Act No. 130 / 2006 Coll.
Act amending Act No. 154 / 2000 Coll., on Breeding, Breeding, Breeding and Registration of Animals and amending certain related laws (Breeding Act), as amended, and certain other laws
Valid
Effective from 14.04.2006
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130
THE LAW
of 14 March 2006
amending Act No 154 / 2000 Coll., on Breeding, Breeding, Breeding and Registration of Animals and amending certain related laws (Breeding Act), as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment of breeding law
Act No. 154 / 2000 Coll., on Breeding, Breeding and Registration of Livestock and on the Amendment of Certain Related Acts (Breeding Act), as amended by Act No. 309 / 2002 Coll., Act No. 162 / 2003 Coll., Act No. 282 / 2003 Coll. and Act No. 444 / 2005 Coll., is amended as follows:
1. Paragraph 1 (1), including footnotes 1 and 2, reads:
"(1) This Act incorporates the relevant provisions of the European Community1) and, following the directly applicable regulations of the European Community2), regulates:
(a) breeding and breeding of bovine, buffalo, horses, donkeys, pigs, sheep, goats, poultry, breeding fish and bees (hereinafter referred to as "listed livestock");
(b) the protection, preservation and use of animal genetic resources;
(c) the labelling of turnips, horses and donkeys and their cross-breeds, pigs, sheep, goats and runners (hereinafter referred to as "designated animals");
(d) the registration of designated animals, farmed game, poultry, bees, breeding fish and non-breeding fish listed in the Annex to this Act (hereinafter referred to as "registered animals"), the holding register and the register of persons provided for in this Act.
1) Council Directive 77 / 504 / EEC of 25 July 1977 on pure-bred breeding animals of the bovine species. Council Directive 79 / 268 / EEC of 5 March 1979 amending Directive 77 / 504 / EEC on pure-bred breeding animals of the bovine species. Council Directive 87 / 328 / EEC of 18 June 1987 on the admission of pure-bred breeding animals of the bovine species to breeding. Council Directive 88 / 661 / EEC of 19 December 1988 on zootechnical standards for breeding pigs. Council Directive 89 / 361 / EEC of 30 May 1989 on pure-bred breeding sheep and goats. Council Directive 89 / 608 / EEC of 21 November 1989 on mutual assistance between the administrative authorities of the Member States and their cooperation with the Commission to ensure the correct application of veterinary and zootechnical legislation. Council Directive 90 / 118 / EEC of 5 March 1990 on the admission of pure-bred breeding pigs to breeding. Council Directive 90 / 119 / EEC of 5 March 1990 on hybrid breeding pigs. Council Directive 90 / 425 / EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market. Council Directive 90 / 427 / EEC of 26 June 1990 on the zootechnical and genealogical conditions governing intra-Community trade in equidae. Council Directive 90 / 428 / EEC of 26 June 1990 on trade in equidae intended for competitions and the conditions for their participation in competitions. Council Directive 91 / 174 / EEC of 25 March 1991 on the zootechnical and genetic conditions governing the marketing of pure-bred animals and amending Directives 77 / 504 / EEC and 90 / 425 / EEC. Council Directive 92 / 102 / EEC of 27 November 1992 on the identification and registration of animals. Council Directive 93 / 53 / EEC of 24 June 1993 introducing minimum Community measures for the control of certain fish diseases. Council Directive 94 / 28 / EC of 23 June 1994 laying down the principles of zootechnical and genealogical conditions governing imports from third countries of animals, semen, ova and embryos and amending Directive 77 / 504 / EEC on pure-bred breeding animals of the bovine species. Commission Directive 2002 / 4 / EC of 30 January 2002 on the registration of establishments for laying hens provided for in Council Directive 1999 / 74 / EC. Council Directive 2005 / 24 / EC of 14 March 2005 amending Directive 87 / 328 / EEC as regards semen storage centres and the use of egg cells and embryos of pure-bred breeding animals of the bovine species.
2) Council Regulation (EEC) No 2782 / 1975 of 29 October 1975 on the production and placing on the market of eggs for hatching and chickens for breeding poultry, as amended. Council Regulation (EEC) No 1868 / 1977 of 29 July 1977 laying down detailed rules for the application of Council Regulation (EEC) No 2782 / 1975 on the production and placing on the market of hatching eggs and chicks of breeding poultry, as amended. Council Regulation No 96 / 463 / EC of 23 July 1996 setting out the reference centre responsible for cooperation in the application of uniform procedures and methods for testing and evaluating the results of pure-bred bovine animals (96 / 463 / EC). Commission Regulation (EC) No 494 / 1998 of 27 February 1998 adopting certain provisions for the implementation of Council Regulation (EC) No 820 / 1997 as regards the application of the lowest possible administrative penalties under the system for the identification and registration of bovine animals, as amended. Regulation (EC) No 1760 / 2000 of the European Parliament and of the Council of 17 July 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No 820 / 1997, as amended. Commission Regulation (EC) No 1082 / 2003 of 23 June 2003 laying down detailed rules for the application of Regulation (EC) No 1760 / 2000 of the European Parliament and of the Council as regards minimum controls under the system for the identification and registration of bovine animals, as amended. Council Regulation (EC) No 21 / 2004 of 17 December 2003 establishing the identification and registration of ovine and caprine animals and amending Regulation (EC) No 1782 / 2003 and Directive 92 / 102 / EEC and Directive 64 / 432 / EEC. Commission Regulation (EC) No 911 / 2004 of 29 April 2004 laying down rules for the implementation of Regulation (EC) No 1760 / 2000 of the European Parliament and of the Council concerning eartags, passports and business registers. Commission Decision of 27 April 1984 on criteria for the recognition of breeding organisations and associations which maintain or establish breeding books for pure-bred breeding animals of the bovine species (84 / 247 / EEC). Commission Decision of 19 July 1984 on criteria for the entry of bovine animals in breeding books (84 / 419 / EEC). Commission Decision of 11 March 1986 laying down methods of performance monitoring and methods for estimating the genetic value of bovine animals for pure-bred breeding animals (86 / 130 / EEC). Commission Decision of 18 July 1989 laying down the conditions for the inclusion (entry) in breeding books for pure-bred breeding pigs (89 / 502 / EEC). Commission Decision 89 / 503 / EEC of 18 July 1989 laying down the particulars of the certificates of breeding pure-bred pigs, semen, ova and embryos. Commission Decision of 18 July 1989 laying down the conditions for the recognition and control of associations of breeders, breeders' organisations and private undertakings which establish or maintain registers of hybrid pigs (89 / 504 / EEC). Commission Decision of 18 July 1989 laying down the conditions for entry in the register of hybrid pigs (89 / 505 / EEC). Commission Decision of 18 July 1989 laying down the formalities for the certification of hybrid breeding pigs, their semen, ova and embryos (89 / 506 / EEC). Commission Decision of 18 July 1989 laying down methods of monitoring and establishing the genetic value of pure-bred pigs and hybrid pigs (89 / 507 / EEC). Commission Decision of 27 July 1989 laying down the conditions for the approval and management of associations of breeders, breeders' organisations which establish or maintain breeding books for pure-bred breeding pigs (89 / 501 / EEC). Commission Decision of 10 May 1990 laying down criteria for the recognition of breeding organisations and associations which establish or maintain herd-books for pure-bred sheep and goats (90 / 254 / EEC). Commission Decision of 10 May 1990 laying down the criteria governing the entry in the herd book of pure-bred sheep and goats (90 / 255 / EEC). Commission Decision of 10 May 1990 laying down methods for monitoring and evaluating the genetic value of pure-bred sheep and goats (90 / 256 / EEC). Commission Decision of 10 May 1990 laying down criteria for the classification of pure-bred sheep and goats in breeding or the use of their semen, ova or embryos in breeding (90 / 257 / EEC). Commission Decision of 10 May 1990 laying down the particulars of the certificates of origin for pure-bred sheep and goats, their semen, ova and embryos (90 / 258 / EEC). Commission Decision of 26 March 1992 concentrating data on competitions for Equidae in accordance with Article 4 (2) of Directive 90 / 428 / EEC (92 / 216 / EEC). Commission Decision of 11 June 1992 laying down criteria for the approval or recognition of organisations and associations which maintain or establish breeding books for registered solipeds of the Equidae family (92 / 353 / EEC). Commission Decision of 11 June 1992 laying down certain rules for ensuring coordination between organisations and associations which maintain or establish breeding books for registered solipeds of the Equidae family (92 / 354 / EEC). Commission Decision of 21 April 1993 concerning the content of the code used in the ear tags of bovine animals (93 / 317 / EEC). Commission Decision of 20 October 1993 laying down the identification document (passport) accompanying registered equidae (93 / 623 / EEC). Commission Decision of 27 July 1994 amending Decision 86 / 130 / EEC laying down methods of performance monitoring and methods for estimating the genetic value of bovine animals for pure-bred breeding animals (94 / 515 / EC). Commission Decision of 10 January 1996 on criteria for the entry and registration of equidae in breeding books for breeding purposes (Text with EEA relevance) (96 / 78 / EC). Commission Decision of 12 January 1996 on zootechnical certificates for semen, oocytes and embryos originating from registered solipeds of the Equidae family (96 / 79 / EC). Commission Decision of 18 July 1996 determining pedigree and zootechnical requirements for the import of semen of certain animals (96 / 509 / EC). Commission Decision of 18 July 1996 laying down the form of certificates of origin and zootechnical certificates for imports of breeding animals, their semen, oocytes and embryos (96 / 510 / EC). Commission Decision of 22 December 1999 amending Commission Decision 93 / 623 / EEC and introducing the identification of equidae for breeding and production (2000 / 68 / EC). Commission Decision of 23 October 2000 laying down detailed rules for the registration of holdings in national pig databases pursuant to Council Directive 64 / 432 / EEC (notified under document number C (2000) 3075) (Text with EEA relevance) (2000 / 678 / EC). Commission Decision of 28 December 2001 laying down methods for the genetic identification of pure-bred breeding animals of the bovine species and amending Decisions 88 / 124 / EEC and 96 / 80 / EC (2002 / 8 / EC). Commission Decision of 16 February 2004 replacing some of the Annexes to Decision 96 / 510 / EC concerning zootechnical certificates for imported semen, ova and embryos of equidae (Text with EEA relevance) (2004 / 186 / EC). Commission Decision of 17 May 2005 on the certificate of origin of the animal and the particulars of origin of pure-bred breeding animals of the bovine species, their semen, ova and embryos (notified under document number C (2005) 1436) (Text with EEA relevance) (2005 / 379 / EC). '
footnote 1a shall be renumbered footnote 2a, including the footnote reference.
2. In Paragraph 1 (2), "also 'is deleted.
3. Paragraph 1 (3) reads as follows:
"(3) The purpose of this Act is to lay down the conditions and rules for the breeding and breeding of listed livestock, for the protection, conservation and use of genetic resources of animals, for the labelling of designated animals and for the registration of registered animals kept on the territory of the Czech Republic, so that this activity is, with the support of state resources, a tool for enhancing the populations of those animals and maintaining their genetic diversity. '
4. In Article 2 (a), the words "intended for reproduction 'and the words" and their direct progeny' are deleted.
5. The following shall be added at the end of point (d) of Section 2: "; for the purposes of the entry in the herd-book, the breeder shall be the person from whose breeding the animal originates'.
6. in Article 2, points (f) to (h) and (k) and (o) are deleted;
Points (i) and (j) shall be renumbered (f) and (g), points (l) to (n) shall be renumbered (h) to (j) and points (p) to (y) shall be renumbered (k) to (s).
7. in Article 2 (f):
"(f) the population of a set of individuals of the same species, the frequency of which allows targeted reproduction;"
8. in Article 2 (h), the words "except for the herd book of the old Kladubsk horse," shall be deleted;
9. in Article 2 (i):
"(i) a collection of breeding and organization measures by the breeding programme;"
10. in Article 2 (j), the word "Ministry" shall be replaced by "Ministry of Agriculture (" Ministry ")."
11. in Section 2, points (k) to (m), including footnote 5, read:
"(k) a breeding register for the special register of animals kept by a pig breeding establishment containing details of the identification and origin of the pigs,
(l) a semen collection centre or semen collection centre approved under special legislation (5);
(m) an embryo transfer centre operated by an embryo collection team or an embryo production team approved under a specific legislation (5);
5) Act No. 166 / 1999 Coll., on veterinary care and amending certain related laws (Veterinary Act), as amended. Decree No 380 / 2003 Coll., on animal health requirements governing trade in semen, ova and embryos and on animal health conditions governing their importation from third countries. '
12. in Article 2 (n), including footnotes 5a, 6, 6a and 6b:
"(n) a central register of a comprehensive database comprising data on the origin, sex, identification numbers, numbers, movements and changes of individuals, herds or flocks of individual species of registered animals, data on holdings, breeders, slaughterhouse operators, hatcheries with a single capacity of more than 1000 pieces of hatching eggs (hereinafter referred to as" hatcheries'), operators of assembly centres (5a), persons who, as entrepreneurs (4), purchase and sell, directly or indirectly, bovine animals, pigs, sheep and goats, have a regular turnover of those animals which are re-sold within 30 days, or moved from one premises to other premises or directly to slaughterhouses, and which are not owned by such premises or slaughterhouses, and which are approved and registery6) (hereinafter referred to as "traders" traders "),"), "as entrepreneurs" (4), ";
5a) § 9a of Act No. 166 / 1999 Coll., on Veterinary Care and on the amendment of certain related laws (Veterinary Act), as amended by Act No. 131 / 2003 Coll.
6) § 9b of Act No. 166 / 1999 Coll., as amended by Act No. 131 / 2003 Coll.
6a) § 15 of Act No. 246 / 1992 Coll., on the Protection of Animals against Abuse, as amended by Act No. 162 / 1993 Coll. and Act No. 77 / 2004 Coll.
6b) Paragraph 39 (6) of Act No. 166 / 1999 Coll., as amended by Act No. 320 / 2002 Coll. and Act No. 131 / 2003 Coll. '.
The references to footnotes 6 and 6a shall be referred to as footnotes 6a and 6b.
13. in Article 2 (o), the words "to carry out activities" shall be inserted after the words "to collect and process data in the central registration information system";
14. in Article 2 (q) and (r), including footnote 6c, the following shall be added:
"(q) stables, in the case of fish by means of equipment, and in the case of bees by post, any operation, construction or site, or their design and technology, within one holding on which registered animals of one species are kept or kept;
(r) a stables register for the registration of bovine, ovine and caprine animals kept in a stable; in the case of horses, donkeys and their cross-breeds, pigs, runners, poultry and farmed game, the stable register shall act as the register of animals on the holding, in the case of breeding fish shall act as the stables register and chamber book, and in the case of non-breeding fish referred to in the Annex to this Act, shall act as the stables register of the register according to specific legislation (c);
6c) Decree No. 197 / 2004 Coll., implementing Act No. 99 / 2004 Coll., on the Pond, the exercise of fishing law, the fishing guard, the conservation of marine fisheries resources and the amendment of certain laws (Law on Fisheries). '
15. In Article 2, the current text becomes paragraph 1 and the following paragraph 2 is added, including footnote 6d:
"(2) For the purposes of this Act:
(a) the genetic source of the animal, the individual, the semen, the egg, the embryo, or any other genetic material of an autochthon or locally adapted species, breed or population of the animal, located in the territory of the Czech Republic, relevant for nutrition and agriculture, to preserve the biological and genetic diversity of the world's natural heritage and to enable it to be used for the needs of current and future generations (6d), included in the National programme of conservation and use of genetic resources of animals of importance for nutrition and agriculture;
(b) a designated person, a contributory organisation set up by the Ministry for the Implementation of the National Programme, for the operation of the genobank and for the coordination of related measures, whose identification data are published in the Ministry of Agriculture Bulletin;
(c) a genoban set of equipment used for the preservation and use of genetic resources of animals operated by a designated person;
(d) a sample of the genetic source of the animal taken from the reproductive material of the animal, in particular semen, egg cells, embryos, or other tissues, allowing the transmission and regeneration of the genetic source of the animal while maintaining its genetic basis;
(e) by putting into circulation breeding animals, semen, embryos, egg cells, hatching eggs of poultry and breeding material of fish and bees, buying or selling them, offering them for sale and any other method of transfer for remuneration or free of charge to other persons.
6d) Communication from the Ministry of Foreign Affairs No. 134 / 1999 Coll., on the negotiation of the Convention on Biological Diversity. '.
16. in Article 3 (1) to (4):
"(1) The Ministry shall grant approval to carry out the professional activities referred to in Sections 7, 11 (4), 12 and 17 if the applicant fulfils the conditions laid down for the performance of such activities in those provisions. The model of the request for consent shall be determined by the Ministry by a decree.
(2) If the applicant fulfils the conditions laid down in paragraph 1, the Ministry shall decide on the granting of the consent no later than 60 days after the date on which the request for consent was received.
(3) By decision of the Ministry, the grant of consent shall be withdrawn if the beneficiary seriously infringes an important obligation laid down in this Act or in the directly applicable regulations of the European Communities (2) or if the fact applicable to the grant of consent changes. The Ministry may revoke the decision to grant consent if the beneficiary fails to comply with the obligation laid down in this Act or in the directly applicable provisions of the European Community2).
(4) The Ministry shall also withdraw the consent decision if the beneficiary so requests in writing. "
17. in Article 3, paragraphs 5 and 6 are deleted;
18. in Paragraph 4 (a) read:
"(a) in the establishment of breeding programmes for the achievement of breeding objectives,"
19. in Article 4 (i), "origin and performance" is replaced by "origin, performance and value."
20. In Paragraph 5 (1) of the Introductory Part of the provision, the word "association 3)" shall be replaced by the word "association 6e)," and after the words "his application" shall be inserted the words "or, if it is an old-fashioned Kladrub horse, the Ministry shall recognise the national stallion Kladruby nad Labem, p. (hereinafter referred to as" national stallion ") upon his request,"
footnote 6e:
"(e) Act No. 83 / 1990 Coll., on the association of citizens, as amended. '
21. in Article 5 (1) (c), the word "intensive" shall be deleted;
22. in Article 5 (1) (e), the words "or breeding register" and the words "order established" shall be replaced by the words "or breeding register referred to in Article 9 or 10."
23. in Article 5 (1) (f):
"(f) submit a proposal for a method of keeping records, keeping a herd book or breeding register and a proposal for an effective system for checking compliance with the obligations referred to in paragraphs 9 and 10;"
24. in Article 5 (1), the dot at the end of point (g) is replaced by a comma and the following points (h) and (i) are added:
"(h) it has in its statutes the principle of equal treatment of members;
(i) it shall be indicated in its statutes as the purpose of the association of the protection of the common interests of its members in the field of breeding and breeding of listed livestock and the protection of those interests. ";
25. in Paragraph 5 (1), the second sentence is replaced by the following: "The conditions for recognition referred to in points (h) and (i) shall not apply to the national stallion. The model of the application for recognition of the breeding association shall be laid down in the Order. ';
26. in Article 5, the following paragraph 2 is inserted after paragraph 1:
"(2) Where doubts arise as to whether the recognition of a breeding association may jeopardise the conservation of a breed or breeding programme of an already recognised breeding association, or where the breeding association submits an application for recognition for a new breed or for an emerging breed, the Ministry may request expert advice for its recognition decision. Where a breeding association requests recognition for a breed for which a herd-book is already kept abroad, the Ministry may, for its recognition decision, request the expression of the foreign breeding organisation which maintains the herd-book. ';
Paragraphs 2 to 6 shall become paragraphs 3 to 7.
27. in Article 5, at the end of paragraph 3, the words "otherwise the procedure for the recognition of a breeding association shall be terminated" shall be deleted.
28. in Article 5 (4), the words "also" shall be inserted after the words "keeping the breeding register"; the words "and the rules of the breeding register, the system of control of the keeping of the herd book or breeding register" shall be inserted after the words "keeping the breeding register"; and the words "Article 8, 11 and 13" shall be replaced by the words "Sections 8 and 11";
29th Paragraph 5 (5) reads:
"(5) The breeding programme shall contain a minimum range of characteristics and characteristics to be monitored for each breed of listed livestock, procedures for carrying out performance checks, performance tests, performance tests and assessments, a minimum range of characteristics and characteristics for which the breeding value, method and criteria for the evaluation and selection of breeding animals, breeding animals, flocks of poultry, breeding fish and bees, the content of the evidence of the outcome of the evaluation, selection of breeding animals or recognition of breeding animals are estimated, the extent of the detection of known hereditary defects and particularities. ';
30. In Article 5, the following paragraphs 6 and 7 are inserted after paragraph 5:
"(6) A change to the breeding objective, breeding programme and, where appropriate, to the rules of the herd-book shall be subject to a decision of recognition by the Ministry. Where there is a discrepancy between the current text of the breeding target, the breeding programme or the rules of the breeding book with the legislation or directly applicable European Community2), the Ministry shall invite the recognised breeding association to modify the breeding target, the breeding programme or the breeding book order. The recognised breeding association shall, within 60 days of the date of receipt of the invitation, submit to the Ministry a proposal to amend the breeding objective, breeding programme or breeding book order. If the recognised breeding association does not submit a proposal to amend the breeding objective, breeding programme or breeding book order in accordance with the third sentence, the decision to recognise the breeding association shall cease to be valid on the date on which the deadline for the submission of the application for the change of the breeding target, breeding programme or breeding book order expired in vain. An amendment to the decision to recognise a breeding association may be requested by a recognised breeding association for a reason other than that referred to in the third sentence. Paragraphs 1 to 3 shall apply mutatis mutandis to the procedure for amending the decision on the recognition of a breeding association.
(7) The recognised breeding association must:
(a) conduct their activities in accordance with their breeding objective and breeding programme, evaluate and implement the breeding programme and publish its results at least once a year, in paper form and, where appropriate, in a way that allows remote access;
(b) keep a herd-book in accordance with the rules of the herd-book and register the breeding animals referred to in Article 9 (3) or keep a herd-register in accordance with the rules of the breeding register and register flocks of poultry, breeding fish and bees in accordance with Article 10 (2);
(c) to check compliance with the rules of the herd book or herd register;
(d) issue, verify and check certificates of origin for breeding animals, for poultry and breeding fish, certificates of origin for the parent flock;
(e) to register and publish hereditary defects and peculiarities, in paper form and, where appropriate, in a way that allows remote access;
(f) ensure the evaluation of listed livestock and issue evidence of its outcome (Sections 8 (2) and 11 (4));
(g) provide the authorised person with information on breeding animals needed to collect and process data in the central registration information system. ";
Paragraphs 6 and 7 shall be renumbered paragraphs 8 and 9.
31st Paragraph 5 (8) reads as follows:
"(8) The Ministry shall revoke the recognition decision if the recognised breeding association seriously infringes an important obligation laid down in this Act or in the directly applicable rules of the European Community2) or if the fact applicable to its recognition changes. The Ministry may revoke the recognition decision if the recognised breeding association repeatedly violates in a less serious manner the obligation laid down in this Act or in the directly applicable rules of the European Community2. '
32. Paragraph 5 (9) reads:
"(9) The Ministry shall also revoke the recognition decision if the recognised breeding association so requests in writing. ';
33.
Pigs holdings
(1) The Ministry shall, upon request, recognise a legal person or a natural person who is an entrepreneur (4) as a pig breeding enterprise if:
(a) it proves that it has a person qualified in accordance with Paragraph 30 for his activity;
(b) prove that it has a sufficient number of animals to implement an effective breeding programme;
(c) submit a proposal for a breeding objective and a breeding programme to achieve it and how to evaluate its results in accordance with Sections 9 and 10;
(d) submit a draft order of the breeding register, the details of which shall be laid down by the Ministry by decree;
(e) submit a proposal for a system for the labelling of animals, a system for the registration of parents, a proposal for the keeping of a breeding register and an effective system for checking compliance with the obligations referred to in paragraphs 9 and 10.
(2) If the applicant fulfils the conditions laid down in this Act, the Ministry shall decide on the recognition of the person referred to in paragraph 1 as a pig breeding undertaking no later than 60 days after the date on which the application was received.
(3) The recognition of the Ministry shall also cover the breeding objective, the breeding programme, the keeping of the breeding register and the rules of the breeding register, the system of marking of animals, the system of registration of parents, the system of control of the breeding register management, the testing and assessment of pigs in own or contractual holdings and the pursuit of the professional activities referred to in Sections 8 and 11.
(4) The pig breeding undertaking is obliged to:
(a) conduct their activities in accordance with their breeding objective and breeding programme, evaluate and implement the breeding programme and publish its results at least once a year, in paper form and, where appropriate, in a way that allows remote access;
(b) keep a breeding register in accordance with the rules of the breeding register;
(c) to check compliance with the rules of the breeding register;
(d) issue, verify and check proof of origin;
(e) to process and publish breeding values, in paper form, in a way that allows remote access where appropriate;
(f) carry out an evaluation of the animals and issue evidence of their outcome (Section 8 (2));
(g) regularly test animals in testing facilities declared by the Ministry in the Ministry of Agriculture Bulletin, in which the Ministry also sets out the method of testing and the method of publication of test results, in paper form and, where appropriate, in a way that allows remote access;
(h) to provide the authorised person with information on the animals needed to collect and process data in the central registration information system.
(5) The amendment of the breeding objective, breeding programme and, where appropriate, the rules of the breeding register is subject to a decision of recognition by the Ministry. In the event of a discrepancy between the current text of the breeding target, the breeding programme or the rules of the breeding register with the legislation or directly applicable European Community2), the Ministry shall invite the pig breeding undertaking to modify the breeding target, the breeding programme or the breeding register. The pig breeding establishment shall submit to the Ministry within 60 days of the date of receipt of the request a proposal to amend the breeding target, breeding programme or breeding register. Where a breeding undertaking of pigs does not submit a proposal to amend the breeding target, breeding programme or breeding register in accordance with the third sentence, the decision to recognise the pig breeding undertaking shall cease to be valid on the date on which the deadline for the submission of the application for the change of the breeding target, breeding programme or breeding register expired in vain. A decision to recognise a pig breeding undertaking may be amended for a reason other than that referred to in the third sentence. Paragraphs 1 to 3 shall apply mutatis mutandis to the procedure for amending the decision on the recognition of a pig breeding undertaking.
(6) The Ministry shall, by decision, withdraw the recognition of a person referred to in paragraph 1 as a pig breeding establishment if he or she seriously infringes an important obligation laid down in this Act or in the directly applicable rules of the European Communities (2) or if the matter applicable to the recognition is changed. The Ministry may withdraw the recognition of a person referred to in paragraph 1 as a pig breeding establishment if that person repeatedly violates in a less serious manner the obligation laid down in this Act or in the directly applicable provisions of the European Community2).
(7) The Ministry shall also withdraw the recognition of the person referred to in paragraph 1 as a pig breeding establishment if that person so requests in writing.
(8) The provisions of this section apply to domestic and foreign breeding programmes carried out in the Czech Republic.
(9) The decree shall set out the model of the application for recognition of the person referred to in paragraph 1 as a pig breeding establishment and the technical details concerning the content of the breeding register. ';
Article 34 (7), including the title:
Performance check, performance tests, performance tests and assessment of listed livestock
(1) Performance checks, performance tests, performance tests and assessments (hereinafter referred to as "testing and assessment") shall be carried out in accordance with the procedures laid down in breeding programmes in a uniform manner within the breed or type of listed livestock, in accordance with European Communities1), 2) or in accordance with internationally accepted procedures, provided that there is no European Community rules for testing and assessment.
(2) Testing and assessment shall be provided by authorised persons in breeding or testing facilities, provided that they are provided by persons who are competent under Paragraph 30 and technical equipment to the extent provided for by the Decree.
(3) Authorised persons shall:
(a) to carry out the testing and assessment of listed livestock where the breeder so requests and establishes the conditions referred to in paragraph 5 (a);
(b) comply with the testing and assessment procedures laid down in the breeding programme;
(c) establish the origin, characteristics and characteristics of the listed livestock;
(d) to register data on the origin, performance and reproduction of animals to the extent laid down by the decree and to transmit them to the person responsible in the manner laid down by the decree;
(e) provide advice within the scope of the activity defined by the decision granting consent (§ 3);
(f) in the event of cessation of activity, to transmit all the information and supporting documents to the person who takes over the activity and, where appropriate, to the breeder and to record such transmission.
(4) Health checks and checks on the inheritance of the health of listed livestock are carried out by veterinary authorities under specific legislations6).
(5) Breeders whose breeding is subject to testing and assessment are required to:
(a) to create the conditions necessary for the identification of the data needed for testing and assessment;
(b) enable in their breeding, testing and testing of breeding animals by checking the inheritance of the characteristics and health observed to the extent and in accordance with the rules agreed with the authorised persons referred to in paragraph 2, the presentation and assessment of the external characteristics of the listed livestock;
(c) to provide the person referred to in paragraph 2 with breeding animals, their male and female offspring, hatching eggs and day-old poultry for poultry, their breeding material for breeding fish, for bees of the mother, selected by that person for joint control or for testing and assessment;
(d) allow verification of the origin or determination of the genetic type in accordance with Section 12.
(6) Where testing and assessment of horses is carried out, there shall be no discrimination against horses registered in other Member States of the European Union or originating in other Member States of the European Union, in particular where the criteria for applying for competitions, testing and assessment of horses during competitions, cash winnings or other profits that may result from competitions are concerned. This provision shall not apply to competitions organised for testing and assessing the characteristics of horses entered in a breeding book, for regional breeding competitions or for competitions of a traditional or historical nature. The share of cash winnings or other profits resulting from competitions intended to maintain, develop or improve horse breeding shall not exceed 20%. The lists of competitions organised for the testing and assessment of the characteristics of horses entered in a breeding book, for regional breeding competitions or for competitions of a traditional or historical nature which discriminate against horses registered in other Member States of the European Union or originating in other Member States of the European Union shall be transmitted by the recognised breeders' associations and authorised persons to the person concerned within the time limit laid down by the Decree.
(7) The processing and publication of the results of the testing and assessment and their records are carried out by the authorised person in cooperation with the relevant recognised breeding association. The results of the testing and assessment shall be published in paper form and, where appropriate, in a way that allows long-distance transmission at least once a year, and shall be recorded in paper form and, where appropriate, on technical data media.
(8) The recognised breeding association shall take over the results of testing and assessment carried out abroad as equivalent to the results of testing and assessment carried out in the Czech Republic where testing and assessment carried out abroad has been carried out in accordance with European Community rules.
(9) The Decree provides:
(a) the technical equipment necessary for testing and assessment and for the detection of data related thereto;
(b) the requirements for the content of the records kept by authorised persons and the manner in which such records are to be transmitted to the authorised person;
(c) the dates for the transmission of the lists of competitions referred to in paragraph 6;
(d) details of the processing, publication and registration of the results of the testing and assessment. ';
35. Paragraph 8, including the title, reads:
Evaluation and qualified estimation of breeding values of breeding animals
(1) The evaluation of breeding animals shall be carried out on the basis of data established in accordance with Article 7.
(2) Evaluation of breeding animals is ensured and the results of the evaluation are provided with evidence
(a) recognised breeding associations
1. in the case of breeders in their selection for breeding and in the case of breeding animals for the determination of breeding value,
2. in the case of horses in performance tests according to breeding programmes of individual breeds of horses,
(b) persons authorised to test and assess horses in performance tests according to breeding programmes of individual breeds of horses;
(c) pig holdings
1. in the case of breeders in their selection for breeding and in the case of breeding animals for the purpose of establishing the breeding value in their own or contractual holdings;
2. the recognition of breeding holdings which reproduce and exploit their breeding and breeding populations;
(d) an authorised person in the selection of breeding animals of few or imported breeds for which a breeding book is not kept in the Czech Republic.
(3) A qualified estimate of the breeding values of breeding animals shall be made on the basis of the data established in accordance with Article 7 and on the basis of the results of the evaluation of breeding animals referred to in paragraph 2.
(4) A qualified estimate of the breeding values of breeding animals and their publication must comply with the provisions of the European Community (1), (2) or in accordance with internationally accepted procedures, provided that there is no European Community rules for the qualified estimation of breeding values and their publication. A qualified estimate of the breeding values obtained on the basis of the results of the national testing and assessment, their processing and publication shall be provided by the authorised person and transmitted to the competent recognised breeding association. The method and procedure for the qualified estimation of breeding values and its publication shall be discussed and defined in cooperation with the relevant recognised breeding association responsible for the breeding objective and breeding programme. ';
36. in Paragraph 9 (1), the word "separate" is replaced by the word "only."
37. in Article 9 (2) and (3):
"(2) Breeding books shall be kept by recognised breeding associations according to the rules of the breeding books.
(3) Breeding books shall be entered in:
(a) the animals and their progeny, including the progeny after the transfer of the embryos, if they fulfil the conditions for entry in the herd-book provided for in the order of the herd-book in the Czech Republic;
(b) breeding animals and data on the gifts of semen, ova, embryos or other genetic material from other Member States of the European Union, provided that they comply with the conditions laid down in European Community1), 2);
(c) breeding animals and data relating to the gifts of semen, ova, embryos or other genetic material from third countries, on production of a certificate of origin certifying that they are entered or registered in a herd book of that third country, provided that they comply with the conditions laid down in European Community1), 2), or on production of evidence that they are entered or registered in a breeding book of one of the other Member States of the European Union, or that they are fit to be entered or registered in a herd book of another Member State of the European Union;
(d) data on registered animals, their origin and performance and on their breeders. "
38. Paragraph 9 (4) is deleted.
Paragraph 5 shall become paragraph 4.
39. in Paragraph 9 (4), the word "further" shall be deleted;
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Regulation Information
| Citation | Act No. 130 / 2006 Coll., amending Act No. 154 / 2000 Coll., on the Breeding, Breeding and Registration of Animals and on the Amendment of Certain Related Laws (Breeding Act), as amended, and certain other Laws |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.04.2006 |
|---|---|
| Effective from | 14.04.2006 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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