Bijlagen bij COM(2023)769 - Welzijn van honden en katten en hun traceerbaarheid - Hoofdinhoud
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| dossier | COM(2023)769 - Welzijn van honden en katten en hun traceerbaarheid. |
|---|---|
| document | COM(2023)769  |
| datum | 7 december 2023 |
In order to ensure the effectiveness, efficiency and economy of the Commission controls, the control strategy will be oriented towards a balance of ex-ante and ex-post checks and focus on three key stages of grant/contract implementation, in accordance with the Financial Regulation:
–Selection of proposals/tenders that fit the policy objectives of the Regulation;
–Operational, monitoring and ex-ante controls that cover project implementation, public procurement, pre-financing, interim and final payments, management of guarantees;
–Ex-post controls at the beneficiaries/contractors’ sites will also be carried out on a sample of transactions. The selection of these transactions will combine a risk assessment and a random selection.
Directorate General for Health and Food Safety (DG SANTE) is subject to administrative controls including budgetary control, internal audit, annual reports by the European Court of Auditors and the Internal Audit Service, the annual discharge for the execution of the EU budget and possible investigations conducted by OLAF to ensure that the resources allocated are put to proper use.
In accordance with the Commission’s Internal Control Framework 65 , DG SANTE has elaborated an internal control strategy which focusses on financial management and its compliance with the Financial Regulation, especially with regard to the five control objectives 66 and the main principles of cost-efficient and effective controls and anti-fraud measures. The strategy is an evolving document which is regularly updated and it is adopted by DG SANTE's Management Board.
The Director in charge of Risk Management and Internal Control (RMIC) of DG SANTE is responsible for co-ordinating the drafting, updating and communication of the control strategy to all staff concerned. To this end, the Director launches each year an annual assessment of the internal control system that feeds into the Annual Activity Report of DG SANTE.
2.2.2.Information concerning the risks identified and the internal control system(s) set up to mitigate them
Risk management is fully integrated into DG SANTE’s planning and control cycle. The most important risks are identified in the annual risk assessment exercise. The focus is on the residual risk exposure taking into account all measures already taken to mitigate the risk. The exercise closes with discussions at senior management level chaired by the Director General. The so-called “critical risks” are reported to the Commissioner together with an action plan to reduce them to an acceptable level. To monitor the implementation of the action plans, each year a progress report is prepared and communicated to the Commissioner in the context of the mid-term report.
DG SANTE integrated risk management into its budget implementation processes. Potential risks, issues or problems are identified in each step of the financial management process.
The implementation of the new Regulation focuses on the attribution of public procurement contracts as well as a number of grants for specific activities and organisations.
The public procurement contracts will mainly be concluded in areas such as product development (such as stakeholders consultation) and promotional activities (to support uptake).
Grants will mainly be awarded for support activities to the Commission in product development).
The main risks are the following:
• Risk of not fully achieving the objectives of the Regulation due to insufficient uptake or quality/delays in the implementation of the selected projects or contracts;
• Risk of inefficient or non-economic use of funds awarded, both for grants (complexity of funding rules) and for procurement (limited number of economic providers with the required specialist knowledge entailing insufficient possibilities to compare price offers in some sectors).
• Reputational risk for the Commission, if fraud or criminal activities are discovered; only partial assurance can be drawn from the third parties' internal control systems due to the rather large number of heterogeneous contractors and beneficiaries, each operating their own control system.
The Commission put in place internal procedures that aim at covering the risks identified above. The internal procedures are in full compliance with the Financial Regulation and include anti-fraud measures and cost-benefit considerations. Within this framework, the Commission continues to explore possibilities to enhance the management and to realise efficiency gains. Main features of the control framework are the following:
Controls before and during the implementation of the projects:
• An appropriate project management system will be put in place focusing on the contributions of projects and contracts to the policy objectives, ensuring a systematic involvement of all actors, establishing a regular project management reporting complemented by on-site-visits on a case-by-case basis, including risk reports to senior management, as well as maintaining appropriate budgetary flexibility.
• Model grant agreements and service contracts used are developed within the Commission. They provide for a number of control provisions such as audit certificates, financial guarantees, on-site audits as well as inspections by OLAF. The rules governing the eligibility of costs are being simplified, for example, by using unit costs, lump sums, contributions not linked to costs and other possibilities offered by the Financial Regulation. This will reduce the cost of controls and put the focus on checks and controls in high-risk areas.
• All staff sign up to the code of good administrative behaviour. Staff who are involved in the selection procedure or in the management of the grant agreements/contracts (also) sign a declaration of absence of a conflict of interest. Staff is regularly trained and uses networks to exchange best practices.
• Technical implementation of a project is checked at regular intervals at the desk on the basis of technical progress reports of the contractors and beneficiaries; in addition, contractors'/beneficiaries' meetings and on-site-visits are foreseen on a case-by-case basis.
Controls at the end of the project: Ex-post audits are performed on a sample of transactions to verify on-the-spot the eligibility of cost claims. The aim of these controls is to prevent, detect and correct material errors related to the legality and regularity of financial transactions. With a view to achieving a high control impact, the selection of beneficiaries to be audited foresees to combine a risk-based selection with a random sampling, and to pay attention to operational aspects whenever possible during the on-site audit.
2.2.3.Estimation and justification of the cost-effectiveness of the controls (ratio of "control costs ÷ value of the related funds managed"), and assessment of the expected levels of risk of error (at payment & at closure)
The Commission’s and DG SANTE’s internal control strategies take into consideration the main cost drivers, and the efforts already taken over several years to reduce the cost of controls, without compromising the effectiveness of controls. The existing control systems proved to be able to prevent and/or to detect errors and/or irregularities, and in case of errors or irregularities, to correct them.
2.3.Measures to prevent fraud and irregularities
Specify existing or envisaged prevention and protection measures, e.g. from the Anti-Fraud Strategy.
Article 325 of the Treaty on the functioning of the European Union (TFEU) requires the EU and its Member States to combat fraud and any other illegal activities that may affect the EU’s financial interests. According to Article 317 of the TFEU and Article 36 of the Financial Regulation 67 , the EU Commission implements the EU budget, in compliance with sound financial management principles, applying effective and efficient internal control 68 , which includes preventing, detecting, correcting, and following up on fraud and irregularities.
As for its activities in direct management, the Commission shall take appropriate measures ensuring that the financial interests of the European Union are protected by the application of preventive measures against fraud, corruption and any other illegal activities, by effective checks and, if irregularities are detected, by the recovery of the amounts wrongly paid and, where appropriate, by effective, proportional and deterrent penalties. To this effect, the Commission adopted an anti-fraud strategy, latest update of April 2019 (COM(2019) 196) with the revised Action Plan of July 2023 (COM(2023) 405). DGs and executive agencies have developed and implemented their own anti-fraud strategies on the basis of the methodology provided by OLAF. In general, these are updated every three years and their implementation is monitored and reported to the management on a regular basis. DG SANTE has developed and implemented its own Anti-fraud strategy since 2013, on the basis of the methodology provided by OLAF. It is updated every three years. The most recent anti-fraud strategy of DG SANTE's, covering the years 2021 to 2024, was adopted by the Management Board on 8 November 2021 after a peer review organised by OLAF. Its implementation is being monitored and reported to the management twice a year.
For budget implementation under direct management, the Commission also implements a series of measures such as:
- decisions, agreements and contracts resulting from the implementation of the Regulation will expressly entitle the Commission, including OLAF, and the Court of Auditors to conduct audits, on-the-spot checks and inspections and to recover amounts unduly paid and, where appropriate, impose administrative sanctions;
- during the evaluation phase of a call for proposals/tender, the applicants and tenderers are checked against the published exclusion criteria based on declarations and the Early Detection and Exclusion System (EDES);
- the rules governing the eligibility of costs will be simplified in accordance with the provisions of the Financial Regulation ;
- regular training and awareness raising on issues related to fraud and irregularities is given to all staff involved in contract management as well as to auditors and controllers who verify the beneficiaries' declarations on the spot.
The assurance building process of the Authorising Officer by Delegation (AOD) is based on the capacity of the control systems in place to detect significant and/or repetitive deficiencies. The control systems are composed of different elements: supervision and verification of operations, ex-ante verifications, ex-post controls, and audits of the Internal Audit Service and the European Court of Auditors, as well as the health and food audits performed by DG SANTE in EU Member States and third countries. All actors involved play an essential role in fraud prevention and detection.
3.ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE
3.1.Heading(s) of the multiannual financial framework and expenditure budget line(s) affected
·Existing budget lines
In order of multiannual financial framework headings and budget lines.
| Heading of multiannual financial framework | Budget line | Type of expenditure | Contribution | |||
| Number | Diff./Non-diff. 69 | from EFTA countries 70 | from candidate countries 71 | from third countries | within the meaning of Article 21(2)(b) of the Financial Regulation | |
| 03.02.06 - Contributing to a high level of health and welfare for humans, animals and plants | Diff. | NO | NO | NO | NO |
3.2.Estimated financial impact of the proposal on appropriations
3.2.1.Summary of estimated impact on operational appropriations
– The proposal/initiative does not require the use of operational appropriations
– The proposal/initiative requires the use of operational appropriations, as explained below:
EUR million (to three decimal places)
| Heading of multiannual financial framework | 1 | Single Market, Innovation and Digital |
| DG: SANTE 72 | Year | Year | Year | TOTAL | ||
| 2025 | 2026 | 2027 et seqq. | ||||
| Operational appropriations | - | - | - | - | ||
| 03.02 06 Contributing to a high level of health and welfare for humans, animals and plants | Commitments | (1a) | 0,500 | 0,500 | 0,500 | 1.500 |
| Payments | (1b) | 0,200 | 0,400 | 0,900 | 1.500 | |
| Appropriations of an administrative nature financed from the envelope of specific programmes | - | - | - | - | ||
| Budget line | - | 3 | - | - | - | - |
| TOTAL appropriations | Commitments | =1a+3 | 0,500 | 0,500 | 0,500 | 1.500 |
| for DG SANTE | Payments | =1b+3 | 0,200 | 0,400 | 0,900 | 1.500 |
| TOTAL operational appropriations | Commitments | (4) | 0,500 | 0,500 | 0,500 | 1,500 |
| Payments | (5) | 0,200 | 0,400 | 0,900 | 1,500 | |
| TOTAL appropriations of an administrative nature financed from the envelope for specific programmes | (6) | - | - | - | - | |
| TOTAL appropriations | Commitments | =4+ 6 | 0,500 | 0,500 | 0,500 | 1.500 |
| under HEADING 1 | ||||||
| of the multiannual financial framework | Payments | =5+ 6 | 0,200 | 0.400 | 0,900 | 1.500 |
| □ TOTAL operational appropriations (all operational headings) | Commitments | (4) | - | - | - | - |
| Payments | (5) | - | - | - | - | |
| TOTAL appropriations of an administrative nature financed from the envelope for specific programmes (all operational headings) | (6) | - | - | - | - | |
| TOTAL appropriations under HEADINGS 1 to 6 of the multiannual financial framework (Reference amount) | Commitments | =4+ 6 | 0,500 | 0,500 | 0,500 | 1,500 |
| Payments | =5+ 6 | 0,500 | 0,400 | 0,900 | 1,500 |
Heading of multiannual financial framework | 7 | ‘Administrative expenditure’ |
This section should be filled in using the 'budget data of an administrative nature' to be firstly introduced in the Annex to the Legislative Financial Statement (Annex 5 to the Commission decision on the internal rules for the implementation of the Commission section of the general budget of the European Union), which is uploaded to DECIDE for interservice consultation purposes.
EUR million (to three decimal places)
| - | - | Year | Year | Year | TOTAL | |
| 2025 | 2026 | 2027 et seqq. | ||||
| DG: <SANTE.> | - | |||||
| Human resources | 0.440 | 0.449 | 0.458 | 1.346 | ||
| Other administrative expenditure | 0.054 | 0.054 | 0.054 | 0.162 | ||
| TOTAL DG <SANTE.> | 0,494 | 0.494 | 0.503 | 0.512 | 1.508 | |
| TOTAL appropriations | (Total commitments = Total payments) | - | 0,494 | 0,503 | 0,512 | 1,508 |
| under HEADING 7 | ||||||
| of the multiannual financial framework | ||||||
| EUR million (to three decimal places) | ||||||
| Year | Year | Year | TOTAL | |||
| 2025 | 2026 | 2027 et seqq. | ||||
| TOTAL appropriations | Commitments | 0,994 | 1,003 | 1,012 | 3,008 | |
| under HEADINGS 1 to 7 | ||||||
| of the multiannual financial framework | Payments | 0,694 | 0,903 | 1,412 | 3,008 |
EUR million (to three decimal places)
3.2.2.Estimated output funded with operational appropriations
Commitment appropriations in EUR million (to three decimal places)
| Indicate objectives and outputs | Year | Year | Year | TOTAL | ||||||
| 2025 | 2026 | 2027 et seqq. | ||||||||
| | ||||||||||
| Type[1] | Average cost | No | Cost | No | Cost | No | Cost | Total No | Total cost | |
| SPECIFIC OBJECTIVE No 2. Improving the traceability of dogs and cats placed on the Union market or supplied | ||||||||||
| - Output | Development and initial operation of the system of verification of the authenticity of this identification and registration for offerings via online Platforms and ensuring the interoperability of national databases | - | 0,500 | - | 0,500 | - | 0,500 | - | 1,500 | |
| Subtotal for specific objective No 2 | - | 0,500 | - | 0,500 | - | 0,500 | - | 1,500 | ||
| TOTALS | - | 0,500 | - | 0,500 | - | 0,500 | - | 1,500 |
3.2.3.Summary of estimated impact on administrative appropriations
– The proposal/initiative does not require the use of appropriations of an administrative nature
– The proposal/initiative requires the use of appropriations of an administrative nature, as explained below:
EUR million (to three decimal places)
| Year | Year | Year | TOTAL | |
| 2025 | 2026 | 2027 et seqq. | ||
| HEADING 7 | - | - | - | |
| of the multiannual financial framework | ||||
| Human resources | 0.440 | 0.449 | 0.458 | 1.346 |
| Other administrative expenditure | 0.054 | 0.054 | 0.054 | 0.162 |
| Subtotal HEADING 7 | 0.494 | 0.503 | 0.512 | 1.508 |
| of the multiannual financial framework | ||||
| Outside HEADING 7[2] | - | - | - | - |
| of the multiannual financial framework | ||||
| Human resources | - | - | - | - |
| Other expenditure | - | - | - | - |
| of an administrative nature | ||||
| Subtotal | - | - | - | - |
| outside HEADING 7 | ||||
| of the multiannual financial framework | ||||
| TOTAL | 0.494 | 0.503 | 0.512 | 1.508 |
The appropriations required for human resources and other expenditure of an administrative nature will be met by appropriations from the DG that are already assigned to management of the action and/or have been redeployed within the DG, together if necessary with any additional allocation which may be granted to the managing DG under the annual allocation procedure and in the light of budgetary constraints.
3.2.3.1.Estimated requirements of human resources
– The proposal/initiative does not require the use of human resources.
– The proposal/initiative requires the use of human resources, as explained below:
Estimate to be expressed in full time equivalent units
| Year 2024 | Year 2025 | Year 2026 | Year 2027 et seqq. | ||
| 20 01 02 01 (Headquarters and Commission’s Representation Offices) | 2 | 2 | 2 | ||
| 20 01 02 03 (Delegations) | |||||
| 01 01 01 01 (Indirect research) | |||||
| 01 01 01 11 (Direct research) | |||||
| Other budget lines (specify) | |||||
| 20 02 01 (AC, END, INT from the ‘global envelope’) | 1 | 1 | 1 | ||
| 20 02 03 (AC, AL, END, INT and JPD in the delegations) | |||||
| XX 01 xx yy zz 10 | - at Headquarters | ||||
| - in Delegations | |||||
| 01 01 01 02 (AC, END, INT - Indirect research) | |||||
| 01 01 01 12 (AC, END, INT - Direct research) | |||||
| Other budget lines (specify) | |||||
| TOTAL | 3 | 3 | 3 |
The human resources required will be met by staff from the DG who are already assigned to management of the action and/or have been redeployed within the DG, together if necessary with any additional allocation which may be granted to the managing DG under the annual allocation procedure and in the light of budgetary constraints.
Description of tasks to be carried out:
| Officials and temporary staff | AD will perform all the tasks that involve relationship with Member States, stakeholders as well as any preparation of legislation. |
| External staff | CA will perform tasks that require specific expertise in digital activities. |
3.2.4.Compatibility with the current multiannual financial framework
The proposal/initiative:
– can be fully financed through redeployment within the relevant heading of the Multiannual Financial Framework (MFF).
The EUR 1.5 million of operational expenses under budget line 03.0206 in years 2025 to 2027 will be covered by internal redeployment within the budget line.
– requires use of the unallocated margin under the relevant heading of the MFF and/or use of the special instruments as defined in the MFF Regulation.
Explain what is required, specifying the headings and budget lines concerned, the corresponding amounts, and the instruments proposed to be used.
– requires a revision of the MFF.
Explain what is required, specifying the headings and budget lines concerned and the corresponding amounts.
3.2.5.Third-party contributions
The proposal/initiative:
– does not provide for co-financing by third parties
– provides for the co-financing by third parties estimated below:
Appropriations in EUR million (to three decimal places)
| Year N 73 | Year N+1 | Year N+2 | Year N+3 | Enter as many years as necessary to show the duration of the impact (see point 1.6) | Total | |||
| Specify the co-financing body | ||||||||
| TOTAL appropriations co-financed |
3.3. Estimated impact on revenue
– The proposal/initiative has no financial impact on revenue.
– The proposal/initiative has the following financial impact:
– on own resources
– on other revenue
–please indicate, if the revenue is assigned to expenditure lines
EUR million (to three decimal places)
| Budget revenue line: | Appropriations available for the current financial year | Impact of the proposal/initiative 74 | ||||||
| Year N | Year N+1 | Year N+2 | Year N+3 | Enter as many years as necessary to show the duration of the impact (see point 1.6) | ||||
| Article …………. |
For assigned revenue, specify the budget expenditure line(s) affected.
[…]
Other remarks (e.g. method/formula used for calculating the impact on revenue or any other information).
[…]
(1) European Commission, Special Eurobarometer 533 “Attitudes of Europeans towards Animal Welfare”, Fieldwork: March 2023.
(2) FEDIAF annual report 2023: https://europeanpetfood.org/about/annual-report/
(3) The annual demand across the EU for dogs-only may exceed 8 million animals per year.
(4) In the fight against the trafficking of fauna (including the illegal trade of cats and dogs), the European Commission works closely with Europol, including in the context framework of the EMPACT, the European Multidisciplinary Platform Against Criminal Threats, platform which is a gateway to implement, and informed by the 2021 Communication on the EU Strategy on Organised Crime and other relevant EU policies, strategies and action plans.
(5) European Commission, Directorate-General for Health and Food Safety, Illegal trade of cats & dogs, EU enforcement action, 2023, doi:10.2875/236344.
(6) European Parliament resolution of 12 February 2020 on protecting the EU’s internal market and consumer rights against the negative implications of the illegal trade in companion animals ( 2019/2814(RSP) )
(7) Council Conclusions on the welfare of dogs and cats, 29 November 2010: https://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/agricult/118076.pdf
(8) “Study on the welfare of dogs and cats involved in commercial practices”, European Commission, 2015: https://food.ec.europa.eu/system/files/2016-10/aw_eu-strategy_study_dogs-cats-commercial-practices_en.pdf
(9) The risks for animal welfare can be numerous: mutilations, inbreeding, irreversible behavioural problems, abuse, mistreatment, parasites or bacterial and viral infections, physical exploitation, genetic defects, conformation-associated diseases.
(10) DK, DE, LT, SE, BG, LV, CY, BE, CZ, LU, IE, PT, FI, NL, SK, EE, MT, SI, ES, HR.
(11) Agrifish Council meeting of 21 February 2022.
(12) Council of Europe, European Convention for the Protection of Pet Animals, CETS 125 - European Convention for the Protection of Pet Animals (coe.int) .
(13) Directive 2010/63/EU of the European Parliament and of the Council of 22 September 2010 on the protection of animals used for scientific purposes (OJ L 276, 20.10.2010, p. 33).
(14) Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No 1255/97(OJ L 3, 5.1.2005, p. 1).
(15) The Commission has adopted a proposal to revise and complement these rules on the welfare animals, in particular dogs and cats, during transport.
(16) Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’) (OJ L 84, 31.3.2016, p. 1).
(17) Regulation (EU) No 576/2013 of the European Parliament and of the Council of 12 June 2013 on the non-commercial movement of pet animals and repealing Regulation (EC) No 998/2003 (OJ L 178, 28.6.2013, p. 1).
(18) Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC, OJ L 277, 27.10.2022, p. 1
(19) IBF International Consulting, VetEffecT, Wageningen University & Research Centre (WUR), Istituto Zooprofilattico Sperimentale dell'Abruzzo e del Molise "G. Caporale" (IZSAM), Study on the welfare of dogs and cats involved in commercial practices, 2015, p. 6 ( https://food.ec.europa.eu/system/files_ro?file=2016-10/aw_eu-strategy_study_dogs-cats-commercial-practices_en.pdf )
(20) Magnus, J., A Starter Guide to Understanding and Working with Animal Shelters for Animal Sanctuaries , Open Sanctuary, accessed in November 2023.
(21) Government of Flanders, Department of Animal Welfare, Opgevangen dieren in Vlaamse dierenasielen 2021, 2021, Cijfers opgevangen dieren asielen 2021 - website.xlsx (vlaanderen.be)
(22) Fatjó, J. et al, ‘Epidemiology of Dog and Cat Abandonment in Spain (2008–2013)’, Animals, Vol. 5, 2, MDPI, pp. 426–441, https://doi.org/10.3390%2Fani5020364 .
(23) Under the Animal Health Law, only shelters moving animals to other Member States and assembly centres are submitted to an approval requirement.
(24) Regulation (EU) No 576/2013 of the European Parliament and of the Council of 12 June 2013 on the non-commercial movement of pet animals, OJ L 178, 28.6.2013, p. 1
(25) https://food.ec.europa.eu/animals/animal-welfare/eu-platform-animal-welfare/platform-conclusions_en#pets
(26) EFSA (European Food Safety Authority), 2023, Scientific and technical assistance on welfare aspects related to housing and health of cats and dogs in commercial breeding establishments. EFSA Journal, 21(9), 1–105. https://doi.org/10.2903/j.efsa.2023.8213
(27) https://food.ec.europa.eu/system/files/2023-07/aw_platform_plat-conc_recom_dog-cat_sales.pdf
(28) https://food.ec.europa.eu/system/files/2023-07/aw_platform_plat-conc_recom_dog-cat_breeding.pdf
(29) Stakeholder consultation with pedigree breeders’ representatives, association and NGO for the protection of animal welfare.
(30) IBF international Consulting, Study on the Welfare of Dogs and Cats involved in Commercial Practices, final report, SANCO, EU COM, 2015.
(31) Stakeholder consultation.
(32) Stakeholder consultation with dog/cat pedigree breeders’ representatives.
(33) Van der Leij, W. J. L. et al, ‘Quantification of a shelter cat population: trends in intake, length of stay and outcome data of cats in seven Dutch shelters between 2006 and 2021’, PLOS ONE , Vol. 18, 5, PLOS ONE, 2023, https://doi.org/10.1371/journal.pone.0285938.
(34) Veto Tierschutz, Wo wir helfen, accessed in November 2023.
(35) Veto Tierschutz, Wo wir helfen, accessed in November 2023.
(36) McCobb, E. and Dowling-Guyer, S., ‘Welfare assessments for long-term housing in animal shelters,’ Veterinary record , Vol. 178, 1, pp. 17-18, https://doi.org/10.1136/vr.h6936 .
(37) Voluntary Initiative on the Health and Welfare of Pets (Dogs and Cats) in Trade, Welfare in Pet Trade, Responsible dog breeding guidelines, DOC/2020/11972 Rev1, 2020.
(38) Voluntary Initiative on the Health and Welfare of Pets (Dogs and Cats) in Trade, Welfare in Pet Trade, Responsible cat breeding guidelines, DOC/2020/11982 Rev1, 2020.
(39) EU Dog & Cat Alliance, The welfare of dogs and cats involved in commercial practices: a review of the legislation across EU countries; EU Dog and Cat Alliance, National Legislation – EU Dog & Cat Alliance (dogandcatwelfare.eu) .
(40) Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’), OJ L 84, 31.3.2016, p. 1–208.
(41) EU Dog and Cat Alliance, National Legislation – EU Dog & Cat Alliance (dogandcatwelfare.eu) .
(42) Eurogroup for Animals, The illegal pet trade: game over, 2020, chapter 3.
(43) EU Dog and Cat Alliance, National legislation .
(44) See for example Fédération Internationale Féline, FIFe Breeding & Registration Rules, 2023 or Fédération Cynologique Internationale, International Breeding Rules of the FCI.
(45) Based on costs comparisons of different Member States and Europetnet, Microchipping.
(46) EU Dog and Cat Alliance, National legislation .
(47) Europetnet, Member organizations .
(48) Estimation based on EU Dog & Cat Alliance and Blue Cross, Online pet sales in the EU What’s the cost?
(49) EU Dog and Cat Alliance and Blue Cross, Online pet sales in the EU What’s the cost?
(50) EU Dog and Cat Alliance, National legislation .
(51) European Commission, Directorate-General for Health and Food Safety, Illegal trade of cats & dogs, EU enforcement action, 2023, doi:10.2875/236344. .
(52) OJ C , , p. .
(53) OJ C , , p. .
(54) Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’), OJ L 84, 31.3.2016, p. 1.
(55) Directive 2010/63/EU of the European Parliament and of the Council of 22 September 2010 on the protection of animals used for scientific purposes (OJ L 276, 20.10.2010, p. 33).
(56) Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation), OJ L 95, 7.4.2017, p. 1–142.
(57) EFSA (European Food Safety Authority), Candiani, D., Drewe, J., Forkman, B.,Herskin, M. S., Van Soom, A., Aboagye, G., Ashe, S., Mountricha, M., Van der Stede Y., Fabris, C. 2023.Scientific and technical assistance on welfare aspects related to housing and health of cats and dogs in commercial breeding establishments.EFSA Journal,21(9), 1–105.https://doi.org/10.2903/j.efsa.2023.8213
(58) Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making (OJ L 123, 12.5.2016, p. 1).
(59)
Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers; OJ L 55, 28.2.2011, p. 13–18.
(60) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 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, OJ L 295, 21.11.2018, p. 39.
(61) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation); OJ L 119, 4.5.2016, p. 1.
(62) Commission Delegated Regulation (EU) 2020/692 of 30 January 2020 supplementing Regulation (EU) 2016/429 of the European Parliament and of the Council as regards rules for entry into the Union, and the movement and handling after entry of consignments of certain animals, germinal products and products of animal origin, OJ L 174, 3.6.2020, p. 379.
(63) As referred to in Article 58(2)(a) or (b) of the Financial Regulation.
(64) Details of budget implementation methods and references to the Financial Regulation may be found on the BUDGpedia site: https://myintracomm.ec.europa.eu/corp/budget/financial-rules/budget-implementation/Pages/implementation-methods.aspx
(65) C(2017) 2373 of 19/04/2017
(66) According to the COSO model adopted by the Commission Internal Control Framework in its latest version: C(2017) 2373 of 19/04/2017 3 Communication to the Commission on the revision of the Internal Control Framework (C(2017) 2373 of 19/04/2017) which replaces the Internal Control Standards laid down in SEC(2001)2037 and revised by SEC(2007)1341.
(67) Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012, O.J. L 193, 30.7.2018, 1.
(68) Communication to the Commission on the Revision of the Internal Control Framework C(2017)2373 adopted on 19/04/2017 (Principle 8, Characteristic 8.2).
(69) Diff. = Differentiated appropriations / Non-diff. = Non-differentiated appropriations.
(70) EFTA: European Free Trade Association.
(71) Candidate countries and, where applicable, potential candidates from the Western Balkans.
(72) Annual maintenance costs of EUR 300.000 are not included as they are applicable as of 2028 and fall under the next MFF.
(73) Year N is the year in which implementation of the proposal/initiative starts. Please replace "N" by the expected first year of implementation (for instance: 2021). The same for the following years.
(74) As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net amounts, i.e. gross amounts after deduction of 20 % for collection costs.
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EUROPEAN COMMISSION
Brussels, 7.12.2023
COM(2023) 769 final
ANNEXES
to the Proposal for a
REGULATION OF THE EUROPEAN PARLIAMENT AND THE COUNCIL
on the welfare of dogs and cats and their traceability
ANNEX I
Requirements applicable to establishments
(pursuant to Articles 11 to 15)
1.Feeding
1.1.The operator shall implement the following feeding frequencies:
(a)adult cats and dogs shall be fed twice a day;
(b)pregnant bitches and queens shall have ad libitum access to feed;(c)puppies under 8 weeks of age shall be fed at least 5 times a day;
(d)kittens under 12 weeks of age shall be fed at least 4 times a day.
1.2.Every new-born puppy or kitten shall be fed with colostrum from their bitch or queen in the first two days of their lives.
1.3.If the bitch or the queen is ill or is otherwise unable to feed her offspring, the operator shall provide milk from other bitches and queens at the same holding and supplementary milk formulas designed for puppies and kittens with the feeding frequency as instructed by the formula producer or a veterinarian, until weaning is completed.
1.4.The operator shall ensure that all unweaned puppies and kittens are getting enough milk to steadily gain bodyweight.
1.5.Weaning shall be performed with gradual introduction of firm feed, in a process not shorter than 7 days and shall not be completed before 6 weeks of age for puppies and kittens alike.
2.Housing
2.1.Temperature:
Operators shall ensure that temperature is maintained within a range of:
(a)10 to 26°C in the indoor areas where adult dogs are kept;
(b)15 to 26°C in the indoor areas where adult cats are kept;
(c)22 to 28°C in whelping areas for the first 10 days of puppies’ lives;
(d)18 to 27°C in kittening areas for the first 21 days of kittens’ lives.
Temperature ranges shall be adapted accordingly for animals of brachycephalic breed/type and for animals with extreme coat types (hairless or heavy-coated breeds).
2.2.Lighting
2.2.1.Where applicable, artificial lighting shall be provided for a period at least equivalent to the period of natural light normally available between 9 a.m. and 5 p.m.
2.2.2.Artificial light shall be broad spectrum or full spectrum.
2.2.3.The illuminance shall be at least 50 lux at the height of an animal’s head.
2.2.4.Animals shall have the possibility to stay in the dark for at least 8 hours per day.
2.3.Space allowances
2.3.1Minimum space allowances for dogs and cats (total accessible area, including indoor and confined outdoor space referred to in Article 11(5) where relevant):
| Live weight | Area per animal | For each additional adult animal or for bitches and queens with litter | Minimum height (Where roofed) |
| Dogs of less or than 10kg and cats | 4 m2 | + 2 m2 | 1,80 m |
| Dogs of more than 10 kg and less than 20 kg | 6 m2 | + 3 m2 | |
| Dogs of more than 20 kg and less than 30 kg | 8 m2 | + 4 m2 | |
| Dogs of more than 30 kg | 10 m2 | +5 m2 |
2.3.2.The whelping pen must be provided for and designed to permit the bitch to move away from her puppies.
2.3.3.If enclosures are occupied by more than one dog or cat, operators must ensure by taking specific measures (e.g., separation panels) that these animals do not pose threat to each other due to aggressive behaviour.
3.Health
3.1.Queens shall only be bred if their age is at least 12 months;
3.2.Bitches shall only be bred if their age is at least 18 months;
3.3.Operators shall allow for up to 3 litters per bitch or queen within a period of 2 years.
3.4.After 3 consecutive litter-giving pregnancies of a bitch or a queen within a period of 2 years, operators shall ensure a recuperation period by preventing pregnancies of the bitch or queen for a period of at least 1 year.
4.Behavioural needs
4.1.Operators shall ensure that:
(a)in the first 15 weeks of age, puppies and kittens have regular opportunities for social contact with their conspecifics and humans, and, if possible, with other animals;
(b)where adult cats and dogs are placed in catteries or kennels, socialization with humans is provided, notably by regular visits and contact with the animals;
(c)areas where cats and dogs are kept are equipped with enrichment structures and items accessible to all animals, providing a stimulating environment, and reducing frustration of animals;
(d)puppies are not permanently separated from their mothers before the age of 8 weeks;
(e)kittens are not permanently separated from their mothers before the age of 12 weeks.
ANNEX II
Identification and registration of dogs and cats
(pursuant to Article 17)
Transponders used to mark cats and dogs as required in Article 16 shall meet the following requirements:
(a)the microchip shall contain an individual, non-repeatable and non-reprogrammable identification number;
(b)the identification number shall identify the country of origin of the animal;
(c)code structure and technical concept of radio frequency identification shall be in compliance with ISO standards 11784 and 11785;
(c)compliance with ISO standards 11784 and 11785 shall be evaluated according to ISO standard 24631.
ANNEX III
Collection of data
(pursuant to Article 20)
1.Number of dogs and cats microchipped per year as referred to in Article 17;
2.Number of breeding establishment approved per year as referred to in Article 16.
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