Answer given by Mr Borg on behalf of the Commission
9.12.2013
The Commission is aware of the Danish legislation on dangerous dogs. This question is not under EU competences and therefore remains under the sole competence of the Member States as far as national provisions are in compliance with the Treaties.
Denmark had notified the draft law to the Commission in accordance with Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations[1], and adapted the text in order to take into account Commission comments on those aspects of the draft law that had the potential to compromise free movement of EU citizens with their pet dogs.
Regulation (EC) No 998/2003 of the European Parliament and of the Council on the animal health requirements applicable to the non-commercial movement of pet animals[2] does not affect provisions on considerations other than those relating to animal health requirements, including national legislation on dangerous dogs.
Council Directive 91/174/EEC[3] requires Member States to ensure that the marketing of pure-bred animals is not prohibited, restricted or impeded on zootechnical or pedigree grounds. The transposition into Danish law[4] requires breeding organisations to lay down non-discriminatory rules in relation to animals originating in other Member States. Denmark has not notified the approval of any breeding organisation for dogs.
- [1] OJ L 204, 21.7.1998, p. 37.
- [2] OJ L 146, 13.6.2003, p. 1.
- [3] OJ L 85, 5.4.1991, p. 37.
- [4] Bekendtgørelse nr. 716 of 8.9.1993; Lovtidende A of 8.9.1993, p. 3988. Available at: https://www.retsinformation.dk/Forms/R0710.aspx?id=78048
OJ C 208, 03/07/2014