Explanatory Memorandum to COM(2012)89 - Non-commercial movement of pet animals - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2012)89 - Non-commercial movement of pet animals. |
|---|---|
| source | COM(2012)89  |
| date | 05-03-2012 |
1.1. Grounds for and objectives of the proposal
The proposal repeals and replaces Regulation (EC) No 998/2003 of the European Parliament and of the Council laying down the animal health requirements applicable to the non-commercial movement of pet animals and amending Council Directive 92/65/EEC i.
1.2. Legal background
Regulation (EC) No 998/2003 was brought into line with the regulatory procedure with scrutiny by Regulation (EC) No 219/2009 of the European Parliament and of the Council of 11 March 2009 adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC with regard to the regulatory procedure with scrutiny i.
It was later substantially amended by Regulation (EU) No 438/2010 of the European Parliament and of the Council of 19 May 2010 amending Regulation (EC) No 998/2003 on the animal health requirements applicable to the non-commercial movement of pet animals, in particular to extend the transitional regime provided for in Articles 6, 8 and 16 until 31 December 2011.
It was also partially brought into line with the Treaty on the Functioning of the European Union (TFEU). However, in a statement annexed to Regulation (EU) No 438/2010, the Commission undertook to propose a revision of Regulation (EC) No 998/2003 in its entirety, and, in particular, the aspects of delegated and implementing acts.
Regulation (EC) No 998/2003 also provides that as of 3 July 2011, i.e. the end of the eight-year transitional period provided for in Article 4 i thereof, electronic identification is the only means of identifying a pet dog, cat or ferret. However, an animal bearing a clearly readable tattoo applied before that date continues to be considered identified in accordance with the Regulation.
Because of the expiry of the aforementioned transitional regime and period and the need to make a number of amendments bringing the animal health requirements laid down in Regulation (EC) No 998/2003 into line with the TFEU in a sufficiently clear and accessible manner for the ordinary citizen, that Regulation should be repealed and replaced by this proposal.
2. CONSULTATION OF INTERESTED PARTIES
Since the objective of this proposal is mainly to bring Regulation (EC) No 998/2003 into line with Articles 290 and 291 TFEU and to clarify certain aspects of the Regulation, no significant impacts are foreseen. Hence no particular consultation or impact assessment were necessary.
3.1. Summary of the proposed action
The aim of the proposal is to repeal and replace Regulation (EC) No 998/2003 by the proposed Regulation, which:
(a) aligns the powers conferred on the Commission under Regulation (EC) No 998/2003 with Articles 290 and 291 TFEU;
(b) clarifies for the ordinary citizen the regime that will apply after the end of the transitional regime provided for in Articles 6, 8 and 16 of Regulation (EC) No 998/2003 and of the transitional period provided for in Article 4 i.
3.2. Legal basis
The primary objective of the proposal is the protection of animal and public health.
Therefore, as Regulation (EC) No 998/2003 was based on Article 37 and Article 152(4)(b) of the Treaty establishing the European Community, the proposal is accordingly based on Article 43 i and Article 168 i TFEU.
3.3. Subsidiarity principle
The subsidiarity principle applies insofar as the proposal does not fall under the exclusive competence of the Union.
The objective of the proposal cannot be sufficiently achieved by Member States’ actions. To reduce the administrative burden for the competent authorities (EU, national and third countries) and for ordinary citizens while preserving a high level of protection of animal and public health, animal health requirements for the non-commercial movement of pet animals into Member States from other Member States or third countries are needed at Union level.
3.4. Proportionality principle
In accordance with the principle of proportionality, this measure does not go beyond what is necessary in order to achieve the objective.
The form of the measure is a Regulation of the European Parliament and of the Council which is directly applicable in all Member States. This ensures that national and EU administrations will not incur any costs for transposition of the legislation into national legislation.
3.5. Choice of instrument
Proposed instrument: Regulation of the European Parliament and of the Council.
Other means would not be appropriate because the objectives of the measure can be achieved most efficiently by fully harmonised requirements (including timely entry into force) throughout the Union, ensuring free movement of pet animals accompanying their owner.
The proposal has no implications for the Union budget.
5. ADDITIONAL INFORMATION
The proposed act should extend to the European Economic Area since it concerns an EEA matter.
The provisions of Council Directive 92/65/EEC of 13 July 1992 laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A (I) to Directive 90/425/EEC i, which relates to trade in and imports of dogs, cats and ferrets, refer to the respective provisions of Regulation (EC) No 998/2003.
In the interests of the consistency and coherence of Union legislation, Directive 92/65/EEC should be amended in order to replace the references to Regulation (EC) No 998/2003 by references to the proposed act.
The two proposals are presented together in order to be adopted simultaneously.