CELEX: 52012PC0089
Language: en
Date: 2012-03-05
Title: Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the non-commercial movement of pet animals

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		52012PC0089
		
			Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the non-commercial movement of pet animals /* COM/2012/089 final - 2012/0039 (COD) */
			
				
		
		
			
			   	EXPLANATORY MEMORANDUM
1.           CONTEXT OF THE PROPOSAL
1.1.        Grounds for and objectives of
the proposal
The proposal repeals and replaces Regulation
(EC) No 998/2003 of the European Parliament and of the Council laying down the
animal health requirements applicable to the non-commercial movement of pet
animals and amending Council Directive 92/65/EEC[1].
1.2.        Legal background
Regulation (EC) No 998/2003 was brought into
line with the regulatory procedure with scrutiny by Regulation (EC) No 219/2009
of the European Parliament and of the Council of 11 March 2009 adapting a
number of instruments subject to the procedure referred to in Article 251 of
the Treaty to Council Decision 1999/468/EC with regard to the regulatory
procedure with scrutiny[2].
It was later substantially amended by Regulation (EU) No 438/2010 of the European Parliament and of the
Council of 19 May 2010 amending Regulation (EC)
No 998/2003 on the animal health requirements applicable to the
non-commercial movement of pet animals[3], in
particular to extend the transitional regime provided for in Articles 6, 8 and
16 until 31 December 2011.
It was also partially
brought into line with the Treaty on the Functioning of the European Union (TFEU). However, in a statement annexed to
Regulation (EU) No 438/2010, the Commission undertook to propose a revision of
Regulation (EC) No 998/2003 in its entirety, and, in particular, the aspects of
delegated and implementing acts.
Regulation (EC) No 998/2003 also provides that
as of 3 July 2011, i.e. the end of the eight-year transitional period provided
for in Article 4(1) thereof, electronic identification is the only means of
identifying a pet dog, cat or ferret. However, an animal bearing a clearly
readable tattoo applied before that date continues to be considered identified
in accordance with the Regulation.
Because of the expiry of the aforementioned
transitional regime and period and the need to make a number of amendments bringing
the animal health requirements laid down in Regulation (EC) No 998/2003 into
line with the TFEU in a sufficiently clear and accessible manner for the
ordinary citizen, that Regulation should be repealed and replaced by this
proposal.
2.           CONSULTATION OF
INTERESTED PARTIES
Since the objective of this proposal is mainly
to bring Regulation (EC) No 998/2003 into line with Articles 290 and 291 TFEU and
to clarify certain aspects of the Regulation, no significant impacts are
foreseen. Hence no particular consultation or impact assessment were necessary.
3.           LEGAL ELEMENTS OF THE
PROPOSAL
3.1.        Summary of the proposed action
The aim of the proposal is to repeal and
replace Regulation (EC) No 998/2003 by the proposed Regulation, which:
(a)     aligns the powers conferred on the
Commission under Regulation (EC) No 998/2003 with Articles 290 and 291 TFEU;
(b)     clarifies for the ordinary citizen the
regime that will apply after the end of the transitional regime provided for in
Articles 6, 8 and 16 of Regulation (EC) No 998/2003 and of the transitional
period provided for in Article 4(1).
3.2.        Legal basis
The primary objective of the proposal is the
protection of animal and public health.
Therefore, as Regulation (EC) No 998/2003 was
based on Article 37 and Article 152(4)(b) of the Treaty establishing the
European Community, the proposal is accordingly based on Article 43(2) and
Article 168(4) TFEU.
3.3.        Subsidiarity principle
The subsidiarity principle applies insofar as
the proposal does not fall under the exclusive competence of the Union.
The objective of the proposal cannot be
sufficiently achieved by Member States’ actions. To reduce the administrative
burden for the competent authorities (EU, national and third countries) and for
ordinary citizens while preserving a high level of protection of animal and
public health, animal health requirements for the non-commercial movement of
pet animals into Member States from other Member States or third countries are
needed at Union level.
3.4.        Proportionality principle
In accordance with the principle of proportionality, this measure
does not go beyond what is necessary in order to achieve the objective.
The form of the measure is a Regulation of the
European Parliament and of the Council which is directly applicable in all
Member States. This ensures that national and EU administrations will not incur
any costs for transposition of the legislation into national legislation.
3.5.        Choice of instrument
Proposed instrument: Regulation of the European Parliament and of
the Council.
Other means would not be appropriate because
the objectives of the measure can be achieved most efficiently by fully
harmonised requirements (including timely entry into force) throughout the
Union, ensuring free movement of pet animals accompanying their owner.
4.           BUDGETARY IMPLICATIONS
The proposal has no implications for the Union
budget.
5.           ADDITIONAL INFORMATION
The proposed act should extend to the European
Economic Area since it concerns an EEA matter.
The provisions of 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[4],
which relates to trade in and imports of dogs, cats and ferrets, refer to the
respective provisions of Regulation (EC) No 998/2003.
In the interests of the consistency and
coherence of Union legislation, Directive 92/65/EEC should be amended in order
to replace the references to Regulation (EC) No 998/2003 by references to the proposed
act.
The two proposals are presented together in
order to be adopted simultaneously.
2012/0039 (COD)
Proposal for a
REGULATION OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL
on the non-commercial movement of pet
animals
(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) and the introductory phrase and point (b)
of Article 168(4) 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 Committee[5],
Having regard to the opinion of the
Committee of the Regions[6],
Acting in accordance with the ordinary
legislative procedure,
Whereas:
(1)              
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[7]
lays down the animal health requirements applicable to non-commercial movements
of pet animals into a Member State from another Member State or from third
countries and the checks applicable to such movements. It aims to ensure a
sufficient level of safety with regard to the public or animal health risks involved
in those non-commercial movements and to remove any unjustified obstacles to
such movements.
(2)              
In a statement annexed to Regulation (EU) No
438/2010 of the European Parliament and of the Council[8] amending Regulation (EC) No
998/2003, the Commission undertook to propose a revision of Regulation (EC) No
998/2003 in its entirety, and, in particular, the aspects of delegated and
implementing acts. Therefore, due to the entry into force of the Treaty, the
powers conferred on the Commission under Regulation (EC) No 998/2003 need to be
aligned with Articles 290 and 291 of that Treaty. Taking into account the
number of amendments that need to be made to the animal health requirements
laid down in Regulation (EC) No 998/2003 and in order to ensure that they are
sufficiently clear and accessible to the ordinary citizen, that Regulation should
be repealed and replaced by this Regulation.
(3)              
Since the objective of this Regulation, namely
to lay down public and animal health rules for the non-commercial movement of
pet animals of the species listed in Annex I in order to prevent or minimise
risks to public or animal health arising from those movements, cannot be
sufficiently achieved by the Member States and can therefore be better achieved
at Union level, the Union may adopt measures, in accordance with the principle
of subsidiarity as set out in Article 5 of the Treaty. In accordance with the
principle of proportionality, as set out in that Article, this Regulation does
not go beyond what is necessary in order to achieve that objective.
(4)              
This Regulation should establish a positive 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. When drawing up that list, account should be taken of
their susceptibility to or role in the epidemiology of rabies.
(5)              
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[9]
establishes inter alia the animal health requirements applicable to
trade in and imports of dogs, cats and ferrets, which are animals of species
susceptible to rabies. Because those species are also kept as pet animals and
frequently moved for non-commercial purposes with their owner within and into
the Union, this Regulation should lay down the animal health requirements
applicable to the non-commercial movement of those species into Member States.
Those species are listed in Part A of Annex I thereto.
(6)              
Similarly, a legal framework should be
established for the animal health requirements applicable to the non-commercial
movement of animals of species not affected by rabies or of no epidemiological
significance as regards rabies, to which, if they were not kept as pet animals,
other Union legislation would apply, including legislation on food-producing
animals. Those species are listed in Part B of Annex I to this Regulation.
(7)              
The list in Part B of Annex I should include
invertebrates, with the exception of bees and bumble bees, covered by Directive
92/65/EEC, and molluscs and crustaceans, covered by Directive 2006/88/EC[10]. It should also include
ornamental aquatic animals reared in non-commercial aquaria excluded from the
scope of Directive 2006/88/EC, and amphibians and reptiles.
(8)              
The list should further
include all species of birds, except poultry falling within the scope of Directive 92/65/EEC and Council Directive 2009/158/EC of 30 November
2009 on animal health conditions governing intra-Community trade in, and
imports from third countries of, poultry and hatching eggs[11], and rodents and domestic
rabbits.
(9)              
However, in the interest of consistency of Union
legislation, pending the establishment of Union rules governing the
non-commercial movement into a Member State from third countries or territories
of pet animals of species listed in Part B, existing national rules should continue
to apply to such movements provided that they are not stricter than those
applied to imports of those animals for commercial purposes.
(10)          
Conversely and without prejudice to Article 3,
Article 9(3) and Article 10a of Directive 92/65/EEC, Member States should not lay
down any animal health requirements for the non-commercial movement into a
Member State from another Member State of pet animals of species listed in Part
B unless rules governing such movement are established in accordance with this
Regulation.
(11)          
Because animals of the species listed in Part B may
belong to species that require particular protection, 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[12].
(12)          
In order to make a clear distinction between the
rules that apply to movements for non-commercial purposes and to trade in and
imports into the Union from third countries of dogs, cats and ferrets covered
by the animal health requirements of Directive 92/65/EEC, this Regulation should not only define a pet
animal but also the non-commercial movement of such animals as a movement which does not, either directly
or indirectly, involve or aim at a financial gain or a transfer of ownership.
(13)          
The improvement in the rabies situation in the
Union prompted Ireland, Malta, Sweden and the United Kingdom to abandon the
system of mandatory six months’ quarantine which they applied for decades to
certain pet animals moving into their territories, in favour of the
alternative, less restrictive system providing an equivalent level of safety
laid down in Regulation (EC) No 998/2003. Those Member States are listed in
Part A of Annex II to Regulation (EC) No 998/2003 and were to apply until 31
December 2011, in addition to a valid anti-rabies vaccination, a pre-entry
check on the effectiveness of the anti-rabies vaccination to pet dogs and cats
coming from the other Member States and certain third countries and territories
in accordance with national rules.
(14)          
Section 1 of Part B of Annex II to Regulation
(EC) No 998/2003 sets out a list of the rest of the Member States, including
countries and territories which are, for the purposes of that Regulation,
considered part of those Member States because national movement conditions
apply to animals of the species listed in Annex I thereto, or considered
comparable to Member States, when those animals are moved for non-commercial
purposes between the Member States and those countries and territories.
(15)          
Article 355(5)(c) of the Treaty and Regulation
(EEC) No 706/73 of the Council of 12 March 1973 concerning the Community
arrangements applicable to the Channel Islands and the Isle of Man for trade in
agricultural products[13]
provide that Union veterinary legislation applies to those islands, which, for
the purposes of Regulation (EC) No 998/2003, are treated as part of the United
Kingdom.
(16)          
In view of the end of the transitional regime
provided for in Regulation (EC) No 998/2003 and in the interests of clarity of
Union legislation, the list of Member States, including Ireland, Malta, Sweden
and the United Kingdom, the territories which are part of Member States and Gibraltar,
should be set out in Annex II to this Regulation, and this Regulation should
clarify the animal health conditions applicable to the non-commercial movement of
pet animals of the species listed in Part A of Annex I into a Member State from
another Member State and from third countries and territories.
(17)          
Regulation (EC) No 998/2003 also provides that,
for a transitional period, pet animals of the species listed in Parts A and B
of Annex I thereto are to be regarded as identified
when they bear either a clear
readable tattoo or an electronic identification system (‘transponder’). This Regulation should therefore clarify the
rules for the marking of pet animals of the species
listed in Part A of Annex I, including the
qualifications required for those who carry out the marking, after expiry of the transitional period on 3 July 2011.
(18)          
Annex Ia to Regulation (EC) No 998/2003 sets out
technical requirements for the identification of pet animals by transponders.
Those technical requirements correspond to internationally accepted standards
and should be set out, without any substantial amendments being made to them,
in Annex III to this Regulation.
(19)          
In order to protect public health and the health
of pet animals of the species listed in Annex I, this Regulation should provide
for the possibility to adopt preventive health measures for diseases and
infections other than rabies. Those measures should be based on validated
scientific information and applied proportionately to the risk to public or animal
health associated with the non-commercial movement of those animals likely to
be affected by those diseases or infections. They should include rules for the
categorisation of Member States or parts thereof, procedures under which Member
States that require the application of preventive health measures should
substantiate the rationale for such measures on a continuous basis, conditions
for applying and documenting the preventive health measures and, where
appropriate, conditions for derogating from their application. It should therefore
also be provided that a list of Member States or parts thereof categorised
pursuant to the rules for the categorisation of Member States or parts thereof is
to be laid down in an implementing act to be adopted in accordance with this
Regulation.
(20)          
Rabies vaccines administered to pet animals of
the species listed in Part A of Annex I before the age of three months may not
induce protective immunity due to competition with maternal antibodies.
Consequently, vaccine manufacturers recommend not to vaccinate young animals
before that age. Therefore, in order to authorise the non-commercial movement
of young animals of the species listed in Part A of Annex I not vaccinated
against rabies, this Regulation should establish certain precautionary measures
to be taken and give the Member States the possibility to authorise such
movement into their territory when young animals comply with those measures.
(21)          
In order to simplify the conditions for the non-commercial
movement of pet animals of the species listed in Part A of Annex I between
Member States of equivalent favourable status with regard to rabies, this
Regulation should also provide for the possibility to adopt conditions for
derogating from the anti-rabies vaccination requirement. Such measures should be
based on validated scientific information and applied proportionately to the
risk to public or animal health associated with the non-commercial movement of
those animals likely to be affected by rabies. They should include rules for
the categorisation of Member States or parts thereof, and procedures under
which Member States that require the application of the derogation should substantiate
the rationale for such derogation on a continuous basis. It should also be
provided that a list of Member States categorised pursuant to the rules for the
categorisation of Member States or parts thereof is to be laid down in an
implementing act to be adopted in accordance with this Regulation.
(22)          
Countries and territories listed in Section 2 of
Part B of Annex II to Regulation (EC) No 998/2003 apply rules equivalent to
those applied by Member States while third countries and territories listed in
Part C of Annex II to that Regulation comply with the criteria laid down in
Article 10 of that Regulation. It should therefore be provided that those
lists, without any substantial amendments being made to them, should be set out
in an implementing act to be adopted within one year from the adoption of this
Regulation. However, this Regulation should provide that the list of countries
and territories set out in Section 2 of Part B and in Part C of Annex II to
Regulation (EC) No 998/2003 should continue to apply for the purpose of this
Regulation until that implementing act enters into force.
(23)          
Regulation (EC) No 998/2003 lays down certain requirements for the non-commercial movement of
pet animals into Member States from other Member States
and from countries or
territories listed in Section 2 of Part B and in Part C of Annex II thereto, which inter alia include a valid anti-rabies vaccination carried out on the pet animals in question with vaccines complying
with the minimum standards as laid down in the relevant Chapter of the Manual
of Diagnostic Tests and Vaccines for Terrestrial Animals of the World
Organisation for Animal health (OIE), or for which a marketing authorisation
has been granted in accordance with either Directive 2001/82/EC of the European
Parliament and of the Council of 6 November 2001 on the Community code relating
to veterinary medicinal products[14]
or Regulation (EC) No 726/2004 of the European Parliament and of the Council of
31 March 2004 laying down Community procedures for the authorisation and
supervision of medicinal products for human and veterinary use and establishing
a European Medicines Agency[15].
Those vaccines have proven to
be effective in protecting animals against rabies and form part of the validity
requirements for the anti-rabies vaccination set out in Annex Ib to Regulation
(EC) No 998/2003. Those requirements, without any
substantial amendments being made to them, should be
set out in Annex IV to this Regulation.
(24)          
Regulation (EC) No 998/2003 lays down more
stringent animal health requirements for pet animals moved into Member States from third
countries or territories other than those listed in Part C of Annex II thereto.
Those requirements include checks on the effectiveness
in individual animals of the anti-rabies vaccination by titration of antibodies
in 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 standardising the
serological tests to monitor the effectiveness of rabies vaccines[16]. That requirement
should therefore be maintained in Annex V to this
Regulation and a condition should be included that the
test should be performed in accordance with the methods
laid down in the relevant Chapter of the OIE Manual of Diagnostic Tests and
Vaccines for Terrestrial Animals.
(25)          
Identification documents accompanying pet
animals of the species listed in Part A of Annex I which are moved for
non-commercial purposes into Member States are necessary to attest compliance
with the conditions of this Regulation. The Regulation should therefore
establish the conditions for issuing the identification documents and the
requirements for their content, validity and format.
(26)          
This Regulation should allow Member States to
authorise the non-commercial movement onto their territory of pet animals of
the species listed in Part A of Annex I accompanied by an identification
document issued in a third country or territory which applies rules equivalent
to those applied by Member States. It should also allow Member States to
authorise the non-commercial movement onto their territory after a temporary
movement in a third country or territory of those pet animals accompanied by an
identification document issued in a Member State provided that the conditions
to return from those countries or territories are met before the animal left
the Union.
(27)          
This Regulation should also give the Member
States the possibility to authorise, where the need for
an urgent departure arises, the direct entry onto their territory of pet
animals of the species listed in Annex I which do not comply with the conditions provided for in this Regulation
provided that a permit is applied for in advance and
granted by the Member State of destination, and a time-limited quarantine under
official supervision is carried out to meet those conditions. Despite the need for such urgent departure, such permit should be
indispensable due to the animal health risks arising from the introduction into
the Union of a pet animal not complying with the conditions provided for in
this Regulation.
(28)          
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[17]
and 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 and amending Directives 89/662/EEC, 90/425/EEC
and 90/675/EEC[18]
do not apply to veterinary checks on pet animals accompanying travellers for
non-commercial purposes.
(29)          
Therefore, in order for the Member States to
verify compliance with the rules laid down in this Regulation and to take the
necessary action, this Regulation should require the person accompanying the
pet animal to present the required identification document at the time of any
non-commercial movement or entry into a Member State and provide for targeted
or random documentary and identity checks on pet animals moving for
non-commercial purposes into a Member State from another Member State. It
should also require Member States to carry out systematic documentary and
identity checks at designated entry points on pet animals moving for
non-commercial purposes into a Member State from third countries or
territories. Those checks should take account of the relevant principles of Regulation
(EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004
on official controls performed to ensure the verification of compliance with
feed and food law, animal health and welfare rules[19].
(30)          
In addition, this Regulation should provide for
safeguard measures for the purpose of dealing with risks to public or animal
health arising from the non-commercial movement of pet animals.
(31)          
With a view to providing the citizen with clear
and accessible information concerning the rules that apply to the
non-commercial movement into the Union of pet animals of the species listed in
Annex I, Member States should be required to make that information, notably the
relevant provisions of national law, available to the public within one year
from the date of adoption of this Regulation.
(32)          
In order to ensure proper application of this
Regulation, the power to adopt acts in accordance with Article 290 of the
Treaty on the Functioning of the European Union should be delegated to the
Commission in respect of rules on the conditions for derogating from certain
conditions applicable to the non-commercial movement between Member States of
equivalent status with regard to rabies of pet animals of the species listed in
Part A of Annex I, species-specific requirements for the marking of pet animals
listed in Part B of Annex I thereto and species-specific preventive health measures against diseases or
infections other than rabies affecting species of pet animals
listed in Annex I thereto, as well as
to adopt rules for limiting the number of pet animals of species listed in
Annex I accompanying their owner during a non-commercial movement and
to amend Annexes II to V thereto. It is of particular importance that the Commission carry out
appropriate consultations during its preparatory work, including at expert
level.  
The Commission, when preparing and drawing up such delegated acts, should
ensure simultaneous, timely and appropriate transmission of relevant documents
to the European Parliament and Council.
(33)          
In addition, the power to adopt acts in
accordance with the urgency procedure should be delegated to the Commission in
duly justified cases of risks to public or animal health in respect of
preventive health measures against diseases or infections other than rabies likely
to affect pet animals of the species listed in Annex I.
(34)          
In order to ensure uniform conditions for the
implementation of this Regulation with respect to the list of Member States or
parts thereof categorised in accordance with the conditions for derogating from
certain conditions applicable to the non-commercial movement between Member
States of equivalent status with regard to rabies of pet animals of the species
listed in Part A of Annex I and with the rules concerning preventive health
measures against diseases and infections other than rabies and the lists of
third countries or territories for the purpose of derogating from certain
non-commercial movement conditions, the model for the identification documents
that are to accompany pet animals of the species listed in Annex I being moved
for non-commercial purposes into a Member State from another Member State or
from a third country or territory, safeguard measures in the event of the
occurrence or spread of rabies, and the uniform application of information
requirements, implementing powers should be conferred on the Commission. Those
powers should be exercised in accordance with Regulation (EU) No 182/2011 of
the European Parliament and of the Council of 16 February 2011 laying down the
rules and general principles concerning mechanisms for control by Member States
of the Commission’s exercise of implementing powers[20].
(35)          
The Commission should adopt immediately
applicable implementing acts updating the list of third countries or
territories for the purpose of derogating from certain non-commercial movement
conditions and regarding safeguard measures in the event of the occurrence or
spread of rabies, where, in duly justified cases, related to animal and
public health, imperative grounds of urgency so require.
(36)          
Certain failures to comply with the rules laid
down in Regulation (EC) No 998/2003 have been revealed in a number of Member
States. Accordingly, Member States must lay down rules on penalties applicable
to infringements of this Regulation.
(37)          
Commission Decision
2003/803/EC of 26 November 2003 establishing a model passport for the
intra-Community movement of dogs, cats and ferrets[21] establishes the model passport
for the movement of pet animals of the species dogs, cats and ferrets between
Member States, as provided for in Regulation (EC) No 998/2003. Identification
documents issued in accordance with that model passport should, subject to
certain conditions, remain valid for the lifespan of the animal in order to
limit the administrative and financial burden on owners.
(38)          
Commission Implementing Decision
2011/874/EU of 15 December 2011 laying down the list of third countries and
territories authorised for imports of dogs, cats and ferrets and for
non-commercial movements of more than five dogs, cats and ferrets into the
Union and the model certificates for imports and non-commercial movements of
those animals into the Union[22]
establishes the model health certificate attesting compliance with the
requirements of Regulation (EC) No 998/2003 for the non-commercial movements of
five or less dogs, cats or ferrets into the Union. In order to give time to
Member States to adapt to the new rules laid down in this Regulation, that
model certificate should remain valid subject to certain conditions,
HAVE ADOPTED THIS REGULATION:
CHAPTER I
GENERAL PROVISIONS
Article 1
Subject matter
This Regulation lays down the animal health
requirements applicable to the non-commercial movement of pet animals and the
rules for checks on such movements.
Article 2
Scope
1.           This Regulation shall apply to
the non-commercial movement of pet animals of the species listed in Annex I
into a Member State from another Member State or from a third country or
territory.
2.           This Regulation shall apply
without prejudice to:
(a)     Regulation (EC) No 338/97;
(b)     measures taken by Member States to
restrict the movement of certain species or breeds of pet animals on the basis
of considerations other than those relating to animal health.
Article 3
Definitions
For the purposes of this Regulation, the
following definitions shall apply:
(a)          ‘non-commercial movement’ means
any movement which does not, either directly or indirectly, involve or aim at a
financial gain or a transfer of ownership;
(b)          ‘pet animal’ means an animal of
the species listed in Annex I accompanying for the purposes of a non-commercial
movement its owner, or a natural person acting on behalf of and in agreement
with the owner, and which remains during such non-commercial movement under the
responsibility of the owner or such person;
(c)          ‘owner’ means a natural person who
owns and possesses the pet animal;
(d)          ‘transponder’ means a read-only
passive radio frequency identification device;
(e)          ‘identification document’ means
any document enabling the pet animal to be clearly identified and its health
status to be checked for compliance with this Regulation;
(f)           ‘Member States’ means the
countries and territories listed in Annex II;
(g)          ‘travellers’ point of entry’
means any check-in area designated by Member States for the purposes of Article
36(1).
Article 4
General obligations
Non-commercial movements of pet animals
that comply with the animal health requirements laid down in this Regulation
shall not be prohibited, restricted or impeded on animal health grounds other
than those resulting from the application of this Regulation.
CHAPTER II
CONDITIONS APPLICABLE TO
NON-COMMERCIAL MOVEMENTS OF PET ANIMALS INTO A MEMBER STATE FROM ANOTHER MEMBER
STATE
Article 5
Non-commercial movement conditions applicable to pet animals of the species
listed in Part A of Annex I
Pet animals of the species listed in Part A
of Annex I shall not be moved into a Member State from another Member State
unless they:
(a)          are actively marked in accordance
with Article 16(1);
(b)          have received an anti-rabies
vaccination that complies with the validity requirements set out in Annex IV;
(c)          comply with the preventive health
measures for diseases or infections other than rabies, where necessary:
(i)      under Article 18(1) of this
Regulation, or
(ii)     adopted pursuant to the second
subparagraph of Article 5(1) of Regulation (EC) No 998/2003;
(d)          are accompanied by a duly
completed identification document issued in accordance with Article 20(1).
Article 6
Derogation from the anti-rabies vaccination condition for young pet animals
of the species listed in Part A of Annex I
By way of derogation from Article 5(b),
Member States may authorise the non-commercial movement of pet animals which
are less than three months old and not vaccinated against rabies, provided that
they are accompanied by their identification document duly completed and issued
in accordance with Article 20, and either: 
(a)          the owner or a natural person
acting on behalf of and in agreement with the owner provides proof that they
have remained in their place of birth without any contact with wild animals of
susceptible species likely to have been exposed to rabies, or
(b)          they are accompanied by their
mother, on whom they still depend, and it has been documented that their mother
received before their birth an anti-rabies vaccination which complied with the
validity requirements set out in Annex IV.
Article 7
Derogation from the anti-rabies vaccination condition for pet animals of the
species listed in Part A of Annex I
1.           By way of derogation from Article
5(b), the non-commercial movement of pet animals of the species listed in Part
A of Annex I not vaccinated against rabies may be authorised between Member
States or parts thereof which are free of rabies provided they comply with
specific conditions. In order to ensure that the necessary measures are in
place for the appropriate authorisation of non-commercial movements under this
derogation, the Commission shall be empowered to adopt delegated acts in
accordance with Article 41 concerning those specific conditions for the authorisation
of such non-commercial movements.
2.           The specific conditions for the
authorisation laid down in the delegated acts adopted pursuant to paragraph 1
shall be based on adequate, reliable and validated scientific information
concerning an assessment of the health status regarding rabies in Member States
or parts thereof and applied proportionately to the risks to public or animal
health associated with the non-commercial movement of pet animals of the
species listed in Part A of Annex I likely to be affected by rabies.
3.           For the same purpose the
delegated acts referred to in paragraph 1 may also include:
(a)     rules for the categorisation of Member
States or parts thereof based on historic data concerning their rabies status
and on their surveillance and reporting systems with regard to rabies;
(b)     the conditions that Member States must
fulfil to remain eligible for the authorisation referred to in paragraph 2.
Article 8
List of Member States or parts of the territory of Member States to be
categorised in accordance with delegated acts adopted pursuant to Article 7(1)
The Commission shall, by means of an
implementing act, adopt lists of Member States or parts of the territory of
Member States that comply with the rules for the categorisation of Member States
or parts thereof as referred to in Article 7(3)(a). That implementing act shall
be adopted in accordance with the examination procedure referred to in Article
43(2).
Article 9
Non-commercial movement conditions applicable to pet animals of the species
listed in Part B of Annex I
1.           Pet animals of the species listed
in Part B of Annex I shall not be moved into a Member State from another Member
State unless they comply with the following conditions:
(a)     they are marked or described as
provided for in Article 16(2);
(b)     they comply with the preventive health
measures for diseases or infections other than rabies as provided in Article
18(1);
(c)     they are accompanied by a duly
completed identification document issued:
(i)      in accordance with Article 28;
(ii)      in the format provided for in
Article 30.
2.           The conditions referred to in
paragraph 1 shall apply from the date of application of the relevant delegated
or implementing acts provided for in Article 16(2), Article 18(1) and Article
30.
CHAPTER III
CONDITIONS APPLICABLE TO
NON-COMMERCIAL MOVEMENTS OF PET ANIMALS INTO A MEMBER STATE FROM A THIRD
COUNTRY OR TERRITORY
Article 10
Non-commercial movement conditions applicable to pet animals of the species
listed in Part A of Annex I
Pet animals of the species listed in Part A
of Annex I shall not be moved into a Member State from a third country or
territory unless they:
(a)          are actively marked in accordance
with Article 16(1);
(b)          have received an anti-rabies
vaccination that complies with the validity requirements set out in Annex IV;
(c)          have undergone a rabies antibody
titration test that complies with the validity requirements set out in Annex V;
(d)          comply with the preventive health
measures for diseases or infections other than rabies, where necessary:
(i)      under Article 18(1) of this
Regulation, or
(ii)     adopted pursuant to the second
subparagraph of Article 5(1) of Regulation (EC) No 998/2003;
(e)          are accompanied by a duly
completed identification document issued in accordance with Article 24.
Article 11
Derogation from the anti-rabies vaccination condition for young pet animals
of the species listed in Part A of Annex I
1.           By way of derogation from Article
10(b), Member States may authorise the non-commercial
movement into their territory of pet animals which are
less than three months old and not vaccinated against rabies from third countries or territories listed in the implementing acts adopted pursuant to Article 13, provided that they are accompanied by their identification document
duly completed and issued in accordance with Article 24, and either:
(a)     the owner or a natural person acting
on behalf of and in agreement with the owner provides proof that they have
remained in their place of birth without any contact with wild animals of
susceptible species likely to have been exposed to rabies, or
(b)     they are accompanied by their mother,
on whom they still depend, and it has been documented that their mother
received before their birth an anti-rabies vaccination which complied with the
validity requirements set out in Annex IV.
2.           However, the subsequent non-commercial movement into
another Member State of those pet animals shall be prohibited, except where
they are moved in accordance with the conditions laid down in Article 5.
Article 12
Derogation from the antibody titration test condition for pet animals of the
species listed in Part A of Annex I
By way of derogation from Article 10(c),
the antibody titration test shall not be required for pet animals which are
being moved into a Member State:
(a)          either directly from a third
country or territory listed in the implementing acts adopted pursuant to
Article 13 or following residency exclusively in one or more of those third
countries or territories, or
(b)          from a third country or territory
listed in the implementing acts adopted pursuant to Article 13 after transit
through third countries or territories other than those listed in the
implementing acts adopted pursuant to Article 13, provided that the owner or a
natural person acting on behalf of and in agreement with the owner provides
proof that during such transit, the pet animals have had no contact with
species susceptible to rabies and remain secured within a means of transport or
within the perimeter of an international airport.
Article 13
Establishment of a list of third countries or territories for the purpose of
Article 12
1.           The Commission shall, by means of
an implementing act, by [date to be inserted: one year after entry into
force of this Regulation] adopt a list of third countries or territories which
have demonstrated that they apply rules equivalent to those laid down in
Chapter II, this Chapter and Section 2 of Chapter VI for animals of species
listed in Part A of Annex I.
2.           The Commission shall, by means of
an implementing act, by [date to be inserted: one year after entry into
force of this Regulation] adopt a list of third countries or territories
which have demonstrated that for animals of species listed in Part A of Annex
I, they meet at least the following criteria:
(a)     the notification of cases of rabies to
the competent authorities is obligatory;
(b)     an efficient monitoring and reporting
system for rabies has been in place for at least two years;
(c)     the structure and organisation of
their veterinary services are sufficient to guarantee the validity of the
animal health certificates provided for in Article 26 and issued in
accordance with Article 24;
(d)     measures for the prevention and
control of rabies have been implemented, including rules for imports into these
third countries or territories of pet animals;
(e)     rules are in force on the licensing
and marketing of anti-rabies vaccines.
3.           The implementing acts referred to
in paragraphs 1 and 2 shall be adopted in accordance with the examination
procedure referred to in Article 43(2).
On duly justified imperative grounds of urgency
relating to risks to public or animal health, the Commission shall adopt
immediately applicable implementing acts updating the list of third countries
or territories referred to in paragraphs 1 and 2 in accordance with the
procedure referred to in Article 43(3).
Article 14
Non-commercial movement conditions applicable to pet animals of the species
listed in Part B of Annex I
1.           Pet animals of the species listed
in Part B of Annex I shall not be moved into a Member State from a third
country or territory unless they comply with the following conditions:
(a)     they are marked or described as
provided for in Article 16(2);
(b)     they comply with the preventive health
measures for diseases or infections other than rabies as provided for in
Article 18(1);
(c)     they are accompanied by a duly
completed identification document issued:
(i)      in accordance with Article 28;
(ii)      in the format provided for in
Article 33.
2.           The conditions referred to in
paragraph 1 shall apply from the date of application of the relevant delegated
or implementing acts provided for in Article 16(2), Article 18(1) and Article
33.
3.           Pending the adoption of the
delegated and implementing acts referred to in paragraph 2, national rules
shall continue to apply provided that such rules are:
(a)     applied proportionately to the risk to
public or animal health associated with the non-commercial movement of the pet
animals of the species listed in Part B of Annex I;
(b)     not stricter than those applied to
imports of animals of those species in accordance with Directive 92/65/EEC.
Article 15
Derogation from the non-commercial movement conditions between certain
countries of pet animals of the species listed in Annex I
By way of derogation from Articles 10 and
14, the non-commercial movement of pet animals between the following countries
may continue under the conditions laid down by their national rules:
(a)          San Marino and Italy;
(b)          the Vatican and Italy;
(c)          Monaco and France;
(d)          Andorra and France;
(e)          Andorra and Spain;
(f)           Norway and Sweden.
CHAPTER IV
MARKING AND PREVENTIVE HEALTH MEASURES
Section 1
Marking
Article 16
Marking of pet animals
1.           Pet animals of the species listed
in Part A of Annex I shall be actively marked by the implantation of a
transponder complying with the technical requirements set out in Annex III
or by a clearly readable tattoo applied before 3 July 2011.
Where such pet animal is marked with a
transponder that does not comply with the technical requirements set out in
Annex III, the owner or the natural person acting on behalf of and in agreement
with the owner shall provide the means necessary for reading that transponder
at the time of any verification of identity provided for in Article 20(2),
Article 24(2), Article 35 and Article 36(1).
2.           Pet animals of the species listed
in Part B of Annex I shall be marked or described taking into account the
specificities of each species in such a manner that an unequivocal link between
the pet animal and its corresponding identification document is ensured.
In order to take into account the specificities
of the species in Part B of Annex I the Commission shall be empowered to adopt
delegated acts in accordance with Article 41 concerning such
species-specific requirements for marking or describing those pet animals.
Article 17
Qualifications required for implanting transponders in pet animals
Member States shall lay down rules on the
minimum qualifications required for the persons carrying out the implantation
of transponders in pet animals.
Section 2
Preventive health measures for
diseases or infections other than rabies
Article 18
Preventive health measures and conditions for their application
1.           Where preventive health measures
are necessary for the protection of public health or the health of pet animals
of the species listed in Annex I for the control of diseases or infections
other than rabies, likely to be spread due to the movement of those pet
animals, the Commission shall be empowered to adopt delegated acts in
accordance with Article 41 concerning species-specific preventive health
measures for such diseases or infections.
Where, in the event of risks to public or
animal health, imperative grounds of urgency so require, the procedure provided
for in Article 42 shall apply to delegated acts adopted pursuant to this
paragraph.
2.           The species-specific preventive
health measures authorised by a delegated act adopted pursuant to paragraph 1
shall be based on adequate, reliable and validated scientific information and
applied proportionately to the risk to public or animal health associated with
the non-commercial movement of pet animals of the species listed in Annex I
likely to be affected by diseases or infections other than rabies.
3.           For the same purpose the
delegated acts provided for in paragraph 1 may also include:
(a)     rules for the categorisation of Member
States or parts thereof depending on their animal health status and their
surveillance and reporting systems with regard to certain diseases or
infections other than rabies;
(b)     the conditions that Member States must
fulfil to remain eligible for the application of the preventive health measures
referred to in paragraph 2;
(c)     the conditions for applying and
documenting the preventive health measures referred to in paragraph 2 prior to
the non-commercial movement of pet animals of the species listed in Annex I;
(d)     the conditions for the granting of
derogations in certain specified circumstances from the application of the
preventive health measures referred to in paragraph 2.
Article 19
List of Member States or parts of the territory of Member States categorised
in accordance with delegated acts adopted pursuant to Article 18(1)
The Commission shall, by means of an
implementing act, adopt lists of Member States or parts of the territory of
Member States that comply with the rules for the categorisation of Member
States or parts thereof as referred to in Article 18(3)(a). That implementing
act shall be adopted in accordance with the examination procedure referred to
in Article 43(2).
CHAPTER V
IDENTIFICATION DOCUMENTS
Section 1
Identification documents for
the non-commercial movement into a Member State from another Member State of
pet animals of the species listed in Part A of Annex I
Article 20
Issuing of the identification document
1.           The identification document
referred to in Article 5(d) shall:
(a)     be issued by a veterinarian authorised
by the competent authority for that purpose;
(b)     document compliance with the
requirements provided for in Article 5(a), (b) and (c) and, where applicable,
in Article 27(b)(ii); such compliance may be documented in more than one
identification document in the format provided for in Article 22(1).
2.           Compliance with the marking
requirements provided for in Article 5(a) shall be verified before:
(a)     the identification document is issued
in accordance with paragraph 1(a);
(b)     compliance with the requirements
referred to in paragraph 1(b) is documented.
Article 21
Information to be provided by the identification document
1.           The identification document
referred to in Article 5(d) shall provide the following information:
(a)     the location, date of application and
alphanumeric code displayed by the transponder or the tattoo;
(b)     the name, address and signature of the
owner;
(c)     details of the anti-rabies vaccination;
(d)     the date of blood sampling for the
rabies antibody titration test in the case provided for in Article 27(b)(ii);
(e)     compliance with the preventive health
measures for diseases or infections other than rabies, where necessary:
(i)      under Article 18(1) of this
Regulation, or
(ii)      adopted pursuant to the second
subparagraph of Article 5(1) of Regulation (EC) No 998/2003;
(f)      other relevant information regarding
the description and the health status of the animal.
2.           The veterinarian issuing the
identification document shall record the information referred to in paragraph
1(a) and (b) and keep records of that information for at least 10 years from
the date of issue of the identification document.
Article 22
Format of the identification document
1.           The identification document
referred to in Article 5(d) shall be in the format of a passport in accordance
with the model to be adopted by the Commission by means of an implementing act
and contain entries for the insertion of the information required in accordance
with Article 21(1). That implementing act shall be adopted in accordance with
the examination procedure referred to in Article 43(2) by [date to be
inserted: three years after entry into force of this Regulation].
2.           The implementing act referred to
in paragraph 1 shall lay down requirements concerning the languages and the
layout of the passport referred to in that paragraph.
3.           The passport referred to in
paragraph 1 shall bear a number consisting of the ISO code of the Member State
of issue followed by a unique alphanumeric code.
Article 23
Derogation from the format of the identification document provided for in
Article 22(1)
1.           By way of derogation from Article
22(1), Member States shall authorise the non-commercial movement into a Member
State from another Member State of pet animals accompanied by the
identification document issued for the purposes of Article 10(e):
(a)     in accordance with Article 24;
(b)     in the format provided for in Article
26(1).
2.           Where necessary, compliance with
the requirements referred to in Article 5(c) shall be documented in the
identification document referred to in paragraph 1, after the completion of the
checks provided for in Article 36(1).
Section 2
Identification documents for
the non-commercial movement into a Member State from a third country or
territory of pet animals of the species listed in Part A of Annex I
Article 24
Issuing of the identification document
1.           The identification document
referred to in Article 10(e) shall bear a serial number and:
(a)     be issued by:
(i)      an official veterinarian of the third
country of dispatch on the basis of supporting documentation, or
(ii)      a veterinarian authorised by the
competent authority of the third country of dispatch for that purpose and
subsequently endorsed by the competent authority;
(b)     document compliance with the
requirements provided for in Article 10(a) to (d).
2.           Compliance with the marking
requirements referred to in Article 10(a) shall be verified before:
(a)     the identification document is issued
in accordance with paragraph 1;
(b)     compliance with the requirements
referred to in Article 10(b), (c) and (d) is documented.
Article 25
Information to be provided by the identification document
1.           The identification document
referred to in Article 10(e) shall provide the following information:
(a)     the location, date of application and
alphanumeric code displayed by the transponder or the tattoo;
(b)     the name and address of the owner or
the natural person acting on behalf of and in agreement with the owner;
(c)     details of the anti-rabies vaccination;
(d)     the date of blood sampling for the
rabies antibody titration test;
(e)     compliance with the preventive health
measures for diseases or infections other than rabies, where necessary:
(i)      under Article 18(1) of this
Regulation, or
(ii)      adopted pursuant to the second
subparagraph of Article 5(1) of Regulation (EC) No 998/2003;
(f)      other relevant information regarding
the description and the health status of the animal.
2.           The identification document
referred to in Article 10(e) shall be supplemented by a written declaration
signed by the owner or the natural person acting on behalf of and in agreement
with the owner stating that the pet animal is moved into the Union for
non-commercial purposes.
Article 26
Format of the identification document
1.           The identification document
referred to in Article 10(e) shall be in the format of an animal health
certificate in accordance with the model to be adopted by the Commission by
means of an implementing act and contain entries for the insertion of the
information required in accordance with Article 25(1). That implementing act
shall be adopted in accordance with the examination procedure referred to in
Article 43(2) by [date to be inserted: three years after entry into force of
this Regulation].
2.           The implementing act referred to
in paragraph 1 shall lay down requirements concerning the languages, the layout
and the validity of the animal health certificate referred to in that
paragraph.
Article 27
Derogation from the format of the identification document
By way of derogation from Article 26(1),
Member States shall authorise the non-commercial movement of pet animals
accompanied by the identification document in the format provided for in
Article 22(1) where:
(a)          the identification document has
been issued in one of the third countries or territories listed in the
implementing act adopted pursuant to Article 13(1), or
(b)          such pet animals enter a Member
State, after temporary movement to or transit through a third country or
territory from a Member State, and a veterinarian authorised by the competent
authority has documented that before the pet animals left the Union they had:
(i)      received an anti-rabies vaccination;
(ii)     undergone a rabies antibody titration
test, except in the case of the derogation as provided for in Article 12.
Section 3
Identification documents for
the non-commercial movement into a Member State from another Member State of
pet animals of the species listed in Part B of Annex I
Article 28
Issuing of the identification document
1.           The identification document
referred to in Article 9(1)(c) shall:
(a)     be issued by a veterinarian authorised
by the competent authority for that purpose;
(b)     document compliance with Article
9(1)(a), (b) and (c).
2.           Compliance with the marking or
description requirements provided for in Article 9(1)(a) shall be verified
before:
(a)     the identification document is issued
in accordance with paragraph 1(a);
(b)     the requirements provided for in
Article 9(1)(a), (b) and (c) are documented in accordance with Article
18(3)(c).
Article 29
Information to be provided by the identification document
The identification document referred to in
Article 9(1)(c) shall provide the following information:
(a)          the characteristics of the mark
or the description of the animal as provided for in Article 16(2);
(b)          the name, address and signature
of the owner;
(c)          details of the preventive health
measures for diseases or infections other than rabies, where necessary, under
Article 18(1);
(d)          other relevant information
regarding the description and the health status of the animal.
Article 30
Format of the identification document
1.           The Commission shall, by means of
an implementing act, adopt a model of the identification document referred to
in Article 9(1)(c) which shall contain entries for the insertion of the
information required in accordance with Article 29. That implementing act shall
be adopted in accordance with the examination procedure referred to in Article
43(2).
2.           The implementing act referred to
in paragraph 1 shall lay down requirements concerning the languages, the layout
and the validity of the identification document referred to in that paragraph.
Section 4
Identification documents for
the non-commercial movement into a Member State from a third country or
territory of pet animals of the species listed in Part B of Annex I
Article 31
Issuing of the identification document
1.           The identification document
referred to in Article 14(1)(c) shall:
(a)     be issued by:
(i)      an official veterinarian on the basis
of supporting documentation, or
(ii)      a veterinarian authorised by the
competent authority for that purpose and subsequently endorsed by the competent
authority;
(b)     document compliance with Article
14(1)(a), (b) and (c).
2.           Compliance with the marking or
description requirements provided for in Article 14(1)(a) shall be
verified before:
(a)     the identification document is issued
in accordance with paragraph 1(a);
(b)     the requirements provided for in
Article 14(1)(a), (b) and (c) are documented in accordance with Article 18(3)(c).
Article 32
Information to be provided by the identification document
1.           The identification document
referred to in Article 14(1)(c) shall provide the following information:
(a)     the characteristics of the mark or the
description of the animal as provided for in Article 16(2);
(b)     the name and address of the owner or
the natural person acting on behalf of and in agreement with the owner;
(c)     details of the preventive health
measures for diseases or infections other than rabies, where necessary, under
Article 18(1);
(d)     other relevant information regarding
the description and the health status of the animal.
2.           The identification document
referred to in Article 14(1)(c) shall be supplemented by a written declaration
signed by the owner or the natural person acting on behalf of and in agreement
with the owner stating that the pet animal is moved into the Union for
non-commercial purposes.
Article 33
Format of the identification document
1.           The Commission shall, by means of
an implementing act, adopt a model of the identification document referred to
in Article 14(1)(c) which shall contain entries for the insertion of the
information required in accordance with Article 32(1). That implementing
act shall be adopted in accordance with the examination procedure referred to
in Article 43(2).
2.           The implementing act referred to
in paragraph 1 shall lay down requirements concerning the languages, the layout
and the validity of the identification document referred to in that paragraph.
CHAPTER VI
COMMON PROVISIONS
Section 1
Derogation for direct
non-commercial movement of pet animals into Member States
Article 34
Derogation from the conditions of Articles 5, 9, 10 and 14
1.           By way of derogation from the conditions provided for
in Articles 5, 9, 10 and 14, Member States may authorise the movement for
non-commercial purposes into their territory of pet animals of the species listed in Annex I which do not
comply with the conditions laid down in those Articles, provided that:
(a)     a prior application for a permit has been made by the owner or
the natural person acting on behalf of and in agreement with the owner and the
Member State of destination has granted such permit;
(b)     the pet animals are quarantined under official supervision for the time necessary
for them to meet those conditions and not exceeding six months:
(i)      at a place approved by the competent
authority;
(ii)      in accordance with the arrangements
prescribed in the permit.
2.           The permit referred to in
paragraph 1(a) may include an authorisation for transiting through another
Member State provided that the Member State of transit has given its prior
agreement to the Member State of destination.
Section 2
General conditions regarding
compliance
Article 35
Documentary, identity and physical checks to be carried out on non-commercial
movements of pet animals into a Member State from another Member State or a
third country or territory listed pursuant to Article 13(1)
1.           Without prejudice to Article 15,
Member States shall carry out targeted or random documentary and identity
checks, and where necessary physical checks, on pet animals being moved for
non-commercial purposes into a Member State from another Member State or from a
third country or territory listed in the implementing act adopted pursuant to
Article 13(1), to verify in a non-discriminatory way compliance with Chapter
II.
2.           The owner or a natural person
acting on behalf of and in agreement with the owner at the time of any
non-commercial movement into a Member State from another Member State or a
third country or territory listed pursuant to Article 13(1) shall, at the
request of the competent authority responsible for the checks provided for in
paragraph 1 of this Article:
(a)     present the identification document
which demonstrates compliance with the requirements for such movement in the
format provided for in:
(i)      Article 22(1), or
(ii)      Article 23(1);
(b)     make the pet animal available for
those checks.
Article 36
Documentary, identity and physical checks to be carried out on
non-commercial movements into a Member State from a third country or territory
1.           The non-commercial movement of
pet animals into a Member State from a third country or territory other than
those listed in the implementing act adopted pursuant to Article 13(1) shall be
subject to documentary and identity checks, and where necessary physical
checks, by the competent authority at the travellers’ point of entry.
2.           The owner or a or a natural
person acting on behalf of and in agreement with the owner, at the time of
entry into a Member State from a third country or territory other than those
listed in the implementing act adopted pursuant to Article 13(1), shall at the
request of the competent authority provided for in paragraph 1:
(a)     present the identification document
which demonstrates compliance with the requirements for such movement in the
format provided for in:
(i)      Article 26(1), or
(ii)      Article 27(b);
(b)     make the pet animal available for
those checks.
3.           Member States shall draw up and
keep up-to-date a list of travellers’ points of entry.
4.           Member States shall ensure that
the competent authority that they have designated to carry out checks provided
for in paragraph 1:
(a)     is fully informed of the rules laid
down in Chapter III and the officials of the competent authority have the necessary
training to implement them;
(b)     keeps records of the checks that have
been carried out;
(c)     documents the checks that have been
carried out in the identification document referred to in:
(i)      Article 10(e), or
(ii)      Article 27(b).
Article 37
Actions in case of non-compliance with the checks provided for in Articles
35 and 36
1.           Where the checks provided for in
Articles 35 and 36 reveal that a pet animal does not comply with the conditions
laid down in Chapters II and III, the competent authority shall decide, after
consultation with the official veterinarian, to:
(a)     return the pet animal to its country
or territory of dispatch, or
(b)     isolate the pet animal, at the expense
of the owner, under official control for the time necessary for it to comply
with the conditions laid down in Chapters II and III, or
(c)     put the pet animal down, without
financial compensation to the owner or the natural person acting on behalf of
and in agreement with the owner, where its return is not possible or isolation
is not practical.
2.           Where the non-commercial movement
of pet animals into the Union is refused by the competent authority, they shall
be housed under official control pending:
(a)     their return to their country or
territory of dispatch, or
(b)     the adoption of any other
administrative decision concerning those pet animals.
Article 38
Safeguard measures
Where rabies occurs or spreads in a Member
State, a third country or territory and is liable to represent a serious threat
to public or animal health, the Commission may, acting on its own initiative or
at the request of a Member State, adopt one of the following measures, by means
of an implementing act, without delay and depending on the gravity of the
situation:
(a)          suspend the non-commercial
movement or transit of pet animals from all or part of the territory of the
Member State or third country or territory concerned;
(b)          lay down special conditions in
respect of non-commercial movements of pet animals coming from all or part of
the Member State or third country or territory concerned.
Those implementing acts shall be adopted in
accordance with the examination procedure referred to in Article 43(2).
On duly justified imperative grounds of
urgency to contain or address a serious risk to public or animal health, the Commission
shall adopt immediately applicable implementing acts in accordance with the
procedure referred to in Article 43(3).
Article 39
Information obligations
1.           By [date to be
inserted: one year after entry into force of this Regulation] at the
latest, Member States shall provide the public with clear and easily accessible
information concerning the following:
(a)     the qualifications required for the
implantation of the transponder as provided for in Article 17;
(b)     the authorisation to derogate from the
anti-rabies vaccination condition for young pet animals of the species listed
in Part A of Annex I as provided for in Articles 6 and 11;
(c)     the conditions applicable to the
non-commercial movement into their territory of pet animals of the species
listed in Annex I:
(i)      which do not comply with Articles 5,
9, 10 and 14;
(ii)      which come from certain countries
and territories under conditions laid down by their national rules as provided
for in Article 15;
(d)     the list of travellers’ points of
entry as required by Article 36(3), including the competent authority
designated to carry out the checks as provided for in Article 36(4);
(e)     the conditions applicable to the
non-commercial movement into their territory of pet animals of the species
listed in Part B of Annex I, laid down by their national rules as provided for
in Article 14(2).
2.           In order to ensure uniform
application of the information requirements provided for in paragraph 1, the
Commission may adopt implementing acts. Those implementing acts shall be
adopted in accordance with the examination procedure referred to in Article
43(2).
Section 3
Procedural provisions
Article 40
Scope of delegated acts
1.           In order to take into account
technical progress, scientific developments and the protection of public health
or the health of pet animals of the species listed in Annex I, the
Commission shall be empowered to adopt delegated acts in accordance with
Article 41 to amend Annexes II to V to this Regulation.
2.           In order to avoid commercial
movements fraudulently disguised as non-commercial movements of pet animals,
the Commission shall be empowered to adopt delegated acts in accordance with
Article 41 to lay down rules limiting the number of pet animals of the species
listed in Annex I that may accompany the owner or a natural person acting on
behalf of and in agreement with the owner for a single non-commercial movement.
Article 41
Exercise of the delegation
1.           The power to adopt delegated acts
is conferred on the Commission subject to the conditions laid down in this
Article.
2.           The delegation of power referred
to in Article 7(1), the second subparagraph of Article 16(2), the first
subparagraph of Article 18(1) and Article 40 shall be conferred on the
Commission for an indeterminate period of time from (*).
(*)     Date
of entry into force of the basic legislative act or any other date set by the
legislator.
3.           The delegation of power referred
to in Article 7(1), the second subparagraph of Article 16(2), the first
subparagraph of Article 18(1) and Article 40 may be revoked at any time by the
European Parliament or by the Council. A decision of revocation shall put an
end to the delegation of the power specified in that decision. It shall take
effect the day following the publication of the decision in the Official Journal
of the European Union or at a later date specified therein. It shall not
affect the validity of any delegated acts already in force.
4.           As soon as it adopts a delegated
act, the Commission shall notify it simultaneously to the European Parliament
and to the Council.
5.           A delegated act adopted pursuant
to Article 7(1), the second subparagraph of Article 16(2), the first
subparagraph of Article 18(1) and Article 40 shall enter into force only if no
objection has been expressed either by the European Parliament or by the
Council within a period of two months of notification of that act to the
European Parliament and the Council or if, before the expiry of that period,
the European Parliament and the Council have both informed the Commission that
they will not object. That period shall be extended by two months at the
initiative of the European Parliament or the Council.
Article 42
Urgency procedure
1.           Delegated acts adopted under this
Article shall enter into force without delay and shall apply as long as no
objection is expressed in accordance with paragraph 2. The notification of a
delegated act to the European Parliament and to the Council shall state the
reasons for the use of the urgency procedure.
2.           Either the European Parliament or
the Council may object to a delegated act in accordance with the procedure
referred to in Article 41(5). In such a case, the Commission shall repeal the
act without delay following the notification of the decision to object by the
European Parliament or by the Council.
Article 43 
Committee procedure
1.           The Commission shall be assisted
by the Standing Committee on the Food Chain and Animal Health established by
Article 58 of Regulation (EC) No 178/2002. That committee shall be a committee
within the meaning of Regulation (EU) No 182/2011.
2.           Where reference is made to this
paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
Where the opinion of the committee is to be
obtained by written procedure, that procedure shall be terminated without
result when, within the time-limit for delivery of the opinion, the chair of
the committee so decides or a simple majority of committee members so requests.
3.           Where reference is made to this paragraph, Article 8 of Regulation (EU) No
182/2011, in conjunction with Article 5 thereof, shall apply.
Article 44
Penalties
The Member States shall lay down the rules on penalties applicable to
infringements of this Regulation and shall take all measures necessary to
ensure that they are implemented. The penalties provided for must be effective,
proportionate and dissuasive.
The Member States shall notify those
provisions to the Commission by [date to be
inserted: one year after entry into force of this Regulation] at the latest and shall notify it without delay of any subsequent
amendments affecting them.
CHAPTER VII
Transitional
and final provisions
Article 45
Repeal
1.           Regulation (EC) No 998/2003 shall
be repealed with effect from [date to be inserted: one year after entry into
force of this Regulation].
References in this Regulation to the list in
the implementing act adopted pursuant to Article 13(1) or (2) shall be
construed as references to the list of third countries and territories set out
in Section 2 of Part B or in Part C of Annex II to Regulation (EC) No 998/2003
until the entry into force of that implementing act.
2.           References to the repealed
Regulation shall be construed as references to this Regulation and shall be
read in accordance with the correlation table in Annex VI.
Article 46
Transitional measures regarding identification documents
1.           By way of derogation from Article
22(1), the identification document shall be deemed to comply with this
Regulation where:
(a)     it is drawn up in accordance with the
model passport established by Decision 2003/803/EC;
(b)     it has been issued not later than one
year from the date of entry into force of the implementing act adopted pursuant
to Article 22(1).
2.           By way of derogation from Article
26(1), the identification document shall be deemed to comply with this
Regulation where:
(a)     it is drawn up in accordance with the
model certificate set out in Annex II to Decision 2011/874/EU;
(b)     it has been issued not later than one
year from the date of entry into force of the implementing act adopted pursuant
to Article 26(1).
Article 47
Entry into force and applicability
This Regulation shall enter into force on
the twentieth day following that of its publication in the Official Journal
of the European Union.
It shall apply from xxxx [date to
be inserted: one year after entry into force of this Regulation].
This
Regulation shall be binding in its entirety and directly applicable in all
Member States.
Done at Brussels, 
For the European Parliament                       For
the Council
The President                                                 The
President
ANNEX I
Species
of pet animals
PART
A
Dogs (Canis lupus
familiaris)
Cats (Felis
silvestris catus)
Ferrets (Mustela
putorius furo)
PART B
Invertebrates
(except bees and bumble bees falling within the scope of Directive 92/65/EEC
and molluscs and crustaceans falling within the scope of Directive 2006/88/EC)
Ornamental aquatic
animals reared in non-commercial aquaria (excluded from the scope of Directive
2006/88/EC)
Amphibia
Reptiles
Birds: all species
of birds except poultry falling within the scope of Directives 92/65/EEC and
2009/158/EC)
Mammals: rodents and
domestic rabbits.
ANNEX II
List of Member States as defined in Article 3(f)
 Country code || Country || Included territories 
 BE || Belgium ||   
 BG || Bulgaria ||   
 CZ || Czech Republic ||   
 DK || Denmark || The Faroe Islands and Greenland 
 DE || Germany ||   
 EE || Estonia ||   
 IE || Ireland ||   
 EL || Greece ||   
 ES || Spain || The Balearic Islands, the Canary Islands, Ceuta and Melilla 
 FR || France || French Guiana, Guadeloupe, Martinique and Réunion 
 IT || Italy ||   
 CY || Cyprus ||   
 LV || Latvia ||   
 LT || Lithuania ||   
 LU || Luxembourg ||   
 HU || Hungary ||   
 MT || Malta ||   
 NL || Netherlands ||   
 AT || Austria ||   
 PL || Poland ||   
 PT || Portugal || The Azores and Madeira 
 RO || Romania ||   
 SI || Slovenia ||   
 SK || Slovakia ||   
 FI || Finland ||   
 SE || Sweden ||   
 UK || United Kingdom || The Channel Islands and the Isle of Man 
 GI || Gibraltar ||   
ANNEX III
Technical requirements
for transponders
The transponder shall be a read-only
passive radio frequency identification device:
(a)          complying with ISO Standard 11784
and applying HDX or FDX-B technology;
(b)          capable of being read by a
reading device compatible with ISO Standard 11785.
ANNEX IV
Validity
requirements for anti-rabies vaccinations
1.           The anti-rabies vaccine must:
(a)     be a vaccine other than a live
modified vaccine and fall within one of the following categories:
(i)      an inactivated vaccine of at least
one antigenic unit per dose (recommendation from the World Health Organisation),
or
(ii)      a recombinant vaccine expressing the
immunising glycoprotein of the rabies virus in a live virus vector;
(b)     where it is administered in a Member
State, it must have been granted a marketing authorisation in accordance with:
(i)      Article 5 of Directive 2001/82/EC, or
(ii)      Article 3 of Regulation (EC) No
726/2004;
(c)     where it is administered in a third
country, it must have been granted an approval or a
licence by the competent authority and meet at least
the requirements laid down in the relevant part of the Chapter concerning
rabies in the Manual of Diagnostic Tests and Vaccines for Terrestrial Animals
of the World Organisation for Animal Health.
2.           An anti-rabies vaccination must
meet the following conditions:
(a)     the vaccine was administered by a
veterinarian authorised by the competent authority;
(b)     the date of administration is
indicated by a veterinarian authorised by the competent authority in the
appropriate section of the identification document in the format provided for
in Article 22(1) or Article 26(1);
(c)     the date of administration referred to
in point (b) does not precede the date of microchipping or tattooing indicated
in the appropriate section of the identification document in the format
provided for in Article 22(1) or Article 26(1);
(d)     the period of validity of the
vaccination is indicated by the authorised veterinarian in the appropriate
section of the identification document in the format provided for in Article
22(1) or Article 26(1).
It starts from the establishment of protective
immunity, which shall not be less than 21 days from the completion of the
vaccination protocol required by the manufacturer for the primary vaccination, and
continues until the end of the period of protective immunity, as prescribed in
the technical specification of the marketing authorisation referred to in point
1(b) or the approval or licence referred to in point 1(c) for the anti-rabies
vaccine in the Member State or third country or territory where the vaccine is
administered;
(e)     a revaccination must be considered a
primary vaccination if it was not carried out within the period of validity
referred to in point (d) of the previous vaccination.
ANNEX V
Validity
requirements for the rabies antibody titration test
1.           The collection of the sample of
blood necessary to carry out the rabies antibody titration test must be carried
out and documented by a veterinarian authorised by the competent authority in
the appropriate section of the identification document in the format provided
for in Article 22(1) or Article 26(1);
2.           The rabies antibody titration
test must:
(a)     be carried out on a sample collected
at least 30 days after the date of vaccination and
(i)      not less than three months before the
date of:
–              
the non-commercial movement from a third country
or territory other than those listed in the implementing acts adopted pursuant
to Article 13, or
–              
the transit through such third country or
territory, where the conditions laid down in Article 12(b) are not fulfilled;
          or
(ii)      before the pet animal left the Union
for a movement to or transit through a third country or territory other than
those listed in the implementing acts adopted pursuant to Article 13; the
identification document in the format provided for in Article 22(1) must confirm
that a rabies antibody titration test was carried out with a favourable result
before the date of movement;
(b)     measure a level of neutralising
antibody to rabies virus in serum equal to or greater than 0.5 IU/ml and using
a method prescribed in the relevant part of the Chapter concerning rabies in
the Manual of Diagnostic Tests and Vaccines for Terrestrial Animals of the
World Organisation for Animal Health;
(c)     be performed in a laboratory approved
in accordance with Article 3 of Decision 2000/258/EC;
(d)     not be renewed following a
satisfactory result described in point (b) of this Annex, provided that the
animal is revaccinated in accordance with point 2(e) of Annex IV.
ANNEX VI
Correlation table
[referred to in Article 45(2)]
 Regulation (EC) No 998/2003 || This Regulation 
 Article 1 || Article 1 
 First paragraph of Article 2 || Article 2(1) 
 Second paragraph of Article 2 || Article 2(2)(a) 
 Third paragraph of Article 2 || Article 2(2)(b) 
 Point (a) of Article 3 || Article 3(b) 
 Point (b) of Article 3 || Article 3(e) 
 Point (c) of Article 3 || Article 3(a) 
 Introductory phrase of the first subparagraph of Article 4(1) || --- 
 Points (a) and (b) of the first subparagraph of Article 4(1) || First subparagraph of Article 16(1) 
 Second subparagraph of Article 4(1) || Second subparagraph of Article 16(1) 
 Article 4(2) || Article 21(1)(b) 
 Article 4(3) || --- 
 Article 4(4) || --- 
 Article 5(1)(a) || Article 5(a) 
 Introductory phrase of Article 5(1)(b) || Article 5(d) 
 Article 5(1)(b)(i) || Article 5(b) 
 Article 5(1)(b)(ii) || Article 5(c) 
 Second subparagraph of Article 5(1) || Article 18 
 Article 5(2) || Article 6 
 Article 6 || --- 
 Article 7 || Articles 9 and 14, Article 30(1) and Article 40 
 Article 8(1)(a)(i) || Articles 10 and 12 
 Article 8(1)(a)(ii) || --- 
 Article 8(1)(b)(i) || Article 10 
 Article 8(1)(b)(ii) || --- 
 Article 8(2) || Article 10(e) and Article 27 
 Article 8(3)(a) || Article 13(1) 
 Article 8(3)(b) || Article 15 
 Article 8(3)(c) || Article 11 
 Article 8(4) || Article 26(1) 
 Article 9 || Article 14 and Article 33(1) 
 Article 10 || Article 13(2) and (3) 
 First sentence of Article 11 || Article 39(1) 
 Second sentence of Article 11 || Article 36(3)(a) 
 First subparagraph of Article 12 || Article 36(1) 
 Second subparagraph of Article 12 || Article 36(4) 
 Article 13 || Article 36(3) and Article 39(1)(d) 
 First paragraph of Article 14 || Article 35(2) and Article 36(2) 
 Second paragraph of Article 14 || Second subparagraph of Article 16(1) 
 Third paragraph of Article 14 || Article 37(1) 
 Fourth paragraph of Article 14 || Article 37(2) 
 Article 15 || Paragraph 2(c) of Annex V 
 Article 16 || --- 
 First paragraph of Article 17 || --- 
 Second paragraph of Article 17 || Article 22(1) 
 First paragraph of Article 18 || --- 
 Second paragraph of Article 18 || Article 38 
 Article 19 || Article 13 and 40 and Article 43(2) 
 Article 19a(1) and (2) || Article 40(1) 
 Article 19a(3) || --- 
 Article 19b(1) || Article 41(1) and (2) 
 Article 19b(2) || Article 41(4) 
 Article 19b(3) || --- 
 Article 19c(1) and (3) || Article 41(3) 
 Article 19c(2) || --- 
 Article 19d(1) and Article 19d(2) || Article 41(5) 
 Article 19d(3) || --- 
 Articles 20 to 23 || --- 
 Article 24(1), (2) and (3) || Article 43(1), (2) and (3) 
 Article 24(4) and (5) || --- 
 Article 25 || Article 47 
 Annex I || Annex I 
 Annex Ia || Annex III 
 Annex Ib || Annex IV 
 Part A and Section 1 of Part B of Annex II || Annex II 
 Section 2 of Part B of Annex II || [Article 13(1)] 
 Part C of Annex II || [Article 13(2)] 
 --- || Article 3(c), (d), (f) and (g) 
 --- || Article 4 
 --- || Article 7 
 --- || Article 8 
 --- || Article 16(2) 
 --- || Article 17 
 --- || Article 19 
 --- || Article 20 
 --- || Article 21(1)(a) and (c) to (f) and Article 21(2) 
 --- || Article 22(2) 
 --- || Article 23 
 --- || Article 24 
 --- || Article 25(1)(a) and (c) to (f) and Article 25(2) 
 --- || Article 26(2) 
 --- || Article 27 
 --- || Article 28 
 --- || Article 29 
 --- || Article 24 
 --- || Article 25 
 --- || Article 26 
 --- || Article 27 
 --- || Article 28 
 --- || Article 29 
 --- || Article 30(2) 
 --- || Article 31 
 --- || Article 32 
 --- || Article 33(2) 
 --- || Article 34 
 --- || Article 35 
 --- || Article 39(1)(a), (b), (c), and (e) and Article 39(2) 
 --- || Article 42 
 --- || Article 44 
 --- || Article 45 
 --- || Article 46 
 --- || Annex V 
 --- || Annex VI 
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