(1)

Regulation (EU) No 576/2013 of the European Parliament and of the Council (2), which lays down the rules for non-commercial movement of pet animals, was repealed by Article 270(2) of Regulation (EU) 2016/429 as from 21 April 2021. However, Article 277 of Regulation (EU) 2016/429 provides that notwithstanding that repeal, Regulation (EU) No 576/2013 is to continue to apply until 21 April 2026 in respect of non-commercial movements of pet animals, in place of Part VI of Regulation (EU) 2016/429.

(2)

Regulation (EU) 2016/429 lays down rules for the prevention and control of diseases which are transmissible to animals or humans, including the animal health requirements applicable to non-commercial movements of pet animals into a Member State from another Member State or from a third country or territory. Regulation (EU) 2016/429 also empowers the Commission to adopt rules to supplement certain non-essential elements of that Regulation by means of delegated acts. As the transitional period related to the repeal of Regulation (EU) No 576/2013 is to cease on 21 April 2026, it is therefore appropriate to adopt such supplementing rules in order to ensure the smooth functioning of the legal framework established by Regulation (EU) 2016/429.

(3)

Regulation (EU) 2016/429 aims to provide a simpler and more flexible regulatory framework compared to the one applicable prior to its adoption, while at the same time ensuring a more risk-based approach to animal health requirements, and improved animal disease preparedness, prevention and control. It also aims to compile the rules on animal diseases in a single act. In the interests of simplicity and transparency of Union rules, as well as to facilitate the application of those rules and avoid duplication, the rules for non-commercial movements of pet animals into a Member State from another Member State or from a third country or territory should be laid down in a single act rather than in a number of cross-referenced separate acts. In addition, as there is a substantive link between the empowerments laid down in Article 3(5) and in Part VI of Regulation (EU) 2016/429 relating to the animal health requirements for non-commercial movements of pet animals, it is appropriate that the supplementing rules be laid down in a single act.

(4)

The keeping of pet animals by humans in their households, both indoors and outdoors, generally poses a lower health risk compared to other ways of keeping or moving animals on a broader scale, such as those common in agriculture, aquaculture, animal breeding, animal shelters and the transport of animals more generally. This explains why it is appropriate to establish a commensurate set of animal health requirements on non-commercial movements of pet animals that should focus on measures adequately addressing the specific nature and risks presented by pet animals and their non-commercial movements, as applying the general framework to these animals would represent an unjustified administrative burden and cost.

(5)

The rules and risk mitigation measures laid down in this Regulation supplement the animal health requirements laid down in Part VI of Regulation (EU) 2016/429 as regards non-commercial movements of pet animals to ensure a sufficient level of safety to mitigate the public and animal health risks involved in non-commercial movements, and more particularly the risk of the spread of listed diseases defined in that Regulation (EU) 2016/429, and categorised in accordance with Article 9(1), point (d), of that Regulation by Commission Implementing Regulation (EU) 2018/1882 (3), and to remove any unjustified obstacles to such non-commercial movements.

(6)

The existing animal health rules laid down in previous Commission acts concerning non-commercial movements of pet animals have proved to be sound, proportionate and effective. Therefore, the aim and main provisions of those existing rules should be maintained in this Regulation but updated to take account of the rules on better regulation, of the new animal health framework laid down in Regulation (EU) 2016/429, and of international standards and experience in applying previous Union acts in that field.

(7)

Regulation (EU) 2016/429 already lays down a number of definitions. In addition, this Regulation should also have regard to the definitions laid down in other Union acts in the related areas of official controls, and in particular those laid down in Regulation (EU) 2017/625 of the European Parliament and of the Council (4). However, for the purpose of laying down the animal health requirements for non-commercial movements of pet animals, it is appropriate to specify the animal species to which the rules laid down in this Regulation applies and to include particular definitions. These definitions should include the specific ‘travellers points of entry’ used for non-commercial movements from third countries or territories, and the ‘authorised veterinarians’ to whom specific tasks are delegated by the competent authority in this field in relation to prevention and risk-mitigation measures and issuing of passports for pet dogs, pet cats and pet ferrets in Member States and in relation to prevention and risk-mitigation measures and issuing of animal health certificates for pet dogs, pet cats, pet ferrets and pet birds in third countries.

(8)

As defined in Article 4, point (11), of Regulation (EU) 2016/429, a ‘pet animal’ is a kept animal of the species listed in Annex I thereto, kept for private non-commercial purposes, and includes dogs, cats, and ferrets. Such animals are usually kept privately for recreational or companionship purposes. However, in the case of certain dogs, these animals may also, while still being considered as a pet animal, be kept for extra purposes than purely recreational or companionship ones.

(9)

Those extra purposes include participating in competition, sporting, training, exhibition or working events where they are used for certain capacities they acquire by training, as provided by Article 246(2), point (a), of Regulation (EU) 2016/429. In a similar way, such extra purposes may also take advantage of other capacities acquired by certain dogs, in particular when used for military, law enforcement or search-and-rescue activities.

(10)

Movements of dogs in all these circumstances are carried out under the supervision of the pet owner or a responsible person who may in particular belong to military, law enforcement or search-and-rescue bodies. It is, therefore, appropriate to clarify that the rules laid down in this Regulation also apply to the movements of these latter categories of animals, and to provide for a certain flexibility, in accordance with the empowerment given to the Commission under Article 249(3) of Regulation (EU) 2016/429 to adopt delegated acts concerning the conditions for granting derogations from the requirements laid down in Article 249(2) of that Regulations, when such animals enter into the Union or return to the Union after movements outside the Union.

(11)

In order to make a clear distinction between the rules that apply to non-commercial movements of pet animals, and those applicable to standard movements between Member States or from third countries or territories, of dogs, cats, ferrets and captive birds, Regulation (EU) 2016/429 defines a ‘pet animal’ and a ‘non-commercial movement’. To fall within these definitions, the pet animal is to accompany its owner and be part of the movement of the pet owner either under the direct responsibility of the pet owner or, on duly justified and documented grounds, under the responsibility of an authorised person, in cases where the pet animal is physically separated from the pet owner.

(12)

In that context, Article 245(2) of Regulation (EU) 2016/429 provides that where the non–commercial movement of a pet animal is carried out by an authorised person, it may only take place within five days from the movement of the pet owner. Article 245(3) of that Regulation empowers the Commission to lay down supplementary requirements in relation to the documentation of the non-commercial movement of a pet animal when carried out by an authorised person. It is therefore appropriate to provide that where a non-commercial movement of a pet animal is carried out by an authorised person, a written authorisation signed by the pet owner should be attached to the identification documents accompanying the pet animal either for the non-commercial movement into a Member State from another Member State or into a Member State from a third country or territory.

(13)

In addition, Regulation (EU) 2016/429 fixes the maximum number of pet animals of the species listed in Part A of Annex I to that Regulation, namely dogs, cats and ferrets, which may accompany their owner or an authorised person. Article 246(1) of that Regulation provides that the number of such pet animals which may be moved during a single non–commercial movement is not to exceed five. It also lays down the conditions for derogations whereby that maximum number may be exceeded.

(14)

In that context, movements of more than five pet dogs, pet cats or pet ferrets, which do not fulfil the conditions for the derogation laid down in Article 246(2) of Regulation (EU) 2016/429, may not be regarded as non-commercial movements under that Regulation and should fall within the scope of its Parts IV or V.

(15)

For the movements of pet animals of the species listed in Part B of Annex I to Regulation (EU) 2016/429, including birds, Article 246(3) of that Regulation empowers the Commission to adopt supplementary rules setting the maximum number of pet animals of those species which may be moved during a single non–commercial movement. As moving a large number of birds may increase the risk for the introduction and spread of the avian influenza virus, it is necessary to introduce such a maximum number for pet birds when accompanying their owner or an authorised person into the Union from a third country or territory.

(16)

By setting such maximum number, this also aims to ensure that Parts IV and V of Regulation (EU) 2016/429 are correctly applied to pet birds and that movements into the Union of more than that maximum number are to be carried out in accordance with the requirements for the entry into the Union of captive birds laid down in Commission Delegated Regulation (EU) 2020/692 (5), and to be subject to official controls at border control posts as laid down in Regulation (EU) 2017/625.

(17)

Still in that context, Regulation (EU) 2016/429 makes a clear link between the maximum number of pet animals that can be covered by a non-commercial movement and the fact that this movement should be carried out as a single non-commercial movement. However, Regulation (EU) 2016/429 does not define a ‘single non-commercial movement’. This may lead to different interpretation by Member States and be a source of abuse in the case of several pet owners travelling together in the same private means of transport. For certainty reasons, in order to ensure that Parts IV and V of Regulation (EU) 2016/429 are correctly applied to pet animals, it is also necessary to further specify the conditions that should apply to the notion of ‘single non-commercial movement’.

(18)

Article 252(1), point (a), of Regulation (EU) 2016/429 empowers the Commission to lay down detailed species-specific requirements for the means of identification of pet animals of the species listed in Annex I to that Regulation and the application and use of such means of identification.

(19)

Prior to the adoption of Regulation (EU) 2016/429, Union rules on the identification of pet animals were laid down in Regulation (EU) No 576/2013 for pet dogs, pet cats or pet ferrets, and in Commission Delegated Regulation (EU) 2021/1933 (6) for pet birds. The rules laid down in those Regulations have proven to be effective in ensuring the proper identification of pet animals. Accordingly, the main substance of those rules should be maintained in this Regulation but updated to take account of the practical experience gained by Member States in their application.

(20)

Pet dogs, pet cats or pet ferrets are to be regarded as appropriately identified when they bear either a clearly readable tattoo, if applied before 3 July 2011, or are implanted with an electronic identification system (transponder). Implantation of transponders requires certain competences to be carried out. It is therefore necessary to clarify in this Regulation the persons that have the specific knowledge to perform this task.

(21)

In that context, this Regulation should also lay down rules concerning the means to identify pet birds to be moved into a Member State from a third country or territory, in order to ensure that a link can be made between the pet bird and the corresponding identification document.

(22)

Article 252(1), point (b), of Regulation (EU) 2016/429 empowers the Commission to lay down detailed species-specific requirements for the prevention and risk-mitigation measures to ensure that pet animals do not pose a significant risk for the spread of the listed diseases referred to in Article 9(1), point (d), of that Regulation due to movements of pet animals of the species listed in Annex I to that Regulation.

(23)

Prior to the application of Regulation (EU) 2016/429, Union rules on prevention and risk-mitigation measures to be complied with by pet animals when being moved into a Member State from another Member State or from a third country or territory were laid down in Regulation (EU) No 576/2013 for pet dogs, pet cats or pet ferrets, and in Delegated Regulation (EU) 2021/1933 for pet birds. Those rules have proven to be effective in minimising the risk of the spread of listed diseases through such movements. Accordingly, the main provisions of those rules should be maintained in this Regulation but updated to take account of the practical experience gained by Member States in their application. This Regulation should also provide possibilities for derogations in cases where alternative risk-mitigation measures are put in place.

(24)

According to Article 10(3) of Regulation (EU) 2016/429, pet keepers in the Union, including pet owners, are in the best position to observe and ensure the health of the animals under their responsibility. Therefore, they bear primary responsibility for carrying out measures for the prevention and control of the spread of diseases among animals under their responsibility. This also means that pet owners are required to ensure that the animals moved under their responsibility are free from disease symptoms and fit for such non-commercial movements.

(25)

To mitigate any risk of the spread of animal disease from outside the Union, it is appropriate to require in this Regulation that pet animals originating in a third country or territory and being moved into the Union show no disease symptoms and are fit for such non-commercial movements.

(26)

Due to its potential effects on humans and animals, infection with rabies virus is the disease of most concern in the Union affecting dogs, cats and ferrets. Infection with rabies virus is listed in the Annex to Implementing Regulation (EU) 2018/1882 as a category B disease, for which disease control measures must be taken in all Member States with the goal of eradicating it throughout the Union.

(27)

To prevent rabies from spreading in the Union, rules should be laid down in this Regulation regarding the vaccination requirements of pet dogs, pet cats or pet ferrets subject to a non-commercial movement into a Member State from another Member State, or from a third country or territory.

(28)

It is possible that rabies vaccines administered to pet dogs, pet cats or pet ferrets before the age of 12 weeks do not induce protective immunity due to competition with maternal antibodies. Consequently, vaccine manufacturers recommend not to vaccinate young pet animals before that age. In order to authorise the non-commercial movement from a Member State to another Member State of young pet animals that have not been vaccinated, or that have been vaccinated but have not yet acquired protective immunity against rabies, this Regulation should establish certain preventive measures to be taken, and give the Member States the possibility to authorise such non-commercial movements into their territory when young pet animals comply with those preventive measures.

(29)

In addition, in order to prevent the introduction of rabies into the Union and to prove that the animals have been properly vaccinated against rabies, pet dogs, pet cats or pet ferrets that are being moved into a Member State from a third country or territory for non-commercial purposes must have undergone a valid rabies antibody titration test in accordance with point 1 of Annex XXI to Delegated Regulation (EU) 2020/692. This Regulation should also provide for derogations from the requirement to undergo a rabies antibody titration test for non-commercial movements into the Union of pet dogs, pet cats or pet ferrets from third countries or territories that have demonstrated that they apply rules, the content and effect of which are the same as those applied by in the Union, or that they have implemented a robust surveillance, prevention and control system for rabies in accordance with the criteria laid down in this Regulation.

(30)

Infestation with Echinococcus multilocularis is listed in the Annex to Implementing Regulation (EU) 2018/1882 as a category C disease, which recognises that it is a disease of relevance to some Member States and for which measures are needed to prevent it from spreading to parts of the Union that are officially disease-free or that have eradication programmes for the listed disease concerned.

(31)

Pet dogs intended for movement into a Member State with disease-free status from infestation with Echinococcus multilocularis should comply with additional requirements to ensure the protection of that status in those Member States. In this regard, a preventive treatment should be applied to such dogs before they are moved to any disease-free Member State. This Regulation should provide possibilities for derogations in cases where alternative risk-mitigation measures are put in place.

(32)

Avian influenza is an infectious viral disease of birds which can have a negative impact on animal and public health and a severe impact on the profitability of poultry farming as its highly pathogenic form can result in high mortality rates in poultry species. Furthermore, although avian influenza is mainly found in birds, under certain circumstances infections can also occur in humans even though the risk is generally low.

(33)

Since the global threat of avian influenza has increased in recent years, this Regulation should establish protection measures to ensure that non-commercial movements of pet birds into the Union do not pose a risk for the introduction and spread of infection with avian influenza virus.

(34)

The prevention and risk mitigation measures for non-commercial movements of pet birds into the Union should provide for several alternative requirements for such non-commercial movements, including isolation prior to such non-commercial movements and pre-movement testing for the H5 and H7 sub-types of the HPAI virus and vaccination against H5 and H7 sub-types of the HPAI virus.

(35)

However, the option of isolation prior to the non-commercial movement into the Union should only be allowed for pet birds originating in territories or third countries which have been assessed for avian influenza and other diseases relevant for the avian species. Therefore, this option should be limited to the third countries or zones thereof listed in the table set out in Part 1 of Annexes V, XIV or XIX to Commission Implementing Regulation (EU) 2021/404 (7), from which the entry into the Union of poultry and germinal products of poultry, fresh meat of poultry and game birds, or eggs and egg products, respectively, is permitted.

(36)

To further mitigate the risks of the spread of the avian influenza virus into the Union via non-commercial movements of pet birds from third countries or territories, those pet birds should be kept in isolation for an appropriate period of time following their entry into the Union, and in particular during that period, they should not be entered in shows, fairs, exhibitions or other gatherings of birds.

(37)

In addition, this Regulation should provide possibilities for derogations in cases where alternative risk-mitigation measures are put in place. This should only be permitted for establishments that can guarantee the animal health status of the animals. It should, therefore, be required that under this option, pet birds are to be placed in a quarantine establishment approved in accordance with Article 14 of Commission Delegated Regulation (EU) 2019/2035 (8).

(38)

Article 254, point (a), of Regulation (EU) 2016/429 empowers the Commission to adopt delegated acts concerning the entries for the insertion of the information to be included in the identification documents required to accompany non-commercial movements of pet animals into a Member State from another Member State, or from a third country or territory. Point (d) of that Article also empowers the Commission to adopt delegated acts concerning the issue, completion and, where applicable, endorsement of such identification documents.

(39)

Prior to the adoption of Regulation (EU) 2016/429, Union rules on the identification documents of pet animals were laid down in Regulation (EU) No 576/2013 for pet dogs, pet cats or pet ferrets, and in Delegated Regulation (EU) 2021/1933 for pet birds. The rules laid down in those Regulations have proven to be effective in ensuring the traceability of pet animals during non-commercial movements of such animals into a Member State from another Member State or from a third country or territory. Accordingly, the main provisions of those rules should be maintained in this Regulation but updated to take account of the practical experience gained in their application.

(40)

Identification documents accompanying pet animals which are subject to non-commercial movements into Member States are necessary to attest compliance with the animal health requirements laid down in this Regulation. This Regulation should, therefore, establish the requirements for the contents of those identification documents, and the conditions for their issuing or, where necessary their endorsement, to ensure their validity.

(41)

As a general principle, Regulation (EU) 2016/429 requires that standard movements of animals are to be accompanied by an animal health certificate to be completed and issued by the competent authorities of the country of dispatch, or where applicable by an authorised veterinarian and subsequently endorsed by the competent authority of the country of dispatch, to ensure its validity. This requirement should also be applied to non-commercial movements of pet animals into a Member State from a third country or territory.

(42)

To facilitate non-commercial movements of pet dogs, pet cats or pet ferrets into a Member State from another Member State, an alternative identification document (pet passport) was introduced by Regulation (EU) No 576/2013 to replace the animal health certificate which is of use for other animal movements. It is therefore appropriate to ensure that such pet animals continue to be accompanied by a passport.

(43)

In this context, this also implies that the pet passport is only intended to be issued to pet dogs, pet cats or pet ferrets kept in the Member State where their pet owners reside habitually and have their main residence. Such information is to be furnished by the pet owner to allow the issuing veterinarian to duly and accurately complete the pet passport.

(44)

In these circumstances, pet passports are not intended to be issued to pet dogs, pet cats or pet ferrets which are kept by pet owners who have their main residence outside the Union and reside only temporarily or seasonally in the Union. For such situations, the general principle should apply, and the identification document required for non-commercial movements of pet dogs, pet cats or pet ferrets into the Union from a third country or territory (animal health certificate) has to accompany the non-commercial movement of these animals into the Union. It is, therefore, appropriate to ensure that this identification document remains valid for a reasonable time period to allow third country pet owners to reside temporarily or seasonally in the Union or make further movement to other Member States during that period.

(45)

The restriction on pet passport issuing should not prevent pet dogs, pet cats or pet ferrets which were moved into the Union from a third country or territory for non-commercial purposes with the identification document required for such movement, from being issued a pet passport, where their pet owners remain in a Member State after the end of the validity period of the identification document and set their main residence within the Union as demonstrated for instance by a residence permit.

(46)

In accordance with Article 254, point (c), of Regulation (EU) 2016/429, this Regulation should provide the necessary conditions for allowing Member States to authorise the non-commercial movement into their territory of pet dogs, pet cats or pet ferrets accompanied by an identification document in the format of a passport when the passport has been issued in a third country or territory which applies rules, the content and effect of which are the same as those applied in the Union. It should also allow Member States to authorise the return to the Union, after a non-commercial movement to a third country or territory of those pet animals accompanied by a pet passport issued in a Member State, provided that it can be established from that pet passport that the conditions required to return from those third countries or territories were met before the pet animal left the Union.

(47)

Third countries or territories listed in Article 1(2), point (b), of Delegated Regulation (EU) 2021/1933 apply rules, the content and effect of which are the same as those applied in the Union for the non-commercial movement of pet birds. The derogation provided for these third countries or territories in Delegated Regulation (EU) 2021/1933 should be maintained in this Regulation.

(48)

In accordance with Article 252(4), point (e), of Regulation (EU) 2016/429, this Regulation should give the competent authority of the Member States the possibility to authorise, on an exceptional basis, the entry directly into or through their territory of pet animals which do not comply with certain conditions laid down in this Regulation and thereby address situations of genuine and urgent need, provided that a permit is applied for and granted by the Member State of destination, and where applicable, with the agreement of any other involved Member State. This permit should detail the specific arrangements, including a time-limited period of isolation under official supervision, necessary to fulfil the conditions laid in this Regulation. Even in cases of urgency, permits should be indispensable to mitigate any animal health risks arising from the introduction into the Union of a pet animal that does not comply with the conditions laid down in this Regulation.

(49)

While the final decision granting derogation should remain with the competent authority, specified circumstances for granting derogations should include but not be limited to the urgent departure of the pet owner, on an individual or collective basis, in the event of a sudden natural disaster, political unrest or other force majeure affecting the owner.

(50)

In relation to the animal health risk involved, all non-commercial movements through the Union of pet animals from a third country and intended for a destination outside the Union should be considered as a non-commercial movement into a Member State from a third country or territory as they imply the same level of risk. Such transit movements should, therefore, comply with all the relevant requirements for a non-commercial movement into a Member State from a third country or territory. However, no specific requirements should apply to the transit of the pet animals where they do not enter the Union territory and remain within the perimeter of the international zone of a port or airport of transit.

(51)

Rules should be adopted under Article 252(4), point (d), of Regulation (EU) 2016/429 to allow the return of pet animals originating in the Union when they are refused entry by the competent authorities of a third country or territory following controls carried out at their border, where the conditions of return from those third countries or territories were met before the pet animal left the Union.

(52)

With a view to the consistent application of Union legislation on non-commercial movements of pet animals into a Member State from another Member State or from a third country or territory, and to ensure that the legislation is clear and transparent, this Regulation should repeal Commission Delegated Regulation (EU) 2018/772 (9) and Delegated Regulation (EU) 2021/1933.

(53)

To avoid any unnecessary disruptions in the non-commercial movements of pet animals, this Regulation should lay down transitional measures providing for a smooth transition from the requirements laid down in pre-existing Union acts.

(54)

Such provisions should be made available to address legitimate expectations of pet owners keeping pet dogs, pet cats or pet ferrets, transponder manufacturers, veterinarians and Member State competent authorities and give them appropriate time to adapt to the new requirements. They should be designed to prevent duly identified pet dogs, pet cats or pet ferrets from undergoing any new identification process and duly issued passports from being revoked and reissued. They do not prevent transponder manufacturers, veterinarians and Member State competent authorities from applying the new rules before the end of the transition period.

(55)

Additional transitional measures should be provided through implementing acts to ensure that stocks of identification documents complying with the relevant provisions of Regulation (EU) No 576/2013 could be used for an appropriate time period.

(56)

Regulation (EU) No 576/2013, which lays down the rules for non-commercial movement of pet animals was repealed by Article 270(2) of Regulation (EU) 2016/429 as from 21 April 2021. However, Article 277 of that Regulation provides that notwithstanding that repeal, Regulation (EU) No 576/2013 is to continue to apply until 21 April 2026 in respect of non-commercial movements of pet animals, in place of Part VI of Regulation (EU) 2016/429. This Regulation should, therefore, enter into force as a matter of urgency and apply from 22 April 2026,