Alberto Laddomada Head of Unit G2 Animal Health Directorate-General for Health and Consumers

1. Identification and traceability of dogs and cats:the current EU legal framework and possible future developments Alberto Laddomada Head of Unit G2 Animal Health Directorate-General for Health and Consumers European Commission, Brussels

2. Current EU animal health requirements for dogs and cats • Whenmoved as pets for non-commercial purposesfromoneMemberStateintoanother • Legal base: Regulation (EC) No 998/2003 of EP and Council (replaced and repealedwitheffectfrom 29/12/2014 by Regulation (EU) No 576/2013) • Definition of pets: dogs or cats accompanyingtheirowner (movementtriggered by the owner'smovement) • Passportdocumenting: • Identification • Rabiesvaccination • Dewormingtreatmentwhereappropriate

3. Current EU animal health requirements for dogs and cats • Whenmoved for trade • Legal base: Council Directive 92/65/EEC • Passportdocumenting: • Identification • Rabiesvaccination(derogationforexperiments) • Dewormingtreatmentwhereappropriate • Clinicalexamination • HealthCertificateforconsignment • Notification of the movement to the Member State of destination throughTRACES (traceability of consignment)

4. Current EU animal welfare requirements for dogs and cats • Whenmoved as pets for non-commercial purposes • none • Whenmoved for trade • transportRegulation (Regulation (EC) No 1/2005) - age limit

5. Regulation (EU) No 576/2013 of EP and Council • Identification requirementswhenmovedfrom one Member State to another: status quo • No registration requirements • Commission statementin the context of the European Union Strategy for the Protection and Welfare of Animals

6. Statement by the Commission • Within the framework of the European Union Strategy for the Protection and Welfare of Animals1, the Commission will study the welfare of dogs and cats involved in commercial practices. • If the outcome of that study indicates health risks arising from those commercial practices, the Commission will consider appropriate options for the protection of human and animal health, including proposing to the European Parliament and to the Council appropriate adaptations to current Union legislation on trade in dogs and cats, including the introduction of compatible systems for their registration accessible across Member States. • In light of the above, the Commission will assess the feasibility and appropriateness of an extension of such registration systems to dogs and cats marked and identified in accordance with Union legislation on non-commercial movements of pet animals. • 1 COM(2012) 6 final/2 Communication from the Commission to the European Parliament, the Council and the European Economic and Social Committee on the European Union Strategy for the Protection and Welfare of Animals 2012-2015

7. Proposal for a new Regulation on animal health • Legal bases • Article 43 TFEU • implementing the common agricultural policy • Article 114 • establishment and functioning of the internal market: smooth and safe • Article 168(2)(b) • measures in the veterinary and phytosanitary fields which have as their direct objective the protection of public health

8. Proposal for a new Regulation on animal health • Legal bases • Article 43 TFEU • implementing the common agricultural policy • Article 114 • establishment and functioning of the internal market: smooth and safe • Article 168(2)(b) • measures in the veterinary and phytosanitary fields which have as their direct objective the protection of public health

9. Article 13 of TFEU • "In formulating and implementing the Union's agriculture, fisheries, transport, internal market, research and technological development and space policies, the Union and the Member States shall, since animals are sentient beings, pay full regard to the welfare requirements of animals, while respecting the legislative or administrative provisions and customs of the Member States relating in particular to religious rites, cultural traditions and regional heritage." • Not a legal base to act

10. Proposal for a new Regulation on animal health • Communicable diseases • Principles - Fit for decades to come • Comprehensive, consistent, coherent, simplified and transparent • All the possible tools and interventions • Flexible and allows rapid reaction to events • Delegated/implementing acts Evolution not revolution

11. Proposal for a new Regulation on animal health Main changes • Broadening of the scope: both kept and wild animals • Categorization and prioritisation of diseases • Improved response to emerging diseases • Enhanced surveillance and disease reporting • Officialcontrols anotherproposalincluding "New TRACES"

12. Proposal for a new Regulation on animal health • Key Articles for dogs and cats • Article 112 marking and identification document • When moved as pets from one Member State into another • Article 113 marking and identification document • When moved for trade • Operators obligations • Possibility for further identification and treacability measures (in the framework of the legal bases and objectives of the Regulation)

13. Traceability of dogs and cats – Key considerations • - Proportionality • - Subsidiarity

14. Key considerations • - Problem identification • - Objectives • - Options • - Impacts • - Trade-offs between options • Essential start: solid data and arguments • Sum of "small" problems ≠ one valid problem • NEED FOR CLEAR EU ADDED VALUE

15. Traceability of dogs and cats - Problem definition • Describe the nature and extent of the problem • Identify the key players/affected populations • Establish the drivers and underlying causes • Is the problem in the Union's remit to act? Does it pass the necessity and value added test? • Develop a clear baseline scenario

16. Traceability of dogs and cats – Which level and which policy area is to act? • Has the EU right to take action? • Is the issue linked to at least one of the legal bases (policies) of the Treaty, and the objectives it sets out? • If so, is it for: • A regulation on animal health? • A regulation on animal welfare? • A regulation on protection of consumer interest? • A regulation on protection of operators' interest?

17. Traceability of dogs and cats – The subsidiarity principle • Why can the objectives of the proposed action not be achieved sufficiently by Member States? (necessity test) • As a result of this, can objectives be better achieved by action by the EU? (test of EU Value Added)

18. Traceability of dogs and cats – The proportionality principle • Community action should be as simple as possible and leave as much scope for national decision as possible, and should respect well established national arrangements and legal systems. • Does the option go beyond what is necessary to achieve the objective satisfactorily? • Is the scope of action limited to those aspects that Member States cannot achieve satisfactorily on their own, and where the Union can do better? (boundary test)? • If the initiative creates a financial or administrative cost for the Union, national governments, regional or local authorities, economic operators or citizens, is this cost minimised and proportionate with the objective to be achieved?

19. THE STUDY • To determine to which extent further EU intiatives on identification and traceability of pets are necessary to achieve EU objectives like better functioning of the single market and better public and animal health

20. THE STUDY • Timeframe • - to be launched within 2013 • - to be completed by 2014

21. Closing remarks • - EU policy on pet identification and traceability finalized to the facilitation of non-commercial movements of pets has been successful • - Further steps in this field needs to be based on solid data