Legal provisions of COM(2009)268 - Amendment of Regulation (EC) No 998/2003 on the animal health requirements applicable to the non-commercial movement of pet animals

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dossier COM(2009)268 - Amendment of Regulation (EC) No 998/2003 on the animal health requirements applicable to the non-commercial movement of pet ...
document COM(2009)268 EN
date May 19, 2010

Contents

Article 1

Regulation (EC) No 998/2003 is hereby amended as follows:

1.In Article 4(1), the second subparagraph is replaced by the following:

‘In the case referred to in point (b) of the first subparagraph, where the transponder does not comply with the requirements set out in Annex Ia, the owner or the natural person responsible for the pet animal on behalf of the owner must provide the means necessary for reading the transponder at the time of any inspection.’;

2.Article 5(1) is amended as follows:

(a)Point (b) is replaced by the following:

‘(b)be accompanied by a passport issued by a veterinarian authorised by the competent authority certifying that:

(i)a valid anti-rabies vaccination was carried out on the animal in question pursuant to Annex Ib,

(ii)where necessary, preventive health measures regarding other diseases were carried out on the animal in question.’;

(b)The following subparagraph is added:

‘In order to ensure the control of diseases other than rabies, likely to spread due to the movement of pet animals, the Commission may adopt, by means of delegated acts in accordance with Article 19b and subject to the conditions of Articles 19c and 19d, the preventive health measures referred to in point (b)(ii) of the first subparagraph. Those measures shall be scientifically justified and shall be proportionate to the risk of spreading those diseases due to such movement.’;

3.In the first subparagraph of Article 6(1), the introductory part and the first indent is replaced by the following:

‘1.   Until 31 December 2011, the entry of the pet animals listed in Part A of Annex I into the territory of Ireland, Malta, Sweden and the United Kingdom shall be subject to the following requirements:

—they must be identified in accordance with point (b) of the first subparagraph of Article 4(1), unless, until the end of the eight-year transitional period provided for in Article 4(1), the Member State of destination also recognises identification in accordance with point (a) of the first subparagraph of Article 4(1), and’;

4.Article 8(1) is amended as follows:

(a)In point (a), point (ii) is replaced by the following:

‘(ii)until 31 December 2011, one of the Member States listed in part A of Annex II, either directly or after transit through one of the territories listed in part B of Annex II, satisfy the requirements of Article 6.’

(b)In point (b), point (ii) is replaced by the following:

‘(ii)until 31 December 2011, one of the Member States listed in part A of Annex II, either directly or after transit through one of the territories listed in part B of Annex II, be placed in quarantine unless they have been brought into conformity with the requirements of Article 6 after their entry into the Union.’;

5.In Article 14, the second paragraph is replaced by the following:

‘In the case referred to in point (b) of the first subparagraph of Article 4(1), where the transponder does not comply with the requirements set out in Annex Ia, the owner or the natural person responsible for the pet animal on behalf of the owner must provide the means necessary for reading the transponder at the time of any inspection.’;

6.Article 16 is replaced by the following:

‘Article 16

Until 31 December 2011, Finland, Ireland, Malta, Sweden and the United Kingdom, as regards echinococcosis, and Ireland, Malta and the United Kingdom, as regards ticks, may make the entry of pet animals into their territory subject to compliance with the special rules applicable on the date of entry into force of this Regulation.’;

7.The following Articles are inserted:

‘Article 19a

1. In order to take account of technical progress, the Commission may adopt, by means of delegated acts in accordance with Article 19b and subject to the conditions of Articles 19c and 19d, amendments to the technical requirements for the identification as laid down in Annex Ia.

2. In order to take account of scientific and technical developments regarding anti-rabies vaccination, the Commission may adopt, by means of delegated acts in accordance with Article 19b and subject to the conditions of Articles 19c and 19d, amendments to the technical requirements for the anti-rabies vaccination as laid down in Annex Ib.

3. When adopting such delegated acts, the Commission shall act in accordance with the provisions of this Regulation.

Article 19b

1. The power to adopt the delegated acts referred to in Article 5(1) and Article 19a shall be conferred on the Commission for a period of 5 years following 18 June 2010. The Commission shall make a report in respect of the delegated powers not later than 6 months before the end of the 5 year period. The delegation of powers shall be automatically extended for periods of an identical duration, unless the European Parliament or the Council revokes it in accordance with Article 19c.

2. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

3. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in Articles 19c and 19d.

Article 19c

1. The delegation of powers referred to in Article 5(1) and Article 19a may be revoked at any time by the European Parliament or by the Council.

2. The institution which has commenced an internal procedure for deciding whether to revoke the delegation of powers shall endeavour to inform the other institution and the Commission within a reasonable time before the final decision is taken, indicating the delegated powers which could be subject to revocation and possible reasons for a revocation.

3. The decision of revocation shall put an end to the delegation of the powers specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union.

Article 19d

1. The European Parliament or the Council may object to a delegated act within a period of two months from the date of notification.

At the initiative of the European Parliament or the Council this period shall be extended by two months.

2. If, on expiry of that period, neither the European Parliament nor the Council has objected to the delegated act, it shall be published in the Official Journal of the European Union and shall enter into force on the date stated therein.

The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections.

3. If the European Parliament or the Council objects to a delegated act, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated act.’;

8.Annexes Ia and Ib, as set out in the Annex to this Regulation, are inserted.

Article 2

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.