Key Words : movement of pets other than cats, dogs and ferrets
Franz Obermayr (NI)
26 September 2013
The new Regulations ((EU) No 576 and 577/2013) on pet animals came into force in the middle of 2013 and apply from 29 December 2014. Annex I B lists invertebrates alongside birds, amphibia, reptiles, rodents, rabbits and aquatic animals. This raises the following questions:
1. Is the Commission in the process of adopting legislation which extends the provisions relating to the animals listed in Annex I A to those in Annex I B? This question concerns in particular the need for a pet passport and the requirement to be able to identify the animal (tattoo/passport). 2. If this is not the case, is the Commission planning to intervene in order to amend national regulations? 3. If it is the case, to what extent is the Commission taking into consideration the proportionality of the measures, not only with regard to the health of humans and animals, but also in respect of the cost and the general feasibility, for example the permitted transport volume, the identification requirements and the need for a pet passport for invertebrates (worms, larvae or beetles)? 4. Why does this regulation apply only to private individuals and not to wholesalers and importers who could exploit a legislative loophole by denying or circumventing the commercial purposes of their activities?
15 November 2013
Answer given by Mr Borg on behalf of the Commission
1. At present, the Commission does not envisage adopting rules for the non-commercial movement of pet animals of the species listed in Part B of Annex I to Regulation (EU) No 576/2013(1) of the European Parliament and of the Council.
2. Pending the establishment of Union rules, the Commission cannot intervene nor comment on rules applied by Member States where they are applied proportionately to the risk to public or animal health associated with the non-commercial movement of the pet animals of those species, and are not stricter than those applied to trade in and imports into the Union of those species, as provided for in Regulation (EU) No 576/2013.
3. In the event of an imminent risk to public or animal health associated with the non-commercial movement of pet animals of one of those species, the Commission may adopt a delegated act, following appropriate consultation, on species-specific preventive health measures, and on species-specific requirements concerning their marking taking into account any relevant national requirements.
4. Regulation (EU) No 576/2013 applies to a pet animal of the species listed in Annex I thereto, which accompanies its owner during his or her movement not aiming at the sale or the transfer of ownership of that pet animal (‘non-commercial movement’). If one of the aforementioned conditions is not met, the animal must meet the EU animal health requirements applicable to trade in or imports into the Union of animals of the species concerned (‘commercial movement’). Regulation (EU) No 576/2013 strengthens the legal framework for the official controls with the aim to better prevent that commercial movements are fraudulently disguised as non-commercial movements.
(1) OJ L 178/12, 8.6.2013.