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Dog Movement and Trade in the European Union

ENFORCEMENT OF EUROPEAN ANIMAL WELFARE RELATED LEGISLATION 12 and 13 June 2012, Brussels. Dog Movement and Trade in the European Union. New legal perspectives. Sophie Duthoit European Legal Research Officer VIER PFOTEN / FOUR PAWS European Policy Office.

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Dog Movement and Trade in the European Union

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  1. ENFORCEMENT OF EUROPEAN ANIMAL WELFARE RELATED LEGISLATION12 and 13 June 2012, Brussels Dog Movement and Trade in the European Union New legal perspectives Sophie Duthoit EuropeanLegalResearchOfficer VIER PFOTEN / FOUR PAWS European Policy Office A world where humans treat animals with respect, empathy and understanding VIER PFOTEN/FOUR PAWS, European Policy Office 19/11 Avenue de la Renaissance, 1000 Brussels (Belgium) +32 2 740 08 88 sophie.duthoit@vier-pfoten.eu

  2. Dog movement? Practical examples * I’m going on holidays in Spain and I want to take my dog with me * I am a (serious) Belgium breeder and I want to sell legally my dogs in France * I am working for an Animal Welfare Organisation in Bulgaria and I want to rescue stray dogs from killing (due to the new political situation) and send them to Germany for adoption More HumanitytowardsAnimals A world where humans treat animals with respect, empathy and understanding

  3. Facts and Figures – Dogs in Europe and in the Worldwide Source: FEDIAF, 2010 More HumanitytowardsAnimals A world where humans treat animals with respect, empathy and understanding

  4. Facts and Figures - Dogs in privatehouseholds in Europe Source: FEDIAF and EUPAW, 2010 More HumanitytowardsAnimals

  5. Facts and Figures: So called « Straydogs » * Terms and Definitions* Gap of official number per State (part of the problem) 120 Millions estimated in Europesource: CAROdog.eu* Countries and Regionsconcerned:In EU: Southern Europe (Spain, Portugal, Malta) South Eastern Europe (Greece, Hungary, Slovenia, Slovakia, CzechRepublic, Poland, Bulgaria, Romania…) In Europe: Serbia, Macedonia, Moldavia, Belarus, Kosovo, Albania and Ukraine etc. More HumanitytowardsAnimals A world where humans treat animals with respect, empathy and understanding

  6. Facts and Figures - Trade of dogs * Legal Dog Trade * Illegal Dog TradePart of the problem: no official numbers ! More HumanitytowardsAnimals A world where humans treat animals with respect, empathy and understanding

  7. Regulation998/2003 • * Non commercial movement: • Unique European Pet Passport • * Commercial movement (trade): • Directive 92/65 on animal healthrequirements • Regulation 1/2005 on transport of live animals I. EU LEGISLATION IN-FORCE More HumanitytowardsAnimals A world where humans treat animals with respect, empathy and understanding

  8. No definition of commercial / non commercial movement  To avoid the strict requirements of commercial movement, dog traders pretendprivatemovement = IllegalPuppy Trade Derogations for someMemberStates DEFICITS OF REGULATION 998/2003 More HumanitytowardsAnimals A world where humans treat animals with respect, empathy and understanding

  9. 1) Strict interpretation by the EU Commission : Regulation 998/2003 = ONLY a SANITARY regulation (WQ 4080/2003)  This meansthatMember States canstrengthen the rules/ prohibit to enter with a dog on theirterritory 2) Statement of the EU Commission : movement of 5 dogs = COMMERCIAL (Regulation 388/2010)  This meansthat an individualplannifying to travelwith 5 dogswill have to respect strict requirements planned for professionaltraders CONSEQUENCES More HumanitytowardsAnimals A world where humans treat animals with respect, empathy and understanding

  10. SANITARY REQUIREMENTS More HumanitytowardsAnimals

  11. Member States can use theirlegal national competence for non sanitaryrequirements= Legaluncertainty due to diversification of national legislatione.g. Ban of Ferrets in Portugale.g. « Dangerousdogs»e.g. Maximum number of animalsthat an individualisallowed to own NON SANITARY REQUIREMENTS More HumanitytowardsAnimals A world where humans treat animals with respect, empathy and understanding

  12. Movementwithdogs in the EU in practice : a non understandablecomplexity of legalrules for EU Citizens * Owners of more than 5 dogs / Animal Welfare Organisations rescuing dogs = commercial movement = heavy fees and administrative burden * No mandatory registration = no traceability = health risk enabling illegal dog trade STATUS QUO * Derogations for some Member States = « confusion and discomfort amongst travellers » (EU COM, Report of 8.10.2007) More HumanitytowardsAnimals A world where humans treat animals with respect, empathy and understanding

  13. Legal situation *Confusion between EU Court of Justice and EU Commission = Dump of normative content of Regulation 998/2003 * HarmonisedEnforcement is not possible RESULT: Legal uncertainty  for EU citizens who cannot easily understand the legislation and requirements for movement for professionals such as breeders, NGOs and Lawyers STATUS QUO More HumanitytowardsAnimals A world where humans treat animals with respect, empathy and understanding

  14. 2010, Declaration of EU Commission : revision of Regulation 998/2003 foreseen, when derogations accorded to some Member States will be expired 2012, EU Commission: Proposal COM(2012) 89 to revise Regulation 998/2003 CONSEQUENCE Regulation 998/2003 is not working More HumanitytowardsAnimals A world where humans treat animals with respect, empathy and understanding

  15. POSITIVE ASPECTS:- End of derogations- Better understanding of EU rules for citizens- Strengthening of sanctions and controls- All companion animals will have to be identified- Mandatory Registration of passport- Unique ISO code for chipping- Positive point for private owners of more than 5 animals : abolishment of the limit of 5 animals II. THE PROPOSAL TO REVISE REGULATION 998/2003 More HumanitytowardsAnimals A world where humans treat animals with respect, empathy and understanding

  16. NEGATIVE ASPECTS:- New definition of the owner (only a natural person = exclusion of juridical person such as NGOs) (Art 3)- Definition of non commercial movement (no financial gain / no transfer of ownership) = exclusion of cross border adoption (Art 3)- Derogation for movement of puppies of less than 8 weeks (Art 6 and 11)- Derogation for rabies vaccination (Art 7 and 11)- Derogations for tattoos still in force (Art 5)- Lower conditions to kill healthy animals (Art 37) II. THE PROPOSAL TO REVISE REGULATION 998/2003 More HumanitytowardsAnimals A world where humans treat animals with respect, empathy and understanding

  17. NEW REQUIREMENTS OF THE PROPOSAL A world where humans treat animals with respect, empathy and understanding

  18. FOUR PAWS is welcoming that European Commission - has considered problems linked to the Enforcement of Regulation 998/2003 - has planned in the Animal Welfare Strategy a survey on cats and dogs in trade (expected for 2014)Nevertheless, good enforcement and health security will also require: Registration of all companion animals Registration of all breeders Clear rules easily accessible for EU citizen and professionals Better consider Animal Welfare and not only Animal Health POSITION OF VIER PFOTEN / FOUR PAWS More HumanitytowardsAnimals A world where humans treat animals with respect, empathy and understanding

  19. Definitions Use of the term “companion animal “ and “exotic animals kept for private purposes” instead of “pets” Definition of these animalsSeparate chapter for the specific problem of dogs moved to be adopted (cross-border adoption) with specific requirementsAs long as canine overpopulation is not solved, cross border adoption should not be restrained and to save dogs from cruelty DEMANDS OF VIER PFOTEN / FOUR PAWS (I) A world where humans treat animals with respect, empathy and understanding

  20. Killing of healthy animals in case of non compliance, isolation and quarantine UltimaRatio to kill animals, with a clear and acceptable reason, and not only for “practical” reasonsAnimal Welfare requirements for the keeping of non compliant animals (size of boxes, access to food and water, personal care, professional surrounded etc.) DEMANDS OF VIER PFOTEN / FOUR PAWS (II) More HumanitytowardsAnimals A world where humans treat animals with respect, empathy and understanding

  21. Identification and registration of all companion animalsIdentification by transponders should only be done by veterinariansIdentification and Registration of all companion animals in a EU-wide compatible system with common basic data managed by a common network, such as EuropetnetRegistration of all breeders DEMANDS OF VIER PFOTEN / FOUR PAWS (III) More HumanitytowardsAnimals A world where humans treat animals with respect, empathy and understanding

  22. Movement of Animals aged of less than three months Limit movement of puppies aged of less than three months  Vaccination of bitches against rabies before pregnancyDerogation for rabies No derogation for movement of non vaccinated dogs DEMANDS OF VIER PFOTEN / FOUR PAWS (IV) More HumanitytowardsAnimals A world where humans treat animals with respect, empathy and understanding

  23. THANK YOU FOR ATTENTION! More HumanitytowardsAnimals A world where humans treat animals with respect, empathy and understanding

  24. YOUR Questions ARE WELCOME A world where humans treat animals with respect, empathy and understanding For furtherdetails, please do not hesitate to contact us Sophie Duthoit sophie.duthoit@vier-pfoten.eu VIER PFOTEN/FOUR PAWS, European Policy Office 19/11 Avenue de la Renaissance, 1000 Brussels (Belgium)  +32 2 740 08 88

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