The Rabies (Importation of Dogs, Cats and Other Mammals) (Amendment) Order 1994 No. 1716


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Statutory Instruments

1994 No. 1716

ANIMALS

ANIMAL HEALTH

The Rabies (Importation of Dogs, Cats and Other Mammals) (Amendment) Order 1994

Made

30th June 1994

Laid before Parliament

30th June 1994

Coming into force

1st July 1994

The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales, acting jointly, in exercise of the powers conferred on them by sections 1, 10(1), (2), (3), and (5) and 95(1) of the Animal Health Act 1981(1) and of all other powers enabling them in that behalf, for the purpose of preventing the introduction of rabies into Great Britain, hereby make the following Order:

Citation and commencement

1. This Order, which implements article 10.3 of Council Directive 92/65/EEC (laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Council Directive 90/425/EEC)(2), may be cited as the Rabies (Importation of Dogs, Cats and Other Mammals) (Amendment) Order 1994 and shall come into force on 1st July 1994.

Amendment to the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974

2.-(1) The Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974(3) shall be further amended in accordance with this article.

(2) In article 4 (Prohibition on landing of animals in Great Britain), in paragraph (2) for the proviso there shall be substituted the following-�

(3) After article 4 there shall be inserted the following article-�

"Importation of cats and dogs from a member State other than the Republic of Ireland

4A.-(1) The prohibition and restrictions on landing contained in paragraphs (1) and (4) respectively of article 4 above shall not apply in the case of the importation from another member State (other than the Republic of Ireland) of cats and dogs which-�

(a)are the subject of a commercial transaction;

(b)come from a holding registered in that member State for these purposes;

(c)have been born on the holding and have been maintained in captivity there since birth with no contact with wild animals susceptible to rabies;

(d)have been vaccinated against rabies after the age of three months and at least six months before dispatch by injection of an inactivated vaccine of at least 1 international antigenic unit (World Health Organization standard) measured in accordance with the activity test by the method described by the European Pharmacopoeia in monograph 451(1985) and recognised under Commission Decision 94/275/EC on recognising rabies vaccines(4), with annual booster injections, or at intervals authorised by the member State of dispatch for that vaccine;

(e)have undergone, after vaccination, a serological test showing a protective antibody titre of at least 0.5 international units, which serological tests shall be carried out in accordance with World Health Organization specifications. If the test is carried out after the first vaccination it must be carried out between the first and third month after the vaccination;

(f)in the case of dogs, have been vaccinated against distemper;

(g)are accompanied by

(i)an individual vaccination record allowing the animal and its origin to be clearly identified and showing the dates of vaccination, the name of the vaccine and its batch number (by self-adhesive label, if possible), and

(ii)a certificate in the form specified in Commission Decision 94/273/EC concerning veterinary certification for placing on the market in the United Kindgom and Ireland of dogs and cats not originating in those countries(5),

each document being completed by an official veterinarian or by the veterinarian responsible for the holding of origin and empowered for this purpose by the competent authority in the member State;

(h)in accordance with Commission Decision 94/274/EC laying down the system of identification for dogs and cats that are placed on the market in the United Kingdom and Ireland and not originating in those countries(6), are identified by having had implanted into them a transponder of a type

(i)used in the member State of origin, and

(ii)notified by the competent authorities of the member State of origin to the Minister of Agriculture, Fisheries and Food;

(j)on the day they are dispatched from the holding in question, show no signs of contagious disease; and

(k)are transported by a means of transport recognised for these purposes by the competent authority of the member State of dispatch.

(2) No person shall accept a consignment of dogs or cats imported under the provisions of this article unless the importer or consignee has notified to the Divisional Veterinary Officer in writing, at least 24 hours in advance, the anticipated date of arrival and has supplied him with a copy of the certificate referred to in subparagraph (g)(ii) above.

(3) It shall be the duty of every person who imports a dog or cat under the provisions of this article to make available to the Divisional Veterinary Officer a microchip reader capable of confirming the identity of the imported animal.

(4) It shall be the duty of the person in charge of any dog or cat imported under the provisions of this article which has been blood tested by a veterinary inspector at the place of destination to keep the animal on those premises for ten days after the day on which the blood sample was taken unless notified in writing by the Divisional Veterinary Officer that the animal may be released.

(5) Where a veterinary inspector at the place of destination takes samples from any dog or cat imported under the provisions of this article, he shall comply with Commission Decision 94/338/EC laying down detailed rules for the application of Council Directive 90/425/EEC as regards the taking of samples for the purpose of veterinary inspections at the place of destination(7).

(6) In this article-�

"Divisional Veterinary Officer" means the veterinary inspector appointed for the time being by the appropriate Minister to receive information about the anticipated date of arrival of animals for the area in which the place of destination in Great Britain is situated; and

"World Health Organization" means the organization of that name founded in New York, United States of America on 22 July 1946 and currently having its headquarters at Avenue Appia 20, 1211 Geneva, Switzerland, and the World Health Organization standard and specifications referred to in paragraph (1)(d) and (e) above are those described in the World Health Organization Expert Committee on Rabies Eighth Report (WHO Technical Report Series 824).".

(4) In article 12 (Detention of animals on board vessels in harbour) in paragraph (3) for subparagraphs (a) and (b) there shall be substituted the following:-�

"(a)in accordance with a licence granted under Article 4 above, or

(b)in accordance with article 4A above, or

(c)in the circumstances referred to in Article 8 above.".

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 28 June 1994.

L.S.

Gillian Shephard

Minister of Agriculture, Fisheries and Food

Hector Munro

Parliamentary Under Secretary of State, Scottish Office

28th June 1994

John Redwood

Secretary of State for Wales

30th June 1994

Explanatory Note

(This note is not part of the Order)

This Order implements article 10.3 of Council Directive 92/65/EEC (laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Council Directive 90/425/EEC) by permitting the imports of cats and dogs from another member State without a licence, in certain restricted circumstances.

The European Pharmacopoeia may be obtained from the European Pharmacopoeia Commission, Council of Europe, 67006 Strasbourg, Cedex, France. It is available in the United Kingdom from Pharmaceutical Press, 1 Lambeth High Street, London SE11.

The World Health Organization Expert Committee on Rabies Eighth Report (ISBN 92 4 127824 4) may be obtained from the World Health Organization, Avenue Appia 20, 1211 Geneva, Switzerland.

A compliance cost assessment has been prepared and a copy placed in the library of each House of Parliament.

(1)

1981 c. 22. Seesection 86(1)(c) for a definitions of "the Ministers".

(2)

OJ No. L 268, 14.9.92, p. 54.

(3)

S.I. 1974/2211, amended by S.I. 1977/361, S.I. 1984/1182, S.I. 1986/2062 and S.I. 1990/2371.

(4)

OJ No. L 117, 7.5.94, p. 41.

(5)

OJ No. L 117, 7.5.94, p. 37.

(6)

OJ No. L 117, 7.5.94, p. 40.

(7)

OJ No. L 151, 17.6.94, p. 36.


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