Proposal for a Regulation of the European Parliament and of the Council on the animal-health requirements applicable to non-commercial movement of pet animals (COM(2000) 529 final — 2000/0221(COD)) (Text with EEA relevance)
Date: 2001-01-30
Institutions: European Commission
Subjects: EU Member State, domestic animal, health certificate, public health, vaccination, veterinary inspection

30.1.2001

EN

Official Journal of the European Communities

C 29 E/239

Proposal for a Regulation of the European Parliament and of the Council on the animal-health
requirements applicable to non-commercial movement of pet animals

(2001/C 531 E/08)

(Text with EEA relevance)

COM(2000) 529 final (cid:151) 2000/0221(COD)

(Submitted by the Commission on 19 September 2000)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

from such third countries should accordingly be made
more stringent.

Having regard to the Treaty establishing the European
Community, and in particular Articles 37 and 152(4)(b) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of
Committee,

the Economic and Social

Having regard to the opinion of the Committee of the Regions,

Acting in accordance with the procedure laid down in Article
251 of the Treaty,

Whereas:

(1) Harmonisation of animal-health requirements applicable
to non-commercial movement of pet animals between
Member States and from third countries is necessary
and only measures adopted at Community level can
achieve that objective.

(2) This Regulation concerns movement of

live animals
covered by Annex I to the Treaty. Some of its provisions,
in particular concerning rabies, have as
their direct
objective the protection of public health, while others
concern solely animal health. Article 37 and Article
152(4)(b) of
the Treaty are therefore the appropriate
legal bases.

(3) Over the past ten years the rabies situation has improved
spectacularly throughout
the Community following the
implementation of programmes for the oral vaccination
of foxes in regions affected by the sylvatic-rabies epidemic
that has swept through north-eastern Europe since the
1960s.

(4) This

improvement has

led the United Kingdom and
Sweden to abandon the system of six months’ quarantine
they applied for decades, in favour of an alternative, less
restrictive system providing an equivalent level of safety.

(5) Cases of

in the
rabies observed in pet carnivores
Community now mainly affect animals originating in
third countries where an urban type of rabies is endemic.

(7) As far as controls applicable to animals introduced into
the Community are concerned, however, derogations
should
from third
considered
countries and territories belonging,
from the animal-
to the same geographical region as
health standpoint,
the Community.

for movement

be

(8) The measures provided for in this Regulation seek to
ensure a satisfactory level of safety with regard to the
animal-health risks concerned. They do not constitute
unjustified barriers to movement falling within its scope
since they are based on the conclusions of the groups of
experts consulted on the matter, in particular a report of
the Scientific Veterinary Committee of 16 September
1997.

(9) A legal

framework should also be established for the
animal-health requirements applicable to non-commercial
movement of species of animals not affected by rabies or
of no epidemiological significance as regards rabies.

(10) This Regulation should apply without prejudice

to
provisions adopted pursuant to Council Regulation (EC)
No 338/97 of 9 December 1996 on the protection of
species of wild fauna and flora by regulating trade
therein (1), as last amended by Commission Regulation
(EC) No 1476/1999 (2).

(11) Since the measures necessary for the implementation of
this Regulation are measures of general scope within the
meaning of Article 2 of Council Decision 1999/468/EC of
28 June 1999 laying down the procedures for the exercise
of implementing powers conferred on the Commission (3),
they should be adopted by use of the regulatory procedure
provided for in Article 5 of that Decision,

HAVE ADOPTED THIS REGULATION:

Article 1

This Regulation lays down the animal-health requirements
applicable to non-commercial movement of pet animals and
the rules applying to checks on such movement.

(6) The animal-health requirements generally applied until
now by the Member States to pet carnivores introduced

(1) OJ L 61, 3.3.1997, p. 1.
(2) OJ L 171, 7.7.1999, p. 5.
(3) OJ L 184, 17.7.1999, p. 23.

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Official Journal of the European Communities

30.1.2001

Article 2

This Regulation applies to movement between Member States
or from third countries of animals of the species listed in
Annex I, accompanied by their owners or a natural person
their
who has
movement and which are not intended to be sold or transferred
to another owner, without prejudice to the second paragraph
of Article 4.

such animals during

responsibility

for

It shall apply without prejudice to the provisions adopted
pursuant to Regulation (EC) No 338/97.

Article 3

Animals of
regarded as identified where they bear:

the species listed in Annex I, Part A, shall be

(a) either a clearly readable tattoo, or

(b) an electronic identification system (transponder).

In the case referred to in (b), where the transponder does not
comply with Standard ISO 11784 and Annex A to Standard
ISO 11785,
the animal
the person with responsibility for
must provide the means necessary for reading the transponder
at the time of any inspection.

At the request of a Member State or on the Commission’s
initiative, where warranted by the rabies situation in a Member
State or a third country listed in Annex II, Part B, a decision may
be taken in accordance with the procedure referred to in Article
16(3) to ensure that animals of the species listed in Annex I, Part
A, from that Member State or that third country meet the
requirements laid down in Article 6.

Article 6

Animals of the species listed in Annex I, Part A, from third
countries not
the
requirements laid down in Annex III, Part C.

listed in Annex II, Part B, must meet

However, where they are introduced directly into the territory
of the Member States listed in Annex II, Part A, they may be
subject to quarantine in accordance with rules adopted by the
Member States concerned, which shall inform the Commission
thereof.

Article 7

With regard to rabies, where the requirements applicable to
movement covered by this Regulation provide for titration of
the test must be carried out by a laboratory
antibodies,
approved
Decision
with
in
2000/258/EC (1).

accordance

Council

Article 4

Article 8

Movement between Member States or from the third countries
or territories listed in Annex II, Part B, of animals of the
species listed in Annex I, Part B, shall not be subject to any
animal-health requirements.

The requirements applicable to movement between Member
States of pet animals of species not listed in Annex I shall be
laid down in accordance with the procedure referred to in
Article 16(3).

The requirements applicable to movement of animals of the
species listed in Annex I, Part B, from third countries not listed
in Annex II, Part B, and the model certificate that must
accompany them shall be laid down in accordance with the
procedure referred to in Article 16(3).

Article 5

Animals of the species listed in Annex I, Part A, in movement
between Member States or from a third country listed in
Annex II, Part B, must meet the requirements laid down in
Annex III, Part A.

Where the Member State of destination is listed in Annex II,
Part A, the additional requirements laid down in Annex III, Part
B, may apply.

By way of derogation from the second paragraph, Member
States of destination listed in Annex II, Part A, may waive
any requirement relating to rabies in respect of movement to
their territory of animals from Member States on the same list
or from third countries listed in Annex II, Part B, Section 1.
They shall
inform the Commission and the other Member
States.

Where a particular situation relating to a disease not covered
by any provisions of this Regulation arises, Member States may,
within three months after this Regulation enters into force,
submit an application to the Commission for additional guar-
antees covering pet animals introduced into their territory.

Such applications shall be accompanied by a report on their
situation with regard to the disease in question and setting out
grounds for the need for additional guarantees to prevent the
risk of introduction of the disease.

The additional guarantees provided for in this Article shall be
adopted after the Scientific Veterinary Committee has been
consulted in accordance with the procedure referred to in
Article 16(2).

National measures in force on the entry into force of this
Regulation may be maintained pending the adoption of the
additional guarantees provided for in this Article.

Where warranted by a particular situation, at the request of a
Member State or on the Commission’s initiative, a decision
may be taken in accordance with the procedure referred to
in Article 16(2) with a view to the adoption of measures
necessary to prevent any risk incurred by that situation.

Article 9

Requirements other than those laid down in this Regulation
relating to movement of animals of the species listed in Annex
I, Part A, may be laid down in accordance with the procedure
referred to in Article 16(2).

(1) OJ L 79, 30.3.2000, p. 40.

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The model certificates that must accompany animals of the
species listed in Annex I, Part A,
in movement within the
meaning of this Regulation shall be established in accordance
with the procedure referred to in Article 16(2).

(a) to return the animal, or

(b) to place the animal in quarantine for the time necessary for

it to meet the health requirements, or

Article 10

(c) as a last resort, to put the animal down where it cannot be

returned or placed in quarantine.

1.
The Annexes shall be amended in accordance with the
procedure referred to in Article 16(3) to take account of devel-
in the situation within Community territory as
opments
regards the diseases affecting the species covered by this Regu-
lation, and in particular rabies.

For the purposes of entering third countries on the list in

2.
Annex II, Part B, account shall be taken of:

(a) the structure and organisation of their veterinary services,

(b) their status with regard to rabies,

(c) regulations applicable to imports of carnivores,

(d) regulations in force on the marketing of antirabies vaccines

(list of authorised vaccines).

Article 11

The Member States shall take the measures necessary to ensure
that pet animals introduced into Community territory from
third countries other than those listed in Annex II, Part B,
Section 1, are checked by the competent authorities at the
point of entry into Community territory.

Article 14

Any implementing measures necessary for the protection of
public health shall be adopted in accordance with the
procedure referred to in Article 16(3).

Other necessary implementing measures shall be adopted in
accordance with the procedure referred to in Article 16(2).

Article 15

Any transitional provisions necessary for the protection of
public health shall be adopted in accordance with the
procedure referred to in Article 16(3).

Other necessary transitional provisions shall be adopted in
accordance with the procedure referred to in Article 16(2).

Article 16

The Member States shall designate the authorities responsible
for such checks and immediately inform the Commission
thereof.

The Commission shall be assisted by the Standing
set up by Article 1 of Council

1.
Veterinary Committee
Decision 68/361/EEC (1).

Article 12

Each Member State shall draw up a list of points of entry as
referred to in Article 11 and forward it to the other Member
States and to the Commission.

Such points of entry must have premises suitable, where
necessary, for housing animals covered by this Regulation, in
particular where their entry into Community territory is not
authorised, pending their return or any other administrative
decision.

2. Where reference is made to this paragraph, the regulatory
procedure laid down in Article 5 of Decision 1999/468/EC
shall apply, in compliance with Article 7 thereof.

3. Where reference is made to this paragraph, the regulatory
procedure laid down in Article 5 of Decision 1999/468/EC
shall apply, in compliance with Article 7 and Article 8 thereof.

The period provided for in Article 5(6) of Decision

4.
1999/468/EC shall be one month.

Article 13

Article 17

the animal must be able to present

At the time of any movement, the person with responsibility
for
the authorities
responsible for checks with a veterinary certificate to the
effect that the animal meets the requirements laid down for
such movement.

Where such checks reveal that the animal does not meet the
requirements laid down in this Regulation, the competent auth-
orities shall decide:

This Regulation shall enter into force on the twentieth day
following that of its publication in the Official Journal of the
European Communities.

It shall apply from 1 January 2002.

This Regulation shall be binding in its entirety and directly
applicable in all Member States.

(1) OJ C 255, 18.10.1968, p. 23.

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Official Journal of the European Communities

30.1.2001

ANNEX I

Species of animals

PART A

Dog

Cat

PART B

Arachnida and Insects, Fish, Amphibia, Reptiles, Birds: all species

Mammals: ferret, rabbit, guinea pig, hamster

ANNEX II

Lists of countries and territories

PART A

Sweden

Ireland

United Kingdom

PART B

Section 1

Andorra

Iceland

Liechtenstein

Monaco

Norway

San Marino

Switzerland

The Vatican

Isle of Man, Channel Islands

Section 2

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ANNEX III

Veterinary requirements

PART A

The animals are to be accompanied by a certificate issued by a veterinarian authorised by the competent authorities to
the effect that an antirabies vaccination has been administered:

(cid:151) to an animal identified in accordance with Article 3;

(cid:151) more than one month and less than one year beforehand in the case of first vaccination carried out once the animal

is three months old;

(cid:151) less than one year beforehand in the case of a booster vaccination;

(cid:151) with an inactivated vaccine complying with the international standard (WHO).

PART B

In addition to an antirabies vaccination certificate complying with Part A, the animals are to be accompanied by a
certificate to the effect that:

(cid:151) a neutralising antibody titration at least equal to 0,5 UI/ml has been performed on a sample taken

(cid:151) more than six months prior to movement, and

(cid:151) more than 30 days after the preceding vaccination.

The sample for the antibody titration and the vaccination preceding it must be carried out by a veterinarian authorised
by the competent authorities of a Member State or a third country listed in Annex II, Part B.

PART C

The animals are to be accompanied by a certificate issued by a veterinarian authorised by an offical veterinary service to
the effect that:

(a) an antirabies vaccination has been administered in accordance with Part A;

(b) a neutralising antibody titration at least equal to 0,5 UI/ml has been performed on a sample taken by an authorised

veterinarian:

(cid:151) more than six months prior to movement, and

(cid:151) more than 30 days after the preceding vaccination.