breeding at eu level
What legislation exists for breeding of companion animals in the EU?
The Animal Health Law made it mandatory for all establishments within the EU involved in breeding and keeping animals to register with the competent authority.
According to the Animal Health Law (Regulation (EU) 2016/429), operators must inform the competent authority of their activity (Art. 84) and provide the following information necessary for registration: name, address, location, type, capacity of the establishment, description of facilities, categories, species, numbers of animals which they intend to keep, aspects relevant to determining the risk posed by the establishment, changes in and cessation of activity.
Member States can still allow derogations from the registration obligation for establishments (Art.85). Despite the intention of both the European Commission and the European Parliament to make registration mandatory for all establishments, this article was added to potentially exempt small-scale breeders/sellers. Yet, as reiterated in the Commission Implementing Regulation (EU) 2022/1345, establishments that keep cats and dogs cannot be excluded from the registration obligation.
The authorities in Member States are further mandated to create and upkeep a register of all registered establishments (Art. 10, 93). This register must be made available to the authorities of other Member States and the Commission, similarly to the lists of approved establishments, which will be also publicly available.
The Commission’ Delegated Regulation (EU) 2019/2035 supplementing the Animal Health Law further defines in Article 18 what type of information needs to be included in these national registers: assigned unique registration number, date of registration, name, address of operator, address, type, description of establishment, species, categories, number of animals, occupation time, restrictions imposed on movements of animals to and from the establishment by the competent authority, health status of the establishment, date of cessation of activity.
In addition to legislation aimed at breeders, there is legislation for assembly centres that collect animals from various breeders with the aim to export them, as well as shelters that send animals abroad. The Commission’s Delegated Regulation (EU) 2019/2035 (Recital 14) reads: “An increasing number of dogs, cats and ferrets originating from different establishments or former stray, feral, lost, abandoned or confiscated dogs, cats and ferrets are assembled on establishments for the purpose of grouping them into a consignment before they are moved to another Member State. (…) this Regulation should provide for those establishments to apply to the competent authority for approval and also lay down requirements for granting such approval.”
It is specified that both assembly centres and shelters from which animals are moved to another Member State should apply for approval to the competent authority (Art. 9) and abide by requirements set by the Animal Health Law with respect to quarantine, isolation, biosecurity, surveillance, facilities, equipment, record-keeping, personnel etc. (see Animal Health Law Articles 97&99). The requirements can be verified trough on-site visits by competent authorities.
The Animal Health Law (articles 97, 99 and 101) states that competent authorities in member states need to create and upkeep registries of assembly centres and shelters and these need to be made available to the authorities of other Member States, the Commission, as well as to the public. The Delegated Regulation describes what type of information these national registers need to collect: unique approval number, date of approval, name, address of operator, type, description, health status of establishment, species, categories, number of animals, occupation time, date of cessation of activity, restrictions imposed on movements of animals to and from the establishment by the competent authority (Art.21).
Further, the Delegated Regulation’s Annex I describes in its part 5 the requirements in relation to isolation and other biosecurity measures of assembly centres and animal shelters for dogs, cats and ferrets. These only apply to shelters from which animals are to be moved to another Member State.
EU legislation also establishes a record-keeping obligation (paper or electronically) for breeders and sellers, as well as for assembly centres and animal shelters:
Registered breeders and sellers need to keep record of species, categories, number of animals, identification “where applicable” (breeders who do not export are not required to keep ID details for individual animals), registration/approval number of establishment of origin/destination, date of movement, accompanying documents, type of production, type and size of establishment, mortality, biosecurity, surveillance measures, treatments, test results, health visits, date of birth/death according to Animal Health Law (Art. 102) and Delegated Regulation (Art. 22&26).
Approved exporting assembly centres need to keep record of species, categories, number of animals, identification, registration/approval number of establishment of origin/destination, date of movement, accompanying documents, type of production, type and size of establishment, mortality, biosecurity, surveillance measures, treatments, test results, health visits, license plate/registration number of the loading/unloading vehicle, registration number of transporter according to Animal Health Law (Art. 102&105) and Delegated Regulation (Art. 22,26&37).
Approved exporting shelters need to keep record of species, categories, number of animals, identification, registration/approval number of establishment of origin/destination, date of movement, accompanying documents, type of production, type and size of establishment, mortality, biosecurity, surveillance measures, treatments, test results, health visits, date of birth/death, age, sex, breed, colour, date of application/reading of transponder, observations during isolation period according to Animal Health Law (Art. 102) and Delegated Regulation (Art. 22,26&29).