Act of the Czech National Council No. 108 / 1987 Coll.
Act of the Czech National Council on the jurisdiction of veterinary authorities of the Czech Republic
Valid
Effective from 01.01.1988
108
THE LAW
Czech National Council
of 22 December 1987
on the competence of veterinary authorities of the Czech Republic
The Czech National Council decided on this law:
Veterinary services
(1) The veterinary authorities of the Czech Republic are:
(a) Ministry of Agriculture of the Czech Republic (hereinafter referred to as "Ministry"),
(b) municipalities and district authorities;
(c) health committees;
(d) the veterinary authorities.
(2) The veterinary authorities of the Czech Republic are responsible for the administration of the veterinary care sector under this Act, under the Veterinary Care Act (1) and the rules issued under it or under other generally binding legislation1a).
(3) Veterinary care authorities shall ensure that their tasks are carried out in order to create conditions for the protection and consolidation of animal health and for the protection of the health and biological value of foodstuffs of animal origin.
Ministry
(1) Ministry as central authority of state administration on veterinary care
(a) establish the main tasks of veterinary care and scientific and technological development on this section and organise, manage and control their implementation;
(b) manage the performance of the public administration in the veterinary care sector;
(c) manage the veterinary authorities;
(d) manage specialist training of veterinary surgeons and other forms of continuing training of veterinary staff;
(e) cooperate with the other central authorities involved in the performance of veterinary care tasks.
(2) The Ministry provides for a generally binding legislation in which professional veterinary activities are carried out free of charge.
Municipality and district authorities
The municipalities, in agreement with the competent authority of the veterinary administration, determine the places for the markets for the sale of food and raw materials of animal origin (hereinafter referred to as "animal products'), the places of exhibition, markets, shows or competitions of animals, and, where appropriate, animal setups for other purposes (hereinafter referred to as" animal setups'), and permit the performance of such places.
Regional authorities
(a) issue generally binding regulations on regulations and the termination of emergency veterinary measures under the Veterinary Care Act ("the Emergency Veterinary Measures"), provided that they do not concern and supervise the implementation of an individual organisation or citizen;
(b) decide on the granting of aid and refunds to cover or mitigate damage, where appropriate, the costs of implementing protective and control measures, as well as the damage caused by the death of animals as a result of a disease or other animal mass disease;
Disease Commission
(1) For the purpose of carrying out the tasks related to the protection against diseases and other mass diseases of animals, the Head of the District Office shall establish a health commission. (4)
(2) On behalf of the Chairman of the Commission for Disease, the Head of the District Office shall appoint a member of the District Office, a secretary of the competent veterinary authority; The other members of the Commission shall be appointed from among the staff of the bodies and organisations responsible for implementing measures to combat and prevent the spread of diseases and other animal mass diseases.
(3) Disease Commission
(a) discuss, coordinate and monitor the performance of tasks in the area of protection against diseases and other animal diseases in the territorial district of its district office, discuss and coordinate proposals for measures to develop veterinary care;
(b) submit to the district office proposals for regulations and the termination of emergency veterinary measures;
(c) manage the implementation of emergency veterinary measures in the territory of its district office;
(d) approve contingency plans for protective and control measures in the event of very dangerous animal diseases and recovery plans for the control of specified dangerous diseases, economically significant other mass diseases and animal reproduction disorders. 5)
Central Commission for Disease
(1) The Central Commission for Disease coordinates the performance of the tasks of central government authorities in the area of protection against diseases and other animal diseases. Where a disease or other animal mass disease is present which could endanger animal health in several regions, the Central Commission for Disease shall direct or order the adoption and implementation of emergency veterinary measures.
(2) The central health committee is established by the Government of the Czech Republic. The President of the Central Commission for Disease is the Minister of Agriculture of the Czech Republic (hereinafter referred to as the Minister).
Veterinary authorities
(1) The veterinary authorities are:
(a) the State Veterinary Administration of the Czech Republic (the State Veterinary Administration),
(b) district veterinary administrations for the regional districts of the county authorities;
(c) the municipal veterinary administration for the territory of the capital of Prague and the municipal veterinary administration for the territorial districts of the statutory cities (hereinafter referred to as the "urban veterinary administration"),
(d) the Institute for State Control of Veterinary Bioprafts and Drugs (hereinafter referred to as the Institute), whose status and scope are governed by a special law. 13a)
(2) The Ministry may provide for a different territorial scope for district or urban veterinary administrations by means of generally binding legislation.
(3) The State Veterinary Administration, Regional and Urban Veterinary Administrations are the State Administration.
(4) The State Veterinary Administration is subordinate to the Ministry. It shall be headed by a central director appointed and dismissed by the Minister; Regional and municipal veterinary administrations and the Institute shall be headed by directors appointed and withdrawn by the Central Director.
(5) The State Veterinary Administration, the District Veterinary Administration, the City Veterinary Administration and the Institute are budgetary organisations.
(1) Regional or municipal veterinary administration
(a) carry out veterinary surveillance in accordance with the Veterinary Care Act (6) and the Specific Laws (1a), issue binding guidelines to address and monitor the implementation of the deficiencies identified and their causes;
(b) decide on the regulations and the termination of the emergency veterinary measures imposing obligations on an individual organisation or citizen, and supervise their implementation;
(c) monitor the occurrence of synanthropic and wild animals and take measures to protect human health, in particular against diseases and to protect the environment;
(d) notify, on the basis of the results of the preliminary examination of the animals, the presence of a very dangerous or dangerous animal disease to the national veterinary authority, the competent district authority and the competent police department, the presence of a disease communicable from animals to humans to the county hygienist, and take the measures necessary to control and prevent the spread of the animal disease;
(e) issue binding opinions, which must be requested under the Veterinary Care Act in territorial, building and housekeeping proceedings and on proposals for corporate technical standards, 7)
(f) by issuing a health certificate, authorise movements of breeding and breeding animals other than dogs, cats and small animals, with the exception of hives and all animals for the duration of the emergency veterinary measures ordered. In other cases, the animals shall be moved on the basis of a health certificate and the animal health status of the animals, issued by a veterinarian authorised to carry out veterinary activities under this law,
(g) issue health certificates for the transport of animal products;
(h) carry out veterinary checks and issue veterinary certificates in accordance with the Veterinary Care Act on the import, transit and export of animals, animal products and feedingstuffs, as well as articles which may bear disease agents, 8)
(i) determine the animal health conditions under which the removal of animals may be authorised;
(j) carry out inspections of animals for slaughter and meat and veterinary checks on other animal products and decide on their applicability; (9) carry out inspections of animals for slaughter and meat and the veterinary examination of other animal products may entitle a competent veterinarian, 17) who is authorised to carry out veterinary activities under this law;
(k) determine the conditions for use of feedingstuffs in the cases laid down by the Veterinary Care Act (10);
(l) issue guidelines to legal and natural persons who maintain animals for the development of contingency plans for protective and control measures in the event of very dangerous animal diseases and for the processing of recovery plans for the control of specified dangerous diseases and other mass diseases;
(m) issue to legal and natural persons who produce, process, process, store or transport animal products, guidance on the development of contingency plans for veterinary hygiene measures in the event of very dangerous animal diseases and on the development of hygiene and sanitary programmes;
(n) authorise legal and natural persons to carry out professional veterinary activities under the Veterinary Care Act; before issuing an authorisation to a natural person, request the opinion of the relevant state organisation, if established;
(o) issue permits to legal and natural persons to use and dispose of waste of animal origin under the Veterinary Care Act;
(p) discuss offences in the veterinary care sector and impose fines on legal and natural persons under the Veterinary Care Act;
(r) issue certificates of compliance for the production, processing, treatment, storage and transport of animal products under the Veterinary Care Act;
(s) agree to initiate a clinical trial of veterinary medicinal products.
(2) Where there is a risk of delay, the district or municipal veterinary administration shall also order such exceptional veterinary measures as are otherwise decided by the district authorities. It shall immediately inform the competent district authority of such measures, which shall confirm them, amend or revoke them, where appropriate.
(3) Regional and urban veterinary administrations only carry out professional veterinary activities for the purpose of the exercise of public administration.
(1) The district or municipal veterinary administration responsible for the place of residence of a natural person or the registered office of a legal person shall grant authorisation to carry out the professional veterinary activities referred to in Article 9 (1). (n) the law and determine its scope and, where appropriate, territorial scope if:
(a) professional veterinary activities shall be carried out by a person who is competent;
(b) the establishments, apparatus, anticancer and other sanitary measures correspond to the scope of the professional veterinary activities to be authorised.
(2) An application for authorisation shall include the name and surname, place of business and residence, if the person is the natural or legal person or the registered office and the designation of the legal form of business, if the person is the legal person.
(3) The authorisation may be granted by the veterinary authority competent under Article 9 (1). (n) to amend or withdraw this Act where the conditions under which it was granted have changed or ceased to exist.
State Veterinary Administration
(a) manage the district and urban veterinary administrations;
(b) determine the necessary extent of professional activities carried out by specialised organisations of the State Veterinary Service (Section 11), regulate and unify their implementation in accordance with the latest knowledge of science and technology and monitor their implementation;
(c) carry out veterinary supervision in accordance with the Veterinary Care Act (6) and the Specific Regulations (1a), in cases where it reserves the right to do so, issue binding instructions to address the deficiencies identified and their causes and check their fulfilment;
(d) issue veterinary authorisations for the import, transit and export of animals, animal products and feed, as well as articles which may bear disease agents;
(e) issue binding opinions requested under the Veterinary Care Act, (7) where their issue is not for district or municipal veterinary administrations; may reserve the issue of binding opinions in cases which otherwise fall within the competence of district or urban veterinary administrations,
(f) determine the animal health conditions under which the removal of the animals may be authorised, where the determination of such conditions is not for the county or urban veterinary administration;
(g) submit proposals for recovery programmes to the Ministry for the control of specified hazardous diseases and other mass diseases;
(h) give consent to the verification, production, import and putting into circulation of feedingstuffs not yet used in terms of their health;
Specialised organisation of the State Veterinary Service
The Minister shall set up specialised organisations for the provision of specific veterinary activities and services, in particular for carrying out veterinary laboratory and clinical diagnostics, veterinary medical or rendering activities, and, where appropriate, for the supply of such medicinal products and preparations, as well as organisations intended for specialised preparation of veterinary surgeons and other forms of further training of veterinary staff.
Transfers
(1) A transfer to the veterinary care section shall be made by the person who:
(a) make it difficult or impede the exercise of veterinary supervision or fails to carry out binding instructions by the veterinary authorities within a specified period to remedy the deficiencies identified;
(b) infringes the obligation laid down by the Veterinary Care Act (1) and the provisions issued pursuant to it or other generally binding legislation governing the veterinary care obligations to protect animal health, to prevent and control diseases and other animal diseases, to ensure the health of animal products, feedingstuffs or to import, transit and export animals, animal products and feedingstuffs, as well as articles which may bear disease agents;
(c) infringes the obligation arising from exceptional veterinary measures.
(2) Paragraph 1 shall not apply to infringements of obligations laid down by a special law. (1a)
(3) The offence referred to in paragraph 1 (a) and (b) may be punishable by a fine of up to 5000 Ccs and an offence referred to in paragraph 1 (c), and by a fine of up to 10 000 Ccs.
(3) The offence referred to in paragraph 1 (a) or (b) has been committed again, committed by a citizen who has been fined in the last year for the conduct referred to in paragraph 1 (a) or (b) by a final decision on the offence.
The staff of the veterinary authority responsible for carrying out supervision may impose and collect fines in block proceedings for offences in the veterinary care sector which they have found in the performance of their tasks. 15)
Unless otherwise provided for in this law, general rules shall apply to infringements and their conduct. 16)
Common and final provisions
The veterinary authorities shall cooperate with the health services authorities, in particular providing information on the occurrence of diseases communicable from animals to humans and vice versa, on the protection against them and on the protection of the health of animal products, or on other matters relevant to human health care and the creation of healthy living conditions.
(1) The veterinary authorities of the Czech Republic cooperate with the veterinary authorities of the Slovak Republic, in particular in the adoption and implementation of essential measures to prevent and present very dangerous and dangerous diseases and other mass diseases of animals, to ensure the health of animal products and feed and to protect the national territory.
(2) The binding opinions and veterinary certificates issued by the veterinary authorities of the Slovak Republic under their responsibility are also valid in the Czech Republic.
The proceeds of fines imposed under the Veterinary Care Act are the income of the state budget of the Czech Republic.
General rules on administrative procedures apply to decisions of veterinary authorities of the Czech Socialist Republic only if
(a) the granting of aid and compensation to cover or mitigate damage, where appropriate the costs of implementing protective and control measures, as well as the damage caused by the death of animals as a result of a disease or other animal mass disease;
(b) issuing binding guidelines to address identified deficiencies and their causes;
(c) issuing binding opinions which are separate administrative decisions under the Veterinary Care Act, 12)
(d) imposing fines on organisations;
(e) dealing with offences;
(f) the issue, modification or withdrawal of authorisations to legal and natural persons for professional veterinary activities under the Veterinary Care Act;
(g) issuing, amending or withdrawing authorisations for legal and natural persons to use and dispose of waste of animal origin under the Veterinary Care Act;
(h) the issuing of permits for exhibitions, markets, shows and competitions of animals and animal setups (§ 3).
This Law shall take effect on 1 January 1988.
Kemp v. r.
Adamec v. r.
1) Act No. 87 / 1987 Coll., on Veterinary Care.
1a) Act No. 110 / 1997 Coll., on Food and Tobacco Products and amending and supplementing certain related laws.
2) § 23 of Act No. 87 / 1987 Coll.
4) Paragraph 9 (2) of the ČNR Act No. 425 / 1990 Coll., on the District Offices, the modification of their scope and certain other measures related thereto.
5) § 33 of Act No. 87 / 1987 Coll.
6) § 22 of Act No. 87 / 1987 Coll.
7) § 24 of Act No. 87 / 1987 Coll.
8) § 16 of Act No. 87 / 1987 Coll.
9) Sections 10 and 11 of Act No. 87 / 1987 Coll.
10) Paragraph 15 (2) of Act No. 87 / 1987 Coll.
12) § 24 paragraph 2 of Act No. 87 / 1987 Coll.
13a) Sections 13 and 69 of Act No. 79 / 1997 Coll., on Medicines, and on the amendments and additions to certain related laws.
14) Article 25 of Act No. 87 / 1987 Coll., on Veterinary Care, as amended by Act No. 239 / 1991 Coll.
15) § 84 of the ČNR Act No. 200 / 1990 Coll., on Infringements.
16) Act No. 200 / 1990 Coll. Act No. 71 / 1976 Coll., on Administrative Procedure (Administrative Regulations).
17) Paragraph 25 (1) of Act No. 87 / 1987 Coll.
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Regulation Information
| Citation | Act of the Czech National Council No. 108 / 1987 Coll., on the jurisdiction of veterinary authorities of the Czech Republic |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.12.1987 |
|---|---|
| Effective from | 01.01.1988 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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