Regulation (EC) No 998/2003 of the European Parliament and of the Council of 26 May 2003 on the animal health requirements applicable to the non-commercial movement of pet animals and amending Council Directive 92/65/EEC
Date: 2003-05-26
Institutions: Council of the European Union, European Parliament
Subjects: animal disease, domestic animal, health certificate, import (EU), transport document, transport of animals, veterinary inspection

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I

(Acts whose publication is obligatory)

REGULATION (EC) No 998/2003 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 26 May 2003

on the animal health requirements applicable to the non-commercial movement of pet animals and
amending Council Directive 92/65/EEC

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

foxes

of
in regions affected by the sylvatic-rabies
epidemic that has swept through north-eastern Europe
since the 1960s.

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

(4)

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), in the light of the joint text approved by
the Conciliation Committee on 18 February 2003.

Whereas:

(1)

(2)

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.

This Regulation concerns the movement of live animals
covered by Annex I to the Treaty. Some of its provi-
sions, 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 10 years the rabies situation has improved
spectacularly throughout the Community following the
implementation of programmes for the oral vaccination

(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 (OJ
C 275 E, 12.11.2002, p. 42) and European Parliament Decision of
22 October 2002 (not yet published in the Official
Journal).
European Parliament Decision of 10 April 2003 and Council Deci-
sion of 25 April 2003.

This improvement has led the United Kingdom and
Sweden to abandon the system of six months' quarantine
which they applied for decades, in favour of an alterna-
tive, less restrictive system providing an equivalent level
of safety. Provision should therefore be made at Commu-
nity 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 propo-
sals. Provision should also be made for a rapid procedure
to decide on a temporary extension of the above transi-
tional regime, particularly if the scientific assessment of
the experience gained were to make necessary longer
time periods than those currently laid down.

(5)

(6)

(7)

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.
The animal health requirements generally applicable
hitherto by the Member States to pet carnivores intro-
duced from such third countries should accordingly be
made more stringent.

However, derogations should be considered for move-
ment from third countries belonging, from the animal
health standpoint, to the same geographical region as
the Community.

Article 299(6)(c) of the Treaty and Council Regulation
(EEC) No 706/73 of 12 March 1973 concerning the
Community arrangements applicable to the Channel
Islands and the Isle of Man for trade in agricultural
products (4), provide that Community veterinary legisla-
tion 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.

(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).

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(8)

(9)

A legal framework should also be established for the
animal health requirements applicable to non-commer-
cial 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.

HAVE ADOPTED THIS REGULATION:

CHAPTER I

General provisions

Article 1

is appropriate that

It
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).

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.

(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
1992 laying down animal health requirements governing
trade in and imports into the Community of animals,
semen, ova and embryos not subject to animal health
requirements laid down in specific Community rules
referred to in Annex A(I) to Directive 90/425/EEC (3),
generally apply only to trade. To avoid commercial
movements being
as non-
fraudulently
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 speci-
fying a maximum number of animals that may be the
subject of movement within the meaning of this Regula-
tion, above which the rules regarding trade will apply.

disguised

(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 to movement coming within its
field of application, since they are based upon the
conclusions of groups of experts consulted on the matter
and in particular on a report by the Scientific Veterinary
Committee published on 16 September 1997,

(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 Commis-
sion Regulation (EC) No 1282/2002 (OJ L 187, 16.7.2002, p. 3).

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.

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

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

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

1.
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:

(a) either a clearly readable tattoo; or

(b) an electronic identification system (transponder).

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

2. Whatever form the animal
identification system takes,
provision shall also be made for the indication of details identi-
fying the name and address of the animal's owner.

3. Member States which require animals entering their terri-
tory, otherwise than into quarantine, to be identified in accor-
dance with point (b) of the first subparagraph of paragraph 1
may continue to do so during the transitional period.

4.
After the transitional period, only the method referred to
in point (b) of the first subparagraph of paragraph 1 shall be
accepted as the means of identifying an animal.

CHAPTER II

Provisions applicable to movement between Member
States

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 revaccination if applicable, in accor-
dance with the recommendations of
the manufacturing
laboratory, carried out on the animal in question with an
inactivated vaccine of at least one antigenic unit per dose
(WHO standard).

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,
to the
Sweden and the United Kingdom shall be subject
following requirements:

— they must be identified in accordance with point (b) of the
first subparagraph of Article 4(1), unless the Member State
of destination also recognises identification in accordance
with point (a) of the first subparagraph of Article 4(1), and

— they must be accompanied by a passport issued by a veteri-
narian 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 revaccinated
at the intervals laid down in Article 5(1) without a break in the
vaccination protocol required by the manufacturing laboratory.

The Member State of destination may exempt pet animals
moving between these three Member States from the vaccina-
tion and antibody titration requirements provided for in the
first
in accordance with
this paragraph,
national rules in force on the date specified in the second para-
graph of Article 25.

subparagraph of

2.
Except where the competent authority grants a deroga-
tion 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 deter-
mine antibody titration.

3.
The transitional period laid down in paragraph 1 may be
extended by the European Parliament and the Council, acting
on a proposal from the Commission in accordance with the
Treaty.

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
specific requirements,
If necessary,
with regard to rabies.
including a possible limit on the number of animals, and a
model certificate to accompany such animals may be drawn
up,
in accordance with the procedure laid down in Article
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 listed

1.
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);

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

(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:

— be identified by means of the identification system

defined in Article 4, and

— have undergone:

— 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 30 days after
vaccination and three months before being
moved.

The antibody titration need not be renewed on
a pet animal which has been revaccinated 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
quarantine unless they have been brought into confor-
mity with the requirements of Article 6 after their entry
into the Community.

2.
Pet animals must be accompanied by a certificate issued
by an official veterinarian or, on re-entry, by a passport certi-
fying 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
to Community rules as
apply rules at
provided for in this Chapter, shall be subject to the rules
laid down in Chapter II;

least equivalent

(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.

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).

Article 9

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

(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;

Member States shall provide the public with clear and easily
accessible information concerning the health requirements that
apply for the non-commercial movement of pets in Commu-
nity 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.

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Article 12

(c) as a last resort, to put the animal down, without financial
compensation, where its return or isolation in quarantine
cannot be envisaged.

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:

(a) if there are five pet animals or less, to documentary and
identity checks by the competent authorities at the travel-
lers' point of entry into Community territory;

(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.

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

Article 13

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.

Where the requirements applicable to movement provide for
an antibody titration for rabies, the sample must be taken by
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 standar-
dising the serological tests to monitor the effectiveness of rabies
vaccines (1).

Article 14

Article 16

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 certifi-
cate 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
subparagraph of Article 4(1), 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 trans-
ponder at the time of any inspection.

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

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

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

(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

For the movement of animals of the species listed in parts A
and B of Annex I, requirements of a technical nature other than
those laid down by this Regulation may be laid down in accor-
dance with the procedure laid down in Article 24(2).

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

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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).

Article 18

The safeguard measures provided for by Council Directive 90/
425/EEC of 26 June 1990 concerning veterinary and zootech-
nical checks applicable in intra-Community trade in certain live
animals and products with a view to the completion of the
internal market (1), and Council Directive 91/496/EEC of 15
July 1991 laying down the principles governing the organisa-
tion of veterinary checks on animals entering the Community
from third countries and amending Directives 89/662/EEC, 90/
425/EEC and 90/675/EEC (2), shall apply.

In particular, at the request of a Member State or on the initia-
tive 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).

Article 19

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) to take account of developments 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.

(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 998/2003 of the European
Parliament and of the Council of 26 May 2003 on the
animal health requirements applicable to the non-
commercial movement of pet animals and amending
Council Directive 92/65/EEC (*).

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 998/2003.

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.

(*) OJ L 146, 13.6.2003, p. 1.’

(c) in paragraph 4 the following shall be added after

‘carnivores’:

‘with the exception of the species referred to in para-
graphs 2 and 3’;

(d) paragraph 8 shall be deleted.

Article 20

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

Any implementing measure of a technical nature shall be
adopted in accordance with the procedure laid down in Article
24(2).

import conditions
‘With respect to cats, dogs and ferrets,
must be at least equivalent to those of Chapter III of Regula-
tion (EC) No 998/2003.

Article 21

Any transitional implementing provisions may be adopted in
accordance with the procedure laid down in Article 24(2) to
permit the changeover from the current arrangements to the
arrangements established by this Regulation.

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.’

Article 22

Article 23

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

1.

in Article 10:

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

(1) 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).

(2) 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).

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 to 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.

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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, having regard to the
provisions of Article 8 thereof.

The period referred to in Article 5(6) of Decision 1999/468/EC
shall be three months.

3. Where reference is made to this paragraph, Articles 5 and
7 of Decision 1999/468/EC shall apply, having regard to the
provisions of Article 8 thereof.

The period referred to in Article 5(6) of Decision 1999/468/EC
shall be 15 days.

4.

The Committee shall adopt its rules of procedure.

Article 25

This Regulation shall enter into force on the 20th day after that
of its publication in the Official Journal of the European Union.

It shall apply from 3 July 2004.

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

Done at Brussels, 26 May 2003.

For the European Parliament

The President

P. COX

For the Council

The President

G. DRYS

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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).

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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.