Huw Irranca-Davies MS, Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs
Members of the Senedd will wish to be aware that my predecessor Lesley Griffiths, Minister for Rural Affairs and North Wales, and Trefnydd, wrote to the Rt Hon Lord Douglas-Millar, then Minister for Biosecurity, Animal Health and Welfare in the UK Government on 12 February to give consent to the Secretary of State exercising a subordinate legislation-making power in a devolved area in relation to Wales. The Statutory Instrument (SI) was titled ‘The Windsor Framework (Non-Commercial Movement of Pet Animals) Regulations 2024’ (“the 2024 Regulations”).
The SI relates to the implementation of the Windsor Framework, as agreed between the UK and the EU on 27 February 2023. To ensure the draft 2024 Regulations fully implemented the objectives of the framework, they were not laid as planned in February 2024. This allowed time for further discussions with the European Union on operational delivery. Following satisfactory discussions, UK Government officials have confirmed that no amendments were required, and other than the introduction of phased coming into force dates, the draft remains the same as it was when consent was given in February 2024. Despite the change in Government, I am satisfied that the consent initially given in February remains valid.
The 2024 Regulations will be made by the Secretary of State, in exercise of the powers conferred under Section 8C(1) and (2) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018.
Under the Northern Ireland Protocol, all non-commercial movement of pets from GB to NI became subject to full EU third country requirements on 1 January 2021 following the end of the Transition Period. These requirements are established by 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 (“The EU Pets scheme”).
The Windsor Framework amends the Northern Ireland Protocol and puts in place a new, sustainable, and durable framework for the movement of pets for non-commercial reasons.
The 2024 Regulations will be laid before the UK Parliament on 10 October 2024. Parts 1, 2 and 4 will come into force on 31 March 2025. All other parts will come into force on 4 June 2025.
This instrument makes provision on the law applicable in the United Kingdom. The instrument does not have any impact on the Senedd’s legislative competence, or the Welsh Ministers’ executive competence.
The purpose of the 2024 Regulations is to put in place a new, sustainable, and durable framework for the movement of pets for non-commercial reasons. More specifically, the NI Pets scheme enables UK-based pet and assistance dog owners to travel to NI with their pet animal without the need for pet health treatments or single-use pet travel certificates.
The 2024 Regulations set out the terms for pets to be able to move via the Northern Ireland Pet Travel Scheme. They also set out that pet owners will need to apply for a pet travel document which is valid for the lifetime of the pet animal. When applying for the document, pet owners will need to supply specific information to the relevant competent authority, including a requirement that all dogs, cats and ferrets (including those based in NI) must be microchipped. Pet owners (or those travelling with a pet animal) will be required to make a declaration that the pet animal will not subsequently be moved into the EU.
No requirements beyond the need for a microchip will be placed on NI pet owners, who will be able to travel to and from GB without the need for a pet travel document or any other process.
The 2024 Regulations and accompanying Explanatory Memorandum, setting out the detail of the provenance, purpose and effect of the Regulations are available here.
Consent has been given for the UK Government to make this Instrument as a result of the Windsor Framework Agreement which was reached by the UK and the EU and announced on 27 February 2023. Creating GB-wide regulations ensures consistency across the UK, avoiding legislative divergence that could jeopardise the continued implementation of the Windsor Framework.