COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to the second subparagraph of Article 251(2) of the EC Treaty concerning the Common Position adopted by the Council with a view to the adoption of a Regulation of the European Parliament and of the Council on the animal-health requirements applicable to the non-commercial movement of pet animals and amending Council Directive 92/65/EEC

1. BACKGROUND

Date of transmission of initial proposal - COM(2000) 529 final - 2000/0221(COD) - to the Parliament and the Council: // 19 September 2000

Date of Economic and Social Committee opinion (OJ C 116, 24.4.2001, p 54): // 29 November 2000

Date of Parliament opinion at first reading (OJ C 27E, 31.1.2002, p 55): // 3 May 2001

The Committee of the Regions decided not to issue an opinion. //

Date of transmission of amended proposal -COM(2001) 349 final -: // 22 June 2001

Date of adoption of the Council Common Position // 27 June 2002

2. PURPOSE OF THE COMMISSION PROPOSAL

The purpose of this amended proposal for a Regulation of the European Parliament and of the Council is to lay down common rules on non-commercial movements of pet animals.

In the case of animal movements within the EU, genuine harmonisation is not likely in the immediate future due to the specific problem of rabies, which is a particularly sensitive issue for three Member States (United Kingdom, Ireland and Sweden). These countries, which have long been free of rabies and do not have vaccination programmes, have only recently adopted an alternative to the system of six months quarantine for all carnivores introduced into their territory. The proposal therefore provides for two systems for intra-Community movements.

For third countries, too, two systems are proposed: one for those whose rabies status may be considered equivalent to that of the "continental" Member States, and another, stricter, system for third countries where rabies is endemic. The proposal therefore lays down the detailed rules and criteria for classifying third countries.

The proposal also lays down the detailed rules for adopting a model 'European veterinary passport'.

After an eight-year transitional period, electronic identification is proposed as the only permitted means of identification for animal movements (tattoos remain authorised during this period).

Provisions have also been laid down allowing a Member State to require additional guarantees where warranted by a specific situation.

Finally, species other than those affected by rabies have been taken into account to facilitate their movement within Community territory.

3. COMMENTS ON THE COMMON POSITION

3.1 General remarks

The Commission notes with satisfaction that the Council has endorsed the general approach of the Commission's amended proposal.

The Common Position adopted unanimously takes up the amendments adopted by Parliament and incorporated by the Commission into its amended proposal.

However, the Council has introduced some new provisions.

Thus, in its general structure, the Council's Common Position differs from the amended proposal by integrating into the body of the text a number of animal-health conditions, depending on the type of movement, which were originally in the Annex. The aim of this amendment is to distinguish the basic elements of the act, of a legislative nature, clearly from the technical elements coming under the implementing measures (comitology). This does not call into question the spirit of the proposal or the long-term conditions for evolving towards genuine harmonisation.

The Council's Common Position also clarifies and strengthens certain points of the Commission's amended proposal.

It:

- amends the Directive applicable to trade in these animals (92/65/EEC) so as to ensure immediate consistency between the two texts;

- lays down, in certain cases, derogations from the general principle of anti-rabies vaccinations for young animals;

- proposes anti-rabies vaccinations for ferrets as a general principle underlying all movements of those animals;

- lays down a transitional period of five years at the end of which the special provisions relating to movements to the three sensitive Member States (UK, IRL, S) are to be reconsidered in the light of the evolution of the rabies situation in the EU;

- clarifies the additional guarantees granted to certain Member States for a transitional period of five years.

These amendments are the result of a carefully-balanced compromise, and do not jeopardise the general thrust of the proposal and its long-term objectives.

3.2 Consideration of the amendments proposed by Parliament at first reading

Amendments adopted by Parliament and incorporated by the Commission in its amended proposal and the Common Position

Amendments 8, 9, 11 and 15 have been incorporated into the Council's Common Position (Articles 6(2), 8(1)(b)(ii), 11 and 5(1)(b) respectively).

Amendment 4 proposed, in a recital, that the Commission take the necessary measures to render the rules applicable to trade consistent. In its Common Position the Council goes beyond the wishes of Parliament by amending Directive 92/65/EEC on these issues directly (Article 22).

Finally, amendment 6 has been changed slightly. It proposed that, at the end of an eight-year transitional period, automatically, only electronic identification would be recognised. The Council is not proposing that this happen automatically. The specific case of Member States who already require electronic identification for animals introduced into their territory (UK) is dealt with elsewhere (first indent of Article 6(1)).

3.3 New provisions or amendments introduced by the Council

As indicated above in the general remarks, the amendments made by the Council do not call into question either the general spirit of the proposal or its objectives.

They are the result of a difficult compromise between the Member States, who often have very divergent positions on these issues. In seeking this compromise, the Council was called on to take into account diverse specific national and local situations which might justify derogations from the general rules.

On three primordial points, the amendments made by the Council constitute a positive contribution to the goal of genuine harmonisation in the long term.

The Council proposes:

- provisions governing the movement of young animals between Member States with the same rabies status;

- a transitional period of five years at the end of which the specific provisions laid down for the United Kingdom, Ireland and Sweden will be reviewed in the light of experience gained and of the evolution of rabies in the Community;

- direct amendments to the provisions of Directive 92/65/EEC on trade in species sensitive to rabies.

The Commission therefore approves all the amendments proposed by the Council.

4. CONCLUSIONS

The Commission supports the Common Position adopted by the Council on 27 June 2002.