Proposal for a Council Decision amending Regulation (EC) 998/2003 to take account of the accession of Malta
Date: 2004-06-23
Institutions: European Commission
Subjects: Malta, accession to the European Union, animal disease, domestic animal, health control, transport of animals

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 23.6.2004 
COM(2004) 441 final 

Proposal for a 

COUNCIL DECISION 

amending Regulation (EC) 998/2003 to take account of the accession of Malta 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

Certain acts adopted by the European Union require adaptation by reason of Accession, and 
the necessary adaptations were not provided for in the Act of Accession. 

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

The  island  of  Malta  has  maintained  a  system  of  6  months  quarantine  for  imports  for 
appropriate  species  until  the  present  time,  but  as  new  Member  States  that  has  joined  the 
European  Community  it  will  have  to  abandon  this  regime  to  transpose  and  implement  the 
Regulation (EC) No 998/2003 as from 3rd July 2004. 

Malta maintained in negotiations for enlargement that as an island with a similar health status 
for  freedom  from  Rabies  to  that  of  Sweden,  Ireland  and  the  United  Kingdom,  that  Malta 
should  be  treated  in  the  same  category  as  these  three  Member  States,  a  position  that  was 
accepted in Council in the course of negotiations with all Member States. 

Regulation  (EC)  No  998/2003  divides  Member  States  into  two  categories  according  to  the 
history  of  their  controls  against  rabies,  with  Sweden,  Ireland  and  the  United  Kingdom 
permitted  a  transitional  period  of  five  years  for  controls  on  dogs,  cats,  and  ferrets  entering 
their territory. 

Malta should therefore be added to the current list of three Member States - Sweden, Ireland 
and the United Kingdom, which have been granted a transitional period under this Regulation; 
during this period the same measures applying to movements into these three Member States 
concerning  the  non  commercial  movement  of  pet  dogs,  cats  and  ferrets,  shall  apply  for 
movements into Malta. 

Regulation (EC) No 998/2003 should be amended appropriately. 

EN 

2 

   EN 

 
Proposal for a 

COUNCIL DECISION 

amending Regulation (EC) 998/2003 to take account of the accession of Malta 

(Text with EEA relevance) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, 

Having  regard  to  the  Act  of  Accession  of  the  Czech  Republic,  Estonia,  Cyprus,  Latvia, 
Lithuania,  Hungary,  Malta,  Poland,  Slovenia  and  Slovakia1,  and  in  particular,  Article  57 
thereof, 

Whereas: 

(1) 

(2) 

For  certain  acts  adopted  by  the  European  Union,  which  remain  valid  beyond  1  May 
2004,  and  require  adaptation  by  reason  of  accession,  the  necessary  adaptations  were 
not provided for in the Act of Accession, in particular in its Annex II. 

Regulation  (EC)  No  998/20032  establishes  veterinary  conditions  applying  to 
non-commercial movements of pet dogs, cats and ferrets, and is one of these acts that 
must be adapted. 

(3)  Malta  has  maintained  a  system  of  6  months  quarantine  for  imports  for  the  species 
concerned until the present time, but shall abandon  this regime  in  order to transpose 
and implement Regulation (EC) No 998/2003 as from 3rd July 2004. 

(4) 

(5) 

In the course of the negotiations for enlargement it was accepted that Malta being an 
island  with  a  similar  health  status  for  freedom  from  Rabies  to  that  of  Ireland,  the 
United  Kingdom  and  Sweden,  should  be  treated  in  the  same  category  as  these  three 
Member States. 

Regulation (EC) No 998/2003 divides Member States into two categories according to 
the history of their controls against rabies, and grants Sweden, Ireland and the United 
Kingdom  a  transitional  period  of  five  years  for  controls  on  dogs,  cats,  and  ferrets 
entering their territory. 

(6)  Malta should therefore be added to the list of Member States which have been granted 

a transitional period under this Regulation. 

1 
2 

OJ L 236, 23.9.2003, p. 33. 
OJ L 146, 13.6.2003, p. 1. Regulation as last amended by Commission Regulation (EC) No 592/2004 
(OJ L 94, 31.3.2004, p. 7). 

EN 

3 

   EN 

 
                                                 
(7) 

Regulation (EC) No 998/2003 should be amended accordingly. 

HAS ADOPTED THIS DECISION: 

Article 1 

Regulation  (EC)  No  998/2003  on  the  animal  health  requirements  applicable  to  the 
non-commercial  movement  of  pet  animals  and  amending  Council  Directive  92/65/EEC  is 
amended as follows: 

1. 

2. 

3. 

In  Article  6.1  first  sentence  of  Regulation  (EC)  No  998/2003  the  word  ‘Malta,’  is 
added after the word ‘Ireland’. 

In Article 6.1 third paragraph the words ‘these three Member States’ are replaced by 
the words ‘these four Member States’. 

In Annex II part A in the list of countries and territories, the word ‘Malta,’ is added 
after ‘Ireland’. 

This  Decision  shall  apply  from  the  20th  day  following  that  of  its  publication  in  the  Official 
Journal of the European Union. 

Article 2 

Article 3 

This Decision is addressed to the Member states. 

Done at Brussels, 

For the Council 
The President 

EN 

4 

   EN