Source: European Parliament
| Text proposed by the Commission |
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Amendment |
Amendment 1
Proposal for a regulation
Recital 1 |
| (1) Live animals, including cats and dogs are covered by Annex I to the Treaty on the Functioning of the European Union and form part of the common agricultural policy of the Union. There is a market for these animals in the Union, including substantial cross-border trade. Many Member States are signatories to the European Convention for the Protection of Pet Animals. There is a wide range of evidence of sub-optimal functioning of the internal market for dogs and cats in the Union as well as of illegal trade in these animals within the Union and at import into the Union. Therefore, it is necessary to establish minimum requirements for the welfare of dogs and cats bred and kept in establishments, as well as strengthened requirements regarding the traceability of dogs and cats supplied in the Union. |
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(1) Live animals, including cats and dogs are covered by Annex I to the Treaty on the Functioning of the European Union, form part of the common agricultural policy of the Union and their welfare should be protected. There is a market for these animals in the Union, including substantial cross-border trade. Many Member States are signatories to the European Convention for the Protection of Pet Animals. There is a wide range of evidence of sub-optimal functioning of the internal market for dogs and cats in the Union as well as of illegal trade in these animals within the Union and at import into the Union. Therefore, considering the findings on animals, which recognise their capacity for emotions, pain and social interactions, it is necessary to establish minimum requirements for the welfare of dogs and cats that are bred and kept in establishments, as well as strengthened requirements regarding the traceability of dogs and cats placed on the Union market. |
Amendment 2
Proposal for a regulation
Recital 2 |
| (2) The absence of Union welfare provisions on breeding, keeping and placing on the market of dogs and cats, as well as divergent national rules where they exist, have very often led to those animals being born, bred and sold or adopted at no cost, in circumstances detrimental to their welfare. Competition between commercial breeders of dogs and cats in different Member States is not conducted on a level playing field because animal welfare conditions are one of the main elements of the competitiveness of these operators and they differ considerably between Member States. As a consequence, competition is distorted, especially for high standards breeders and keepers, which are unable to monetise their investments into animal welfare when they trade cross border because they are confronted with operators that profit from sub-standard animal welfare conditions to exert competition and drive prices and standards down. |
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(2) Dogs and cats, with its own unique biological and behavioural needs, are traded and kept as pets in the Union. The absence of Union welfare provisions on breeding, keeping and placing on the market of dogs and cats, as well as divergent national rules where they exist, have sometimes led to those animals being born, bred and sold or adopted at no cost, in circumstances which could have serious detrimental consequences to their welfare. Competition between commercial breeders of dogs and cats in different Member States is not conducted on a level playing field because animal welfare conditions are one of the main elements of the competitiveness of these operators and they differ considerably between Member States. As a consequence, competition is distorted, especially for high standards breeders and keepers, which are unable to monetise their investments into animal welfare when they trade cross border because they are confronted with operators that profit from sub-standard animal welfare conditions to exert competition and drive prices and standards down. |
Amendment 3
Proposal for a regulation
Recital 3 |
| (3) Also, consumers are insufficiently protected as they are often confronted, when acquiring a dog or a cat, with the negative consequences of the poor welfare conditions in which the animals have been bred and kept in the establishments, such as health problems, behavioural problems or genetic defects of the dog or cat purchased or acquired. |
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(3) Also, consumers are insufficiently protected as they are often confronted, when acquiring a dog or a cat, with the negative consequences of the poor welfare conditions in which the animals have been bred and kept in the establishments, such as health problems, behavioural problems or genetic defects of the dog or cat purchased or acquired. To support informed consumer choices and promote compliance with Union rules, it is essential to inform the public and raise awareness of the difference between responsible and non-compliant or unlawful breeding practices. |
Amendments 280 and 307
Proposal for a regulation
Recital 3 a (new) |
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(3a) While several Member States have already introduced positive lists at national level to regulate the private ownership of animals, the absence of a common Union framework of 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, leads to inconsistencies, gaps in enforcement, confusion for consumers and, often, to serious animal welfare consequences for species that are unsuitable to be kept as pets, as well as risks to biodiversity, human health and safety and nature conservation. |
Amendment 308
Proposal for a regulation
Recital 3 b (new) |
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(3b) 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. In doing so, it is essential to ensure an assessment of the impact on animals, including their welfare, behaviour, dietary needs, and veterinary care, in order to avoid situations that could cause unnecessary suffering, inappropriate living conditions, or endangerment of species. |
Amendment 4
Proposal for a regulation
Recital 4 a (new) |
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(4a) Cooperation between Member States should be enhanced in order to identify illegal breeding establishments, dismantle associated networks, and ensure effective enforcement of applicable rules. Strengthening cross-border collaboration, information exchange and coordinated inspections is essential to address the transnational nature of certain illegal activities and to protect animal welfare and consumer interests across the Union. |
Amendment 5
Proposal for a regulation
Recital 4 b (new) |
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(4b) The number of companion animals in the Union has increased significantly over recent years, reflecting the strong attachment of Union citizens to the welfare of dogs and cats. In light of developments in animal welfare science, the Union and its Member States should be encouraged to promote a legal approach that reflects not only the status of animals as property, but also the ethical responsibility of humans towards their welfare and protection. |
Amendment 6
Proposal for a regulation
Recital 6 |
| (6) Illegal trade of dogs and cats has developed in part due to lack of traceability of these animals to the original litter. In turn, illegal trade practices are associated with suffering of dogs and cats subject to uncontrolled breeding practices. It is not possible to ensure that operators abide by the same standards of animal welfare, and to ensure uniform conditions of competition in the internal market in relation to the supplying of dogs and cats without reliable means to trace the animals to their origin. It is therefore crucial to ensure the traceability of dogs and cats by a system that identifies and registers dogs and cats before their first supplying in the Union as well as each time there is a change of ownership of the animals. |
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(6) Illegal trade of dogs and cats has developed in part due to lack of traceability of these animals to the original litter and to consumers’ enthusiasm for these animals, facilitated by the development of online purchasing. In turn, illegal trade practices are associated with suffering of dogs and cats subject to uncontrolled breeding practices. It is not possible to ensure that operators abide by the same standards of animal welfare, and to ensure uniform conditions of competition in the internal market in relation to the placing on the market of dogs and cats without reliable means to trace the animals to their origin. It is therefore crucial to ensure the traceability of dogs and cats by a system that identifies and registers dogs and cats before their first placing on the Union market as well as each time there is a change of ownership of the animals. |
Amendment 309
Proposal for a regulation
Recital 6 a (new) |
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(6a) This Regulation introduces mandatory registration, reinforced controls on online sales, and enhanced traceability of dogs and cats, with transition periods of up to 10 years in order to allow the relevant authorities to prepare. It further stresses the importance of Union-wide standards for responsible breeding to prevent detrimental health and welfare impacts on dogs and cats. This Regulation addresses these issues by establishing clear welfare requirements and ensuring that breeding practices uphold the highest standards. |
Amendment 7
Proposal for a regulation
Recital 7 |
| (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. |
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(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 or persons responsible for 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. |
Amendment 8
Proposal for a regulation
Recital 8 |
| (8) The traceability provisions of this proposal also contribute to the protection of public health via better animal welfare, better animal health, and better controls on the possible transmission of animal diseases (some of which being of zoonotic nature), this following a One Health approach. |
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(8) The traceability provisions of this proposal also contribute to the protection of public health via better animal welfare, better animal health, and better controls on the possible transmission of animal diseases (some of which being of zoonotic nature, some of which transmitting to wildlife, this following a One Health approach. |
Amendment 9
Proposal for a regulation
Recital 8 a (new) |
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(8a) Regulation (EU) 2016/429 of the European Parliament and of the Council regulates transmissible animal diseases for the purpose of avoiding the spread of such diseases in the Union. The health of animals is one of the five domains of animal welfare, and thus addressed in this Regulation. However, this Regulation does not address the diseases listed in Regulation (EU) 2016/429, but rather the state of health of dogs and cats as shaped by non-communicable diseases (for example injuries) or non-listed diseases (for example certain parasites). The rules laid down in this Regulation are therefore complementary to Regulation (EU) 2016/429 and do not duplicate or overlap with the rules laid down in that Regulation. |
Amendment 10
Proposal for a regulation
Recital 10 |
| (10) Regulation (EU) 2016/429 requires the identification of dogs and cats with a transponder but only if they are subject to movements between Member States entered into the Union. The identification required by that Regulation is not fully harmonised as it does not include precise standards regarding transponders. Furthermore, that Regulation does not require Member States to keep databases of dogs and cats. Therefore, Member States should be required to establish and maintain databases of dogs and cats supplied in the Union market to ensure the traceability of these animals. It is also necessary to ensure the interoperability of these databases. This will facilitate finding information on dogs and cats across the Union, as well as enable competent authorities to carry out official controls to ensure compliance with animal welfare rules. |
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(10) Regulation (EU) 2016/429 requires the identification of dogs and cats with a transponder but only if they are subject to movements between Member States entered into the Union. The identification required by that Regulation is not fully harmonised as it does not include precise standards regarding transponders. Furthermore, that Regulation does not require Member States to keep databases of dogs and cats. 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 facilitate finding information on dogs and cats across the Union, as well as enable competent authorities to carry out official controls to ensure compliance with animal welfare rules. |
Amendment 11
Proposal for a regulation
Recital 11 |
| (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. |
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(11) The placing on the market 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 and selling establishments, pet foster homes or animal shelters should be subject to detailed rules. The military, police or customs that breed or keep dogs for their own services’ use are not in such situation as they do not carry out their breeding or keeping activities for the market. |
Amendment 12
Proposal for a regulation
Recital 11 a (new) |
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(11a) The occasional supply of puppies and kittens by their owners who keep dogs or cats for personal or familial enjoyment and companionship and without any commercial intent or purpose, does not have a significant impact on the internal market and it is therefore justified to exclude such supply activities from the scope of application of this Regulation. |
Amendment 13
Proposal for a regulation
Recital 13 |
| (13) Directive 2010/63/EU of the European Parliament and of the Council4 regulates the keeping, breeding and supply of animals kept for scientific purposes including dogs and cats. Dogs and cats intended for scientific purposes should therefore be excluded from the scope of application of this Regulation. |
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(13) Directive 2010/63/EU of the European Parliament and of the Council4 regulates the keeping, breeding and supply of animals kept for scientific purposes including dogs and cats. Regulation (EU) 2019/6 of the European Parliament and of the Council regulates clinical trials for veterinary medicinal products involving the use of animals, including dogs and cats. Dogs and cats intended or used for scientific purposes as well as dogs and cats used in clinical trials required for the marketing authorisation of veterinary medicinal products should therefore be excluded from the scope of application of this Regulation. |
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| 4 Directive 2010/63/EU of the European Parliament and of the Council of 22 September 2010 on the protection of animals used for scientific purposes (OJ L 276, 20.10.2010, p. 33). |
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4 Directive 2010/63/EU of the European Parliament and of the Council of 22 September 2010 on the protection of animals used for scientific purposes (OJ L 276, 20.10.2010, p. 33). |
Amendment 14
Proposal for a regulation
Recital 14 |
| (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. |
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(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 used for agricultural purposes, such as herding, guarding livestock, farm protection, or for placing on the market or supply, this Regulation should exempt 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. Stray cats that roam freely and that keep rodent populations in check, have long been part of this rural balance and serve a functional and symbiotic role on agricultural holdings. Rural and remote areas, where access to veterinary services and compliance infrastructure may be limited, as well as the need to avoid imposing a disproportionate burden on farmers and small-scale breeders, should be duly taken into account. |
Amendment 15
Proposal for a regulation
Recital 17 |
| (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. |
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(17) Moreover, in the Union market different types of operators carrying out different types of activities place dogs and cats on the market. Aside from commercial breeders there are selling establishments 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 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. |
Amendment 16
Proposal for a regulation
Recital 19 |
| (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. |
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(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 place 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. Providing such information could assist buyers in making informed and responsible choices. There is evidence that the number of animals placed on the Union market by shelters is significant, in particular for cats. There is also evidence that animals are placed on the market 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 place dogs or cats on the Union market against payment, 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. |
Amendment 17
Proposal for a regulation
Recital 19 a (new) |
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(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 the establishment of a contractual relationship between the operator and the foster family. |
Amendment 18
Proposal for a regulation
Recital 20 |
| (20) In addition, given the significant numbers of animals supplied in the Union by shelters, and the need to ensure the achievement of the objectives of this Regulation regarding traceability and prevention of illegal trade, shelters should also be subject to the requirements of this Regulation concerning identification and registration of dogs and cats, regardless of whether or not their activity can be considered economic in nature. |
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(20) In addition, given the significant numbers of animals placed on market in the Union by shelters, and the need to ensure the achievement of the objectives of this Regulation regarding traceability and prevention of illegal trade, shelters should also be subject to the requirements of this Regulation concerning identification and registration of dogs and cats, regardless of whether or not their activity can be considered economic in nature. Operators responsible for shelters should be encouraged to take appropriate measures to prevent reproduction of the dogs or cats kept in shelters. |
Amendment 19
Proposal for a regulation
Recital 23 |
| (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. |
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(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. |
Amendment 278
Proposal for a regulation
Recital 24 |
| (24) Well trained and skilled staff are essential for improving the welfare conditions of animals. Competencies in animal welfare require knowledge of the basic behavioural patterns and needs of the species concerned. Animal caretakers should have the competencies in animal welfare relevant to their tasks and the animals they handle, in order to avoid inflicting pain, distress and suffering on dogs and cats. |
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(24) The distress and suffering of dogs and cats during training activities by untrained or poorly educated handlers can have detrimental effects on the behavioural patterns of dogs and cats, with possible risks to human health and safety and the environment. Therefore, well trained and skilled staff are essential for improving the welfare conditions of animals, including when breeding, keeping and handling dogs intended for military, police and customs services. Competencies in animal welfare require knowledge of the basic behavioural patterns and needs of the species concerned. Animal caretakers should have the competencies in animal welfare relevant to their tasks and the animals they handle, in order to avoid inflicting pain, distress and suffering on dogs and cats. Animal caretakers and relevant authorities, including government agencies should regularly update their competences through training programmes promoting training methods such as ‘operant conditioning’, prioritising positive reinforcement, instead of methods based on punishment. |
Amendment 21
Proposal for a regulation
Recital 25 |
| (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. |
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(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 a number of dogs and cats that exceeds a certain threshold dogs and cats should therefore receive an 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, thereafter the visits from a veterinarian shall take place when appropriate, based on a risk analysis by the competent authorities. |
Amendment 22
Proposal for a regulation
Recital 25 a (new) |
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(25a) In order to ensure high level of animal welfare veterinarians maintain an appropriate degree of professional independence from the operator, as well as comprehensive education and ongoing training to stay abreast of scientific and professional advances. This training may, as appropriate, also encompass elements related to recognising instances of violence and animal abuse. |
Amendment 23
Proposal for a regulation
Recital 25 b (new) |
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(25b) Where veterinarians encounter circumstances during their animal health and welfare visits that could seriously affect the welfare of dogs or cats, they are encouraged, where appropriate, to notify the relevant authorities or to consider conducting a follow-up visit to assess the situation. |
Amendment 24
Proposal for a regulation
Recital 25 c (new) |
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(25c) Ending the life of dogs and cats should preferably be assisted by a veterinarian using methods that minimise pain and distress. In exceptional cases, such as when a hunting or livestock guardian dog is severely injured in a remote location where veterinary help is not accessible, other methods may be used, provided they minimise suffering to the greatest extent possible. |
Amendment 25
Proposal for a regulation
Recital 26 |
| (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. |
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(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. |
Amendment 26
Proposal for a regulation
Recital 26 a (new) |
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(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. |
Amendment 27
Proposal for a regulation
Recital 27 |
| (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. |
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(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. |
Amendment 28
Proposal for a regulation
Recital 29 a (new) |
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(29a) Scientific evidence confirms that consistent access to adequate nutrition and hydration is fundamental for the welfare of dogs and cats. It is therefore appropriate to lay down minimum requirements for operators in this respect. Feeding and drinking facilities should be kept clean, and designed, constructed and installed in such a way as to ensure equal access for all animals, thus minimising competition and avoiding agonistic behaviour. Such facilities should also be designed to minimise spillage, prevent contamination of feed and water with harmful substances, and avoid any risk of harm to dogs and cats. |
Amendment 29
Proposal for a regulation
Recital 30 |
| (30) Scientific evidence is clear about the necessity for dogs and cats of having enough space to express their natural behaviour and having normal social interactions. This is not possible where animals are kept in confinement and in cages. The keeping of dogs and cats in cages should therefore be prohibited. |
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(30) Scientific evidence is clear about the necessity for dogs and cats of having enough space to express their natural behaviour and having normal social interactions. This is not possible where animals are kept in confinement and in containers for long periods. The keeping of dogs and cats in containers for long periods should therefore be prohibited, except if needed for the transport and temporary, short term isolation of individual dogs and or cats and during the participation in shows, exhibitions and competitions, for puppies or kittens with reduced thermoregulation capacity or puppies or kittens together with their mothers provided that stress is minimised and suffering due to extreme temperatures is avoided and the dogs and cats are able to stand and lie down in a natural position. |
Amendment 30
Proposal for a regulation
Recital 33 |
| (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. |
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(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 litters within a period of 2 years should be allowed, followed by an adequate recuperation period, which should not be less of 1 year for bitches and queens that have delivered 3 litters, including stillborns, within a period of 2 years. 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. All females used for reproduction should be regularly monitored by a veterinarian. |
Amendment 31
Proposal for a regulation
Recital 34 a (new) |
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(34a) Member States should lay down rules on effective, proportionate and dissuasive sanctions for non-compliance with this Regulation, including cases of abandonment of dogs and cats by operators. Breeding establishments that engage in abusive practices compromising animal welfare should, in particular, be subject to strong and dissuasive penalties. Such practices should be unequivocally condemned, and responsible persons should be prevented from continuing their activities in any Member State. Competent authorities should ensure that animals kept in such establishments are promptly removed and provided with appropriate care and protection. |
Amendment 32
Proposal for a regulation
Recital 36 |
| (36) Procedures with the purpose of altering the appearance of or preventing certain behaviours of cats and dogs, such as ear cropping, tail docking, removal of claws and resection of vocal cords, have a serious negative impact on the welfare of cats and dogs. These procedures cause pain and prevent cats and dogs from expressing innate behaviours. For this reason, they should only be allowed if performed by a veterinarian and only when necessary for medical reasons. |
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(36) Procedures with the purpose of altering the appearance of or preventing certain behaviours of cats and dogs, such as ear cropping, tail docking, removal of claws and resection of vocal cords, have a serious negative impact on the welfare of cats and dogs. These procedures cause pain and prevent cats and dogs from expressing innate behaviours. For this reason, they can only be allowed if performed by a veterinarian and only when necessary for medical reasons. However, for certain breeds, f.e. for hunting dogs, such procedures could be allowed for prophylactic, diagnostic and/or therapeutic reasons, and only if carried out by a veterinarian. In specific contexts and regions of Europe, tail docking may also be justified to prevent tail injuries, provided it is based on a full and thorough medical evaluation. |
Amendment 33
Proposal for a regulation
Recital 36 a (new) |
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(36a) Dogs used in the military, police and customs services normally undergo a very specific type of training to be prepared in the interest of national security. In order to have the possibility to attain the training deemed most appropriate, Member States should be able to grant derogations for dogs kept in breeding or selling establishments which are destined to be military, police or custom dogs. |
Amendment 34
Proposal for a regulation
Recital 37 |
| (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. |
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(37) Prior inspection of establishments 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 the limited availability of official veterinarians in Member States, it is not proportionate to require prior on-site inspection and approval for all establishments so that official veterinarians should focus on establishments representing a higher risk from the point of view of animal welfare. 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. |
Amendment 35
Proposal for a regulation
Recital 38 |
| (38) Some operators placing on the market dogs and cats, or shelters supplying dogs and cats, encourage potential customers to buy at any cost using emotional arguments, without mentioning to the potential owner the consequences of owning a pet animal. Other operators or shelters insist on the responsibility attached to pet ownership and this has the effect of limiting their ability to sell animals. This discrepancy of attitudes of operators tends to advantage less responsible operators, leading to distortions of competition despite the importance for animal welfare and public order of informing customers about their responsibility when buying a dog or a cat. It is therefore justified to require that all suppliers of dogs and cats in the Union market for use as pets inform future owners on their responsibility. In addition, where the supply of a dog or cat is facilitated by online means, an appropriate warning should accompany the online advertisement to efficiently convey the message of responsible ownership. |
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(38) Some operators placing on the market dogs and cats encourage potential customers to buy at any cost using emotional arguments, without mentioning to the potential owner the consequences of owning a pet animal. Other operators or shelters insist on the responsibility attached to pet ownership and this has the effect of limiting their ability to sell animals. This discrepancy of attitudes of operators tends to advantage less responsible operators, leading to distortions of competition despite the importance for animal welfare and public order of informing customers about their responsibility when buying a dog or a cat. It is therefore justified to require that all operators placing of dogs and cats in the Union market for use as pets inform future owners on their responsibility. In addition, where the placing on the market of a dog or cat is facilitated by online means, an appropriate warning should accompany the online advertisement to efficiently convey the message of responsible ownership. |
Amendment 36
Proposal for a regulation
Recital 39 |
| (39) Illegal trafficking and fraudulent practices in relation to the sale or transfer of dogs and cats for adoption is facilitated by the absence of traceability given the lack of identification and registration requirements for those animals. Furthermore, fraudulent practices may appear when the systems for the identification and registration of dogs and cats are not harmonised or cannot be easily operated because technical systems are not interoperable. It is therefore essential to harmonize the standards for the means of identification and registration and to ensure that the identification and registration of dogs and cats is completed before the animal is supplied in the Union for the first time. Suppliers of dogs and cats should provide evidence of identification and registration in one of the databases established by Member States for this purpose, before the first placing on the market of the animal in the Union. Subsequently, at every change of ownership or responsibility for the animal, the supplier must provide proof of identification and registration of the animal in one of the databases. For the sake of proportionality, natural persons supplying dogs and cats occasionally by other means than online platforms should not be subject to this obligation. |
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(39) Illegal trafficking and fraudulent practices in relation to the sale or transfer of dogs and cats for adoption is facilitated by the absence of traceability given the lack of identification and registration requirements for those animals. Furthermore, fraudulent practices may appear when the systems for the identification and registration of dogs and cats are not harmonised or cannot be easily operated because technical systems are not interoperable. It is therefore essential to harmonize the standards for the means of identification and registration and to ensure that the identification and registration of dogs and cats is completed before the animal placed on the Union market for the first time. Natural or legal persons placing of dogs and cats should provide evidence of identification and registration in one of the databases established by Member States for this purpose, before the first placing on the market of the animal in the Union. Subsequently, at every change of ownership or responsibility for the animal the change should be registered accordingly in one of the databases. For the sake of proportionality, natural persons supplying dogs and cats occasionally by other means than online platforms should not be subject to this obligation. |
Amendment 37
Proposal for a regulation
Recital 40 |
| (40) Suppliers of dogs and cats should not only provide evidence of identification, showing a document referring to the code of the transponder implanted in the animal but also evidence of the registration of that animal into an official database. This allows key information about the animal to be passed on to the new owner and ensures traceability. |
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(40) Natural or legal persons placing dogs and cats on the Union market should not only provide evidence of identification, showing a document referring to the code of the transponder implanted in the animal but also evidence of the registration of that animal into an official database. This allows key information about the animal to be passed on to the new owner and ensures traceability. |
Amendment 38
Proposal for a regulation
Recital 41 |
| (41) As most dogs and cats are currently offered for sale or donation by means of listings placed on online platforms, providers of online platforms should act diligently when intermediating access to dogs and cats. Therefore, without prejudice to Regulation (EU) 2022/2065, online platforms should be required to adapt the modalities of their listings for dogs and cats so that suppliers provide proofs of the identification and registration of the dogs and cats intended for sale or donation. In addition, the Commission should ensure the development of a system publicly available free of charge allowing to verify the authenticity of the identification and registration of a dog or a cat. This measure aims to better combat fraud by improving the traceability of dogs and cats supplied in the Union to their origin, allowing better controls by competent authorities and ultimately improving the welfare of these animals. This should not amount to an obligation for online platforms to generally monitor the listings offered through their platform, nor to a general fact-finding obligation aimed at assessing the accuracy of the identification and registration prior to the publication of the offer. |
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(41) As most dogs and cats are currently offered for sale or donation by means of advertisements placed on online platforms, providers of online platforms should act diligently when intermediating access to dogs and cats. Therefore, without prejudice to Regulation (EU) 2022/2065, online platforms should be required to adapt the modalities of their advertisements for dogs and cats so that natural or legal persons placing dogs or cats on the Union market provide proofs of the identification and registration of the dogs and cats intended for sale or donation. In addition, the Commission should ensure the development of a system publicly available free of charge allowing to verify the authenticity of the identification and registration of a dog or a cat. This measure aims to better combat fraud by improving the traceability of dogs and cats placed on the Union to their origin, allowing better controls by competent authorities and ultimately improving the welfare of these animals. This should not amount to an obligation for online platforms to generally monitor the listings offered through their platform, nor to a general fact-finding obligation aimed at assessing the accuracy of the identification and registration prior to the publication of the offer. |
Amendment 39
Proposal for a regulation
Recital 43 |
| (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. |
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(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. |
Amendment 40
Proposal for a regulation
Recital 44 a (new) |
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(44a) In order to streamline cross-border movements of identified and registered dogs and cats, and to ensure timely access by veterinarians to relevant medical information, Member States are encouraged to establish a digital passport system. This digital document should include essential data on the animal’s identification and vaccination status, thereby enhancing both animal health management and administrative efficiency. |
Amendment 41
Proposal for a regulation
Recital 44 b (new) |
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(44b) The data protection in relation to the processing of personal data is a fundamental right. Regulation (EU) 2018/1725 of the European Parliament and of the Council lays down rules on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data. Regulation (EU) 2016/679 of the European Parliament and of the Council applies to the processing of personal data carried out by Member States in the course of the relevant procedures. |
Amendment 42
Proposal for a regulation
Recital 44 c (new) |
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(44c) The data protection in relation to the processing of personal data is a fundamental right. Regulation (EU) 2018/1725 of the European Parliament and of the Council lays down rules on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data. Regulation (EU) 2016/679 of the European Parliament and of the Council applies to the processing of personal data carried out by Member States in the course of the relevant procedures. The roles of the Commission and of the Member States in relation to the processing of personal data in cases under this Regulation need to be defined clearly in order to ensure a high level of data protection. |
Amendment 43
Proposal for a regulation
Recital 46 |
| (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. |
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(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. |
Amendment 44
Proposal for a regulation
Recital 46 a (new) |
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(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. |
Amendment 45
Proposal for a regulation
Recital 47 |
| (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. |
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(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 recital 46 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. |
Amendment 46
Proposal for a regulation
Recital 47 a (new) |
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(47a) In order to effectively trace the origin of the dog or a cat in the third country and to address illegal imports into the Union and fraudulent practices under the pretext of non-commercial movements as defined by Union Animal Health rules, it is important that dogs and cats are imported from third countries in compliance with this Regulation as regards their registration into a Member State database within 2 working days after their entry into the Union. |
Amendment 47
Proposal for a regulation
Recital 48 |
| (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. |
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(48) In order to take into account technical progress and scientific developments, especially the opinions of the European Food Safety Authority (EFSA), 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 Article 6a of this Regulation to define the characteristics of genotypes, phenotypes, and excessive conformational traits that should be excluded from reproduction, so that breeding strategies do not result in genotypes that have detrimental effects on the health or welfare of the dogs and cats. In the context of aesthetic shows, exhibitions, and competitions, after considering both EFSA’s scientific opinion and the specific social and economic circumstances of the sector, the delegated acts should reflect a progressive and balanced approach, in order to ensure proportionate and practically achievable implementation.” |
Amendment 48
Proposal for a regulation
Recital 52 – indent 2 |
| – Article 17(5) to specify the information to be provided by suppliers as proof of identification and registration of dogs and cats, both in cases where they are offered through online platforms and by other means; |
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deleted |
Amendment 49
Proposal for a regulation
Recital 52 – indent 6 |
| – Article 21(5) to establish a procedure for the recognition by the Union of equivalence of the conditions under which dogs and cats are bred and kept in establishments in a third country which intends to export animals to the Union, with the provisions of this Regulation regarding establishments. |
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deleted |
Amendment 50
Proposal for a regulation
Recital 53 a (new) |
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(53a) The Member states may consider raising awareness about animal welfare and responsible animal care. |
Amendment 51
Proposal for a regulation
Recital 55 |
| (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. |
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(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 asses the technological and scientific developments that have occurred, including 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. |
Amendments 282 and 311
Proposal for a regulation
Article 1 – paragraph 1 – point b |
| (b) the traceability of dogs and cats placed on the Union market or supplied in the Union. |
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(b) the traceability of dogs and cats bred or kept in the Union or placed on the Union market. |
Amendment 53
Proposal for a regulation
Article 2 – paragraph 1 |
| 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. |
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1. This Regulation shall apply to the breeding, keeping, placing on the market and entry into the Union of dogs and cats. |
Amendment 54
Proposal for a regulation
Article 2 – paragraph 2 |
| 2. This Regulation shall not apply to the breeding, keeping, placing on the market or supplying of dogs or cats intended for scientific purposes. |
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2. This Regulation shall not apply to the breeding, keeping, placing on the market or supplying of dogs or cats intended for scientific purposes or for clinical trials required for the marketing authorisation of veterinary medicinal products. |
Amendment 55
Proposal for a regulation
Article 2 – paragraph 2 a (new) |
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2a. This Regulation shall not apply to: |
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– natural persons who keep dogs or cats for personal or familial enjoyment and companionship, and who allow such animals to reproduce, limited to a maximum of one litter per species per household, per 18 months, without placing them on the market; |
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– and to agricultural holdings, with the exception of the provisions laid down under Article 5. |
Amendment 284
Proposal for a regulation
Article 2 – paragraph 2 b (new) |
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2b. Notwithstanding paragraph 2 of this Article, the requirements relating to identification and registration laid down in Article 17 shall apply to all dogs and cats held under the responsibility of natural persons. |
Amendment 56
Proposal for a regulation
Article 3 – paragraph 1 – point 1 a (new) |
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1a. ‘Dogs that perform specific, working or professional activities’: means those animals which, having been selected for their physical, instinctive and temperamental qualities, are trained to assist people in a regulated activity or specific task, such as those used for hunting, working, herding, rescue, assistance or for sporting purposes or those used by law enforcement agencies, as well as guide animals, guide dogs or animals intended for zootherapy that have been trained in centres or by specialised professionals to support, guide and assist people with functional diversities; |
Amendment 57
Proposal for a regulation
Article 3 – paragraph 1 – point 3 a (new) |
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3a. “breeding” means the activity of keeping dogs or cats in breeding establishments for the purpose of reproduction; |
Amendment 58
Proposal for a regulation
Article 3 – paragraph 1 – point 3 b (new) |
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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; |
Amendment 59
Proposal for a regulation
Article 3 – paragraph 1 – point 4 |
| 4. ‘keeping’ means any activity during which an animal is detained or handled in an establishment; |
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4. ‘keeping’ means any activity during which dogs and cats are held, housed, detained or handled in an establishment or under the responsibility of an operator; |
Amendment 303
Proposal for a regulation
Article 3 – paragraph 1 – point 5 |
| 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; |
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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, excluding occasional and irregular donations of small numbers of dogs and cats by natural persons by means other than via the intermediation of an online platform, as well as the advertising of animals for the above purposes; |
Amendment 61
Proposal for a regulation
Article 3 – paragraph 1 – point 6 |
| 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; |
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deleted |
Amendment 62
Proposal for a regulation
Article 3 – paragraph 1 – point 7 |
| 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; |
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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 of dogs or cats; |
Amendment 63
Proposal for a regulation
Article 3 – paragraph 1 – point 8 |
| 8. ‘listing’ means the publication, on an online platform, of an advertisement for the supply of a dog or a cat; |
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deleted |
Amendment 64
Proposal for a regulation
Article 3 – paragraph 1 – point 10 a (new) |
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10a. ‘livestock guardian dog’ means a dog primarily, kept or trained to manage, move, or control livestock in agricultural or pastoral settings, including farms, grazing areas, or during transport; |
Amendment 65
Proposal for a regulation
Article 3 – paragraph 1 – point 11 |
| 11. ‘establishments’ means breeding establishments, animal shelters and pet shops; |
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11. ‘establishments’ means breeding establishments, selling establishments, shelters and foster homes; |
Amendment 66
Proposal for a regulation
Article 3 – paragraph 1 – point 12 |
| 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; |
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12. ‘breeding establishments’ means any premises or structure, where dogs or cats are kept for reproduction purposes with a view to placing their offspring on the market, including households; |
Amendment 67
Proposal for a regulation
Article 3 – paragraph 1 – point 12 a (new) |
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12a. ‘agricultural holding means an agricultural holding within the meaning of Regulation (EU) 2018/1091 that is not a breeding establishment as defined in this Regulation; |
Amendment 68
Proposal for a regulation
Article 3 – paragraph 1 – point 13 |
| 13. ‘pet shops’ means any premises or structure where dogs and cats are kept for sale as pet animals, without having been born there; |
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13. ‘selling establishments’ means any premises or structure where dogs or cats are kept for sale without having been born there; |
Amendment 69
Proposal for a regulation
Article 3 – paragraph 1 – point 14 |
| 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; |
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14. ‘shelters’ means any premises or structure, including households, operated by a natural or legal person, where unwanted, abandoned, formal stray, lost or confiscated dogs or cats are kept for the purpose of placing on the market; |
Amendment 70
Proposal for a regulation
Article 3 – paragraph 1 – point 14 a (new) |
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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; |
Amendment 71
Proposal for a regulation
Article 3 – paragraph 1 – point 15 |
| 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; |
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15. ‘operator’ means any natural or legal person, that places dogs and cats on the market and that is responsible for a breeding establishment, a selling establishment or a shelter or that is responsible for dogs or cats kept therein, or that is responsible for unwanted, abandoned, stray, lost or confiscated and places them in foster homes; |
Amendment 72
Proposal for a regulation
Article 3 – paragraph 1 – point 16 |
| 16. ‘supplier’ means any natural or legal person supplying a dog or a cat, including natural or legal persons responsible for shelters; |
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deleted |
Amendment 73
Proposal for a regulation
Article 3 – paragraph 1 – point 18 a (new) |
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18a. ‘euthanasia’ means the act of inducing death under anaesthesia and prolonged analgesia using medicinal products, using a method that causes a rapid and irreversible loss of consciousness with minimum pain and distress to an animal; |
Amendment 74
Proposal for a regulation
Article 3 – paragraph 1 – point 19 |
| 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; |
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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 of a dog or a cat ; |
Amendment 75
Proposal for a regulation
Article 3 – paragraph 1 – point 19 a (new) |
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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; |
Amendment 76
Proposal for a regulation
Article 3 – paragraph 1 – point 19 b (new) |
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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; |
Amendment 77
Proposal for a regulation
Article 3 – paragraph 1 – point 20 |
| 20. ‘suffering’ means an unpleasant, undesired physical or mental state of being, which is the result of an animal being exposed to noxious stimuli or the absence of important positive stimuli; |
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20. ‘suffering’ means an unpleasant, undesired physical or mental state of being, which is the result of an animal being exposed to noxious stimuli or the continuous absence of important positive stimuli; |
Amendment 78
Proposal for a regulation
Article 3 – paragraph 1 – point 21 |
| 21. ‘housing’ means buildings or delimited outdoor space in establishments where dogs and cats are kept; |
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21. ‘housing’ means buildings or delimited outdoor space in establishments where dogs and cats are kept whether temporarily or permanently; |
Amendment 79
Proposal for a regulation
Article 3 – paragraph 1 – point 22 |
| 22. ‘kennel’ means a physical structure containing one or more individual enclosures for housing dogs; |
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22. ‘kennel’ means a physical structure containing one or more enclosures for housing dogs; |
Amendment 80
Proposal for a regulation
Article 3 – paragraph 1 – point 23 |
| 23. ‘cattery’ means a physical structure containing one or more individual enclosures for housing cats; |
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23. ‘cattery’ means a physical structure containing one or more enclosures for housing cats; |
Amendment 81
Proposal for a regulation
Article 3 – paragraph 1 – point 24 |
| 24. ‘animal caretaker’ means a person taking care of the dogs and cats bred or kept in an establishment; |
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24. ‘animal caretaker’ means a person taking care of the dogs and cats bred or kept in an establishment including volunteers, interns and part-time workers; |
Amendment 82
Proposal for a regulation
Article 3 – paragraph 1 – point 26 |
| 26. ‘tethering’ means the tying of an animal to an anchor point to keep it in a desired area; |
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26. ‘tethering’ means the tying of an animal to an anchor point or object to keep it in a desired area or to restrict its movement; |
Amendment 83
Proposal for a regulation
Article 3 – paragraph 1 – point 27 |
| 27. ‘container’ means any crate, box, receptacle or other rigid structure used to confine dogs and cats; |
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27. ‘container’ means any cage, crate, box, receptacle or movable structure used to confine dogs or cats; |
Amendment 84
Proposal for a regulation
Article 3 – paragraph 1 – point 28 |
| 28. ‘pet animal’ means a dog or cat intended to be kept in a household for private enjoyment and companionship; |
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deleted |
Amendment 85
Proposal for a regulation
Article 3 – paragraph 1 – point 29 |
| 29. ‘responsible ownership’ means the commitment of a dog or cat owner or future dog or cat owner, to perform various duties focused on the satisfaction of the behavioural, environmental and physical needs of the dog or cat, and to prevent risks that the dog or cat may pose to the community, other animals or the environment. |
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29. ‘responsible ownership’ means the commitment of a dog or cat owner or future dog or cat owner, to perform various duties focused on the satisfaction of the health, behavioural, environmental and physical needs of the dog or cat, and to minimize risks that the dog or cat may pose to the community, other animals or the environment. |
Amendment 86
Proposal for a regulation
Article 4 – paragraph 1 – introductory part |
| This chapter shall not apply to: |
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With the exception of the provisions laid down in Article 5 this chapter shall not apply to: |
Amendment 304
Proposal for a regulation
Article 4 – paragraph 1 – indent 1 |
| – breeding establishments keeping up to three bitches or queens and producing in total two litters or less per establishment and calendar year; |
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– 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), Articles 6a, 7 and 8, Article 11(2), (3) and (4), Article 12(3), (4) and (7), Article 13(2), points (b), (c) and (d), Article 14(2), (3), (4) and (5a), Article 15 and Article 15a(1). |
Amendment 88
Proposal for a regulation
Article 4 – paragraph 1 – indent 2 |
| – pet shops keeping at any given time three dogs or less or six cats or less; |
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deleted |
Amendment 89
Proposal for a regulation
Article 4 – paragraph 1 – indent 3 a (new) |
|
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– foster homes keeping at any given time five dogs or less or ten cats or less. |
Amendment 90
Proposal for a regulation
Article 5 – title |
| General principles of welfare |
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General welfare principles |
Amendment 91
Proposal for a regulation
Article 5 – paragraph 1 – introductory part |
| 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: |
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Operators and animal caretakers shall apply the following welfare principles with respect to dogs or cats bred or kept in their establishment: |
Amendment 92
Proposal for a regulation
Article 5 – paragraph 1 – point a |
| (a) dogs and cats are provided with water and feed of a quality and of a quantity that enables them to have good nutrition and hydration. |
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(a) dogs and cats are provided with water and feed of a quality and of a quantity that enables them to have good and appropriate nutrition and hydration. |
Amendment 93
Proposal for a regulation
Article 5 – paragraph 1 – point b |
| (b) dogs and cats are kept in a good physical environment which is comfortable, especially in terms of space, temperature, and ease of movement. |
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(b) dogs and cats are kept in an appropriate and clean physical environment which is secure and comfortable, especially in terms of space, air quality, temperature, light, protection against adverse climatic conditions and ease of movement, preventing overcrowding. |
Amendment 94
Proposal for a regulation
Article 5 – paragraph 1 – point c |
| (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. |
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(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. |
Amendment 95
Proposal for a regulation
Article 5 – paragraph 1 – point e |
| (e) dogs and cats are kept in such a way as to optimise their mental state by preventing or reducing their negative experiences in time and intensity, as well as by maximizing opportunities for positive experiences in time and intensity in the different domains referred to in paragraphs (a) to (d). |
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(e) dogs and cats are kept in such a way as to optimise their mental state by preventing or reducing their negative experiences in duration and intensity, as well as by maximizing opportunities for positive experiences in duration and intensity, preventing the development of abnormal repetitive and other behaviours indicative of negative animal welfare, and taking into consideration the individual dog’s or cat’s needs in the different domains referred to in paragraphs (a) to (d). |
Amendment 96
Proposal for a regulation
Article 6 – title |
| General welfare requirements for dogs and cats |
|
General welfare obligations |
Amendment 97
Proposal for a regulation
Article 6 – paragraph 1 |
| 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. |
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1. Operators and animal caretakers shall be responsible for the welfare of dogs or cats kept in their establishments and under their control and to minimise any risks to their welfare. |
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In the case of foster homes, the responsibility shall lie with the operator on whose behalf dogs or cats are kept. Such operators shall provide the foster family with adequate information on the animal welfare requirements and obligations as well as the individual needs of the dogs or cats, and shall ensure and verify that the relevant obligations set out by this Regulation are complied with in foster homes. |
Amendment 98
Proposal for a regulation
Article 6 – paragraph 1 a (new) |
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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. |
Amendment 99
Proposal for a regulation
Article 6 – paragraph 1 b (new) |
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1b. Operators and animal caretakers shall not abandon dogs or cats. |
Amendment 101
Proposal for a regulation
Article 6 – paragraph 3 |
| 3. 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 |
| 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. |
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| This paragraph shall not preclude the selection and breeding of brachycephalic dogs and cats provided that the selection or breeding programmes minimise the negative welfare consequences of brachycephalic traits. |
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Amendment 102
Proposal for a regulation
Article 6 – paragraph 4 |
| 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. |
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deleted |
Amendment 103
Proposal for a regulation
Article 6 a (new) |
|
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Article 6a |
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Breeding strategies obligations |
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1. Operators of breeding establishments shall ensure that their breeding strategies prioritise the health and welfare of the animal, and minimise the risk of producing dogs or cats with genotypes or phenotypes associated with detrimental effects on their welfare |
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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. |
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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. |
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4. Unless approved by the competent authority based on a specific need to preserve local breeds with a limited genetic pool, the breeding between parents and offspring, between siblings, between halfsiblings or between grandparents and grandchildren shall be prohibited in the management of the reproduction of dogs and cats. |
Amendment 104
Proposal for a regulation
Article 7 – title |
| Obligation to notify the breeding or keeping of dogs and cats in establishments |
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Notification and registration of establishments |
Amendment 105
Proposal for a regulation
Article 7 – paragraph 1 – introductory part |
| Operators and natural or legal persons responsible for shelters shall notify to the competent authorities of their activity, providing the following information: |
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Operators shall notify to the competent authorities of their activity, providing at least the following information: |
Amendment 106
Proposal for a regulation
Article 7 – paragraph 1 – point c |
| (c) the type of establishment: breeding establishment, pet shop or shelter; |
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(c) the type of establishment: breeding establishment, selling establishment shelter or foster home; |
Amendment 107
Proposal for a regulation
Article 7 – paragraph 1 – point e |
| (e) the maximum number of animals which can be kept in the establishment; |
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(e) the capacity of the establishment expressed as the maximum number of dogs and cats which can be kept in the establishment. |
Amendment 108
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 a (new) |
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Operators shall notify the competent authority of: |
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(a) any changes concerning the information referred to in paragraph 1; |
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(b) any cessation of activity and also specifying a deadline by which the activity must be closed, which should be no later than one month after the cessation, and also providing information on the fate of the animals; |
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Without prejudice to any additional information required under this Article, operators are not required to notify again the information already submitted in accordance with point (b) of Article 84(1) of Regulation (EU) 2016/429. |
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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. |
Amendment 109
Proposal for a regulation
Article 7 a (new) |
|
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Article 7a |
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Approval of breeding establishments |
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1. Operators of breeding establishments shall only place dogs or cats on the market after approval of their establishment by the competent authority. |
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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. |
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3. The competent authorities shall maintain a list of the approved breeding establishments and make it publicly available. |
Amendment 110
Proposal for a regulation
Article 8 – paragraph 1 |
| 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. |
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1. Operators shall provide to the acquirer of a dog or cat written information necessary 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. |
Amendment 111
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 |
| 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: |
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2. When operators and the natural or legal persons advertise the placing on the market of dogs and cats, via online platforms at least the following warning shall be displayed, in clearly visible and bold characters: |
Amendment 288
Proposal for a regulation
Article 8 – paragraph 2 |
| 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: |
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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: |
| “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.” |
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“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 its health and well-being needs are met at all times. Taking care of an animal requires financial resources. It is forbidden to abandon the animal once it is in your care.” |
Amendment 113
Proposal for a regulation
Article 9 – paragraph 1 – introductory part |
| 1. Animal caretakers shall have the following competences as regards the dogs and cats they are handling: |
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1. Animal caretakers, with the exception of supervised volunteers and interns, shall have the following competences as regards the dogs and cats they are handling: |
Amendment 114
Proposal for a regulation
Article 9 – paragraph 1 – point b |
| (b) ability to recognise their expressions including any sign of suffering and to identify the appropriate mitigating measures to be taken in such cases; |
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(b) ability to recognise their expressions including any sign of suffering and to identify and take the appropriate mitigating measures to be taken in such cases; |
Amendment 115
Proposal for a regulation
Article 9 – paragraph 1 – point c |
| (c) ability to apply good animal management practices, to use and maintain the equipment used for the species under their care and to minimize any risks to the welfare of the animals; |
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(c) ability to apply good animal management practices, to use and maintain the equipment used for the species under their care and to minimize any risks to the welfare of the animals, preventing suffering; |
Amendment 116
Proposal for a regulation
Article 10 – title |
| Animal welfare visits |
|
Advisory welfare visits |
Amendment 117
Proposal for a regulation
Article 10 – paragraph 1 – introductory part |
| 1. Operators and natural or legal persons responsible for shelters shall: |
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1. Operators shall: |
Amendment 277
Proposal for a regulation
Article 10 – paragraph 1 – point a |
| (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; |
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(a) ensure that by … [1 year after 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 animal welfare, advising the operator or the natural or legal person responsible for the shelter on measures to address risks for animal welfare, health and the environment and, if the findings indicate severe risk factors, a report to the competent authority in accordance with Regulation (EU) 2017/625 and a follow-up visit within two months; |
Amendment 119
Proposal for a regulation
Article 10 – paragraph 1 – point b |
| (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. |
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(b) keep the records of the findings of the visit of the veterinarian referred to in point (a) and of their follow up actions and keep those records for at least 5 years, from the day of the visit, and shall make them available to the competent authorities and visiting veterinarian upon request. |
Amendment 120
Proposal for a regulation
Article 10 – paragraph 2 |
| 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. |
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2. By [24 months from the date of entry into force of this Regulation] the Commission is empowered to adopt delegated acts in accordance with Article 23 supplementing this Article to lay down minimum criteria to identify and assess the risk factors by the veterinarian during the advisory welfare visits, including on follow-up actions. |
Amendment 121
Proposal for a regulation
Article 11 – paragraph 1 |
| 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. |
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1. Operators shall ensure that dogs or cats are fed in accordance with the requirements laid down in point 1 of Annex I. |
Amendment 122
Proposal for a regulation
Article 11 – paragraph 2 – introductory part |
| 2. Operators and natural or legal persons responsible for shelters shall ensure that dogs and cats are adequately fed and hydrated by supplying: |
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2. Operators shall ensure that dogs or cats are adequately fed and hydrated by supplying: |
Amendment 123
Proposal for a regulation
Article 11 – paragraph 2 – point a |
| (a) potable water, ad libitum; |
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(a) clean and fresh water, ad libitum; |
Amendment 124
Proposal for a regulation
Article 11 – paragraph 2 – point b |
| (b) feed in sufficient quantity and quality to meet the physiological, nutritional and metabolic needs and satiety of the dogs and cats, as part of a diet adapted to the age, breed, category, activity level, and health status of the dogs and cats; |
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(b) feed in sufficient quantity and quality to meet the physiological, nutritional and metabolic needs and satiety of the dogs and cats, as part of a diet adapted to the age, breed, category, activity level, and health status of the dogs and cats or cats, with the overall objective of achieving and maintaining good health; |
Amendment 125
Proposal for a regulation
Article 11 – paragraph 3 – introductory part |
| 3. Operators and natural or legal persons responsible for shelters shall ensure that feeding and drinking facilities are constructed and installed in such a way as to: |
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3. Operators and caretakers shall ensure that feeding and drinking facilities are kept clean and constructed and installed in such a way as to: |
Amendment 126
Proposal for a regulation
Article 11 – paragraph 3 – point a |
| (a) provide equal access to all dogs and cats, thus minimizing competition between them, avoiding agonistic behaviour, in particular where dogs and cats do not have ad libitum access to feed; |
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(a) provide equal access to all dogs and cats; |
Amendment 127
Proposal for a regulation
Article 11 – paragraph 3 a (new) |
|
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3a. Where advised in writing by a veterinarian to do so, the operators may adjust the feeding and watering frequencies. The operators shall keep a record of the advice for its entire duration as advised by the veterinarian. |
Amendment 128
Proposal for a regulation
Article 12 – paragraph 1 |
| 1. Operators shall ensure that dogs and cats are provided with housing in accordance with point 2 of Annex I. |
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1. Except of natural or legal person responsible for shelters, operators shall ensure that dogs and cats are provided with housing in accordance with point 2 of Annex I. |
Amendment 129
Proposal for a regulation
Article 12 – paragraph 2 – introductory part |
| 2. Operators and natural or legal persons responsible for shelters shall ensure that: |
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2. Operators shall ensure that: |
Amendment 130
Proposal for a regulation
Article 12 – paragraph 2 – point c |
| (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; |
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(c) in breeding establishments and selling establishments where dogs and cats are kept indoors, temperature, relative air humidity and gas concentrations are not harmful to dogs or cats and that ventilation is sufficient to avoid overheating; |
Amendment 131
Proposal for a regulation
Article 12 – paragraph 2 – point d |
| (d) dogs and cats have enough space to be able to move around freely and to express species-specific behaviour according to their needs, with sufficient space for enrichment material and structures, a possibility for animals to socialise and withdraw, and clean resting places; |
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(d) dogs and cats have enough space to be able to move around freely and to express species-specific behaviour according to their needs; |
Amendment 132
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1 |
| Keeping dogs or cats in containers shall be prohibited. |
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Operators shall not keep dogs or cats in containers. |
Amendment 289
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1 a (new) |
|
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Keeping or selling dogs or cats in pet shops shall be prohibited. |
Amendment 133
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 2 |
| 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. |
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By way of derogation, containers may only be used for the transport, short term isolation of individual dogs or cats and during the participation in shows, exhibitions and competitions, for puppies or kittens with reduced thermoregulation capacity or puppies or kittens together with their mothers, 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. |
Amendment 134
Proposal for a regulation
Article 12 – paragraph 4 |
| 4. Keeping dogs exclusively indoors shall be prohibited. Dogs kept indoors shall have daily access to an outdoor area that allows exercise and socialisation. In addition, when dogs are kept in kennels, operators shall design and construct individual enclosures to allow dogs to have free access to a confined outdoor space and an indoor space or an individual hut. |
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4. Keeping dogs exclusively indoors shall be prohibited. Dogs kept indoors shall have daily access to an outdoor area that allows exercise, exploration and socialisation. In addition, when dogs are kept in kennels, operators shall design and construct individual enclosures to allow dogs to have free access to a confined outdoor space and an indoor space or an individual hut. |
Amendment 135
Proposal for a regulation
Article 12 – paragraph 6 a (new) |
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6a. Operators of breeding and selling establishments shall use, where necessary, heating or cooling systems to maintain good air quality, an appropriate temperature in indoor enclosures at their establishments, and remove excessive moisture. |
Amendment 136
Proposal for a regulation
Article 12 – paragraph 7 |
| 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. |
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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. |
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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. |
Amendment 137
Proposal for a regulation
Article 12 – paragraph 8 |
| 8. This Article applies from [5 years from the date of entry into force of this Regulation]. |
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deleted |
Amendment 138
Proposal for a regulation
Article 12 – paragraph 8 a (new) |
|
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8a. Paragraph 4 shall not apply to breeding establishments where livestock guardian dogs are kept during the periods when such dogs are being trained for herding purposes. |
Amendment 139
Proposal for a regulation
Article 13 – paragraph 1 |
| 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 |
Amendment 140
Proposal for a regulation
Article 13 – paragraph 2 – introductory part |
| 2. Operators and natural or legal persons responsible for shelters shall ensure that: |
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2. Operators and caretakers shall ensure that: |
Amendment 141
Proposal for a regulation
Article 13 – paragraph 2 – point a |
| (a) dogs and cats under their responsibility are inspected by animal caretakers at least once a day; |
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(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; |
Amendment 142
Proposal for a regulation
Article 13 – paragraph 2 – point b |
| (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; |
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(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; |
Amendment 143
Proposal for a regulation
Article 13 – paragraph 2 – point c |
| (c) the euthanasia of a dog or a cat is only performed by a veterinarian. |
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(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 and keeping them alive is contrary to the rules of their well-being euthanasia may be only carried out by a veterinarian and with the prior consent of the operator |
Amendment 144
Proposal for a regulation
Article 13 – paragraph 2 – point d |
| (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; |
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(d) measures are in place to prevent and control external and internal parasites, including preventive veterinary treatments such as vaccination, to prevent common diseases to which dogs or cats are likely to be exposed with due regard to the epidemiological situation; |
Amendment 145
Proposal for a regulation
Article 13 – paragraph 2 – point e |
| (e) enrichment materials do not present any risk of injury or biological or chemical contamination or any other health risk. |
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(e) enrichment materials do not present any risk of biological or chemical contamination. |
Amendment 146
Proposal for a regulation
Article 13 – paragraph 2 – point e a (new) |
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(ea) if available, relevant health related information shall be provided to the acquirer of a dog or a cat, including information on vaccination, allergies, health conditions and on responsible ownership in accordance with Article 8(1). |
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Point (a) shall not apply to breeding establishments where livestock guardian dogs are kept during the periods when such dogs are used for herding or training purposes. |
Amendment 147
Proposal for a regulation
Article 13 – paragraph 2 a (new) |
|
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2a. The euthanasia of a dog or a cat in animal shelters as a population management solution is prohibited. |
Amendment 148
Proposal for a regulation
Article 13 – paragraph 2 – point e b (new) |
|
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(eb) health care for animals is aligned with a ‘One Health’ approach, such as the prudent use of antibiotics to avoid anti-microbial resistance (AMR). |
Amendment 149
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 1 – introductory part |
| Operators shall ensure that: |
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Operators responsible for breeding establishments and their caretakers shall ensure that: |
Amendment 150
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 1 – point -a (new) |
|
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(-a) measures are taken to safeguard the health of dogs or cats in accordance with point 3 of Annex I; |
Amendment 151
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 1 – point a |
| (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; |
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(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; |
Amendment 152
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 1 – point b |
| (b) litter-giving pregnancies of bitches and queens follows a maximum frequency; |
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(b) litter-giving pregnancies of bitches or queens follows a maximum frequency in accordance with point 3 of Annex I; ; |
Amendment 153
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 1 – point d |
| (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 |
Amendment 154
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 1 – point e |
| (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. |
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(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. |
Amendment 155
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 2 |
| 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 |
Amendment 156
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 2 a (new) |
|
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When operators and natural or legal persons responsible for shelters possess results of health tests of a dog or a cat or genetic reports and diagnoses of sire or dam of the pet animal in question, they shall share this information with the animal´s acquirer. |
Amendment 157
Proposal for a regulation
Article 13 – paragraph 4 |
| 4. This Article shall apply from [5 years from the date of entry into force of this Regulation]. |
|
deleted |
Amendment 158
Proposal for a regulation
Article 14 – paragraph 1 |
| 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. |
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1. Operators shall ensure that measures are taken to meet the behavioural needs of cats or dogs in accordance with point 4 of Annex I. |
Amendment 159
Proposal for a regulation
Article 14 – paragraph 2 – introductory part |
| 2. Keeping dogs and cats in areas restraining their natural movements shall be prohibited, except for performing the following procedures or treatments: |
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2. Keeping dogs and cats in areas restraining their natural movements shall be prohibited, except in case of Article 12(3), second subparagraph, and for performing the following procedures or treatments: |
Amendment 160
Proposal for a regulation
Article 14 – paragraph 2 – point a |
| (a) physical examinations, including identification of the animals; |
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(a) physical examinations; |
Amendment 161
Proposal for a regulation
Article 14 – paragraph 2 – point b |
| (b) marking animals for identification purposes; |
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(b) individual identification of dogs and cats and reading the identification information; |
Amendment 164
Proposal for a regulation
Article 14 – paragraph 3 |
| 3. Tethering within the premises of the establishment for more than 1 hour shall be prohibited, except for the duration of a medical treatment. |
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3. Tethering shall be prohibited, except for the duration of a medical treatment. |
Amendment 165
Proposal for a regulation
Article 14 – paragraph 5 a (new) |
|
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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. |
Amendment 166
Proposal for a regulation
Article 14 – paragraph 5 b (new) |
|
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5b. Member States may grant derogations from paragraph 3 for dogs intended for use in military, police and customs services that are kept in breeding or selling establishments. |
Amendment 167
Proposal for a regulation
Article 15 – paragraph 1 |
| 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. |
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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 upon medical indication, which may include prophylactic, diagnostic, and/or treatment reasons, with the sole purpose of , preserving, improving the health of dogs or cats or preventing injury. In such case, the procedure shall only be performed by a veterinarian under anaesthesia and prolonged analgesia. |
Amendment 168
Proposal for a regulation
Article 15 – paragraph 1 a (new) |
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1a. The medical indication for the mutilation and details of procedure to be 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. |
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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. |
Amendment 169
Proposal for a regulation
Article 15 – paragraph 2 |
| 2. Male and female neutering shall be permitted only if performed by a veterinarian under anaesthesia and prolonged analgesia. |
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2. Operators shall ensure that neutering is only performed under anesthesia and prolongued analgesia by a veterinarian. |
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Veterinarians may consider non-surgical sterilisation to neutering, whenever appropriate. |
Amendment 170
Proposal for a regulation
Article 15 – paragraph 3 – introductory part |
| 3. The following handling practices shall be prohibited: |
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3. The following handling practices that cause pain or suffering shall be prohibited: |
Amendment 171
Proposal for a regulation
Article 15 – paragraph 3 – point d |
| (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. |
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(d) prolonged using of muzzles, unless required for health or welfare reasons, in which case the duration shall be limited to the minimum period necessary. |
Amendment 172
Proposal for a regulation
Article 15 – paragraph 3 – point e |
| (e) lifting dogs or cats by the limbs, the head, the tail and the hair. |
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(e) lifting dogs or cats by the limbs, the head, the tail, ears, skin or the hair. |
Amendment 173
Proposal for a regulation
Article 15 – paragraph 3 – point e a (new) |
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(ea) using prong collars; |
Amendment 174
Proposal for a regulation
Article 15 – paragraph 3 – point e b (new) |
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(eb) using choke collars without safety top; |
Amendment 175
Proposal for a regulation
Article 15 – paragraph 3 a (new) |
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3a. Member States may grant derogations from paragraph 3 for dogs intended for use in military, police or customs services. |
Amendment 176
Proposal for a regulation
Article 15 a (new) |
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Article 15a |
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Aesthetic shows, exhibitions and competitions |
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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. |
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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. |
Amendment 177
Proposal for a regulation
Article 17 – paragraph 1 |
| 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. |
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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. |
Amendment 178
Proposal for a regulation
Article 17 – paragraph 1 a (new) |
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1a. 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. |
Amendment 179
Proposal for a regulation
Article 17 – paragraph 1 b (new) |
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1b. 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 shall ensure that dogs and cats 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. |
Amendment 180
Proposal for a regulation
Article 17 – paragraph 1 c (new) |
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1c. Natural or legal persons, other than operators, placing dogs or cats on the market shall ensure that they are individually identified before the date of their placing on the market. |
Amendment 181
Proposal for a regulation
Article 17 – paragraph 1 d (new) |
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1d. 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. |
Amendment 313
Proposal for a regulation
Article 17 – paragraph 1 e (new) |
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1e. From … [5 years from the date of entry into force of this Regulation], all dogs kept shall be individually identified in accordance with paragraph 1. |
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From … [10 years from the date of entry into force of this Regulation], all cats kept shall be individually identified in accordance with paragraph 1. |
Amendment 182
Proposal for a regulation
Article 17 – paragraph 2 |
| 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. |
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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 a 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 the 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. |
Amendment 183
Proposal for a regulation
Article 17 – paragraph 2 a (new) |
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2a. 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. |
Amendment 184
Proposal for a regulation
Article 17 – paragraph 2 b (new) |
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2b. Member States may grant derogations from paragraph 2 and 2a for military, police and customs dogs that are kept in establishments. |
Amendment 185
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1 – introductory part |
| 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: |
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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 of the animal: |
Amendment 186
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1 – point a |
| (a) proof of the identification and registration of the animal in compliance with paragraphs 1 and 2; |
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(a) proof of the identification and registration of dog or cat in compliance with paragraphs 1 and 2 and a weblink to the system referred to in paragraph 6; |
Amendment 187
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 2 |
| Acquirers shall be able to verify the authenticity of the identification and registration of animals supplied through the system referred to in paragraph 7. |
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Acquirers shall be able to verify the authenticity of the identification and registration of dogs or cats placed on the market through the system referred to in paragraph 7. |
Amendment 188
Proposal for a regulation
Article 17 – paragraph 4 – subparagraph 1 |
| 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. |
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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, and Article 8 paragraph 2 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. |
Amendment 189
Proposal for a regulation
Article 17 – paragraph 4 – subparagraph 2 |
| 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. |
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The natural or legal person placing dogs or cats on the market shall be the 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 obligation on the provider of the online platform within the meaning of Article 8 of Regulation (EU) 2022/2065. |
Amendment 190
Proposal for a regulation
Article 17 – paragraph 5 |
| 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. |
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deleted |
Amendment 191
Proposal for a regulation
Article 17 – paragraph 6 – introductory part |
| 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: |
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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 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: |
Amendment 192
Proposal for a regulation
Article 17 – paragraph 7 – subparagraph 1 – introductory part |
| 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: |
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The Commission shall adopt implementing acts laying down: |
Amendment 193
Proposal for a regulation
Article 17 – paragraph 7 – subparagraph 1 – point a (new) |
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(a) 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; |
Amendment 194
Proposal for a regulation
Article 17 – paragraph 7 – subparagraph 1 – point a – indent 2 a (new) |
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– the categories of personal data that are made available to the verifying person during the verification of the identification and registration, that shall be limited to those strictly needed to enable such verification. |
Amendment 195
Proposal for a regulation
Article 17 – paragraph 7 – – subparagraph 1 – point b (new) |
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(b) the following aspects of the system referred to in paragraph 6: |
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— the key functionalities of the system; |
Amendment 196
Proposal for a regulation
Article 17 – paragraph 7 – subparagraph 1 a(new) |
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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] |
Amendment 197
Proposal for a regulation
Article 18 – paragraph 1 – point a a (new) |
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(aa) ensuring that veterinarians and other relevant professionals receive training on best practices in animal welfare, including on the detection and reporting of welfare violations including painful practices as set out in Article 15, in line with One Health principles. |
Amendment 198
Proposal for a regulation
Article 18 – paragraph 1 – point a b (new) |
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(ab) ensuring that operators, natural or legal persons responsible for shelters, foster homes and pounds, animal caretakers and veterinarians receive adequate and regular training and certificates for the completion of the training courses referred to in point (a); |
Amendment 199
Proposal for a regulation
Article 18 – paragraph 1 – point a c (new) |
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(ac) ensuring that shelter medicine courses, including those with a focus on herd health, are available for veterinarians; |
Amendment 200
Proposal for a regulation
Article 18 – paragraph 1 – point a d (new) |
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(ad) ensuring that trainers and handlers of dogs intended for military, police and customs services receive regular training within and preferably across Member States in order to improve their skills especially on operant conditioning and positive reinforcement, on behavioural science and welfare principles, and on stress management for both dogs and handlers; |
Amendment 201
Proposal for a regulation
Article 18 – paragraph 1 – point b a (new) |
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(ba) facilitating collaboration between competent authorities, veterinary associations, and educational institutions to develop and promote high-quality, long term science-based training programmes for animal caretakers and veterinary professionals, increasing the cooperation between relevant agencies and the synergies between the information campaigns. |
Amendment 202
Proposal for a regulation
Article 18 a (new) |
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Article 18a |
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National information campaigns on the protection of stray animals and legislation concerning the protection of stray animals |
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1. Member States are encouraged to initiate and implement national information campaigns on current legislation concerning the protection and welfare of dogs and cats. These campaigns must be aimed both at animal owners and at the general public, in order to raise awareness about the legal obligations and best practices in caring for animals. |
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2. Information campaigns may be conducted by the competent authorities in collaboration with animal protection organisations, veterinarians and other relevant entities. The information communicated shall include: |
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(a) the legal obligations of keepers of pet animals; |
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(b) the responsibilities and actions of local authorities in managing strays, as well as the actions that they are to take to prevent abandonment; |
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(c) the steps to be taken if a person finds a lost or abandoned animal, including contacting veterinary services, animal shelters or the local police; |
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(d) a statement of the importance of responsible adoption and neutering to reduce the stray animal population. |
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3. Member States may provide national or regional funding for these campaigns and may encourage the participation of mass media and educational establishments with a view to disseminating the information further. |
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4. The Commission shall encourage the exchange of best practices between Member States. |
Amendment 203
Proposal for a regulation
Article 18 b (new) |
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Article 18b |
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Measures to prevent abandonment and promote the neutering of dogs and cats |
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1. Member States shall be encouraged to adopt concrete measures to prevent the abandonment of dogs and cats, including through public education, by raising awareness about responsible ownership and through the effective enforcement of existing legislation. |
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2. To reduce the number of strays, Member States shall be encouraged to identify and use national and private sources of funding for: |
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(a) free or subsidised neutering campaigns for stray dogs and cats and for pet animals belonging to low-income people or animal protection organisations; |
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(b) programmes for the registration and identification of pet animals, including by means of microchipping, to facilitate adoption and the return of lost animals to their owners and prevent abandonment; |
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(c) actions to raise awareness among and educate the population about the responsibility of keeping a pet animal and the negative effects of abandonment on animal welfare and on communities. |
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3. Member States may work with non-governmental organisations, veterinary clinics and local authorities to implement the measures referred to in paragraphs 1 and 2 and for the purpose of facilitating access to neutering and identification programmes. |
Amendment 204
Proposal for a regulation
Article 19 – paragraph 1 |
| 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. |
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1. The competent authorities shall establish and maintain databases for dogs and cats identified and registered in accordance with Article 17 and Article 21(4) |
Amendment 205
Proposal for a regulation
Article 19 – paragraph 2 |
| 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. |
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2. Member States shall ensure that their databases as 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. |
Amendment 206
Proposal for a regulation
Article 19 – paragraph 2 a (new) |
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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) 2024/2509. |
Amendment 316
Proposal for a regulation
Article 19 – paragraph 2 b (new) |
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2b. The Commission and the competent authorities of Member States shall co-operate to establish and maintain a publicly accessible database of animal shelter establishments across the Union, ensuring transparency and accountability in the adherence to animal welfare law. |
Amendment 207
Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 1 – point b |
| (b) their interoperability between Member States; |
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(b) the interoperability between Member States databases and the index database; |
Amendment 208
Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 1 – point f a (new) |
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(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). |
Amendment 209
Proposal for a regulation
Article 20 a (new) |
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Article 20a |
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National information campaigns concerning stray animal legislation and protection |
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1. The Member States are encouraged, in collaboration with the competent authorities, to initiate and implement national information campaigns concerning existing legislation on the protection and welfare of dogs and cats. These campaigns should be targeted at both animal owners and the general public in order to raise awareness of legal obligations and good practices in relation to animal care. |
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2. Information campaigns can be run by the competent authorities in collaboration with animal protection organisations, veterinarians and other relevant entities. The information provided must include: |
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(a) The legal obligations of pet owners; |
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(b) The responsibilities and actions of local authorities in managing stray animals, and actions to prevent abandonment; |
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(c) Recommended steps if a person finds a lost or abandoned animal, including contacting veterinary services, animal shelters or the local police; |
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(d) The importance of responsible adoption and neutering to reduce the population of stray animals. |
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3. The Member States can provide national or regional funding for these campaigns and can encourage the mass media and educational institutions to participate with a view to better dissemination of information. |
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4. The European Commission shall encourage the sharing of good practices between the Member States. |
Amendment 210
Proposal for a regulation
Article 20 b (new) |
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Article 20b |
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Measures to prevent abandonment and promote the neutering of dogs and cats |
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1. The Member States are encouraged, in collaboration with the competent authorities, to adopt concrete measures to prevent abandonment of dogs and cats, including by educating the public, making owners responsible and enforcing existing legislation effectively. |
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2. To reduce the number of stray animals, the Member States are encouraged to identify and use national and private financing sources for: |
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(a) Free or subsidised neutering campaigns for stray dogs and cats and pets of persons on low incomes or animal protection organisations; |
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(b) Programmes to register and identify pets, including by microchipping, to facilitate adoption and the return of lost animals to owners and to prevent abandonment; |
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(c) Actions to raise awareness and educate the public with regard to the responsibility of owning a pet and the adverse effects of abandonment on animal welfare and the community. |
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3. The Member States can work together with non-governmental organisations, veterinary clinics and local authorities to implement these measures and facilitate public access to neutering and identification programmes. |
Amendment 211
Proposal for a regulation
Article 20 c (new) |
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Article 20c |
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Data protection |
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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. |
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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. |
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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. |
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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. |
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2. That personal data referred to in paragraph 1 of this Article shall be retained for the following periods: |
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(a) in the case of Article 7 and Article 7a, 10 years after the date of cessation of the activity of the establishment; |
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(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; |
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(c) in the case of the second subparagraph of Article 21(4a), 5 years after the date of pre-notification. |
Amendment 212
Proposal for a regulation
Article 21 – paragraph 1 – introductory part |
| 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: |
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1. Dogs and cats may only be entered into the Union for placing on the market provided that the following conditions are met: |
Amendment 213
Proposal for a regulation
Article 21 – paragraph 1 – point a |
| (a) Chapters II of this Regulation; |
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(a) they have been breed and kept in compliance with any of the following: |
Amendment 214
Proposal for a regulation
Article 21 – paragraph 1 – point a – point i (new) |
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(i) Chapter II of this Regulation; |
Amendment 215
Proposal for a regulation
Article 21 – paragraph 1 – point b |
| (b) conditions recognised by the Union to be equivalent to those set out by this Regulation; or |
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(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 |
Amendment 216
Proposal for a regulation
Article 21 – paragraph 1 – point c |
| (c) where applicable, requirements contained in a specific agreement between the Union and the exporting country |
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(iii) where applicable, requirements contained in a specific agreement between the Union and the exporting country. |
Amendment 217
Proposal for a regulation
Article 21 – paragraph 2 |
| 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. |
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(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. |
Amendment 218
Proposal for a regulation
Article 21 – paragraph 3 |
| 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. |
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2. 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. |
Amendment 219
Proposal for a regulation
Article 21 – paragraph 4 – subparagraph 1 |
| 4. 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. |
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3. 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 two 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. |
| __________________ |
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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. |
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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. |
Amendment 306
Proposal for a regulation
Article 21 – paragraph 4 – subparagraph 2 |
| 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. |
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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), they shall be registered in the database of the Member State of entry by a veterinarian at the Union border. The registration shall be made in the name of the owner or person responsible for the animal and it shall record the establishment of origin listed in accordance with paragraph 2. Member States may allow the registration by persons other than veterinarians, provided that they have measures in place to ensure the accuracy of information inserted in the database. |
Amendment 221
Proposal for a regulation
Article 21 – paragraph 4 a (new) |
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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: |
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(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; |
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(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. |
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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. |
Amendment 222
Proposal for a regulation
Article 21 – paragraph 5 |
| 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. |
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deleted |
Amendment 223
Proposal for a regulation
Article 22 – paragraph 1 – introductory part |
| 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: |
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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, and of social, economic, and environmental impacts, as regards: |
Amendment 224
Proposal for a regulation
Article 22 – paragraph 1 – point a |
| (a) feeding frequencies and weaning process; |
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(a) watering and feeding requirements and weaning process; |
Amendment 225
Proposal for a regulation
Article 22 – paragraph 1 – point c |
| (c) lighting parameters; |
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(c) lighting requirements; |
Amendment 226
Proposal for a regulation
Article 22 – paragraph 1 – point h |
| (h) minimum age of bitches and queens for onset of breeding; |
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(h) minimum and maximum age of bitches and queens for breeding; |
Amendment 227
Proposal for a regulation
Article 22 – paragraph 1 – point j |
| (j) requirements for transponders used to mark dogs and cats; |
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(j) requirements for transponders used to individually identify dogs and cats; |
Amendment 228
Proposal for a regulation
Article 23 – paragraph 2 |
| 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]. |
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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]. |
Amendment 229
Proposal for a regulation
Article 23 – paragraph 3 |
| 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. |
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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. |
Amendment 230
Proposal for a regulation
Article 23 – paragraph 6 |
| 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. |
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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. |
Amendment 231
Proposal for a regulation
Article 25 – paragraph 1 |
| 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. |
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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 to their traceability, provided that those rules are not inconsistent with this Regulation and do not interfere with the proper functioning of the internal market. Member States shall inform the Commission about such national rules. The Commission shall bring them to the attention of the other Member States. |
Amendment 232
Proposal for a regulation
Article 25 – paragraph 2 |
| 2. 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: |
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deleted |
| (a) housing conditions; |
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| (b) mutilations; |
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| (c) enrichment; |
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| (d) selection and breeding programmes, including minimum and maximum age for breeding. |
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| Member States shall inform the Commission about such national rules before their adoption. The Commission shall bring them to the attention of the other Member States. |
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Amendment 233
Proposal for a regulation
Article 25 – paragraph 3 |
| 3. The measures referred to in paragraph 2 shall only be allowed provided that they are not inconsistent with this Regulation and do not interfere with the proper functioning of the internal market. |
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deleted |
Amendment 234
Proposal for a regulation
Article 25 – paragraph 4 |
| 4. Member States shall not prohibit or impede the placing on the market within their territory of dogs and cats kept in another Member State on the grounds that the dogs and cats concerned have not been kept in accordance with its stricter national rules on animal welfare. |
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4. Member States that have stricter national rules referred to in paragraph 1 shall not prohibit or impede the placing on the market within their territory of dogs and cats kept in another Member State on the grounds that the dogs and cats concerned have not been kept in accordance with its stricter national rules on animal welfare. |
Amendment 235
Proposal for a regulation
Article 26 – paragraph 1 |
| 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. |
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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. The monitoring report shall assess the effectiveness, efficiency, relevance, coherence, socio-economic impact and EU added value of this Regulation in achieving its objectives. In particular, the Commission shall assess: |
Amendment 236
Proposal for a regulation
Article 26 – paragraph 1 – point a (new) |
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(a) the extent to which this Regulation has contributed to ensuring a high level of welfare for dogs and cats, improving traceability, reducing illegal trade, and addressing the problems associated with inhumane breeding practices, including so-called puppy and kitten mills; |
Amendment 237
Proposal for a regulation
Article 26 – paragraph 1 – point b (new) |
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(b) whether the scope of this Regulation remains fit for purpose, taking into account market developments, scientific and technological progress, and animal welfare considerations; and whether the current exceptions remain appropriate and sufficient in light of these developments; |
Amendment 238
Proposal for a regulation
Article 26 – paragraph 1 – point c (new) |
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(c) whether scientific and technological progress has occurred, including development of new means of identification, taking into account their technical reliability, cost-effectiveness and invasiveness for the animal; |
Amendment 239
Proposal for a regulation
Article 26 – paragraph 1 – point d (new) |
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(d) the impact of this Regulation on breeders, shelters, foster homes, and other operators, including the administrative burden and compliance costs; |
Amendment 240
Proposal for a regulation
Article 26 – paragraph 1 – point e (new) |
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(e) the level of enforcement and compliance achieved by Member States, and the effectiveness of the cooperation between competent authorities, including data exchange and traceability mechanisms, |
Amendment 241
Proposal for a regulation
Article 26 – paragraph 1 – point f (new) |
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(f) the feasibility, costs and benefits of introducing a digital passport for dogs and cats which could contain information on the identification, vaccination status and medical history of the animal. |
Amendment 242
Proposal for a regulation
Article 26 – paragraph 1 – point g (new) |
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(g) the feasibility, impact and proportionality of extending mandatory identification and registration to all dogs and cats, including those kept by private owners, |
Amendment 243
Proposal for a regulation
Article 26 – paragraph 1 a (new) |
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1a. By … [2 years from the date of entry into force of this Regulation], the Commission shall assess the possibility of registering dogs and cats, in accordance with Article 21(3), upon their entry into the Union, and shall present a report on its main findings to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. |
Amendment 244
Proposal for a regulation
Article 26 – paragraph 2 |
| 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. |
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2. By [12 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. |
Amendment 301
Proposal for a regulation
Article 26 – paragraph 2 a (new) |
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2a. By … [5 years after the date of entry into force of this Regulation], the Commission shall: |
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(a) carry out an evaluation and a review of this Regulation, including an assessment of a possible maximum age for the breeding of dogs and cats; |
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(b) carry out an assessment of the situation of stray animals; |
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(c) establish a list of animal species allowed to be kept and placed on the market, where a prior impact assessment has shown its added value and feasibility; |
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(d) assess the potential extension of the scope of this Regulation to include other animals by amending this Regulation; |
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(e) assess the possibility of using alternative means of identification which are less invasive than the implantation of a transponder; and |
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(f) present a report on the main findings of points (a) to (e) to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions. |
Amendment 245
Proposal for a regulation
Article 27 – paragraph 1 |
| Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. |
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Member States shall lay down the rules on penalties applicable to infringements of this Regulation, as well as those resulting from the abandonment of pets, and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. |
Amendment 246
Proposal for a regulation
Article 27 – paragraph 1 a (new) |
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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, reflects, in accordance with national law, at least the economic advantage for the operator, or, where appropriate, a percentage of the operator´s turnover and is high enough to have a deterrent effect. In cases where the infringements of the requirements of this Regulation are serious and repeated, Member States shall ensure that the penalties include a prohibition on working with and owning animals. |
Amendment 279
Proposal for a regulation
Article 27 – paragraph 2 a (new) |
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Considering the administrative burden of animal shelters and organisations responsible for the management of populations of stray dogs and cats in addition to the existing economic constraints, Member States may explore the capabilities of streamlining resources recovered from infringements of this Regulation to support and cover the administrative and operational costs of shelters and organisations responsible for the management of stray populations of dogs or cats. |
Amendment 247
Proposal for a regulation
Article 28 – paragraph 2 |
| It shall apply from [2 years from the date of entry into force of this Regulation], unless otherwise provided for in this Regulation. |
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It shall apply from [2 years from the date of entry into force of this Regulation], except: |
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(i) Article 13 from 5 years from the date of entry into force of this Regulation; |
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(ii) Article 9(2) and Article 19(1) from 3 years from the date of entry into force of this Regulation; |
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(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; |
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(iv) Article 7a from 6 years from the date of entry into force of this Regulation; and |
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(v) Article 17(1) to (3) – in relation to dogs from 3 years from the date of entry into force of this Regulation – in relation to cats 7 years from the date of entry into force of this Regulation.. |
Amendment 248
Proposal for a regulation
Annex I – point 1 – introductory part |
| 1. Feeding |
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1. Feeding and watering |
Amendment 249
Proposal for a regulation
Annex I – point 1 – point 1.1 – introductory part |
| 1.1. The operator shall implement the following feeding frequencies: |
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1.1. Dogs and cats shall be fed at least twice per day. Puppies and kittens shall be fed more frequently. |
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These requirements shall not apply to breeding establishments where livestock guardian dogs are kept during the periods when such dogs are used for herding purposes. |
Amendment 250
Proposal for a regulation
Annex I – point 1 – point 1.1 – point a |
| (a) adult cats and dogs shall be fed twice a day; |
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deleted |
Amendment 252
Proposal for a regulation
Annex I – point 1 – point 1.1 – point c |
| (c) puppies under 8 weeks of age shall be fed at least 5 times a day; |
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deleted |
Amendment 253
Proposal for a regulation
Annex I – point 1 – point 1.1 – point d |
| (d) kittens under 12 weeks of age shall be fed at least 4 times a day. |
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deleted |
Amendment 254
Proposal for a regulation
Annex I – point 1 – point 1.2 |
| 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. |
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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, because is ill or is otherwise unable to feed her offspring 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. |
Amendment 255
Proposal for a regulation
Annex I – point 1 – point 1.3 |
| 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. |
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deleted |
Amendment 256
Proposal for a regulation
Annex I – point 1 – point 1.4 |
| 1.4. The operator shall ensure that all unweaned puppies and kittens are getting enough milk to steadily gain bodyweight. |
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1.4. All unweaned puppies and kittens shall be fed enough milk, milk replacer or a combination thereof to steadily gain bodyweight. |
Amendment 257
Proposal for a regulation
Annex I – point 2 – point 2.1 – paragraph 1 – point a |
| (a) 10 to 26°C in the indoor areas where adult dogs are kept; |
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deleted |
Amendment 258
Proposal for a regulation
Annex I – point 2 – point 2.1 – paragraph 1 – point b |
| (b) 15 to 26°C in the indoor areas where adult cats are kept; |
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deleted |
Amendment 259
Proposal for a regulation
Annex I – point 2 – point 2.2 – point 2.2.1 |
| 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. |
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2.2.1. Dogs and cats shall be exposed to light for at least 7 hours per day. |
Amendment 260
Proposal for a regulation
Annex I – point 2 – point 2.2 – point 2.2.2 |
| 2.2.2. Artificial light shall be broad spectrum or full spectrum. |
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2.2.2. Artificial light shall be broad spectrum or full spectrum with a frequency of at least 80 Hertz. |
Amendment 261
Proposal for a regulation
Annex I – point 2 – point 2.2 – point 2.2.3 |
| 2.2.3. The illuminance shall be at least 50 lux at the height of an animal’s head. |
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deleted |
Amendment 262
Proposal for a regulation
Annex I – point 2 – point 2.2 – point 2.2.4 |
| 2.2.4. Animals shall have the possibility to stay in the dark for at least 8 hours per day. |
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2.2.4. Dogs and cats shall have the possibility to be without artificial lights for at least 8 hours per day. |
Amendment 263
Proposal for a regulation
Annex I – point 2 – point 2.2 a (new) |
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2.2a. Dogs shall have access to an outdoor area or shall be walked daily for a minimum of 1 hour per day in total, to allow exercise, exploration and socialisation |
Amendment 264
Proposal for a regulation
Annex I – point 2 – point 2.3 – point 2.3.3 |
| 2.3.3. If enclosures are occupied by more than one dog or cat, operators must ensure by taking specific measures (e.g., separation panels) that these animals do not pose threat to each other due to aggressive behaviour. |
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2.3.3. If enclosures are occupied by more than one dog or cat, operators must ensure by taking specific measures (e.g., separation panels) that these animals do not pose threat to each other due to aggressive behaviour. |
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Member States may grant derogations from the minimum space allowances requirements set out in paragraph 2.3.1 for hunting dogs used to living in packs. |
Amendment 265
Proposal for a regulation
Annex I – point 3 – point 3.2 |
| 3.2. Bitches shall only be bred if their age is at least 18 months; |
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3.2. Bitches shall only be bred from their second oestrus; |
Amendment 266
Proposal for a regulation
Annex I – point 3 – point 3.3 |
| 3.3. Operators shall allow for up to 3 litters per bitch or queen within a period of 2 years. |
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3.3. A bitch or queen shall not deliver more than 3 litters within a period of 2 years. |
Amendment 267
Proposal for a regulation
Annex I – point 3 – point 3.4 |
| 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. |
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3.4. For bitches and queens that have delivered 3 litters, including stillborns within a period of 2 years, there shall be a recuperation period of at least 1 year. |
Amendment 268
Proposal for a regulation
Annex I – point 3 – point 3.4 a (new) |
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3.4a. Any bitch or queen that has undergone two cesarean sections shall no longer be used for breeding |
Amendment 269
Proposal for a regulation
Annex I – point 3 – point 3.4 b (new) |
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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 |
Amendment 270
Proposal for a regulation
Annex I – point 4 – point 4.1 – point c |
| (c) areas where cats and dogs are kept are equipped with enrichment structures and items accessible to all animals, providing a stimulating environment, and reducing frustration of animals; |
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(c) areas where cats and dogs are kept are equipped with enrichment structures and items accessible to all animals, providing a stimulating environment, and if possible, structures for climbing and hiding, and reducing frustration of animals; |
Amendment 271
Proposal for a regulation
Annex II – introductory part |
| Transponders used to mark cats and dogs as required in Article 16 shall meet the following requirements: |
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Transponders used to individually identify dogs and cat as required in Article 17 and Article 21 shall meet the following requirements: |
Amendment 272
Proposal for a regulation
Annex III – point 1 |
| 1. Number of dogs and cats microchipped per year as referred to in Article 17; |
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1. Number of dogs and cats registered per year as referred to in Article 17 and Article 21(4); |
Amendment 273
Proposal for a regulation
Annex III – point 1 a (new) |
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1a. Number of establishments registered per year in accordance with Article 7; |
Amendment 274
Proposal for a regulation
Annex III – point 2 |
| 2. Number of breeding establishment approved per year as referred to in Article 16. |
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2. Number of breeding establishments approved per year as referred to in Article 7a. |
Amendment 275
Proposal for a regulation
Annex III – point 2 a (new) |
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2a. Number of breeding and selling establishments whose approval has been suspended or withdrawn per year. |