Regulation (EU) No 576/2013 of the European Parliament and of the CouncilDangos y teitl llawn

SECTION 2 General conditions regarding compliance

Article 33 Documentary and identity checks to be carried out in respect of non-commercial movement of pet animals into a Member State from another Member State or a territory or a third country listed pursuant to Article 13(1) and Article 15

1. Without prejudice to Article 16 and in order to verify compliance with Chapter II, Member States shall carry out documentary and identity checks in a non-discriminatory way on pet animals that are subject to non-commercial movement into their territory from another Member State or from a territory or a third country listed pursuant to Article 13(1) and, where applicable, Article 15.

2. At the time of any non-commercial movement into a Member State from another Member State or a territory or a third country listed pursuant to Article 13(1) and, where applicable, Article 15, the owner or the authorised person shall, at the request of the competent authority responsible for the checks provided for in paragraph 1 of this Article:

(a) present the identification document of the pet animal required under this Regulation which demonstrates compliance with the requirements for such movement; and

(b) make the pet animal available for those checks.

Article 34 Documentary and identity checks to be carried out in respect of non-commercial movement from a territory or a third country other than those listed pursuant to Article 13(1) or Article 15

1. In order to verify compliance with Chapter III, the competent authority of a Member State shall carry out documentary and identity checks at the travellers’ point of entry on pet animals that are subject to non-commercial movement into that Member State from a territory or a third country other than those listed pursuant to Article 13(1) and, where applicable, Article 15.

2. The owner or the authorised person shall, at the time of entry into a Member State from a territory or a third country other than those listed pursuant to Article 13(1) and, where applicable, Article 15, contact the competent authority present at the point of entry for the purpose of the checks referred to in paragraph 1 and shall:

(a) present the identification document of the pet animal required under this Regulation which demonstrates compliance with the requirements for such movement; and

(b) make the pet animal available for those checks.

3. Member States shall draw up and keep up to date a list of travellers’ points of entry.

4. Member States shall ensure that the competent authority that they have designated to carry out the checks provided for in paragraph 1:

(a) is fully informed of the rules laid down in Chapter III and the officials of the competent authority have the necessary training to implement them;

(b) keeps records of the total number of checks that have been carried out and of instances of non-compliance revealed during those checks; and

(c) documents the checks that have been carried out in the relevant entry of the identification document where such documentation is necessary for the purposes of non-commercial movement into other Member States as provided for in Article 24(1).

Article 35 Actions in case of non-compliance revealed during the checks provided for in Articles 33 and 34

1. Where the checks provided for in Articles 33 and 34 reveal that a pet animal does not comply with the conditions laid down in Chapters II or III, the competent authority shall decide, after consultation with the official veterinarian and, where necessary, with the owner or the authorised person, to:

(a) return the pet animal to its country or territory of dispatch;

(b) isolate the pet animal under official control for the time necessary for it to comply with the conditions laid down in Chapter II or III; or

(c) as a last resort where its return is not possible or isolation is not practical, put the pet animal down in accordance with applicable national rules relating to the protection of pet animals at the time of killing.

2. Where the non-commercial movement of pet animals into the Union is refused by the competent authority, the pet animals shall be isolated under official control pending:

(a) either their return to their country or territory of dispatch; or

(b) the adoption of any other administrative decision concerning those pet animals.

3. The measures referred to in paragraphs 1 and 2 shall be applied at the expense of the owner and without the possibility of any financial compensation for the owner or the authorised person.

Article 36 Safeguard measures

1. Where rabies or a disease or an infection other than rabies occurs or spreads in a Member State, a territory or a third country, and is liable to represent a serious threat to public or animal health, the Commission may, acting on its own initiative or at the request of a Member State, adopt one of the following measures, by means of an implementing act, without delay and depending on the gravity of the situation:

(a) suspend the non-commercial movement or transit of pet animals from all or part of the territory of the Member State or territory or third country concerned;

(b) lay down special conditions in respect of the non-commercial movement of pet animals from all or part of the Member State or territory or third country concerned.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 41(2).

2. On duly justified imperative grounds of urgency to contain or address a serious risk to public or animal health, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 41(3).

Article 37 Information obligations

1. Member States shall provide the public with clear and easily accessible information concerning the animal health requirements applicable to the non-commercial movement of pet animals and the rules for compliance checks on such movement laid down in this Regulation.

2. The information referred to in paragraph 1 shall in particular include the following:

(a) the qualifications required for the persons carrying out the implantation of the transponder provided for in Article 18;

(b) the authorisation to derogate from the anti-rabies vaccination condition for young pet animals of the species listed in Part A of Annex I as provided for in Articles 7 and 11;

(c) the conditions applicable to the non-commercial movement into the Member States’ territory of pet animals:

(i)

which do not comply with Articles 6, 9, 10 or 14;

(ii)

which come from certain countries and territories under conditions laid down by their national rules as provided for in Article 16;

(d) the list of travellers’ points of entry drawn up pursuant to Article 34(3), including the competent authority designated to carry out the checks provided for in Article 34(4);

(e) the conditions applicable to the non-commercial movement into the Member States’ territory of pet animals of the species listed in Part B of Annex I, laid down by their national rules as provided for in Article 9(3) and Article 14(3);

(f) information on anti-rabies vaccines for which the competent authority of the Member States has granted a marketing authorisation as provided for in point 1(b) of Annex III, and in particular on the corresponding vaccination protocol.

3. Member States shall establish internet-based pages providing the information referred to in paragraph 1 and communicate the internet address of those pages to the Commission.

4. The Commission shall assist the Member States in making that information available to the public by providing on its internet page:

(a) the links to the internet-based information pages of the Member States; and

(b) the information referred to in points (b), (d) and (e) of paragraph (2) of this Article, and the information made available to the public as referred to in point (b) of Article 2(2) in additional languages, as appropriate.