Pet Travel Scheme
(Jersey) Regulations 2011
1 Interpretation
(1) In these Regulations
unless the context otherwise requires –
“carrier” means any undertaking carrying goods or
passengers for hire by sea or air;
“Commission Decision” means Commission Decision (EC)
No. 2006/146 of 21st February 2006 on certain protection measures
with regard to certain fruit bats, dogs and cats coming from Malaysia
(Peninsula) and Australia (O.J. No. L55 25.2.2006 p.44);
“Commission Decision animal” means a pet animal, being a
pet dog or cat, in respect of which the requirements of the Commission Decision
apply;
“Commission Implementing Regulation 2018/878” means Commission
Implementing Regulation (EU) 2018/878 of 18 June 2018 adopting the list of
Member States, or parts of the territory of Member States, that comply with the
rules for categorisation laid down in Article 2(2) and (3) of Delegated
Regulation (EU) 2018/772 concerning the application of preventative health
measures for the control of Echinococcus multilocularis infection in
dogs (O J L 155, 19.6.2018, p. 1);
“Community instrument” has the same meaning as is given
to that expression by the European Communities (Jersey) Law 1973
“Community Regulation” means Regulation (EU) No. 576/2013[1] of the European Parliament
and of the Council of 12 June 2013 on the non-commercial movement of
pet animals and repealing Regulation (EC) No. 998/2003 (O.J. L 146,
13.6.2003, p.1) and includes (except where otherwise specifically indicated) any
other Community instrument amending, supplementing or implementing that
Regulation or otherwise to be read with it;
“compliant animal” means a pet animal of a species
listed in Part A of Annex I to the Community Regulation, the landing
of which in Jersey complies with the requirements of the Community Regulation,
the Implementing Regulation and, if applicable, of the Commission Decision;
“Implementing Regulation” means Commission Implementing
Regulation (EU) No. 577[2] of 28 June 2013 on
the model identification documents for the non-commercial movement of dogs,
cats and ferrets, the establishment of lists of territories and third countries
and the format, layout and language requirements of the declarations attesting
compliance with certain conditions provided for in Regulation (EU)
No. 576/2013 of the European Parliament and of the Council (O.J.
L 178, 28.6.2013, p.109);
“inspector” means a person appointed as such under
Article 6(1) of the Animal Health (Jersey) Law
2016
and includes the States Veterinary Officer appointed under Article 5 of
that Law;
“Minister” means the Minister for the Environment;
“non-compliant animal” means a pet animal of a species
listed in Part A of Annex I to the Community Regulation which is not
a compliant animal;
“prescribed” means prescribed by Order of the Minister.[3]
(2) Unless the context
otherwise requires, terms and expressions used in these Regulations and in the
Community Regulation have the same meaning as in the Community Regulation.
(3) The Minister may by
Order amend any reference in these Regulations to any Community instrument.[4]
(4) For the purposes of
these Regulations, the table in Part 2 of the Annex to Commission Implementing Regulation
2018/878 is to be read as including the United Kingdom, despite any amendments
made to that Annex after Article 2 of the European Union (Jersey) Law
1973
is repealed.[5]
2 Designation
of competent authority for approvals and derogations[6]
(1) The Minister shall be
the competent authority for the purposes of carrying out the functions
conferred on such an authority by the Community Regulation, and in particular
(but without limitation) for the purposes of –
(a) appointing
or authorizing any veterinarian to carry out the functions of an authorized or,
as the case may be, official veterinarian under the Community Regulation;
(b) carrying
out documentary and identity checks in accordance with Articles 33 and 34
of the Community Regulation; and
(c) taking
action, in the case of a non-compliant animal, in accordance with Article 35
of the Community Regulation.
(2) An appointment or
authorization made under paragraph (1)(a) shall be in writing and may
be –
(a) subject
to such conditions as the Minister may consider necessary for the protection of
public or animal health; and
(b) amended,
suspended or revoked by notice in writing at any time.
3 Carriers
(A1) In this Regulation “pet
animal” means a pet animal of a species listed in Part A of
Annex I to the Community Regulation.[7]
(1) A person, including a
carrier, must not bring a pet animal into Jersey unless –
(a) the
animal is brought into Jersey by a carrier approved by the Minister;
(b) the
animal is a recognised assistance dog brought into Jersey in accordance with
Regulation 4(1)(b); or
(c) the
animal is brought into Jersey directly from another part of the British Islands
or the Republic of Ireland.
(2) The Minister shall
grant approval by notice in writing to a carrier under this Regulation if the
Minister is satisfied that, in respect of any pet animal brought into Jersey by
the carrier, the carrier will –
(a) check
that the animal is a compliant animal; or
(b) if
the animal is a non-compliant animal, bring the animal into Jersey only with
the prior approval in writing of the Minister granted under paragraph (3).
(3) The Minister may, upon
payment of the prescribed fee, grant approval for bringing a non-compliant
animal into Jersey from a Member State or third country listed in Part 1
of Annex II to the Implementing Regulation, such approval being addressed
to the owner or the person responsible for bringing the animal into Jersey on
the owner’s behalf and notified by the Minister to the carrier.[8]
(4) The Minister shall not
grant approval under paragraph (3) in respect of an animal which is a
non-compliant animal by reason of its failure to comply with the Commission
Decision.
(5) An approval granted
under paragraph (2) or (3) of this Regulation may contain such conditions
as the Minister considers necessary or expedient to ensure a pet
animal –
(a) is a
compliant animal; or
(b) in
the case of a non-compliant animal, complies with such marking and
identification requirements of the Community Regulation and of the Implementing
Regulation (including requirements as to passports) as apply to a pet animal of
the species in question,
including any conditions relating to checks carried out on behalf of
the carrier.[9]
(6) The Minister may, by
notice, in writing to the carrier, amend any approval given under paragraph (2).
(7) If the Minister is
satisfied that a carrier has failed to comply with a condition of its approval
granted under paragraph (2), the Minister may suspend or withdraw the
approval by giving notice in writing to the carrier with reasons for the
suspension or withdrawal.
(8) A carrier may, within
6 weeks of any notice given to the carrier under this Regulation, appeal
to the Royal Court against the notice or any condition contained in the notice
on the ground that it is unreasonable in all the circumstances of the case.
(9) A person
who –
(a) in
the case of a carrier, contravenes paragraph (1), is liable to
imprisonment for 6 months and a fine of level 3 on the standard
scale;
(b) in
the case of any other person, contravenes paragraph (1) without reasonable
excuse, is liable to imprisonment for 6 months and a fine of level 3
on the standard scale.[10]
(10) A carrier who contravenes a
condition of approval granted under paragraph (2) is guilty of an offence
and liable to imprisonment for 6 months and a fine of level 3 on the
standard scale.[11]
(11) A person who contravenes a
condition of approval granted under paragraph (3) is guilty of an offence
and liable to imprisonment for 12 months and a fine.
4 Recognised
assistance dogs
(1) A person must not bring
into Jersey a recognised assistance dog unless –
(a) the
dog is brought into Jersey in accordance with Regulation 3(1); or
(b) the
dog –
(i) is brought into
Jersey by a Community air carrier or a Union carrier, and
(ii) is
a compliant animal.[12]
(2) A carrier who is not
approved under Regulation 3(2) and who brings a recognised assistance dog
into Jersey having received notification of the request to bring the dog at
least 48 hours prior to the estimated time of arrival in Jersey must give
the Minister not less than 36 hours notice of the estimated time of
arrival of the dog in Jersey.
(3) In this
Regulation –
(a) “Community
air carrier” has the same meaning as in Regulation (EC)
No. 1107/2006 of 5 July 2006 concerning the rights of disabled
persons and persons with reduced mobility when travelling by air (O.J.
L 204, 26.7.2006, p.1), and for the purposes of travelling by air
“recognised assistance dog” shall be interpreted in accordance with
that Regulation;
(b) “Union
carrier” has the same meaning as in Regulation (EU) No. 1177/2010 of
the European Parliament and of the Council of 24 November 2010
concerning the rights of passengers when travelling by sea and inland waterways
and amending Regulation (EC) No. 2006/2004 (O.J. L 334, 17.12.2010,
p.1), and for the purposes of travelling by sea and inland waterway
“recognised assistance dog” shall be interpreted in accordance with
that Regulation.[13]
(4) A person who
contravenes paragraph (1) or (2) is guilty of an offence and liable to a
fine of level 2 on the standard scale.
5 Non-
compliant animals arriving in Jersey
(A1) A person must not bring a
non-compliant animal into Jersey.[14]
(1) If a non-compliant
animal is landed in Jersey it shall –
(a) be
detained and isolated in quarantine at its owner’s expense, at such
premises and subject to such conditions as an inspector may direct; or
(b) be
exported, or caused to be exported, from Jersey.
(2) An inspector or a
police officer may seize, or cause to be seized any non-compliant animal
which is required to be detained and isolated under this Regulation, including
any non-compliant animal which has escaped such detention and isolation.
(3) The period of detention
and isolation in quarantine of a non-compliant animal under this Regulation
shall end, unless the animal is a Commission Decision animal to which paragraph (4)
applies, on whichever of the following dates occurs first –
(a) the
date that the animal complies with the identification and documentation
(including passport) requirements of the Community Regulation that apply to
that animal;
(b) the
date that the animal is exported from Jersey under Regulation 6; or
(c) the
date of any other event that ends the period in accordance with the Community
Regulation.
(4) If an animal is a
non-compliant animal because the requirements of the Commission Decision are
not complied with, any period of detention and isolation in quarantine shall
end on the date that the animal is exported from Jersey.
(5) If an inspector is
satisfied that a non-compliant animal is in urgent need of veterinary treatment
of a kind which cannot be administered at the premises where it is detained and
isolated under paragraph (1)(a), an inspector may authorize the movement
of the animal to a place at which such treatment can be administered, subject
to compliance with such conditions as he or she may consider appropriate.
(5A) Subject to paragraph (5B), a
person who contravenes paragraph (A1) is guilty of an offence and liable
to imprisonment for 12 months and a fine.[15]
(5B) A carrier who contravenes paragraph (A1)
is not guilty of an offence if the carrier is an approved carrier and, at the
time the animal is brought into Jersey, the carrier complied with all
conditions of the carrier’s approval that are relevant to the
contravention.[16]
(6) A person who
contravenes any condition under paragraph (1) or (5) shall be guilty of an
offence and liable to imprisonment for 12 months and a fine.
6 Release
from quarantine
(1) An inspector may at any
time, subject to such conditions as the inspector thinks necessary or
expedient, direct the release of a non-compliant animal which is detained and
isolated in quarantine under Regulation 5(1)(a) to allow the animal to be
exported from Jersey at the owner’s expense.
(2) Any person who
contravenes a condition under paragraph (1) shall be guilty of an offence
and liable to imprisonment for 12 months and a fine.
7 Powers
and protection of inspectors[17]
(1) An inspector shall, on
producing if required to do so, some duly authenticated document showing the
inspector’s authority, have a right at all reasonable hours (including
the time of an animal’s landing in Jersey) to –
(a) enter
any land or premises;
(b) stop
any person or vehicle,
for the purpose of administering and enforcing the Community
Regulation or these Regulations.
(2) An inspector shall have
powers to carry out all checks, searches and examinations that may be necessary
to ascertain whether the Community Regulation or these Regulations are being
complied with and, in particular, may require the production of any document or
record and may copy any document or record (whether or not in electronic form).
(3) An inspector searching
a person under this Regulation shall not be entitled to require a person to
remove any of his or her clothing other than an outer coat, jacket, headgear,
gloves and footwear.
(4) A search of a person
under this Regulation must be carried out by someone of the same sex.
(5) In this Regulation
“premises” includes any vessel, boat, aircraft or vehicle of any
other description but does not include premises used exclusively as a dwelling
house.
(6) An inspector is not
personally liable for anything that he or she does –
(a) when
acting in the execution or purported execution of these Regulations; and
(b) when
acting within the scope of his or her employment,
if the inspector is acting in the honest
belief that his or her duty under these Regulations requires or entitles the
inspector to do it.[18]
(7) Paragraph (6) does
not affect any liability of the inspector’s employer.[19]
7A Fees for approvals,
certificates etc.[20]
(1) The Minister may
prescribe fees in respect of –
(a) the
exercise of a function of the Minister, referred to in Regulations 2 or 3;
(b) the
exercise of such a function, or of a function under any provision of the
Community Regulation, by a person appointed or authorized in writing by the
Minister to carry out that function; and
(c) the
carrying out of any inspection, test or official examination carried out by or
on behalf of an inspector under these Regulations or the Community Regulation.
(2) Where a fee is
prescribed under paragraph (1)(a) or (b) for the exercise of a function,
the Minister or (as the case may be) the person appointed or authorized by the
Minister may refuse to exercise that function until the prescribed fee is paid.
(3) A fee prescribed under
paragraph (1)(c) may be recovered by the Minister as a debt.
(4) A fee prescribed under
this Regulation may be calculated in such manner as the Minister may reasonably
determine, including (but without limitation) calculation by reference to rates
which represent reasonable costs and expenses incurred, or to particular units
of time spent, in the exercise of the function or in carrying out the
inspection, test or examination.
8 Obstruction
(1) A person must
not –
(a) intentionally
obstruct any person acting in the execution of any function under the Community
Regulation or under these Regulations;
(b) without
reasonable cause, fail to give any person acting in the execution of any
function under the Community Regulation or under these Regulations any
assistance or information, including any document or record, which that person
may reasonably require for the purposes of any of those functions; or
(c) furnish
to any person acting in the execution of any function under the Community
Regulation or under these Regulations any information (including any
information contained in document or record) that he or she knows to be false
or misleading.
(2) A person who
contravenes this Regulation is guilty of an offence and liable to imprisonment
for 12 months and a fine.
9 Falsification
of passports etc.
(1) A person other than an
authorized or official veterinarian or a person acting at his or her direction
must not alter any part of a passport other than the section giving details of
the pet animal owner’s name and address.[21]
(2) A person must not
knowingly be in possession of –
(a) a
passport or certificate that has been unlawfully altered; or
(b) a
document that falsely purports to be a passport or certificate.
(3) In paragraph (2)
“certificate” means a certificate or other document certifying that
the requirements of the Commission Decision have been met.
(4) A person who
contravenes this Regulation is guilty of an offence and liable to imprisonment
for 12 months and a fine.
9A False representations
etc.[22]
(1) A person is guilty of
an offence if, in purported compliance with a condition in Article 5(2) of
the Community Regulation, the person –
(a) makes
a false representation as to the purpose for which the non-commercial movement
of pet animals is undertaken; or
(b) submits
written evidence which is false in any material respect,
knowing or having reason to believe the representation or (as the case
may be) the evidence to be false.
(2) A person is guilty of
an offence if, in purported compliance with any of Articles 7(2), 11(2),
12(1)(c), 25(3) or 30(3) of the Community Regulation, the person provides a
written declaration which is false in any material respect (including in
particular, but not limited to, signature by the owner or other authorized
person), knowing or having reason to believe the declaration to be false.
(3) A person guilty of an
offence under this Regulation is liable to imprisonment for 12 months and
a fine.
10 Offences by a body corporate etc.
(1) Where an offence under
these Regulations committed by a limited liability partnership, a separate
limited partnership, or body corporate is proved to have been committed with
the consent or connivance of, or to have been attributable to any neglect on
the part of –
(a) any
director, manager, secretary or similar officer of the body corporate; or
(b) any
person who was purporting to act in such a capacity,
the person as well as the body corporate shall be guilty of an
offence and be liable to be proceeded against and punished accordingly.
(2) Where the affairs of a
body corporate are managed by its members, paragraph (1) applies in
relation to acts and defaults of a member in connection with the member’s
functions of management as if the member were a director of the body corporate.
10A Safeguarding
measures[23]
The Minister may by Order amend these
Regulations by any such provisions as he or she thinks necessary or expedient
to give effect to any implementing act adopted by the Commission under Article 36
of the Community Regulation.
11 Revocation
The Non-Commercial Movement
of Pet Animals (Jersey) Regulations 2006 are revoked.
12 Savings
Notwithstanding Regulation 11, any approval of a carrier or
authorization of a veterinarian under the Non-Commercial Movement of Pet
Animals (Jersey) Regulations 2006 shall continue in force as an approval
or authorization under these Regulations and anything done under those
Regulations or, in relation to a pet animal or a Commission Decision animal,
under the Rabies (Importation of Dogs, Cats and other Mammals) (Jersey)
Order 1976 shall have effect as if done under these Regulations.
13 Citation
These Regulations may be cited as the Pet Travel Scheme (Jersey)
Regulations 2011.