SECTION 1 — Pet animals of the species listed in Part A of Annex I
Conditions applicable to the non-commercial movement of pet animals of the species listed in Part A of Annex I
1. Pet animals of the species listed in Part A of Annex I shall not be moved into a Member State from a territory or a third country unless they fulfil the following conditions:
(a)
they are marked in accordance with Article 17(1);
(b)
they have received an anti-rabies vaccination that complies with the validity requirements set out in Annex III;
(c)
they have undergone a rabies antibody titration test that complies with the validity requirements set out in Annex IV;
(d)
they comply with any preventive health measures for diseases or infections other than rabies adopted pursuant to Article 19(1);
(e)
they are accompanied by an identification document duly completed and issued in accordance with Article 26.
2. Pet animals of the species listed in Part A of Annex I may be moved into a Member State from a territory or a third country other than those listed pursuant to Article 13(1) only through a travellers’ point of entry listed as required pursuant to Article 34(3).
3. By way of derogation from paragraph 2, Member States may authorise registered military or search-and-rescue dogs to move through a point of entry other than a travellers’ point of entry provided that:
(a)
the owner or the authorised person has applied in advance for a permit and the Member State has granted such a permit; and
(b)
the dogs undergo compliance checks in accordance with Article 34(2) at a place designated by the competent authority for that purpose and in accordance with the arrangements set out in the permit referred to in point (a) of this paragraph.
Derogation from the anti-rabies vaccination condition for young pet animals of the species listed in Part A of Annex I
1. Subject to paragraph 2, by way of derogation from point (b) of Article 10(1), Member States may authorise the non-commercial movement into their territory from territories or third countries listed pursuant to Article 13(1) or (2) of pet animals of the species listed in Part A of Annex I, which are:
(a)
either less than 12 weeks old and have not received an anti-rabies vaccination; or
(b)
between 12 and 16 weeks old and have received an anti-rabies vaccination, but do not yet meet the validity requirements referred to in point 2(e) of Annex III.
2. The authorisation referred to in paragraph 1 may be granted only if:
(a)
either the owner or the authorised person provides a signed declaration that from birth until the time of the non-commercial movement the pet animals have had no contact with wild animals of species susceptible to rabies; or
(b)
the pet animals are accompanied by their mother, on whom they still depend, and from the identification document accompanying their mother it can be established that, before their birth, the mother received an anti-rabies vaccination which complied with the validity requirements set out in Annex III.
3. The subsequent non-commercial movement into another Member State of pet animals referred to in paragraph 1 of this Article shall be prohibited, except where they are moved in accordance with the conditions laid down in Article 6 or where they have been authorised to be moved in accordance with Article 7 and the Member State of destination has also authorised the movement into its territory from territories or third countries in accordance with paragraph 1 of this Article.
4. The Commission may, by means of an implementing act, adopt rules on the format, layout and languages of the declarations referred to in point (a) of paragraph 2 of this Article. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 41(2).
Derogation from the antibody titration test condition for pet animals of the species listed in Part A of Annex I
1. By way of derogation from point (c) of Article 10(1), the antibody titration test shall not be required for pet animals of the species listed in Part A of Annex I that are being moved into a Member State from a territory or a third country listed pursuant to Article 13(1) or (2):
(a)
either directly;
(b)
following residency exclusively in one or more of those territories or third countries; or
(c)
after transit through a territory or a third country other than those listed pursuant to Article 13(1) or (2), provided that the owner or authorised person provides a signed declaration that during such transit the pet animals have had no contact with animals of species susceptible to rabies and remain secured within a means of transport or within the perimeter of an international airport.
2. The Commission may, by means of an implementing act, adopt rules on the format, layout and languages of the declarations referred to in point (c) of paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 41(2).
Establishment of a list of territories and third countries
1. The Commission shall, by means of an implementing act, adopt a list of territories and third countries which have made an application for entry on the list in which they demonstrate that for pet animals of the species listed in Part A of Annex I, they apply rules, the content and effect of which are the same as those laid down in Section 1 of Chapter II, this Section and Section 2 of Chapter VI and where applicable the rules adopted pursuant to those rules.
2. The Commission shall, by means of an implementing act, adopt a list of territories and third countries which have made an application for entry on the list in which they demonstrate that for pet animals of the species listed in Part A of Annex I, they fulfil at least the following criteria:
(a)
the notification of cases of rabies to the competent authorities is obligatory;
(b)
an effective surveillance system for rabies has been in place for at least two years prior to the application, a minimum requirement of which is an on-going early detection programme to ensure investigation and reporting of animals suspected of having rabies;
(c)
the structure and organisation of their veterinary and control services, and the powers of such services, the supervision to which they are subject and the means at their disposal, including staff and laboratory capacity, are sufficient to:
(i)
apply and enforce national legislation on the non-commercial movement of pet animals effectively; and
(ii)
guarantee the validity of the identification documents in the format provided for in Article 25 and issued in accordance with Article 26;
(d)
rules on the prevention and control of rabies are in force and implemented effectively to minimise the risk of infection of pet animals, including rules on imports of pet animals from other countries or territories, and where appropriate, on:
(i)
the control of the stray dog and cat population;
(ii)
the vaccination of domestic animals against rabies, in particular where rabies is present in vampire bats; and
(iii)
the control and eradication of rabies in wildlife;
(e)
rules are in force on the licensing and marketing of anti-rabies vaccines.
3. The implementing acts referred to in paragraphs 1 and 2 of this Article shall be adopted in accordance with the examination procedure referred to in Article 41(2).
On duly justified imperative grounds of urgency relating to risks to public or animal health, the Commission shall adopt immediately applicable implementing acts updating the list of territories or third countries referred to in paragraphs 1 and 2 of this Article in accordance with the procedure referred to in Article 41(3).
SECTION 2 — Pet animals of the species listed in Part B of Annex I
Conditions applicable to the non-commercial movement of pet animals of the species listed in Part B of Annex I
1. Insofar as the Commission has adopted a delegated act pursuant to Article 19(1) with regard to pet animals of one of the species listed in Part B of Annex I, the non-commercial movement of pet animals of that species into a Member State from a territory or a third country shall be subject to compliance with the conditions laid down in paragraph 2 of this Article.
2. Pet animals referred to in paragraph 1 may be moved into a Member State from a territory or a third country only if they fulfil the following conditions:
(a)
they are marked or described according to the requirements adopted pursuant to Article 17(2);
(b)
they comply with any preventive health measures for diseases or infections other than rabies adopted pursuant to Article 19(1);
(c)
they are accompanied by an identification document duly completed and issued in accordance with Article 31;
(d)
they enter through a travellers’ point of entry when coming from a territory or a third country other than those listed pursuant to Article 15.
3. Pending the adoption of the relevant delegated acts referred to in paragraph 1, Member States may apply national rules to the non-commercial movement of pet animals of the species listed in Part B of Annex I into their territory from a territory or a third country, provided that such rules are:
(a)
applied proportionately to the risk to public or animal health associated with the non-commercial movement of the pet animals of those species; and
(b)
not stricter than those applied to imports of animals of those species in accordance with Directives 92/65/EEC or 2006/88/EC.
Establishment of a list of territories and third countries
The Commission may, by means of an implementing act, adopt a list of territories and third countries which have demonstrated that for pet animals of the species listed in Part B of Annex I, they apply rules the content and effect of which are the same as those laid down in Section 2 of Chapter II, this Section and Section 2 of Chapter VI and where applicable the rules adopted pursuant to those rules.
SECTION 3 — Derogation from the conditions on the non-commercial movement of pet animals
Derogation from the conditions applicable to the non-commercial movement of pet animals between certain countries and territories
By way of derogation from Articles 10 and 14, the non-commercial movement of pet animals between the following countries and territories may continue under the conditions laid down by the national rules of those countries and territories:
(a)
San Marino and Italy;
(b)
the Vatican and Italy;
(c)
Monaco and France;
(d)
Andorra and France;
(e)
Andorra and Spain;
(f)
Norway and Sweden;
(g)
Faeroe Islands and Denmark;
(h)
Greenland and Denmark.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
