On the proposal for a regulation of the European Parliament and of the Council on the welfare of dogs and cats and their traceability

PR_COD_1amCom

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*** Consent procedure

***I Ordinary legislative procedure (first reading)

***II Ordinary legislative procedure (second reading)

***III Ordinary legislative procedure (third reading)

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Amendments to a draft act

Amendments by Parliament set out in two columns

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Amendments by Parliament in the form of a consolidated text

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DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council on the welfare of dogs and cats and their traceability

(COM(2023)0769 – C90443/2023 – 2023/0477(COD))

(Ordinary legislative procedure: first reading)

– having regard to the Commission proposal to Parliament and the Council (COM(2023)0769),

– having regard to Article 294(2) and Articles 114 and 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90443/2023),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to the opinion of the European Economic and Social Committee of 21 of March 2024,

– having regard to the opinion of the European Data Protection Supervisor of 14 November 2024,

– having regard to Rule 60 of its Rules of Procedure,

– having regard to the opinion of the Committee on the Environment, Public Health and Food Safety

– having regard to the report of the Committee on Agriculture and Rural Development (A100000/2025),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment 1

Proposal for a regulation

Recital 14

Text proposed by the Commission

Amendment

(14) A large number of dogs and cats will be covered by detailed welfare rules for the first time, which will allow them to benefit from better living conditions. However, considering the practical difficulties in certain cases to determine whether dogs and cats are kept as pets or for placing on the market or supply, this Regulation should exempt from certain obligations pet owners who keep a number of dogs and cats and produce a number of litters below a certain threshold. Otherwise, those pet owners would be subject to the relevant requirements of this Regulation, which would not be proportionate.

(14) A large number of dogs and cats will be covered by detailed welfare rules for the first time, which will allow them to benefit from better living conditions. However, in some cases this could result in significant costs for the operators. The potential risk of welfare problems grows the greater the number of dogs or cats bred or kept at an establishment. It is therefore appropriate, in the interests of proportionality, to distinguish between establishments of different sizes. On the one hand, all establishments, irrespective of the number of litters bred or the number of dogs or cats kept, should be subject to the general welfare principles and requirements. On the other hand, only establishments keeping or placing on the market a certain number of dogs or cats should be subject to more comprehensive and detailed welfare obligations. This approach takes into account the financial burden resulting from compliance with the more comprehensive and detailed welfare requirements, such as costly structural investments. However, occasional and irregular donations of small numbers of dogs and cats by natural persons other than operators, should be excluded from the scope of this Regulation.

Or. en

Amendment 2

Proposal for a regulation

Recital 15

Text proposed by the Commission

Amendment

(15) Once the threshold for breeding activities referred to in the previous recital is reached, any premises used for the purpose of breeding animals are subject to the rules for breeding establishments laid down in Chapter II of this Regulation, even if the breeding activities take place in households, as this is often the case for different kinds of commercial breeders. Households where dogs and cats are kept for purposes other than reproduction are not considered as breeding establishments and do not have to comply with Chapter II of this Regulation.

(15) Thresholds for detailed animal welfare rules should be set for breeding establishments, shelters and foster homes. Even if the breeding activities take place in households, as is often the case for different kinds of commercial breeders, all rules for animal welfare of this Regulation should apply once those thresholds are reached. Considering the exclusively commercial nature of selling establishments, it is not necessary to set thresholds. The requirements of this Regulation should apply to all selling establishments, regardless of the number of dogs or cats kept.

Or. en

Amendment 3

Proposal for a regulation

Recital 17

Text proposed by the Commission

Amendment

(17) Moreover, in the Union market different types of operators carrying out different types of activities supply dogs and cats. Aside from commercial breeders there are pet shops where dogs and cats, that are typically born and bred in other establishments, are kept for sale. The protection of these animals may be suboptimal, and there are no common welfare standards that need to be observed in these establishments. Given that pet shops are commercial operators that place on the market dogs and cats, it is therefore necessary to apply the requirements of this Regulation to these establishments.

(17) Moreover, in the Union market different types of operators carry out different types of activities with respect to the placing on the market of dogs and cats. Aside from commercial breeders there are selling establishments where dogs and cats, that are typically born and bred in other establishments, are kept or brought together for sale or collection. The protection of these animals may be suboptimal, and there are no common welfare standards that need to be observed in these establishments. Given that selling establishments are commercial operators that place on the market dogs and cats, it is therefore necessary to apply the requirements of this Regulation to these establishments.

Or. en

Amendment 4

Proposal for a regulation

Recital 17 a (new)

Text proposed by the Commission

Amendment

(17a) Pet shops cannot provide a suitable environment that ensures the welfare of dogs and cats the based on the concept of “five domains” (nutrition, physical environment, health, behavioural interactions and mental state). The lack of a suitable environment has an extremely negative effect on their mental state, particularly in terms of the distress caused by living in a restrained environment (display enclosures) where animals of different species are kept in restricted conditions that limit their socialisation and exercise. Therefore, the placing on the Union market of dogs and cats by pet shops should be prohibited.

Or. en

Amendment 5

Proposal for a regulation

Recital 18 a (new)

Text proposed by the Commission

Amendment

(18a) For the purpose of regulating overpopulation of stray and feral cats, local or regional authorities should be encouraged to adopt animal control programmes where cats are humanely trapped and taken to a veterinarian to be neutered and vaccinated. After recovery, the cats should be returned to their outdoor colony or their home, , or placed in an animal shelter for re-homing.

Or. en

Amendment 6

Proposal for a regulation

Recital 19 a (new)

Text proposed by the Commission

Amendment

(19a) Member States have observed the increasing use of foster homes by operators responsible for unwanted, abandoned, stray, lost or confiscated dogs or cats . Given that the number of dogs and cats kept in foster homes may impact the market of dogs and cats, foster homes should be covered by this Regulation. In such cases, the operators placing the dogs or cats in foster homes should be responsible for ensuring that the requirements of this Regulation are met in those foster homes. This could be achieved inter alia through a contractual relationship between the operator and the foster family.

Or. en

Amendment 7

Proposal for a regulation

Recital 23

Text proposed by the Commission

Amendment

(23) In order to ensure proper enforcement of this Regulation, it is essential that competent authorities are able to identify the establishments subject to their official controls. It is therefore necessary that operators keeping dogs and cats in establishments notify their activities to the competent authorities.

(23) In order to ensure proper enforcement of this Regulation, it is essential that competent authorities are able to identify the establishments subject to their official controls. It is therefore necessary that operators keeping dogs and cats in establishments notify their activities to the competent authorities and that the competent authorities keep an updated register of these establishments. In order to minimise the administrative burden for operators, competent authorities should be able, for that purpose, to use information or data collected in the register of dogs and cats establishments under Regulation (EU) 2016/429.

Or. en

Amendment 8

Proposal for a regulation

Recital 25

Text proposed by the Commission

Amendment

(25) Given the fact that animal welfare includes the health of animals, veterinarians are in the best position to provide advice to operators with a view to improving the animal welfare situation in establishments. Veterinarians should play an active role in raising awareness on the interrelationship between the health and welfare of those animals. Establishments keeping dogs and cats should therefore receive a regular animal welfare visit from a veterinarian.

(25) Given the fact that animal welfare includes the health of animals, veterinarians are in the best position to provide advice to operators with a view to improving the animal welfare situation in establishments. Establishments keeping a number of dogs and cats that exceeds a certain threshold should therefore receive an advisory animal welfare visit from a veterinarian within the first year of application of this Regulation or within the first year of the notification of a new establishment.

Or. en

Amendment 9

Proposal for a regulation

Recital 26

Text proposed by the Commission

Amendment

(26) Certain breeding strategies may lead to welfare problems for dogs and cats. By selecting certain genetic traits for aesthetic or other marketing reasons, undesirable traits from an animal welfare perspective may also be created and passed on to future generations. Therefore, operators should take measures to ensure that their breeding strategies do not lead to such negative consequences for the welfare of the dogs and cats.

(26) Certain breeding strategies may lead to welfare problems for dogs and cats. By selecting certain genetic traits for aesthetic or other marketing reasons, undesirable traits from an animal welfare perspective may also be created and passed on to future generations. Therefore, operators should take measures to ensure that their breeding strategies do not lead to such negative consequences for the welfare of the dogs and cats. In particular, breeding strategies motivated by marketing objectives can result in certain types of dogs and cats developing ‘excessive conformational traits’. Since such excessive conformational traits can lead to significant health problems for the dogs and cats concerned, breeders should exclude them from breeding programmes.

Or. en

Amendment 10

Proposal for a regulation

Recital 26 a (new)

Text proposed by the Commission

Amendment

(26a) Aesthetic shows, exhibitions and competitions of dogs or cats have an impact on the market opportunities and price for selling dogs and cats. Mutilations and certain breeding strategies that result in dogs or cats with excessive conformational traits can be advantageous for breeders competing in aesthetic shows, exhibitions and competitions of dogs or cats. Organising and participating in such events can be driven by factors other than animal welfare, such as aesthetic standards, with the aim of advertising certain breeds and physical characteristics. In order to ensure that breeders prioritise the welfare of the dogs and cats they produce and in particular that dogs and cats do not develop excessive conformational traits and breeders do not perform mutilations to attain unhealthy aesthetic standards, operators of breeding and selling establishments and the organisers of such shows, exhibitions and competitions should not use or include dogs or cats with excessive conformational traits or those which have been mutilated for these shows, exhibitions or competitions.

Or. en

Amendment 11

Proposal for a regulation

Recital 27

Text proposed by the Commission

Amendment

(27) Scientific evidence demonstrates that inbreeding has significant negative impacts on animal health and welfare. Therefore, inbreeding of dogs and cats including first-degree and second-degree matings should be prohibited, as this increases the incidence of inherited disorders and compromises immune system function, both of which adversely impact the health and welfare of dogs and cats.

(27) Scientific evidence demonstrates that inbreeding has significant negative impacts on animal health and welfare. Therefore, inbreeding of dogs and cats between parents and offspring, between siblings, between half siblings or between grandparents and grandchildren should be prohibited, as this increases the incidence of inherited disorders and compromises immune system function, both of which adversely impact the health and welfare of dogs and cats. Inbreeding should nevertheless be possible, when necessary to preserve local breeds with a limited genetic pool provided that it is authorised for that reason by the competent authority.

Or. en

Amendment 12

Proposal for a regulation

Recital 33

Text proposed by the Commission

Amendment

(33) To prevent pregnancy complications and compromising their welfare, bitches and queens should only be bred after reaching skeletal as well as sexual maturity. To allow them to physically recuperate from pregnancy and lactation, bitches and queens should only be readmitted to reproduction after a sufficient period of time. However, to prevent certain pathological reproductive conditions in bitches and queens, such as pyometra, up to three consecutive pregnancies should be allowed, followed by an adequate recuperation period. Reproduction should gradually cease in bitches and queens coming into older age.

(33) To prevent pregnancy complications and compromising their welfare, bitches and queens should not be bred before reaching appropriate maturity. To allow them to physically recuperate from pregnancy and lactation, bitches and queens should only be readmitted to reproduction after a sufficient period of time. However, to prevent certain pathological reproductive conditions in bitches and queens, such as pyometra, up to three pregnancies within a period of 2 years should be allowed, followed by an adequate recuperation period. Reproduction should cease in bitches and queens coming into older age and in bitches and queens that have had two cesarean sections, as it cannot be excluded that an additional pregnancy will have a negative effect on their welfare.

Or. en

Amendment 13

Proposal for a regulation

Recital 37

Text proposed by the Commission

Amendment

(37) The conditions in breeding establishments are particularly critical to ensure that dogs and cats are properly kept and treated before being placed on the market. It is therefore important that those establishments are approved by the competent authorities and are subject to onsite pre-inspection before their approval. It is also important that a list of those approved establishments is publicly available to allow potential buyers to verify the status of their suppliers. Since all establishments have an extended time for application of requirements on housing and health, it is necessary that the obligation of breeding establishments to obtain an approval should start to apply on the same date as the requirements for housing and health.

(37) Prior inspection by official veterinarians or other professionals, in case the official control task has been delegated, and consequent approval of establishments is an effective way to ensure that establishments comply with the requirements of this Regulation. However, given that inspections should be focused on establishments representing a higher risk from the point of view of animal welfare, and given the limited availability of official veterinarians in Member States, it is not proportionate to require prior on-site inspection and approval for all establishments. The conditions in breeding establishments are particularly critical to ensure that dogs and cats are properly bred, kept and treated before being placed on the market, in particular due to the consequences that poor animal welfare conditions at an early age can have for dogs and cats. It is therefore important that those establishments are approved by the competent authorities and are subject to onsite pre-inspection before their approval. It is also important that a list of those approved establishments is publicly available to allow potential buyers to verify the status of the breeding establishments and thus to strengthen public control and citizens' awareness.

Or. en

Amendment 14

Proposal for a regulation

Recital 43

Text proposed by the Commission

Amendment

(43) To ensure traceability of dogs and cats, animals should not only be marked with a unique identifier in the form of transponder, but their identification should also be registered in a database. Therefore, Member States that do not yet have national databases for dogs and cats should establish such databases so that identification can be reliable and verified. In addition, to ensure traceability within the Union, these national databases should be interoperable, allowing competent authorities and relevant stakeholders to verify the authenticity of the identification.

(43) To ensure traceability of dogs and cats, they should not only be individually identified with a unique identifier in the form of a transponder, but their identification should also be registered in a database. Therefore, Member States should be required to establish and maintain databases of dogs and cats placed on the Union market to ensure the traceability of these animals. It is also necessary to ensure the interoperability of these databases. This will make it easier for information on dogs and cats to be accessed across the Union, as well as enable competent authorities to carry out official checks to ensure compliance with animal welfare rules. In order to facilitate the interoperability between national databases, the Commission should establish an index database.

Or. en

Amendment 15

Proposal for a regulation

Recital 45

Text proposed by the Commission

Amendment

(45) Dogs and cats imported into the Union may have been bred or kept in third countries in conditions that are detrimental to their welfare. In addition, taking into account the particular concerns of Union citizens’ for the welfare of dogs and cats, as well as animal health and public health risks associated to poor welfare conditions in the establishment of origin specialised in dogs and cats breeding, it is important that dogs and cats imported from third countries comply with rules as regards their welfare that are equivalent to those laid down in this Regulation, and offer the same guarantees as regards their traceability. Given that this will require changes from third country operators involved in exports to the Union of dogs and cats, it is necessary to provide for a transitional period of the same duration as that applicable to Union operators.

(45) Dogs and cats imported into the Union may have been bred or kept in third countries in conditions that are detrimental to their welfare. This raises moral and public safety and health concerns in the Union. Union citizens consider that a high level of welfare for dogs and cats is a question of moral responsibility, as illustrated by the results of the 2023 Eurobarometer on animal welfare, as well as by the numerous letters, petitions and parliamentary questions received on this matter, the European Parliament resolution of 2020 on the illegal trade in companion animals, and the Union ban on the placing on the market and import of dog and cat fur and products containing such fur. Furthermore, problems concerning the life and health of animals are also welfare problems. For example exhaustion, cachexia, and susceptibility to infectious diseases can arise from a use of female dogs or cats for breeding that is too intensive and that, therefore, fails to respect their welfare needs. Lastly, poor welfare conditions can lead to public health risks, including zoonotic agents such as dermatophytosis or internal parasites, as well as an indirect enhanced risk of antimicrobial resistance development due to a need for high volumes of use of antimicrobials in the establishment of origin. Dogs and cats bred under poor welfare conditions can also represent a risk for public safety since they may develop aggressive behaviour. Given these public moral concerns, safety, animal health and public health risks, and in order to achieve the objectives of this Regulation, it is important that dogs and cats imported from third countries comply with rules as regards their welfare that are identical or equivalent to those laid down in this Regulation, and offer the same guarantees as regards their traceability. Given that this will require changes from third country operators involved in exports to the Union of dogs and cats, it is necessary to provide for a transitional period of the same duration as that applicable to Union operators.

Or. en

Amendment 16

Proposal for a regulation

Recital 46

Text proposed by the Commission

Amendment

(46) The provisions mentioned in the previous recital should be enforced through a listing of third countries approved to supply of dogs and cats to the Union based on a Commission assessment of the reliability of their official controls to enforce the animal welfare rules required under this Regulation, or equivalent rules, in establishments on their territory which supply or intend to supply dogs and cats to the Union. In addition, a list of establishments breeding and keeping dogs and cats in those third countries, and which are allowed to export those animals to the Union, should be established to ensure traceability and controls at Union Border Control Posts. The Commission should, following a risk-based approach, carry out audits of the reliability of official control system of third countries approved under this Regulation as well as those requesting to be approved under this Regulation.

(46) Enforcement of import rules should be ensured through a listing of third countries approved to place dogs and cats on the Union market based on a Commission assessment of the reliability of their official controls to enforce the animal welfare rules required under this Regulation, or recognised by the Union as equivalent rules, in establishments on their territory which export or intend to export dogs and cats to the Union market. In addition, a list of establishments breeding and keeping dogs and cats in those third countries, and which are allowed to export those animals to the Union, should be established to ensure traceability and controls at Union Border Control Posts. The Commission should, following a risk-based approach, carry out audits of the reliability of official control system of third countries approved under this Regulation as well as those requesting to be approved under this Regulation. Lastly, compliance with the relevant rules of this Regulation or with rules recognised by the Union as equivalent rules should be certified in the relevant health certificate used for such exports. For that purpose, the Commission should endeavour to amend the relevant model of official certificate, in order to include the related animal welfare attestation

Or. en

Amendment 17

Proposal for a regulation

Recital 46 a (new)

Text proposed by the Commission

Amendment

(46a) To enhance consumer protection and to ensure the proper traceability of imports of dogs and cats into the Union, it is appropriate to require that they be identified before their entry and that the importers ensure their registration in one of the Member States’ databases. This will result in greater control on the movements of those animals. Furthermore, the EU Coordinated Action on the illegal trade of cats and dogs carried out in 2022 and 2023 demonstrated that one of the common fraudulent practices with the trade in dogs and cats consists in importing into the Union dogs and cats intended for trade claiming that those movements are non-commercial movements as defined by Union animal health rules, namely movements of dogs and cats accompanying their owners or a person authorised by the owner without the intention to transfer ownership. In order to provide tools for Member States to perform risk-based checks targeting this fraudulent practice, it is essential that the entry of dogs and cats as non-commercial be pre-notified through a dedicated Union pet travellers’ database. This database should collect notifications for all such entries into the Union regardless of the point of entry, for Member States to have the necessary overview and detect suspicious movements. For that reason it is appropriate that the Commission establish and maintain that database so that Member States have access to all available information for their checks.

Or. en

Amendment 18

Proposal for a regulation

Recital 47

Text proposed by the Commission

Amendment

(47) Under Regulation (EU) 2016/429, a list of third countries authorised for the purpose of entry into the Union of dogs and cats is established for the purpose of managing the risk of introducing transmissible animal diseases into the Union. The list of third countries mentioned in the previous recital should therefore be limited to third countries authorised under Regulation (EU) 2016/429 and which provide appropriate guarantees of the capacity of their competent authority to control and ensure compliance of the establishments breeding and keeping dogs and cats for export to the Union with the animal welfare requirements set out in this Regulation.

deleted

Or. en

Amendment 19

Proposal for a regulation

Recital 48

Text proposed by the Commission

Amendment

(48) In order to take into account technical progress and scientific developments, and their social, economic and environmental impacts, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission for the purpose of amending Article 6 to this Regulation so that breeding strategies do not result in genotypes that have detrimental effects on the health or welfare of the dogs and cats.

(48) In order to take into account technical progress and scientific developments, and their social, economic and environmental impacts, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission for the purpose of supplementing this Regulation by laying down the animal-based indicators and amending this Regulation so that breeding strategies do not result in genotypes, phenotypes or excessive conformational traits that have detrimental effects on the welfare of the dogs and cats including, where necessary, amending the Annexes to this Regulation.

Or. en

Amendment 20

Proposal for a regulation

Recital 49

Text proposed by the Commission

Amendment

(49) In order to lay down minimum criteria to be assessed during animal welfare visits, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission for the purpose of supplementing Article 10 of this Regulation.

deleted

Or. en

Amendment 21

Proposal for a regulation

Recital 50

Text proposed by the Commission

Amendment

(50) In order to take account of technical progress and scientific developments, and their social, economic and environmental impacts, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission for the purpose of amending the Annexes to this Regulation as regards requirements for the breeding, keeping and identification of dogs and cats as well as indicators to monitor the policy objectives of this Regulation.

deleted

Or. en

Amendment 22

Proposal for a regulation

Recital 55

Text proposed by the Commission

Amendment

(55) It is essential that Union legislation is subject to regular monitoring and evaluation so it can be adjusted in order to achieve the expected impacts. Therefore, this Regulation should contain an obligation for the Commission to perform monitoring on the welfare of dogs and cats in the Union and to carry out an evaluation to be presented to other Union institutions.

(55) It is essential that Union legislation is subject to regular monitoring and evaluation so it can be adjusted in order to achieve the expected impacts. Therefore, this Regulation should contain an obligation for the Commission to perform monitoring on the welfare of dogs and cats in the Union and to carry out an evaluation to be presented to other Union institutions. The evaluation should in particular assess technological developments that have occurred concerning the means of identification of dogs or cats and the possibility of using alternative means which are less invasive than the implantation of a transponder. The evaluation should also guarantee the fraud-proof and robust character of the Union’s traceability system as well as the proportionality of the cost of identification for natural and legal persons subjected to the identification obligation under this Regulation.

Or. en

Amendment 23

Proposal for a regulation

Article 1 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

This Regulation lays down minimum requirements for:

This Regulation lays down:

Or. en

Amendment 24

Proposal for a regulation

Article 1 – paragraph 1 – point -a (new)

Text proposed by the Commission

Amendment

(-a) a prohibition on pet shops keeping dogs and cats and placing them on the Union market;

Or. en

Amendment 25

Proposal for a regulation

Article 1 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) the welfare of dogs and cats bred or kept in establishments or placed on the Union market;

(a) minimum requirements for the welfare of dogs and cats bred or kept in establishments or placed on the Union market;

Or. en

Amendment 26

Proposal for a regulation

Article 1 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) the traceability of dogs and cats placed on the Union market or supplied in the Union.

(b) minimum requirements for the traceability of dogs and cats placed on the Union market or supplied in the Union.

Or. en

Amendment 27

Proposal for a regulation

Article 2 – paragraph 1

Text proposed by the Commission

Amendment

1. This Regulation shall apply to the breeding, keeping and placing on the market of dogs and cats, as well as their supplying in the Union.

1. This Regulation shall apply to the breeding, keeping, placing on the market and entry into the Union of dogs and cats.

Or. en

Amendment 28

Proposal for a regulation

Article 2 – paragraph 2

Text proposed by the Commission

Amendment

2. This Regulation shall not apply to the breeding, keeping, placing on the market or supplying of dogs or cats intended for scientific purposes.

2. This Regulation shall not apply to the breeding, keeping or placing on the market of dogs or cats intended for scientific purposes or for clinical trials required for the marketing authorisation of veterinary medicinal products.

Or. en

Amendment 29

Proposal for a regulation

Article 3 – paragraph 1 – point 2 a (new)

Text proposed by the Commission

Amendment

2a. 'hybrid’ means any offspring in the first to the fourth generation after crossbreeding between a wild species and a domestic dog or cat, or between such hybrids and wild species, domestic dogs or cats, or other hybrids;

Or. en

Amendment 30

Proposal for a regulation

Article 3 – paragraph 1 – point 3 a (new)

Text proposed by the Commission

Amendment

3a. "Breeding" means the activity of keeping dogs or cats in breeding establishments for the purpose of reproduction;

Or. en

Amendment 31

Proposal for a regulation

Article 3 – paragraph 1 – point 3 b (new)

Text proposed by the Commission

Amendment

3b. "advertising" means any form of communication which has the direct or indirect effect of promoting a dog or cat in order to attract interest, engagement or sales, including the promotion of a breed or a physical characteristic;

Or. en

Amendment 32

Proposal for a regulation

Article 3 – paragraph 1 – point 4

Text proposed by the Commission

Amendment

4. ‘keeping’ means any activity during which an animal is detained or handled in an establishment;

4. ‘keeping’ means any activity during which dogs and cats are held, housed or handled in an establishment or under the responsibility of an operator;

Or. en

Amendment 33

Proposal for a regulation

Article 3 – paragraph 1 – point 5

Text proposed by the Commission

Amendment

5. ‘placing on the market’ means the keeping of dogs and cats for the purpose of sale, offering for sale, distribution or any other form of transfer of ownership or responsibility for the animal, that is against consideration or at least reimbursement of the costs incurred, including the advertising of animals for the above purposes;

5. placing on the market’ means the sale, offering for sale, distribution or any other form of transfer, of ownership or responsibility, on the market of dogs or cats, whether in return for payment or free of charge, as well as the advertising of dogs or cats for those purposes, other than occasional and irregular donations of small numbers of dogs and cats by natural persons;

Or. en

Amendment 34

Proposal for a regulation

Article 3 – paragraph 1 – point 6

Text proposed by the Commission

Amendment

6. ‘supplying’ means the transferring of ownership or responsibility for dogs or cats through any means or form, whether for a consideration or not, excluding occasional supplies by natural persons of dogs or cats by other means than via the intermediation of an online platform;

deleted

Or. en

Justification

"Supplying" should be either deleted or replaced by "placing on the market" throughout the text.

Amendment 35

Proposal for a regulation

Article 3 – paragraph 1 – point 7

Text proposed by the Commission

Amendment

7. ‘online platforms’ means an online platform, as defined in Article 3, point (i), of Regulation (EU) 2022/2065, intermediating the placing on the market or the sypplying of dogs and cats;

7. ‘online platforms’ means an online platform, as defined in Article 3, point (i), of Regulation (EU) 2022/2065, intermediating the placing on the market of dogs or cats;

Or. en

Amendment 36

Proposal for a regulation

Article 3 – paragraph 1 – point 8

Text proposed by the Commission

Amendment

8. ‘listing’ means the publication, on an online platform, of and advertisement fo the supply of a dog ;

deleted

Or. en

Amendment 37

Proposal for a regulation

Article 3 – paragraph 1 – point 11

Text proposed by the Commission

Amendment

11. ‘establishments’ means breeding establishments, animal shelters and pet shops;

11. ‘establishments’ means breeding establishments, selling establishments, shelters and foster homes;

Or. en

Amendment 38

Proposal for a regulation

Article 3 – paragraph 1 – point 13

Text proposed by the Commission

Amendment

13. ‘pet shops’ means any premises or structure where dogs and cats are kept for sale as pet animals, without having been born there;

13. ‘pet shops’ means a shop, situated in a residential area, where pets are displayed, often in containers, to the public for the purpose of marketing to final consumers.

Or. en

Amendment 39

Proposal for a regulation

Article 3 – paragraph 1 – point 13 a (new)

Text proposed by the Commission

Amendment

13 a. "selling establishments" means any premises or structure where dogs or cats are kept for sale without having been born there, other than a pet shop.

Or. en

Amendment 40

Proposal for a regulation

Article 3 – paragraph 1 – point 14

Text proposed by the Commission

Amendment

14. ‘animal shelters’ means any premises or structure, excluding households, operated by a natural or legal person, where unwanted, abandoned, formal stray, lost or confiscated dogs and cats are kept for the purpose of supply, whether for consideration or at no cost;

14. ‘shelters’ means any premises or structure, including households, where unwanted, abandoned, stray, lost or confiscated dogs or cats are kept for the purpose of placing on the market;

Or. en

Amendment 41

Proposal for a regulation

Article 3 – paragraph 1 – point 14 a (new)

Text proposed by the Commission

Amendment

14a. "foster home" means a household that keeps dogs or cats on behalf of an operator responsible for unwanted, abandoned, stray, lost or confiscated dogs and cats;

Or. en

Amendment 42

Proposal for a regulation

Article 3 – paragraph 1 – point 15

Text proposed by the Commission

Amendment

15. ‘operator’ means any natural or legal person, excluding those responsible for shelters, who breeds, keeps, trades or places on the market dogs and cats under his/her control, including for a limited period of time;

15. ‘operator’ means any natural or legal person that places dogs and cats on the market that is responsible for a breeding establishment, a selling establishment or a shelter or that is responsible for dogs or cats kept therein, or any natural or legal person that is responsible for unwanted, abandoned, stray, lost or confiscated dogs and cats and places them in foster homes;

Or. en

Amendment 43

Proposal for a regulation

Article 3 – paragraph 1 – point 16

Text proposed by the Commission

Amendment

16. ‘supplier’ means any natural or legal person supplying a dog or a cat, including natural or legal persons responsible for shelters;

deleted

Or. en

Amendment 44

Proposal for a regulation

Article 3 – paragraph 1 – point 19

Text proposed by the Commission

Amendment

19. ‘mutilation’ means an intervention, including a surgical intervention, carried out for reasons other than therapeutic or diagnostic purposes, which results in damage to or the loss of a sensitive part of the body or the alteration of bone structure;

19. ‘mutilation’ means an intervention, including a surgical intervention, carried out for reasons other than therapeutic or diagnostic purposes and other than neutering or implantation of a transponder, which results in damage to or the loss of a sensitive part of the body or the alteration of bone structure;

Or. en

Amendment 45

Proposal for a regulation

Article 3 – paragraph 1 – point 19 a (new)

Text proposed by the Commission

Amendment

19a. "Neutering" means the process whereby dogs or cats are surgically prevented from reproducing, including the surgical removal of gonads, namely the testicles in male cats and dogs and either the ovaries or the ovaries and the uterus in bitches and queens;

Or. en

Amendment 46

Proposal for a regulation

Article 3 – paragraph 1 – point 19 b (new)

Text proposed by the Commission

Amendment

19b. "Non-surgical sterilisation" means alternatives to surgical sterilisation or neutering that preserve the integrity of the body of dog or cat and do not result in the removal or permanent alteration of any part of the dog or cat body.

Or. en

Amendment 47

Proposal for a regulation

Article 3 – paragraph 1 – point 27

Text proposed by the Commission

Amendment

27. ‘container’ means any crate, box, receptacle or other rigid structure used to confine dogs and cats;

27. ‘container’ means any cage, crate, box, receptacle or movable structure used to confine dogs or cats;

Or. en

Amendment 48

Proposal for a regulation

Chapter I a (new)

Text proposed by the Commission

Amendment

CHAPTER Ia (new)

PROHIBITION APPLICABLE TO PET SHOPS

Article 3a (new)

Prohibition applicable to pet shops

The placing on the Union market of dogs and cats by pet shops shall be prohibited.

Or. en

Amendment 49

Proposal for a regulation

Article 4 – paragraph 1

Text proposed by the Commission

Amendment

This chapter shall not apply to:

1. A breeding establishment where at most two litters per calendar year are produced for placing on the market shall only be subject to the obligations laid down in Article 5, Article 6(1), (1a) and (1b), Article 6a, Article 7, Article 8, Article 11(2), (3) and (4), Article 12(3), (4) and (7), Article 13(2), points (b), (ba) and (d), Article 14(2), (3), (4) and (6), Article 15 and Article 15a(1).

– breeding establishments keeping up to three bitches or queens and producing in total two litters or less per establishment and calendar year;

– pet shops keeping at any given time three dogs or less or six cats or less;

– shelters keeping at any given time ten dogs or less or twenty cats or less.

Or. en

Amendment 50

Proposal for a regulation

Article 4 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

2. A shelter, where a total of up to 15 dogs or cats are kept at any given time, or any foster home, shall only be subject to the obligations laid down in Article 5, Article 6(1), (1a) and (1b), Article 7, Article 8(1), Article 11(2), (3) and (4), Article 12(3), (4) and (7), Article 13(2), points (b), (ba) and (d), Article 14(2), (3), (4) and (6), and Article 15.

Or. en

Amendment 51

Proposal for a regulation

Article 5 – title

Text proposed by the Commission

Amendment

General principles of welfare

General welfare principles

Or. en

Amendment 52

Proposal for a regulation

Article 5 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

Operators and natural or legal persons responsible for shelters shall apply the following principles with respect to dogs and cats bred or kept in their establishment:

Operators shall apply the following welfare principles with respect to dogs or cats bred or kept in their establishment:

Or. en

Amendment 53

Proposal for a regulation

Article 5 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) dogs and cats are kept in a good physical environment which is comfortable, especially in terms of space, temperature, and ease of movement.

(b) dogs and cats are kept in a good physical environment which is comfortable, especially in terms of space, temperature, light, protection against adverse climatic conditions and ease of movement.

Or. en

Amendment 54

Proposal for a regulation

Article 6 – title

Text proposed by the Commission

Amendment

General welfare requirements for dogs and cats

General welfare obligations

Or. en

Amendment 55

Proposal for a regulation

Article 6 – paragraph 1

Text proposed by the Commission

Amendment

1. Operators and natural or legal persons responsible for shelters shall be responsible for the welfare of dogs and cats kept under their control and for minimising any risks to their welfare.

1. Operators shall be responsible for the welfare of dogs or cats kept in their establishments and under their control and for minimising any risks to their welfare.

Or. en

Amendment 56

Proposal for a regulation

Article 6 – paragraph 1 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

In the case of foster homes, the responsibility shall lie with the operator on whose behalf dogs or cats are kept.

Or. en

Amendment 57

Proposal for a regulation

Article 6 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. Operators shall not subject any dog or cat to cruelty, abuse or mistreatment, nor shall they breed, train or medicate them to participate in activities resulting in cruelty, abuse or mistreatment to themselves or to other dogs and cats, including dog fighting.

Or. en

Amendment 58

Proposal for a regulation

Article 6 – paragraph 1 b (new)

Text proposed by the Commission

Amendment

1b. Operators shall not abandon dogs or cats.

Or. en

Amendment 59

Proposal for a regulation

Article 6 – paragraph 2

Text proposed by the Commission

Amendment

2. Operators and natural or legal persons responsible for shelters shall ensure that dogs and cats are handled by a suitable number of animal caretakers who have the skills and competences required under Article 9.

2. Operators shall ensure that dogs and cats are handled by a suitable number of animal caretakers to meet the welfare needs of dogs or cats kept in their establishments.

Or. en

Amendment 60

Proposal for a regulation

Article 6 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2a. Operators shall ensure the welfare of the dogs and cats kept in their establishment by monitoring animal-based indicators referred to in paragraph 2b, and by taking appropriate action based on the results of that monitoring

Or. en

Amendment 61

Proposal for a regulation

Article 6 – paragraph 2 b (new)

Text proposed by the Commission

Amendment

2b. The Commission is empowered to adopt delegated acts in accordance with Article 23 supplementing this Regulation by laying animal-based indicators.

Or. en

Amendment 62

Proposal for a regulation

Article 6 – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

Operators of breeding establishments shall ensure that breeding strategies do not result in genotypes and phenotypes that have detrimental effects on the welfare of the dogs and cats, or of their descendants.

deleted

Or. en

Amendment 63

Proposal for a regulation

Article 6 – paragraph 3 – subparagraph 2

Text proposed by the Commission

Amendment

In the management of the reproduction of dogs and cats by operators, the mating between parents and offspring, or between grandparents and grandchildren, shall be prohibited.

deleted

Or. en

Amendment 64

Proposal for a regulation

Article 6 – paragraph 4

Text proposed by the Commission

Amendment

4. The Commission is empowered to adopt delegated acts in accordance with Article 23 amending this article as regards the specific criteria that operators shall fulfil when designing breeding strategies to meet the requirements of paragraph 3, taking into account scientific opinions of the European Food Safety Authority as well as social, economic and environmental impacts.

deleted

Or. en

Amendment 65

Proposal for a regulation

Article 6 a (new)

Text proposed by the Commission

Amendment

Article 6a

Breeding strategies obligations

1. Operators of breeding establishments shall ensure that their breeding strategies minimise the risk of producing dogs or cats with genotypes or phenotypes associated with detrimental effects on their welfare.

2. Operators of breeding establishments shall not use for reproduction dogs or cats that have excessive conformational traits leading to a high risk of detrimental effects on the welfare of these dogs or cats, or of their offspring.

3. The Commission is empowered to adopt delegated acts in accordance with Article 23 supplementing this Regulation by laying down the characteristics of the genotypes and phenotypes referred to in paragraph 1 of this Article, and the excessive conformational traits referred to in paragraph 2 of this Article, which shall be excluded from reproduction, taking into account scientific opinions of the European Food Safety Authority as well as social and economic impacts. The delegated acts concerning the excessive conformational traits shall be adopted by 1 July 2030.

4. Unless approved by the competent authority based on a specific need to preserve local breeds with a limited genetic pool, the following shall be prohibited in the management of the reproduction of dogs and cats:

(a) the breeding between parents and offspring, between siblings, between halfsiblings or between grandparents and grandchildren; and

(b) the breeding to produce hybrids.

Or. en

Amendment 66

Proposal for a regulation

Article 7 – title

Text proposed by the Commission

Amendment

Obligation to notify the breeding or keeping of dogs and cats in establishments

Notification and registration of establishments

Or. en

Amendment 67

Proposal for a regulation

Article 7 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

Operators and natural or legal persons responsible for shelters shall notify to the competent authorities of their activity, providing the following information:

Operators shall notify the competent authorities of their activity, providing at least the following information:

Or. en

Amendment 68

Proposal for a regulation

Article 7 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) the type of establishment: breeding establishment, pet shop or shelter;

(c) the type of establishment: breeding establishment, selling establishment, shelter or foster home;

Or. en

Amendment 69

Proposal for a regulation

Article 7 – paragraph 1 – point e

Text proposed by the Commission

Amendment

(e) the maximum number of animals which can be kept in the establishment;

(e) the capacity of the establishment expressed as the maximum number of dogs and cats which can be kept in the establishment;

Or. en

Amendment 70

Proposal for a regulation

Article 7 – paragraph 1 – point e a (new)

Text proposed by the Commission

Amendment

(ea) for breeding establishments, the estimated number of litters to be placed on the market per year.

Or. en

Amendment 71

Proposal for a regulation

Article 7 – paragraph 1 a, 1b and 1c (new)

Text proposed by the Commission

Amendment

1a. Operators shall notify the competent authority of:

(a) any changes concerning the information referred to in paragraph 1;

(b) any cessation of activity

1b. Member States may use the information provided for in accordance with Article 84 of Regulation (EU) 2016/429. In such a case the operators are exempt from the obligation provided for in paragraph 1 of this Article.

1c. The competent authority shall maintain a register of establishments and may use for this purpose the register provided for in point (a) of Article 101(1) of Regulation (EU) 2016/429.

Or. en

Amendment 72

Proposal for a regulation

Article 7 a (new)

Text proposed by the Commission

Amendment

Article 7a

Approval of breeding establishments

1. Operators of breeding establishments that either produce or intend to produce more than five litters per calendar year or that keep more than five bitches or queens at any given time shall only place dogs or cats on the market after approval of their establishment by the competent authority.

2. The competent authority shall perform on-site inspections to verify that the establishment meets the requirements of this Regulation. Member States may allow such inspections to be carried out remotely provided that the means of distance communication used provide sufficient evidence for the competent authority to perform reliable inspections. The competent authority shall only grant a certificate of approval to a breeding establishment that meets the requirements of this Regulation.

3. The competent authorities shall maintain a list of the approved breeding establishments and make it publicly available

Or. en

Amendment 73

Proposal for a regulation

Article 8 – paragraph 1

Text proposed by the Commission

Amendment

1. When operators and natural or legal persons responsible for shelters place on the market or supply dogs or cats for purposes of keeping them as pet animals, they shall provide to the acquirer of pet the information necessary to enable him or her to ensure the welfare of the animal, including information on responsible ownership.

1. Operators shall provide to the acquirer of a dog or a cat written information to enable him or her to ensure the welfare of the dog or cat, including information on responsible ownership and on the specific needs of the dog or cat in terms of feeding, caring, health, housing and behavioural needs, as well as information on its health, including vaccination status.

Or. en

Amendment 74

Proposal for a regulation

Article 8 – paragraph 2

Text proposed by the Commission

Amendment

2. When the supplying of dogs and cats is advertised via online means, the listing shall display, in clearly visible and bold characters, the following warning:

2. When operators advertise the placing on the market of dogs and cats, at least the following warning shall be displayed, in clearly visible and bold characters:

“An animal is not a toy. Buying or adopting an animal is a life-changing decision. As an animal owner, you are obliged to ensure that all the needs for its health and well-being are met at all times.”

“An animal is not a toy. Buying or adopting an animal is a life-changing decision. As an animal owner, you are obliged to ensure that all the needs for its health and well-being are met at all times.”

Or. en

Amendment 75

Proposal for a regulation

Article 8 – paragraph 2 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

If advertising via online platforms, the providers of online platforms shall ensure that their online interface is designed and organised in such a way to facilitate the displaying of the warning by the operators.

Or. en

Amendment 76

Proposal for a regulation

Article 8 – paragraph 2 – subparagraph 1 b (new)

Text proposed by the Commission

Amendment

Nothing in this paragraph shall be construed as imposing a general monitoring obligation on the provider of the online platform within the meaning of Article 8 of Regulation (EU) 2022/2065.

Or. en

Amendment 77

Proposal for a regulation

Article 10 – title

Text proposed by the Commission

Amendment

Animal welfare visits

Advisory welfare visits

Or. en

Amendment 78

Proposal for a regulation

Article 10 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. Operators and natural or legal persons responsible for shelters shall:

1. Operators shall:

Or. en

Amendment 79

Proposal for a regulation

Article 10 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) ensure that the establishments under their responsibility receive, at least once a year, a visit by a veterinarian, for the purpose of advising the operator or the natural or legal person responsible for the shelter on measures to address any risk factor for animal welfare;

(a) ensure that the establishments under their responsibility receive a visit by a veterinarian by ... [one year after the date of application of this Regulation] or within the first year of the notification of a new establishment, for the purpose of identifying and assessing any risk factor for the welfare of the dogs or cats and advising the operator on measures to address any risk factor for animal welfare; thereafter the visits from a veterinarian shall take place when appropriate, based on a risk analysis by the competent authorities;

Or. en

Amendment 80

Proposal for a regulation

Article 10 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) record the findings of the visit of the veterinarian referred to in point (a) and their follow up actions and keep those records for at least 6 years, making them available to the competent authorities upon request.

(b) keep the records of the findings of the visit of the veterinarian referred to in point (a) and of their follow up actions for at least 5 years, from the day of the visit, and shall make them available to the competent authorities upon request.

Or. en

Amendment 81

Proposal for a regulation

Article 10 – paragraph 2

Text proposed by the Commission

Amendment

2. The Commission is empowered to adopt delegated acts in accordance with Article 23 supplementing this Article to lay down minimum criteria to be assessed during animal welfare visits.

2. The Commission shall adopt implementing acts to lay down minimum criteria to identify and assess the risk factors by the veterinarian during the advisory welfare visits. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 24.

Or. en

Amendment 82

Proposal for a regulation

Article 11 – paragraph 1

Text proposed by the Commission

Amendment

1. Operators and natural or legal persons responsible for shelters shall ensure that dogs and cats are fed in accordance with the requirements laid down in point 1 of Annex I and may, based on the written advice of a veterinarian or an animal nutrition expert, adjust the feeding frequencies provided for in point 1 of Annex I.

1. Operators shall ensure that dogs and cats are fed in accordance with the requirements laid down in point 1 of Annex I.

Or. en

Amendment 83

Proposal for a regulation

Article 11 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3a. Where advised in writing by a veterinarian to do so, the operators may adjust the feeding and watering requirements. The operators shall keep a record of the advice for its entire duration as advised by the veterinarian.

Or. en

Amendment 84

Proposal for a regulation

Article 12 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2. Operators and natural or legal persons responsible for shelters shall ensure that:

2. Operators shall ensure that:

Or. en

Amendment 85

Proposal for a regulation

Article 12 – paragraph 2 – point c

Text proposed by the Commission

Amendment

(c) where animals are kept in breeding establishments or pet shops, air circulation, dust levels, temperature, relative air humidity and gas concentrations are kept within limits which are not harmful to dogs and cats and that ventilation is sufficient to avoid overheating and, where necessary, in combination with heating systems, to remove excessive moisture;

(c) in breeding establishments, where dogs and cats are kept indoors, dust levels, temperature, relative air humidity and gas concentrations are not harmful to dogs or cats and that ventilation is sufficient to avoid overheating and, where necessary, in combination with heating systems, to remove excessive moisture;

Or. en

Amendment 86

Proposal for a regulation

Article 12 – paragraph 3 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

Operators shall not keep dogs or cats in containers.

Or. en

Amendment 87

Proposal for a regulation

Article 12 – paragraph 3 – subparagraph 2

Text proposed by the Commission

Amendment

Containers may only be used for the transport and temporary isolation of individual dogs and cats provided that stress due to extreme temperatures is avoided.

By way of derogation from the second subparagraph, containers may be used for the transport, short-term isolation of individual dogs or cats, and during the participation in shows, exhibitions and competitions, provided that stress is minimised and suffering is avoided, and the dogs and cats are able to stand and lie down in a natural position.

Or. en

Amendment 88

Proposal for a regulation

Article 12 – paragraph 7

Text proposed by the Commission

Amendment

7. Operators shall ensure that dogs and cats have access to natural light at all times. Where needed, due to the climatic conditions and geographic position of a Member State, operators shall provide artificial lighting.

7. Operators shall ensure that dogs or cats are exposed to light and are able to stay in the dark for sufficient and uninterrupted periods in order to maintain a normal circadian rhythm.

For the purposes of the first subparagraph, ‘light’ means natural light, complemented, where needed, due to the climatic conditions and geographic position of a Member State by artificial light.

Or. en

Amendment 89

Proposal for a regulation

Article 12 – paragraph 8

Text proposed by the Commission

Amendment

8. This Article applies from [5 years from the date of entry into force of this Regulation].

deleted

Or. en

Amendment 90

Proposal for a regulation

Article 13 – paragraph 1

Text proposed by the Commission

Amendment

1. Operators shall ensure that measures are taken to safeguard the health of dogs and cats in accordance with point 3 of Annex 1.

deleted

Or. en

Amendment 91

Proposal for a regulation

Article 13 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2. Operators and natural or legal persons responsible for shelters shall ensure that:

2. Operators shall ensure that:

Or. en

Amendment 92

Proposal for a regulation

Article 13 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a) dogs and cats under their responsibility are inspected by animal caretakers at least once a day;

(a) dogs or cats under their responsibility are inspected by animal caretakers at least once a day and vulnerable dogs and cats, such as newborns, ill or injured dogs and cats, and peri-partum bitches and queens, are inspected more frequently;

Or. en

Amendment 93

Proposal for a regulation

Article 13 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b) dogs or cats with signs of disease, sickness, injury or otherwise compromised welfare are transferred, where required, without undue delay to a separate area, are treated by a veterinarian, where appropriate, and kept there until they are fully recovered, or alternatively euthanised without undue delay;

(b) dogs or cats with signs of disease, sickness, injury or otherwise compromised welfare are transferred, where required, without undue delay to a separate area, are treated by a veterinarian, where appropriate, and kept there until they are fully recovered;

Or. en

Amendment 94

Proposal for a regulation

Article 13 – paragraph 2 – point c

Text proposed by the Commission

Amendment

(c) the euthanasia of a dog or a cat is only performed by a veterinarian.

(c) where, in cases referred to in point (b), recovery is not achievable and the dogs or cats experience severe pain or suffering that cannot be alleviated, they may be euthanised by a veterinarian with the prior consent of the operator;

Or. en

Amendment 95

Proposal for a regulation

Article 13 – paragraph 3 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

Operators shall ensure that:

Operators of breeding establishments shall ensure that:

Or. en

Amendment 96

Proposal for a regulation

Article 13 – paragraph 3 – subparagraph 1 – point -a (new)

Text proposed by the Commission

Amendment

(-a) measures are taken to safeguard the health of dogs or cats in accordance with point 3 of Annex I;

Or. en

Amendment 97

Proposal for a regulation

Article 13 – paragraph 3 – subparagraph 1 – point a

Text proposed by the Commission

Amendment

(a) bitches and queens are only bred if they have a minimum age in accordance with Annex I points 3.1 and 3.2, their skeletal growth is completed, and they are free from disease or physical conditions which could negatively impact their pregnancy and welfare;

(a) bitches or queens are only bred if they have a minimum age in accordance with point 3 of Annex I, their skeletal growth is completed, and they have no diagnosed disease, clinical sign of diseases or physical conditions which could negatively impact their pregnancy and welfare;

Or. en

Amendment 98

Proposal for a regulation

Article 13 – paragraph 3 – subparagraph 1 – point b

Text proposed by the Commission

Amendment

(b) litter-giving pregnancies of bitches and queens follows a maximum frequency;

(b) litter-giving pregnancies of bitches or queens follows a maximum frequency in accordance with point 3 of Annex I;

Or. en

Amendment 99

Proposal for a regulation

Article 13 – paragraph 3 – subparagraph 1 – point c a (new)

Text proposed by the Commission

Amendment

(ca) artificial insemination of bitches or queens is performed only by a veterinarian and only in exceptional circumstances only.

Or. en

Amendment 100

Proposal for a regulation

Article 13 – paragraph 3 – subparagraph 1 – point d

Text proposed by the Commission

Amendment

(d) any bitch aged 8 years or more and any queen aged 6 years or more shall, before being used for breeding, undergo a physical examination by a veterinarian, to confirm in writing that her pregnancy will not pose any risk to her welfare, including her health.

deleted

Or. en

Amendment 101

Proposal for a regulation

Article 13 – paragraph 3 – subparagraph 1 – point e

Text proposed by the Commission

Amendment

(e) adult female dogs and cats which are no longer used for reproduction, including as a result of the provisions of this Regulation, are not killed or abandoned. Operators shall continue to ensure the welfare of those animals in accordance with Regulation.

(e) dogs and cats which are no longer used for reproduction, including as a result of the provisions of this Regulation, are either kept or sold, donated or rehomed, not killed or abandoned.

Or. en

Amendment 102

Proposal for a regulation

Article 13 – paragraph 3 – subparagraph 2

Text proposed by the Commission

Amendment

The operator shall keep the written confirmation referred to in point (d) for a period of at least 3 years after the death of the bitch or the queen.

deleted

Or. en

Amendment 103

Proposal for a regulation

Article 13 – paragraph 4

Text proposed by the Commission

Amendment

4. This Article shall apply from [5 years from the date of entry into force of this Regulation].

deleted

Or. en

Amendment 104

Proposal for a regulation

Article 14 – paragraph 1

Text proposed by the Commission

Amendment

1. Operators and natural or legal persons responsible for shelters shall ensure that measures are taken to meet the behavioural needs of cats and dogs in accordance with point 4 of Annex I.

1. Operators shall ensure that measures are taken to meet the behavioural needs of dogs or cats in accordance with point 4 of Annex I.

Or. en

Amendment 105

Proposal for a regulation

Article 14 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2. Keeping dogs and cats in areas restraining their natural movements shall be prohibited, except for performing the following procedures or treatments:

2. Keeping dogs and cats in areas restraining their natural movements shall be prohibited, except in case of Article 12(3), second sub-paragraph, and for performing the following procedures or treatments:

Or. en

Amendment 106

Proposal for a regulation

Article 14 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a) physical examinations, including identification of the animals;

(a) physical examinations;

Or. en

Amendment 107

Proposal for a regulation

Article 14 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b) marking animals for identification purposes;

(b) individual identification of dogs and cats and reading the identification information;

Or. en

Amendment 108

Proposal for a regulation

Article 14 – paragraph 5 a (new)

Text proposed by the Commission

Amendment

5a. Operators shall ensure that enrichment is provided and accessible to all dogs or cats, creating a stimulating environment, enabling species-specific behaviour and reducing their frustration.

Or. en

Amendment 109

Proposal for a regulation

Article 15 – paragraph 1

Text proposed by the Commission

Amendment

1. Mutilations, including ear cropping, tail docking, partial or complete digit amputation, and resection of vocal cords or folds, shall be prohibited unless they are performed due to a medical indication with the sole purpose of improving the health of dogs and cats. In such case, the procedure shall only be performed by a veterinarian under anaesthesia and prolonged analgesia.

1. Mutilations, including ear cropping, tail docking, claw removal or other partial or complete digit amputation, and resection of vocal cords or folds, shall be prohibited unless they are performed due to a medical indication with the sole purpose of improving or preserving the health of dogs or cats. In such case, the procedure shall only be performed by a veterinarian under anaesthesia and prolonged analgesia.

Or. en

Amendment 110

Proposal for a regulation

Article 15 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. The medical indication for the mutilation and details of procedure carried out shall be documented by a veterinarian. This document shall be retained by the operator until the dog or cat, along with this document, are transferred to another establishment or owner. The operator of the establishment responsible for the dog or cat when the mutilation was performed by the veterinarian shall retain a copy of the document for three years.

By way of derogation, Member States may allow ear cropping by notching or tipping cat ears in the context of marking stray cats when neutered under trap-neuter programmes.

Or. en

Amendment 111

Proposal for a regulation

Article 15 – paragraph 2

Text proposed by the Commission

Amendment

2. Male and female neutering shall be permitted only if performed by a veterinarian under anaesthesia and prolonged analgesia.

2. Operators shall ensure that neutering, when justified, may be permitted by a veterinarian and performed under anaesthesia and prolonged analgesia.

Or. en

Amendment 112

Proposal for a regulation

Article 15 – paragraph 2 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

Veterinarians may consider non-surgical sterilisation to neutering, whenever appropriate.

Or. en

Amendment 113

Proposal for a regulation

Article 15 – paragraph 3 – introductory part

Text proposed by the Commission

Amendment

3. The following handling practices shall be prohibited:

3. Handling practices that cause pain or suffering shall be prohibited, including:

Or. en

Amendment 114

Proposal for a regulation

Article 15 – paragraph 3 – point a

Text proposed by the Commission

Amendment

(a) tying up body parts continuously;

(a) tying up body parts;

Or. en

Amendment 115

Proposal for a regulation

Article 15 – paragraph 3 – point d

Text proposed by the Commission

Amendment

(d) prolonged use of muzzles, unless required for health or welfare reasons, in which case the duration shall be limited to the minimum period necessary.

(d) using of muzzles;

Or. en

Amendment 116

Proposal for a regulation

Article 15 – paragraph 3 – point e

Text proposed by the Commission

Amendment

(e) lifting dogs or cats by the limbs, the head, the tail and the hair.

(e) lifting dogs or cats by the limbs, the head, the tail, ears or the hair.

Or. en

Amendment 117

Proposal for a regulation

Article 15 – paragraph 3 – point e a (new)

Text proposed by the Commission

Amendment

(ea) using prong collars;

Or. en

Amendment 118

Proposal for a regulation

Article 15 – paragraph 3 – point e b (new)

Text proposed by the Commission

Amendment

(eb) using choke collars without safety top;

Or. en

Amendment 119

Proposal for a regulation

Article 15 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

(3a) By way of derogation from paragraph 3:

(a) the practices referred to in points (a), (c) and (d) of paragraph 3 may be performed for medical reasons in the interest of the dog or cat’s welfare ;

(b) the practice referred to in point (d) of paragraph 3 may be performed for the reason to secure the welfare of dogs or cats when necessary, for public health, security or animal safety reasons in which cases the duration shall be limited to the minimum time necessary and the dog or cat shall be supervised.

Or. en

Amendment 120

Proposal for a regulation

Article 15 a (new)

Text proposed by the Commission

Amendment

Article15a

Aesthetic shows, exhibitions and competitions

1. Operators of breeding or selling establishments shall not use in aesthetic shows, exhibitions and competitions of dogs and cats, dogs or cats with excessive conformational traits or dogs or cats which have been mutilated in such a way that results in an alteration of physical characteristics.

2. Organisers of aesthetic shows, exhibitions and competitions of dogs and cats shall exclude from such shows, exhibitions and competitions dogs and cats which have excessive conformational traits or dogs or cats which have been mutilated in such a way that results in an alteration of physical characteristics.

3. The Commission shall provide for appropriate transitional measures when adopting the delegated acts referred to in paragraph 3 of Article 6a

Or. en

Amendment 121

Proposal for a regulation

Article 16

Text proposed by the Commission

Amendment

Article 16

deleted

Approval of breeding establishments

1. From [5 years from the date of entry into force of this Regulation], operators shall obtain approval of their breeding establishment from the competent authority before selling dogs and cats born in their establishment.

2. The competent authority shall grant a certificate of approval for a breeding establishment, provided that, prior on-site inspection has confirmed that the establishment meets the requirements of this Regulation.

3. The competent authorities shall maintain a list of the approved breeding establishments and make it publicly available.

Or. en

Amendment 122

Proposal for a regulation

Article 17 – paragraph 1

Text proposed by the Commission

Amendment

1. From [3 years from the date of entry into force], all dogs and cats kept in establishments for supply in the Union, including adult dogs and cats kept in breeding establishments, dogs and cats kept in shelters, and dogs and cats supplied by natural persons, shall be marked for identification by means of a subcutaneous transponder containing a microchip, in accordance with Annex II. Operators of establishments shall ensure that dogs and cats born in their establishments are marked for identification by the date of their supply in the Union or at the latest within 3 months after the birth of the animal. The implantation of the transponder shall be performed by a veterinarian or under the responsibility of a veterinarian.

1. All dogs and cats kept in establishments, and all dogs and cats placed on the market shall be individually identified by means of a subcutaneous transponder containing a microchip, in accordance with Annex II. The implantation of the transponder shall be performed by a veterinarian or under the responsibility of a veterinarian. Where a veterinarian considers that the implantation of a microchip could significantly compromise the dog’s or cat’s health, he/she may delay the microchip implantation temporarily until the animal’s health concerns can be suitably addressed. In case a dog or a cat is experiencing significant adverse reactions after the implantation of the microchip, the veterinary shall take all the necessary actions to ensure the dog’s or cat’s health, including removal of the microchip.

Or. en

Amendment 123

Proposal for a regulation

Article 17 – paragraph 1 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

Operators of establishments shall ensure that dogs and cats born in their establishments are individually identified within 3 months after their birth and in any event before the date of their placing on the market.

Or. en

Amendment 124

Proposal for a regulation

Article 17 – paragraph 1 – subparagraph 1 b (new)

Text proposed by the Commission

Amendment

Operators of selling establishments, shelters, and those responsible for unwanted, abandoned, stray, lost or confiscated dogs and cats that enter their establishments or come under their responsibility are individually identified within 30 days after their arrival at the establishment and in any event before the date of their placing on the market.

Or. en

Amendment 125

Proposal for a regulation

Article 17 – paragraph 1 – subparagraph 1 c (new)

Text proposed by the Commission

Amendment

Natural or legal persons, other than operators, placing dogs or cats on the market shall ensure that they are individually identified before the date or their placing on the market.

Or. en

Amendment 126

Proposal for a regulation

Article 17 – paragraph 1 – subparagraph 1 d (new)

Text proposed by the Commission

Amendment

Dogs and cats which have been individually identified by means of an injectable transponder containing a microchip, in accordance with Union or national law before [the date of application of this Regulation], shall be considered compliant with the requirements in this paragraph, provided that the microchip is readable.

Or. en

Amendment 127

Proposal for a regulation

Article 17 – paragraph 2

Text proposed by the Commission

Amendment

2. From [3 years from the date of entry into force], dogs and cats identified in accordance with paragraph 1 shall be registered by the veterinarian, or an assistant under the responsibility of the veterinarian, in a national database referred to in Article 19. For dogs and cats kept in breeding establishments, the registration shall be made in the name of the owner of the breeding establishment responsible for the dog or the cat. For dogs and cats kept in shelters , the registration shall be made in the name of the person responsible of the shelter. For natural persons intending to supply a dog or a cat in the Union, the registration shall be made in the name of that person. Any subsequent owner of, or responsible for, the dog or the cat, shall ensure that the change of ownership or responsibility is recorded in the database referred to in Article 19.

2. Within two working days after their identification, in accordance with paragraph 1, the dogs and cats shall be registered by the veterinarian in a national database referred to in Article 19. Member States may allow the registration by other persons than veterinarians, provided that they have measures in place to ensure the accuracy of information inserted in the database. For dogs and cats kept in establishments, the registration shall be made in the name of the operator of the establishment responsible for the dog or the cat. For natural persons placing a dog or cat on the market the registration shall be made in the name of that person.

In case of transfer of ownership or responsibility, the natural or legal person placing the dog or cat on the market shall ensure that any change of ownership or responsibility is recorded in the database referred to in Article 19, within two weeks from the date of change of ownership or responsibility, in accordance with the conditions laid down by the Member State responsible.

Or. en

Amendment 128

Proposal for a regulation

Article 17 – paragraph 2 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

In the case of a death of a dog or a cat kept in an establishment, the operator shall ensure that the death is recorded in the database referred to in Article 19, in accordance with the conditions laid down by the Member State responsible for that database.

Or. en

Amendment 129

Proposal for a regulation

Article 17 – paragraph 3 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

From [3 years from the date of entry into force], before supplying a dog or a cat in the Union, the supplier shall provide to the acquirer of the animal:

Before placing a dog or a cat on the market, the operators or natural or legal persons placing the dog or cat on the market shall provide to the acquirer:

Or. en

Amendment 130

Proposal for a regulation

Article 17 – paragraph 3 – subparagraph 1 – point a

Text proposed by the Commission

Amendment

(a) proof of the identification and registration of the animal in compliance with paragraphs 1 and 2;

(a) proof of the identification and registration of the dog or cat in compliance with paragraphs 1 and 2, and a weblink to the system referred to in paragraph 6;

Or. en

Amendment 131

Proposal for a regulation

Article 17 – paragraph 3 – subparagraph 2

Text proposed by the Commission

Amendment

Acquirers shall be able to verify the authenticity of the identification and registration of animals supplied through the system referred to in paragraph 7.

Acquirers shall be able to verify the authenticity of the identification and registration of dogs and cats through the system referred to in paragraph 6.

Or. en

Amendment 132

Proposal for a regulation

Article 17 – paragraph 4 – subparagraph 1

Text proposed by the Commission

Amendment

From [5 years from the date of entry into force], providers of online platforms shall ensure that their online interface is designed and organised in such a way that allows the suppliers of dogs and cats to comply with their obligations under paragraph 3, in line with Article 31 of Regulation (EU) 2022/2065, and shall inform acquirers, in a visible manner, of the possibility to verify the identification and registration of the animal through a weblink to the system referred to in paragraph 6.

Providers of online platforms shall ensure that their online interface is designed and organised in such a way that facilitates the operators or other natural or legal persons placing dogs or cats on the market to comply with their obligations under paragraph 3, in line with Article 31 of Regulation (EU) 2022/2065, and shall inform acquirers, in a visible manner, of the possibility to verify the identification and registration of the dog or cat through a weblink to the system referred to in paragraph 6.

Or. en

Amendment 133

Proposal for a regulation

Article 17 – paragraph 4 – subparagraph 2

Text proposed by the Commission

Amendment

The supplier of dogs and cats shall be the sole responsible for the accuracy of the information provided through the interface of the online platform. Nothing in this paragraph shall be construed as imposing a general monitoring obligation on the provider of the online platform within the meaning of Article 8 of Regulation (EU) 2022/2065.

The natural or legal person placing dogs or cats on the market shall be solely responsible for the accuracy of the information provided through the interface of the online platform. Nothing in this paragraph shall be construed as imposing a general monitoring on the provider of the online platform within the meaning of Article 8 of Regulation (EU) 2022/2065.

Or. en

Amendment 134

Proposal for a regulation

Article 17 – paragraph 5

Text proposed by the Commission

Amendment

5. The Commission shall adopt implementing acts specifying the information to be provided by suppliers as proof of identification and registration of the animal in accordance with paragraph 3(a), both in cases where the dogs and cats are offered through online platforms and by other means. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 24.

deleted

Or. en

Amendment 135

Proposal for a regulation

Article 17 – paragraph 6 – introductory part

Text proposed by the Commission

Amendment

6. From [3 years from the date of entry into force], the Commission shall ensure that a system performing automated checks of the authenticity of the identification and registration of dogs or cats supplied, using the database referred to in Article 19, is publicly available free of charge . The Commission may entrust the development, maintenance and operation of this system to an independent entity. The system shall meet the following criteria:

6. The Commission shall ensure that an online system performing automated checks of the authenticity of the identification and registration of dogs or cats placed on the market using the database referred to in Article 19, is publicly available free of charge . The Commission may entrust the development, maintenance and operation of this system to an independent entity. The system shall meet the following criteria:

Or. en

Amendment 136

Proposal for a regulation

Article 17 – paragraph 7 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

By the [3 years from the date of entry into force], the Commission shall adopt implementing acts specifying the following aspects of the system referred to in paragraph 6:

The Commission shall adopt implementing acts laying down:

Or. en

Amendment 137

Proposal for a regulation

Article 17 – paragraph 7 – subparagraph 1 – indent 1

Text proposed by the Commission

Amendment

– the key functionalities of the system;

– based on the content of the databases referred to in Article 19(3), point a, the exact information to be provided by natural and legal persons placing dogs or cats on the market, as proof of identification and registration of the dogs and cats in accordance with point (a) of paragraph 3, both in cases where the dogs and cats are offered through online platforms and by other means;

Or. en

Amendment 138

Proposal for a regulation

Article 17 – paragraph 7 – subparagraph 1 – indent 1 a (new)

Text proposed by the Commission

Amendment

– the following aspects of the system referred to in paragraph 6:

Or. en

Amendment 139

Proposal for a regulation

Article 17 – paragraph 7 – subparagraph 1 – indent 1 b (new)

Text proposed by the Commission

Amendment

– the key functionalities of the system;

Or. en

Amendment 140

Proposal for a regulation

Article 17 – paragraph 7 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

The implementing acts referred to in point (a) shall be adopted by [the date of application of this Regulation] and the implementing act referred to in point (b) shall be adopted by [3 years from date of entry into force of this Regulation].

Or. en

Amendment 141

Proposal for a regulation

Article 19 – paragraph 1

Text proposed by the Commission

Amendment

1. From [3 years from the date of entry into force of this Regulation], competent authorities shall establish and maintain a database for the registration of microchipped dogs and cats.

1. The competent authorities shall establish and maintain databases for dogs and cats registered in accordance with Article 17(2) and Article 21(4).

Or. en

Amendment 142

Proposal for a regulation

Article 19 – paragraph 2

Text proposed by the Commission

Amendment

2. From [5 years from date of entry into force of this Regulation], Member States shall ensure that their databases as referred to in paragraph 1 are interoperable with the same databases of other Member States so that the identification of a dog or a cat can be authenticated and traced across the Union.

2. Member States shall ensure that their databases referred to in paragraph 1 comply with the requirements laid down by the implementing act referred to in point (b) of paragraph 3 to ensure their interoperability so that the identification of a dog or a cat can be authenticated and traced across the Union.

Or. en

Amendment 143

Proposal for a regulation

Article 19 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2a. The Commission shall establish and maintain an index database containing the identification numbers of the microchips of the dogs and cats and the national databases where the identification details are stored, without accessing personal data. The Commission may entrust the development, maintenance and operation of this index database to an independent entity, following a public selection process, pursuant to the relevant provisions of Title VII of the Regulation (EU, Euratom) 2018/1046.

Or. en

Amendment 144

Proposal for a regulation

Article 19 – paragraph 3 – subparagraph 1 – point b

Text proposed by the Commission

Amendment

(b) their interoperability between Member States;

(b) the interoperability between Member States databases and the index database;

Or. en

Amendment 145

Proposal for a regulation

Article 19 – paragraph 3 – subparagraph 1 – point f a (new)

Text proposed by the Commission

Amendment

(fa) The interconnection between the Member States databases referred to in paragraph 1 and any other relevant database, including the Information Management System for Official Controls (IMSOC).

The Commission shall adopt those implementing acts by [the date of application of this Regulation].

Or. en

Amendment 146

Proposal for a regulation

Article 20 a (new)

Text proposed by the Commission

Amendment

Article 20a

Data protection

1. The competent authorities of the Member States shall be controllers within the meaning of Regulation (EU) 2016/679 in relation to the processing of personal data collected under Article 7, Article 7a and Article 19(1) of this Regulation.

The Commission shall be a controller within the meaning of Regulation (EU) 2018/1725 in relation to the processing of personal data collected under Article 17(6) and the second subparagraph of Article 21(4) of this Regulation.

It shall be prohibited for any person having access to the personal data referred to in the first and second sub-paragraphs to divulge any personal data, the knowledge of which was acquired in the exercise of their duties or otherwise incidentally to such exercise. Member States and the Commission shall take all appropriate measures to address infringements of that prohibition.

The personal data collected under the first and second sub-paragraphs shall not be used for other purposes than official control of the compliance with the welfare and traceability requirements under this regulation and detection of fraudulent practices with a view to the adoption of control measures.

2. That personal data referred to in paragraph 1 of this Article shall be retained for the following periods:

(a) in the case of Article 7 and Article 7a, 10 years after the date of cessation of the activity of the establishment;

(b) in the case of Article 19(1), 20 years after the first registration of the dog or cat in the database referred to in that Article or 5 years after the recording of the death of the dog or cat in that database;

(c) in the case of the second subparagraph of Article 21(4a), 5 years after the date of pre-notification

Or. en

Amendment 147

Proposal for a regulation

Article 21 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. From [5 years from the date of entry into force of this Regulation], dogs and cats may only be entered into the Union for placing on the Union market if they have been kept in compliance with any of the following:

1. Dogs and cats may only be entered into the Union for placing on the market provided that the following conditions are met:

(a) they have been bred and kept in compliance with any of the following:

Or. en

Amendment 148

Proposal for a regulation

Article 21 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) Chapters II of this Regulation;

(i) Chapter II of this Regulation;

Or. en

Amendment 149

Proposal for a regulation

Article 21 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) conditions recognised by the Union to be equivalent to those set out by this Regulation; or

(ii) conditions recognised by the Union in accordance with Article 129 of Regulation (EU) 2017/625 to be equivalent to those set out by Chapter II of this Regulation; or

Or. en

Amendment 150

Proposal for a regulation

Article 21 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) where applicable, requirements contained in a specific agreement between the Union and the exporting country.

(iii) where applicable, requirements contained in a specific agreement between the Union and the exporting country.

Or. en

Amendment 151

Proposal for a regulation

Article 21 – paragraph 2

Text proposed by the Commission

Amendment

2. From [5 years from date of entry into force of this Regulation], dogs and cats may only be entered into the Union for placing on the market or supply provided that they come from a third country or territory and an establishment listed in accordance with Articles 126 and 127 of Regulation (EU) 2017/625.

(b) they come from a third country or territory and an establishment listed in accordance with Articles 126 and 127 of Regulation (EU) 2017/625.

Or. en

Amendment 152

Proposal for a regulation

Article 21 – paragraph 3

Text proposed by the Commission

Amendment

3. From [date of entry into force of this Regulation + 5 years], the official certificate accompanying dogs and cats entering into the Union from third countries and territories shall contain an attestation certifying compliance with paragraphs 1 and confirming that the dogs and cats originate from an establishment listed in accordance with paragraph 2.

3. The official certificate referred to in Article 126(2)(c) of Regulation (EU) 2017/625 accompanying dogs and cats entering into the Union from third countries and territories to be placed on the Union market, shall contain an attestation certifying compliance with paragraph 1 of this Article.

Or. en

Amendment 153

Proposal for a regulation

Article 21 – paragraph 4 – subparagraph 1

Text proposed by the Commission

Amendment

Without prejudice to Article 10(1)(a) of Regulation (EU) No 576/2013 and Article 74(1) of Regulation (EU) 2020/69211 , dogs and cats entering into the Union shall be identified with a microchip as referred to in Article 17(1) and allowing for traceability.

Without prejudice to Article 10(1)(a) of Regulation (EU) No 576/2013 and Article 74(1) of Regulation (EU) 2020/69211 , dogs and cats entering into the Union to be placed on the Union market, shall be identified before their entry by a veterinarian with a microchip compliant with Annex II . The importer shall ensure the registration of dogs and cats by a veterinarian into a national database, referred to in Article 19 within five working days after their entry into the Union. Member States may allow the registration by other persons than veterinarians, provided that they have measures in place to ensure the accuracy of information inserted in the database.

__________________

__________________

11 Commission Delegated Regulation (EU) 2020/692 of 30 January 2020 supplementing Regulation (EU) 2016/429 of the European Parliament and of the Council as regards rules for entry into the Union, and the movement and handling after entry of consignments of certain animals, germinal products and products of animal origin, OJ L 174, 3.6.2020, p. 379.

11 Commission Delegated Regulation (EU) 2020/692 of 30 January 2020 supplementing Regulation (EU) 2016/429 of the European Parliament and of the Council as regards rules for entry into the Union, and the movement and handling after entry of consignments of certain animals, germinal products and products of animal origin, OJ L 174, 3.6.2020, p. 379.

Or. en

Amendment 154

Proposal for a regulation

Article 21 – paragraph 4 – subparagraph 2

Text proposed by the Commission

Amendment

In case the dogs or cats entering into the Union are not yet registered in a Member State database as referred to in Article 19(1), once they arrive at their place of destination, the owner or person responsible for the animal shall ensure their registration into one of the Member States databases within 48 hours of arrival.

deleted

Or. en

Amendment 155

Proposal for a regulation

Article 21 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

4a. The entry of dogs and cats into the Union under a non-commercial movement, as defined in point 14 of Article 4 of Regulation (EU) 2016/429, shall be pre-notified by their owners into an online Union pet travellers’ database at least five working days before the crossing of the Union border, except in the following cases:

(a) dogs or cats entering into the Union directly from third countries listed in accordance with Article 13(1) of Regulation (EU) No 576/2013;

(b) dogs or cats registered in a Member State database referred to in Article 19(1).

The owner shall pre-notify the identity of the dog or cat and where relevant the identity of the authorised person travelling with that dog or cat, the identification number of the microchip of the dog or cat, its main destination in the Union, and where relevant the planned date and place of exit from the Union. Where the dog or cat stays more than four months in the Union, the owner shall ensure its registration in the database of the Member State of residence within five working days after the expiry of that fourth month.

The Commission shall establish and maintain the Union pet travellers’ database referred to in the second subparagraph, and may entrust the development, maintenance and operation of this database to an independent entity, following a public selection process, pursuant to the relevant provisions of Title VII of the Regulation (EU, Euratom) 2018/1046. Access to this database shall be restricted to Member States’ competent authorities.

Or. en

Amendment 156

Proposal for a regulation

Article 21 – paragraph 5

Text proposed by the Commission

Amendment

5. The Commission is empowered, by means of implementing acts, to establish a procedure for the recognition by the Union of equivalent conditions under point paragraph 1 point (b). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 24.

deleted

Or. en

Amendment 157

Proposal for a regulation

Article 22 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

The Commission is empowered to adopt delegated acts in accordance with Article 23 amending the Annexes to this Regulation to take into account of scientific and technical progress, including, when relevant, scientific opinions of EFSA, and of social, economic and environmental impacts, as regards:

The Commission is empowered to adopt delegated acts in accordance with Article 23 amending the Annexes to this Regulation to take into account of scientific and technical progress, including, when relevant, scientific opinions of the European Food Safety Authority, as regards:

Or. en

Amendment 158

Proposal for a regulation

Article 22 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) feeding frequencies and weaning process;

(a) watering and feeding requirements and weaning process;

Or. en

Amendment 159

Proposal for a regulation

Article 22 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) lighting parameters;

(c) lighting requirements;

Or. en

Amendment 160

Proposal for a regulation

Article 22 – paragraph 1 – point h

Text proposed by the Commission

Amendment

(h) minimum age of bitches and queens for onset of breeding;

(h) minimum and maximum age of bitches and queens for breeding;

Or. en

Amendment 161

Proposal for a regulation

Article 22 – paragraph 1 – point j

Text proposed by the Commission

Amendment

(j) requirements for transponders used to mark dogs and cats;

(j) requirements for transponders used to individually identify dogs and cats;

Or. en

Amendment 162

Proposal for a regulation

Article 22 – paragraph 2

Text proposed by the Commission

Amendment

Any additions of requirements in the Annexes shall be based on updated scientific or technical evidence, in particular regarding the specific conditions needed to ensure the welfare of the dogs and cats covered by the scope of this Regulation. Where relevant, those delegated acts shall provide for sufficient transition periods to allow for operators impacted to adapt to the new requirements.

Any additions of requirements in the Annexes shall be based on updated scientific or technical evidence, in particular regarding the specific conditions needed to ensure the welfare of the dogs and cats covered by the scope of this Regulation. Where relevant, those delegated acts shall take into account social and economic impacts and provide for sufficient transition periods to allow for operators impacted to adapt to the new requirements.

Or. en

Amendment 163

Proposal for a regulation

Article 23 – paragraph 2

Text proposed by the Commission

Amendment

2. The power to adopt delegated acts referred to in Article 6(4), Article 10(2) and Article 22 shall be conferred on the Commission for an indeterminate period of time from [the date of entry into force of this Regulation].

2. The power to adopt delegated acts referred to in Article 6(2b), Article 6a(3) and Article 22 shall be conferred on the Commission for an indeterminate period of time from [the date of entry into force of this Regulation].

Or. en

Amendment 164

Proposal for a regulation

Article 23 – paragraph 3

Text proposed by the Commission

Amendment

3. The delegation of power referred to in Article 6(4), Article 10(2) and Article 22 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

3. The delegation of power referred to in Article 6(2b), Article 6a(3) and Article 22 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

Or. en

Amendment 165

Proposal for a regulation

Article 23 – paragraph 6

Text proposed by the Commission

Amendment

6. A delegated act adopted pursuant to Article 6(4), Article 10(2) and Article 22 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

6. A delegated act adopted pursuant to Article 6(2b), Article 6a(3) and Article 22 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Or. en

Amendment 166

Proposal for a regulation

Article 26 – paragraph 2

Text proposed by the Commission

Amendment

2. By [15 years from the date of entry into force of this Regulation], the Commission shall carry out an evaluation of this Regulation, including an assessment of a possible maximum age for breeding of dogs and cats, and present a report on the main findings to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions.

2. By [15 years from the date of entry into force of this Regulation], the Commission shall carry out an evaluation of this Regulation, including an assessment of a possible maximum age for breeding of dogs and cats, and the possibility of using alternative means of identification which are less invasive than the implantation of a transponder and present a report on the main findings to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions.

Or. en

Amendment 167

Proposal for a regulation

Article 28 – paragraph 2

Text proposed by the Commission

Amendment

It shall apply from [2 years from the date of entry into force of this Regulation], unless otherwise provided for in this Regulation.

It shall apply from [2 years from the date of entry into force of this Regulation].

However, the following provisions shall apply from the following dates,

(i) Article [X], Chapter [X] Prohibition applicable to pet shops from [8 years from the date of entry into force of this Regulation];

(i) Article 13 from [5 years from the date of entry into force of this Regulation];

(ii) second subparagraph of Article 9(2), Article 17(1) to (3) and Article 19(1) from [4 years from the date of entry into force of this Regulation];

(iii) Article 12, Article 17(4) and (6), Article 19(2) and (2a), and Article 21(1) to (4a) from [5 years from the date of entry into force of this Regulation]; and;

(iv) Article 7a from [6 years from the date of entry into force of this Regulation].

Or. en

Amendment 168

Proposal for a regulation

Annex I – point 1 – introductory part

Text proposed by the Commission

Amendment

1. Feeding

1. Feeding and watering

Or. en

Amendment 169

Proposal for a regulation

Annex I – point 1 – point 1.1

Text proposed by the Commission

Amendment

1.1. The operator shall implement the following feeding frequencies:

1.1. Dogs and cats shall be fed at least twice per day. Puppies and kittens shall be fed more frequently

(a) adult cats and dogs shall be fed twice a day;

(b) pregnant bitches and queens shall have ad libitum access to feed;

(c) puppies under 8 weeks of age shall be fed at least 5 times a day;

(d) kittens under 12 weeks of age shall be fed at least 4 times a day.

Or. en

Amendment 170

Proposal for a regulation

Annex I – point 1 – point 1.2

Text proposed by the Commission

Amendment

1.2. Every new-born puppy or kitten shall be fed with colostrum from their bitch or queen in the first two days of their lives.

1.2. Each puppy or kitten shall be fed with colostrum during at least the first two days of its life, and thereafter with milk from its mother or a lactating bitch or queen. If this is not possible or not sufficient, the puppy or kitten shall be fed with a milk replacer designed for puppies and kittens with such feeding frequency as instructed by the producer of the replacer or by a veterinarian.

Or. en

Amendment 171

Proposal for a regulation

Annex I – point 1 – point 1.3

Text proposed by the Commission

Amendment

1.3. If the bitch or the queen is ill or is otherwise unable to feed her offspring, the operator shall provide milk from other bitches and queens at the same holding and supplementary milk formulas designed for puppies and kittens with the feeding frequency as instructed by the formula producer or a veterinarian, until weaning is completed.

deleted

Or. en

Amendment 172

Proposal for a regulation

Annex I – point 1 – point 1.4

Text proposed by the Commission

Amendment

1.4. The operator shall ensure that all unweaned puppies and kittens are getting enough milk to steadily gain bodyweight.

1.4. All unweaned puppies and kittens shall be fed enough milk, milk replacer or a combination thereof to steadily gain bodyweight.

Or. en

Amendment 173

Proposal for a regulation

Annex I – point 2 – point 2.2 – point 2.2.1

Text proposed by the Commission

Amendment

2.2.1. Where applicable, artificial lighting shall be provided for a period at least equivalent to the period of natural light normally available between 9 a.m. and 5 p.m.

2.2.1. Dogs and cats shall be exposed to light for at least 7 hours per day.

Or. en

Amendment 174

Proposal for a regulation

Annex I – point 2 – point 2.2 – point 2.2.2

Text proposed by the Commission

Amendment

2.2.2. Artificial light shall be broad spectrum or full spectrum.

2.2.2. Artificial light shall be broad spectrum or full spectrum with a frequency of at least 80 Hertz.

Or. en

Amendment 175

Proposal for a regulation

Annex I – point 2 – point 2.2 – point 2.2.3

Text proposed by the Commission

Amendment

2.2.3. The illuminance shall be at least 50 lux at the height of an animal’s head.

deleted

Or. en

Amendment 176

Proposal for a regulation

Annex I – point 2 – point 2.2 – point 2.2.4

Text proposed by the Commission

Amendment

2.2.4. Animals shall have the possibility to stay in the dark for at least 8 hours per day.

2.2.4. Dogs and cats shall have the possibility to be without artificial lights for at least 8 hours per day.

Or. en

Amendment 177

Proposal for a regulation

Annex I – point 3 – point 3.1

Text proposed by the Commission

Amendment

3.1. Queens shall only be bred if their age is at least 12 months;

deleted

Or. en

Amendment 178

Proposal for a regulation

Annex I – point 3 – point 3.2

Text proposed by the Commission

Amendment

3.2. Bitches shall only be bred if their age is at least 18 months;

3.2. Bitches shall only be bred from their second oestrus.

Or. en

Amendment 179

Proposal for a regulation

Annex I – point 3 – point 3.2 a (new)

Text proposed by the Commission

Amendment

3.2a. Queens shall be bred only if their age is at least 12 months or they have reached the breed specific age of skeletal maturity

Or. en

Amendment 180

Proposal for a regulation

Annex I – point 3 – point 3.3

Text proposed by the Commission

Amendment

3.3. Operators shall allow for up to 3 litters per bitch or queen within a period of 2 years.

3.3. A bitch or queen shall not deliver more than 3 litters within a period of 2 years.

Or. en

Amendment 181

Proposal for a regulation

Annex I – point 3 – point 3.4

Text proposed by the Commission

Amendment

3.4. After 3 consecutive litter-giving pregnancies of a bitch or a queen within a period of 2 years, operators shall ensure a recuperation period by preventing pregnancies of the bitch or queen for a period of at least 1 year.

3.4. For bitches that have delivered 3 litters, including stillborns, within a period of 2 years, there shall be a recuperation period of at least 1 year.

Or. en

Amendment 182

Proposal for a regulation

Annex I – point 3 – point 3.4 a (new)

Text proposed by the Commission

Amendment

3.4a. Any bitch or queen that has undergone two cesarean sections shall no longer be used for breeding.

Or. en

Amendment 183

Proposal for a regulation

Annex I – point 3 – point 3.4 b (new)

Text proposed by the Commission

Amendment

3.4b. Before any bitch aged 8 years or more and any queen aged 6 years or more, is used for breeding, it must have been physically examined by a veterinarian who confirms in writing that, at the time of the examination, there are no counter-indications to pregnancy. The operator shall keep the written confirmation referred for a period of at least 3 years

Or. en

Amendment 184

Proposal for a regulation

Annex II – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

Transponders used to mark cats and dogs as required in Article 16 shall meet the following requirements:

Transponders used to individually identify dogs and cat as required in Article 17 and Article 21 shall meet the following requirements:

Or. en

Amendment 185

Proposal for a regulation

Annex III – point 1

Text proposed by the Commission

Amendment

1. Number of dogs and cats microchipped per year as referred to in Article 17;

1. Number of dogs and cats registered per year as referred to in Article 17 and Article 21 (4);

Or. en

Amendment 186

Proposal for a regulation

Annex III – point 1 a (new)

Text proposed by the Commission

Amendment

1a. Number of establishments registered per year in accordance with Article 7;

Or. en

Amendment 187

Proposal for a regulation

Annex III – point 2

Text proposed by the Commission

Amendment

2. Number of breeding establishment approved per year as referred to in Article 16.

2. Number of breeding establishments approved per year as referred to in Article 7a.

Or. en

Amendment 188

Proposal for a regulation

Annex III – point 2 a (new)

Text proposed by the Commission

Amendment

2a. Number of breeding establishments whose approval has been suspended or withdrawn per year

Or. en

EXPLANATORY STATEMENT

On 7 December 2023, the Commission adopted a proposal for new rules on the welfare of dogs and cats and their traceability aimed at improving the welfare of dogs and cats that are kept by breeders, selling establishments, and shelters, while also improving consumer protection, ensuring fair competition and fighting illegal trade.

The rapporteur broadly agrees with the proposal of the Commission and maintains its main welfare principles and obligations. The rapporteur especially aims to tackle the problem of fraud and substandard welfare of dogs and cats, without imposing excessive requirements on the individual honest dog and/or cat owner.

For the purpose of proportionality, the rapporteur makes a distinction between establishments of different sizes. On the one hand, all establishments, irrespective of the number of litters bred or the number of dogs or cats kept, should be subject to the general welfare principles and obligations, while on the other hand, only establishments keeping or placing on the market a certain number of dogs or cats should be subject to more comprehensive and detailed welfare obligations.

Since some organisations use foster homes to house abandoned, stray or unwanted cats and dogs, the rapporteur proposes to include foster homes within the scope of the regulation. On the other hand, the rapporteur proposes a full ban for placing on the market dogs and cats by pet-shops, given their inability to provide a suitable environment for the dogs and cats based on the concept of “five domains”.

Notification and registration requirements will apply to all establishments. However, given the shortages of veterinarians in the member states and in order to reduce administrative burden, prior approval following an on-site inspection should only apply to breeding establishments that produce more than five litters per year or that keep more than five female cats or dogs.

In order to exclude from the scope of the regulation the occasional and irregular donations of small numbers of dogs and cats by natural persons, the rapporteur clarifies the definition of “placing on the market”, which could only be done by those operators responsible for a breeding establishment, a selling establishment or a shelter.

With regards to breeding requirements, the rapporteur proposes changes in Annex I and a separated Article 6a, which comprehensively address issues such as limits on frequency, minimum and maximum age and the prohibition of certain breeding practices such as inbreeding and the breeding to produce hybrids. The rapporteur clarifies that these practices could in exceptional and duly justified cases be used to preserve local breeds with a limited genetic pool. The Commission is empowered to adopt delegated acts concerning the excessive conformational traits by 2030. At the same time, the rapporteur is proposing that organisers of aesthetic shows, exhibitions and competitions should not include dogs or cats with excessive conformational traits or those, which have been mutilated for such events.

Mutilation practices such as ear cropping, tail docking, and the removal of claws are banned, unless they respond to a medical indication. Certain painful handling practices such as the use of prong collars or choke collars without safety top will be fully banned. The use of muzzles, could only be performed for public health, security or animal safety and welfare and to the minimum time necessary.

The rapporteur takes note of scientific evidence proving that alternative methods to surgical castration could be better suited in some cases, without the side effects of surgical castration. For this reason, the draft report explicitly allows veterinarians to consider non-surgical sterilisation to neutering, whenever appropriate, whilst clarifying the difference between neutering and non-surgical sterilisation in Article 3.

To ensure traceability and interoperability between databases, all dogs and cats will be individually identified and registered in a national database before they are placed on the market. In line with the original proposal from the Commission, the rapporteur recognises the implantation of a subcutaneous transponder containing a microchip as the default measure to comply with this obligation. However, the draft report explicitly enables veterinarians to delay the implantation of the microchip or to remove it, based on the animal’s health concerns. Moreover, the rapporteur proposes that the Commission includes in the evaluation reports, based on the assessment of technological developments, the possibility of using alternative means of identification, which are less invasive than the implantation of a transponder.

With regard to imports from outside the EU, the rapporteur differentiates between the import of dogs and cats for placing on the EU market and for non-commercial movements, aiming to prevent fraud and improve the traceability of dogs and cats. In both cases, the dogs or cats will have to be identified with a microchip before their entry into the EU. For the former, the importer shall ensure registration by a veterinarian in an EU database within five working days after they enter the EU. For the latter, the entry of dogs or cats into the EU will have to be pre-notified by the owner into an online Union pet travellers’ database, which must be run by the Commission.

Lastly, the rapporteur also introduced provisions linked to data protection, to ensure the protection of personal data contained, for instance, in the databases of dogs and cats or on information transmitted by establishments.

ANNEX: ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur declares that she received input from the following entities or persons in the preparation of the draft report, prior to the adoption thereof in committee:

Entity and/or person

Four Paws

Eurogroup for Animals

VIRBAC

Federation of Veterinarians of Europe

Merck Sharp & Dohme Europe Belgium SRL

AnimalhealthEurope

Arnika, z.s.

Greenpeace European Unit

Hnutí DUHA - Friends of the Earth

Czech Republic WWF Czechia

ČSOP/Society for Animals Česká společnost ornitologická

Svoboda zvířat Plzeň, z.s

Federation Cynologique

The list above is drawn up under the exclusive responsibility of the rapporteur.

Where natural persons are identified in the list by their name, by their function or by both, the [rapporteur declares / rapporteurs declare] that [he/she has / they have] submitted to the natural persons concerned the European Parliament’s Data Protection Notice No 484 (https://www.europarl.europa.eu/data-protect/index.do), which sets out the conditions applicable to the processing of their personal data and the rights linked to that processing.