Pet Travel Scheme (Jersey) Regulations 2011: Amendment: Law drafting instructions

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 17 August 2015:

Decision Reference: MD-PE-2015-0051
Decision Summary Title :		Improvements to the Pet Travel Scheme		Date of Decision Summary:	10/08/2015
Decision Summary Author:		States Veterinary Assistant		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?		Written		Person Giving Oral Report:
Written Report Title :		Improvements to the Pet Travel Scheme		Date of Written Report:	10/08/2015
Written Report Author:		States Veterinary Assistant		Written Report : Public or Exempt?	Public
Subject: Changes to the legislation for non-commercial movements of pet animals.
Decision(s): The Minister agreed to amend the Pet Travel Scheme (Jersey) Regulation 2011; to adopt Regulation (EU) No 576/2013 of the European Parliament and of the Council of 12 June 2013 on the non-commercial movement of pet animals, Article 14(3) allowing Member States to “apply national rules” to the non-commercial movement of rodents and lagomorphs, in line with the UK; to introduce an unequivocal offence for the importation of a non-compliant pet animal; to request the Law Draftsman to prepare an Order which will prescribe the fees payable for the issue of pet passports, authorizations and approvals required by the Regulations.
Reason(s) for Decision: To update the island’s measures in line with the UK and prescribe new fees (Regulation 7A) in accordance with the ‘user pays’ principle.
Resource Implications: None.
Action required: States Veterinary Assistant to request the Law Draftsman to prepare a revised draft Regulation and a draft Order, on the basis of a drafting brief to be supplied by the Department. The draft Regulation to subsequently be considered by the Minister.
Signature:	Initials WP		Position: Minister for Planning & Environment
Date Signed:			Date of Decision (If different from Date Signed):

Pet Travel Scheme (Jersey) Regulations 2011: Amendment: Law drafting instructions

DEPARTMENT OF THE ENVIRONMENT

Improvements to the Pet Travel Scheme legislation

Public

Purpose of the Report

It is proposed that the Planning and Environment Minister update the Pet Travel Scheme (Jersey) Regulations 2011 to provide clarity for both pet owners and those who enforce controls and to make an Order requiring payment of fees by those who benefit from a service, in accordance with States policy of User Pays.

Background

The Pet Travel Scheme permits the movement of dogs, cat and ferrets which are pet animals between Member States and into the EU so that, for example, people going on holiday or moving country can take their pet animals with them. The Scheme is not for animals which are to be sold or change ownership.

Regulation (EU) No 576/2013 on the non-commercial movement of pet animals repeals (EC) No 998/2003. Pending the adoption of relevant delegated acts, the Council Regulation permits member States to apply national rules on the non-commercial movement of pet rodents and lagomorphs for example; rats, hamsters and rabbits.

There has not been one reported case of rabies in the EU associated with the legal movement of pets under EU pet movement system since it was introduced in 2004.

Discussion

Jersey adopted the Pet Travel Scheme in line with UK to enable continued free movement of non-commercial movement of pet animals between the island and UK.

For the non-commercial movement of rodents and lagomorphs* it is possible for national rules to apply for movements from other member States or from a territory or a third country provided that they are not stricter than those applied to movement for commercial purposes. The rules applied will be in line with the UK:

Travelling from Member States to Jersey will be without restrictions
Travelling from Member States territory (for example Reunion) or third countries animals will have to go into quarantine for a period of 4 months.

*A limit of 5 animals per person applies.

The PETS Regulations need to be strengthened and create an offence to import a non-compliant pet animal and lay down penalties. For veterinarians and carriers the Regulations require;

Authorized veterinarians to carry out functions such as issuing pet passports and giving anti-rabies vaccinations in accordance with the Community Regulations;

carriers to be approved to bring pets into Jersey;
to enter Jersey an owner of a non-compliant animal must have an approval from the Minister. A non-compliant animal will then have to enter quarantine and remain until such time as the animal meets the pet travel scheme requirements;
Issue of pet passports to authorized veterinarians by the Government.

Regulation 7A enables the Minister to prescribe fees, by Order, for the issue of approvals, authorisations and pet passports required by the Regulations.

The proposed fees are based on estimated time for necessary inspection, travel and administration for issue of approvals, authorisations and for covering the cost of printing and issuing pet passports.

Conclusion

The proposed changes to the controls on non-commercial movement of pet animals are necessary to enable appropriate and proportionate control on pet movements and maintain free movement between Jersey and the UK.

Introduction by Order of fees payable for authorization or approval when work is carried out by the States Veterinary Officer or an inspector, accords with User Pays policy and Regulation 7A, adopted by the States Assembly. A fee will be levied for supply of pet passports to authorized veterinarians.

Recommendation

The Minister is recommended to instruct the states veterinary assistant to provide law drafting instructions to the Law Draftsman for a revised draft Regulation and make an Order to introduce the fees.

Written by:	States Veterinary Assistant

Approved by:	Director for Environment / Deputy Chief Officer

[File Ref]

Ministerial Decision ref: MD-PE-2015-0051

10-08-2015

Page 1 of 2