dog movement and trade in the european union

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Dog Movement and Trade in the European UnionNew legal perspectives

A world where humans treat animals with respect, empathy and understanding

Sophie DuthoitEuropean Legal Research Officer

VIER PFOTEN / FOUR PAWS European Policy Office

VIER PFOTEN/FOUR PAWS, European Policy Office 19/11 Avenue de la Renaissance, 1000 Brussels (Belgium)

+32 2 740 08 88 [email protected]

ENFORCEMENT OF EUROPEAN ANIMAL WELFARE RELATED LEGISLATION12 and 13 June 2012, Brussels

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* I’m going on holidays in Spain and I want to take my dog with me

More Humanity towards Animals


Dog movement? Practical examples

* I am a (serious) Belgium breeder and I want to sell legally my dogs in France

* I am working for an Animal Welfare Organisation in Bulgaria and I want to rescue stray dogs from killing (due to the new political situation) and send them to Germany for adoption

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Facts and Figures – Dogs in Europe and in the Worldwide



Source: FEDIAF, 2010

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Facts and Figures - Dogs in private households in Europe

Source: FEDIAF and

EUPAW, 2010

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* Terms and Definitions

* Gap of official number per State (part of the problem) 120 Millions estimated in Europe source: CAROdog.eu

* Countries and Regions concerned:In EU: Southern Europe (Spain, Portugal, Malta)

South Eastern Europe (Greece, Hungary, Slovenia, Slovakia, Czech Republic, Poland, Bulgaria, Romania…)

In Europe: Serbia, Macedonia, Moldavia, Belarus, Kosovo, Albania and Ukraine etc.


Facts and Figures: So called « Stray dogs »


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* Legal Dog Trade * Illegal Dog Trade

Part of the problem: no official numbers !


Facts and Figures - Trade of dogs


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I. EU LEGISLATION IN-FORCE


Regulation 998/2003


* Non commercial movement: Unique European Pet Passport

* Commercial movement (trade): Directive 92/65 on animal health

requirements Regulation 1/2005 on transport of live

animals

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DEFICITS OF REGULATION 998/2003


No definition of commercial / non commercial movement

To avoid the strict requirements of commercial movement, dog traders pretend private movement

= Illegal Puppy Trade

Derogations for some Member States


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1) Strict interpretation by the EU Commission : Regulation 998/2003 = ONLY a SANITARY regulation

(WQ 4080/2003)

This means that Member States can strengthen the rules / prohibit to enter with a dog on their territory

CONSEQUENCES


2) Statement of the EU Commission : movement of 5 dogs = COMMERCIAL

(Regulation 388/2010)

This means that an individual plannifying to travel with 5 dogs will have to respect strict requirements planned for professional traders

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SANITARY REQUIREMENTS


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Member States can use their legal national competence for non sanitary requirements

= Legal uncertainty due to diversification of national legislation

e.g. Ban of Ferrets in Portugale.g. « Dangerous dogs »e.g. Maximum number of animals that

an individual is allowed to own

NON SANITARY REQUIREMENTS



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* Owners of more than 5 dogs / Animal Welfare Organisations rescuing dogs = commercial movement = heavy fees and administrative burden

STATUS QUO


Movement with dogs in the EU in practice : a non understandable complexity of legal rules for EU Citizens


* No mandatory registration = no traceability = health risk enabling illegal dog trade

* Derogations for some Member States = « confusion and discomfort amongst travellers »

(EU COM, Report of 8.10.2007)

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* Confusion between EU Court of Justice and EU Commission = Dump of normative content of Regulation 998/2003

* Harmonised Enforcement is not possible

STATUS QUO


Legal situation


RESULT: Legal uncertainty for EU citizens who cannot easily understand the

legislation and requirements for movement for professionals such as breeders, NGOs and Lawyers

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CONSEQUENCERegulation 998/2003 is not working


2010, Declaration of EU Commission : revision of Regulation 998/2003 foreseen, when derogations accorded to some Member States will be expired

2012, EU Commission: Proposal COM(2012) 89 to revise Regulation 998/2003


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II. THE PROPOSAL TO REVISE REGULATION 998/2003


POSITIVE ASPECTS:- End of derogations- Better understanding of EU rules for citizens- Strengthening of sanctions and controls- All companion animals will have to be identified- Mandatory Registration of passport- Unique ISO code for chipping- Positive point for private owners of more than 5 animals : abolishment of the limit of 5 animals


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II. THE PROPOSAL TO REVISE REGULATION 998/2003


NEGATIVE ASPECTS:- New definition of the owner (only a natural person = exclusion of juridical person such as NGOs) (Art 3)- Definition of non commercial movement (no financial gain / no transfer of ownership) = exclusion of cross border adoption (Art 3)- Derogation for movement of puppies of less than 8 weeks (Art 6 and 11)- Derogation for rabies vaccination (Art 7 and 11)- Derogations for tattoos still in force (Art 5)- Lower conditions to kill healthy animals (Art 37)


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NEW REQUIREMENTS OF THE PROPOSAL


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FOUR PAWS is welcoming that European Commission - has considered problems linked to the Enforcement of

Regulation 998/2003 - has planned in the Animal Welfare Strategy a survey on

cats and dogs in trade (expected for 2014) Nevertheless, good enforcement and health security will also require: Registration of all companion animals Registration of all breeders Clear rules easily accessible for EU citizen and professionals Better consider Animal Welfare and not only Animal Health

POSITION OF VIER PFOTEN / FOUR PAWS



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DEMANDS OF VIER PFOTEN / FOUR PAWS(I)

Definitions

Use of the term “companion animal “ and “exotic animals kept for private purposes” instead of “pets” Definition of these animals Separate chapter for the specific problem of dogs moved to be adopted (cross-border adoption) with specific requirements As long as canine overpopulation is not solved, cross border adoption should not be restrained and to save dogs from cruelty


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Killing of healthy animals in case of non compliance, isolation and quarantine

Ultima Ratio to kill animals, with a clear and acceptable reason, and not only for “practical” reasons Animal Welfare requirements for the keeping of non compliant animals (size of boxes, access to food and water, personal care, professional surrounded etc.)

DEMANDS OF VIER PFOTEN / FOUR PAWS(II)



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Identification and registration of all companion animals

Identification by transponders should only be done by veterinarians Identification and Registration of all companion animals in a EU-wide compatible system with common basic data managed by a common network, such as Europetnet Registration of all breeders

DEMANDS OF VIER PFOTEN / FOUR PAWS(III)



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Movement of Animals aged of less than three months

Limit movement of puppies aged of less than three months Vaccination of bitches against rabies before pregnancy

Derogation for rabies

No derogation for movement of non vaccinated dogs

DEMANDS OF VIER PFOTEN / FOUR PAWS(IV)



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THANK YOU FOR ATTENTION!



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YOUR QUESTIONSARE WELCOME

For further details, please do not hesitate to contact us

Sophie [email protected]

VIER PFOTEN/FOUR PAWS, European Policy Office 19/11 Avenue de la Renaissance,

1000 Brussels (Belgium) +32 2 740 08 88

dog movement and trade in the european union

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