behalf of Ministers); and (b) in relation to products by the local authority.

(2) Outside a border inspection post, these Regulations are enforced: (a) in relation to animals by the local authority; (b) in relation to products:

(i) except where head (ii) applies, by the local authority; or (ii) by the Food Standards Agency at any cutting plant, game-handling establishment or slaughterhouse, or premises at which the Agency enforces the relevant (S,E,W) Food Hygiene Regulations 2006(1)

(3) In addition, in relation to products, these Regulations are enforced by a general customs official in any place (other than the inspection facilities in a border inspection post) where goods are subject to customs supervision by that official under Articles 37 and 38 of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (4) Ministers may direct, in relation to cases of a particular description or a particular case, that Ministers will discharge any duty imposed on a local authority under this regulation.

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(5) Ministers may recover from the local authority concerned any expenses reasonably incurred by them under paragraph (4). (6) An officer of an enforcement authority who, when exercising any statutory function, discovers at any place under customs supervision a consignment or product which the officer reasonably suspects has been brought into (S,E,W):

(a) in breach of these Regulations; or (b) from a third country and presents a risk to animal or public health.

must notify a general customs official and detain the consignment or product until such officer takes charge of it.

Powers of entry – Article 28 (S) 33 (E,W) (1) An authorised officer may, on producing a duly authenticated authorisation if required, enter any premises (excluding any premises used only as a dwelling house) at any reasonable hour for the purpose of enforcing these Regulations. (2) In this regulation “premises” includes any place, vehicle, trailer, container, stall, moveable structure, ship or aircraft. (3) The officer may be accompanied by such other persons as the officer considers necessary, including any representative of the European Commission. (4) Admission to any premises used only as a dwelling house may not be demanded as of right unless the entry is in accordance with a warrant granted under this regulation. (5) If a sheriff, stipendiary magistrate or justice of the peace, on sworn information in writing, is satisfied that there are reasonable grounds for entry into any premises for the purpose of enforcing these Regulations and that either:

(a) admission to the premises has been refused, or a refusal is anticipated, and that notice of the intention to apply for a warrant has been given to the occupier; or (b) an application for admission, or the giving of such notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier temporarily absent,

the sheriff, stipendiary magistrate or justice may by signed warrant authorise an authorised officer, together with any person who may accompany the officer under paragraph (3), to enter the premises, if need be by reasonable force. (6) A warrant granted under this regulation continues in force for one month. (7) An officer who enters any unoccupied premises must leave them as effectively secured against unauthorised entry as they were before entry.

Powers of authorised officers – Article 29(S), 34 (E,W) An authorised officer may:

(a) inspect and examine any animal; (b) inspect any product, or genetic material, including its packaging, seals, marking, labelling and presentation, and any plant or equipment used for or in connection with it. (c) have access to, and inspect and copy any documents or records (in whatever form they are held), and remove them to enable them to be copied. (d) have access to, inspect and check the operation of any computer and any associated apparatus used in connection with the records, and may require any computer records to be produced in a form in which they may be taken away; (e) seize and detain anything required as evidence. (f) open any bundle, package, packing case, or item of personal luggage, or require any person in possession of or accompanying the same to open it and inspect the contents; and (g) take samples of any animal or product for laboratory tests, for checking against any relevant document relating to the animal or product,

for the purpose of enforcing these Regulations or any condition of import

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Consignments from another member State constituting a risk to health – Article 30 (S), 35 (E,W)

(1) If an animal or genetic material brought in from another member State constitutes a serious risk to human or animal health or comes from a region contaminated by an epizootic disease, an authorised officer may serve a notice on the person appearing to be in charge of the animal or genetic material requiring that person:

(a) to detain and isolate: (i) the animal; and (ii) any animal with which it has been in contact; or (iii) the genetic material

and take such further action as may be specified in the notice for the purpose of preventing the introduction or spreading of disease; or (b) without delay:

(i) to slaughter the animal; or. (ii) to destroy the genetic material.

in accordance with such conditions as may be specified in the notice. (2) An authorised officer who knows or suspects that animals or genetic material do not comply with the provisions of Article 3 of Council Directive 90/425/EEC concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market(1), may, if animal health and welfare considerations so permit, give the person in charge of the consignment or the person appearing to be in charge of those animals or genetic material by way of notice the choice of:

(a) where the cause of non-compliance is the presence in animals of residues in excess of that permitted under regulation 9 of the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations 1997(2), maintaining the animals under supervision until the residue levels fall to the levels permitted by the legislation; . (b) slaughtering the animals or destroying the genetic material in accordance with such conditions as may be specified in the notice; or (c) returning the animals or genetic material to the member State of dispatch, with the authorisation of the competent authority of the member State of dispatch and with prior notification to any member State of transit

(3) If the consignment fails to comply only by reason of an irregularity in respect of the required consignment documentation, the authorised officer may not serve a notice under paragraph (2) unless:

(a) the officer has given the person in charge of the consignment a notice requiring the production of the required documentation within seven days and the detention of the consignment in accordance with the terms of the notice; and . (b) the required documentation has not been produced within that time. .

(4) If a notice served under this regulation is not complied with the authorised officer may seize any animal or genetic material to which it relates, and arrange for the requirements of the notice to be complied with at the expense of the person on whom the notice was served.

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Regulation No 998/2003 of the European Parliament and of the council – on the animal health requirements applicable to the non-commercial movement of pet animals

Article 3 – Definition of Pet Animal

For the purposes of this Regulation:

(a) ‘pet animals’ means animals of the species listed in Annex I which are accompanying their owners or a natural per-son responsible for such animals on behalf of the owner during their movement and are not intended to be sold or transferred to another owner

Article 5 - Provisions applicable to movement between Member States

When being moved, pet animals of the species listed in parts A and B of Annex I must, without prejudice to the requirements laid down in Article 6:

(a) be identified in accordance with Article 4, and

(b) be accompanied by a passport issued by a veterinarian authorised by the competent authority certifying valid anti-rabies vaccination, or revaccination if applicable, in accordance with the recommendations of the manufacturing laboratory, carried out on the animal in question with an inactivated vaccine of at least one anti-genic unit per dose (WHO standard).

2. Member States may authorise the movement of animals listed in parts A and B of Annex I which are under three months old and unvaccinated, if they are accompanied by a passport and have stayed in the place in which they were born since birth without contact with wild animals likely to have been exposed to the infection or are accompanied by their mothers on whom they are still dependent.

Article 7 Movement between Member States or from a territory listed in section 2 of part B of Annex II of animals of the species listed in part C of Annex I shall not be subject to any requirement with regard to rabies. If necessary, specific requirements, including a possible limit on the number of animals, and a model certificate to accompany such animals may be drawn up, in accordance with the procedure laid down in Article 24(2), in respect of other diseases.

Article 8 - Conditions relating to movements from third countries

1. At the time of movement, pet animals of the species listed in parts A and B of Annex I shall:

(a) when they come from a third country listed in section 2 of part B and in part C of Annex II, and enter:

(i) one of the Member States listed in section 1 of part B of Annex II, satisfy the requirements of Article 5(1);

(ii) one of the Member States listed in part A of Annex II, either directly or after transit through one of the territories listed in part B of Annex II, satisfy the requirements of Article 6;

(b) when they come from another third country and enter:

(i) one of the Member States listed in section 1 of part B of Annex II:

- be identified by means of the identification system defined in Article 4, and

- have undergone:

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- anti-rabies vaccination in accordance with the requirements of Article 5, and

- a neutralising antibody titration at least equal to 0,5 IU/ml carried out on a sample taken by an authorised veterinarian at least 30 days after vaccination and three months before being moved.

The antibody titration need not be renewed on a pet animal which has been revaccinated at the intervals laid down in Article 5(1).

This three-month period shall not apply to the re-entry of a pet animal whose passport certifies that the titration was carried out, with a positive result, before the animal left the territory of the Community;

(ii) one of the Member States listed in part A of Annex II, either immediately or after transit through one of the territories listed in part B of Annex II, be placed in quarantine unless they have been brought into conformity with the requirements of Article 6 after their entry into the Community.

2. Pet animals must be accompanied by a certificate issued by an official veterinarian or, on re-entry, by a passport certifying compliance with the provisions of paragraph 1.

3. Notwithstanding the above provisions:

(a) pet animals from the territories listed in section 2 of part B of Annex II for which it has been established, un-der the procedure laid down in Article 24(2), that such territories apply rules at least equivalent to Community rules as provided for in this Chapter, shall be subject to the rules laid down in Chapter II;

(b) the movement of pet animals between, respectively, San Marino, the Vatican and Italy, Monaco and France, Andorra and France or Spain, and Norway and Sweden may continue under the conditions laid down by national rules in force on the date laid down in the second paragraph of Article 25;

(c) in accordance with the procedure laid down in Article 24(2) and on conditions to be determined, the entry of unvaccinated pet animals under three months old of the species listed in part A of Annex I from the third countries listed in parts B and C of Annex II may be authorised where the rabies situation in the country concerned so warrants.

4. The arrangements for implementing this Article, and in particular the model certificate, shall be adopted in accordance with the procedure laid down in Article 24(2).

Article 14 At the time of any movement, the owner or natural person responsible for the pet animal must be able to present the authorities responsible for checks with a passport or the certificate provided for in Article 8(2) certifying that the animal meets the requirements laid down for such movement. In particular, in the case referred to in point (b) of the first subparagraph of Article 4(1), where the transponder does not comply with ISO Standard 11784 or Annex A to ISO Standard 11785, the owner or natural person responsible for the pet animal must provide the means necessary for reading the transponder at the time of any inspection. Where such checks reveal that the animal does not meet the requirements laid down in this Regulation, the competent authorities shall decide in consultation with the official veterinarian: (a) to return the animal to its country of origin; (b) to isolate the animal under official control for the time necessary for it to meet the health requirements, at the expense of the owner or the natural person responsible for it; or (c) as a last resort, to put the animal down, without financial compensation, where its return or isolation in quarantine cannot be envisaged.

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Member States shall ensure that animals which are refused authorisation to enter Community territory are housed under official control pending return to their country of origin or any other administrative decision.

The Rabies (Importation of Dogs, Cats and other Mammals) Order 1974

Article 5 – Detention and Isolation in quarantine

(1) Where an animal specified in Part I of Schedule 1 to this order is landed in Great Britain in accordance with a licence granted under Article 4 above, it shall, after being so landed, be immediately detained and isolated in quarantine at its owner's expense for the rest of its life, at such premises and subject to such conditions as may be specified in the licence; and in the event of such an animal being born in Great Britain (whether or not its parents or any one of them was brought from a place outside Great Britain) it shall, for the purposes of this order, be deemed to be an animal brought from a place outside Great Britain, and the foregoing provisions of this paragraph with regard to detention and isolation in quarantine for life shall apply to that animal. (2) Where an animal specified in Part 2 of Schedule 1 to this order is landed in Great Britain in accordance with a licence granted under Article 4(3) it must be immediately detained and isolated in quarantine at its owner’s expense at such premises and subject to such conditions as may be specified in the licence. (2A) But paragraph (2) does not apply to any animal of the order Rodentia or Lagomorpha where the licence states that it is being brought into Great Britain –

(a) for use at research premises in connection with scientific research; or (b) to an establishment licensed as a zoo under section 1 of the Zoo Licensing Act 1981.

(2B) The period of quarantine required under paragraph (2) is – (a) in the case of an animal subject to Article 5 or 8 of the Pets Regulation, the period ending with the Pets Regulation quarantined end date. (b) in any other case, subject to paragraph (2C), four months.

(2C) The Secretary of State (in England), the Scottish Ministers (in Scotland) or the Welsh Ministers (in Wales) may authorise release of an animal which is not subject to Article 5 or 8 of the Pets Regulation from quarantine or waive its period of quarantine if satisfied that such release will present negligible risk of the introduction of rabies into or spread of rabies within Great Britain. (2D) Any offspring born to an animal during its quarantine must be kept in quarantine for the remainder of the period of the dam’s quarantine, unless the release of either animal is authorised under paragraph (2C).” (3) The Minister may by licence permit two or more animals required to be detained under the foregoing provisions of this Article to be kept together in quarantine, subject to such conditions as may be specified in the licence: Provided that, where the licence is granted in respect of two or more animals to which paragraph (2) above applies, the period of quarantine referred to in paragraph (2B) shall, unless the animals are subject to Article 5 or 8 of the Pets Regulation or the Minister otherwise directs, be computed in respect of all the animals to which the licence relates by reference to the latest date on which any such animal was landed in Great Britain. (4) Where the Minister is satisfied that exceptional circumstances exist, he may by licence permit other animals to be kept with animals being detained in quarantine under the foregoing provisions of this Article, subject to compliance with such conditions as may be specified in the licence; and where an animal to which such a licence relates has been in contact with an animal detained under the foregoing provisions of this Article, it shall remain in quarantine at its owner's expense for the remainder of the period applying in respect of the animal with which it has been in

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contact, or for such shorter period as the Minister may in any particular case direct, and shall be treated for the purposes of this order as an animal which has been brought to Great Britain from a place outside Great Britain. (5) Notwithstanding the foregoing provisions of this Article, where an outbreak of rabies occurs at authorised quarantine premises, or where the Minister has reason to suspect that an animal detained or previously detained at such premises may be or may have been affected with that disease, he may (without prejudice to the operation of the provisions of the Rabies Order of 1938(1), or of any order amending, extending or replacing that order), by notice in writing served on the veterinary surgeon or registered medical practitioner supervising the premises, and (where practicable) on the owner of any animal detained thereat, require that any such animal be detained and isolated at its owner's expense for such longer period as may be specified in the notice, and subject to such conditions as may be so specified.

Article 13 - Action in case of illegal landing or breach of quarantine

(1) Without prejudice to Article 14 below, where— (a) an animal which is required to be detained and isolated in quarantine under any of the provisions of this order, or under the provisions of a licence granted or notice served hereunder, is not so detained and isolated, or

(b) there is reason to believe that an animal has been landed in Great Britain in contravention of this order or of a licence granted hereunder, an inspector may by written or oral notice served on the person appearing to him to be in charge of the animal, require that person, at the expense of the owner of the animal or of the person on whom the notice is served, immediately to detain and isolate the animal, and, within the time specified in the notice, to ensure that it is moved in such manner, and in compliance with such conditions, as may be so specified—

(i) to a vessel, vehicle or aircraft for exportation; or

(ii) to authorised quarantine premises for the purpose of detention and isolation in quarantine at its owner's expense for a period of four calendar months from the date of the notice, or for such shorter period as may be specified therein.

(1A) But where an animal is subject to Article 5 or 8 of the Pets Regulation, the period of quarantine under paragraph (1) must end on the Pets Regulation quarantine end date (and notice given under that paragraph ceases to have effect on that date).

(2) If any person on whom a notice is served under paragraph (1) above fails to comply with the requirements thereof, an inspector or a constable may, without prejudice to any proceedings for an offence arising from such default, or arising in connection with any other contravention of this order or of a licence granted or notice served hereunder, seize or cause to be seized the animal to which the notice relates, and arrange for the notice to be complied with; and the person on whom the notice was served, and the owner of the animal and any other person having charge thereof, shall render all reasonable assistance to an inspector or a constable to enable him to exercise the power conferred by the foregoing provisions of this paragraph, and the reasonable expenses incurred in the exercise of that power shall be recoverable on demand by the Minister, the local authority or, as the case may be, the police authority as a civil debt from the owner of the animal, or from the person on whom the notice was served.

(3) The operation of a notice served under paragraph (1) above may be terminated by notice to that effect given by an inspector to the owner or person in charge of the animal on proof to the satisfaction of the inspector that the animal was not landed in Great Britain in contravention

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of this order, or of a licence granted hereunder, or that four calendar months have expired since the date of the landing of the animal.

(3A) But—

(a) where an animal is subject to Article 5 or 8 of the Pets Regulation, the notice may not be terminated under paragraph (3) before the Pets Regulation quarantine end date,

(b) where an animal is not subject to Article 5 or 8 of the Pets Regulation, the Secretary of State (in England), the Scottish Ministers (in Scotland) or the Welsh Ministers (in Wales) may, if satisfied that release of the animal from quarantine or waiver of its quarantine period will present negligible risk of the introduction of rabies into or spread of rabies within Great Britain, terminate the operation of the notice by notice given to the person in charge of the animal.

(4) Without prejudice to Article 14 below, where in respect of an animal to which paragraph (1) above applies an inspector—

(a) has reasonable grounds for believing that the animal does not have an owner, or (b) is unable, after reasonable inquiry, to trace the owner of the animal, or any person otherwise having charge of it, or (c) has reason to believe that the service of a notice under paragraph (1) above would result in an unreasonable delay in dealing with the animal, he may seize the animal, or cause it to be seized and arrange for its exportation or detention and isolation in quarantine at authorised quarantine premises:

Provided that he shall (where the identity of the owner of the animal is known or subsequently becomes known to him), as soon as practicable, inform that person in writing of the action he has taken.

(5) The reasonable expenses incurred in the exercise of the power conferred on an inspector by paragraph (4) above shall, without prejudice to any proceedings arising in connection with any contravention of this order, or of a licence granted hereunder, be recoverable on demand by the Minister or, as the case may be, the local authority as a civil debt from the owner of the animal.

(6) Nothing in this Article shall affect the powers of the Commissioners of Customs and Excise to seize or detain as liable to forfeiture under the Customs and Excise Acts and animal which is landed in Great Britain in contravention of this order, or of a licence granted hereunder, or to institute legal proceedings under those Acts in respect of such contravention.

Article 14 - Power to destroy imported animals

(1) An inspector or a constable may seize or cause to be seized, and thereafter destroy or cause to be destroyed any animal landed in Great Britain in contravention of this order, or of a licence granted hereunder, or any animal in respect of which there is, after it has been landed, a contravention of any such licence, and the reasonable expenses incurred in the exercise of the power conferred by the foregoing provisions of this paragraph shall, without prejudice to any proceedings arising in connection with a contravention of this order, or of a licence granted hereunder, be recoverable on demand by the Minister, the local authority or, as the case may be, the police authority as a civil debt from the owner of the animal.

(2) But, where the animal is subject to Article 8 of the Pets Regulation, paragraph (1) is subject to Article 14(c) of the Pets Regulation.

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Article 16 - Summary offences

(1) No person shall land or attempt to land an animal in Great Britain the landing of which is

prohibited under Article 4(1) above, or cause or permit the landing or attempted landing of any such animal.

(2) It shall be unlawful to contravene any provision of this order, or of a licence granted or notice served hereunder, or to fail to comply with any such provision, or to cause or permit any such contravention or non-compliance.

(3) This article does not apply to the landing or attempted landing of an animal subject to Article 5 of the Pets Regulation brought directly into Great Britain from a place in the Republic of Ireland.

Article 17 - Indictable offences

(1) Without prejudice to section 80 of the Act (summary proceedings), any person who knowingly, and with intent to evade any provision of this order, or any provision of a licence granted hereunder—

(a) lands or attempts to land an animal in Great Britain the landing of which is prohibited by Article 4(1) above, or causes or permits the landing or attempted landing of any such animal, or

(b) lands or attempts to land an animal in Great Britain in contravention of any provision of this order, or of a licence granted hereunder, or in respect of the landing of an animal in Great Britain, fails to comply with any such provision, or causes or permits any such contravention or non-compliance, or

(c) with respect to an animal which has been landed in Great Britain, does or omits to do anything relating to the detention and isolation in quarantine of the animal in contravention of any provision of this order, or of a licence granted hereunder, commits an offence against the Act, and shall be liable to prosecution on indictment.

(2) This article does not apply to the landing or attempted landing of an animal subject to Article 5 of the Pets Regulation brought directly into Great Britain from a place in the Republic of Ireland.

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Annex II - ID46 Department for Environment, Food and Rural Affairs Scottish Government Welsh Government Animal Health Act 1981 The Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974 (as amended)

Notice under Article 13 Requiring Detention or Exportation of Animals for Contravention of the above Order or of a Licence

1. Name of person in charge of the animal(s) to whom this notice applies

2. Address of person in charge of the animal(s) to whom this notice applies

Postcode

Tel No. (incl. national dialling code)

3. Name and address of owner (if different to 1 and 2)

Postcode

Tel No. (incl. national dialling code)

4. Description of the animal(s)

5. Country of origin of animal(s)

6. Port/airport/terminal of landing

Date of landing

7. Has the animal(s) travelled on an approved route but failed the Pets Travel Scheme (PETS) check?

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8. Please state the reasons for the issue of this notice

I, being an inspector

of acting in accordance

with the provisions of Article 13 of the above Order, require you the person in charge (named at 1 above) of the animal(s) (described at 3 above) which were/was landed in Great Britain in contravention of the above Order, to make arrangements at your own expense, or the expense of the owner of the animal (named at 2 above) with

(name of Authorised Carrying Agent)

for the animals to be moved in his/her charge, and in accordance with the conditions overleaf, by the shortest practicable route to:

(*delete as appropriate)

*Detention -

Quarantine Kennels for the purpose of detention and isolation in quarantine for a period of four calendar months from the date of landing in GB or for pets until such time as the animal(s) comply with the requirements of the PETS Travel Scheme.

*Export – the following vessel/airline (state flight number), namely

at the port/airport/terminal of

for the purpose of exportation. Your attention is drawn to Article 14 of the above Order, under the provisions of which an inspector may destroy or cause to be destroyed any animal landed in Great Britain in contravention of this Order or of a licence granted under it, or any animals in respect of which there is a contravention of the provisions of a licence after the animal has been landed. Failure to comply with the requirements of this notice (whether or not any proceedings are instituted for an offence arising out of such failure, or in relation to any contravention of the above Order or of a licence granted under it) may result in the animal(s) being seized and either:

detained or exported in accordance with the requirements of this notice; or

destroyed.

Any costs arising from such seizure, including expenses incurred in connection with the carriage, accommodation or disposal of the animal(s), will be recoverable from you or the owner of the animal(s). This notice must be produced at all reasonable times on demand to an officer of the Animal Health and Veterinary Laboratories Agency (AHVLA), an officer of the Scottish or Welsh Government, an officer of UK Board Force or a police officer.

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Signature

Office address

Name in BLOCK LETTERS

Date

Tel. No.

Important notice to the Inspector issuing this notice Copies of this notice must be sent immediately to:

Specialist Service Centre for Exports & Imports Animal Health and Veterinary Laboratories Agency Hadrian House Wavell Drive Carlisle Cumbria CA1 2TB Tel: 01228 403600 Fax:01228 591900, or

the Regional Veterinary Lead/Scotland Veterinary Lead/Veterinary Lead Wales, and

the Local Authority

if the animal(s) is to be exported, the principal Officer of the HM Revenue and Customs at the port/airport/terminal from which the animal(s) is/are to be exported.

FAIR PROCESSING NOTICE

Defra, the Scottish Government, the Welsh Government and the Food Standards Agency are data controllers in common in

respect of relevant personal data processed by the Animal Health and Veterinary Laboratories Agency (AHVLA). For the

purposes and usage of the data and the data sharing arrangements, please see the full Data Protection Statement on the

AHVLA website. A hard copy of this information can be provided if required; please contact your local AHVLA

Office/Laboratory. AHVLA will not permit any unwarranted breach of confidentiality or act in contravention of their obligations

under the Data Protection Act 1998.

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Conditions attached to this notice

Condition 1 Immediately on service of this Notice, the animal(s) to which it relates shall be isolated, and shall not be permitted to come into contact with any other animal other than an animal with which it was/they were landed in Great Britain. Any movement of the animal(s) from the place of isolation (whether to quarantine premises, a vessel or aircraft for exportation or otherwise) shall only be undertaken by a carrying agent authorised by the Secretary of State, and shall be effected strictly in accordance with the conditions subject to which that agent’s authorisation was given. During transit between the place of landing and the authorised quarantine premises or the port/airport of exportation, the animal shall at all times be confined in a suitable container or crate approved by the Carrying Agent, and shall not be allowed to come into contact with any other animal. A red label (Form ID 44/RM 55) shall be affixed by the Carrying Agent to the container or crate. The animal shall only be moved by authorised means of transport under the control of the Carrying Agent. The Carrying Agent shall be responsible for the safe delivery of the animal at the said authorised place of detention or on board the vessel or to the airline of export at the port/airport of export. The animal must not be handed over during transit to the owner or any other person other than the representative of the Carrying Agent.

Condition 2 All costs arising in connection with the detention, vaccination or carriage of an animal to which this notice relates, or otherwise arising in relation to such animal by virtue of this notice, shall be payable by the person on whom this notice is served, or by the owner of the animal.

Conditions applying in respect of animals directed into quarantine

Condition 3

Any dog or cat which has no validated vaccination for rabies in compliance with Article 5 or 8 of the PETs Regulations shall, as soon as practicable after arrival at the place of detention be vaccinated by the Veterinary Superintendent in charge, with rabies vaccine as specified by the Secretary of State.

Condition 4 In event of: (a) an outbreak of rabies occurring at the place of detention, or (b) the animal sharing accommodation with another animal or other animals and any of those

animals dying, the animal may be detained for such further period as the Secretary of State may direct (sharing accommodation will only be allowed in prescribed circumstances, and provided both the owner of the animals and the Veterinary Superintendent of the quarantine premises give a written undertaking to the Department that certain conditions will be met. Sharing will only be allowed if prior permission has been given in writing by the Secretary of State).

Condition 5 At the request of the owner the animal may be licensed to move to another authorised quarantine premises. However, the animal must undergo its first calendar month of quarantine in the premises named overleaf.

Condition 6 In the event of the animal sharing accommodation with another animal or other animals and those animals become rabid during the period of their detention and isolation in quarantine, the Secretary of State may require the animal to be slaughtered.

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Condition 7 Should the animal to which this notice relates die or be lost while in Great Britain, the person in charge of the animal shall immediately report the death or loss by telephone, or fax to the Secretary at the appropriate Department.

Condition 8 If the animal dies in quarantine, the Secretary of State may take, or require to be taken, such action as is considered necessary to determine whether or not the animal was infected with rabies at the time of its death and may dispose of the remains of the animal, or require them to be disposed of, in such manner as he thinks fit.

Condition 9 The artificial insemination of any animal detained under the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974 (as amended), whether from animals similarly detained or otherwise, is prohibited. Further, the artificial insemination of any animal not in quarantine from any animal detained under the above-mentioned Order is also prohibited.

Condition 10 Should the animal give birth to young while it is subject to the conditions of this notice, the person in charge shall report the fact to the appropriate Department at the address given below.

Condition 11 If, after the issue of this notice it is, in the opinion of the Secretary of State, impracticable or undesirable for the animal to undergo quarantine at the place of detention specified in this notice, he may require the animal to be detained and isolated at approved premises other than those specified.

IMPORTANT

The breach of any provision of this notice, or of any

condition subject to which it is issued, or the failure

to comply with any such provision or condition, is an

offence against the Animal Health Act 1981 and may

lead to criminal proceedings being instituted against

the person concerned, and to a fine and/or

imprisonment.

Animal Health and Veterinary Laboratories Agency, Specialist Service Centre for Exports

& Imports, Hadrian House, Wavell Drive, Carlisle, CA1 2TB

Tel: 01228 403600 Fax: 01228 591900

The Animal Health and Veterinary Laboratories Agency is an Executive Agency of the Department for Environment, Food and

Rural Affairs working across Great Britain on behalf of Defra, the Scottish Government and Welsh Government

For AHVLA office use only – HM3

Signature

:

WS No: Location No: 1st RD Ret

Date Unit No: Facility No: 2nd

CL Enc

30

Annex III - At a Glance Legislation Guidance Document

Importing Pet Animals – At a Glance Legislation Guidance

Since the introduction of the NCMPAO, which harmonised the UK pet movement rules with those of the rest of the EU, on 1 January 2012, there has been a steady increase in the number of owners travelling with their pets. In 2012 there was a 61% increase in pets entering GB compared with 2011. There was also an increase in reported illegal landings: from January to November 2012, with 417 pets being seized by Trading Standards as illegal imports compared with 127 for the same period in 2011. Where imports arrive by Eurotunnel or ferry, checks are carried out prior to loading at the port of departure, with a percentage of audit checks carried out on arrival in GB. However, it is becoming apparent that there are a number of individual importers, often travelling together, who are deliberately flouting the rules by bringing in consignments of up to 5 pets each, (the upper limit permitted under Pet Travel rules unless travelling for competitions or sporting events etc.) for the sole purpose of selling on. As such these should be more correctly imported under trade rules for commercial movements of animals as provided by the relevant Trade in Animals and Related Products Regulations for Scotland, England and Wales. Pets arriving by air are checked in GB.

The Non-Commercial Movement of Pet Animals Order 2011 (“the 2011 Order”) implementing EU Regulation 998/2003

These rules enable pets (this Guidance note relates specifically to movements of pet dogs, cats and ferrets) to enter the UK without the need for quarantine, so long as they meet the requirements for travel. EU Regulation 998/2003 that underpins the Order defines a pet animal as: dogs/cats/ferrets which are accompanying their owners or a natural person responsible for such animals on behalf of the owner during their movement and are not intended to be sold or transferred to another owner. If the following Pet Travel Rules are not adhered to, and an import licence has not been granted in advance, the Rabies Order 1974 will apply and pets must be quarantined until such time as they meet all required conditions for entry.

Pet Travel Rules

Actions Member States, listed non-EU Countries (Annex 5)

Unlisted non-EU Countries (Annex 5)

Republic of Ireland (ROI)

Microchipping Or legible tattoo imprinted before

3rd

July 2011 (Before any of the

following steps are carried out)

Yes Yes Yes

Vaccinated against rabies (In accordance with the vaccine

manufacturer’s data sheet in the

country of export)

Yes Yes Yes

Blood test No Yes No Sample to be taken 30

days after vaccination

Pre-entry waiting period Yes Yes Yes At least 21 days after

vaccination

3 months after blood

sample date

At least 21 days

after vaccination

Tapeworm treatment (Dogs only 1-5 days before arrival

Yes

Yes No

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in UK) (must be carried out by a

qualified vet) No treatment is required for dogs travelling directly from Ireland, Finland, Malta or Norway

Documents required (EU Pet Passport (as per Annex I

of Commission Decision

2003/803/EC) or an official third

country veterinary certificate (as

per Annex II of Commission

Implementing Decision

2011/874/EU))

Yes Yes Yes

Approved route of travel (Travel must be with an approved

transport company on an

authorised route)

Yes Yes No

Trade in Animals and Related Products Regulations (TARP) Scotland SSI 2012/177 – England SI 2011/1197– Wales SI 2011/2379 (implementing Council Directive 92/65/EEC (Balai)

TARP applies to the non-commercial movements of more than 5 pet animals and to the commercial movements of pets regardless of numbers. Regulations for microchipping, rabies vaccination, blood tests, pre–entry waiting period and tapeworm treatment are the same as for non-commercial imports under PETS. In addition, the conditions of Council Directive 92/65/EC must also be met for commercial imports of pet animals. Under TARP where the non-compliance constitutes a serious health risk to either human or animal health, animals can be quarantined until such time as they meet all required conditions for entry. The Rabies Order 1974 may also apply to animals landed in breach of the following requirements.

Commercial Pet Imports – Additional Requirements

TARP Requirements EU Member States3 Non-EU Countries

Registered holding Yes No Holding must be registered with the EU Member

State of origin

Pre-Entry notification Yes Yes 1) MS of origin notifies destination MS via

TRACES 24hrs in advance

2) Importer notifies local AHVLA office 24hrs in

advance in writing

BIP notified in writing,

24 hours in advance

with submission of

Common Veterinary

Entry Document (CVED)

(Part 1)

Documents required Yes Yes 1) passport based on Commission Decision

2003/803/EC, Annex I (for intra-EU movements of

dogs, cats and ferrets)

and

2) completed, signed Intra Trade Animal Health

Certificate (ITAH) required for that animal (Council

Directive 92/65/EC) confirming; 24hrs before

dispatch clinical examination was carried out by a

vet, document to be kept by importer for 3yrs

CVED based on Regulation (EC) No 282/2004, Annex II of Decision 2011/874 used for commercial import from all Third Countries

3 Trade with Iceland, Liechtenstein, Norway and Switzerland under any agreement between those countries and the

European Union is treated as trade between member States for the purposes of these Regulations.

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Approved route of travel (Transporter authorised to

transport animals commercially)

Yes Yes

Checks on arrival No Yes AHVLA carries out checks on high risk

consignments (such as traded puppies, rescue

dogs imported for re-homing except from ROI and

3rd

Country imports that were checked at a non-

UK BIP, where there are more than five animals

per importer or the animals are destined for

breeding and production).

Entry must be via a

Border Inspection Post

(BIP),

Official veterinary (OV)

checks under article 4 of

Council Directive

97/78/EC, article 4 of

Council Directive

91/496/EEC or article

14(1) of Regulation (EU)

882/2004, to issue

CVED (copy kept for 3

years by BIP)

Enforcement and legislative powers

Responsibility for enforcement of the TARP Regulations at a BIP lies with Ministers and is carried out on their behalf by AHVLA; responsibility outside a BIP rests with the local authority unless the Ministers direct otherwise.

General Issues of non-compliance (i.e. Rabies vaccination expired or no tapeworm treatment) -Legislation requires that animals should be placed in quarantine until they satisfy the requirements of Articles 5, 7 & 8 of EC Regulation 998/2003 (i.e. rabies vaccination followed by 3 weeks quarantine or receive tapeworm treatment etc.)

In cases where it is suspected that importers are using the NCMPAO provisions to import pets that are destined for resale, the underlying difficulty is primarily an evidential one of being able to establish that, as per Article 3(1) of TARP the purpose of the underlying transaction was commercial in nature, in which case all the requirements of the Balai Directive as implemented by TARP must be satisfied and not just those which are also required by the NCMPAO.

It is important that all statutory enforcement powers/options available to deal with such offences are considered and exercised as appropriate.

Warrants – entry of premises – seizure of animals

Warning letters

Prosecution – fines - imprisonment

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Annex IV – Information currently available for Rabisin® minimum age requirements in Europe (to note this is not a comprehensive list, and as it is frequently subject to change, accuracy cannot be guaranteed and therefore this should only be used as a guide)

Country

Minimum age National law related to minimum age

Austria 1 injection from 3m of age None

Belgium 1 injection at from 4 weeks of age (non-vaccinated dams) + 1 injection at 6m of age or 1 injection at 3m of age (vaccinated dams)

None

Bulgaria 1 injection at 3m of age None

Cyprus (Greek) 1 injection at 4 weeks of age (non-vaccinated dams) or 1 injection at 11 weeks of age (vaccinated dams)

3m of age

Czech Republic 1 injection at 3m of age 3m of age

Denmark 1 injection at 4 weeks of age (non-vaccinated dams) or 1 injection at 11 weeks of age (dams vaccinated within 3 months prior to parturition)

None

Estonia 1 injection at 3m of age 3m of age (12 weeks)

Finland 1 injection at 3m of age or 1 injection before 3m of age + 1 injection at 3m of age

None

France 1 injection at 3m of age None

Germany 1 injection from 3m of age 3m of age

Greece 1 injection at 4 weeks of age (non-vaccinated dams) or 1 injection at 11 weeks of age (vaccinated dams)

3m of age

Hungary 1 injection at 3m of age 3m of age

Ireland 1 injection at 3m of age None

Italy 1 injection at 3m of age None

Latvia 1 injection at 3m of age 3m of age

Lithuania 1 injection at 4 weeks of age (non-vaccinated dams) or 1 injection at 11 weeks of age (vaccinated dams)

4 weeks of age

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Luxembourg 1 injection at from 4 weeks of age (non-vaccinated dams) + 1 injection at 6m of age or 1 injection at 3m of age (vaccinated dams)

None

Malta NA Rely on French MA

None

Netherlands 1 injection at 3m of age None

Norway 1 injection at from 3m of age (+ 1 injection 3/4 weeks later recommended to reach a serological titre ≥ 0,5)

None

Poland 1 injection at 3m of age 3m of age

Portugal 1 injection at 3m of age None

Romania 1 injection at 4 weeks of age (non-vaccinated dams) or 1 injection at 11 weeks of age (vaccinated dams)

None

Slovakia 1 injection at 4 weeks of age (non-vaccinated dams) or 1 injection at 11 weeks of age (vaccinated dams)

3m of age

Slovenia 1 injection at 3m of age 3m of age

Spain 1 injection at 3m of age In most of regions: From 3m of age

Sweden 1 injection from 3m of age + 1 injection 3/4 weeks later

None

United Kingdom 1 injection at 3m of age None

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Annex V - Countries and territories Under the Pet Travel Scheme, all pet dogs, cats and ferrets (including assistance dogs) can enter or re-enter the UK from any country in the world without quarantine provided they meet the rules of the scheme. These rules are different depending on which country or territory the pet is travelling from. European Union (EU) countries and territories:

•Austria •Guadeloupe

•Azores •Hungary

•Balearic Islands •Ireland

•Belgium •Italy

•Bulgaria •Latvia

•Canary Islands •Lithuania

•Ceuta •Luxembourg

•Croatia •Madeira

•Cyprus (1) •Malta

•Czech Republic •Martinique

•Denmark •Melilla

•Estonia •Netherlands

•Faroe Islands •Poland

•Finland •Portugal

•France •Reunion

•French Guiana •Romania

•Germany •Slovakia

•Gibraltar •Slovenia

•Greece •Spain

•Greenland •Sweden

(1) Dogs, cats and ferrets prepared for the Pet Travel Scheme in, or returning to the UK from the Republic of Cyprus, may enter or re-enter the UK without a blood test. However, animals travelling from north Cyprus (the area north of the Buffer Zone) must be blood sampled at least 30 days after vaccination against rabies and wait 3 months before travelling to the UK. (2) Includes St Barthelemy and St Martin (French part of the island) There are no requirements for pets travelling directly between the UK and either the Channel Islands or the Isle of Man. Owners of pets entering the Channel Islands, Isle of Man or the Republic of Ireland from outside the UK should contact the appropriate authorities in those countries for advice on approved routes and any other requirements. For Jersey visit the States of Jersey website or e-mail rva@gov.je. For Isle of Man visit the Isle of Man government website For the Republic of Ireland visit www.agriculture.gov.ie or e-mail pets@agriculture.gov.ie, or ring the Helpline on +353 1 6072827.

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Non-EU listed countries and territories Non-EU listed countries and territories are those which the EU considers do not present a higher risk of rabies incursion compared to pet movements within the EU. Non-EU listed countries and territories are:

•Andorra •Malaysia (4)

•Antigua and Barbuda •Mauritius

•Argentina •Mayotte

•Aruba •Mexico

•Ascension Island •Monaco

•Australia (1) •Montserrat

•Bahrain •New Caledonia

•Barbados •New Zealand

•Belarus •Norway

•Bermuda •Russian Federation (3)

•BES Islands (Bonair, Saint Eustatius and Saba) (6)

•Saint Maarten (6)

•Bosnia-Herzegovina •San Marino

•British Virgin Islands •Singapore

•Canada •St Helena

•Cayman Islands •St Kitts and Nevis

•Chile •St Lucia

•Curacao (5) •St Pierre and Miquelon

•Falkland Islands •St Vincent and The Grenadines

•Fiji •Switzerland

•French Polynesia •Taiwan

•Guam •Trinidad and Tobago

•Hawaii •United Arab Emirates (5)

•Hong Kong •USA (7)

•Iceland •Vanuatu

•Jamaica (2) •Vatican

•Japan •Wallis and Futuna

•Liechtenstein

(1) Cats from Australia are prohibited from entering the UK unless they are accompanied by a certificate from the Australian Veterinary Authorities confirming that they have not been on a holding where Hendra virus has been confirmed during the 60 days prior to export. (2) Although Jamaica is a qualifying country under the EU Regulation, Jamaican law currently prevents the involvement of that country in the Pet Travel Scheme. Animals prepared for the Scheme may not enter Jamaica and animals may not be prepared for the Pet Travel Scheme in Jamaica. (3) The Russian Federation consists of 88 subjects (regions). Please note that the following Republics are not part of the Russian Federation: Moldova, Georgia, Ukraine, Armenia, Azerbaijan, Turkmenistan, Uzbekistan, Kazakhstan, Kyrgyzstan and Tajikistan. (4) The import into UK quarantine of dogs and cats from Malaysia (Peninsula) is prohibited unless health certification provided by the Malaysian veterinary authorities is provided which confirms that the cat or dog: •has had no contact with pigs during at least the 60 days prior to export

37

•has not been resident on holdings where during the past 60 days any case of Nipah disease has been confirmed •has been subjected with a negative result to an IgC capture ELISA test carried out in a laboratory approved for testing for antibody against the Nipah disease viruses by the competent veterinary authorities on a sample of blood taken within 10 days of export In order to enquire about arrangements for the test to be carried out and obtaining the health certification, you will need to contact the Malaysian veterinary authorities on 006 03 88702000. The original health certification must accompany the dog/cat to the UK and be handed to the authorised carrying agent nominated to collect the dog/cat from the port/airport of landing in the UK. (5) The UAE consists of the following states Abu Dhabi, Dubai, Al Sharjah, Ras Al Khaimah, Ajman, Umm Al Quwain, and Al Fujairah. (6) Formally known as the Netherland Antilles. The BES Islands are Bonair, Saint Eustatius and Saba. (7) The mainland United States of America as well as American Samoa, Guam, Northern Mariana Islands, Puerto Rico and the US Virgin Islands. Unlisted countries An unlisted country is any country not stated in the above lists of EU or non-EU countries. These countries have not applied or been accepted for listed status because of less robust veterinary or administrative systems or higher rabies incidence. The rules for how to bring a pet into or back into the UK are different for unlisted countries than they are for EU member states and listed countries.