S.I. No. 119/2014 - Pet Passport Regulations 2014

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 7th March, 2014.

I, Simon Coveney, Minister for Agriculture, Food and the Marine, in exercise of the powers conferred on me by section 36 of the Animal Health and Welfare Act 2013 (No. 15 of 2013) and, in relation to Regulation 11 of these Regulations, section 3 of the European Communities Act 1972 , (No. 27 of 1972) for the purpose of giving effect to Article 10 of Council Directive 92/65/EEC of 13 July 1992¹ (as amended by Commission Decision 95/176/EC of 6 April 1995² , Commission Regulation (EC) No 1282/2002 of 15 July 2002³ , Commission Regulation (EC) No 1802/2002 of 10 October 2002⁴ , Regulation (EC) No 998/2003 of the European Parliament and of the Council of 26 May 2003⁵ , Council Directive 2004/68/EC of 26 April 2004⁶ , Council Directive 2008/73/EC of 15 July 2008⁷ , Commission Regulation (EU) No 176/2010 of 2 March 2010⁸ , Commission Decision 2010/270/EU of 6 May 2010⁹ , Commission Decision 2010/684/EU of 10 November 2010¹⁰ , Commission Implementing Decision 2012/112/EU of 17 February 2012¹¹ ) and giving full effect to Regulation No. 998/2003 of the European Parliament and of the Council of 26 May 2003¹² (as amended by Commission Regulation (EC) No 1467/2006 of 4 October 2006¹³ , Commission Regulation (EC) No 245/2007 of 8 March 2007¹⁴ , Regulation (EC) No 454/2008 of the European Parliament and of the Council of 21 May 2008¹⁵ , Commission Regulation (EC) No 1144/2008 of 18 November 2008¹⁶ , Regulation (EC) No 219/2009 of the European Parliament and of the Council of 11 March 2009¹⁷ , Commission Regulation (EC) No 898/2009 of 25 September 2009¹⁸ , Regulation (EU) No 438/2010 of the European Parliament and of the Council of 19 May 2010¹⁹ , Commission Delegated Regulation (EU) No 1153/2011 of 30 August 2011²⁰ and Commission Regulation (EU) No 52/2012 of 20 January 2012²¹ ) and Commission Delegated Regulation (EU) No 1152/2011 of 14 July 2011²² , hereby make the following regulations:

1.

Interpretation.

• (1) In these Regulations—

“Council Directive” means Council Directive 92/65/EEC of 13 July 1992 as amended by Commission Decision 95/176/EC of 6 April 1995, Commission Regulation (EC) No 1282/2002 of 15 July 2002, Commission Regulation (EC) No 1802/2002 of 10 October 2002, Regulation (EC) No 998/2003 of the European Parliament and of the Council of 26 May 2003, Council Directive 2004/68/EC of 26 April 2004, Council Directive 2008/73/EC of 15 July 2008, Commission Regulation (EU) No 176/2010 of 2 March 2010, Commission Decision 2010/270/EU of 6 May 2010, Commission Decision 2010/684/EU of 10 November 2010, Commission Implementing Decision 2012/112/EU of 17 February 2012;

“Pet Passport Regulation” means Regulation No. 998/2003 of the European Parliament and of the Council of 26 May 2003 as amended by Commission Regulation (EC) No 1467/2006 of 4 October 2006, Commission Regulation (EC) No 245/2007 of 8 March 2007, Regulation (EC) No 454/2008 of the European Parliament and of the Council of 21 May 2008, Commission Regulation (EC) No 1144/2008 of 18 November 2008, Regulation (EC) No 219/2009 of the European Parliament and of the Council of 11 March 2009, Commission Regulation (EC) No 898/2009 of 25 September 2009, Regulation (EU) No 438/2010 of the European Parliament and of the Council of 19 May 2010, Commission Delegated Regulation (EU) No 1153/2011 of 30 August 2011 and Commission Regulation (EU) No 52/2012 of 20 January 2012.

• (2) A word or an expression used in these Regulations and which is also used in the Pet Passport Regulation has, unless the contrary intention appears, the same meaning in these Regulations that it has in the Pet Passport Regulation.

Movement of dogs, cats and ferrets from Europe

3(1) A person who imports or exports a pet cat, dog or ferret–

• (a) from another Member State, or from a territory listed in section 2 of Part B of Annex II to the Pet Passport Regulation, or

• (b) to another Member State or to a territory listed in section 2 of Part B of Annex II to the Pet Passport Regulation,

commits an offence, unless the animal is identified by means of-

• (i) a clearly readable tattoo applied before 3 July 2011, or

• (ii) an electronic identification system,

as required by Article 4(1) of the Pet Passport Regulation, and is accompanied by a passport as required by Article 5(1) of the Pet Passport Regulation.

• (2) A person who fails to comply with the second subparagraph of Article 4(1) of the Pet Passport Regulation, which provides that the owner of an animal must provide the means necessary for reading a transponder in certain circumstances, commits an offence.

• (3) The operator of a vessel, vehicle or aircraft used to import a cat, dog or ferret (other than from the United Kingdom) shall not import the dog, cat or ferret unless he or she has given the Minister prior notice of the intention to import in accordance with paragraph (4).

• (4) The Minister may direct the period, form and method of notification to be made under paragraph (3) and a person shall comply with the direction.

• (5) This Regulation applies to dogs, cats and ferrets to which either the Pet Passport Regulation or, without prejudice to Regulation 4, Article 10 (2) of the Council Directive refers.

Additional requirements for trade in dogs, cats and ferrets

Movement of dogs, cats and ferrets from third countries

• (a) identified by an identification system as required by Article 8(1),

• (b) has undergone vaccination and testing as required by Article 8(1), and

• (c) is accompanied by a certificate or passport that complies with Article 8(2),

of the Pet Passport Regulation.

Points of landing from third countries

Responsibilities of Transporter

• (2) The operator of a transport business shall maintain for a period of three years a detailed record of the checks carried out to ensure compliance with paragraph (1) and make it available on request to an authorised officer.

• (3) The Minister may direct the form of record to be maintained for the purposes of paragraph (2) and a person shall comply with the direction.

• (4) A record maintained for the purposes of this regulation may be maintained in non-legible form if it is capable of being reproduced in legible form.

Tapeworm treatment

8(1) A person, who imports a dog commits an offence unless—

• (a) the dog has been treated against Echinococcus multilocularis in accordance with Article 7(1), and

• (b) is accompanied by a certificate as provided for in Article 7(3),

of Commission Delegated Regulation (EU) No. 1152/2011 of 14 July 2011.

• (2) Paragraph (1) does not apply to a dog brought into the State from Finland, the United Kingdom, Malta or Norway.

Issue of passport

9(1) A registered veterinary practitioner may—

• (a) on application being made to him or her by the owner of a pet animal, and

• (b) after examining the animal to which the application relates,

issue a passport (“pet passport”) in relation to that animal for the purposes of the Pet Passport Regulation.

• (2) A pet passport shall be in a form and contain such information as the Minister may determine.

• (3) A registered veterinary practitioner may obtain a reasonable supply, anticipating future use, of blank pet passports from the Minister on payment of the fee set by the Minister.

• (4) A registered veterinary practitioner-

• (a) shall store blank pet passports in a secure manner and, in accordance with the directions (if any) of an authorised officer, shall not sell or supply a blank pet passport,

• (b) shall maintain an accurate record for at least five years of the pet passports issued by him or her in a form (if any) as the Minister may require, and

• (c) shall make such returns to the Minister as the Minister may require.

• (5) A record maintained in accordance with paragraph (4)(c) shall be made available for inspection on request to an authorised officer.

• (6) A pet passport remains the property of the Minister and must be produced for inspection or surrendered on request to an authorised officer.

Offences and penalties

Revocations and savers

• (2) A pet passport, certificate, or other document granted under the Regulations revoked by paragraph (1), or referred to in Regulation 17 (3) of those Regulations, remains in force and may be dealt with as if issued under the corresponding provisions of these Regulations.

GIVEN under my Official Seal,

4 March 2014.

SIMON COVENEY,

Minister for Agriculture, Food and the Marine.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

These Regulations deal with the movement of certain pet animals within the EU and from third countries.

Footnotes