Regulation (EU) No 576/2013 of the European Parliament and of the Council of 12 June 2013 on the non-commercial movement of pet animals and repealing Regulation (EC) No 998/2003 Text with EEA relevance

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 compliance checks on such movement.

Article 2

Scope

This Regulation shall apply without prejudice to:

(a) Regulation (EC) No 338/97;

(b) any national measures adopted, published and made available to the public 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 have as its aim either the sale of or the transfer of ownership of a pet animal;

(b) ‘pet animal’ means an animal of a species listed in Annex I accompanying its owner or an authorised person during non-commercial movement, and which remains for the duration of such non-commercial movement under the responsibility of the owner or the authorised person;

(c) ‘owner’ means a natural person indicated as the owner in the identification document;

(d) ‘authorised person’ means any natural person who has authorisation in writing from the owner to carry out the non-commercial movement of the pet animal on behalf of the owner;

(e) ‘transponder’ means a read-only passive radio frequency identification device;

(f) ‘identification document’ means a document drawn up in accordance with the model set out in implementing acts to be adopted pursuant to this Regulation, that enables the pet animal to be clearly identified and its health status to be checked for compliance with this Regulation;

(g) ‘authorised veterinarian’ means any veterinarian who has been authorised by the competent authority to carry out specific tasks in accordance with this Regulation or with acts adopted pursuant to this Regulation;

(h) ‘official veterinarian’ means any veterinarian appointed by the competent authority;

(i) ‘documentary check’ means verification of the identification document accompanying the pet animal;

(j) ‘identity check’ means verification for consistency between the identification document and the pet animal and where appropriate, for the presence and conformity of the marking;

(k) ‘travellers’ point of entry’ means any area designated by Member States for the purposes of the checks referred to in Article 34(1).

Article 4

General obligation

Non-commercial movement of pet animals that complies 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.

Article 5

Maximum number of pet animals

By way of derogation from paragraph 1, the maximum number of pet animals of the species listed in Part A of Annex I may exceed five if the following conditions are fulfilled:

(a) the non-commercial movement of pet animals is for the purpose of participating in competitions, exhibitions or sporting events or in training for such events;

(b) the owner or the authorised person submits written evidence that the pet animals are registered either to attend an event referred to in point (a), or with an association organising such events;

(c) the pet animals are more than six months old.

CHAPTER II

CONDITIONS APPLICABLE TO THE NON-COMMERCIAL MOVEMENT OF PET ANIMALS INTO A MEMBER STATE FROM ANOTHER MEMBER STATE

SECTION 1

Pet animals of the species listed in Part A of Annex I

Article 6

Conditions applicable to the non-commercial movement of 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 fulfil the following conditions:

(a) they are marked in accordance with Article 17(1);

(b) they have received an anti-rabies vaccination that complies with the validity requirements set out in Annex III;

(c) they comply with any preventive health measures for diseases or infections other than rabies adopted pursuant to Article 19(1);

(d) they are accompanied by an identification document duly completed and issued in accordance with Article 22.

Article 7

Derogation from the anti-rabies vaccination condition for young pet animals of the species listed in Part A of Annex I

Subject to paragraph 2, Member States may, by way of derogation from point (b) of Article 6, authorise the non-commercial movement into their territory from another Member State of pet animals of the species listed in Part A of Annex I, which are:

(a) either less than 12 weeks old and have not received an anti-rabies vaccination; or

(b) between 12 and 16 weeks old and have received an anti-rabies vaccination, but do not yet meet the validity requirements referred to in point 2(e) of Annex III.

The authorisation referred to in paragraph 1 may be granted only if:

(a) either the owner or the authorised person provides a signed declaration that from birth until the time of the non-commercial movement the pet animals have had no contact with wild animals of species susceptible to rabies; or

(b) the pet animals are accompanied by their mother, on whom they still depend, and from the identification document accompanying their mother it can be established that, before their birth, the mother received an anti-rabies vaccination which complied with the validity requirements set out in Annex III.

Article 8

Derogation from the anti-rabies vaccination condition for pet animals of the species listed in Part A of Annex I

In order to be included in the list referred to in paragraph 2, the Member States interested in such a mutual agreement shall submit a joint application to the Commission, including details of the draft agreement, by which they can demonstrate, taking into account the procedures in the Terrestrial Animal Health Code of the World Organisation for Animal Health (OIE) for self-declaration as to the freedom of a country or zone from rabies, that they fulfil at least the following conditions:

(a) the applicant Member States shall have in operation ongoing surveillance and reporting systems with regard to rabies;

(b) the applicant Member States, or the parts of their territory for which the application is made, shall have been free of rabies and rabies shall not be known to have been established in wild animals in the territory of the Member States concerned, or parts thereof, for at least the two years prior to the joint application on the basis of the systems referred to in point (a);

(c) the applicant Member States shall have in place efficient and effective control measures to prevent the introduction into and spread within their territory of rabies;

(d) the application of the derogation from point (b) of Article 6 shall be justified and proportionate to the risks to public or animal health associated with the direct non-commercial movement from one of the applicant Member States to the other or part of its territory of non-vaccinated pet animals of the species listed in Part A of Annex I.

The joint application shall contain adequate, reliable and scientifically validated information.

SECTION 2

Pet animals of the species listed in Part B of Annex I

Article 9

Conditions applicable to the non-commercial movement of pet animals of the species listed in Part B of Annex I

Pet animals of the species referred to in paragraph 1 may be moved into a Member State from another Member State only if they fulfil the following conditions:

(a) they are marked or described according to the requirements adopted pursuant to Article 17(2);

(b) they comply with any preventive health measures for diseases or infections other than rabies adopted pursuant to Article 19(1);

(c) they are accompanied by an identification document duly completed and issued in accordance with Article 29.

Pending the adoption of the relevant delegated acts referred to in paragraph 1, Member States may apply national rules to the non-commercial movement of pet animals of the species listed in Part B of Annex I into their territory from another Member State, 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 those species; and

(b) not stricter than those applied to trade in animals of those species in accordance with Directives 92/65/EEC or 2006/88/EC.

CHAPTER III

CONDITIONS APPLICABLE TO THE NON-COMMERCIAL MOVEMENT OF PET ANIMALS INTO A MEMBER STATE FROM A TERRITORY OR A THIRD COUNTRY

SECTION 1

Pet animals of the species listed in Part A of Annex I

Article 10

Conditions applicable to the non-commercial movement of 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 territory or a third country unless they fulfil the following conditions:

(a) they are marked in accordance with Article 17(1);

(b) they have received an anti-rabies vaccination that complies with the validity requirements set out in Annex III;

(c) they have undergone a rabies antibody titration test that complies with the validity requirements set out in Annex IV;

(d) they comply with any preventive health measures for diseases or infections other than rabies adopted pursuant to Article 19(1);

(e) they are accompanied by an identification document duly completed and issued in accordance with Article 26.

By way of derogation from paragraph 2, Member States may authorise registered military or search-and-rescue dogs to move through a point of entry other than a travellers’ point of entry provided that:

(a) the owner or the authorised person has applied in advance for a permit and the Member State has granted such a permit; and

(b) the dogs undergo compliance checks in accordance with Article 34(2) at a place designated by the competent authority for that purpose and in accordance with the arrangements set out in the permit referred to in point (a) of this paragraph.

Article 11

Derogation from the anti-rabies vaccination condition for young pet animals of the species listed in Part A of Annex I

Subject to paragraph 2, by way of derogation from point (b) of Article 10(1), Member States may authorise the non-commercial movement into their territory from territories or third countries listed pursuant to Article 13(1) or (2) of pet animals of the species listed in Part A of Annex I, which are:

(a) either less than 12 weeks old and have not received an anti-rabies vaccination; or

(b) between 12 and 16 weeks old and have received an anti-rabies vaccination, but do not yet meet the validity requirements referred to in point 2(e) of Annex III.

The authorisation referred to in paragraph 1 may be granted only if:

(a) either the owner or the authorised person provides a signed declaration that from birth until the time of the non-commercial movement the pet animals have had no contact with wild animals of species susceptible to rabies; or

(b) the pet animals are accompanied by their mother, on whom they still depend, and from the identification document accompanying their mother it can be established that, before their birth, the mother received an anti-rabies vaccination which complied with the validity requirements set out in Annex III.

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 point (c) of Article 10(1), the antibody titration test shall not be required for pet animals of the species listed in Part A of Annex I that are being moved into a Member State from a territory or a third country listed pursuant to Article 13(1) or (2):

(a) either directly;

(b) following residency exclusively in one or more of those territories or third countries; or

(c) after transit through a territory or a third country other than those listed pursuant to Article 13(1) or (2), provided that the owner or authorised person provides a signed declaration that during such transit the pet animals have had no contact with animals of 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 territories and third countries

The Commission shall, by means of an implementing act, adopt a list of territories and third countries which have made an application for entry on the list in which they demonstrate that for pet animals of the species listed in Part A of Annex I, they fulfil at least the following criteria:

(a) the notification of cases of rabies to the competent authorities is obligatory;

(b) an effective surveillance system for rabies has been in place for at least two years prior to the application, a minimum requirement of which is an on-going early detection programme to ensure investigation and reporting of animals suspected of having rabies;

(c) the structure and organisation of their veterinary and control services, and the powers of such services, the supervision to which they are subject and the means at their disposal, including staff and laboratory capacity, are sufficient to: (i) apply and enforce national legislation on the non-commercial movement of pet animals effectively; and (ii) guarantee the validity of the identification documents in the format provided for in Article 25 and issued in accordance with Article 26;

(d) rules on the prevention and control of rabies are in force and implemented effectively to minimise the risk of infection of pet animals, including rules on imports of pet animals from other countries or territories, and where appropriate, on: (i) the control of the stray dog and cat population; (ii) the vaccination of domestic animals against rabies, in particular where rabies is present in vampire bats; and (iii) the control and eradication of rabies in wildlife;

(e) rules are in force on the licensing and marketing of anti-rabies vaccines.

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 territories or third countries referred to in paragraphs 1 and 2 of this Article in accordance with the procedure referred to in Article 41(3).

SECTION 2

Pet animals of the species listed in Part B of Annex I

Article 14

Conditions applicable to the non-commercial movement of pet animals of the species listed in Part B of Annex I

Pet animals referred to in paragraph 1 may be moved into a Member State from a territory or a third country only if they fulfil the following conditions:

(a) they are marked or described according to the requirements adopted pursuant to Article 17(2);

(b) they comply with any preventive health measures for diseases or infections other than rabies adopted pursuant to Article 19(1);

(c) they are accompanied by an identification document duly completed and issued in accordance with Article 31;

(d) they enter through a travellers’ point of entry when coming from a territory or a third country other than those listed pursuant to Article 15.

Pending the adoption of the relevant delegated acts referred to in paragraph 1, Member States may apply national rules to the non-commercial movement of pet animals of the species listed in Part B of Annex I into their territory from a territory or a third country, 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 those species; and

(b) not stricter than those applied to imports of animals of those species in accordance with Directives 92/65/EEC or 2006/88/EC.

Article 15

Establishment of a list of territories and third countries

The Commission may, by means of an implementing act, adopt a list of territories and third countries which have demonstrated that for pet animals of the species listed in Part B of Annex I, they apply rules the content and effect of which are the same as those laid down in Section 2 of Chapter II, this Section and Section 2 of Chapter VI and where applicable the rules adopted pursuant to those rules.

SECTION 3

Derogation from the conditions on the non-commercial movement of pet animals

Article 16

Derogation from the conditions applicable to the non-commercial movement of pet animals between certain countries and territories

By way of derogation from Articles 10 and 14, the non-commercial movement of pet animals between the following countries and territories may continue under the conditions laid down by the national rules of those countries and territories:

(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;

(g) Faeroe Islands and Denmark;

(h) Greenland and Denmark.

CHAPTER IV

MARKING AND PREVENTIVE HEALTH MEASURES

SECTION 1

Marking

Article 17

Marking of pet animals

Where the transponder referred to in the first subparagraph does not comply with the technical requirements set out in Annex II, the owner or the authorised person shall provide the means necessary for reading that transponder at the time of any verification of the marking provided for in Article 22(1) and (2), and Article 26, and the identity checks provided for in Article 33 and Article 34(1).

In view of the diversity of species listed in Part B of Annex I, the Commission shall be empowered to adopt delegated acts in accordance with Article 39 concerning such species-specific requirements for marking or describing pet animals of those species, taking into account any relevant national requirements.

Article 18

Qualifications required for implanting transponders in pet animals

Where a Member State intends to allow the implantation of transponders by a person other than a veterinarian, it shall lay down rules on the minimum qualifications that such persons are required to have.

SECTION 2

Preventive health measures for diseases or infections other than rabies

Article 19

Preventive health measures and conditions for their application

Where, in the event of risks to public or animal health, imperative grounds of urgency so require, the procedure provided for in Article 40 shall apply to delegated acts adopted pursuant to this paragraph.

The delegated acts provided for in paragraph 1 may also include: