OpenLegislation

Article 101 Requirements for movement of wild terrestrial animals to other Member States

United Kingdom

Original text. Later amendments are not shown.

1.

Operators shall only move wild terrestrial animals from their habitat of origin by loading them directly onto a means of transport to be taken to a habitat or an establishment in another Member State without the animals entering any establishment in the Member State of origin.

2.

Operators and transporters shall ensure that the means of transport used for transporting wild terrestrial animals, except honeybees and bumble bees, are:

(a)

constructed in such a way that

  1. (i)

    animals cannot escape or fall out;

  2. (ii)

    visual inspection of the animals on the means of transport is possible;

  3. (iii)

    the escape of animal excrements, litter or feed is prevented or minimised;

  4. (iv)

    in the case of birds, the escape of feathers is prevented or minimised;

  5. (v)

    where necessary, the animals can be restrained or transported sedated;

(b)

cleaned and disinfected immediately after every transport of animals, or any item representing an animal health risk, and, if necessary, disinfected again and in any case dried or allowed to dry before any new loading of animals.

3.

Operators and transporters shall ensure that containers in which wild terrestrial animals, except honeybees and bumble bees, are transported:

(a)

comply with the conditions in point 2(a);

(b)

contain only wild animals of the same species coming from the same habitat;

(c)

are marked to detail species and number of animals;

(d)

are either unused purpose-designed disposable containers to be destroyed after first use or cleaned and disinfected after use and dried or allowed to dry before any subsequent use.

4.

Operators shall only move wild terrestrial animals from their habitat of origin to a habitat or an establishment in another Member State when the following additional requirements are fulfilled:

(a)

the majority of the animals of the consignment have been resident in the habitat of origin for at least 30 days prior to departure, or since birth, if they are younger than 30 days of age, and during this period they have not been in contact with kept animals of a lower health status or subject to movement restrictions for animal health reasons or with kept animals coming from an establishment which did not fulfil the requirements set out in point (b);

(b)

any animals entering the Union from a third country or territory during the last 30 days prior to the departure of the animals referred to in paragraph 1, and introduced into an establishment situated in the habitat where those animals were resident, are kept separate so as to prevent direct and indirect contact with all other animals on that establishment and in the habitat;

(c)

those animals come from a habitat in which the following diseases and infections have not been reported during the stipulated timeframes:

  1. (i)

    infection with rabies virus during the last 30 days prior to departure;

  2. (ii)

    infection with Brucella abortus, B. melitensis and B. suis in wild terrestrial animals of listed species for that disease during the last 42 days prior to departure;

  3. (iii)

    infection with Mycobacterium tuberculosis complex (M. bovis, M. caprae and M. tuberculosis) in wild terrestrial animals of listed species for that disease during the last 42 days prior to departure;

  4. (iv)

    infection with epizootic haemorrhagic disease virus within a radius of 150 km in wild terrestrial animals of listed species for that disease during the last 2 years prior to departure;

  5. (v)

    anthrax in ungulates during the last 15 days prior to departure;

  6. (vi)

    surra (Trypanosoma evansi) during the last 30 days prior to departure;

(d)

when those animals belong to the families of Antilocapridae, Bovidae, Camelidae, Cervidae, Giraffidae, Moschidae or Tragulidae, the habitat of origin shall be in compliance with at least one of the requirements for infection with Bluetongue virus (serotype 1-24) set out in points 1 to 3 of Section 1 of Chapter 2 of Part II of Annex V to Delegated Regulation (EU) 2020/689;

(e)

those animals are not known to have been in contact with wild terrestrial animals which did not fulfil the requirements set out in point (c) during the last 30 days prior to departure.

5.

By way of derogation from paragraph 4(d), the competent authority of the Member State of origin may authorise the movement of wild terrestrial animals which do not fulfil at least one of the requirements laid down in points 1 to 3 of Section 1 of Chapter 2 of Part II of Annex V to Delegated Regulation (EU) 2020/689 to another Member State or zone thereof:

(a)

with a disease-free status or with an approved eradication programme for infection with Bluetongue virus (serotype 1-24), if the Member State of destination has informed the Commission and the other Member States that such movements are authorised under the conditions referred to in Article 43(2) of Delegated Regulation (EU) 2020/689;

or

(b)

without a disease-free status and an approved eradication programme for infection with Bluetongue virus (serotype 1-24), if the Member State of destination has informed the Commission and the other Member States that such movements are authorised. If the Member State of destination sets conditions for the authorisation of such movement, those conditions must be any one of the conditions referred to in points 5 to 8 of Section 1 of Chapter 2 of Part II of Annex V of Delegated Regulation (EU) 2020/689.