Common Position (EC) No 57/2002 of 27 June 2002 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting 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
Date: 2002-06-27
Institutions: Council of the European Union
Subjects: domestic animal, health control, health legislation, public health, rabies, third country, transport of animals, veterinary inspection

C 275 E/42

EN

Official Journal of the European Communities

12.11.2002

COMMON POSITION (EC) No 57/2002

adopted by the Council on 27 June 2002

with a view to adopting Regulation (EC) No . . ./2002 of the European Parliament and of the
Council of . . . on the animal-health requirements applicable to the non-commercial movement
of pet animals and amending Council Directive 92/65/EEC

(2002/C 275 E/03)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

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 (1),

Having regard to the Opinion of the Economic and Social
Committee (2),

Following consultation of the Committee of the Regions,

Acting in accordance with the procedure laid down in Article
251 of the Treaty (3),

Whereas:

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

(2) This Regulation concerns the 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 basis.

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

affected by the

in regions

foxes

(1) OJ C 29 E, 30.1.2001, p. 239 and OJ C 270 E, 25.9.2001, p. 109.
(2) OJ C 116, 20.4.2001, p. 54.
(3) European Parliament Opinion of 3 May 2001 (OJ C 27 E,
31.1.2002, p. 55), Council Common Position of 27 June 2002
and European Parliament Decision of . . .
(not yet published in
the Official Journal).

(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.
Provision should therefore be made at Community level
for the application of a special system for the movement
of pet animals to those Member States for a transitional
period of five years and for the Commission, in the light
of the experience gained and a scientific opinion from the
European Food Safety Authority, to present a report in
due course with appropriate proposals. Provision should
also be made for a rapid procedure to decide on a
temporary extension of
the above transitional regime,
particularly if the scientific assessment of the experience
gained were to make necessary longer time periods than
those currently laid down.

(5) Cases of

carnivores

rabies observed in pet

in the
Community now mainly affect animals originating in
rabies
third countries where
is
endemic.
generally
applicable hitherto by the Member States to pet carnivores
introduced from such third countries should accordingly
be made more stringent.

an urban type of
requirements

animal-health

The

(6) However, derogations should be considered for movement
from the animal-health
the

from third countries belonging,
standpoint,
Community.

to the same geographical

region as

(7) Article 299(6)(c) of the Treaty and Council Regulation
(EEC) No 706/73 of 12 March 1973 concerning the
Community arrangements
to the Channel
Islands and the Isle of Man for trade in agricultural
products (4) provide that Community veterinary legislation
applies to the Channel Islands and the Isle of Man, which,
for the purposes of this Regulation, are therefore to be
considered as part of the United Kingdom.

applicable

(8) 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 and
with regard to other diseases affecting the species of
animals listed in Annex I.

(4) OJ L 68, 15.3.1973, p. 1. Regulation as amended by Regulation

(EEC) No 1174/86 (OJ L 107, 24.4.1986, p. 1).

12.11.2002

EN

Official Journal of the European Communities

C 275 E/43

(9) It is appropriate that this Regulation should apply without
prejudice 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).

Article 2

This Regulation applies to the movement between Member
States or from third countries of pet animals of the species
listed in Annex I.

(10) The measures necessary for the implementation of this
Regulation should be
adopted in accordance with
Council Decision 1999/468/EC of 28 June 1999 laying
down the procedures for the exercise of implementing
powers conferred on the Commission (2).

(11) Existing Community animal health requirements, and
more specifically Council Directive 92/65/EEC of 13 July
1965 laying down animal health requirements governing
trade in and imports into the Community of animals,
semen, ova and embryos not subject to animal health
laid down in specific Community rules
requirements
to Directive 90/425/EEC (3),
referred to in Annex A(I)
generally apply only to trade. To avoid commercial
movements
as
non-commercial movements of pet animals within the
meaning of this Regulation, the provisions of Directive
92/65/EEC on the movement of animals of the species
specified in Parts A and B of Annex I should be over-
hauled, with the aim of ensuring their uniformity with
the rules set out in this Regulation. With the same aim,
provision should be made for the possibility of specifying
a maximum number of animals that may be the subject of
movement within the meaning of this Regulation, above
which the rules regarding trade will apply.

fraudulently

disguised

being

(12) The measures provided for by this Regulation are designed
to ensure a sufficient level of safety in regard to those
health risks involved. They do not constitute unjustified
obstacles
field of
application, since they are based upon the conclusions
of groups of experts consulted on the matter and in
report by the Scientific Veterinary
particular on a
Committee published on 16 September 1997,

coming within its

to movement

HAVE ADOPTED THIS REGULATION:

It shall apply without prejudice to Regulation (EC) No 338/97.

Provisions based on considerations other than those relating to
animal-health requirements,
the
movement of certain species or breeds of pet animals, shall
not be affected by this Regulation.

and intended to restrict

Article 3

For the purposes of this Regulation:

(a)

‘pet animals’ means animals of the species listed in Annex I
which are accompanying their owners or a natural person
responsible for such animals on behalf of the owner during
their movement and are not intended to be sold or trans-
ferred to another owner;

(b) ‘passport’ means any document enabling the pet animal to
be clearly identified and including the points that enable its
status with regard to this Regulation to be checked, which
is to be drawn up in accordance with the second paragraph
of Article 17;

(c)

‘movement’ means any movement of a pet animal between
Member States or its entry or re-entry into the territory of
the Community from a third country.

Article 4

During an eight-year transitional period starting from the entry
into force of this Regulation, animals of the species listed in
Parts A and B of Annex I shall be regarded as identified where
they bear:

CHAPTER I

GENERAL PROVISIONS

Article 1

(a) either a clearly readable tattoo; or

(b) an electronic identification system (transponder).

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

(1) OJ L 61, 3.3.1997, p. 1. Regulation as last amended by Commission
Regulation (EC) No 2476/2001 (OJ L 334, 18.12.2001, p. 3).

(2) OJ L 184, 17.7.1999, p. 23.
(3) OJ L 268, 14.9.1992, p. 54. Directive as

last amended by
Commission Decision 2001/298/EC (OJ L 102, 12.4.2001, p. 63).

(b) of

In the case referred to in point
the preceding
subparagraph, where the transponder does not comply with
ISO Standard 11784 or Annex A to ISO Standard 11785,
the owner or the natural person responsible for the pet
the owner must provide the means
animal on behalf of
necessary for reading the transponder at
the time of any
inspection.

C 275 E/44

EN

Official Journal of the European Communities

12.11.2002

CHAPTER II

PROVISIONS APPLICABLE TO MOVEMENT BETWEEN MEMBER
STATES

nation and antibody titration requirements provided for in
the first subparagraph of this paragraph,
in accordance with
national rules in force on the date specified in the second
paragraph of Article 25.

Article 5

1. When being moved, pet animals of the species listed in
Parts A and B of Annex I must, without prejudice to the
requirements laid down in Article 6:

(a) be identified in accordance with Article 4, and

(b) be accompanied by a passport issued by a veterinarian
authorised by the competent authority certifying valid anti-
rabies vaccination, or
in
accordance with the recommendations of
the manufac-
in question
turing laboratory, carried out on the animal
with an inactivated vaccine of at least one antigenic unit
per dose (WHO standard).

re-vaccination if applicable,

2. Member States may authorise the movement of animals
listed in Parts A and B of Annex I which are under three
months old and unvaccinated,
if they are accompanied by a
passport and have stayed in the place in which they were born
since birth without contact with wild animals likely to have
been exposed to the infection or are accompanied by their
mothers on whom they are still dependent.

Article 6

1.
For a transitional period of five years starting from the
date of entry into force of this Regulation, entry of the pet
animals listed in Part A of Annex I into the territory of Ireland,
Sweden and the United Kingdom shall be subject
to the
following requirements:

— they must be identified in accordance with point (b) of the
first paragraph of Article 4, unless the Member State of
destination also recognises
identification in accordance
with point (a) of the first paragraph of Article 4, and

— they must be accompanied by a passport issued by a veter-
inarian authorised by the competent authority certifying —
in addition to the conditions laid down in Article 5(1)(b) —
a neutralising antibody titration at least equal to 0,5 IU/ml
carried out in an approved laboratory on a sample within
the periods laid down in national rules in force on the date
specified in the second paragraph of Article 25.

This antibody titration need not be repeated on an animal
which, following that titration, has been regularly re-vaccinated
at the intervals laid down in Article 5(1) without a break in the
vaccination protocol required by the manufacturing laboratory.

2.
Except where the competent authority grants a dero-
gation in specific cases, animals under three months old of
the species listed in Part A of Annex I may not be moved
before they have reached the required age for vaccination
and, where provided for in the rules, they have undergone a
test to determine antibody titration.

The transitional period laid down in paragraph 1 may be
3.
extended by the Council, acting by a qualified majority on a
proposal from the Commission.

Article 7

Movement between Member States or from a territory listed in
Section 2 of Part B of Annex II of animals of the species listed
in Part C of Annex I shall not be subject to any requirement
with regard to rabies. If necessary, specific requirements —
including a possible limit on the number of animals — and
a model certificate to accompany such animals may be drawn
in accordance with the procedure laid down in Article
up,
24(2), in respect of other diseases.

CHAPTER III

CONDITIONS RELATING TO MOVEMENTS FROM THIRD
COUNTRIES

Article 8

At the time of movement, pet animals of the species

1.
listed in Parts A and B of Annex I shall:

(a) when they come from a third country listed in Section 2 of

Part B and in Part C of Annex II, and enter:

(i) one of the Member States listed in Section 1 of part B
of Annex II, satisfy the requirements of Article 5(1);

(ii) one of the Member States listed in Part A of Annex II,
either directly or after transit through one of the terri-
tories
satisfy the
requirements of Article 6;

listed in Part B of Annex II,

(b) when they come from another third country and enter:

(i) one of the Member States listed in Section 1 of Part B

of Annex II:

The Member State of destination may exempt pet animals
moving between these three Member States from the vacci-

— be identified by means of the identification system

defined in Article 4 and

12.11.2002

EN

Official Journal of the European Communities

C 275 E/45

— have undergone:

Article 9

— anti-rabies vaccination in accordance with the

requirements of Article 5 and

— a neutralising antibody titration at least equal to
0,5 IU/ml carried out on a sample taken by an
authorised veterinarian at least thirty days after
vaccination and three months before being
moved.

The antibody titration need not be renewed on a
pet animal which has been re-vaccinated at the
intervals laid down in Article 5(1).

This three-month period shall not apply to the
re-entry of a pet animal whose passport certifies
that the titration was carried out, with a positive
result, before the animal left the territory of the
Community;

(ii) one of the Member States listed in Part A of Annex II,
either immediately or after transit through one of the
territories listed in Part B of Annex II, be placed in
into
quarantine unless
conformity with the requirements of Article 6 after
their entry into the Community.

they have been brought

Pet animals must be accompanied by a certificate issued
2.
by an official veterinarian or, on re-entry, by a passport
certifying compliance with the provisions of paragraph 1.

3.

Notwithstanding the above provisions:

(a) pet animals from the territories listed in Section 2 of Part B
of Annex II for which it has been established, under the
procedure laid down in Article 24(2), that such territories
apply rules at
to Community rules as
provided for in Chapter III, shall be subject to the rules
laid down in Chapter II;

least equivalent

(b) the movement of pet animals between, respectively, San
Marino, The Vatican and Italy, Monaco and France,
Andorra and France or Spain, and Norway and Sweden
may continue under the conditions laid down by national
rules in force on the date laid down in the second
paragraph of Article 25;

(c)

in accordance with the procedure laid down in Article
24(2) and on conditions to be determined, the entry of
unvaccinated pet animals under three months old of the
species listed in Part A of Annex I from the third countries
listed in Parts B and C of Annex II may be authorised
where the rabies situation in the country concerned so
warrants.

The conditions applicable to the movement of animals of the
species listed in Part C of Annex I from third countries, and the
model certificate which must accompany them, shall be estab-
lished in accordance with the procedure laid down in Article
24(2).

Article 10

The list of third countries provided for in Part C of Annex II
shall be drawn up before the date provided for in the second
paragraph of Article 25 and in accordance with the procedure
laid down in Article 24(2). To be included on that list, a third
country must first demonstrate its status with regard to rabies
and that:

(a) notification to the authorities of the suspicion of rabies is

obligatory;

(b) an efficient monitoring system has been in place for at least

two years;

(c)

the structure and organisation of its veterinary services are
sufficient to guarantee the validity of the certificates;

(d) all the regulatory measures for the prevention and control
of rabies have been implemented, including the rules on
imports;

(e) regulations are in force on the marketing of anti-rabies
vaccines (list of authorised vaccines and laboratories).

Article 11

for

the non-commercial movement of pets

Member States shall provide the public with clear and easily
accessible information concerning the health requirements that
apply
in
Community territory and the conditions under which they
may enter or re-enter such territory. They shall also ensure
that personnel at entry points are fully informed of
these
rules and are able to implement them.

Article 12

Member States shall take the measures necessary to ensure that
pet animals brought into Community territory from a third
country other than those listed in Section 2 of Part B of
Annex II are subject:

4.
The arrangements for implementing this Article, and in
particular the model certificate, shall be adopted in accordance
with the procedure laid down in Article 24(2).

(a)

if there are five pet animals or less, to documentary and
identity checks by the competent authorities at
the
travellers' point of entry into Community territory;

C 275 E/46

EN

Official Journal of the European Communities

12.11.2002

(b) if there are more than five pet animals, to the requirements

and checks laid down in Directive 92/65/EEC.

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

an authorised veterinarian and the test must be carried out by a
laboratory approved in accordance with Council Decision
2000/258/EC of 20 March 2000 designating a specific
institute responsible for establishing the criteria necessary for
standardising the serological tests to monitor the effectiveness
of rabies vaccines (1).

Article 13

Article 16

Each Member State shall draw up a list of points of entry as
referred to in Article 12 and forward it to the other Member
States and to the Commission.

Article 14

At the time of any movement, the owner or natural person
responsible for the pet animal must be able to present the
authorities responsible for checks with a passport or the
certificate provided for in Article 8(2) certifying that
the
animal meets the requirements laid down for such movement.

In particular,
in the case referred to in point (b) of the first
paragraph of Article 4, where the transponder does not comply
with ISO Standard 11784 or Annex A to ISO Standard 11785,
the owner or natural person responsible for the pet animal
must provide the means necessary for reading the transponder
at the time of any inspection.

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

(a) to return the animal to its country of origin;

For a transitional period of five years starting from the date of
entry into force of this Regulation, those Member States which
have special rules for the control of echinococcosis and ticks
on the date on which this Regulation comes into force may
make the entry of pet animals into their territory subject to
compliance with those requirements.

For this purpose, they shall send the Commission a report on
their situation with regard to the disease in question, setting
out grounds for the need for additional guarantees to prevent
the risk of introduction of the disease.

The Commission shall inform the Member States within the
Committee provided for in Article 24 of those additional guar-
antees.

Article 17

For the movement of animals of the species listed in Parts A
and B of Annex I, requirements other than those laid down by
this Regulation may be laid down in accordance with the
procedure laid down in Article 24(2).

(b) to isolate the animal under official control for the time
necessary for it to meet the health requirements, at the
expense of the owner or the natural person responsible
for it; or

The model passports which must accompany animals of the
species listed in Parts A and B of Annex I which are being
moved shall be drawn up in accordance with the procedure
laid down in Article 24(2).

(c) as a last resort,

the animal down — without
financial compensation — where its return or isolation in
quarantine cannot be envisaged.

to put

Member States shall ensure that animals which are refused
authorisation to enter Community territory are housed under
official control pending return to their country of origin or any
other administrative decision.

CHAPTER IV

COMMON AND FINAL PROVISIONS

Article 15

Where the requirements applicable to movement provide for
an antibody titration for rabies, the sample must be taken by

Article 18

The safeguard measures provided for by Council Directive
90/425/EEC of 26 June 1990 concerning veterinary and
zootechnical checks applicable in intra-Community trade in
certain live animals and products with a view to the
completion of the internal market (2) and Council Directive
91/496/EEC of 15 July 1991 laying down the principles
governing the organisation of veterinary checks on animals
entering the Community from third countries and amending
Directives 89/662/EEC, 90/425/EEC and 90/675/EEC (3) shall
apply.

(1) OJ L 79, 30.3.2000, p. 40.
(2) OJ L 224, 18.8.1990, p. 29. Directive as last amended by Directive

92/118/EEC (OJ L 62, 15.3.1993, p. 49).

(3) OJ L 268, 24.9.1991, p. 56. Directive as last amended by Directive

96/43/EC (OJ L 162, 1.7.1996, p. 1).

12.11.2002

EN

Official Journal of the European Communities

C 275 E/47

In particular, at the request of a Member State or on the
initiative of the Commission, where the rabies situation in a
Member State or a third country so warrants, a decision may
be taken,
in accordance with the procedure laid down in
Article 24(3), that animals of the species listed in Parts A
and B of Annex I coming from that territory must meet the
conditions laid down in Article 8(1)(b).

The certificate accompanying the animals must also
confirm that, twenty-four hours before dispatch of the
animals, a clinical examination was carried out by a
veterinarian authorised by the competent authority
showing the animals to be in good health and able to
withstand carriage to their destination.

Article 19

___________
(*) OJ L . . ., . . . 2002, p. . . .’.

to take

Part C of Annex I and Parts B and C of Annex II may be
amended in accordance with the procedure laid down in
Article 24(2)
in the
situation within Community territory or in third countries as
regards diseases affecting the species of animals covered by this
Regulation, in particular rabies, and, if need be, limit, for the
purposes of this Regulation, the number of animals which can
be moved.

account of developments

(c)

in paragraph 4 the following shall be added after
‘carnivores’:

‘with the exception of
paragraphs 2 and 3,’;

the species

referred to in

(d) paragraph 8 shall be deleted.

Article 20

2. The following subparagraphs shall be added to Article 16:

Any implementing measures necessary shall be adopted in
accordance with the procedure laid down in Article 24(2).

Article 21

Any transitional provisions may be adopted in accordance with
the procedure laid down in Article 24(2).

Article 22

Council Directive 92/65/EEC shall be amended as follows:

‘With respect to cats, dogs and ferrets,
import conditions
must be at least equivalent to those of Chapter III of Regu-
lation (EC) No . . ./2002.

The certificate accompanying the animals must also confirm
that, twenty-four hours before dispatch of the animals, a
clinical examination was carried out by a veterinarian auth-
orised by the competent authority showing the animals to
be in good health and able to withstand carriage to their
destination.’.

1.

in Article 10:

Article 23

(a)

in paragraph 1 the word ‘ferrets’ shall be deleted;

(b) paragraphs 2 and 3 shall be replaced by the following:

‘2.
To be the subject of trade, dogs, cats and ferrets
must satisfy the requirements set out in Articles 5 and
16 of Regulation (EC) No . . ./2002 of the European
the Council on the animal-health
Parliament and of
requirements
non-commercial
movement of pet animals and amending Council
Directive 92/65/EEC (*).

applicable

the

to

The certificate accompanying the animals must also
confirm that, 24 hours before dispatch of the animals,
a clinical examination was carried out by a veterinarian
authorised by the competent authority showing the
animals to be in good health and able to withstand
carriage to their destination.

3.
By way of derogation from paragraph 2, when
trade is to Ireland, the United Kingdom or Sweden,
dogs, cats and ferrets shall be subject to the conditions
set out
in Articles 6 and 16 of Regulation (EC)
No . . ./2002.

Before 1 February 2007 the Commission, after receipt of the
opinion of the European Food Safety Authority on the need to
maintain the serological test, shall submit to the European
Parliament and the Council a report, based on experience
gained and on a risk evaluation, together with appropriate
proposals for determining the regime to be applied with
effect from 1 January 2008 for Articles 6, 8 and 16.

Furthermore, before 1 January 2009 the Commission shall
submit to the Council a report based on experience gained
to determine the definitive system of identification provided
for in Article 4. However, the need to require compliance
with ISO standards for
in
Articles 4 and 14 must be the subject of a Commission
report before 1 January 2005.

the transponders provided for

Article 24

1.

The Commission shall be assisted by a Committee.

2. Where reference is made to this paragraph, Articles 5 and
7 of Decision 1999/468/EC shall apply in compliance with the
provisions of Article 8 thereof where measures have as their
direct objective the protection of public health.

C 275 E/48

EN

Official Journal of the European Communities

12.11.2002

The period laid down in Article 5(6) of Decision 1999/468/EC
shall be set at three months.

4.

The Committee shall adopt its rules of procedure.

3. Where reference is made to this paragraph, Articles 5 and
7 of Decision 1999/468/EC shall apply in compliance with the
provisions of Article 8 thereof where measures have as their
direct objective the protection of public health.

Article 25

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

The period provided for
1999/468/EC shall be set at fifteen days.

in Article 5(6) of Decision

It shall apply from . . . (*).

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

Done at . . .

For the European Parliament

The President

For the Council

The President

(*) Twelve months after the entry into force of this Regulation.

12.11.2002

EN

Official Journal of the European Communities

C 275 E/49

ANNEX I

SPECIES OF ANIMALS

PART A

Dogs

Cats

PART B

Ferrets

PART C

Invertebrates (except bees and crustaceans), ornamental tropical fish, amphibia, reptiles. Birds: all species (except poultry
covered by Council Directives 90/539/EEC (1) and 92/65/EEC). Mammals: rodents and domestic rabbits.

(1) Council Directive 90/539/EEC of 15 October 1990 on animal health conditions governing intra-Community trade in, and imports
from third countries of, poultry and hatching eggs (OJ L 303, 31.10.1990, p. 6). Directive as last amended by Commission Decision
2001/867/EC (OJ L 323, 7.12.2001, p. 29).

C 275 E/50

EN

Official Journal of the European Communities

12.11.2002

ANNEX II

LISTS OF COUNTRIES AND TERRITORIES

PART A

Sweden

Ireland

United Kingdom

PART B

Section 1

Member States other than those listed in A

Section 2

Andorra

Iceland

Liechtenstein

Monaco

Norway

San Marino

Switzerland

The Vatican

PART C

List of third countries or parts of territories provided for in Article 10.

12.11.2002

EN

Official Journal of the European Communities

C 275 E/51

STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

On 19 September 2000 the Commission submitted its original proposal (1), which it subsequently
amended (2) on 25 June 2001.

The European Parliament delivered its Opinion on that proposal at first reading on 2 and 3 May
2001 (3).

The Economic and Social Committee delivered an Opinion on 29 November 2001 (4).

The Committee of the Regions decided not to deliver an opinion.

After examining the Opinions delivered, the Council adopted a common position on 27 June 2002.

II. OBJECTIVE OF THE PROPOSED REGULATION

The purpose of the Regulation is to facilitate the free movement of pet animals while guaranteeing a
high level of protection for human and animal health. To that end, it seeks to harmonise animal-health
measures and the controls on non-commercial movements of pet animals within the Community and
from non-member countries.

III. ANALYSIS OF THE COMMON POSITION

The Council, the European Parliament and the Commission share the same view on the balance to be
achieved between the various objectives to be pursued, i.e. the maintenance of a high level of health
protection in territories in which there has been no incidence of rabies for decades while ensuring the
free movement of animals and their owners without excessive obstruction.

The Commission and the European Parliament have pointed out that that balance could be achieved by
consolidating the situation created by the new rules intended to take the place of quarantine in those
Member States that have required it to date for a transitional period long enough to permit the
re-assessment of those rules.

The Council shared that approach, but felt it was necessary to lay down, for the entire European
Community, rules for the admission of pet animals from non-member countries since the risk of
spreading rabies was caused above all by animals that had stayed in non-member countries in
In order to guarantee a high level of protection against rabies those
which rabies was endemic.
rules are modulated in order to take account of the epidemiological situations in different non-member
countries. They also take account of the special situations of certain non-member countries that belong
to the same geographical region as the Community and have the same health status.

In addition, the European Parliament considered it useful to make the identification of dogs and cats by
tattooing transitional. The Council agreed to that approach, but postponed a decision on the choice of
identification methods.

Accordingly, the Council does not consider it necessary to specify immediately that only transponders
complying with standard ISO 11784 may be used, but prefers to postpone that decision to a
subsequent review. It has therefore not accepted Amendment 7 of the European Parliament.

(1) Doc. 11596/00.
(2) Doc. 12488/01.
(3) OJ C 27 E, 31.1.2002, p. 50.
(4) OJ C 116, 20.4.2001, p. 54.

C 275 E/52

EN

Official Journal of the European Communities

12.11.2002

In order to guarantee greater transparency in the text and observe more fully the distinction between
the basic components of the instrument, which can be amended only by legislative procedure, and the
technical aspects, which can be updated by implementing measures (committee procedure), the Council
has incorporated all the essential features,
including the list of Member States that impose special
requirements with regard to rabies, in the text of the Regulation.

Beyond that, the Council has adopted the other European Parliament amendments accepted by the
Commission, albeit it with a number of drafting changes.
It has also to a large extent adopted
Amendment 13 on puppies and kittens, even if Article 4(2) allows for certain exceptions for
movements between Member States.

The common position adopted by the Council is still based on the double legal basis of Articles 37 and
152(4)(b) TEC, since it deals with veterinary matters and is intended to protect both human and animal
health. It is therefore only some of its provisions (in particular those concerning rabies) that can be said
to have as their direct objective the protection of public health.

The Council felt that the reference to the decision of the OIE Animal Health Code would result in the
exclusion of certain parts of the European Community from free movement,
in particular after
enlargement, and it has not adopted European Parliament Amendment 10.

Finally, the Council has rejected Amendment 14, which sought to exclude ferrets from the scope of the
Regulation, as it preferred,
in view of the movements of such pet animals, to incorporate in the
common position special rules that took account of that species's characteristics and the availability
of anti-rabies vaccines.

In conclusion, the Council considered it indispensable to lay down provisions to prevent any circum-
vention of the rules and in particular the possibility that commercial movements of pet animals could
be carried out as non-commercial. To that end, in agreement with the Commission, it has made the
necessary amendments to Directive 92/65/EC, which covers the commercial movements of the species
covered by this Regulation.

IV. CONCLUSION

The Council feels that the fact that it has to a very large extent taken account of the European
Parliament's positions ought to lead to the early adoption of the Regulation.