Artikelen bij COM(2023)769 - Welzijn van honden en katten en hun traceerbaarheid

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dossier COM(2023)769 - Welzijn van honden en katten en hun traceerbaarheid.
document COM(2023)769 EN
datum 7 december 2023

Inhoudsopgave

CHAPTER - I

SUBJECT MATTER, SCOPE AND DEFINITIONS

Article 1 - Subject matter

This Regulation lays down minimum requirements for:

(a)the welfare of dogs and cats bred or kept in establishments or placed on the Union market;

(b)the traceability of dogs and cats placed on the Union market or supplied in the Union.

Article 2 - Scope

1.This Regulation shall apply to the breeding, keeping and placing on the market of dogs and cats, as well as their supplying in the Union.

2.This Regulation shall not apply to the breeding, keeping, placing on the market or supplying of dogs or cats intended for scientific purposes.

Article 3 - Definitions

For the purposes of this Regulation the following definitions apply:

1.‘dog’ means an animal of the Canis lupus familiaris species;

2.‘cat’ means an animal of the Felis silvestris catus species;

3.‘welfare of dogs and cats’ means the physical and mental state of a dog or a cat in relation to the conditions in which it is born, lives and dies;

4.‘keeping’ means any activity during which an animal is detained or handled in an establishment;

5.‘placing on the market’ means the keeping of dogs and cats for the purpose of sale, offering for sale, distribution or any other form of transfer of ownership or responsibility for the animal, that is against consideration or at least reimbursement of the costs incurred, including the advertising of animals for the above purposes;

6.‘supplying’ means the transferring of ownership or responsibility for dogs or cats through any means or form, whether for a consideration or not, excluding occasional supplies by natural persons of dogs or cats by other means than via the intermediation of an online platform;

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 the sypplying of dogs and cats;

8.‘listing’ means the publication, on an online platform, of an advertisement for the supply of a dog or a cat;

9.‘bitch’ means a female dog from the time she is first mated or inseminated until the weaning of the last litter she produces during her lifetime;

10.‘queen’ means a female cat from the time she is first mated or inseminated until the weaning of the last litter she produces during her lifetime; 

11.‘establishments’ means breeding establishments, animal shelters and pet shops;

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

13.‘pet shops’ means any premises or structure where dogs and cats are kept for sale as pet animals, without having been born there; 

14.‘animal shelters’ means any premises or structure, excluding households, operated by a natural or legal person, where unwanted, abandoned, formal stray, lost or confiscated dogs and cats are kept for the purpose of supply, whether for consideration or at no cost;

15.‘operator’ means any natural or legal person, excluding those responsible for shelters, who breeds, keeps, trades or places on the market dogs and cats under his/her control, including for a limited period of time;

16.‘supplier’ means any natural or legal person supplying a dog or a cat, including natural or legal persons responsible for shelters;

17.‘competent authorities’ means competent authorities as defined in Article 3(3) of Regulation (EU) 2017/625;

18.‘breeding strategy’ means a set of systematic actions, including recording, selection, breeding, and exchange of breeding dogs and cats and their germinal products, designed and implemented to preserve or enhance desired phenotypic and/or genotypic characteristics in the target breeding population;

19.‘mutilation’ means an intervention, including a surgical intervention, carried out for reasons other than therapeutic or diagnostic purposes, which results in damage to or the loss of a sensitive part of the body or the alteration of bone structure;

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 absence of important positive stimuli;

21.‘housing’ means buildings or delimited outdoor space in establishments where dogs and cats are kept;

22.‘kennel’ means a physical structure containing one or more individual enclosures for housing dogs;

23.‘cattery’ means a physical structure containing one or more individual enclosures for housing cats;

24.‘animal caretaker’ means a person taking care of the dogs and cats bred or kept in an establishment;

25.‘enrichment’ means a material or structure in the animal’s environment, with an occupational or nutritional property which is capable of provoking and fulfilling curiosity and appetitive behaviour, or physical motivation;

26.‘tethering’ means the tying of an animal to an anchor point to keep it in a desired area;

27.‘container’ means any crate, box, receptacle or other rigid structure used to confine dogs and cats;

28.‘pet animal’ means a dog or cat intended to be kept in a household for private enjoyment and companionship; 

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 behavioural, environmental and physical needs of the dog or cat, and to prevent risks that the dog or cat may pose to the community, other  animals  or the environment.

CHAPTER I - I

OBLIGATIONS FOR OPERATORS OF ESTABLISHMENTS

Article 4 - Exemptions from the obligations set out in this Chapter

This chapter shall not apply to:

–breeding establishments keeping up to three bitches or queens and producing in total two litters or less per establishment and calendar year;

–pet shops keeping at any given time three dogs or less or six cats or less;

–shelters keeping at any given time ten dogs or less or twenty cats or less.

Article 5 - General principles of welfare

Operators and natural or legal persons responsible for shelters shall apply the following principles with respect to dogs and cats bred or kept in their establishment:

(a)dogs and cats are provided with water and feed of a quality and of a quantity that enables them to have good nutrition and hydration.

(b)dogs and cats are kept in a good physical environment which is comfortable, especially in terms of space, temperature, and ease of movement.

(c)dogs and cats are kept safe, clean and in good health by preventing diseases, functional impairments, injuries, and pain, due in particular to management, handling practices, or mutilations.

(d)dogs and cats are kept in an environment that enables them to express social non-harmful behaviour, species-specific behaviour, as well as positive relationship with human beings.

(e)dogs and cats are kept in such a way as to optimise their mental state by preventing or reducing their negative experiences in time and intensity, as well as by maximizing opportunities for positive experiences in time and intensity in the different domains referred to in paragraphs (a) to (d).

Article 6 - General welfare requirements for dogs and cats

1.Operators and natural or legal persons responsible for shelters shall be responsible for the welfare of dogs and cats kept under their control and for minimising any risks to their welfare. 

2.Operators and natural or legal persons responsible for shelters shall ensure that dogs and cats are handled by a suitable number of animal caretakers who have the skills and competences required under Article 9.  

3.Operators of breeding establishments shall ensure that breeding strategies do not result in genotypes and phenotypes that have detrimental effects on the welfare of the dogs and cats, or of their descendants.

In the management of the reproduction of dogs and cats by operators, the mating between parents and offspring, or between grandparents and grandchildren, shall be prohibited.

This paragraph shall not preclude the selection and breeding of brachycephalic dogs and cats provided that the selection or breeding programmes minimise the negative welfare consequences of brachycephalic traits.

4.The Commission is empowered to adopt delegated acts in accordance with Article 23 amending this article as regards the specific criteria that operators shall fulfil when designing breeding strategies to meet the requirements of paragraph 3, taking into account scientific opinions of the European Food Safety Authority as well as social, economic and environmental impacts.

Article 7 - Obligation to notify the breeding or keeping of dogs and cats in establishments

Operators and natural or legal persons responsible for shelters shall notify to the competent authorities of their activity, providing the following information:

(a)the identity, name and address of the operator;

(b)the location of the establishment;

(c)the type of establishment: breeding establishment, pet shop or shelter;

(d)the species and breed, where relevant, of the animals kept in the establishment;

(e)the maximum number of animals which can be kept in the establishment;

Article 8 - Obligation of informing on responsible ownership

1. When operators and natural or legal persons responsible for shelters place on the market or supply dogs or cats for purposes of keeping them as pet animals, they shall provide to the acquirer of pet the information necessary to enable him or her to ensure the welfare of the animal, including information on responsible ownership. 

2. When the supplying of dogs and cats is advertised via online means, the listing shall display, in clearly visible and bold characters, the following warning: 

“An animal is not a toy. Buying or adopting an animal is a life-changing decision. As an animal owner, you are obliged to ensure that all the needs for its health and well-being are met at all times.”

Article 9 - Animal welfare competences of animal caretakers

1. Animal caretakers shall have the following competences as regards the dogs and cats they are handling:

(a)understanding of their biological behaviour and their physiological and ethological needs;

(b)ability to recognise their expressions including any sign of suffering and to identify the appropriate mitigating measures to be taken in such cases;

(c)ability to apply good animal management practices, to use and maintain the equipment used for the species under their care and to minimize any risks to the welfare of the animals; 

(d)knowledge of their obligations under this Regulation.

2.The competences referred to in paragraph 1 may be acquired through education, training or professional experience. Education, training or professional experience shall be documented.

3.The Commission may, by means of implementing acts, lay down minimum requirements concerning the content of the education, training or professional experience referred to in paragraph 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 24.

Article 10 - Animal welfare visits

1.Operators and natural or legal persons responsible for shelters shall: 

(a)ensure that the establishments under their responsibility receive, at least once a year, a visit by a veterinarian, for the purpose of advising the operator or the natural or legal person responsible for the shelter on measures to address any risk factor for animal welfare;

(b)record the findings of the visit of the veterinarian referred to in point (a) and their follow up actions and keep those records for at least 6 years, making them available to the competent authorities upon request.

2.The Commission is empowered to adopt delegated acts in accordance with Article 23 supplementing this Article to lay down minimum criteria to be assessed during animal welfare visits.

Article 11 - Feeding and watering

1.Operators and natural or legal persons responsible for shelters shall ensure that dogs and cats are fed in accordance with the requirements laid down in point 1 of Annex I and may, based on the written advice of a veterinarian or an animal nutrition expert, adjust the feeding frequencies provided for in point 1 of Annex I.

2.Operators and natural or legal persons responsible for shelters shall ensure that dogs and cats are adequately fed and hydrated by supplying: 

(a)potable water, ad libitum;

(b)feed in sufficient quantity and quality to meet the physiological, nutritional and metabolic needs and satiety of the dogs and cats, as part of a diet adapted to the age, breed, category, activity level, and health status of the dogs and cats; 

(c)feed free of substances which may cause suffering;

(d)feed in such a way as to avoid abrupt changes and ensure a well-functioning gastro-intestinal system, in particular during the weaning phase.

3.Operators and natural or legal persons responsible for shelters shall ensure that feeding and drinking facilities are constructed and installed in such a way as to:

(a)provide equal access to all dogs and cats, thus minimizing competition between them, avoiding agonistic behaviour, in particular where dogs and cats do not have ad libitum access to feed; 

(b)minimize spillage and prevent the contamination of feed and water with harmful substances;

(c)prevent injury, drowning or other harm to the dogs and cats;

(d)be easily cleaned and disinfected to prevent diseases.

Article 12 - Housing

1.Operators shall ensure that dogs and cats are provided with housing in accordance with point 2 of Annex I.

2.Operators and natural or legal persons responsible for shelters shall ensure that:

(a)the establishments where animals are kept and the equipment used therein are suitable for the types and the number of dogs and cats kept in these establishments, and allow the necessary access and a thorough inspection of all dogs and cats;

(b)all building components of the establishment, including the flooring, roof, and space divisions, as well as the equipment used for dogs and cats, are constructed and maintained properly, and easily cleaned and disinfected to ensure that they do not pose any risks to the welfare of the animals;

(c)where animals are kept in breeding establishments or pet shops, air circulation, dust levels, temperature, relative air humidity and gas concentrations are kept within limits which are not harmful to dogs and cats and that ventilation is sufficient to avoid overheating and, where necessary, in combination with heating systems, to remove excessive moisture;

(d)dogs and cats have enough space to be able to move around freely and to express species-specific behaviour according to their needs, with sufficient space for enrichment material and structures, a possibility for animals to socialise and withdraw, and clean resting places;

(e)dogs and cats kept outdoors are protected from negative climatic conditions, including thermal stress, sunburn and frostbite.

3.Keeping dogs or cats in containers shall be prohibited. 

Containers may only be used for the transport and temporary isolation of individual dogs and cats provided that stress due to extreme temperatures is avoided.

4.Keeping dogs exclusively indoors shall be prohibited. Dogs kept indoors shall have daily access to an outdoor area that allows exercise and socialisation. In addition, when dogs are kept in kennels, operators shall design and construct individual enclosures to allow dogs to have free access to a confined outdoor space and an indoor space or an individual hut.

5.When cats are kept in catteries, operators shall design and construct individual enclosures to allow cats to move around freely and to express their natural behaviour.

6.Operators shall ensure that a thermoneutral zone appropriate for cats or dogs is maintained in indoor areas where they are kept.

7.Operators shall ensure that dogs and cats have access to natural light at all times. Where needed, due to the climatic conditions and geographic position of a Member State, operators shall provide artificial lighting.

8.This Article applies from [5 years from the date of entry into force of this Regulation].

Article 13 - Health

1.Operators shall ensure that measures are taken to safeguard the health of dogs and cats in accordance with point 3 of Annex 1.

2.Operators and natural or legal persons responsible for shelters shall ensure that:

(a)dogs and cats under their responsibility are inspected by animal caretakers at least once a day;

(b)dogs or cats with signs of disease, sickness, injury or otherwise compromised welfare are transferred, where required, without undue delay to a separate area, are treated by a veterinarian, where appropriate, and kept there until they are fully recovered, or alternatively euthanised without undue delay;

(c)the euthanasia of a dog or a cat is only performed by a veterinarian.

(d)measures including veterinary medication are in place to prevent and control external and internal parasites, including preventive veterinary treatments to prevent common diseases to which dogs or cats are likely to be exposed with due regard to the epidemiological situation; 

(e)enrichment materials do not present any risk of injury or biological or chemical contamination or any other health risk.

3.Operators shall ensure that:

(a)bitches and queens are only bred if they have a minimum age in accordance with Annex I points 3.1 and 3.2, their skeletal growth is completed, and they are free from disease or physical conditions which could negatively impact their pregnancy and welfare; 

(b)litter-giving pregnancies of bitches and queens follows a maximum frequency;

(c)lactating queens are not mated or inseminated; 

(d)any bitch aged 8 years or more and any queen aged 6 years or more shall, before being used for breeding, undergo a physical examination by a veterinarian, to confirm in writing that her pregnancy will not pose any risk to her welfare, including her health. 

(e)adult female dogs and cats which are no longer used for reproduction, including as a result of the provisions of this Regulation, are not killed or abandoned. Operators shall continue to ensure the welfare of those animals in accordance with Regulation.

The operator shall keep the written confirmation referred to in point (d) for a period of at least 3 years after the death of the bitch or the queen.

4.This Article shall apply from [5 years from the date of entry into force of this Regulation].

Article 14 - Behavioural needs

1.Operators and natural or legal persons responsible for shelters shall ensure that measures are taken to meet the behavioural needs of cats and dogs in accordance with point 4 of Annex I.

2.Keeping dogs and cats in areas restraining their natural movements shall be prohibited, except for performing the following procedures or treatments:

(a)physical examinations, including identification of the animals;

(b)marking animals for identification purposes;

(c)collection of samples and vaccinations;

(d)procedures for hygienic, health or reproductive purposes;

(e)medical treatment.

3.Tethering within the premises of the establishment for more than 1 hour shall be prohibited, except for the duration of a medical treatment.

4.Operators and natural or legal persons responsible for shelters shall ensure that conditions are in place to allow animals to express social non-harmful behaviours, species-specific behaviours and the possibility to experience positive emotions.

5.Operators of breeding establishments shall ensure that an appropriate strategy is in place to socialise animals with humans, and where possible, with other animals.

Article 15 - Painful practices

1.Mutilations, including ear cropping, tail docking, partial or complete digit amputation, and resection of vocal cords or folds, shall be prohibited unless they are performed due to a medical indication with the sole purpose of improving the health of dogs and cats. In such case, the procedure shall only be performed by a veterinarian under anaesthesia and prolonged analgesia.

2.Male and female neutering shall be permitted only if performed by a veterinarian under anaesthesia and prolonged analgesia.

3.The following handling practices shall be prohibited:

(a)tying up body parts continuously;

(b)kicking, hitting, dragging, throwing, squeezing animals;

(c)exposing dogs and cats to an electric current;

(d)prolonged use of muzzles, unless required for health or welfare reasons, in which case the duration shall be limited to the minimum period necessary.

(e)lifting dogs or cats by the limbs, the head, the tail and the hair.

Article 16 - Approval of breeding establishments

1.From [5 years from the date of entry into force of this Regulation], operators shall obtain approval of their breeding establishment from the competent authority before selling dogs and cats born in their establishment. 

2.The competent authority shall grant a certificate of approval for a breeding establishment, provided that, prior on-site inspection has confirmed that the establishment meets the requirements of this Regulation.

3.The competent authorities shall maintain a list of the approved breeding establishments and make it publicly available.

CHAPTER II - I

IDENTIFICATION AND REGISTRATION OF DOGS AND CATS

Article 17 - Identification and registration of dogs and cats

1.From [3 years from the date of entry into force], all dogs and cats kept in establishments for supply in the Union, including adult dogs and cats kept in breeding establishments, dogs and cats kept in shelters, and dogs and cats supplied by natural persons, shall be marked for identification by means of a subcutaneous transponder containing a microchip, in accordance with Annex II. Operators of establishments shall ensure that dogs and cats born in their establishments are marked for identification by the date of their supply in the Union or at the latest within 3 months after the birth of the animal. The implantation of the transponder shall be performed by a veterinarian or under the responsibility of a veterinarian.

2.From [3 years from the date of entry into force], dogs and cats identified in accordance with paragraph 1 shall be registered by the veterinarian, or an assistant under the responsibility of the veterinarian, in a national database referred to in Article 19. For dogs and cats kept in breeding establishments, the registration shall be made in the name of the owner of the breeding establishment responsible for the dog or the cat. For dogs and cats kept in shelters , the registration shall be made in the name of the person responsible of the shelter. For natural persons intending to supply a dog or a cat in the Union, the registration shall be made in the name of that person. Any subsequent owner of, or responsible for, the dog or the cat, shall ensure that the change of ownership or responsibility is recorded in the database referred to in Article 19.

3.From [3 years from the date of entry into force], before supplying a dog or a cat in the Union, the supplier shall provide to the acquirer of the animal:

(a)proof of the identification and registration of the animal in compliance with paragraphs 1 and 2;

(b)the following information on the dog or cat: 

(i)its species,

(ii)its sex,

(iii)its date and country of birth, and

(iv)where relevant, its breed.

Acquirers shall be able to verify the authenticity of the identification and registration of animals supplied through the system referred to in paragraph 7.

4.From [5 years from the date of entry into force], providers of online platforms shall ensure that their online interface is designed and organised in such a way that allows the suppliers of dogs and cats to comply with their obligations under paragraph 3, in line with Article 31 of Regulation (EU) 2022/2065, and shall inform acquirers, in a visible manner, of the possibility to verify the identification and registration of the animal through a weblink to the system referred to in paragraph 6. 

The supplier of dogs and cats shall be the sole responsible for the accuracy of the information provided through the interface of the online platform. Nothing in this paragraph shall be construed as imposing a general monitoring obligation on the provider of the online platform within the meaning of Article 8 of Regulation (EU) 2022/2065.

5.The Commission shall adopt implementing acts specifying the information to be provided by suppliers as proof of identification and registration of the animal in accordance with paragraph 3(a), both in cases where the dogs and cats are offered through online platforms and by other means. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 24.

6.From [3 years from the date of entry into force], the Commission shall ensure that a system performing automated checks of the authenticity of the identification and registration of dogs or cats supplied, using the database referred to in Article 19, is publicly available free of charge . The Commission may entrust the development, maintenance and operation of this system to an independent entity. The system shall meet the following criteria:

–reliable verification of the authenticity of the identification and registration of the dog or cat using the national databases referred to in Article 19;

–compliance with data protection in accordance with Regulation (EU) 2018/1725 60 and Regulation (EU) 2016/679 61

7.By the [3 years from the date of entry into force], the Commission shall adopt implementing acts specifying the following aspects of the system referred to in paragraph 6:

–the key functionalities of the system;

–the technical, electronic and cryptographic requirements for the system.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 24.

CHAPTER I - V

COMPETENT AUTHORITIES

Article 18 - Training

For the purposes of Article 9 Member States shall designate the competent authority responsible for:

(a)ensuring that training courses are available for animal caretakers;

(b)approving the content of the courses referred to in point (a).

Article 19 - Databases of dogs and cats

1.From [3 years from the date of entry into force of this Regulation], competent authorities shall establish and maintain a database for the registration of microchipped dogs and cats. 

2.From [5 years from date of entry into force of this Regulation], Member States shall ensure that their databases as referred to in paragraph 1 are interoperable with the same databases of other Member States so that the identification of a dog or a cat can be authenticated and traced across the Union. 

3.By [the date of application], the Commission shall, by means of implementing acts, lay down requirements on the databases as referred to in paragraph 1 concerning:

(a)their content;

(b)their interoperability between Member States; 

(c)their functionality for providing proof of the identification and registration of a dog or a cat, as referred to in article 17 (3) point (a).

(d)the registry where Member States will declare their databases, and the necessary parameters for connecting those databases with one another according to the provisions established under point (b); 

(e)the access to be given to the system referred to in Article 17(6) for the purpose of confirming the authenticity of the identification and registration of the dogs and cats;

(f)provisions on data protection pursuant to the requirements of Regulation (EU) 2018/1725 and Regulation (EU) 2016/679.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 24.

Article 20 - Collection of data on animal welfare and reporting

1.The competent authorities shall collect, analyse and publish the data set out in Annex III:

2.The competent authorities shall draw up and transmit to the Commission a report, on machine readable form, on the data referred to in paragraph 1, by 31 August every 3 years from [6 years from the date of entry into force], summarising the data gathered the previous year.

3.The Commission may, by means of implementing acts, establish a harmonised methodology for collecting the data referred to in paragraph 1 and establish the template for the report referred to in paragraph 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 24.

CHAPTER - V

ENTRY OF DOGS AND CATS INTO THE UNION 

Article 21 - Entry of dogs and cats into the Union

1.From [5 years from the date of entry into force of this Regulation], dogs and cats may only be entered into the Union for placing on the Union market if they have been kept in compliance with any of the following:

(a)Chapters II of this Regulation; 

(b)conditions recognised by the Union to be equivalent to those set out by this Regulation; or

(c)where applicable, requirements contained in a specific agreement between the Union and the exporting country.

2.From [5 years from date of entry into force of this Regulation], dogs and cats may only be entered into the Union for placing on the market or supply provided that they come from a third country or territory and an establishment listed in accordance with Articles 126 and 127 of Regulation (EU) 2017/625. 

3.From [date of entry into force of this Regulation + 5 years], the official certificate accompanying dogs and cats entering into the Union from third countries and territories shall contain an attestation certifying compliance with paragraphs 1 and confirming that the dogs and cats originate from an establishment listed in accordance with paragraph 2.

4.Without prejudice to Article 10(1)(a) of Regulation (EU) No 576/2013 and Article 74(1) of Regulation (EU) 2020/692 62 , dogs and cats entering into the Union shall be identified with a microchip as referred to in Article 17(1) and allowing for traceability. 

In case the dogs or cats entering into the Union are not yet registered in a Member State database as referred to in Article 19(1), once they arrive at their place of destination, the owner or person responsible for the animal shall ensure their registration into one of the Member States databases within 48 hours of arrival.

5.The Commission is empowered, by means of implementing acts, to establish a procedure for the recognition by the Union of equivalent conditions under point paragraph 1 point (b). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 24.

CHAPTER V - I

PROCEDURAL PROVISIONS

Article 22 - Amendment to the Annexes

The Commission is empowered to adopt delegated acts in accordance with Article 23 amending the Annexes to this Regulation to take into account of scientific and technical progress, including, when relevant, scientific opinions of EFSA, and of social, economic and environmental impacts, as regards:

(a)feeding frequencies and weaning process;

(b)temperature ranges;

(c)lighting parameters;

(d)kennel and cattery design;

(e)feeding and watering equipment design;

(f)space allowances for different categories of dogs and cats;

(g)frequency of pregnancies;

(h)minimum age of bitches and queens for onset of breeding;

(i)socialisation, enrichment and other measures for meeting behavioural needs of dogs and cats;

(j)requirements for transponders used to mark dogs and cats;

(k)data to be collected for policy monitoring and evaluation.

Any additions of requirements in the Annexes shall be based on updated scientific or technical evidence, in particular regarding the specific conditions needed to ensure the welfare of the dogs and cats covered by the scope of this Regulation. Where relevant, those delegated acts shall provide for sufficient transition periods to allow for operators impacted to adapt to the new requirements.

Article 23 - Exercise of the delegation

1.The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.The power to adopt delegated acts referred to in Article 6(4), Article 10(2) and Article 22 shall be conferred on the Commission for an indeterminate period of time from [the date of entry into force of this Regulation].

3.The delegation of power referred to in Article 6(4), Article 10(2) and Article 22 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4.Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

5.As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6.A delegated act adopted pursuant to Article 6(4), Article 10(2) and Article 22 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Article 24 - Committee procedure

1.The Commission shall be assisted by the Standing Committee on Plants, Animals, Food and Feed established by Article 58(1) of Regulation (EC) No 178/2002. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2.Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Where the Committee delivers no opinion, the Commission shall not adopt the draft implementing act and Article 5(4), third subparagraph, of Regulation (EU) No 182/2011 shall apply.

CHAPTER V - I

STRICTER NATIONAL MEASURES AND FINAL PROVISIONS

Article 25 - Stricter national measures

1.This Regulation shall not prevent Member States from maintaining any stricter national rules aimed at a more extensive protection of the welfare of dogs and cats and in force at the time of entry into force of this Regulation, provided that those rules are not inconsistent with this Regulation and do not interfere with the proper functioning of the internal market. Before [the date of application of this Regulation], Member States shall inform the Commission about such national rules. The Commission shall bring them to the attention of the other Member States.

2.This Regulation shall not prevent Member States from adopting stricter national measures aimed at ensuring more extensive protection of the welfare of dogs and cats kept in establishments within the territory of a Member State on the following animal welfare issues:

(a)housing conditions;

(b)mutilations;

(c)enrichment;

(d)selection and breeding programmes, including minimum and maximum age for breeding.

Member States shall inform the Commission about such national rules before their adoption. The Commission shall bring them to the attention of the other Member States.

3.The measures referred to in paragraph 2 shall only be allowed provided that they are not inconsistent with this Regulation and do not interfere with the proper functioning of the internal market. 

4.Member States shall not prohibit or impede the placing on the market within their territory of dogs and cats kept in another Member State on the grounds that the dogs and cats concerned have not been kept in accordance with its stricter national rules on animal welfare.

Article 26 - Reporting and evaluation

1.On the basis of the reports received in accordance with Article 20 and additional relevant information, the Commission shall publish, by [7 years after the date of entry into force of this Regulation] and thereafter every 5 years, a monitoring report on the welfare of dogs and cats placed on the market in the Union. 

2.By [15 years from the date of entry into force of this Regulation], the Commission shall carry out an evaluation of this Regulation, including an assessment of a possible maximum age for breeding of dogs and cats, and present a report on the main findings to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions.

3.For the purposes of the reporting referred to in paragraphs 1 and 2, Member States shall provide the Commission with the information necessary for the preparation of those reports.

Article 27 - Penalties

Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive.

Member States shall notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.

Article 28 - Entry into force and application

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from [2 years from the date of entry into force of this Regulation], unless otherwise provided for in this Regulation. 

This Regulation shall be binding in its entirety and directly applicable in all Member States.