2004/301/EC: Commission Decision of 30 March 2004 derogating from Decisions 2003/803/EC and 2004/203/EC as regards the format for certificates and passports for the non-commercial movement of dogs, cats and ferrets and amending Decision 2004/203/EC (Text with EEA relevance) (notified under document number C(2004) 1068)
Date: 2004-03-30
Institutions: European Commission
Subjects: derogation from EU law, domestic animal, import (EU), intra-EU trade, transport document, transport of animals, veterinary inspection

2.4.2004

EN

Official Journal of the European Union

L 98/55

COMMISSION DECISION

of 30 March 2004

derogating from Decisions 2003/803/EC and 2004/203/EC as regards the format for certificates and
passports for the non-commercial movement of dogs, cats and ferrets and amending Decision
2004/203/EC

(notified under document number C(2004) 1068)

(Text with EEA relevance)

(2004/301/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Regulation (EC) No 998/2003 of the Euro-
pean 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 (1), and in particular Articles 8(4) and 21 thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

Regulation (EC) No 998/2003 establishes veterinary
conditions applying to non-commercial movements of
pet dogs, cats and ferrets.

Commission Decision 2003/803/EC (2)
establishes a
model passport
for non-commercial movements of
animals of those species between Member States, and
Commission Decision 2004/203/EC (3)
establishes a
model certificate for non-commercial movements from
third countries.

From 3 July 2004 documents complying with those
models should be presented to the authorities respon-
sible for checks.

To facilitate the transition to the arrangements of Regu-
lation (EC) No 998/2003, certificates issued for non-
commercial entry into a Member State before that Regu-
lation applies, should be considered valid until
their
expiry date if they comply with the conditions estab-
lished by that Regulation.

Nevertheless, as regard the specific situation of Member
States listed in Annex II, part A,
it is appropriate to
maintain during this transitional period the national
conditions applicable to the acceptance of rabies certifi-
cation.

It is also appropriate to recognise as valid antibody titra-
tions performed on the basis of national provisions
which were applicable before the adoption of Commis-

(1) OJ L 146, 13.6.2003, p. 1.
(2) OJ L 312, 27.11.2003, p. 1.
(3) OJ L 65, 3.3.2004, p. 13.

sion Decision 2001/296/EC of 29 March 2001 author-
ising laboratories to check the effectiveness of vaccina-
tion against rabies in certain domestic carnivores (4).

Furthermore, taking into account the request of certain
third countries, the model passport established by Deci-
sion 2003/803/EC for non-commercial intra-Community
movements of dogs, cats and ferrets should be recog-
nised as valid for non-commercial movements of
animals of those species from third countries listed in
section 2 of part B of Annex II to Regulation (EC) No
998/2003 as an alternative to the certificates in force for
movements from third countries.

Since Regulation (EC) No 998/2003 will apply from 3
July 2004, this Decision should apply from the same
date.

The measures provided for in this Decision are in
accordance with the opinion of the Standing Committee
on the Food Chain and Animal Health,

(7)

(8)

(9)

HAS ADOPTED THIS DECISION:

Article 1

authorise

By way of derogation from Decisions 2003/803/EC and 2004/
203/EC, and with regard to rabies certifications, Member States
shall
the non-commercial movement between
Member States and from third countries of dogs, cats and
ferrets accompanied by a certificate in a format different to the
models established by those Decisions provided that it meets
the following requirements:

(a) it has been issued before 3 July 2004;

(b) its period of validity has not expired; and

(c) it attests compliance with conditions established by Regu-

lation (EC) No 998/2003.

Nevertheless, the United Kingdom, Ireland and Sweden may
maintain the national conditions applicable before 3 July 2004
for the acceptance of rabies certification.

(4) OJ L 102, 12.4.2001, p. 58.

L 98/56

EN

Official Journal of the European Union

2.4.2004

Article 2

Antibody titrations performed on the basis of national provi-
sions before the entry in force of Decision 2001/296/EC estab-
lishing a list of laboratories authorised to carry out this test
shall be considered as valid.

Article 3

By way of derogation from paragraph 1, Member
2.
States shall authorise the non-commercial movement of
dogs, cats and ferrets accompanied by a passport in accord-
ance with the model established by Decision 2003/803/EC
from those third countries listed in section 2 of part B of
Annex II to Regulation (EC) No 998/2003 which have noti-
fied the Commission and the Member States of their inten-
tion to use the passport instead of the certificate.’

Article 1 of Decision 2004/203/EC is
following:

replaced by the

This Decision shall apply from 3 July 2004.

Article 4

‘Article 1

1.
This Decision establishes the model certificate for
non-commercial-movements from third countries of pet
animals of the species dogs, cats and ferrets, provided for
in Article 8(4) of Regulation (EC) No 998/2003.

That certificate shall be required for entries from all third
countries into a Member State other than Ireland, Sweden
and the United Kingdom and for entries into Ireland,
Sweden and the United Kingdom from third countries
listed in section 2 of part B and part C of Annex II to Regu-
lation (EC) No 998/2003.

This Decision is addressed to the Member States.

Article 5

Done at Brussels, 30 March 2004.

For the Commission

David BYRNE

Member of the Commission