Arrangement

THE STATES, in pursuance of Article 2 of the European Communities Legislation (Implementation) (Jersey) Law 1996[1], have made the following Regulations –

“ ‘Community instrument’ has the same meaning as is given to that expression by the European Communities (Jersey) Law 1973[3]”;

“ ‘Community Regulation’ means Regulation (EU) No. 576/2013[4] 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;”;

“ ‘Implementing Regulation’ means Commission Implementing Regulation (EU) No. 577[5] 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);”

“ ‘prescribed’ means prescribed by Order of the Minister.”.

“(3)    The Minister may by Order amend any reference in these Regulations to any Community instrument.”.

“(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.”.

“(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,”.

“(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.”.

“7A   Fees for approvals, certificates etc.

(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.”.

“9A   False representations etc.

(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.    (1)    The implantation into an animal of a transponder, if that procedure is carried out –

(a)     by a veterinary nurse acting under the direction of a recognized veterinary surgeon; or

(b)     by a person approved in writing by the Veterinary Officer (as defined in paragraph 8) in accordance with that approval.

(2)     In this paragraph –

‘transponder’ means a read-only passive radio frequency identification device;

‘veterinary nurse’ has the meaning given by paragraph 6(2)(b).”.