Draft Pet Travel Scheme (Jersey) Amendment Regulations 202-

REPORT

Proposal

The Minister is proposing in the Regulations to approve carriers to bring pets to Jersey, from outside the British Islands or the Republic of Ireland, for not more than 5 years under Regulation 3 of the Pet Travel Scheme (Jersey) Regulations 2011. After which the commercial carrier must re- apply, if they so wish, for a new approval. Presently, approvals are granted for an indefinite period.

The Regulations further provide that an inspector may seize documents relating to non-compliant animals, as well as documents that the inspector believes to be false or unlawfully altered.

Background

The risk of introduction by legal movement is extremely low. Rabies is a very serious disease which affects all warm-blooded mammals. It has been virtually eliminated in Europe and North America. The controls applied by this legislation will continue to protect Jersey's pet and human population.

Council Regulation (EU) No. 576/2013 harmonises the animal health controls applicable to the non-commercial movement of pet animals (dogs, cats and ferrets) between Member States and from Third Countries, and repeals Regulation (EC) No. 998/2003. The  Pet Travel Scheme (Jersey) Regulations 2011 govern the movement of pet dogs, cats and ferrets into Jersey from all countries  except  British  Islands.  Movements  from  British  Islands  are  unrestricted  by  this legislation.

Carriers service a growing demand for pet owners wishing to travel with their pets. Carriers have an important role and responsibility in protecting the Island and it is extremely important they have up to date procedures in place to check pets are compliant when arriving on Island. Experience across Europe has shown the Scheme has been used fraudulently for trade and commercial imports which have been disguised as pet imports. The risk of disease introduction by such fraudulent movements is greater than the risk of moving pets accompanied by their owners.

The principal Regulations, adopted in 2011, require that a compliant pet animal, which fulfils all necessary pre-requisites, travels to Jersey using an approved carrier. It is an offence to land an animal which is not transported by an approved carrier. This procedure applies effective control by the approved carrier making the pre-travel checks to establish the animal is eligible to land before it is transported. The accuracy of Approved carriers' checks is audited by the Animal Health and Welfare team in Infrastructure and Environment. A failure of the carrier to adhere to the Regulations and/or terms of approval is an offence.

Only commercial transporters may apply for an approval, which include ferry operators and airlines,  a  charter  airline  must  have  a  valid  air  operator  certificate  (AOC).  Carriers  must demonstrate how they will carry out the necessary checks for the pets, to ensure the pets are compliant when they land. The carrier must have pet checkers, staff that are trained, to check pet passports or an animal health certificate and other official documentations that accompany a pet. They must also demonstrate how they will detect pets that evade checks. The carrier must work with inspectors who are responsible for checks on arrival. Pets may be checked on arrival by inspectors to check for compliance, and check documents that may be false or have been unlawfully altered, and the performance of the carrier.

Requiring a carrier to re-apply ever 5 years will enable officers in the department to check that the carriers continue to have the necessary procedures in place, for charter airlines they have a valid AOC. It will be when the recommended method of procedure can be reviewed and updated which details how the carrier will operate. It will be an opportunity to reaffirm contact details. Jersey has 2 approved ferry operators, no commercial airline operators and 43 charter airlines approved. The charter airline are based in Jersey (6 carriers), Guernsey (1 carrier), UK (10 carriers), Switzerland (1 carrier) EU (23 carriers) and United States (2 carriers). Pets can travel from the following countries: Barbados, United States, All EU countries, Norway, Switzerland, Andorra, San Marino, Iceland, Liechtenstein, Monaco, The Vatican.

Issuing an approval for up to 5 years will bring Jersey in line with the UK. Pets arriving in Jersey have free movement to the rest of the British Islands. 5 years is also the validity period for welfare during transport authorisations which commercial transporters require when transport animals commercially across the British Islands and EU.

Financial and staffing implications

The fee for an approval for a commercial operator to bring pets into Jersey is £444.50 as set out in the Pet Travel Scheme (Fees) (Jersey) Order 2015 and the approval will be valid for up to 5 years. The annual cost for 5 years to the carrier will be £88.90. There are no staffing implications arising from the adoption of these draft Regulations.

Children's Rights Impact Assessment

A Children's Rights Impact Assessment (CRIA) has been prepared in relation to this proposition and is available to read on the States Assembly website.

Draft Pet Travel Scheme (Jersey) Amendment Regulations 202-  Explanatory Note

EXPLANATORY NOTE

These Regulations, if made, will amend the Pet Travel Scheme (Jersey) Regulations 2011 to provide the Minister may not grant an approval for a carrier to bring pets into Jersey for more than 5 years (after which a new approval may be sought). Presently, approvals are granted for an indefinite period. The Regulations further provide that an inspector may seize documents relating to non-compliant animals, as well as documents that the inspector believes to be false or unlawfully altered.

The Regulations further insert a transitional provision for carriers who hold ministerial approval immediately before the commencement of the Regulations, to provide that a carrier whose approval expires does not commit an offence under Regulation 3, provided that they apply for a new approval within 3 months of the expiry.

The Regulations also insert signpost definitions of "animal health certificate", "other certificate" and "passport" and make minor amendments.

The Regulations come into force 7 days after they are made.

Draft Pet Travel Scheme (Jersey) Amendment Regulations 202-  Contents

DRAFT PET TRAVEL SCHEME (JERSEY) AMENDMENT REGULATIONS 202-

Contents

Regulation

1 Pet Travel Scheme (Jersey) Regulations 2011 amended ............................................... 6 2 Regulation 1 (interpretation) amended ........................................................................ 6 3 Regulation 3 (carriers) amended ................................................................................... 6 4 Regulation 7 (powers and protection of inspectors) amended..................................... 7 5 Regulation 12A inserted ................................................................................................ 7 6 Minor amendments ....................................................................................................... 7 7 Title ................................................................................................................................ 8 8 Commencement ............................................................................................................ 8

DRAFT PET TRAVEL SCHEME (JERSEY) AMENDMENT REGULATIONS 202-

Made  [date to be inserted] Coming into force  [date to be inserted]

THE  STATES  make  these  Regulations  under  Article 2  of  the  European  Union Legislation (Implementation) (Jersey) Law 2014 –

1  Pet Travel Scheme (Jersey) Regulations 2011 amended

These Regulations amend the Pet Travel Scheme (Jersey) Regulations 2011. 2  Regulation 1 (interpretation) amended

In Regulation 1(1) –

1. before the definition of "carrier" there is inserted –

"animal health certificate" means a certificate referred to in Article 25(1) of the Community Regulation that complies with the requirements in Article 4 of the Implementing Regulation;

2. after the definition of "non-compliant animal" there is inserted –

"other certificate" means a document, other than a passport or animal health certificate, certifying that the requirements of the Commission Decision have been met;

"passport" means a passport referred to in Article 21(1) of the Community Regulation that complies with Article 3 of the Implementing Regulation;

3  Regulation 3 (carriers) amended

In Regulation 3 –

1. after paragraph (2) there is inserted –

(2A)  The Minister must not grant an approval under paragraph (2) for a period

exceeding 5 years.

2. in  paragraph (5)(b),  after "passports" there  is  inserted  "or  animal  health certificates".

4  Regulation 7 (powers and protection of inspectors) amended

After Regulation 7(4) there is inserted –

(4A)  An inspector may seize a passport, animal health certificate or other certificate

relating to a non-compliant animal until the animal –

1. complies with the identification and documentation (including passport or animal health certificate) requirements of the Community Regulation that apply to it; or
2. is exported from Jersey under Regulation 6.

(4B)  An inspector may seize a document if they reasonably believe –

1. it is a passport, animal health certificate or other certificate that has been unlawfully altered; or
2. it falsely purports to be a passport, animal health certificate or other certificate.

5  Regulation 12A inserted

After Regulation 12 (savings) there is inserted –

12A  Transitional provision

1. This Regulation applies to a carrier who held an approval under Regulation 3 immediately before the commencement date.
2. If the carrier's approval was granted within 5 years before the commencement date, their approval expires 5 years after the date it was granted.
3. If  the  carrier's  approval  was  granted  more  than  5 years  before  the commencement date, their approval expires on the commencement date (but paragraphs (4) and (5) apply).
4. A carrier does not commit an offence under Regulation 3 if the carrier held an approval immediately before the commencement date and less than 3 months has elapsed since the expiry of the approval under paragraph (2) or (3).
5. A carrier does not commit an offence under Regulation 3 if the carrier held an approval immediately before the commencement date and –

1. the carrier applied for continued approval during the 3 months after the expiry of the approval;
2. the 3-month period expired before the application was determined; and
3. the application has not been refused.

6. In this Regulation "commencement date" means the date the Pet Travel Scheme (Jersey) Amendment Regulations 202- came into force.

6  Minor amendments

1. In Regulation 5(3)(a) and 9(1), after "passport" there is inserted "or animal health certificate".
2. In the heading to Regulation 7A, "for approvals, certificates etc." is deleted.
3. In Regulation 9(1), for "authorized" there is substituted "authorised".

4. In  Regulation 9(2)(a)  and  (b)  for  "passport  or  certificate"  there  is  substituted "passport, animal health certificate or other certificate".
5. Regulation 9(3) is deleted.

7  Title

These Regulations are the Pet Travel Scheme (Jersey) Amendment Regulations 202-. 8  Commencement

These Regulations come into force 7 days after they are made.