(1)

Live animals, including dogs and cats, are covered by Annex I to the Treaty on the Functioning of the European Union (TFEU) and form part of the common agricultural policy of the Union, and their welfare should be protected. There is a market for dogs and cats in the Union, and substantial cross-border trade in them. The Member States are committed to the protection of pet animals, and the majority of them are signatories to the European Convention for the Protection of Pet Animals, done on 13 November 1987, which includes provisions on the breeding, keeping and trading of pet animals. A wide range of evidence is available of the sub-optimal functioning of the market for dogs and cats in the Union, as well as of illegal trade in those animals within the Union, and of their import into the Union, which undermine their welfare. Therefore, considering that animals are sentient beings that are able to experience emotions and pain and to engage in social interactions, 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.

(2)

The number of dogs and cats kept as pets in the Union has increased significantly over recent years, reflecting the strong attachment of Union citizens to those animals. Animal welfare is a Union value enshrined in Article 13 TFEU, according to which, since animals are sentient beings, the Union and its Member States are to pay full regard to their welfare.

(3)

Dogs and cats are traded and kept in the Union. They have their own unique biological and behavioural needs. The absence of Union welfare provisions on the breeding, keeping and placing on the market of dogs and cats, as well as differences between national rules where they exist, have sometimes led to those animals being born, bred, sold or adopted at no cost in circumstances which could have serious detrimental consequences for their welfare. There is no level playing field for commercial breeders of dogs and cats in different Member States. Rules on animal welfare conditions differ considerably between Member States. Those rules are one of the main elements determining the competitiveness of such operators. As a consequence, competition is distorted. Breeders and keepers with high standards are unable to achieve a fair return on their investments in animal welfare when they trade across borders, since they are confronted with operators that profit from sub-standard animal welfare conditions, exerting competition and driving prices and standards down.

(4)

In addition, consumers are insufficiently protected when acquiring a dog or a cat. They are often confronted with the negative consequences of the poor welfare conditions in the establishments in which the dog or cat has been bred and kept. Such negative consequences include health problems, behavioural problems or genetic defects present in the dog or cat acquired.

(5)

Minimum animal welfare requirements should therefore be laid down for establishments that engage in the breeding, keeping and placing on the market of dogs and cats. Such minimum requirements should ensure the rational development of the sector, providing fair conditions for competition, and adequate consumer protection while ensuring a high level of animal welfare.

(6)

The Pet Animal Network (PAN) under the Administrative Assistance and Cooperation (AAC) Network facilitates cooperation between Member States, helping them to identify illegal establishments, to dismantle associated networks, and to ensure the effective enforcement of applicable rules. In accordance with Title IV of Regulation (EU) 2017/625 of the European Parliament and of the Council (3), cases of non-compliance with this Regulation are to be communicated via PAN. This contributes to strengthening cross-border collaboration and information exchange, which is essential in order to address the transnational nature of certain illegal activities and to protect animal welfare and consumer interests across the Union.

(7)

Over the past decade, demand for dogs and cats as pet animals has increased significantly. As a result, there has been a substantial increase in the breeding of dogs and cats in the Union and in the trade in them on the Union market, including sales and adoptions, and imports from third countries. The lack of Union requirements concerning the welfare of such animals, and the disparities between requirements applicable in different Member States, have given rise to a significant amount of illegal trade, and misleading or deceptive trade practices, whereby dogs and cats are kept in conditions that are highly detrimental to their welfare.

(8)

Traceability is important for ensuring the smooth functioning of the market in dogs and cats in the Union with a high level of animal welfare, since illegal trade distorts competition and allows negative animal welfare conditions to flourish due to the lack of control and the pursuit of profit maximisation. Furthermore, traceability requirements are needed to enable the origin of the dogs and cats to be established, and to determine who is responsible, in particular in case of welfare-related problems identified in relation to a particular animal.

(9)

As a consequence of the increase in consumer demand for dogs and cats, facilitated by online purchasing, unacceptable or illegal trading practices have developed, caused in part by the inability to trace the animals back to the original establishment. In turn, those unacceptable or illegal trading practices are associated with the suffering of dogs and cats as a result of uncontrolled breeding practices. It is not possible to ensure that operators abide by the same standards of animal welfare, and to ensure fair 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 origin of those animals. It is therefore crucial to ensure the traceability of dogs and cats by a system that identifies and registers dogs and cats and complements the information registered when the ownership or responsibility for a particular animal changes.

(10)

There is evidence that illegal traders often carry on their trade by disguising themselves as pet owners. For example, the EU Coordinated Action on the illegal trade of cats and dogs carried out in 2022 and 2023 shows that movements of dogs and cats for commercial purposes are commonly disguised as non-commercial movements. Investigations into online advertising of dogs and cats for sale in the Union have also shown that illegal traders often pose as pet owners. The Union’s Alert and Cooperation Network receives a considerable number of notifications concerning illegal trading in dogs and cats, which are advertised as pets by traders posing as pet owners or moved in the Union by traders posing as pet owners. There is a need to counter a pattern of fraudulent activities that profit from poor welfare conditions, that are misleading for the consumers and that pose risks for public and animal health. Some Member States already require all owners, including pet owners, to identify and register all dogs and cats owned by them, regardless of whether they intend to place any dogs or cats on the market. Differences between the national traceability systems of dogs and cats inevitably leave room for the patterns of illegal trade that this Regulation aims to counter. Therefore, it is necessary to extend the identification and registration obligations to all dog and cat owners in the Union. Such measures would ensure a level playing field for all actors involved in the placing on the market of dogs and cats. A harmonised traceability system would also prevent animal welfare standards from being circumvented and would tackle misleading and deceptive practices in the market, strengthening the fight against the illegal trade in dogs and cats.

(11)

The illegal importation of dogs and cats from outside the Union has been increasing. Current Union rules on the movement of dogs and cats within, and their entry into, the Union, such as Regulation (EU) 2016/429 of the European Parliament and of the Council (4), do not contain sufficient tools to prevent this illegal trade and the animal welfare problems associated with it. This means that additional rules are required in order to fight fraudulent practices and the illegal trade in dogs and cats.

(12)

The traceability provisions of this Regulation also contribute to the protection of public health through better animal welfare and better animal health, as well as through better controls on the possible transmission of animal diseases, some of which are zoonotic, following a One Health approach.

(13)

A concept of ‘five domains’ (nutrition, physical environment, health, behavioural interactions and mental state) has been developed through scientific evidence to describe the various dimensions of animal welfare. It focuses on the absence of negative experiences for the animal and it also covers positive experiences. This Regulation should therefore be based on the concept of the ‘five domains’.

(14)

Regulation (EU) 2016/429 regulates transmissible animal diseases for the purpose of avoiding their spread in the Union. Regulation (EU) 2016/429 is not therefore directly concerned with animal welfare. However, the spread of diseases clearly has an effect on the health of animals, which is one of the five domains. Although this Regulation does not address the diseases listed in Regulation (EU) 2016/429, it is concerned with animal welfare. It addresses the state of health of dogs and cats as influenced by non-communicable diseases, including injuries, such as traumas, and bites on animals or humans caused by attacks, or non-listed diseases, such as those caused by parasites, such as Giardia and Leishmania, bacterial infections with Leptospira, and skin infections like Dermatophytosis and Scabies (Sarcoptic mange). Furthermore, dogs and cats can carry agents such as resistant bacteria that could cause infections in humans. As the traceability requirement serves two purposes, combating fraudulent practices and illegal trading as well as protecting public health, it is appropriate to extend the traceability requirement to all owners of dogs and cats, including operators, persons placing dogs and cats on the market and pet owners.

(15)

Regulation (EU) 2016/429 requires dogs and cats to be identified by means of a transponder, but only if they are being moved between Member States or are entering 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. The rules in this Regulation are therefore intended to complement those in Regulation (EU) 2016/429, and do not duplicate them or overlap with them.

(16)

This Regulation focuses on two elements. It regulates the welfare requirements when breeding or keeping dogs and cats that are to be placed on the market. Those welfare requirements should be addressed to operators of breeding establishments, selling establishments and shelters, as well as to operators that place dogs or cats in foster homes and are responsible for them there. Persons that are not regarded as operators should not be covered by those requirements. In addition, this Regulation lays down requirements on the traceability of dogs and cats. All persons who own a dog or cat, including operators, pet owners and other natural or legal persons, should be required to identify their dogs and cats and register them in interoperable national databases established for this purpose. Operators or other natural or legal persons placing dogs and cats on the market should be required to provide such information on the dog or cat when placing it on the market.

(17)

The development and use of digital tools in the area of animal health and welfare offer numerous benefits, such as improved operational efficiency, more accessible and more reliable data collection, enhanced traceability and better regulatory oversight. This Regulation includes multiple digital solutions designed to enhance the traceability of dogs and cats across the Union. The aim of those measures is to facilitate the aggregation and transmission of relevant data to competent authorities, thereby ensuring the consistent enforcement of this Regulation. The measures will also help authorities to gather new insights and to more effectively coordinate and fight fraud. Furthermore, they will support interested buyers in making informed decisions at the time of acquiring a dog or a cat.

(18)

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, the traceability of dogs and cats traded in the Union market should be ensured and the keeping of dogs and cats in breeding establishments, selling establishments, shelters and foster homes should be subject to detailed rules.

(19)

In order to ensure the smooth functioning of the market in dogs and cats and to contribute to the rational development of the pet animal sector as a whole, this Regulation should lay down rules on the breeding, keeping and placing on the Union market of dogs and cats. Those activities are associated with the regular offering of goods and services on the market, whether in return for payment or free of charge. The intention to make a profit and the legal or economic status of the operator are not decisive. What matters is the professional or business-related context in which such activities are carried out. The situation is different in the case of the military and the police or customs services that breed or keep dogs for their own official use, because those activities are not carried out for the purpose of placing them on the market. Pet owners that in an occasional manner at irregular intervals donate a dog or a cat without advertising it online should not be considered to be placing those animals on the market. This should mean, for example, that a donation of up to one litter per 24 months between family members or neighbours is not to be understood as placing on the market for the purposes of this Regulation.

(20)

Keeping of dogs and cats on behalf of owners, for example pet boarding, is a short-term and local activity and does not have a significant impact on the market. Since such activities do not involve placing on the market, there is no need to regulate them in this Regulation. Similarly, pounds do not keep dogs or cats with the purpose of placing them on the market. Unlike shelters, they provide emergency housing when a lost dog or cat has been found and keep it for a short period to enable the owner to retrieve it.

(21)

Directive 2010/63/EU of the European Parliament and of the Council (5) 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 (6) 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, and 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. Stray cats that roam freely in and around farms often serve a useful purpose, by controlling rodent populations at the farm. Farmers who provide food and refuge to such cats for the purpose of pest control should similarly be excluded from the scope of this Regulation, provided they are not operators and do not place those cats on the market.

(22)

As a consequence of the application of this Regulation, 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, in some cases this could result in significant costs for the operators. The potential risk of welfare problems grows as the number of dogs or cats bred or kept at an establishment increases. It is therefore appropriate, in the interests of proportionality, to take account of this fact by distinguishing between establishments of different sizes. Irrespective of the number of litters bred or the number of dogs or cats kept, all establishments should be subject to general welfare principles as well as certain specific welfare requirements. Only establishments keeping or placing on the market a certain number of dogs or cats should be subject to more comprehensive and detailed welfare requirements. This approach takes into account the financial burden resulting from compliance with the more comprehensive and detailed welfare requirements, such as costly structural investments.

(23)

This Regulation should lay down the thresholds for breeding establishments, shelters and foster homes to be subject to detailed animal welfare requirements. Even if the breeding activities take place in households, as is often the case for various commercial breeders, once those thresholds are reached, all the animal welfare requirements under this Regulation should apply. Considering the exclusively commercial nature of selling establishments, it is not necessary to set thresholds, and the requirements of this Regulation should therefore apply to all selling establishments, regardless of the number of dogs or cats kept.

(24)

At present, the material conditions in certain types of selling establishments are not appropriate to ensure the welfare of the dogs and cats that are kept there. This is the case of some pet shops, where the dogs or cats are kept in containers with transparent sides and limited space, and, in the case of dogs, without appropriate outdoor access. Dogs and cats in such establishments are exhibited to the general public, creating a stressful environment for the animals while increasing the risk of impulse buying by certain prospective consumers. This Regulation aims to enhance the protection of dogs and cats kept in selling establishments, by upgrading the welfare standards applicable to them, in particular by prohibiting the keeping of dogs and cats in containers, requiring outdoor access for dogs, and introducing minimum space allowances and obligations to make it possible for dogs and cats to socialise with animals of the same species and with humans. This aims to ensure that, once the requirements apply, all selling establishments have structures and practices in place that ensure the required high level of animal welfare.

(25)

Although some of the breeding establishments are run by licensed breeders with a good standard of animal management, a significant number of the dogs and cats placed on the Union market come from grey market breeders and sub-standard breeders that do not ensure a sufficient level of animal welfare for the dogs and cats they breed. This creates unfair competition for those breeders applying high standards of animal welfare. It is therefore necessary to establish detailed animal welfare rules for the operators of all breeding establishments.

(26)

In the Union market, various types of operators carry out different types of activities with respect to the placing on the market of dogs and cats. Apart from commercial breeders, certain selling establishments exist in which typically dogs and cats born and bred in other establishments are brought together and kept for the purpose of sale or collection. In some cases, the protection of these dogs and cats is suboptimal, and currently no common animal welfare standards apply to such establishments. Given that selling establishments are commercial operators that place dogs and cats on the market, it is necessary to apply the requirements of this Regulation to them.

(27)

Operators of shelters are private or public undertakings or non-profit organisations that collect and keep unwanted or stray dogs and cats, or formerly owned dogs and cats that have been lost, confiscated or abandoned. Sometimes, uncontrolled reproduction or overbreeding results in the proliferation of stray dogs and cats that end up in shelters. Depending on their background, those dogs and cats might be purebred or of mixed breeds and might include the litters of dogs or cats that have reproduced in the shelter. Shelters can keep large numbers of dogs and cats and might sell them or offer them for adoption or for re-homing, sometimes for free or upon payment of the reasonable costs incurred.

(28)

Despite the differences in the activities carried out by breeding establishments and selling establishments, on the one hand, and shelters and foster homes, on the other hand, they all place dogs and cats on the Union market. There is a certain amount of overlap, especially at the level of demand. When looking for a dog or cat, consumers make choices between buying one from a breeder, whether either directly or through a selling establishment, or adopting one from a shelter or foster home. One important factor in the choice of a dog or a cat is any behavioural or other problems that the dog or cat exhibits due to having been kept in poor welfare conditions and which could reduce its suitability to be kept as a pet animal, irrespective of whether it has been kept in a breeding or selling establishment, or in a shelter or foster home. Moreover, given that trade is also conducted by intermediaries, and mostly online, before they acquire a dog or a cat consumers might not be aware of whether the animal originates from a shelter, from a foster home, from a breeder or from a selling establishment. Providing such information could assist consumers in making informed and responsible choices. There is evidence that the number of dogs and cats placed on the Union market by shelters is significant, which is particularly the case for cats. There is also evidence that in some Member States dogs and cats from shelters are transferred to pet owners in other Member States, which is particularly the case for dogs. In order to ensure the achievement of the objectives of this Regulation, which are to ensure the smooth functioning of the 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 certain requirements of this Regulation to shelters that keep a certain minimum number of dogs or cats, irrespective of whether they place them on the Union market in return for payment, for free or upon reimbursement of reasonable costs. However, for reasons of proportionality and given that the activities of shelters and foster homes differ from those of other operators and fulfil a public interest function, certain requirements of this Regulation, including specific minimum space allowances, should not apply to shelters and foster homes.

(29)

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 might have an impact on the market of dogs and cats, foster homes should be covered by this Regulation. Operators placing dogs or cats in foster homes should be responsible for ensuring that those homes comply with the requirements of this Regulation. This could be achieved inter alia through the establishment of a contractual relationship between the operator and the foster family.

(30)

Since by their nature foster homes are households with a limited capacity for accommodating dogs and cats, operators should not place a large number of dogs and cats in any one foster home. It is therefore appropriate to set the maximum number of dogs and cats that can be fostered in one home. That is also the reason why foster homes should be subject only to the general welfare principles and requirements and to only some of the specific welfare requirements.

(31)

Since Regulation (EU) 2017/625 applies to official controls performed for the verification of compliance with rules in the area of welfare requirements for animals which includes welfare requirements for dogs and cats, such as those laid down in this Regulation, it is appropriate to use the definition of competent authorities from Regulation (EU) 2017/625 in this Regulation in order to ensure consistency with the application of rules on official controls concerning animal welfare.

(32)

As this Regulation is an example of Union legislation in the area of welfare requirements for animals referred to in Article 1(2), point(f), of Regulation (EU) 2017/625, the requirements of Regulation (EU) 2017/625 apply in addition to those laid down in this Regulation. In particular, Member States have obligations under Regulation (EU) 2017/625, including an obligation to submit an annual report of the official controls that they performed in the previous year. That obligation should cover official controls performed for the verification of compliance with rules on animal welfare and traceability in respect of dogs and cats. The standard model form to be used by Member States for such reporting laid down in Commission Implementing Regulation (EU) 2019/723 (7) should be updated to take account of this Regulation.

(33)

The One Health approach could be a useful guide for operators when implementing the welfare requirements under this Regulation. Regulation (EU) 2019/6 contains a comprehensive set of requirements to ensure the prudent use of antimicrobials in animals. In order to address the risks of antimicrobial resistance while ensuring high standards of animal health and welfare, those requirements also apply to dogs and cats kept in breeding establishments, selling establishments and shelters. It is essential for veterinarians to take those elements into account during their advisory welfare visits.

(34)

There is evidence that activities are taking place on the territory of the Union, sometimes with a cross-border element, that result in dogs and cats being subjected to physical and mental suffering which, in some cases, can cause death. Dog fighting is a notable example. This Regulation should prohibit operators from engaging in any activity that involves the suffering of dogs and cats under their care.

(35)

In order to ensure the proper enforcement of this Regulation, it is essential that competent authorities be able to identify which establishments are subject to their official controls. It is therefore necessary for operators keeping dogs or cats in establishments to notify their activities to the competent authorities and for those competent authorities to keep an updated register of such establishments. In order to minimise the administrative burden on operators, competent authorities should use, for that purpose, the information or data in the relevant register of establishments under Regulation (EU) 2016/429.

(36)

Well-trained and skilled staff are essential to the improvement of the welfare conditions of animals in establishments. Such staff need to have knowledge of the basic behavioural patterns and needs of the species concerned. In order to avoid inflicting physical and mental suffering on dogs and cats, animal carers should have the knowledge and skills in the field of animal welfare relevant to their tasks and to the dogs or cats that they handle. For dogs and cats, effective animal handling involves techniques such as operant conditioning, and positive reinforcement promoting a stress-free environment. Competences in the field of animal welfare should be acquired through education, training or professional experience. Since shelters are often dependent on work by volunteers, and since interns often receive their practical training at those establishments, volunteers and interns in shelters should not be required to have formal education, training or professional experience, provided that they are supervised by a competent animal carer.

(37)

In addition, to ensure the welfare of dogs and cats in an establishment, at least one of its carers should receive training in the requirements of this Regulation and, where relevant, of additional national requirements, and have knowledge of updated scientific and technical recommendations. The operator should ensure that the carer that followed the training disseminates the knowledge acquired to the other carers in the establishment. The Commission should adopt implementing acts to lay down the minimum requirements for such training. The Commission has the possibility to establish a European Union Reference Centre for the welfare of dogs and cats under Article 95 of Regulation (EU) 2017/625 for the purpose of providing technical and scientific advice to the competent authorities in the context of their official controls to enforce this Regulation. Such European Union Reference Centre for the welfare of dogs and cats could publish, after coordination with the Commission, recommendations and examples of training materials, in line with the minimum requirements laid down in the implementing acts and taking into account the most updated scientific and technical knowledge.

(38)

The competent authorities responsible for ensuring that training courses are available and of sufficient quality could collaborate with other relevant authorities, veterinary associations and educational institutions to develop high-quality, science-based training programmes.

(39)

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. Establishments keeping a number of dogs and cats above a certain threshold should therefore receive an animal welfare visit from a veterinarian within the first year of application of this Regulation or within the first year after notifying a new establishment.

(40)

For welfare reasons, ending the life of dogs and cats should always be performed in a manner that causes minimum pain and distress to the dog or cat concerned. Veterinarians are educated to assess the animal’s condition and to perform euthanasia, if necessary. Operators should seek to consult a veterinarian, and the veterinarian should perform euthanasia on the dog or cat, in principle, with the operator’s prior consent. In case of emergencies or accidents, where veterinary assistance is not accessible, Member States should have the option to allow the life of the dog or cat to be ended by a trained competent person, provided that the method used is instantaneous.

(41)

Certain breeding strategies lead to welfare problems for dogs and cats. By selecting certain genetic traits for aesthetic or other marketing reasons, traits that are undesirable from an animal welfare perspective can 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 excessive conformational traits can lead to significant health problems for the dogs and cats concerned, breeders should exclude dogs and cats that exhibit such traits from breeding programmes.

(42)

Aesthetic shows, exhibitions and competitions have an impact on the market opportunities and prices of 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. Organising and participating in such shows, exhibitions and competitions can be driven by factors other than animal welfare, such as aesthetic standards, and can have the aim of advertising certain breeds and physical characteristics. In order to ensure that breeders prioritise the welfare of the dogs and cats that they produce and do not develop excessive conformational traits in, or perform mutilations on, them to attain unhealthy aesthetic standards, operators of breeding establishments and selling establishments and the organisers of such shows, exhibitions and competitions should not use or include in such shows, exhibitions or competitions dogs or cats with excessive conformational traits or those which have been mutilated.

(43)

Scientific evidence demonstrates that inbreeding has a significant negative impact on animal welfare. The inbreeding of dogs and cats between parents and offspring, between siblings, between half-siblings or between grandparents and grandchildren should be prohibited, since this increases the incidence of inherited disorders and compromises the proper functioning of the immune system, both of which adversely impact the welfare of dogs and cats. Inbreeding could, however, be necessary to preserve local breeds with a limited genetic pool. It should therefore be possible for the competent authority to authorise it in such cases.

(44)

Hybridisation with wild species should not be encouraged, as hybrids are not as domesticated as dogs and cats. Given the significant difficulty in meeting the specific behavioural needs of such hybrids and the discomfort or suffering occasioned to them, breeding to produce such hybrids should be prohibited.

(45)

The European Food Safety Authority (EFSA) has provided technical and scientific assistance on several questions regarding housing, health and painful procedures relevant to dogs and cats kept in breeding establishments. This Regulation takes into account the recommendations by EFSA on the type of housing and exercise, on housing temperature and light, and on health and painful surgical interventions.

(46)

Scientific evidence highlights the importance of feeding, watering, housing, healthcare, tending to behavioural needs, and the prevention of painful practices for the welfare of dogs and cats. It is therefore essential that those aspects of keeping dogs and cats be regulated in detail.

(47)

There is clear scientific evidence that dogs and cats need to have enough space in which to express their natural behaviour and to have normal social interactions. This is not possible where animals are kept in confinement, and in particular when they are kept in containers. The keeping of dogs and cats in containers should therefore be prohibited, except if it is necessary for transportation of the animals or for the temporary, short-term isolation of individual dogs and cats, for the duration of the participation in shows, exhibitions and competitions, for puppies or kittens with reduced thermoregulation capacity and for puppies or kittens together with their mothers, provided that stress is minimised, suffering due to extreme temperatures is avoided and the animal is able to stand up, turn around and lie down in a natural position.

(48)

Dogs and cats should be provided with a designated resting place with the possibility to withdraw, rest and feel safe. The resting place should be clean and dry and should, for example, be covered with soft materials, such as a mat, blanket or other suitable materials to provide comfort and good body support. The resting place should be sufficiently large for them to be able to stand up, turn around and lie down in a natural position. All dogs or cats sharing the same space should be able to rest at the same time.

(49)

Mating, where the male and female interact naturally, is influenced by several factors, including hormonal cycles, behaviour and timing. Therefore, physically restraining the movement of dogs or cats during mating is contrary to their natural behaviour and thus adversely impacts their welfare. Operators should not physically restrain dogs or cats during mating. Instead, operators should try to find other means to influence a successful mating, such as optimising the timing for mating.

(50)

The operator, acting on the basis of veterinary advice and taking into account the particular situation of a dog or cat, can choose that reproduction be controlled by surgical or non-surgical means. In order to avoid pain, any surgical sterilisation should be performed by a veterinarian, or, in the case of male cats, where the Member State so allows, by a licensed veterinary nurse, using anaesthesia and prolonged analgesia.

(51)

Tethering for long periods should be prohibited, as it can raise significant animal welfare concerns. It can be associated with an increased prevalence of locomotor disorders and an inability to lie or rest comfortably, and to behave normally.

(52)

Providing enough space for dogs and cats to express innate behaviours is of great importance. For the same reason, containers should be used only in exceptional circumstances, such as the need to place an aggressive dog or cat in short-term isolation or the transportation of dogs and cats to a veterinarian. In order to facilitate the natural circadian rhythms of dogs and cats, their accommodation should also provide access to natural light, although it can be complemented where necessary by artificial lighting. To better support their development, puppies from the age of five weeks can be introduced to a secure outdoor area for certain periods, taking into account their individual needs and the weather conditions. In order to address their need to exercise, socialise and express other innate behaviours, dogs more than eight weeks old should be provided with access to the outdoors. Such dogs should, for a minimum combined period of one hour, have safe daily access to the outdoors or be walked.

(53)

To prevent their welfare being compromised, and in particular to prevent pregnancy complications, female dogs and female cats should not be bred before they reach maturity. To allow them to physically recuperate from pregnancy and lactation, bitches and queens should be allowed to reproduce again only after a sufficient period has elapsed. However, to prevent certain pathological reproductive conditions in bitches and queens, such as pyometra, up to three pregnancies within a two-year period should be allowed, followed by an adequate recuperation period, which should be at least one year for bitches and queens that have delivered three litters, including litters of stillborn puppies or kittens, within a two-year period. Reproduction should cease in bitches and queens coming into older age and in bitches and queens that have had two caesarean sections, as it cannot be excluded that an additional pregnancy will have a negative effect on their welfare.

(54)

The change of practices regarding the cycle of reproduction required by this Regulation could, in some instances, have a negative impact on the revenue of breeders of dogs and cats due to decreasing the number of litters produced per year. It is therefore necessary to provide breeders with additional time to adapt their business models.

(55)

It is essential that dogs and cats pose no threat to human safety. To reduce the risk of aggression towards humans, dogs and cats born or kept in establishments should be appropriately socialised with members of the same species, with humans and, where possible, with other animals. They should be kept in a stimulating and non-threatening environment equipped with enrichments, for example toys, providing them opportunities to play and express other innate behaviours. The separation of dogs and cats from their mothers should not happen at too young an age since this can cause those animals serious separation stress and associated behavioural problems. It should therefore be prohibited, except where there are medical reasons for the separation.

(56)

Procedures with the purpose of altering the appearance, or preventing certain behaviours of, dogs and cats, such as ear cropping, tail docking, claw removal and the resection of vocal cords or folds, have a serious negative impact on their welfare. Those procedures cause pain and prevent dogs and cats from exhibiting innate behaviours. For this reason, such procedures should be allowed only if performed by a veterinarian and only when necessary for medical reasons. Prophylactic interventions should not be allowed to be performed unless the veterinarian identifies a medical indication justifying such an intervention.

(57)

Dogs used in military, police and customs services play a central role in national security. To accommodate the specific needs of the military, of police and customs services and of operators breeding and training dogs for those authorities, Member States should be allowed to grant exemptions regarding painful handling practices and tethering, since such practices and tethering might be necessary during the training of such dogs. Despite those exemptions, it is important that staff training dogs for the military or for police and customs services in establishments receive regular training in appropriate skills so that they apply appropriate handling and training methods and minimise pain for the dogs in their care.

(58)

Livestock guardian dogs are bred to guard livestock and protect them from predators in agricultural or pastoral settings. Such dogs often spend prolonged periods in the outdoors without the presence of a human being. Due to the way in which they are used, and its determining effect on their living conditions, regularly feeding and inspecting such animals is sometimes challenging. It is often difficult to comply with those requirements of this Regulation that aim to ensure that the housing and socialisation needs of such animals are met. Moreover, dogs that are used for steering the movement of a herd are herding dogs and accompany the person responsible. Exemptions for certain requirements of this Regulation concerning housing and socialisation are necessary for such dogs during the period in which the seasonal transhumance of such herds takes place.

(59)

The conditions in breeding establishments are particularly critical to ensuring that dogs and cats are properly bred, kept and treated before being placed on the market, in particular due to the repercussions that poor animal welfare conditions can have on dogs and cats at an early age. It is therefore important that breeding establishments that have a significant production capacity, be approved by the competent authorities and be subject to on-site pre-inspection before their approval. Such pre-inspection by official veterinarians, or, where the official control task has been delegated, by other professionals, and the consequent approval of those establishments are an effective way of ensuring that establishments comply with the requirements of this Regulation. However, given that the focus of such inspections should be on establishments representing a higher risk from the point of view of compliance with animal welfare rules, and given the limited availability of official veterinarians in Member States, it would not be proportionate to require prior on-site inspection and approval for all establishments. It is also important that a list of those approved establishments be publicly available to allow potential acquirers to verify the status of the breeding establishments, thereby supporting public control of such establishments and raising citizens’ awareness. Since the breeding establishments need time to implement housing requirements, and competent authorities need time to carry out on-site inspections of existing breeding establishments, the obligation on the part of breeding establishments to obtain approval should start to apply on the same date as the requirements for housing.

(60)

Some operators placing dogs or cats on the market encourage potential customers to buy at any cost, using emotional arguments, without mentioning to the potential owner the consequences of owning a dog or a cat. Other operators insist on the responsibilities that go with pet ownership and this, naturally, has the potential effect of limiting their ability to place dogs or cats on the Union market. The difference between these two attitudes tends to give an advantage to the less responsible operators, leading to distortions of competition despite the importance for animal welfare and public order of informing customers about their responsibilities when acquiring a dog or cat. It is therefore justified to require that all operators placing dogs or cats on the Union market inform future owners of their responsibilities. In addition, where the placing on the market of a dog or a cat by an operator is facilitated by an online advertisement, an appropriate warning should accompany it to convey the message on responsible ownership in an effective manner. It is important to promote responsible pet ownership for the good functioning of the market and the protection of consumers, and to avoid dogs and cats being abandoned because pet owners were unaware before acquiring the animal of the responsibilities that pet ownership entails. Therefore, the obligation to display a warning on responsible ownership in online advertisements concerning the sale, donation or any other form of transfer of ownership should also apply to natural or legal persons other than operators. The obligation to display the warning on responsible ownership applies to the persons placing dogs and cats on the market for the purpose of this Regulation. It is not intended to interfere with the freedom of the press and freedom of expression or with existing national rules on editorial responsibility that are not harmonised at Union level.

(61)

Illegal trafficking and fraudulent practices related to the placing on the Union market of dogs and cats are made easier by the inability to trace those animals. That lack of traceability is the result of incomplete identification requirements and the lack of registration requirements for such animals. Furthermore, fraudulent practices are facilitated when systems for the identification and registration of dogs and cats are not harmonised or cannot easily be operated because the technical infrastructure is not interoperable. Both the EU coordinated control plan on online sales of dogs and cats of 2018 and the EU enforcement action on the illegal trade of cats and dogs carried out in 2022-2023 revealed widespread fraudulent practices in the placing on the market of dogs and cats in the Union, and associated animal welfare problems. It is therefore essential to harmonise the standards for the means of identification and registration of dogs and cats. Laying down a broad obligation to identify and register dogs and cats avoids loopholes in the traceability system which would otherwise risk being exploited by fraudsters. Natural or legal persons placing dogs or cats on the Union market should provide evidence of identification and registration in one of the databases established by Member States for this purpose. Every subsequent change of ownership or responsibility for a particular dog or cat should be registered in one of the databases. Bearing in mind the central role of dogs used in military, police and customs services for national security, the Member States should be allowed to grant exemptions concerning the registration of such dogs in order to prevent them being traced back to those services.

(62)

Natural or legal persons placing dogs or cats on the Union market should provide evidence of identification by showing a document referring to the code of the transponder implanted in the dog or cat as well as evidence of the registration of that animal in an official database. In this way, key information about the animal will be passed on to the new owner and its traceability will be ensured.

(63)

As most dogs and cats are currently offered for sale or donation by means of online advertisements, the Commission should ensure the development of a system that is publicly available and free of charge that enables acquirers to verify the authenticity of the identification, registration and ownership of the dog or cat advertised. For this purpose, the natural or legal person advertising the dog or cat online should be required to use the verification system and to display the token generated by that system in the advertisement. This measure aims to better combat fraud by improving the traceability to their origin of dogs and cats placed on the Union market, allowing better controls by competent authorities, and ultimately improving the welfare of those animals. Providers of online platforms should act diligently when acting as intermediaries in the placing of dogs and cats on the Union market. Therefore, without prejudice to Regulation (EU) 2022/2065 of the European Parliament and of the Council (8), online platforms allowing advertising of dogs and cats for the purpose of placing them on the market should be required to design and organise their online interface in a way that enables natural or legal persons advertising dogs and cats to display the relevant token and to inform acquirers about the verification system. This should neither amount to an obligation for online platforms to generally monitor the advertisements 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.

(64)

Since the level of awareness on animal welfare of animal carers has a direct impact on the welfare of dogs and cats under their care, Member States should ensure that sufficient training is available both in terms of quantity and quality to enable animal carers to meet the training requirements set out in this Regulation.

(65)

To ensure the traceability of dogs and cats, they should be individually identified with a unique identifier in the form of a transponder, and their identification details should also be registered in a database. Therefore, Member States should be responsible for establishing and maintaining databases of dogs and cats in their territories to ensure the traceability of those animals. It is also necessary to ensure the interoperability of those databases. That will make it easier to find information on dogs and cats across the Union and enable competent authorities to carry out official controls to ensure compliance with animal welfare rules. In order to facilitate the interoperability of those national databases, the Commission should establish an index database.

(66)

To evaluate the progress of the animal welfare conditions in which dogs and cats are kept in establishments and of the traceability of the animals, it is necessary that Member States collect, report and analyse key policy indicators. Those key policy indicators should be harmonised under this Regulation to ensure their comparability at Union level, and to enable monitoring at Union level of the progress in achieving the policy objectives of this Regulation.

(67)

Regulation (EU) 2018/1725 of the European Parliament and of the Council (9) 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 (10) 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 should be clearly defined in order to ensure a high level of data protection.

(68)

For the purpose of this Regulation, the names of natural persons and related contact details should appear in the documents processed by the Commission and the Member States in the course of the implementation of this Regulation, namely the notification and approval of establishments, the registration of dogs and cats, the verification of the registration of dogs and cats, and imports of dogs and cats. The processing of that personal data is justified by the public interest in ensuring respect for the welfare requirements for dogs and cats, including the performance of official controls, and ensuring traceability, and in preventing those welfare requirements being circumvented, and in combating the illegal trade in dogs and cats both between Member States, and, in the case of imports, from third countries.

(69)

The retention period for personal data in the register of establishments and the list of approved breeding establishments should be 10 years from the date of cessation of activity of the establishment, since competent authorities need to have access to the history of activities of an operator in relation to the breeding, keeping and placing on the Union market of dogs and cats, and to be aware of past non-compliance with animal welfare rules when receiving a new notification of activity or a request for approval.

(70)

The retention period for personal data of the present and past owners of dogs or cats in national databases and in the index database should be five years from the recording of the death of the dog or cat in those databases or 25 years from the date of the first registration of the dog or cat in those databases. That retention period is designed to cover the life expectancy of dogs and cats, to ensure that a robust traceability system exists for all dogs and cats traded in the Union, and to provide data, including after the death of a particular dog or cat, for official controls on welfare problems such as abnormally high death rates, which require data analysis.

(71)

The retention period for data concerning owners and authorised persons entering the Union with dogs or cats under non-commercial movements pre-notified in a Union pet traveller database should be five years from the pre-notification by the owner in order to enable the competent authorities to perform data analysis, identify suspicious movements, and establish risk-based official controls for the purpose of targeting potential fraudsters.

(72)

The retention period for the data in the Union verification system concerning natural or legal persons advertising a dog or cat for the purpose of placing it on the market and using the verification system to generate the required token should be 18 months from the generation of the token, in order to enable the system to confirm the authenticity of the identification, registration and ownership of the dog or cat advertised to an acquirer using that system during the expected maximum time of publication of the online advertisement.

(73)

It is possible that dogs and cats imported into the Union were bred or kept in third countries in conditions that were detrimental to their welfare. This raises public morality concerns, as well as presenting safety and animal health and public health risks in the Union. Union citizens consider that a high level of welfare of dogs and cats is a question of moral responsibility, as illustrated by the results of the 2023 Eurobarometer on animal welfare, as well as by the voluminous correspondence and the numerous petitions received by the European Parliament on this matter, the many parliamentary questions raised and the European Parliament resolution of 12 February 2020 on protecting the EU’s internal market and consumer rights against the negative implications of the illegal trade in companion animals, as well as the Union ban on the placing on the market and import of dog and cat fur and products containing such fur. Furthermore, problems for animal life or health are part of animal welfare problems. For example, exhaustion, cachexia and susceptibility to infectious diseases can arise from overly intensive use of female dogs or cats for breeding that fails to respect the welfare needs of those animals. Lastly, poor welfare conditions can lead to public health risks, including an increase in the incidence of zoonotic agents such as dermatophytosis or internal parasites, as well as an indirect enhanced risk of antimicrobial resistance development due to a need for high volumes of use of antimicrobials in the establishment of origin. Dogs and cats bred under poor welfare conditions can also represent a risk for public safety since it is possible that they will react by developing aggressive behaviour. Given these public morality concerns, and safety, animal health and public health risks, and in order to achieve the objectives of this Regulation, it is important that operators involved in importing dogs and cats from third countries comply with rules as regards the animals’ welfare that are identical or equivalent to those laid down in this Regulation, and offer the same guarantees as regards the animals’ traceability. Given that this will require changes from third-country operators involved in exporting dogs and cats to the Union, it is necessary to provide for a transitional period of the same duration as that applicable to Union operators.

(74)

In order to ensure that the import rules are properly enforced, the Commission should draw up a list of third countries approved to place dogs and cats on the Union market based on its assessment of the reliability of the official controls in those third countries to enforce the animal welfare rules under this Regulation, or recognised by the Union as equivalent rules, as applied to 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 to facilitate controls at Union Border Control Posts. The Commission should carry out, using a risk-based approach, audits of the reliability of the official control systems of third countries approved under this Regulation, as well as of those third countries requesting to be approved under this Regulation. 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. To that end, the Commission should endeavour to amend the relevant model of official certificate, in order to include the related animal welfare attestation.

(75)

To enhance consumer protection and ensure proper traceability of dogs and cats imported into the Union, it is appropriate in this Regulation to require that the animals be identified before their entry into the Union and that their importers ensure the animals’ registration in one of the Member State databases. This will result in greater oversight of 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 of importing into the Union dogs and cats intended for trade, while 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 of a transfer of ownership. In order to provide tools for Member States to perform risk-based controls targeting that fraudulent practice, it is essential that the entry into the Union of dogs and cats as non-commercial, independently from the number of the animals, be pre-notified through a dedicated Union pet traveller database. That database should collect notifications for the entry into the Union of all such animals regardless of the point of entry, in order for Member States to have the necessary overview and to help 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 control activities. Member States should use the information collected in the database and, where appropriate, carry out targeted controls of suspicious movements including, where necessary, on-the-spot checks.

(76)

In order to implement this Regulation effectively, Member States are encouraged to carry out campaigns to raise awareness of the obligations laid down in this Regulation, including campaigns aimed at natural or legal persons who own dogs or cats, and potential acquirers of dogs or cats. Those campaigns could cover the obligation to identify and register dogs and cats in accordance with this Regulation, the requirements regarding the content of advertisements for the sale or transfer of ownership or responsibility for dogs or cats, as well as the reasons for the system for verifying the authenticity of online advertisements, its technical features and how to use it. The campaigns could cover the reasons for the responsible ownership warning, and explain the concept of responsible ownership, including the importance of not abandoning dogs or cats. The Commission should facilitate the exchange of best practices concerning such awareness-raising activities. Several Member States have neutering programmes in place for dogs and cats in order to limit uncontrolled reproduction of stray dogs and cats. They carry out awareness-raising campaigns on such programmes. Ineffective neutering programmes can lead to an increase in abandonment. If, in addition, stray animal populations are inadequately managed, it can result in more dogs and cats being placed on the market in the Union. National campaigns on neutering programmes could be integrated within the awareness-raising campaign on the obligations laid down in this Regulation with the aim of encouraging responsible ownership and reducing the pressure on the market of dogs and cats.

(77)

In order to take into account technical progress and scientific developments, especially the opinions of EFSA, and the social, economic and environmental impact of that progress and those developments, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission for the purpose of supplementing this Regulation by laying down indicators concerning the behaviour and physical appearance of dogs and cats by specifying the characteristics of genotypes, and the excessive conformational traits that should lead to a dog or a cat being excluded from reproduction, so that breeding strategies do not result in detrimental effects on the health or welfare of 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, those delegated acts should reflect a progressive and balanced approach, in order to ensure proportionate and practically achievable implementation.

(78)

In order to lay down minimum criteria to be assessed during animal welfare visits, as well as to take account of technical progress and scientific developments, and their social, economic and environmental impact, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of supplementing Article 10 of this Regulation and amending the Annexes to this Regulation, as regards requirements for the breeding, keeping and identification of dogs and cats as well as indicators to monitor the policy objectives of this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (11). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(79)

Implementing powers should be conferred on the Commission in order to ensure uniform conditions for the implementation of the following:

Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (12).

(80)

The attitude of citizens varies across Member States regarding the welfare of dogs and cats. Some Member States have thus already adopted a comprehensive set of rules on the welfare of such animals. Since this Regulation lays down minimum requirements, it is therefore appropriate that Member States be allowed to maintain or adopt stricter national rules aimed at a more extensive protection of dogs and cats than those laid down in this Regulation, provided that those national rules do not affect the proper functioning of the internal market.

(81)

Member States should notify the Commission of any national rules that are stricter than those under this Regulation. The Commission should bring such rules to the attention of other Member States. Where national rules fall within the scope of Directive (EU) 2015/1535 of the European Parliament and of the Council (13), they should be notified to the Commission in accordance with that Directive.

(82)

It is essential that Union law be subject to regular monitoring and evaluation so that, where necessary, it can be updated in order for it to continue to achieve its objectives. 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.

(83)

To ensure the full application of this Regulation, Member States should lay down rules on penalties applicable to infringements of this Regulation covering all obligations applicable to operators, including the prohibition on abandoning dogs and cats, and ensure that they are enforced. Those penalties should be effective, proportionate and dissuasive. In particular, in cases of serious or repeated infringements, the Member States should lay down penalties that are financially dissuasive, taking account of the operator’s turnover, and that include the possibility to prohibit an operator from exercising its activity.

(84)

Considering the costs of operating a shelter and the public benefits of that activity, when shelters comply with the requirements laid down in this Regulation for the welfare of unwanted, abandoned or stray dogs and cats, Member States are encouraged to consider taking measures to ensure that shelters and organisations responsible for those animals are appropriately financed in accordance with national law.

(85)

Since the objectives of this Regulation, namely to establish minimum requirements that ensure the proper functioning of the internal market while ensuring a high level of welfare of dogs and cats and the traceability of those animals cannot be sufficiently achieved by the Member States, but can rather, by reason of its effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

(86)

The European Data Protection Supervisor was consulted in accordance with Article 57(1)(g) of Regulation (EU) 2018/1725 and delivered an opinion on 18 November 2024,