(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.

(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 .

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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 (EU) No 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.

(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 (EU) No 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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(13)

Directive 2010/63/EU of the European Parliament and of the Council (4) 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 .

(13)

Directive 2010/63/EU of the European Parliament and of the Council (4) 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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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 .

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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 .

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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 .

(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 .

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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."

—

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;

—

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.

(53a)

The Member states may consider raising awareness about animal welfare and responsible animal care.

(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.

(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.

(b)

the traceability of dogs and cats placed on the Union market or supplied in the Union .

(b)

the traceability of dogs and cats bred or kept in the Union or placed on the Union market.

—

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;

—

and to agricultural holdings, with the exception of the provisions laid down under Article 5.

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;

3a.

‘breeding’ means the activity of keeping dogs or cats in breeding establishments for the purpose of reproduction;

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;

4.

‘keeping’ means any activity during which an animal is detained or handled in an establishment;

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 ;

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;

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;

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;

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;

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;

8.

‘listing’ means the publication, on an online platform, of an advertisement for the supply of a dog or a cat;

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;

11.

‘establishments’ means breeding establishments, animal shelters and pet shops ;

11.

‘establishments’ means breeding establishments, selling establishments, shelters and foster homes ;

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;

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;

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;

13.

‘pet shops’ means any premises or structure where dogs and cats are kept for sale as pet animals, without having been born there;

13.

‘selling establishments’ means any premises or structure where dogs or cats are kept for sale without having been born there;

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 ;

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 ;

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;

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 ;

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 ;

16.

‘supplier’ means any natural or legal person supplying a dog or a cat, including natural or legal persons responsible for shelters;

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;

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;

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 ;

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;

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;

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;

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;

21.

‘housing’ means buildings or delimited outdoor space in establishments where dogs and cats are kept;

21.

‘housing’ means buildings or delimited outdoor space in establishments where dogs and cats are kept whether temporarily or permanently ;

22.

‘kennel’ means a physical structure containing one or more individual enclosures for housing dogs;

22.

‘kennel’ means a physical structure containing one or more enclosures for housing dogs;

23.

‘cattery’ means a physical structure containing one or more individual enclosures for housing cats;

23.

‘cattery’ means a physical structure containing one or more enclosures for housing cats;

24.

‘animal caretaker’ means a person taking care of the dogs and cats bred or kept in an establishment;

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 ;

26.

‘tethering’ means the tying of an animal to an anchor point to keep it in a desired area;

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 ;

27.

‘container’ means any crate, box, receptacle or other rigid structure used to confine dogs and cats;

27.

‘container’ means any cage, crate, box, receptacle or movable structure used to confine dogs or cats;

28.

‘pet animal’ means a dog or cat intended to be kept in a household for private enjoyment and companionship;

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.

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.

—

breeding establishments keeping up to three bitches or queens and producing in total two litters or less per establishment and calendar year ;

—

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).

—

pet shops keeping at any given time three dogs or less or six cats or less;

—

foster homes keeping at any given time five dogs or less or ten cats or less.

(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.

(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.

(b)

dogs and cats are kept in a good physical environment which is comfortable, especially in terms of space, temperature, and ease of movement.

(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 .

(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.

(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.

(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).

(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).

(c)

the type of establishment: breeding establishment, pet shop or shelter ;

(c)

the type of establishment: breeding establishment, selling establishment shelter or foster home;

(e)

the maximum number of animals which can be kept in the establishment;

(e)

the capacity of the establishment expressed as the maximum number of dogs and cats which can be kept in the establishment .

(a)

any changes concerning the information referred to in paragraph 1;

(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;

(b)

ability to recognise their expressions including any sign of suffering and to identify the appropriate mitigating measures to be taken in such cases;

(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;

(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;

(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;

(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;

(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 ;

(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.

(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.

(a)

potable water, ad libitum;

(a)

clean and fresh water, ad libitum;

(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;

(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 ;

(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 ;

(a)

provide equal access to all dogs and cats;

(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 ;

(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;

(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 ;

(d)

dogs and cats have enough space to be able to move around freely and to express species-specific behaviour according to their needs;

(a)

dogs and cats under their responsibility are inspected by animal caretakers at least once a day;

(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 ;

(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 ;

(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;

(c)

the euthanasia of a dog or a cat is only performed by a veterinarian .

(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

(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;

(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;

(e)

enrichment materials do not present any risk of injury or biological or chemical contamination or any other health risk .

(e)

enrichment materials do not present any risk of biological or chemical contamination.

(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).

(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).

(–a)

measures are taken to safeguard the health of dogs or cats in accordance with point 3 of Annex I;

(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;

(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;

(b)

litter-giving pregnancies of bitches and queens follows a maximum frequency;

(b)

litter-giving pregnancies of bitches or queens follows a maximum frequency in accordance with point 3 of Annex I ; ;

(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.

(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.

(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.

(a)

physical examinations , including identification of the animals ;

(a)

physical examinations;

(b)

marking animals for identification purposes ;

(b)

individual identification of dogs and cats and reading the identification information ;

(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.

(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.

(e)

lifting dogs or cats by the limbs, the head, the tail and the hair.

(e)

lifting dogs or cats by the limbs, the head, the tail , ears, skin or the hair.

(ea)

using prong collars;

(eb)

using choke collars without safety top;

(a)

proof of the identification and registration of the animal in compliance with paragraphs 1 and 2;

(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 ;

(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;