Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Directive 92/65/EEC as regards the animal health requirements governing intra-Union trade in and imports into the Union of dogs, cats and ferrets
Date: 2012-03-05
Institutions: European Commission
Subjects: animal disease, animal welfare, domestic animal, health certificate, health control, transport of animals, veterinary inspection

EUROPEAN COMMISSION 

Brussels, 5.3.2012  
COM(2012) 90 final 

2012/0040 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Council Directive 92/65/EEC as regards the animal health requirements 
governing intra-Union trade in and imports into the Union of dogs, cats and ferrets 

(Text with EEA relevance) 

 
 
  
 
EXPLANATORY MEMORANDUM 

The  aim  of  this  proposal  is  to  amend  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/EEC1. 

Directive 92/65/EEC lays down inter alia the animal health requirements governing trade in 
and imports into the Union of dogs, cats and ferrets. Those requirements refer to the relevant 
animal  health  requirements  laid  down  in  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/EEC2. 

The  repeal  of  Regulation  (EC)  No  998/2003  by  Regulation  (EU)  No  xxx/2012  of  the 
European  Parliament  and  of  the  Council  on  the  non-commercial  movement  of  pet  animals3 
makes  it  necessary  to  amend  Directive  92/65/EEC  in  order  to  delete  and  replace  the 
references to Regulation (EC) No 998/2003 by references to Regulation (EU) No xxx/2012. 

In addition, Directive 92/65/EEC should also be amended to take account of the adoption of 
Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during 
transport  and  related  operations  and  amending  Directives  64/432/EEC  and  93/119/EC  and 
Regulation (EC) No 1255/974, which applies to the transport of dogs, cats and ferrets carried 
out within the Union. 

Moreover, experience in the application of Directive 92/65/EEC has shown that operators find 
it  difficult  to  comply  with  the  requirement  laid  down  in  that  Directive  that  a  clinical 
examination is carried out on animals 24 hours before their dispatch. The recommendations of 
the World Organisation for Animal Health for imports of dogs and cats provide for a clinical 
examination  to  be  carried  out  48  hours  before  shipment  of  the  animals.  It  is  therefore 
appropriate  to  extend  the  time  limit  laid  down  in  Directive  92/65/EEC  to  48  hours  and  to 
amend that Directive accordingly. 

The proposal has no financial implication for the budget of the Union. 

This  proposal  and  the  proposal  repealing  and  replacing  Regulation  (EC)  No  998/2003  are 
presented together in order to be adopted simultaneously. 

1 
2 
3 
4 

OJ L 268, 14.9.1992, p. 54. 
OJ L 146, 13.6.2003, p. 1. 
OJ L […], […], p. […]. 
OJ L 3, 5.1.2005, p. 1. 

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2012/0040 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Council Directive 92/65/EEC as regards the animal health requirements 
governing intra-Union trade in and imports into the Union of dogs, cats and ferrets 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 43(2) thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national Parliaments, 

Having regard to the opinion of the European Economic and Social Committee5, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

The animal health requirements governing trade in and imports into the Union of dogs, 
cats and ferrets are laid down in 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/EEC6.  

Those requirements refer to the relevant animal health requirements applicable to the 
non-commercial movement of dogs, cats and ferrets into a Member State from another 
Member State or from third countries or territories laid down in 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/EEC7. 

(3) 

The repeal of Regulation (EC) No 998/2003 by Regulation (EU) No xxx/2012 of the 
European  Parliament  and  of  the  Council  on  the  non-commercial  movement  of  pet 

5 
6 
7 

OJ C […], […], p. […]. 
OJ L 268, 14.9.1992, p. 52. 
OJ L 146, 13.6.2003, p. 1. 

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animals8  makes  it  necessary  to  amend  Directive  92/65/EEC  in  order  to  delete  and 
replace  the  references  to  Regulation  (EC)  No  998/2003  by  references  to  Regulation 
(EU) No xxx/2012. 

(4) 

Council  Regulation  (EC)  No  1/2005  of  22  December  2004  on  the  protection  of 
animals during transport and related operations and amending Directives 64/432/EEC 
and 93/119/EC and Regulation (EC) No 1255/979 applies inter alia to the transport of 
dogs,  cats  and  ferrets  carried  out  within  the  Union.  Reference  to  that  Regulation 
should therefore be inserted in Article 10 of Directive 92/65/EEC that establishes the 
animal health conditions applicable to trade in those animals. 

(5)  Moreover,  experience  in  the  application  of  Directive  92/65/EEC  has  shown  that  the 
clinical examination within 24 hours before dispatch is in most cases impracticable. It 
is therefore appropriate to extend the time limit laid down in Directive 92/65/EEC to 
48 hours, as recommended by the World Organisation for Animal Health. 

(6) 

The Commission considers that in this particular case it is not justified to ask Member 
States to communicate explanatory documents to the Commission in order to explain 
the relationship between the provisions of this Directive and the corresponding parts of 
national transposition documents. This Directive provides for a very limited number of 
amendments  in  Directive  92/65/EEC.  Therefore,  it  will  be  possible  for  the 
Commission  to  obtain  the  information  to  check  the  transposition  without  devoting 
significant resources to this task. Member States will in any event transmit the text of 
the transposed measures to the Commission. 

(7) 

Directive 92/65/EEC should therefore be amended accordingly, 

HAVE ADOPTED THIS DIRECTIVE: 

Article 1 
Amendments 

Directive 92/65/EEC is hereby amended as follows: 

(1) 

Article 10 is hereby amended as follows:  

(a) 

paragraph 2 is replaced by the following: 

'2.  To be the subject of trade, dogs, cats and ferrets shall: 

(a) 

satisfy  the  conditions  set  out  in  Article  5  of  Regulation  (EU)  No 
xxx/2012*; 

(b)  undergo a clinical examination carried out within 48 hours prior to 
the time of dispatch of the animals by a veterinarian authorised by 
the competent authority; 

8 
9 

OJ L […], […], p. […]. 
OJ L 3, 5.1.2005, p. 1. 

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(c) 

be accompanied during transportation to the place of destination by 
a health certificate which: 

(i) 

corresponds to the specimen in Part 1 of Annex E; 

(ii) 

is signed by an official veterinarian who shall attest that the 
veterinarian  authorised  by  the  competent  authority  has 
documented  in  the  relevant  section  of  the  identification 
document  in  the  format  provided  for  in  Article  22(1)  of 
Regulation  (EU)  No  xxx/2012  the  clinical  examination 
carried out in accordance with point (b) showing, at the time 
of  the  clinical  examination,  the  animals  to  be  fit  to  be 
transported  for  the  intended  journey  in  accordance  with 
Regulation (EC) No 1/2005**.' 

___________________ 

* 
OJ L […], […], p. […]. 
**  OJ L 3, 5.1.2005, p. 1. 

(b)  paragraph 3 is deleted. 

(2) 

In Article 16, the second and third paragraphs are replaced by the following: 

'With respect to cats, dogs and ferrets, import conditions must be at least equivalent 
to those provided for in Chapter III of Regulation (EU) No xxx/2012. 

In addition to the conditions referred to in the second subparagraph, dogs, cats and 
ferrets shall, during transportation to the place of destination, be accompanied by a 
health certificate, which is completed and signed by an official veterinarian who shall 
attest that a clinical examination was carried out within 48 hours prior to the time of 
dispatch of the animals by a veterinarian authorised by the competent authority who 
has  verified  that  at  the  time  of  the  clinical  examination,  the  animals  were  fit  to  be 
transported for the intended journey.' 

Article 2 
Transposition 

1. 

Member States shall adopt and publish, by [**] at the latest, the laws, regulations and 
administrative  provisions  necessary  to  comply  with  this  Directive.  They  shall 
forthwith communicate to the Commission the text of those provisions.  

They shall apply those provisions from […]. 

When  Member  States  adopt  those  provisions,  they  shall  contain  a  reference  to  this 
Directive  or  be  accompanied  by  such  a  reference  on  the  occasion  of  their  official 
publication. Member States shall determine how such reference is to be made. 

2. 

Member States shall communicate to the Commission the text of the main provisions 
of national law which they adopt in the field covered by this Directive. 

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Article 3 
Entry into force and applicability 

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

Article 4 
Addressees 

This Directive is addressed to the Member States. 

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

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