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CHAPTER II CONDITIONS APPLICABLE TO THE NON-COMMERCIAL MOVEMENT OF PET ANIMALS INTO A MEMBER STATE FROM ANOTHER MEMBER STATE

SECTION 1 Pet animals of the species listed in Part A of Annex I

Article 6Conditions applicable to the non-commercial movement of pet animals of the species listed in Part A of Annex I

Pet animals of the species listed in Part A of Annex I shall not be moved into a Member State from another Member State unless they fulfil the following conditions:

(a)

they are marked in accordance with Article 17(1);

(b)

they have received an anti-rabies vaccination that complies with the validity requirements set out in Annex III;

(c)

they comply with any preventive health measures for diseases or infections other than rabies adopted pursuant to Article 19(1);

(d)

they are accompanied by an identification document duly completed and issued in accordance with Article 22.

Article 7Derogation from the anti-rabies vaccination condition for young pet animals of the species listed in Part A of Annex I

1.Subject to paragraph 2, Member States may, by way of derogation from point (b) of Article 6, authorise the non-commercial movement into their territory from another Member State of pet animals of the species listed in Part A of Annex I, which are:

(a)either less than 12 weeks old and have not received an anti-rabies vaccination; or

(b)between 12 and 16 weeks old and have received an anti-rabies vaccination, but do not yet meet the validity requirements referred to in point 2(e) of Annex III.

2.The authorisation referred to in paragraph 1 may be granted only if:

(a)either the owner or the authorised person provides a signed declaration that from birth until the time of the non-commercial movement the pet animals have had no contact with wild animals of species susceptible to rabies; or

(b)the pet animals are accompanied by their mother, on whom they still depend, and from the identification document accompanying their mother it can be established that, before their birth, the mother received an anti-rabies vaccination which complied with the validity requirements set out in Annex III.

3.The Commission may, by means of an implementing act, adopt rules on the format, layout and languages of the declarations referred to in point (a) of paragraph 2 of this Article. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 41(2).

Article 8Derogation from the anti-rabies vaccination condition for pet animals of the species listed in Part A of Annex I

1.By way of derogation from point (b) of Article 6, the direct non-commercial movement between Member States or parts thereof, of pet animals of the species listed in Part A of Annex I that have not been vaccinated against rabies, may be authorised in accordance with the procedure referred to in paragraph 2 upon a joint application by the Member States concerned.

2.The Commission shall, by means of an implementing act, adopt a list of Member States that are authorised to conclude mutual agreements to derogate from point (b) of Article 6 in accordance with paragraph 1 of this Article. That list shall set out the parts of those Member States for which the derogation may apply.

3.In order to be included in the list referred to in paragraph 2, the Member States interested in such a mutual agreement shall submit a joint application to the Commission, including details of the draft agreement, by which they can demonstrate, taking into account the procedures in the Terrestrial Animal Health Code of the World Organisation for Animal Health (OIE) for self-declaration as to the freedom of a country or zone from rabies, that they fulfil at least the following conditions:

(a)the applicant Member States shall have in operation ongoing surveillance and reporting systems with regard to rabies;

(b)the applicant Member States, or the parts of their territory for which the application is made, shall have been free of rabies and rabies shall not be known to have been established in wild animals in the territory of the Member States concerned, or parts thereof, for at least the two years prior to the joint application on the basis of the systems referred to in point (a);

(c)the applicant Member States shall have in place efficient and effective control measures to prevent the introduction into and spread within their territory of rabies;

(d)the application of the derogation from point (b) of Article 6 shall be justified and proportionate to the risks to public or animal health associated with the direct non-commercial movement from one of the applicant Member States to the other or part of its territory of non-vaccinated pet animals of the species listed in Part A of Annex I.

The joint application shall contain adequate, reliable and scientifically validated information.

4.The Commission shall, by means of an implementing act, remove Member States from the list referred to in paragraph 2 for the whole or part of their territories should any change in the particulars specified in paragraph 3 no longer support the application of the derogation.

5.The implementing acts referred to in paragraphs 2 and 4 shall be adopted in accordance with the examination procedure referred to in Article 41(2).

6.On duly justified imperative grounds of urgency relating to risks to public or animal health, the Commission shall adopt immediately applicable implementing acts updating the list of Member States or parts thereof referred to in paragraph 2 of this Article in accordance with the procedure referred to in Article 41(3).

SECTION 2 Pet animals of the species listed in Part B of Annex I

Article 9Conditions applicable to the non-commercial movement of pet animals of the species listed in Part B of Annex I

1.Insofar as the Commission has adopted a delegated act pursuant to Article 19(1) with regard to pet animals of one of the species listed in Part B of Annex I, the non-commercial movement of pet animals of that species into a Member State from another Member State shall be subject to compliance with the conditions laid down in paragraph 2 of this Article.

2.Pet animals of the species referred to in paragraph 1 may be moved into a Member State from another Member State only if they fulfil the following conditions:

(a)they are marked or described according to the requirements adopted pursuant to Article 17(2);

(b)they comply with any preventive health measures for diseases or infections other than rabies adopted pursuant to Article 19(1);

(c)they are accompanied by an identification document duly completed and issued in accordance with Article 29.

3.Pending the adoption of the relevant delegated acts referred to in paragraph 1, Member States may apply national rules to the non-commercial movement of pet animals of the species listed in Part B of Annex I into their territory from another Member State, provided that such rules are:

(a)applied proportionately to the risk to public or animal health associated with the non-commercial movement of the pet animals of those species; and

(b)not stricter than those applied to trade in animals of those species in accordance with Directives 92/65/EEC or 2006/88/EC.