Sittings · Document
On the proposal for a regulation of the European Parliament and of the Council on the welfare of dogs and cats and their traceability
Committee on the Environment, Public Health and Food Safety · Rapporteur: Manuela Ripa
PA_Legam
AMENDMENTS
The Committee on the Environment, Public Health and Food Safety calls on the Committee on Agriculture and Rural Development, as the committee responsible, to take into account the following amendments:
Amendment 1
Proposal for a regulation
Recital 3 a (new)
Text proposed by the Commission
Amendment
(3a) Millions of animals are traded and kept as pets in the Union. Those animals are not just dogs and cats. They come from thousands of different species, each with their own unique biological and behavioural needs;
Or. en
Amendment 2
Proposal for a regulation
Recital 3 b (new)
Text proposed by the Commission
Amendment
(3b) The absence of Union welfare provisions on breeding, keeping and placing on the market of pet animal species other than dogs and cats, as well as divergent national rules, have often led to serious animal welfare consequences for those species that are unsuitable to be kept as pets, as well as risks to biodiversity, human health and safety and nature conservation;
Or. en
Amendment 3
Proposal for a regulation
Recital 3 c (new)
Text proposed by the Commission
Amendment
(3c) There have been previous calls to establish a science-based Union-wide list of animals that have been assessed as being suitable to be kept as pets, under appropriate welfare conditions, without causing harm to populations in the wild, and therefore to European biodiversity, or to human health and safety;
Or. en
Amendment 4
Proposal for a regulation
Recital 7
Text proposed by the Commission
Amendment
(7) Illegal trade in cats and dogs from outside the EU has been increasing. Current EU rules on the movements of dogs and cats into the EU, such as the provisions of Regulation 576/2013 and of the Animal Health Law, do not contain sufficient tools to prevent this illegal trade. This means that additional rules to fight illegal trade in dogs and cats are required. Existing animal health rules require that, both for commercial and non-commercial movement of dogs and cats entering into the Union, the animals must be identified with a microchip. To reinforce these traceability provisions, the owners of dogs and cats entering into the Union should ensure their registration in one of the Member States’ databases at the place of destination. This will provide for greater control on the movements of those animals.
(7) Illegal trade in cats and dogs from outside the EU has been increasing. Current EU rules on the movements of dogs and cats into the EU, such as the provisions of Regulation 576/2013 and of the Animal Health Law, do not contain sufficient tools to prevent this illegal trade. This means that additional rules to fight illegal trade in dogs and cats are required. Existing animal health rules require that, both for commercial and non-commercial movement of dogs and cats entering into the Union, the animals must be identified with a microchip. To reinforce these traceability provisions, the owners of dogs and cats entering into the Union should ensure their registration in one of the Member States’ databases. This will provide for greater control on the movements of those animals.
Or. en
Amendment 5
Proposal for a regulation
Recital 11
Text proposed by the Commission
Amendment
(11) The supplying of dogs and cats, whether for profit or at no cost, has an impact on the internal market. Therefore, to prevent fraud, traceability of all animals traded in the Union market should be ensured and the keeping of animals in breeding establishments, pet shops or animal shelters should be subject to detailed rules.
(11) The supplying of dogs and cats, whether for profit or at no cost, has an impact on the internal market. Therefore, to prevent fraud, traceability of all animals traded in the Union market should be ensured and the keeping of animals in breeding establishments, selling establishments or animal shelters should be subject to detailed rules.
Or. en
Amendment 6
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, considering the health risks associated with overcrowding, poor hygiene, and inadequate veterinary care and 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 not exempt from certain obligations pet owners who keep a number of dogs and cats and produce a number of litters below a certain threshold.
Or. en
Amendment 7
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) 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.
Or. en
Amendment 8
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 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. For this reason, this Regulation should prohibit the sale of dogs and cats in pet shops. Such a measure would significantly improve animal welfare and human health and safety, for example by preventing young animals from being separated from their mothers prematurely, which can have detrimental effects on their physical and psychological development, possibly leading to behavioural problems and aggression towards the owner during adulthood.
Or. en
Amendment 9
Proposal for a regulation
Recital 19
Text proposed by the Commission
Amendment
(19) Despite the differences in the activities carried out by commercial breeders and pet shops, on the one hand, and animal shelters, on the other, they all supply dogs and cats in the Union market and there is a certain amount of overlap, especially at the level of the demand. When looking for a dog or cat, consumers make choices between buying an animal from a breeder (either directly or through a pet shop or intermediary), or adopting one from a shelter. The acquisition of dogs or cats directly from pet owners is marginal. One important factor in the choice of a dog or a cat is the possible behavioural or other problems that the animal may exhibit because of having been kept in poor welfare conditions and which may reduce their suitability to be kept as a pet animal, irrespective of whether the animal has been kept in a commercial breeding establishment, in a pet shop or in a shelter. Moreover, given that trade is also conducted by intermediaries and mostly online, consumers may not be aware before they acquire a dog or a cat of whether the animal originates from a shelter, a breeder or a pet shop. There is evidence that the number of animals supplied to the Union market by shelters is significant, in particular for cats. There is also evidence that animals are supplied from shelters in some Member States to prospective pet owners in other Member States, in particular for dogs. In order to ensure the achievement of the objective of this Regulation to ensure the smooth functioning of the internal market in dogs and cats, and the rational development of the sector while ensuring a high level of animal welfare, it is necessary to apply some of the requirements of this Regulation to shelters that keep a certain minimum number of animals, irrespective of whether they sell animals against payment or only supply animals for free or upon reimbursement of reasonable costs. However, for reasons of proportionality and given that the activities of shelters differ from those of other operators and may fulfil a public interest function, only some of the requirements of this Regulation should apply to shelters, concerning, in particular the number and competence of animal caretakers, housing, feeding and watering, behavioural needs and painful practices, and advisory visits by a veterinarian.
(19) Despite the differences in the activities carried out by commercial breeders and selling establishments, on the one hand, and animal shelters, on the other, they all supply dogs and cats in the Union market and there is a certain amount of overlap, especially at the level of the demand. When looking for a dog or cat, consumers make choices between buying an animal from a breeder (either directly or through a selling establishment or intermediary), or adopting one from a shelter. The acquisition of dogs or cats directly from pet owners is marginal. One important factor in the choice of a dog or a cat is the possible behavioural or other problems that the animal may exhibit because of having been kept in poor welfare conditions and which may reduce their suitability to be kept as a pet animal, irrespective of whether the animal has been kept in a commercial breeding establishment, in a selling establishment or in a shelter. Moreover, given that trade is also conducted by intermediaries and mostly online, consumers may not be aware before they acquire a dog or a cat of whether the animal originates from a shelter, a breeder or a selling establishment. There is evidence that the number of animals supplied to the Union market by shelters is significant, in particular for cats. There is also evidence that animals are supplied from shelters in some Member States to prospective pet owners in other Member States, in particular for dogs. In order to ensure the achievement of the objective of this Regulation to ensure the smooth functioning of the internal market in dogs and cats, and the rational development of the sector while ensuring a high level of animal welfare, it is necessary to apply some of the requirements of this Regulation to shelters that keep a certain minimum number of animals, irrespective of whether they sell animals against payment or only supply animals for free or upon reimbursement of reasonable costs. However, for reasons of proportionality and given that the activities of shelters differ from those of other operators and may fulfil a public interest function, only some of the requirements of this Regulation should apply to shelters, concerning, in particular the number and competence of animal caretakers, housing, feeding and watering, behavioural needs and painful practices, and advisory visits by a veterinarian.
Or. en
Amendment 10
Proposal for a regulation
Recital 33 a (new)
Text proposed by the Commission
Amendment
(33a) In order to prevent the overpopulation and to create safer and healthier conditions for dogs and cats, the competent authorities should provide financial assistance to shelters and foster homes when neutering or spaying dogs and cats.
Or. en
Amendment 11
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) the welfare of dogs and cats bred or kept in establishments, or handled or placed on the Union market;
Or. en
Justification
A clear delineation of the scope is necessary to ensure proper implementation of the Regulation, including the provisions on traceability and the possible implications for human health and the environment.
Amendment 12
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) the traceability of dogs and cats bred or kept in the Union or placed on the Union market.
Or. en
Justification
In order to improve animal welfare and ensure full traceability, the provisions should cover all dogs and cats, not just animals placed on the market. Adequate transition periods and simplified rules for private owners shall be foreseen. The term "supplied" is removed throughout the text, following a Council suggestion.
Amendment 13
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 and placing on the market of dogs and cats.
Or. en
Amendment 14
Proposal for a regulation
Article 3 – paragraph 1 – point 3 b (new)
Text proposed by the Commission
Amendment
3b. ‘breeding’ means the activity of keeping dogs or cats for the purpose of reproduction;
Or. en
Justification
Pet owners are not considered breeders if reproduction happens accidentally.
Amendment 15
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 an animal is detained, handled, held, housed or cared for also in an establishment or under the responsibility of an operator;
Or. en
Justification
Clear definitions are necessary to ensure proper implementation of the Regulation, including the provisions on traceability and the possible implications for human health and the environment.
Amendment 16
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 , whether in return for payment or free of charge, as well as the advertising of animals for the above purposes;
Or. en
Justification
In order to ensure traceability, it is important to also include animal shelters and other establishments which give away animals for free.
Amendment 17
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
Amendment 18
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, animal shelters, foster homes and pounds;
Or. en
Amendment 19
Proposal for a regulation
Article 3 – paragraph 1 – point 12
Text proposed by the Commission
Amendment
12. ‘breeding establishments’ means any premises or structure, where dogs and cats are kept for reproduction purposes with a view to placing their offspring on the market, including households;
12. ‘breeding establishments’ means any premises or structure, including households, where dogs or cats are kept for reproduction purposes with a view to placing their offspring on the market;
Or. en
Justification
Households which breed animals intentionally should be included in order to ensure full traceability and prevent illegal trade. Simplified rules will apply for small breeders.
Amendment 20
Proposal for a regulation
Article 3 – paragraph 1 – point 12 a (new)
Text proposed by the Commission
Amendment
12a. ‘selling establishments’ means any premises or structures where dogs or cats are kept for sale without having been born there, as well as any premises or structures of assembly operation where dogs and cats are assembled from more than one establishment;
Or. en
Amendment 21
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. ‘animal 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 them on the market;
Or. en
Amendment 22
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 or cats;
Or. en
Amendment 23
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 animals on the market and that is responsible for a breeding establishment or a shelter and for dogs and cats kept therein, or that is responsible for unwanted, abandoned, stray, lost or confiscated dogs or cats and places them in foster homes;
Or. en
Amendment 24
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, other than neutering or implantation of a transponder, 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;
Or. en
Amendment 25
Proposal for a regulation
Article 3 – paragraph 1 – point 21
Text proposed by the Commission
Amendment
21. ‘housing’ means buildings or delimited outdoor space in establishments where dogs and cats are kept;
21. ‘housing’ means buildings or delimited outdoor space in establishments where dogs or cats are kept, whether temporarily or permanently;
Or. en
Amendment 26
Proposal for a regulation
Article 3 – paragraph 1 – point 24
Text proposed by the Commission
Amendment
24. ‘animal caretaker’ means a person taking care of the dogs and cats bred or kept in an establishment;
24. ‘animal caretaker’ means a person taking care of the dogs or cats bred or kept, including volunteers and interns;
Or. en
Amendment 27
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 crate, box, cage, receptacle or other rigid structure used to confine dogs or cats;
Or. en
Amendment 28
Proposal for a regulation
Article 3 – paragraph 1 – point 28
Text proposed by the Commission
Amendment
28. ‘pet animal’ means a dog or cat intended to be kept in a household for private enjoyment and companionship;
deleted
Or. en
Amendment 29
Proposal for a regulation
Article 3 – paragraph 1 – point 28 a (new)
Text proposed by the Commission
Amendment
28a. “pound” means a facility where animals surrendered by animal control officers or contracted dog or cat catchers are surrendered as part of animal control management activities and can include shelters;
Or. en
Amendment 30
Proposal for a regulation
Article 4 – paragraph 1 – indent 1
Text proposed by the Commission
Amendment
– breeding establishments keeping up to three bitches or queens and producing in total two litters or less per establishment and calendar year;
deleted
Or. en
Justification
In order to ensure animal welfare and full traceability, all breeders should be included without exemption. A vast majority of Member States already has such provisions. Simplified rules for small breeders shall apply.
Amendment 31
Proposal for a regulation
Article 4 – paragraph 1 – indent 2
Text proposed by the Commission
Amendment
– pet shops keeping at any given time three dogs or less or six cats or less;
deleted
Or. en
Amendment 32
Proposal for a regulation
Article 4 – paragraph 1 – indent 3
Text proposed by the Commission
Amendment
– shelters keeping at any given time ten dogs or less or twenty cats or less.
– shelters or foster homes keeping at any given time fifteen dogs or less or twenty cats or less.
Or. en
Justification
The amendment aims at reducing burden for small shelters and foster homes.
Amendment 33
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 and animal caretakers shall apply the following principles with respect to dogs or cats bred or kept in their establishment:
Or. en
Amendment 34
Proposal for a regulation
Article 5 – paragraph 1 – point c
Text proposed by the Commission
Amendment
(c) dogs and cats are kept safe, clean and in good health by preventing diseases, functional impairments, injuries, and pain, due in particular to management, handling practices, or mutilations.
(c) dogs and cats are kept safe, clean and in good health by preventing diseases, functional impairments, injuries, and pain, due in particular to management, handling practices, breeding practices, or mutilations.
Or. en
Amendment 35
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Text proposed by the Commission
Amendment
1a. Operators and animal caretakers shall not mistreat or abandon dogs or cats.
Or. en
Justification
Overpopulation can pose environmental risks and health risks.
Amendment 36
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
Obligation regarding the notification and registration of the breeding or keeping of dogs and cats in establishments
Or. en
Justification
Full registration is paramount.
Amendment 37
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 and natural or legal persons responsible for shelters shall notify to the competent authorities of their activity, providing at least the following information:
Or. en
Amendment 38
Proposal for a regulation
Article 7 – paragraph 1 – point a
Text proposed by the Commission
Amendment
(a) the identity, name and address of the operator;
(a) the identity, name and address of the operator or the natural or legal person responsible for the shelter;
Or. en
Amendment 39
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 or shelter;;
Or. en
Amendment 40
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 41
Proposal for a regulation
Article 7 – paragraph 1 – point e b (new)
Text proposed by the Commission
Amendment
(eb) the contact details of the natural person under whose control the dogs or cats are being kept and the registration details of the shelter or foster home.
Or. en
Amendment 42
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Text proposed by the Commission
Amendment
The competent authority shall maintain a register of establishments and may use for this purpose the register provided for in Article 101(1), point (a), of Regulation (EU) 2016/429;
Or. en
Amendment 43
Proposal for a regulation
Article 10 – title
Text proposed by the Commission
Amendment
Animal welfare visits
Animal health and welfare visits
Or. en
Amendment 44
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 by ... [one year from the date of application of this Regulation] or within the first year from the date of the notification of a new establishment, the establishments under their responsibility receive, at least once a year, an unannounced visit by an official veterinarian, hired by the competent authority, for the purpose of identifying and assessing any risk factor for the welfare of the dogs and cats and advising the operator or the natural or legal person responsible for the shelter on measures to address those risks for animal welfare;
Or. en
Justification
Veterinary control is important in order to also exclude possible risks for public health associated to poor welfare conditions in the establishments.
Amendment 45
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) where animals are kept in breeding establishments or selling establishments, 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;;
Or. en
Amendment 46
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.
Containers may only be used for the transport and short-term, temporary isolation for medical purposes of individual dogs and cats provided that stress is avoided, including stress due to extreme temperatures, and that the dogs and cats are able to stand and lie down in a natural position.
Or. en
Amendment 47
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 2 a (new)
Text proposed by the Commission
Amendment
Keeping dogs or cats in pet shops shall be prohibited.
Or. en
Justification
The sale of dogs and cats in pet shops is already banned in 12 Member States, as it can, under unfavourable circumstances, be highly detrimental to animal welfare, for example when an animal is separated from its mother at a very young age, and can cause behavioural disorders such as aggression towards the owner during adulthood with possible implications for human health.
Amendment 48
Proposal for a regulation
Article 13 – paragraph 2 – point d
Text proposed by the Commission
Amendment
(d) measures including veterinary medication are in place to prevent and control external and internal parasites, including preventive veterinary treatments to prevent common diseases to which dogs or cats are likely to be exposed with due regard to the epidemiological situation;
(d) measures including veterinary medication are in place to prevent and control external and internal parasites, including preventive veterinary treatments and vaccinations to prevent common diseases to which dogs or cats are likely to be exposed with due regard to the epidemiological situation;
Or. en
Amendment 49
Proposal for a regulation
Article 13 – paragraph 2 – point d a (new)
Text proposed by the Commission
Amendment
(da) animal caretakers in shelters take all measures necessary to prevent reproduction of the dog or cat kept therein;
Or. en
Amendment 50
Proposal for a regulation
Article 13 – paragraph 2 – point d b (new)
Text proposed by the Commission
Amendment
(db) unless otherwise indicated by a veterinarian, no dog or cat is released from a shelter unneutered.
Or. en
Amendment 51
Proposal for a regulation
Article 16 – title
Text proposed by the Commission
Amendment
Approval of breeding establishments
Approval of breeding and selling establishments
Or. en
Amendment 52
Proposal for a regulation
Article 16 – paragraph 1
Text proposed by the Commission
Amendment
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.
1. From [5 years from the date of entry into force of this Regulation], operators of breeding establishments that either produce or intend to produce more than three litters per calendar year, or that keep more than three bitches or queens at any given time, and operators of selling establishments shall obtain approval of their breeding establishment from the competent authority before placing on the market dogs and cats born in their establishment.
Or. en
Justification
Small breeders shall benefit from simplified rules.
Amendment 53
Proposal for a regulation
Article 16 – paragraph 2
Text proposed by the Commission
Amendment
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.
2. The competent authority shall perform on-site inspection 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 communication used provide sufficient evidence for the competent authority to perform reliable inspections. The competent authority shall grant a certificate of approval for a breeding establishment, provided that, prior inspection has confirmed that the establishment meets the requirements of this Regulation.
Or. en
Justification
Inspections are important in order to also exclude possible risks for public health associated to poor welfare conditions in the establishment.
Amendment 54
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, also in establishments, and all dogs and cats placed on the market shall be individually identified by means of an injectable transponder containing a microchip, that complies with the requirements set out in Annex II.
Or. en
Justification
In order to ensure full traceability, identification and registration of all dogs and cats is paramount. In relation to dogs, a transition period of 4 years is foreseen. In relation to cats, a transition period of 10 years is foreseen. 24 Member States already have full identification and registration of dogs in place, several Member States extend this also to cats.
Amendment 55
Proposal for a regulation
Article 17 – paragraph 1 a (new)
Text proposed by the Commission
Amendment
1a. Operators of selling establishments, operators of shelters and operators responsible for unwanted, abandoned, stray, lost, or confiscated dogs or cats shall ensure that dogs and cats that enter their establishments or come under their responsibility are individually identified within 30 days from their arrival at the establishment and, in any event, before the date of their placing on the market;
Or. en
Amendment 56
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. From [3 years from the date of entry into force], dogs and cats identified in accordance with paragraph 1 shall within two working days from their identification, be registered by a veterinarian in a national database referred to in Article 19. For dogs or cats kept in breeding establishments, the registration shall be made in the name of the operator of the breeding establishment responsible for the dog or the cat. For dogs or cats kept in shelters, the registration shall be made in the name of the person responsible of the shelter. For natural persons, the registration shall be made in the name of that person. For any other dogs or cats in the Union, the registration shall be made in the name of the responsible competent authority. In the event of transfer of ownership or responsibility, the natural or legal person placing the dog or cat on the market and 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 within two weeks from the date of change of ownership or responsibility, in accordance with the conditions laid down by the Member State responsible for that database.
Or. en
Amendment 57
Proposal for a regulation
Article 17 – paragraph 2 a (new)
Text proposed by the Commission
Amendment
2a. Where a dog or a cat kept in an establishment dies, 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 58
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:
From [3 years from the date of entry into force], before placing a dog or a cat on the market in the Union, the natural or legal person placing the dog or cat on the market shall provide to the acquirer of the animal:
Or. en
Amendment 59
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 animal to the natural or legal person in compliance with paragraphs 1 and 2, and the weblink to the system referred to in paragraph 6;
Or. en
Justification
Stricter registration requirements allow that animals are associated to a natural or legal person in order to effectively tackle illegal pet trade.
Amendment 60
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 animals verified through the system referred to in paragraph 7.
Or. en
Amendment 61
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.
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 natural or legal persons placing dogs and cats on the market to comply with their obligations under paragraph 3 of this Article, in line with Article 31 of Regulation (EU) 2022/2065, and shall inform acquirers, in a visible manner, of the identification and registration of the animal, verified by the system, through a weblink to the system referred to in paragraph 6 of this Article.
Or. en
Amendment 62
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. From [3 years from the date of entry into force], 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, following a public selection process, pursuant to the relevant provisions of Title VII of Regulation (EU, Euratom) 2018/1046. The system shall meet the following criteria:
Or. en
Amendment 63
Proposal for a regulation
Article 17 – paragraph 7 – subparagraph 1 – indent 2 a (new)
Text proposed by the Commission
Amendment
– 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 or cats in accordance with point (a) of paragraph 3 of this Article, both in cases where the dogs and cats are offered through online platforms or by other means;
Or. en
Amendment 64
Proposal for a regulation
Article 18 – paragraph 1 – point b a (new)
Text proposed by the Commission
Amendment
(ba) certifying the animal caretakers who have successfully completed the training courses referred to in point (a);
Or. en
Amendment 65
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1 a (new)
Text proposed by the Commission
Amendment
The competent authorities may delegate the task referred to in point (ba);
Or. en
Amendment 66
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 or 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 67
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 68
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 the Information Management System for Official Controls (IMSOC), where relevant.
Or. en
Amendment 69
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. From [5 years from the date of entry into force of this Regulation], dogs or cats may only be entered into the Union for placing on the Union market if they have been bred and kept in compliance with any of the following:
Or. en
Amendment 70
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.
Dogs and cats entering into the Union shall be identified before their entry by a veterinarian with a microchip compliant with Annex II and registered in a database of their country of origin. Alternatively, dogs and cats may be registered at the borders into one of the Member States´ databases before entering the Union. A Member State may allow the registration by other persons than veterinarians, provided that it has measures in place to ensure the accuracy of information inserted in the database.
__________________
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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
Justification
The amendment aims at simplifying provisions and avoiding bureaucracy instead of creating another EU database (for the non-commercial movement of pets). Registration at the border does not require significant additional technical or educational effort, since the entry of animals into the EU is already today managed by specially equipped posts at the external borders.
Amendment 71
Proposal for a regulation
Article 25 – paragraph 1
Text proposed by the Commission
Amendment
1. This Regulation shall not prevent Member States from maintaining any stricter national rules aimed at a more extensive protection of the welfare of dogs and cats and in force at the time of entry into force of this Regulation, provided that those rules are not inconsistent with this Regulation and do not interfere with the proper functioning of the internal market. Before [the date of application of this Regulation], Member States shall inform the Commission about such national rules. The Commission shall bring them to the attention of the other Member States.
1. This Regulation shall not prevent Member States from maintaining or adopting any stricter national rules aimed at a more extensive protection of the welfare of dogs and cats and their traceability and in force at the time of entry into force of this Regulation, provided that those rules are not inconsistent with this Regulation and do not interfere with the proper functioning of the internal market. Before [the date of application of this Regulation], Member States shall inform the Commission about such national rules. The Commission shall bring them to the attention of the other Member States.
Or. en
Amendment 72
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 1
Text proposed by the Commission
Amendment
This Regulation shall not prevent Member States from adopting stricter national measures aimed at ensuring more extensive protection of the welfare of dogs and cats kept in establishments within the territory of a Member State on the following animal welfare issues:
This Regulation shall not prevent Member States from adopting stricter national measures aimed at ensuring more extensive protection of the welfare of dogs or cats within the territory of a Member State.
(a) housing conditions;
(b) mutilations;
(c) enrichment;
(d) selection and breeding programmes, including minimum and maximum age for breeding.
Or. en
Justification
Following the EU´s One Health approach, human and animal health are closely linked and interdependent.
Amendment 73
Proposal for a regulation
Article 26 – paragraph 1
Text proposed by the Commission
Amendment
1. On the basis of the reports received in accordance with Article 20 and additional relevant information, the Commission shall publish, by [7 years after the date of entry into force of this Regulation] and thereafter every 5 years, a monitoring report on the welfare of dogs and cats placed on the market in the Union.
1. On the basis of the reports received in accordance with Article 20 and additional relevant information, the Commission shall publish, by [5 years after the date of entry into force of this Regulation] and thereafter every 3 years, a monitoring report on the welfare of dogs and cats placed on the market in the Union.
Or. en
Amendment 74
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 [7 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.
Or. en
Amendment 75
Proposal for a regulation
Article 26 – paragraph 3 a (new)
Text proposed by the Commission
Amendment
3a. By ... [five years from the date of entry into force of this Regulation] at the latest, the Commission shall establish a list of animal species allowed to be kept and placed on the market, where a prior impact assessment has showed its added value and feasibility.
Or. en
Justification
Such an impact assessment, which has the support of a large majority of Member States, is already being conducted by the Commission and should be finalized soon. By establishing a positive list, the EU would be able to better regulate the ownership of exotic, traditional or non-traditional pets, ensuring that only species suitable for private care are kept as companions. Such a list would also reduce zoonotic risks to public health and reduce the economic, social, and environmental impacts of invasive alien species.
Amendment 76
Proposal for a regulation
Article 27 – paragraph 1 a (new)
Text proposed by the Commission
Amendment
Member States shall ensure that the level of the financial penalties imposed for violations of this Regulation and of the rules referred to in Article 2(1), involving fraud or deception, reflect, in accordance with national law, at least the economic advantage for the operator, or, where appropriate, a percentage of the operator´s turnover.
Or. en
Amendment 77
Proposal for a regulation
Article 28 – paragraph 2 a (new)
Text proposed by the Commission
Amendment
Article 9(2), Article 17(1) to (3) in relation to dogs, and Article 19(1) shall apply from ... [4 years from the date of entry into force of this Regulation];
Or. en
Amendment 78
Proposal for a regulation
Article 28 – paragraph 2 b (new)
Text proposed by the Commission
Amendment
Article 17(1) to (3) in relation to cats shall apply from ... [10 years from the date of entry into force of this Regulation];
Or. en
SHORT JUSTIFICATION
The amendments proposed by the rapporteur in her opinion to the EU Regulation on the traceability of cats and dogs aim to significantly strengthen the welfare and protection of these companion animals within the European Union and those imported from third countries. The opinion follows the EU´s “One Health” approach, recognising that the health of humans, domestic and wild animals, plants, and the wider environment (including ecosystems) are closely linked and interdependent.
The rapporteur considers that the amendments address key shortcomings in the EC´s draft Regulation and aim to further improve the identification and registration systems, to better ensure an EU-wide harmonisation of standards tackling the breeding, trading and keeping of dogs and cats, to further promote responsible pet ownership and breeding, and to effectively prevent the illegal trade in these animals to also ensure public health and safety. Ensuring that all cats and dogs are identified and registered with a clear link to their source is essential for monitoring population numbers and trade activities. This transparency helps both authorities to control the trade of these animals and citizens to verify the origin of their future pet within the EU single market. Additionally, these measures align with efforts to enhance disease prevention, protect public health by limiting exposure to zoonotic diseases and safeguard biodiversity by preventing cross-contamination.
The key elements are:
Extending Responsibilities to All Breeders
First, the rapporteur considers a priority to extend the scope to anyone who breeds dogs and cats. All breeders shall register and identify their animals. The obligation shall ensure that every cat and dog can be traced back to its origin, eliminating gaps in accountability and deterring unregulated breeding practices that often compromise animal welfare or pose a risk to the well-being of the prospective pet owner. By including small-scale breeders, the regulation creates a level playing field, ensures a smooth functioning of the internal market for dogs and cats, avoids unnecessary administrative burdens and closes loopholes exploited by illegal operators.
Enhanced Registration and Verification Systems
Secondly, the regulation emphasizes the need for robust and standardized registration systems that include verification mechanisms, particularly for online sales. Online platforms have become major channels for the illegal trade of cats and dogs, often facilitating the sale of animals from unverified sources in poor welfare conditions and also putting the health of consumers at risk. The stricter monitoring and enforcement, combined with mandatory identification and verification of sellers, will help prevent fraudulent activities and ensure compliance with EU standards and a harmonisation within the EU. In order to tackle illegal trade, it is equally important to enhance the registration and identification of dogs and cats. Without a comprehensive registration rule, illegal traders can remain anonymous, preventing authorities from identifying inconsistencies between the breeders´ status and the actual volume of companion animals they are responsible for. Stricter registration requirements allow a clear picture of the animals associated with a single person, or to verify whether they belong to those moving them across borders.
Ban on Selling Cats and Dogs in Pet Shops
Thirdly, the rapporteur considers that this regulation shall prohibit the sale of cats and dogs in pet shops, thus ensuring that hygiene and welfare conditions are respected and that young animals are not separated from their mothers prematurely, which can have detrimental effects on their physical and psychological development, possibly leading to behavioural problems and aggression towards the owner during adulthood. This measure not only improves animal welfare, but also discourages impulse purchases, promoting a more thoughtful and informed approach to acquiring a pet.
Evaluating the Addition of a EU-wide list of Companion Animals
Lastly, the rapporteur suggests that the evaluation process should assess the feasibility of creating an EU-wide list of animals deemed suitable as pets, under appropriate welfare conditions, without harming the wildlife populations in the natural environment and without hampering biodiversity, This list would be based on a thorough evaluation of species-specific welfare needs and the risks associated with their trade and ownership. By establishing such a list, the EU can better regulate the ownership of exotic, traditional or non-traditional pets, ensuring that only species suitable for private care are kept as companions. Such a list would also reduce zoonotic risks to public health and reduce the economic, social and environmental impacts of invasive alien species.
Conclusion
The amendments proposed by the rapporteur in her report reflect the commitment to advancing animal welfare, protecting human health and the safety of dogs and cats from exploitation, and addressing the growing concerns surrounding illegal trade. By enforcing stricter regulations on breeding, registration, and sales, the EU will not only enhance the quality of life for cats and dogs, but also protect public health and the environment and set a global standard for the responsible and humane treatment of animals.
ANNEX: ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR FOR THE OPINION HAS RECEIVED INPUT
Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur for opinion declares that she received input from the following entities or persons in the preparation of the draft opinion:
Entity and/or person
1 Four Paws
2 Eurogroup for Animals
3 Erna-Graff-Stiftung
4 Deutscher Tierschutzbund
5 European Pet Organisations
The list above is drawn up under the exclusive responsibility of the rapporteur for opinion.
Where natural persons are identified in the list by their name, by their function or by both, the rapporteur for opinion declares that she has 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.