What changed between the plenary report and the adopted text

Recital 38: (38) Some operators placing on the market dogs and cats encourage potential customers to buy at any cost using emotional arguments, without mentioning to the potential owner the consequences of owning a pet animal. Other operators or shelters insist on the responsibility attached to pet ownership and this has the effect of limiting their ability to sell animals. This discrepancy of attitudes of operators tends to advantage less responsible operators, leading to distortions of competition despite the importance for animal welfare and public order of informing customers about their responsibility when buying a dog or a cat. It is therefore justified to require that all operators placing of dogs and cats in the Union market for use as pets inform future owners on their responsibility. In addition, where the placing on the market of a dog or cat is facilitated by online means, an appropriate warning should accompany the online advertisement to efficiently convey the message of responsible ownership.

Recital 39: (39) Illegal trafficking and fraudulent practices in relation to the sale or transfer of dogs and cats for adoption is facilitated by the absence of traceability given the lack of identification and registration requirements for those animals. Furthermore, fraudulent practices may appear when the systems for the identification and registration of dogs and cats are not harmonised or cannot be easily operated because technical systems are not interoperable. It is therefore essential to harmonize the standards for the means of identification and registration and to ensure that the identification and registration of dogs and cats is completed before the animal placed on the Union market for the first time. Natural or legal persons placing of dogs and cats should provide evidence of identification and registration in one of the databases established by Member States for this purpose, before the first placing on the market of the animal in the Union. Subsequently, at every change of ownership or responsibility for the animal the change should be registered accordingly in one of the databases. For the sake of proportionality, natural persons supplying dogs and cats occasionally by other means than online platforms should not be subject to this obligation.

Recital 40: (40) Natural or legal persons placing dogs and cats on the Union market should not only provide evidence of identification, showing a document referring to the code of the transponder implanted in the animal but also evidence of the registration of that animal into an official database. This allows key information about the animal to be passed on to the new owner and ensures traceability.

Recital 41: (41) As most dogs and cats are currently offered for sale or donation by means of advertisements placed on online platforms, providers of online platforms should act diligently when intermediating access to dogs and cats. Therefore, without prejudice to Regulation (EU) 2022/2065, online platforms should be required to adapt the modalities of their advertisements for dogs and cats so that natural or legal persons placing dogs or cats on the Union market provide proofs of the identification and registration of the dogs and cats intended for sale or donation. In addition, the Commission should ensure the development of a system publicly available free of charge allowing to verify the authenticity of the identification and registration of a dog or a cat. This measure aims to better combat fraud by improving the traceability of dogs and cats placed on the Union to their origin, allowing better controls by competent authorities and ultimately improving the welfare of these animals. This should not amount to an obligation for online platforms to generally monitor the listings 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.

Recital 43: (43) To ensure traceability of dogs and cats, they should not only be individually identified with a unique identifier in the form of a transponder, but their identification should also be registered in a database. Therefore, Member States should be required to establish and maintain databases of dogs and cats placed on the Union market to ensure the traceability of these animals. It is also necessary to ensure the interoperability of these databases. This will make it easier for information on dogs and cats to be accessed across the Union, as well as enable competent authorities to carry out official checks to ensure compliance with animal welfare rules. In order to facilitate the interoperability between national databases, the Commission should establish an index database.

Recital 44 a (new): (44a) In order to streamline cross-border movements of identified and registered dogs and cats, and to ensure timely access by veterinarians to relevant medical information, Member States are encouraged to establish a digital passport system. This digital document should include essential data on the animal’s identification and vaccination status, thereby enhancing both animal health management and administrative efficiency.

Recital 44 b (new): (44b) The data protection in relation to the processing of personal data is a fundamental right. Regulation (EU) 2018/1725 of the European Parliament and of the Council 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 applies to the processing of personal data carried out by Member States in the course of the relevant procedures.

Recital 44 c (new): (44c) The data protection in relation to the processing of personal data is a fundamental right. Regulation (EU) 2018/1725 of the European Parliament and of the Council 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 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 need to be defined clearly in order to ensure a high level of data protection.

Recital 46: (46) Enforcement of import rules should be ensured through a listing of third countries approved to place dogs and cats on the Union market based on a Commission assessment of the reliability of their official controls to enforce the animal welfare rules required under this Regulation, or recognised by the Union as equivalent rules, in 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 controls at Union Border Control Posts. The Commission should, following a risk-based approach, carry out audits of the reliability of official control system of third countries approved under this Regulation as well as those requesting to be approved under this Regulation. Lastly, 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. For that purpose, the Commission should endeavour to amend the relevant model of official certificate, in order to include the related animal welfare attestation.

Recital 46 a (new): (46a) To enhance consumer protection and to ensure the proper traceability of imports of dogs and cats into the Union, it is appropriate to require that they be identified before their entry and that the importers ensure their registration in one of the Member States’ databases. This will result in greater control on 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 in importing into the Union dogs and cats intended for trade 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 to transfer ownership. In order to provide tools for Member States to perform risk-based checks targeting this fraudulent practice, it is essential that the entry of dogs and cats as non-commercial be pre-notified through a dedicated Union pet travellers’ database. This database should collect notifications for all such entries into the Union regardless of the point of entry, for Member States to have the necessary overview and 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 their checks.

Recital 47: (47) Under Regulation (EU) 2016/429, a list of third countries authorised for the purpose of entry into the Union of dogs and cats is established for the purpose of managing the risk of introducing transmissible animal diseases into the Union. The list of third countries mentioned in recital 46 should therefore be limited to third countries authorised under Regulation (EU) 2016/429 and which provide appropriate guarantees of the capacity of their competent authority to control and ensure compliance of the establishments breeding and keeping dogs and cats for export to the Union with the animal welfare requirements set out in this Regulation.

Recital 47 a (new): (47a) In order to effectively trace the origin of the dog or a cat in the third country and to address illegal imports into the Union and fraudulent practices under the pretext of non-commercial movements as defined by Union Animal Health rules, it is important that dogs and cats are imported from third countries in compliance with this Regulation as regards their registration into a Member State database within 2 working days after their entry into the Union.

Recital 48: (48) In order to take into account technical progress and scientific developments, especially the opinions of the European Food Safety Authority (EFSA), and their social, economic and environmental impacts, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission for the purpose of supplementing Article 6a of this Regulation to define the characteristics of genotypes, phenotypes, and excessive conformational traits that should be excluded from reproduction, so that breeding strategies do not result in genotypes that have detrimental effects on the health or welfare of the 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, the delegated acts should reflect a progressive and balanced approach, in order to ensure proportionate and practically achievable implementation."

Recital 52 – indent 2: deleted

Recital 52 – indent 6: deleted

Recital 53 a (new): (53a) The Member states may consider raising awareness about animal welfare and responsible animal care.

Recital 55: (55) It is essential that Union legislation is subject to regular monitoring and evaluation so it can be adjusted in order to achieve the expected impacts. 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. The evaluation should asses the technological and scientific developments that have occurred, including the means of identification of dogs or cats and the possibility of using alternative means which are less invasive than the implantation of a transponder. The evaluation should also guarantee the fraud-proof and robust character of the Union’s traceability system as well as the proportionality of the cost of identification for natural and legal persons subjected to the identification obligation under this Regulation.

Article 3 – paragraph 1 – point 1 a (new): 1a. ‘Dogs that perform specific, working or professional activities’: means those animals which, having been selected for their physical, instinctive and temperamental qualities, are trained to assist people in a regulated activity or specific task, such as those used for hunting, working, herding, rescue, assistance or for sporting purposes or those used by law enforcement agencies, as well as guide animals, guide dogs or animals intended for zootherapy that have been trained in centres or by specialised professionals to support, guide and assist people with functional diversities;

Article 3 – paragraph 1 – point 3 a (new): 3a. "breeding" means the activity of keeping dogs or cats in breeding establishments for the purpose of reproduction;

Article 3 – paragraph 1 – point 3 b (new): 3b. "advertising" means any form of communication which has the direct or indirect effect of promoting a dog or cat in order to attract interest, engagement or sales, including the promotion of a breed or a physical characteristic;

Article 3 – paragraph 1 – point 4: 4. ‘keeping’ means any activity during which dogs and cats are held, housed, detained or handled in an establishment or under the responsibility of an operator;

Article 3 – paragraph 1 – point 6: deleted

Article 3 – paragraph 1 – point 7: 7. ‘online platforms’ means an online platform, as defined in Article 3, point (i), of Regulation (EU) 2022/2065, intermediating the placing on the market or of dogs or cats;

Article 3 – paragraph 1 – point 8: deleted

Article 3 – paragraph 1 – point 10 a (new): 10a. ‘livestock guardian dog’ means a dog primarily, kept or trained to manage, move, or control livestock in agricultural or pastoral settings, including farms, grazing areas, or during transport;

Article 3 – paragraph 1 – point 11: 11. ‘establishments’ means breeding establishments, selling establishments, shelters and foster homes;

Article 3 – paragraph 1 – point 12: 12. ‘breeding establishments’ means any premises or structure, where dogs or cats are kept for reproduction purposes with a view to placing their offspring on the market, including households;

Article 3 – paragraph 1 – point 12 a (new): 12a. ‘agricultural holding means an agricultural holding within the meaning of Regulation (EU) 2018/1091 that is not a breeding establishment as defined in this Regulation;

Article 3 – paragraph 1 – point 13: 13. ‘selling establishments’ means any premises or structure where dogs or cats are kept for sale without having been born there;

Article 3 – paragraph 1 – point 14: 14. ‘shelters’ means any premises or structure, including households, operated by a natural or legal person, where unwanted, abandoned, formal stray, lost or confiscated dogs or cats are kept for the purpose of placing on the market;

Article 3 – paragraph 1 – point 14 a (new): 14a. ‘foster home’ means a household that keeps dogs or cats on behalf of an operator responsible for unwanted, abandoned, stray, lost or confiscated dogs and cats;

Article 3 – paragraph 1 – point 15: 15. ‘operator’ means any natural or legal person, that places dogs and cats on the market and that is responsible for a breeding establishment, a selling establishment or a shelter or that is responsible for dogs or cats kept therein, or that is responsible for unwanted, abandoned, stray, lost or confiscated and places them in foster homes;

Article 3 – paragraph 1 – point 16: deleted

Article 3 – paragraph 1 – point 18 a (new): 18a. ‘euthanasia’ means the act of inducing death under anaesthesia and prolonged analgesia using medicinal products, using a method that causes a rapid and irreversible loss of consciousness with minimum pain and distress to an animal;

Article 3 – paragraph 1 – point 19: 19. ‘mutilation’ means an intervention, including a surgical intervention, carried out for reasons other than therapeutic or diagnostic purposes, and other than neutering or implantation of a transponder, which results in damage to or the loss of a sensitive part of the body or the alteration of bone structure of a dog or a cat ;

Article 3 – paragraph 1 – point 19 a (new): 19a. "Neutering" means the process whereby dogs or cats are surgically prevented from reproducing, including the surgical removal of gonads, namely the testicles in male cats and dogs and either the ovaries or the ovaries and the uterus in bitches and queens;

Article 3 – paragraph 1 – point 19 b (new): 19b. "Non-surgical sterilisation" means alternatives to surgical sterilisation or neutering that preserve the integrity of the body of dog or cat and do not result in the removal or permanent alteration of any part of the dog or cat body;

Article 3 – paragraph 1 – point 20: 20. ‘suffering’ means an unpleasant, undesired physical or mental state of being, which is the result of an animal being exposed to noxious stimuli or the continuous absence of important positive stimuli;

Article 3 – paragraph 1 – point 21: 21. ‘housing’ means buildings or delimited outdoor space in establishments where dogs and cats are kept whether temporarily or permanently;

Article 3 – paragraph 1 – point 22: 22. ‘kennel’ means a physical structure containing one or more enclosures for housing dogs;

Article 3 – paragraph 1 – point 23: 23. ‘cattery’ means a physical structure containing one or more enclosures for housing cats;

Article 3 – paragraph 1 – point 24: 24. ‘animal caretaker’ means a person taking care of the dogs and cats bred or kept in an establishment including volunteers, interns and part-time workers;

Article 3 – paragraph 1 – point 26: 26. ‘tethering’ means the tying of an animal to an anchor point or object to keep it in a desired area or to restrict its movement;

Article 3 – paragraph 1 – point 27: 27. ‘container’ means any cage, crate, box, receptacle or movable structure used to confine dogs or cats;

Article 3 – paragraph 1 – point 28: deleted

Article 3 – paragraph 1 – point 29: 29. ‘responsible ownership’ means the commitment of a dog or cat owner or future dog or cat owner, to perform various duties focused on the satisfaction of the health, behavioural, environmental and physical needs of the dog or cat, and to minimize risks that the dog or cat may pose to the community, other animals or the environment.

Article 4 – paragraph 1 – introductory part: With the exception of the provisions laid down in Article 5 this chapter shall not apply to: