Identification and traceability
of dogs and cats:
the current EU legal framework and
possible future developments
Alberto Laddomada
Head of Unit G2 Animal Health
Directorate-General for Health and Consumers
European Commission, Brussels
Health and
Consumers
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Council (replaced and repealed with effect from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
o
Definition of pets: dogs or cats accompanying their owner
(movement triggered by the owner's movement)
Passport documenting:
• Identification
• Rabies vaccination
• Deworming treatment where appropriate
Health and
Consumers
Current EU animal health requirements
for dogs and cats
When moved for trade
Legal base: Council Directive 92/65/EEC
o
o
o
Passport documenting:
• Identification
• Rabies vaccination (derogation for experiments)
• Deworming treatment where appropriate
• Clinical examination
Health Certificate for consignment
Notification of the movement to the Member State of
destination throughTRACES (traceability of consignment)
Health and
Consumers
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
Health and
Consumers
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 and
Consumers
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
Health and
Consumers
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 and
Consumers
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 and
Consumers
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 and
Consumers
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 and
Consumers
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 and
Consumers
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 and
Consumers
Traceability of dogs and cats –
Key considerations
• - Proportionality
• - Subsidiarity
Health and
Consumers
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
Health and
Consumers
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 and
Consumers
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
A
A
A
regulation
regulation
regulation
regulation
on
on
on
on
animal health?
animal welfare?
protection of consumer interest?
protection of operators' interest?
Health and
Consumers
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 and
Consumers
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 and
Consumers
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 and
Consumers
THE STUDY
• Timeframe
• - to be launched within 2013
• - to be completed by 2014
Health and
Consumers
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
Health and
Consumers