REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the implementation of Article 5 of Regulation (EU) No 576/2013 on the non-commercial movement of pet animals
Date: 2018-03-06
Institutions: Directorate-General for Health and Food Safety, European Commission
Subjects: animal disease, domestic animal, protection of animals, transport of animals, veterinary inspection

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 6.3.2018  COM(2018) 88 final  REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the implementation of Article 5 of Regulation (EU) No 576/2013 on the non-commercial movement of pet animals  
 
 
REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND 
THE COUNCIL 

on the implementation of Article 5 of Regulation (EU) No 576/2013 on the 
non-commercial movement of pet animals 

Table of contents 

1.  PURPOSE OF THE DOCUMENT ............................................................................. 3 

2.  LEGAL BACKGROUND ........................................................................................... 3 

2.1. 
Introduction ....................................................................................................... 3 
2.2.  Main provisions of Article 5 of Regulation (EU) No 576/2013........................ 4 
2.2.1.  Part A species ...................................................................................... 4 
2.2.2.  Part B species ...................................................................................... 4 

2.3.  Legal  obligation  to  submit  a  report  to  the  European  Parliament  and  the 

Council .............................................................................................................. 5 

3.  CONSULTATIONS WITH INTERESTED PARTIES .............................................. 5 

3.1. 
Introduction ....................................................................................................... 5 
3.2.  Outcome of the consultations ............................................................................ 5 
3.2.1.  Part A species ...................................................................................... 5 
3.2.2.  Part B species ...................................................................................... 6 

4.  CONCLUSIONS ......................................................................................................... 7 

4.1.  Part A species .................................................................................................... 7 
4.2.  Part B species .................................................................................................... 7 
4.3.  General conclusion ............................................................................................ 7 

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1. 

PURPOSE OF THE DOCUMENT 

This  document  fulfils  the  Commission’s  obligation  to  present  to  the  European 
Parliament  and  to  the  Council  a  report  on  the  implementation  of  Article  5  of 
Regulation (EU) No 576/20131 (hereinafter ‘the Pet Regulation’).  

It draws mainly on the outcome of  a  consultation held with  competent authorities in 
certain  European  Union  (EU)  Member  States  and  one  European  Free  Trade 
Association (EFTA) country, Norway, on their experience with the implementation of 
this Article.  

2. 

LEGAL BACKGROUND 

2.1. 

Introduction 

The  Pet  Regulation  lays  down  the  animal  health  requirements  applicable  to  the 
non-commercial movement into Member States of pet animals that are accompanying 
and under the responsibility of their owner. It is applicable since 29 December 2014. 

The Regulation establishes a list of animal species to which harmonised animal health 
requirements should apply when animals of those species are kept as pet animals and 
moved for non-commercial purposes. This list takes account of their susceptibility to 
— or role in — the epidemiology of rabies. 

Dogs,  cats  and  ferrets  are  animals  of  species  susceptible  to  rabies  and  are  listed  in 
Part A of Annex I to the Regulation (hereinafter ‘Part A species’). The Regulation lays 
down  animal  health  rules  for  the  non-commercial  movement  of  animals  of  those 
species.  

Animals  kept  as  pet  animals  that  are  of  species  not  affected  by  rabies  (or  of  no 
epidemiological  significance  with  regard  to  rabies)  are  listed  in  Part  B  of  Annex  I 
(hereinafter ‘Part  B species’).  The Regulation provides that, pending  the adoption  of 
Union  rules  as  referred  to  in  Articles  9  and  14,  national  rules  apply  to  the 
non-commercial movement into Member States of animals of Part B species.  

Experience has shown that intra-Union trade in and imports into the Union from third 
countries  of  pet  animals  of  Part  A  species  can  be  fraudulently  disguised  as  non-
commercial  movement.  The  co-legislators  of  the  Pet  Regulation  sought  to  prevent 
these fraudulent practices because they might pose animal health risks. They therefore 
decided  to  set  a  maximum  number  of  pet  animals  of  Part  A  species  that  may 
accompany  their  owner  or  an  authorised  person  when  their  owner  or  an  authorised 
person moves into a Member State from another Member State or from a territory or 

1 

Regulation  (EU)  No  576/2013  of  the  European  Parliament  and  of  the  Council  of  12  June  2013  on  the 
non-commercial  movement  of  pet  animals  and  repealing  Regulation  (EC)  No  998/2003  (OJ  L  178, 
28.6.2013, p. 1). 

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third  country.  This  rule  can  be  found  in  Article  5  of  the  Regulation,  and  there  are 
exceptions under certain specified conditions.  

2.2.  Main provisions of Article 5 of Regulation (EU) No 576/2013  

2.2.1.  Part A species 

Paragraphs 1 to 4 of Article 5 of the Pet Regulation provide that the maximum number 
of pet animals of Part A species which may accompany their owner or an authorised 
person during a single non-commercial movement into a Member State from another 
Member  State  or  from  a  territory  or  third  country  shall  not  exceed  five.  However, 
Paragraph  2  of  this  Article  provides  for  a  derogation,  which  allows  this  number  to 
exceed  five  if  certain  conditions  regarding  the  age  of  the  animals,  the  documentary 
evidence to be presented and the purpose of the movement are fulfilled. Compliance 
checks to  verify those conditions must be carried out in  accordance with  Articles  33 
and 34 of the Regulation.  

Where  the  specified  conditions  are  not  fulfilled  and  the  number  of  pet  animals  of 
Part A  species  exceeds  the  established  maximum,  the  animals  must  comply  with  the 
relevant animal health requirements laid down in Directive 92/65/EEC2 and be subject 
to  the  veterinary  checks  provided  for  in  Directive  90/425/EEC3  or  Directive 
91/496/EEC4, as appropriate. 

Because  the  co-legislators  set  the  rule  on  the  maximum  number  of  pet  animals  of 
Part A species in the Pet Regulation, any change of this rule can only be considered if 
the  Commission  submits  a  proposal  to  the  European  Parliament  and  the  Council  to 
amend the relevant paragraphs of Article 5 in accordance with the ordinary legislative 
procedure. 

2.2.2.  Part B species 

For  species  other  than  dogs,  cats  and  ferrets,  paragraph  5  of  Article  5  of  the  Pet 
Regulation  empowers  the  Commission  to  adopt  delegated  acts  laying  down  rules 
setting  the  maximum  number  of  pet  animals  that  may  accompany  their  owner  or  an 
authorised person during a single non-commercial movement.  

To date, the Commission has not used this empowering provision. If it does not use it, 
Articles 9 and 14 of the Regulation allow national rules to apply. However, these two 

2 

3 

4 

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 
(OJ L 268, 14.9.1992, p. 54). 
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 (OJ L 224, 18.8.1990, p. 29). 
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 (OJ L 268, 24.9.1991, p. 56). 

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Articles  require  national  rules  to  be  applied  proportionately  to  the  risk  to  public  or 
animal  health  associated  with  the  non-commercial  movement  of  pet  animals  of  the 
species in question. They also require these national rules not to be stricter than those 
applied to intra-Union trade in or imports into the Union from third countries of  those 
animals in accordance with Directive 92/65/EEC or Directive 2006/88/EC5. 

2.3.  Legal obligation to submit a report to the European Parliament and the Council 

Paragraph 6 of Article 5 of the Pet Regulation requires the Commission to report to the 
European Parliament and to the Council on the implementation of Article 5. The report 
must  be  drawn  up  not  later  than  29  June  2018.  On  the  basis  of  the  report,  the 
Commission may propose amendments to the Regulation where necessary. 

3. 

CONSULTATIONS WITH INTERESTED PARTIES 

3.1. 

Introduction  

To  prepare  its  report,  on  27  September  2017  the  Commission  invited  the  chief 
veterinary  officers  of  the  EU  Member  States  and  of  three  EFTA  Member  States 
(Norway,  Switzerland  and  Iceland)  to  give  it  information  on  their  experience  in 
implementing Article 5 of the Pet Regulation. It sent a reminder of this invitation to 
the chief veterinary officers on 8 December 2017.  

Because  the  Commission  has  not  registered  any  complaints  or  other  citizen  or 
stakeholder correspondence in relation to the implementation of Article 5, it did not 
consider a public consultation to be necessary for the purposes of this report.  

Since  the  entry  into  force  of  the  Regulation,  the  Health  and  Food  Audits  and 
Analysis Directorate in the Commission’s Directorate-General for Health and Food 
Safety has not performed any audits in Member States to evaluate the effectiveness 
of the controls in place for the non-commercial movement of pet animals that would 
detect  any  shortcomings  in  the  implementation  of  Article 5.  This  is  because  the 
Directorate has had other priorities.  

3.2. 

Outcome of the consultations  

The competent authorities of 20 EU Member States and of Norway responded to the 
consultation invitation and sent their contributions to the Commission. 

3.2.1.  Part A species 

Most  of  the  responding  competent  authorities  recorded  few  reports  or  enquiries  on 
movements into a Member State of more than five pet animals of Part A species from 

5  

Council Directive 2006/88/EC of 24 October 2006 on animal health requirements for aquaculture animals 
and products thereof, and on the prevention and control of certain diseases in aquatic animals (OJ L 328, 
24.11.2006, p. 14). 

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another Member State or from a territory or third country. In general, the rule on the 
maximum  number  of  pet  animals  of  Part  A  species  permitted  in  a  single 
non-commercial  movement  is  well-known  to  the  public  and  properly  applied. 
Overall,  the  responding  competent  authorities  therefore  support  the  maintenance  of 
the maximum number as it is set in paragraph 1 of Article 5. However, the competent 
authorities of two countries consider that this rule encourages the fraudulent disguise 
of trade as non-commercial movement. They are therefore in favour of revoking the 
rule  or  lowering  the  maximum  number  of  pet  animals  permitted  in  a  single  non-
commercial movement. 

two  competent  authorities  expressed 

Most  of  the  responding  competent  authorities  are  in  favour  of  the  derogation 
provided for in paragraph 2 of Article 5 and support keeping it in its current wording. 
Only 
to 
implementation  and  are  therefore  in  favour  of  revoking  or  further  restricting  this 
derogation. They suggest introducing a limit to the number of pet animals permitted 
in  the  framework  of  the  derogation  or  restricting  the  purpose  of  the  movement  to 
certain events. They both support keeping the minimum age of six months. The main 
reason they give is the difficulty of verifying the written evidence presented by pet 
owners and of ascertaining the purpose of the movement. 

reservations  with 

regard 

3.2.2.  Part B species 

Most of the responding competent authorities did not comment on Part B species or 
formulate positions  on whether  the Commission should exercise its power to  adopt 
delegated acts setting a maximum number of pet animals of Part B species permitted 
in a single non-commercial movement. 

Few responding competent authorities expressed the need to adopt EU rules setting 
the maximum number of pet animals of certain Part B species permitted in a single 
non-commercial movement. Those that did so did not provide any justification.  

Very  few  responding  competent  authorities  have  experienced  problems  with  pet 
animals  of  Part  B  species.  For  this  reason,  very  few  recommended  setting  a 
maximum  number  of  pet  animals  of  Part  B  species  permitted  in  a  single 
non-commercial movement. Some of the responding competent authorities said that, 
in the absence of EU rules, they have national rules in place. These national rules set 
the maximum number of pet animals of all or certain Part B species (such as birds 
and  rabbits  for  which  Directive  92/65/EEC  lays  down  animal  health  requirements) 
when they are traded in the Union or imported from third countries. 

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4. 

CONCLUSIONS 

4.1. 

Part A species 

The  Commission  notes  that  most  of  the  responding  competent  authorities  support 
keeping the maximum number of pet animals of Part A species permitted in a single 
non-commercial movement as set in paragraph 1 of Article 5 of the Pet Regulation. 
They consider the rule as appropriate to prevent the disguise of intra-Union trade in 
or imports into the Union of animals of those species as non-commercial movements.  

The Commission also notes that the few competent authorities that are in favour of 
revoking or restricting the rule believe that it encourages illegal practices. Their view 
is that the rule is interpreted by certain operators as qualifying any movement of up 
to  five  pet  animals  of  Part  A  species  as  non-commercial.  Considering  those 
arguments,  the  Commission  believes  that  there  is  a  need  to  remind  the  public  and 
authorised  veterinarians  of  the  definitions  of  ‘non-commercial  movement’  and  ‘pet 
animal’  in  points  (a)  and  (b)  in  Article 3  of  the  Pet  Regulation.  In  particular,  the 
Commission  believes  it crucial  to  clarify  that  if  the  movement  of  the  animal  is  not 
caused  by  the  movement  of  its  owner,  it  cannot  in  general  be  regarded  as 
non-commercial. This is the case regardless of the number of pet animals concerned 
by the movement.  

4.2. 

Part B species 

The  Commission  notes  that  a  minority  of  responding  competent  authorities  have 
expressed the wish that the Commission should exercise its power to adopt delegated 
acts  setting  the  maximum  number  of  pet  animals  of  Part  B  species  permitted  in  a 
single non-commercial movement. However, in the absence of sufficient justification 
for such an act, the Commission is not currently in a position to start the preparatory 
work to adopt a delegated act to this effect. 

The  Commission  also  notes  that  the  implementation  of  national  rules  has  helped 
better control the movement of pet animals of Part B species. However, it has some 
concerns  about  the  nature  of  those  rules  in  terms  of  proportionality  and  strictness, 
and  whether  they  are  in  accordance  with  Articles  9  and  14  of  the  Pet  Regulation. 
Indeed when rules are laid down in Directive 92/65/EEC for the intra-Union trade in 
or  import  into  the  Union  of  certain  Part  B  species  such  as  birds  and  rabbits,  those 
rules do not include a permitted maximum number. 

4.3. 

General conclusion 

The contributions of the competent authorities of EU Member States and Norway to 
the consultation have not provided solid evidence that the maximum number of pet 
animals  of  Part  A  species  (and  the  possibility  of  derogating  from  it)  as  set  in 
Article 5  of  the  Pet  Regulation,  as  well  as  the  absence  of  EU  rules  setting  the 

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maximum number of pet animals of Part B species, constitute an undue burden for 
the  non-commercial  movement  of  pet  animals.  Nor  do  the  contributions  provide 
evidence that these rules encourage the disguise of intra-Union trade in and imports 
into the Union of animals of certain species as non-commercial movements. 

Therefore,  there  is  a  need  to  gather  more  experience  in  the  practical  application  of 
Article 5 of the Pet Regulation over a longer period of time before the Commission 
could  envisage  proposing  changes  to  the  current  rules  for  pet  animals  of  Part  A 
species or the adoption of EU rules for pet animals of Part B species. 

In  addition,  it  should  be  noted  that  Article  246  of  Regulation  (EU)  2016/4296  lays 
down  rules  on  the  maximum  number  of  pet  animals  permitted  in  a  single  non-
commercial movement. These rules are similar to those laid down in Article 5 of the 
Pet  Regulation.  Regulation  (EU) 2016/429  repeals  the  Pet  Regulation  with  effect 
from  21  April  2021.  However,  in  accordance  with  Article  277  of  Regulation  (EU) 
2016/429, the Pet Regulation ‘shall continue to apply until 21 April 2026 in respect 
of  non-commercial  movements  of  pet  animals,  in  place  of  Part  VI  of  this 
Regulation’. 

Therefore, it is not realistic for the Commission to submit to the European Parliament 
and the Council a proposal for an amendment of paragraphs 1 to 4 of Article 5 of the 
Regulation  on  pet  animals  of  Part  A  species  to  be  adopted  under  the  ordinary 
legislative procedure before 21 April 2021 and applicable until 21 April 2026. Any 
amendment  in  this  area  should  also  cover  the  relevant  provisions  of  Regulation 
(EU) 2016/429, including the transitional arrangements. 

On  the  possible  adoption  of  rules  setting  the  maximum  number  of  pet  animals  of 
Part B  species,  the  Commission’s  delegated  power  to  adopt  such  rules  pursuant  to 
paragraph  5  of  Article  5  of  the  Pet  Regulation  will  expire  on  21  April  2021.  Any 
maximum number of pet animals of those species adopted pursuant to Article 246(3) 
of Regulation (EU) 2016/429 would only be applicable from 21 April 2026. Taking 
into account the consultation with EU Member States and Norway, and the need to 
prioritise  the  preparatory  work  for  the  adoption  of  the  key  delegated  acts  listed  in 
Article  274  of  Regulation  (EU)  2016/429,  the  Commission  does  not  intend  to 
exercise its delegated power under paragraph 5 of Article 5 of the Pet Regulation. 

Nonetheless,  the  Commission  will  continue  to  monitor  the  situation  and  encourage 
Member States to take action for the proper implementation and enforcement of the 
applicable legislation that it considers essential to counter fraudulent practices. It has 
also  taken  several  initiatives  to  help  Member  States  raise  awareness  among  the 
official  services,  and  facilitate  the  exchange  of  information  and  intelligence  among 

6 

Regulation  (EU)  2016/429  of  the  European  Parliament  and  of  the  Council  of  9  March  2016  on 
transmissible  animal  diseases  and  amending  and  repealing  certain  acts  in  the  area  of  animal  health 
(‘Animal Health Law’) (OJ L 84, 31.3.2016, p. 1). 

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national authorities. These include training Member State officials in the framework 
of  the  Better  Training  for  Safer  Food  initiative7,  regular  exchanges  of  views  at  the 
meetings of the Standing Committee on Plants, Animals, Food and Feed, and setting 
up a ‘national pet contact points’ network. 

7 

https://ec.europa.eu/food/safety/btsf_en 

8