PURPOSE: to extend, until the end of 2011, transitional measures on the non-commercial movement of pet animals.

LEGISLATIVE ACT: Regulation (EU) No 438/2010 of the European Parliament and of the Council amending Regulation (EC) No 998/2003 on the animal health requirements applicable to the non- commercial movement of pet animals.

CONTENT: the Council adopted a regulation introducing technical adaptations to requirements on the vaccination and identification of pet animals and extending until the end of 2011 transitional measures existing in some Member States on non-commercial movements of pet animals.

This follows an agreement on the text with the European Parliament in first reading.

The current transitional regime, established by regulation 998/2003, authorises Finland, Ireland, Malta, Sweden and the United Kingdom to make the entry of pet animals into their territory subject to compliance with certain additional requirements until 30 June 2010, in order to prevent the risk of introducing rabies, echinococcus and ticks.

Moreover, from the opinions adopted by EFSA with regard to echinococcosis and ticks, it results that the data available did not allow EFSA to demonstrate a particular status of the five Member States applying the transitional regime with regard to certain ticks and the tapeworm Echinococcus multilocularis and to quantify the risk of pathogen introduction through the non-commercial movement of pet animals.

In view of the EFSA opinion and of the Community-supported programmes for the eradication of rabies in certain Member States, the transitional measure provided for in Article 6 of Regulation (EC) No 998/2003 should be extended until 31 December 2011.

In order to ensure the control of diseases other than rabies, likely to spread due to the movement of pet animals, the Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union in respect of preventive health measures regarding diseases other than rabies, and modifications of technical requirements for the identification of animals and for the anti-rabies vaccination as laid down in the Annexes inserted, in accordance with this Regulation, into Regulation (EC) No 998/2003. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level.

The text contains news provisions as regards the delegation of powers, revocation of the delegation and the objections to delegated acts.

ENTRY INTO FORCE: 18/06/2010.

Regulation 2010/438
OJ L 132 29.05.2010, p. 0003

00007/2010/LEX

SP(2010)2013

Results of vote in Parliament

The European Parliament adopted by 618 votes to 17, with 5 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 998/2003 on the animal health requirements applicable to the non-commercial movement of pet animals.

The European Parliament set out its position at first reading under the ordinary legislative procedure (formerly known as the codecision procedure). The amendments are the result of a compromise negotiated between the European Parliament and the Council. They amend the Commission’s proposal as follows:

Under the terms of the compromise reached, the Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (TFEU) in respect of preventive health measures regarding diseases other than rabies, and modifications of technical requirements for the identification of animals and for the anti-rabies vaccination as laid down in the Annexes. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at experts' level.

The amended text contains new provisions concerning the exercise of the delegation, the revocation of the delegation and objections to delegated acts.

The Parliament also a declaration of the European Parliament, the Council and the Commission concerning Article 290 of the TFEU, that is annexed to the legislative resolution: the three institutions declare that the provisions of this Regulation shall be without prejudice to any future position of the institutions as regards the implementation of Article 290 TFEU or individual legislative acts containing such provisions.

T7-0048/2010

Debate in Parliament

A7-0082/2009

A7-0082/2009

The Committee on the Environment, Public Health and Food Safety adopted the report by Bairbre DE BRUN (GUE/NGL, UK) amending, under the first reading of the codecision procedure, the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 998/2003 on the animal health requirements applicable to the non-commercial movement of pet animals. The committee made three technical amendments in order to clarify the Commission’s drafting of the text.

PE430.641

PE428.317

CES1467/2009

PURPOSE: to extend, until the end of 2011, transitional measures on the non-commercial movement of pet animals.

PROPOSED ACT: Regulation of the European Parliament and of the Council.

BACKGROUND: in accordance with Regulation (EC) No 998/2003, pet dogs, cats and ferrets travelling with their owner to another Member State must be accompanied by a passport, or when imported by a certificate, providing proof of a valid anti-rabies vaccination (“general regime”). As of 3 July 2011 electronic identification of dogs, cats and ferrets will be mandatory.

In order to take account of the particular situation of Ireland, Malta, Sweden and the United Kingdom with regard to rabies, Regulation (EC) No 998/2003 provides for a transitional period during which the entry of pet dogs and cats into those Member States is subjected to more stringent requirements.

The Regulation grants a period of five years starting from the date of its entry into force, i.e. until 3 July 2008 (extended to 30 June 2010), to Finland, Ireland, Malta, Sweden and the United Kingdom to make the entry of pet animals into their territory subject to compliance with certain additional requirements to prevent the risk of introducing rabies, echinococcus and ticks ("transitional regime").

In order to determine the regime to be applied with effect from 1 July 2010, the Commission carried out an impact assessment based on various recent consultations and on the report that was adopted on 8 October 2007 that took into account the recommendations made by the European Food Safety Authority (EFSA). EFSA identified that in 2005 certain Member States had a non negligible prevalence of rabies in their pet population, which is related to the rabies situation in wildlife (foxes are the main reservoir of rabies in Europe).

In view of the EFSA opinions and of the Community-supported programmes, the transitional measure provided for in Regulation (EC) No 998/2003 should be extended until 31 December 2011.

Moreover, from the opinions adopted by EFSA with regard to echinococcosis and ticks, it results that the data available did not allow EFSA to demonstrate a particular status of the five Member States applying the transitional regime with regard to certain ticks and the tapeworm Echinococcus multilocularis and to quantify the risk of pathogen introduction through the non-commercial movement of pet animals.

For reasons of consistency, it is appropriate to extend the transitional measure provided for in Article 16 of Regulation (EC) No 998/2003 until 31 December 2011.

IMPACT ASSESSMENT: the Commission considers four policy options :

Option 1 : no action - this option means that after 30 June 2010, Finland, Ireland, Malta, Sweden and the UK will no longer make the entry of pet animals into their territory subject to additional requirements regarding rabies, echinococcus and ticks. Option 2 : extension of the transitional regime – this option means a further temporary extension of the transitional period until the end of 2011. This option would require a Commission proposal to the European Parliament and the Council extending the transitional period for the five Member States that currently apply special rules and clarifying the regime that would apply as from 1 January 2012. Option 3 : adjustment of the current rules applicable to all Member States. Option 4 : continuation of the transitional regime on a permanent basis.

Following on from the impact assessment, preference has been given to options 1 and 2, which are similar in principle. Either would entail removing, sooner or later, the unjustified disparities, discrimination and burden felt by citizens including citizens from the five Member States who are affected by additional requirements when returning from abroad. At the same time, both options would maintain a high level of safety for pet movements within and into the EU, by applying the general regime, which has proved to be effective in preventing human and pet animal cases of rabies caused by lawful movement of pets between and into Member States. However, the Commission concludes that there is a slight advantage in selecting option 2 as it lowers the public health risk.

CONTENT: the overall objectives of this Regulation are to be seen in the light of the free circulation of people and the new Animal Health Strategy.

The specific objectives are:

to harmonise requirements to remove disproportionate obstacles to the movement of pets for non-commercial purposes across the EU or entering the EU from third countries, while properly protecting public and animal health , in particular with regard to rabies; to provide EU rules that are proportionate, avoid causing difficulties and give clear benefits in terms of clarity and simplification for travelling pet owners.

The proposal foresees that special science based rules could be adopted by the Commission under the comitology procedure if a Member State demonstrates that they are necessary to effectively protect itself against the introduction and spread of disease agents that do not occur in their territory.

Lastly, two new Annexes, Annex Ia and Annex Ib, the texts of which are set out in the Annex to the present Regulation, shall be inserted. Part C of Annex I, Annex Ib and parts B and C of Annex II may be amended by the Commission to take account of developments in the situation within Community territory or in third countries as regards diseases affecting the species of animals covered by this Regulation, in particular rabies.

BUDGETARY IMPLICATIONS: this proposal has no implication for the Community budget.

COM(2009)0268
EUR-Lex

SEC(2009)0776
EUR-Lex

SEC(2009)0777
EUR-Lex

PURPOSE: to extend, until the end of 2011, transitional measures on the non-commercial movement of pet animals.

PROPOSED ACT: Regulation of the European Parliament and of the Council.

BACKGROUND: in accordance with Regulation (EC) No 998/2003, pet dogs, cats and ferrets travelling with their owner to another Member State must be accompanied by a passport, or when imported by a certificate, providing proof of a valid anti-rabies vaccination (“general regime”). As of 3 July 2011 electronic identification of dogs, cats and ferrets will be mandatory.

In order to take account of the particular situation of Ireland, Malta, Sweden and the United Kingdom with regard to rabies, Regulation (EC) No 998/2003 provides for a transitional period during which the entry of pet dogs and cats into those Member States is subjected to more stringent requirements.

The Regulation grants a period of five years starting from the date of its entry into force, i.e. until 3 July 2008 (extended to 30 June 2010), to Finland, Ireland, Malta, Sweden and the United Kingdom to make the entry of pet animals into their territory subject to compliance with certain additional requirements to prevent the risk of introducing rabies, echinococcus and ticks ("transitional regime").

In order to determine the regime to be applied with effect from 1 July 2010, the Commission carried out an impact assessment based on various recent consultations and on the report that was adopted on 8 October 2007 that took into account the recommendations made by the European Food Safety Authority (EFSA). EFSA identified that in 2005 certain Member States had a non negligible prevalence of rabies in their pet population, which is related to the rabies situation in wildlife (foxes are the main reservoir of rabies in Europe).

In view of the EFSA opinions and of the Community-supported programmes, the transitional measure provided for in Regulation (EC) No 998/2003 should be extended until 31 December 2011.

Moreover, from the opinions adopted by EFSA with regard to echinococcosis and ticks, it results that the data available did not allow EFSA to demonstrate a particular status of the five Member States applying the transitional regime with regard to certain ticks and the tapeworm Echinococcus multilocularis and to quantify the risk of pathogen introduction through the non-commercial movement of pet animals.

For reasons of consistency, it is appropriate to extend the transitional measure provided for in Article 16 of Regulation (EC) No 998/2003 until 31 December 2011.

IMPACT ASSESSMENT: the Commission considers four policy options :

Option 1 : no action - this option means that after 30 June 2010, Finland, Ireland, Malta, Sweden and the UK will no longer make the entry of pet animals into their territory subject to additional requirements regarding rabies, echinococcus and ticks. Option 2 : extension of the transitional regime – this option means a further temporary extension of the transitional period until the end of 2011. This option would require a Commission proposal to the European Parliament and the Council extending the transitional period for the five Member States that currently apply special rules and clarifying the regime that would apply as from 1 January 2012. Option 3 : adjustment of the current rules applicable to all Member States. Option 4 : continuation of the transitional regime on a permanent basis.

Following on from the impact assessment, preference has been given to options 1 and 2, which are similar in principle. Either would entail removing, sooner or later, the unjustified disparities, discrimination and burden felt by citizens including citizens from the five Member States who are affected by additional requirements when returning from abroad. At the same time, both options would maintain a high level of safety for pet movements within and into the EU, by applying the general regime, which has proved to be effective in preventing human and pet animal cases of rabies caused by lawful movement of pets between and into Member States. However, the Commission concludes that there is a slight advantage in selecting option 2 as it lowers the public health risk.

CONTENT: the overall objectives of this Regulation are to be seen in the light of the free circulation of people and the new Animal Health Strategy.

The specific objectives are:

to harmonise requirements to remove disproportionate obstacles to the movement of pets for non-commercial purposes across the EU or entering the EU from third countries, while properly protecting public and animal health , in particular with regard to rabies; to provide EU rules that are proportionate, avoid causing difficulties and give clear benefits in terms of clarity and simplification for travelling pet owners.

The proposal foresees that special science based rules could be adopted by the Commission under the comitology procedure if a Member State demonstrates that they are necessary to effectively protect itself against the introduction and spread of disease agents that do not occur in their territory.

Lastly, two new Annexes, Annex Ia and Annex Ib, the texts of which are set out in the Annex to the present Regulation, shall be inserted. Part C of Annex I, Annex Ib and parts B and C of Annex II may be amended by the Commission to take account of developments in the situation within Community territory or in third countries as regards diseases affecting the species of animals covered by this Regulation, in particular rabies.

BUDGETARY IMPLICATIONS: this proposal has no implication for the Community budget.

COM(2009)0268
EUR-Lex