Regulation 2010/438 - Amendment of Regulation (EC) No 998/2003 on the animal health requirements applicable to the non-commercial movement of pet animals - Main contents
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official title
Regulation (EU) No 438/2010 of the European Parliament and of the Council of 19 May 2010 amending Regulation (EC) No 998/2003 on the animal health requirements applicable to the non-commercial movement of pet animals| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2010/438 |
| Original proposal | COM(2009)268  |
| CELEX number i | 32010R0438 |
| Document | 19-05-2010 |
|---|---|
| Publication in Official Journal | 29-05-2010; OJ L 132, 29.5.2010,Special edition in Croatian: Chapter 03 Volume 070 |
| Effect | 18-06-2010; Entry into force Date pub. +20 See Art 2 |
| End of validity | 28-12-2014; Repealed by 32013R0576 |
29.5.2010 |
EN |
Official Journal of the European Union |
L 132/3 |
REGULATION (EU) No 438/2010 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 19 May 2010
amending Regulation (EC) No 998/2003 on the animal health requirements applicable to the non-commercial movement of pet animals
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) and Article 168(4)(b) thereof,
Having regard to the proposal from the European Commission,
Having regard to the opinion of the European Economic and Social Committee (1),
After consulting the Committee of the Regions,
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) |
Regulation (EC) No 998/2003 of the European Parliament and of the Council (3) lays down the animal health requirements applicable to the non-commercial movement of pet animals and the rules applying to checks on such movement. |
(2) |
Article 5 of Regulation (EC) No 998/2003 lays down provisions applicable to the movement between Member States of dogs, cats and ferrets as listed in Parts A and B of Annex I thereto. Pursuant to Article 5(1)(a) of that Regulation, those pet animals must be identified by means of an electronic identification system (transponder). For an eight-year transitional period from the date of entry into force of that Regulation, those pet animals are to be regarded as identified also where they bear a clearly readable tattoo. |
(3) |
Article 4(1) and Article 14 of Regulation (EC) No 998/2003 provide that, where the transponder does not comply with ISO Standard 11784 or with Annex A to ISO Standard 11785, 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. |
(4) |
In order to avoid any unnecessary disturbances, in particular as regards the movement of pet animals from third countries, it is necessary to make the references to those ISO Standards more precise before the use of transponders becomes mandatory. Due to the technical nature of those references, it is appropriate to include them in an Annex to Regulation (EC) No 998/2003 and amend Articles 4 and 14 of that Regulation accordingly. |
(5) |
In addition, Article 5(1)(b) of Regulation (EC) No 998/2003 provides that dogs, cats and ferrets must be accompanied by a passport issued by a veterinarian authorised by the competent authority, certifying valid anti-rabies vaccination, in accordance with the recommendations of the manufacturing laboratory, carried out on the animal in question, with an inactivated anti-rabies vaccine of at least one antigenic unit per dose (WHO standard). Since the adoption of Regulation (EC) No 998/2003, recombinant vaccines have also become available for the purposes of anti-rabies vaccination. |
(6) |
In order to allow the movement, in particular from third countries, of dogs, cats and ferrets vaccinated with recombinant vaccines, provision should also be made to authorise, for the purpose of Regulation (EC) No 998/2003, the use of such vaccines in accordance with certain technical requirements laid down in an Annex to that Regulation. |
(7) |
If administered in a Member State, the vaccines should have been granted a marketing authorisation in accordance with either Directive 2001/82/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to veterinary medicinal products (4) or Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines... |
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