The Trade in Animals and Related Products Regulations 2011

Extract

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The Trade in Animals and Related Products Regulations 2011

Statutory Instruments

Animals, England

Agriculture, England

Made

27 th April 2011

Laid before Parliament

4 th May 2011

Coming into force

25 th May 2011

The Secretary of State is a Minister designated(1) for the purposes of making Regulations under section 2(2) of the European Communities Act 1972(2) in relation to the common agricultural policy of the European Union.

These Regulations make provision for a purpose mentioned in that section and it appears to the Secretary of State that it is expedient for the references to the European instruments in Schedule 1 to these Regulations to be construed as references to those instruments as amended from time to time.

In accordance with section 56(1) of the Finance Act 1973(3) , the Treasury consent to the making of these Regulations.

The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1 A of Schedule 2 to, the European Communities Act 1972.

PART 1 Introduction

Title, application and commencement

1.  These Regulations may be cited as the Trade in Animals and Related Products Regulations 2011; they apply in England and come into force on 25 th May 2011.

Interpretation

2.—(1) In these Regulations—

“animal” means an animal of any kind, including a bird, fish or invertebrate;

“enforcement authority” has the meaning given in regulation 31;

“genetic material” means hatching eggs and animal semen, ova or embryos;

“product” means a product listed in Annex I to Commission Decision 2007/275/EC (concerning lists of animals and products to be subject to controls at border inspection posts under Council Directives 91/496/EEC and 97/78/EC(4)) and, in addition, hay and straw.

(2) All references in Schedule 1 to European Union instruments are references to those instruments as amended from time to time.

Exceptions for pet animals

3.—(1) These Regulations do not apply in relation to 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 (on the animal health requirements applicable to the non-commercial movement of pet animals(5)).

International agreements

4.  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.

PART 2 Movement between member States

Movement of animals and genetic material between member States

5.—(1) No animal or genetic material may be consigned to another member State, or brought into England from another member State, unless it is accompanied by the completed, signed health certificate required for that animal or genetic material in the relevant instrument in Schedule 1.

(2) The consignee of an incoming consignment must keep the certificate for at least t...

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