Health andConsumers

Health andConsumers

Identification and traceability

of dogs and cats:

the current EU legal framework and

possible future developments

Alberto LaddomadaHead of Unit G2 Animal Health

Directorate-General for Health and ConsumersEuropean Commission, Brussels

Health andConsumers

Health andConsumers

Current EU animal health requirements for dogs and cats

When moved as pets for non-commercial purposes from one Member State into another

Legal base: Regulation (EC) No 998/2003 of EP and Council (replaced and repealed with effect from 29/12/2014 by Regulation (EU) No 576/2013)o Definition of pets: dogs or cats accompanying their owner

(movement triggered by the owner's movement)o Passport documenting:• Identification• Rabies vaccination• Deworming treatment where appropriate

Health andConsumers

Health andConsumers

Current EU animal health requirements for dogs and cats

When moved for tradeLegal base: Council Directive 92/65/EECo Passport documenting:• Identification• Rabies vaccination (derogation for experiments)• Deworming treatment where appropriate• Clinical examination o Health Certificate for consignmento Notification of the movement to the Member State of

destination throughTRACES (traceability of consignment)

Health andConsumers

Health andConsumers

Current EU animal welfare requirements for dogs and cats

• When moved as pets for non-commercial purposes• none

• When moved for trade• transport Regulation (Regulation (EC) No 1/2005)

- age limit

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Health andConsumers

Regulation (EU) No 576/2013 of EP and Council

o Identification requirements when moved from one Member State to another:

status quo

o No registration requirements

o Commission statement in the context of the European Union Strategy for the Protection and Welfare of Animals

Health andConsumers

Health andConsumers

Statement by the Commission • Within the framework of the European Union Strategy for the Protection and

Welfare of Animals1, the Commission will study the welfare of dogs and cats involved in commercial practices.

• If the outcome of that study indicates health risks arising from those commercial practices, the Commission will consider appropriate options for the protection of human and animal health, including proposing to the European Parliament and to the Council appropriate adaptations to current Union legislation on trade in dogs and cats, including the introduction of compatible systems for their registration accessible across Member States.

• In light of the above, the Commission will assess the feasibility and appropriateness of an extension of such registration systems to dogs and cats marked and identified in accordance with Union legislation on non-commercial movements of pet animals.

• 1 COM(2012) 6 final/2 Communication from the Commission to the European Parliament, the Council and the European Economic and Social Committee on the European Union Strategy for the Protection and Welfare of Animals 2012-2015

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Health andConsumers

Proposal for a new Regulation on animal health

• Legal bases• Article 43 TFEU

• implementing the common agricultural policy• Article 114

• establishment and functioning of the internal market: smooth and safe

• Article 168(2)(b)• measures in the veterinary and phytosanitary

fields which have as their direct objective the protection of public health

Health andConsumers

Health andConsumers

Proposal for a new Regulation on animal health

• Legal bases• Article 43 TFEU

• implementing the common agricultural policy• Article 114

• establishment and functioning of the internal market: smooth and safe

• Article 168(2)(b)• measures in the veterinary and phytosanitary

fields which have as their direct objective the protection of public health

Health andConsumers

Health andConsumers

Article 13 of TFEU

• "In formulating and implementing the Union's agriculture, fisheries, transport, internal market, research and technological development and space policies, the Union and the Member States shall, since animals are sentient beings, pay full regard to the welfare requirements of animals, while respecting the legislative or administrative provisions and customs of the Member States relating in particular to religious rites, cultural traditions and regional heritage."

• Not a legal base to act

Health andConsumers

Health andConsumers

Proposal for a new Regulation on animal health

• Communicable diseases

• Principles - Fit for decades to come

• Comprehensive, consistent, coherent, simplified and transparent

• All the possible tools and interventions

• Flexible and allows rapid reaction to events

• Delegated/implementing acts

Evolution not revolution

Health andConsumers

Health andConsumers

Proposal for a new Regulation on animal health

Main changes

•Broadening of the scope: both kept and wild animals

•Categorization and prioritisation of diseases

•Improved response to emerging diseases

•Enhanced surveillance and disease reporting

•Official controls another proposal including "New

TRACES"

Health andConsumers

Health andConsumers

Proposal for a new Regulation on animal health

• Key Articles for dogs and cats• Article 112 marking and identification document

• When moved as pets from one Member State into another

• Article 113 marking and identification document • When moved for trade• Operators obligations

• Possibility for further identification and treacability measures (in the framework of the legal bases and objectives of the Regulation)

Health andConsumers

Health andConsumers

Traceability of dogs and cats – Key considerations

• - Proportionality

• - Subsidiarity

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Health andConsumers

Key considerations

• - Problem identification• - Objectives • - Options• - Impacts• - Trade-offs between options

• Essential start: solid data and arguments• Sum of "small" problems ≠ one valid problem

• NEED FOR CLEAR EU ADDED VALUE

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Health andConsumers

Traceability of dogs and cats - Problem definition

• Describe the nature and extent of the problem

• Identify the key players/affected populations

• Establish the drivers and underlying causes

• Is the problem in the Union's remit to act? Does it pass the necessity and value added test?

• Develop a clear baseline scenario

Health andConsumers

Health andConsumers

Traceability of dogs and cats – Which level and which policy area is to act?

• Has the EU right to take action?• Is the issue linked to at least one of the legal

bases (policies) of the Treaty, and the objectives it sets out?

• If so, is it for:• A regulation on animal health?• A regulation on animal welfare?• A regulation on protection of consumer interest?• A regulation on protection of operators' interest?

Health andConsumers

Health andConsumers

Traceability of dogs and cats – The subsidiarity principle

• Why can the objectives of the proposed action not be achieved sufficiently by Member States? (necessity test)

• As a result of this, can objectives be better achieved by action by the EU? (test of EU Value Added)

Health andConsumers

Health andConsumers

Traceability of dogs and cats – The proportionality principle

• Community action should be as simple as possible and leave as much scope for national decision as possible, and should respect well established national arrangements and legal systems.

• Does the option go beyond what is necessary to achieve the objective satisfactorily?

• Is the scope of action limited to those aspects that Member States cannot achieve satisfactorily on their own, and where the Union can do better? (boundary test)?

• If the initiative creates a financial or administrative cost for the Union, national governments, regional or local authorities, economic operators or citizens, is this cost minimised and proportionate with the objective to be achieved?

Health andConsumers

Health andConsumers

THE STUDY

• To determine to which extent further EU intiatives on identification and traceability of pets are necessary to achieve EU objectives like better functioning of the single market and better public and animal health

Health andConsumers

Health andConsumers

THE STUDY

• Timeframe

• - to be launched within 2013

• - to be completed by 2014

Health andConsumers

Health andConsumers

Closing remarks

• - EU policy on pet identification and traceability finalized to the facilitation of non-commercial movements of pets has been successful

• - Further steps in this field needs to be based on solid data