Commission Delegated Regulation (EU) 2026/131 of 20 January 2026 supplementing Regulation (EU) 2016/429 of the European Parliament and of the Council, as regards animal health requirements for non-commercial movement of pet animals

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’) (1), and in particular the second subparagraph of Article 3(5), Article 245(3), Article 246(3), Article 249(3), Article 252(1) and Article 254 thereof,

Whereas:

(1) Regulation (EU) No 576/2013 of the European Parliament and of the Council (2), which lays down the rules for non-commercial movement of pet animals, was repealed by Article 270(2) of Regulation (EU) 2016/429 as from 21 April 2021. However, Article 277 of Regulation (EU) 2016/429 provides that notwithstanding that repeal, Regulation (EU) No 576/2013 is to continue to apply until 21 April 2026 in respect of non-commercial movements of pet animals, in place of Part VI of Regulation (EU) 2016/429.

(2) Regulation (EU) 2016/429 lays down rules for the prevention and control of diseases which are transmissible to animals or humans, including the animal health requirements applicable to non-commercial movements of pet animals into a Member State from another Member State or from a third country or territory. Regulation (EU) 2016/429 also empowers the Commission to adopt rules to supplement certain non-essential elements of that Regulation by means of delegated acts. As the transitional period related to the repeal of Regulation (EU) No 576/2013 is to cease on 21 April 2026, it is therefore appropriate to adopt such supplementing rules in order to ensure the smooth functioning of the legal framework established by Regulation (EU) 2016/429.

(3) Regulation (EU) 2016/429 aims to provide a simpler and more flexible regulatory framework compared to the one applicable prior to its adoption, while at the same time ensuring a more risk-based approach to animal health requirements, and improved animal disease preparedness, prevention and control. It also aims to compile the rules on animal diseases in a single act. In the interests of simplicity and transparency of Union rules, as well as to facilitate the application of those rules and avoid duplication, the rules for non-commercial movements of pet animals into a Member State from another Member State or from a third country or territory should be laid down in a single act rather than in a number of cross-referenced separate acts. In addition, as there is a substantive link between the empowerments laid down in Article 3(5) and in Part VI of Regulation (EU) 2016/429 relating to the animal health requirements for non-commercial movements of pet animals, it is appropriate that the supplementing rules be laid down in a single act.

(4) The keeping of pet animals by humans in their households, both indoors and outdoors, generally poses a lower health risk compared to other ways of keeping or moving animals on a broader scale, such as those common in agriculture, aquaculture, animal breeding, animal shelters and the transport of animals more generally. This explains why it is appropriate to establish a commensurate set of animal health requirements on non-commercial movements of pet animals that should focus on measures adequately addressing the specific nature and risks presented by pet animals and their non-commercial movements, as applying the general framework to these animals would represent an unjustified administrative burden and cost.

(5) The rules and risk mitigation measures laid down in this Regulation supplement the animal health requirements laid down in Part VI of Regulation (EU) 2016/429 as regards non-commercial movements of pet animals to ensure a sufficient level of safety to mitigate the public and animal health risks involved in non-commercial movements, and more particularly the risk of the spread of listed diseases defined in that Regulation (EU) 2016/429, and categorised in accordance with Article 9(1), point (d), of that Regulation by Commission Implementing Regulation (EU) 2018/1882 (3), and to remove any unjustified obstacles to such non-commercial movements.

(6) The existing animal health rules laid down in previous Commission acts concerning non-commercial movements of pet animals have proved to be sound, proportionate and effective. Therefore, the aim and main provisions of those existing rules should be maintained in this Regulation but updated to take account of the rules on better regulation, of the new animal health framework laid down in Regulation (EU) 2016/429, and of international standards and experience in applying previous Union acts in that field.

(7) Regulation (EU) 2016/429 already lays down a number of definitions. In addition, this Regulation should also have regard to the definitions laid down in other Union acts in the related areas of official controls, and in particular those laid down in Regulation (EU) 2017/625 of the European Parliament and of the Council (4). However, for the purpose of laying down the animal health requirements for non-commercial movements of pet animals, it is appropriate to specify the animal species to which the rules laid down in this Regulation applies and to include particular definitions. These definitions should include the specific ‘travellers points of entry’ used for non-commercial movements from third countries or territories, and the ‘authorised veterinarians’ to whom specific tasks are delegated by the competent authority in this field in relation to prevention and risk-mitigation measures and issuing of passports for pet dogs, pet cats and pet ferrets in Member States and in relation to prevention and risk-mitigation measures and issuing of animal health certificates for pet dogs, pet cats, pet ferrets and pet birds in third countries.

(8) As defined in Article 4, point (11), of Regulation (EU) 2016/429, a ‘pet animal’ is a kept animal of the species listed in Annex I thereto, kept for private non-commercial purposes, and includes dogs, cats, and ferrets. Such animals are usually kept privately for recreational or companionship purposes. However, in the case of certain dogs, these animals may also, while still being considered as a pet animal, be kept for extra purposes than purely recreational or companionship ones.

(9) Those extra purposes include participating in competition, sporting, training, exhibition or working events where they are used for certain capacities they acquire by training, as provided by Article 246(2), point (a), of Regulation (EU) 2016/429. In a similar way, such extra purposes may also take advantage of other capacities acquired by certain dogs, in particular when used for military, law enforcement or search-and-rescue activities.

(10) Movements of dogs in all these circumstances are carried out under the supervision of the pet owner or a responsible person who may in particular belong to military, law enforcement or search-and-rescue bodies. It is, therefore, appropriate to clarify that the rules laid down in this Regulation also apply to the movements of these latter categories of animals, and to provide for a certain flexibility, in accordance with the empowerment given to the Commission under Article 249(3) of Regulation (EU) 2016/429 to adopt delegated acts concerning the conditions for granting derogations from the requirements laid down in Article 249(2) of that Regulations, when such animals enter into the Union or return to the Union after movements outside the Union.

(11) In order to make a clear distinction between the rules that apply to non-commercial movements of pet animals, and those applicable to standard movements between Member States or from third countries or territories, of dogs, cats, ferrets and captive birds, Regulation (EU) 2016/429 defines a ‘pet animal’ and a ‘non-commercial movement’. To fall within these definitions, the pet animal is to accompany its owner and be part of the movement of the pet owner either under the direct responsibility of the pet owner or, on duly justified and documented grounds, under the responsibility of an authorised person, in cases where the pet animal is physically separated from the pet owner.

(12) In that context, Article 245(2) of Regulation (EU) 2016/429 provides that where the non–commercial movement of a pet animal is carried out by an authorised person, it may only take place within five days from the movement of the pet owner. Article 245(3) of that Regulation empowers the Commission to lay down supplementary requirements in relation to the documentation of the non-commercial movement of a pet animal when carried out by an authorised person. It is therefore appropriate to provide that where a non-commercial movement of a pet animal is carried out by an authorised person, a written authorisation signed by the pet owner should be attached to the identification documents accompanying the pet animal either for the non-commercial movement into a Member State from another Member State or into a Member State from a third country or territory.

(13) In addition, Regulation (EU) 2016/429 fixes the maximum number of pet animals of the species listed in Part A of Annex I to that Regulation, namely dogs, cats and ferrets, which may accompany their owner or an authorised person. Article 246(1) of that Regulation provides that the number of such pet animals which may be moved during a single non–commercial movement is not to exceed five. It also lays down the conditions for derogations whereby that maximum number may be exceeded.

(14) In that context, movements of more than five pet dogs, pet cats or pet ferrets, which do not fulfil the conditions for the derogation laid down in Article 246(2) of Regulation (EU) 2016/429, may not be regarded as non-commercial movements under that Regulation and should fall within the scope of its Parts IV or V.

(15) For the movements of pet animals of the species listed in Part B of Annex I to Regulation (EU) 2016/429, including birds, Article 246(3) of that Regulation empowers the Commission to adopt supplementary rules setting the maximum number of pet animals of those species which may be moved during a single non–commercial movement. As moving a large number of birds may increase the risk for the introduction and spread of the avian influenza virus, it is necessary to introduce such a maximum number for pet birds when accompanying their owner or an authorised person into the Union from a third country or territory.

(16) By setting such maximum number, this also aims to ensure that Parts IV and V of Regulation (EU) 2016/429 are correctly applied to pet birds and that movements into the Union of more than that maximum number are to be carried out in accordance with the requirements for the entry into the Union of captive birds laid down in Commission Delegated Regulation (EU) 2020/692 (5), and to be subject to official controls at border control posts as laid down in Regulation (EU) 2017/625.

(17) Still in that context, Regulation (EU) 2016/429 makes a clear link between the maximum number of pet animals that can be covered by a non-commercial movement and the fact that this movement should be carried out as a single non-commercial movement. However, Regulation (EU) 2016/429 does not define a ‘single non-commercial movement’. This may lead to different interpretation by Member States and be a source of abuse in the case of several pet owners travelling together in the same private means of transport. For certainty reasons, in order to ensure that Parts IV and V of Regulation (EU) 2016/429 are correctly applied to pet animals, it is also necessary to further specify the conditions that should apply to the notion of ‘single non-commercial movement’.

(18) Article 252(1), point (a), of Regulation (EU) 2016/429 empowers the Commission to lay down detailed species-specific requirements for the means of identification of pet animals of the species listed in Annex I to that Regulation and the application and use of such means of identification.

(19) Prior to the adoption of Regulation (EU) 2016/429, Union rules on the identification of pet animals were laid down in Regulation (EU) No 576/2013 for pet dogs, pet cats or pet ferrets, and in Commission Delegated Regulation (EU) 2021/1933 (6) for pet birds. The rules laid down in those Regulations have proven to be effective in ensuring the proper identification of pet animals. Accordingly, the main substance of those rules should be maintained in this Regulation but updated to take account of the practical experience gained by Member States in their application.

(20) Pet dogs, pet cats or pet ferrets are to be regarded as appropriately identified when they bear either a clearly readable tattoo, if applied before 3 July 2011, or are implanted with an electronic identification system (transponder). Implantation of transponders requires certain competences to be carried out. It is therefore necessary to clarify in this Regulation the persons that have the specific knowledge to perform this task.

(21) In that context, this Regulation should also lay down rules concerning the means to identify pet birds to be moved into a Member State from a third country or territory, in order to ensure that a link can be made between the pet bird and the corresponding identification document.

(22) Article 252(1), point (b), of Regulation (EU) 2016/429 empowers the Commission to lay down detailed species-specific requirements for the prevention and risk-mitigation measures to ensure that pet animals do not pose a significant risk for the spread of the listed diseases referred to in Article 9(1), point (d), of that Regulation due to movements of pet animals of the species listed in Annex I to that Regulation.

(23) Prior to the application of Regulation (EU) 2016/429, Union rules on prevention and risk-mitigation measures to be complied with by pet animals when being moved into a Member State from another Member State or from a third country or territory were laid down in Regulation (EU) No 576/2013 for pet dogs, pet cats or pet ferrets, and in Delegated Regulation (EU) 2021/1933 for pet birds. Those rules have proven to be effective in minimising the risk of the spread of listed diseases through such movements. Accordingly, the main provisions of those rules should be maintained in this Regulation but updated to take account of the practical experience gained by Member States in their application. This Regulation should also provide possibilities for derogations in cases where alternative risk-mitigation measures are put in place.

(24) According to Article 10(3) of Regulation (EU) 2016/429, pet keepers in the Union, including pet owners, are in the best position to observe and ensure the health of the animals under their responsibility. Therefore, they bear primary responsibility for carrying out measures for the prevention and control of the spread of diseases among animals under their responsibility. This also means that pet owners are required to ensure that the animals moved under their responsibility are free from disease symptoms and fit for such non-commercial movements.

(25) To mitigate any risk of the spread of animal disease from outside the Union, it is appropriate to require in this Regulation that pet animals originating in a third country or territory and being moved into the Union show no disease symptoms and are fit for such non-commercial movements.

(26) Due to its potential effects on humans and animals, infection with rabies virus is the disease of most concern in the Union affecting dogs, cats and ferrets. Infection with rabies virus is listed in the Annex to Implementing Regulation (EU) 2018/1882 as a category B disease, for which disease control measures must be taken in all Member States with the goal of eradicating it throughout the Union.

(27) To prevent rabies from spreading in the Union, rules should be laid down in this Regulation regarding the vaccination requirements of pet dogs, pet cats or pet ferrets subject to a non-commercial movement into a Member State from another Member State, or from a third country or territory.

(28) It is possible that rabies vaccines administered to pet dogs, pet cats or pet ferrets before the age of 12 weeks do not induce protective immunity due to competition with maternal antibodies. Consequently, vaccine manufacturers recommend not to vaccinate young pet animals before that age. In order to authorise the non-commercial movement from a Member State to another Member State of young pet animals that have not been vaccinated, or that have been vaccinated but have not yet acquired protective immunity against rabies, this Regulation should establish certain preventive measures to be taken, and give the Member States the possibility to authorise such non-commercial movements into their territory when young pet animals comply with those preventive measures.

(29) In addition, in order to prevent the introduction of rabies into the Union and to prove that the animals have been properly vaccinated against rabies, pet dogs, pet cats or pet ferrets that are being moved into a Member State from a third country or territory for non-commercial purposes must have undergone a valid rabies antibody titration test in accordance with point 1 of Annex XXI to Delegated Regulation (EU) 2020/692. This Regulation should also provide for derogations from the requirement to undergo a rabies antibody titration test for non-commercial movements into the Union of pet dogs, pet cats or pet ferrets from third countries or territories that have demonstrated that they apply rules, the content and effect of which are the same as those applied by in the Union, or that they have implemented a robust surveillance, prevention and control system for rabies in accordance with the criteria laid down in this Regulation.

(30) Infestation with Echinococcus multilocularis is listed in the Annex to Implementing Regulation (EU) 2018/1882 as a category C disease, which recognises that it is a disease of relevance to some Member States and for which measures are needed to prevent it from spreading to parts of the Union that are officially disease-free or that have eradication programmes for the listed disease concerned.

(31) Pet dogs intended for movement into a Member State with disease-free status from infestation with Echinococcus multilocularis should comply with additional requirements to ensure the protection of that status in those Member States. In this regard, a preventive treatment should be applied to such dogs before they are moved to any disease-free Member State. This Regulation should provide possibilities for derogations in cases where alternative risk-mitigation measures are put in place.

(32) Avian influenza is an infectious viral disease of birds which can have a negative impact on animal and public health and a severe impact on the profitability of poultry farming as its highly pathogenic form can result in high mortality rates in poultry species. Furthermore, although avian influenza is mainly found in birds, under certain circumstances infections can also occur in humans even though the risk is generally low.