1 Rabies: non-commercial
movement of pets
| (30707)
11216/09
+ ADDs 1-2
COM(09) 268
| Draft Regulation amending Regulation (EC) No 998/2003 on the animal health requirements applicable to the non-commercial movement of pet animals
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| Legal base
| Articles 37 and 152(4)(b)EC; co-decision; QMV
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| Document originated
| 16 June 2009
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| Deposited in Parliament
| 23 June 2009
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| Department
| Environment, Food and Rural Affairs
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| Basis of consideration
| EM of 7 July 2009
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| Previous Committee Report
| None, but see footnotes 2 and 3
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| To be discussed in Council
| No date set
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| Committee's assessment
| Politically important
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| Committee's decision
| Not cleared; further information requested
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Background
1.1 Regulation 998/2003[1]
harmonised the Community's rules governing the non-commercial
movement of pet animals, and, among other things, relaxed the
rabies restrictions hitherto imposed by the UK (as well as by
Ireland, Sweden, Finland and Malta) on imports of cats and dogs
from other Member States and from listed third countries deemed
to be free of rabies (or to present a risk no greater than that
associated with movements between Member States). Thus, such animals
may now be imported without undergoing quarantine, provided they
have been vaccinated and are properly identified. However, the
UK, Ireland, Sweden, Finland and Malta were permitted —
subject to a transitional period, which was due to expire on 3
July 2008 — to require that the animals in question should
be subjected to additional conditions, notably post-rabies vaccination
blood testing and treatment against certain parasites: and, in
the case of non-listed third countries, they may also maintain
quarantine arrangements.
1.2 The Commission was required to present
by 1 February 2007 a report on the subsequent need for these additional
controls, but only did so in October 2007.[2]
Consequently, in order to allow sufficient time for proper consideration
to be given, it proposed[3]
that the current transitional arrangements should be extended
until 1 September 2009.[4]
It also noted that four policy options were being considered —
the continuation of the present pre-entry conditions for UK, Ireland,
Sweden, Finland and Malta on a permanent basis; an extension of
the current transitional period; a lifting of those measures,
and an adjustment to the current rules — and that the Commission
would be putting forward further proposals in due course.
1.3 In reporting these two documents
to the House on 30 January 2008, we also noted that, in response
to our query as to how the Government would view a weakening,
or possibly removal, of the additional safeguards currently applied
by the UK, we were reminded by the then Minister (Lord Rooker)
that the UK's long standing quarantine system had been modified
in February 2000 when the Pet Travel Scheme was introduced, and
that that Scheme provided an alternative if cats and dogs entering
the UK met certain conditions — conditions which he said
had been retained, virtually unchanged, with the introduction
of Regulation(EC) No. 998/2003. We were also told that a review
by DEFRA had indicated that the current UK controls may no longer
be proportionate to the risk of rabies entering the UK, but that
the Government expected there to be detailed discussion of future
proposals for any revised regime, to ensure that it is proportionate
to the risk of disease actually entering the UK or the rest of
the Community.
The current proposal
1.4 The Commission has now put forward
this proposal for a further extension of the present arrangements.
In doing so, it has recalled the reference in its earlier report
to an opinion of the European Food Safety Authority (EFSA) that
the continuing presence of rabies in certain Member States is
primarily in wildlife, and that, as that source of infection is
eliminated, the occurrence of the disease in domestic animals
diminishes. It adds that the Community has approved a number of
programmes to eradicate rabies in wildlife in the Member States
in question, and that Community support for these programmes is
currently expected to be completed by the end of 2011. In view
of this, it has proposed a further extension of the special arrangements
until 31 December 2011.
The Government's view
1.5 In his Explanatory Memorandum of
7 July 2009, the Minister of State at the Department for Environment,
Food and Rural Affairs (Jim Fitzpatrick) says that the proposal
as it stands will largely maintain the current policy in respect
of the UK's animal health requirements for the import of pet dogs,
cats and ferrets until 31 December 2011. It does, however, suggest
one amendment relating to the health requirements for pets entering
the UK from third countries not listed in the Regulation, in that
it would remove the explicit reference to the requirement for
pets from unlisted third countries to re-prepare under the Pet
Travel Scheme after their entry into the Community but before
entry to the UK. The UK will be seeking clarity from the Commission
on this point, and will seek to maintain the current arrangement
whereby pets undergo additional health requirements before they
can enter the UK from unlisted third countries via another Member
State.
1.6 The Minister points out that the
UK would from 1 January 2012 have to fall in line with the movement
requirements for pets which currently apply in most other Member
States. This would mean that pets from the rest of the Community
and certain listed third countries (such as the USA and Australia)
would no longer need a pre-entry blood test, and could enter the
UK 21 days after being vaccinated against rabies. Moreover, they
would no longer be required to be treated against certain ticks
and tapeworm before entry (though he notes that the Commission
would be able to propose additional measures for diseases other
than rabies to be carried out on pet animals before entry into
a Member State).
1.7 In the case of pets entering from
unlisted third countries, the rules would be the same as for those
entering most other Member States. These are more stringent than
the controls for intra-Community movement, and, as well as a rabies
vaccination, pets would also need a blood test a month after vaccination,
with the test being carried out at an Community-approved laboratory,
and then wait a further 3 months before being allowed to enter
the UK or any other Community country. The Minister says that
this element of the proposal will form part of ongoing discussions
with the Commission and others, and that the Government will prepare
an Impact Assessment when the outcome of those discussions is
known.
Conclusion
1.8 Insofar as this proposal would
extend the present position for another 18 months until the end
of 2011, it is in itself unexceptionable. However, it leaves open
the question of what would happen after that date. As we understand
it, the UK (and other Member States to which special arrangements
currently apply) would, in the absence of any further Community
measures being adopted, have to fall into line with the remaining
Member States, and we also understand that there would in that
event no longer be an option to apply quarantine for animals entering
from non-listed third countries.
1.9 Consequently, before we clear
the current document, we would be grateful if the Minister could
confirm whether our understanding of the situation is correct;
indicate whether he expects there to be any further proposals
to extend some kind of special arrangements in this area for the
UK and other Member States in question; and say whether the Government's
position, were there to be no such extension, remains as stated
in January 2008 by Lord Rooker.
1 OJ No. L 146, 13.6.03, p.1. Back
2
(28992) 13718/07: see HC 41-xxxvi (2006-07), chapter 7 (24 October
2007) and HC 16-x (2007-08), chapter 9 (30 January 2008) Back
3
(28991) 13705/07: see HC 41-xxxvi (2006-07), chapter 7 (24 October
2007) and HC 16-x (2007-08), chapter 9 (30 January 2008) Back
4
Regulation (EC) No. 454/2008 subsequently extended this period
until 30 June 2010. Back
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