(1)Live animals, including cats and dogs are covered by Annex I to the Treaty on the Functioning of the European Union, form part of the common agricultural policy of the Union and their welfare should be protected. There is a market for these animals in the Union, including substantial cross-border trade. Many Member States are signatories to the European Convention for the Protection of Pet Animals. There is a wide range of evidence of sub-optimal functioning of the internal market for dogs and cats in the Union as well as of illegal trade in these animals within the Union and at import into the Union. Therefore, considering the findings on animals, which recognise their capacity for emotions, pain and social interactions, it is necessary to establish minimum requirements for the welfare of dogs and cats that are bred and kept in establishments, as well as strengthened requirements regarding the traceability of dogs and cats placed on the Union market.

(2)Dogs and cats, with its own unique biological and behavioural needs, are traded and kept as pets in the Union. The absence of Union welfare provisions on breeding, keeping and placing on the market of dogs and cats, as well as divergent national rules where they exist, have sometimes led to those animals being born, bred and sold or adopted at no cost, in circumstances which could have serious detrimental consequences to their welfare. Competition between commercial breeders of dogs and cats in different Member States is not conducted on a level playing field because animal welfare conditions are one of the main elements of the competitiveness of these operators and they differ considerably between Member States. As a consequence, competition is distorted, especially for high standards breeders and keepers, which are unable to monetise their investments into animal welfare when they trade cross border because they are confronted with operators that profit from sub-standard animal welfare conditions to exert competition and drive prices and standards down.

(3)Also, consumers are insufficiently protected as they are often confronted, when acquiring a dog or a cat, with the negative consequences of the poor welfare conditions in which the animals have been bred and kept in the establishments, such as health problems, behavioural problems or genetic defects of the dog or cat purchased or acquired. To support informed consumer choices and promote compliance with Union rules, it is essential to inform the public and raise awareness of the difference between responsible and non-compliant or unlawful breeding practices.

(6)Illegal trade of dogs and cats has developed in part due to lack of traceability of these animals to the original litter and to consumers’ enthusiasm for these animals, facilitated by the development of online purchasing. In turn, illegal trade practices are associated with suffering of dogs and cats subject to uncontrolled breeding practices. It is not possible to ensure that operators abide by the same standards of animal welfare, and to ensure uniform conditions of competition in the internal market in relation to the placing on the market of dogs and cats without reliable means to trace the animals to their origin. It is therefore crucial to ensure the traceability of dogs and cats by a system that identifies and registers dogs and cats before their first placing on the Union market as well as each time there is a change of ownership of the animals.

(7)Illegal trade in cats and dogs from outside the EU has been increasing. Current EU rules on the movements of dogs and cats into the EU, such as the provisions of Regulation (EU) No 576/2013 and of the Animal Health Law, do not contain sufficient tools to prevent this illegal trade. This means that additional rules to fight illegal trade in dogs and cats are required. Existing animal health rules require that, both for commercial and non-commercial movement of dogs and cats entering into the Union, the animals must be identified with a microchip. To reinforce these traceability provisions, the owners or persons responsible for dogs and cats entering into the Union should ensure their registration in one of the Member States’ databases at the place of destination. This will provide for greater control on the movements of those animals.

(8)The traceability provisions of this proposal also contribute to the protection of public health via better animal welfare, better animal health, and better controls on the possible transmission of animal diseases (some of which being of zoonotic nature, some of which transmitting to wildlife, this following a One Health approach.

(10)Regulation (EU) 2016/429 requires the identification of dogs and cats with a transponder but only if they are subject to movements between Member States entered into the Union. The identification required by that Regulation is not fully harmonised as it does not include precise standards regarding transponders. Furthermore, that Regulation does not require Member States to keep databases of dogs and cats. 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 facilitate finding information on dogs and cats across the Union, as well as enable competent authorities to carry out official controls to ensure compliance with animal welfare rules.

(11)The placing on the market of dogs and cats, whether for profit or at no cost, has an impact on the internal market. Therefore, to prevent fraud, traceability of all animals traded in the Union market should be ensured and the keeping of animals in breeding and selling establishments, pet foster homes or animal shelters should be subject to detailed rules. The military, police or customs that breed or keep dogs for their own services’ use are not in such situation as they do not carry out their breeding or keeping activities for the market.

(13)Directive 2010/63/EU of the European Parliament and of the Council4 regulates the keeping, breeding and supply of animals kept for scientific purposes including dogs and cats. Regulation (EU) 2019/6 of the European Parliament and of the Council regulates clinical trials for veterinary medicinal products involving the use of animals, including dogs and cats. Dogs and cats intended or used for scientific purposes as well as dogs and cats used in clinical trials required for the marketing authorisation of veterinary medicinal products should therefore be excluded from the scope of application of this Regulation.

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4 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)A large number of dogs and cats will be covered by detailed welfare rules for the first time, which will allow them to benefit from better living conditions. However, considering the practical difficulties in certain cases to determine whether dogs and cats are kept as pets or used for agricultural purposes, such as herding, guarding livestock, farm protection, or for placing on the market or supply, this Regulation should exempt pet owners who keep a number of dogs and cats and produce a number of litters below a certain threshold. Otherwise, those pet owners would be subject to the relevant requirements of this Regulation, which would not be proportionate. Stray cats that roam freely and that keep rodent populations in check, have long been part of this rural balance and serve a functional and symbiotic role on agricultural holdings. Rural and remote areas, where access to veterinary services and compliance infrastructure may be limited, as well as the need to avoid imposing a disproportionate burden on farmers and small-scale breeders, should be duly taken into account.

(17)Moreover, in the Union market different types of operators carrying out different types of activities place dogs and cats on the market. Aside from commercial breeders there are selling establishments where dogs and cats, that are typically born and bred in other establishments, are kept for sale. The protection of these animals may be suboptimal, and there are no common welfare standards that need to be observed in these establishments. Given that selling establishments are commercial operators that place on the market dogs and cats, it is therefore necessary to apply the requirements of this Regulation to these establishments.

(19)Despite the differences in the activities carried out by commercial breeders and selling establishments, on the one hand, and animal shelters, on the other, they all place dogs and cats in the Union market and there is a certain amount of overlap, especially at the level of the demand. When looking for a dog or cat, consumers make choices between buying an animal from a breeder (either directly or through a selling establishment or intermediary), or adopting one from a shelter. The acquisition of dogs or cats directly from pet owners is marginal. One important factor in the choice of a dog or a cat is the possible behavioural or other problems that the animal may exhibit because of having been kept in poor welfare conditions and which may reduce their suitability to be kept as a pet animal, irrespective of whether the animal has been kept in a commercial breeding establishment, in a selling establishment or in a shelter. Moreover, given that trade is also conducted by intermediaries and mostly online, consumers may not be aware before they acquire a dog or a cat of whether the animal originates from a shelter, a breeder or a selling establishment. Providing such information could assist buyers in making informed and responsible choices. There is evidence that the number of animals placed on the Union market by shelters is significant, in particular for cats. There is also evidence that animals are placed on the market from shelters in some Member States to prospective pet owners in other Member States, in particular for dogs. In order to ensure the achievement of the objective of this Regulation to ensure the smooth functioning of the internal market in dogs and cats, and the rational development of the sector while ensuring a high level of animal welfare, it is necessary to apply some of the requirements of this Regulation to shelters that keep a certain minimum number of animals, irrespective of whether they place dogs or cats on the Union market against payment, for free or upon reimbursement of reasonable costs. However, for reasons of proportionality and given that the activities of shelters differ from those of other operators and may fulfil a public interest function, only some of the requirements of this Regulation should apply to shelters, concerning, in particular the number and competence of animal caretakers, housing, feeding and watering, behavioural needs and painful practices, and advisory visits by a veterinarian.

(20)In addition, given the significant numbers of animals placed on market in the Union by shelters, and the need to ensure the achievement of the objectives of this Regulation regarding traceability and prevention of illegal trade, shelters should also be subject to the requirements of this Regulation concerning identification and registration of dogs and cats, regardless of whether or not their activity can be considered economic in nature. Operators responsible for shelters should be encouraged to take appropriate measures to prevent reproduction of the dogs or cats kept in shelters.

(23)In order to ensure proper enforcement of this Regulation, it is essential that competent authorities are able to identify the establishments subject to their official controls. It is therefore necessary that operators keeping dogs and cats in establishments notify their activities to the competent authorities and that the competent authorities keep an updated register of these establishments. In order to minimise the administrative burden for operators, competent authorities should be able, for that purpose, to use information or data collected in the register of dogs and cats establishments under Regulation (EU) 2016/429.

(24)The distress and suffering of dogs and cats during training activities by untrained or poorly educated handlers can have detrimental effects on the behavioural patterns of dogs and cats, with possible risks to human health and safety and the environment. Therefore, well trained and skilled staff are essential for improving the welfare conditions of animals, including when breeding, keeping and handling dogs intended for military, police and customs services. Competencies in animal welfare require knowledge of the basic behavioural patterns and needs of the species concerned. Animal caretakers should have the competencies in animal welfare relevant to their tasks and the animals they handle, in order to avoid inflicting pain, distress and suffering on dogs and cats. Animal caretakers and relevant authorities, including government agencies should regularly update their competences through training programmes promoting training methods such as ‘operant conditioning’, prioritising positive reinforcement, instead of methods based on punishment.

(25)Given the fact that animal welfare includes the health of animals, veterinarians are in the best position to provide advice to operators with a view to improving the animal welfare situation in establishments. Veterinarians should play an active role in raising awareness on the interrelationship between the health and welfare of those animals. Establishments keeping a number of dogs and cats that exceeds a certain threshold dogs and cats should therefore receive an animal welfare visit from a veterinarian within the first year of application of this Regulation or within the first year of the notification of a new establishment, thereafter the visits from a veterinarian shall take place when appropriate, based on a risk analysis by the competent authorities.

(26)Certain breeding strategies may lead to welfare problems for dogs and cats. By selecting certain genetic traits for aesthetic or other marketing reasons, undesirable traits from an animal welfare perspective may also be created and passed on to future generations. Therefore, operators should take measures to ensure that their breeding strategies do not lead to such negative consequences for the welfare of the dogs and cats. In particular, breeding strategies motivated by marketing objectives can result in certain types of dogs and cats developing ‘excessive conformational traits’. Since such excessive conformational traits can lead to significant health problems for the dogs and cats concerned, breeders should exclude them from breeding programmes.

(27)Scientific evidence demonstrates that inbreeding has significant negative impacts on animal health and welfare. Therefore, inbreeding of dogs and cats between parents and offspring, between siblings, between half siblings or between grandparents and grandchildren should be prohibited, as this increases the incidence of inherited disorders and compromises immune system function, both of which adversely impact the health and welfare of dogs and cats. Inbreeding should nevertheless be possible, when necessary to preserve local breeds with a limited genetic pool provided that it is authorised for that reason by the competent authority.

(30)Scientific evidence is clear about the necessity for dogs and cats of having enough space to express their natural behaviour and having normal social interactions. This is not possible where animals are kept in confinement and in containers for long periods. The keeping of dogs and cats in containers for long periods should therefore be prohibited, except if needed for the transport and temporary, short term isolation of individual dogs and or cats and during the participation in shows, exhibitions and competitions, for puppies or kittens with reduced thermoregulation capacity or puppies or kittens together with their mothers provided that stress is minimised and suffering due to extreme temperatures is avoided and the dogs and cats are able to stand and lie down in a natural position.

(33)To prevent pregnancy complications and compromising their welfare, bitches and queens should not be bred before reaching appropriate maturity. To allow them to physically recuperate from pregnancy and lactation, bitches and queens should only be readmitted to reproduction after a sufficient period of time. However, to prevent certain pathological reproductive conditions in bitches and queens, such as pyometra, up to three pregnancies litters within a period of 2 years should be allowed, followed by an adequate recuperation period, which should not be less of 1 year for bitches and queens that have delivered 3 litters, including stillborns, within a period of 2 years. Reproduction should cease in bitches and queens coming into older age and in bitches and queens that have had two cesarean sections, as it cannot be excluded that an additional pregnancy will have a negative effect on their welfare. All females used for reproduction should be regularly monitored by a veterinarian.

(36)Procedures with the purpose of altering the appearance of or preventing certain behaviours of cats and dogs, such as ear cropping, tail docking, removal of claws and resection of vocal cords, have a serious negative impact on the welfare of cats and dogs. These procedures cause pain and prevent cats and dogs from expressing innate behaviours. For this reason, they can only be allowed if performed by a veterinarian and only when necessary for medical reasons. However, for certain breeds, f.e. for hunting dogs, such procedures could be allowed for prophylactic, diagnostic and/or therapeutic reasons, and only if carried out by a veterinarian. In specific contexts and regions of Europe, tail docking may also be justified to prevent tail injuries, provided it is based on a full and thorough medical evaluation.

(37)Prior inspection of establishments by official veterinarians or other professionals, in case the official control task has been delegated, and consequent approval of establishments is an effective way to ensure that establishments comply with the requirements of this Regulation. However, given the limited availability of official veterinarians in Member States, it is not proportionate to require prior on-site inspection and approval for all establishments so that official veterinarians should focus on establishments representing a higher risk from the point of view of animal welfare. The conditions in breeding establishments are particularly critical to ensure that dogs and cats are properly bred, kept and treated before being placed on the market, in particular due to the consequences that poor animal welfare conditions at an early age can have for dogs and cats. It is therefore important that those establishments are approved by the competent authorities and are subject to onsite pre-inspection before their approval. It is also important that a list of those approved establishments is publicly available to allow potential buyers to verify the status of the breeding establishments and thus to strengthen public control and citizens' awareness.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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."

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(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.

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

1.This Regulation shall apply to the breeding, keeping, placing on the market and entry into the Union of dogs and cats.

2.This Regulation shall not apply to the breeding, keeping, placing on the market or supplying of dogs or cats intended for scientific purposes or for clinical trials required for the marketing authorisation of veterinary medicinal products.

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;

5.‘placing on the market’ means the sale, offering for sale, distribution or any other form of transfer of ownership or responsibility, whether in return for payment or free of charge, excluding occasional and irregular donations of small numbers of dogs and cats by natural persons by means other than via the intermediation of an online platform, as well as the advertising of animals for the above purposes;

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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;

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11.‘establishments’ means breeding establishments, selling establishments, shelters and foster homes;

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;

13.‘selling establishments’ means any premises or structure where dogs or cats are kept for sale without having been born there;

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;

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;

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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 ;

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;

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

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

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

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;

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;

27.‘container’ means any cage, crate, box, receptacle or movable structure used to confine dogs or cats;

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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.

With the exception of the provisions laid down in Article 5 this chapter shall not apply to:

–a breeding establishment where at most two litters per calendar year are produced for placing on the market shall only be subject to the obligations laid down in Article 5, Article 6(1), (1a) and (1b), Articles 6a, 7 and 8, Article 11(2), (3) and (4), Article 12(3), (4) and (7), Article 13(2), points (b), (c) and (d), Article 14(2), (3), (4) and (5a), Article 15 and Article 15a(1).

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General welfare principles

Operators and animal caretakers shall apply the following welfare principles with respect to dogs or 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 and appropriate nutrition and hydration.

(b)dogs and cats are kept in an appropriate and clean physical environment which is secure and comfortable, especially in terms of space, air quality, temperature, light, protection against adverse climatic conditions and ease of movement, preventing overcrowding.

(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, breeding practices or mutilations.

(e)dogs and cats are kept in such a way as to optimise their mental state by preventing or reducing their negative experiences in duration and intensity, as well as by maximizing opportunities for positive experiences in duration and intensity, preventing the development of abnormal repetitive and other behaviours indicative of negative animal welfare, and taking into consideration the individual dog's or cat's needs in the different domains referred to in paragraphs (a) to (d).

General welfare obligations

1.Operators and animal caretakers shall be responsible for the welfare of dogs or cats kept in their establishments and under their control and to minimise any risks to their welfare.

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Notification and registration of establishments

Operators shall notify to the competent authorities of their activity, providing at least the following information:

(c)the type of establishment: breeding establishment, selling establishment shelter or foster home;

(e)the capacity of the establishment expressed as the maximum number of dogs and cats which can be kept in the establishment.

1.Operators shall provide to the acquirer of a dog or cat written information necessary to enable him or her to ensure the welfare of the dog or cat including information on responsible ownership and on the specific needs of the dog or cat in terms of feeding, caring, health, housing and behavioural needs, as well as information on its health, including vaccination status.

2.When operators and the natural or legal persons advertise the placing on the market of dogs and cats, via online platforms at least the following warning shall be displayed, in clearly visible and bold characters:

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 its health and well-being needs are met at all times. Taking care of an animal requires financial resources. It is forbidden to abandon the animal once it is in your care.”

1.Animal caretakers, with the exception of supervised volunteers and interns, shall have the following competences as regards the dogs and cats they are handling:

(b)ability to recognise their expressions including any sign of suffering and to identify and take 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, preventing suffering;

Advisory welfare visits

1.Operators shall:

(a)ensure that by ... [1 year after the date of application of this Regulation] or within the first year from the date of the notification of a new establishment, the establishments under their responsibility receive, at least once a year, an unannounced visit by an official veterinarian, hired by the competent authority, for the purpose of identifying and assessing any risk factor for animal welfare, advising the operator or the natural or legal person responsible for the shelter on measures to address risks for animal welfare, health and the environment and, if the findings indicate severe risk factors, a report to the competent authority in accordance with Regulation (EU) 2017/625 and a follow-up visit within two months;

(b)keep the records of the findings of the visit of the veterinarian referred to in point (a) and of their follow up actions and keep those records for at least 5 years, from the day of the visit, and shall make them available to the competent authorities and visiting veterinarian upon request.

2.By [24 months from the date of entry into force of this Regulation] the Commission is empowered to adopt delegated acts in accordance with Article 23 supplementing this Article to lay down minimum criteria to identify and assess the risk factors by the veterinarian during the advisory welfare visits, including on follow-up actions.

1.Operators shall ensure that dogs or cats are fed in accordance with the requirements laid down in point 1 of Annex I.

2.Operators shall ensure that dogs or cats are adequately fed and hydrated by supplying:

(a)clean and fresh 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 or cats, with the overall objective of achieving and maintaining good health;

3.Operators and caretakers shall ensure that feeding and drinking facilities are kept clean and constructed and installed in such a way as to:

(a)provide equal access to all dogs and cats;

1.Except of natural or legal person responsible for shelters, operators shall ensure that dogs and cats are provided with housing in accordance with point 2 of Annex I.

2.Operators shall ensure that:

(c)in breeding establishments and selling establishments where dogs and cats are kept indoors, temperature, relative air humidity and gas concentrations are not harmful to dogs or cats and that ventilation is sufficient to avoid overheating;

(d)dogs and cats have enough space to be able to move around freely and to express species-specific behaviour according to their needs;

Operators shall not keep dogs or cats in containers.

By way of derogation, containers may only be used for the transport, short term isolation of individual dogs or cats and during the participation in shows, exhibitions and competitions, for puppies or kittens with reduced thermoregulation capacity or puppies or kittens together with their mothers, provided that stress is minimised and suffering is avoided and the dogs and cats are able to stand and lie down in a natural position.

4.Keeping dogs exclusively indoors shall be prohibited. Dogs kept indoors shall have daily access to an outdoor area that allows exercise, exploration 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.

7.Operators shall ensure that dogs or cats are exposed to light, and are able to stay in the dark for sufficient and uninterrupted periods in order to maintain a normal circadian rhythm.

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2.Operators and caretakers shall ensure that:

(a)dogs or cats under their responsibility are inspected by animal caretakers at least once a day and vulnerable dogs and cats, such as newborns, ill or injured dogs and cats, and peri-partum bitches and queens, are inspected more frequently;

(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;

(c)where, in cases referred to in point (b), recovery is not achievable and the dogs or cats experience severe pain or suffering that cannot be alleviated and keeping them alive is contrary to the rules of their well-being euthanasia may be only carried out by a veterinarian and with the prior consent of the operator

(d)measures are in place to prevent and control external and internal parasites, including preventive veterinary treatments such as vaccination, 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 biological or chemical contamination.

Operators responsible for breeding establishments and their caretakers shall ensure that:

(a)bitches or queens are only bred if they have a minimum age in accordance with point 3 of Annex I, their skeletal growth is completed, and they have no diagnosed disease, clinical sign of diseases or physical conditions which could negatively impact their pregnancy and welfare;

(b)litter-giving pregnancies of bitches or queens follows a maximum frequency in accordance with point 3 of Annex I; ;

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(e)dogs and cats which are no longer used for reproduction, including as a result of the provisions of this Regulation, are either kept or sold, donated or rehomed, not killed or abandoned.

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1.Operators shall ensure that measures are taken to meet the behavioural needs of cats or dogs in accordance with point 4 of Annex I.

2.Keeping dogs and cats in areas restraining their natural movements shall be prohibited, except in case of Article 12(3), second subparagraph, and for performing the following procedures or treatments:

(a)physical examinations;

(b)individual identification of dogs and cats and reading the identification information;

3.Tethering shall be prohibited, except for the duration of a medical treatment.

1.Mutilations, including ear cropping, tail docking, claw removal or other partial or complete digit amputation, and resection of vocal cords or folds, shall be prohibited unless they are performed upon medical indication, which may include prophylactic, diagnostic, and/or treatment reasons, with the sole purpose of , preserving, improving the health of dogs or cats or preventing injury. In such case, the procedure shall only be performed by a veterinarian under anaesthesia and prolonged analgesia.

2.Operators shall ensure that neutering is only performed under anesthesia and prolongued analgesia by a veterinarian.

3.The following handling practices that cause pain or suffering shall be prohibited:

(d)prolonged using 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, ears, skin or the hair.

1.All dogs and cats kept in establishments and all dogs and cats placed on the market shall be individually identified by means of a subcutaneous transponder containing a microchip, in accordance with Annex II. The implantation of the transponder shall be performed by a veterinarian or under the responsibility of a veterinarian. Where a veterinarian considers that the implantation of a microchip could significantly compromise the dog’s or cat’s health, he/she may delay the microchip implantation temporarily until the animal’s health concerns can be suitably addressed. In case a dog or a cat is experiencing significant adverse reactions after the implantation of the microchip, the veterinary shall take all the necessary actions to ensure the dog’s or cat’s health, including removal of the microchip.

2.Within two working days after their identification, in accordance with paragraph 1, the dogs and cats shall be registered by the veterinarian, in a national database referred to in Article 19. Member States may allow the registration by other persons than veterinarians, provided that they have measures in place to ensure the accuracy of information inserted in the database. For dogs and cats kept in establishments, the registration shall be made in the name of the operator of the establishment responsible for the dog or the cat. For natural persons placing a dog or a cat on the market, the registration shall be made in the name of that person. In case of transfer of ownership or responsibility, the natural or legal person placing, the dog or the cat on the market, shall ensure that any change of ownership or responsibility is recorded in the database referred to in Article 19, within two weeks from the date of change of ownership or responsibility, in accordance with the conditions laid down by the Member State responsible.

Before placing a dog or a cat on the market the operators or natural or legal persons placing the dog or cat on the market shall provide to the acquirer of the animal:

(a)proof of the identification and registration of dog or cat in compliance with paragraphs 1 and 2 and a weblink to the system referred to in paragraph 6;

Acquirers shall be able to verify the authenticity of the identification and registration of dogs or cats placed on the market through the system referred to in paragraph 7.

Providers of online platforms shall ensure that their online interface is designed and organised in such a way that facilitates the operators or other natural or legal persons placing dogs or cats on the market to comply with their obligations under paragraph 3, and Article 8 paragraph 2 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 dog or cat through a weblink to the system referred to in paragraph 6.

The natural or legal person placing dogs or cats on the market shall be the solely 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.

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6.The Commission shall ensure that an online system performing automated checks of the authenticity of the identification and registration of dogs or cats placed on the market, 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 following a public selection process, pursuant to the relevant provisions of Title VII of Regulation (EU, Euratom) 2018/1046. The system shall meet the following criteria:

The Commission shall adopt implementing acts laying down:

1.The competent authorities shall establish and maintain databases for dogs and cats identified and registered in accordance with Article 17 and Article 21(4)

2.Member States shall ensure that their databases as referred to in paragraph 1 comply with the requirements laid down by the implementing act referred to in point (b) of paragraph 3 to ensure their interoperability so that the identification of a dog or a cat can be authenticated and traced across the Union.

(b)the interoperability between Member States databases and the index database;

1.Dogs and cats may only be entered into the Union for placing on the market provided that the following conditions are met:

(a)they have been breed and kept in compliance with any of the following:

(ii)conditions recognised by the Union in accordance with Article 129 of Regulation (EU) 2017/625 to be equivalent to those set out by Chapter II of this Regulation; or

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

(b) they come from a third country or territory and an establishment listed in accordance with Articles 126 and 127 of Regulation (EU) 2017/625.

2.The official certificate referred to in Article 126(2)(c) of Regulation (EU) 2017/625 accompanying dogs and cats entering into the Union from third countries and territories to be placed on the Union market, shall contain an attestation certifying compliance with paragraph 1 of this Article.

3.Without prejudice to Article 10(1)(a) of Regulation (EU) No 576/2013 and Article 74(1) of Regulation (EU) 2020/69211 , dogs and cats entering into the Union to be placed on the Union market, shall be identified before their entry by a veterinarian with a microchip. compliant with Annex II . The importer shall ensure the registration of dogs and cats by a veterinarian into a national database, referred to in Article 19 within two working days after their entry into the Union. Member States may allow the registration by other persons than veterinarians, provided that they have measures in place to ensure the accuracy of information inserted in the database.

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11 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.

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), they shall be registered in the database of the Member State of entry by a veterinarian at the Union border. The registration shall be made in the name of the owner or person responsible for the animal and it shall record the establishment of origin listed in accordance with paragraph 2. Member States may allow the registration by persons other than veterinarians, provided that they have measures in place to ensure the accuracy of information inserted in the database.

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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 the European Food Safety Authority, and of social, economic, and environmental impacts, as regards:

(a)watering and feeding requirements and weaning process;

(c)lighting requirements;

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

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

2.The power to adopt delegated acts referred to in Article 6(2b), Article 6a(3) 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(2b), Article 6a(3) 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.

6.A delegated act adopted pursuant to Article 6(2b), Article 6a(3) 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.

1.This Regulation shall not prevent Member States from maintaining or adopting any stricter national rules aimed at a more extensive protection of the welfare of dogs and cats, and to their traceability, provided that those rules are not inconsistent with this Regulation and do not interfere with the proper functioning of the internal market. Member States shall inform the Commission about such national rules. The Commission shall bring them to the attention of the other Member States.

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4.Member States that have stricter national rules referred to in paragraph 1 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.

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. The monitoring report shall assess the effectiveness, efficiency, relevance, coherence, socio-economic impact and EU added value of this Regulation in achieving its objectives. In particular, the Commission shall assess:

2.By [12 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.

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

It shall apply from [2 years from the date of entry into force of this Regulation], except:

1.Feeding and watering

1.1.Dogs and cats shall be fed at least twice per day. Puppies and kittens shall be fed more frequently.

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1.2.Each puppy or kitten shall be fed with colostrum during at least the first two days of its life and thereafter with milk from its mother or a lactating bitch or queen. If this is not possible, because is ill or is otherwise unable to feed her offspring or not sufficient, the puppy or kitten shall be fed with a milk replacer designed for puppies and kittens with such feeding frequency as instructed by the producer of the replacer or by a veterinarian.

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1.4.All unweaned puppies and kittens shall be fed enough milk, milk replacer or a combination thereof to steadily gain bodyweight.

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2.2.1.Dogs and cats shall be exposed to light for at least 7 hours per day.

2.2.2.Artificial light shall be broad spectrum or full spectrum with a frequency of at least 80 Hertz.

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2.2.4.Dogs and cats shall have the possibility to be without artificial lights for at least 8 hours per day.

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.

3.2.Bitches shall only be bred from their second oestrus;

3.3.A bitch or queen shall not deliver more than 3 litters within a period of 2 years.

3.4.For bitches and queens that have delivered 3 litters, including stillborns within a period of 2 years, there shall be a recuperation period of at least 1 year.

(c)areas where cats and dogs are kept are equipped with enrichment structures and items accessible to all animals, providing a stimulating environment, and if possible, structures for climbing and hiding, and reducing frustration of animals;

Transponders used to individually identify dogs and cat as required in Article 17 and Article 21 shall meet the following requirements:

1.Number of dogs and cats registered per year as referred to in Article 17 and Article 21(4);

2.Number of breeding establishments approved per year as referred to in Article 7a.