Decree No. 130 / 2023 Coll.
Decree amending Decree No. 136 / 2004 Coll., laying down the details of the marking of animals and their registration and registration of holdings and persons provided for by the Breeding Act, as amended
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130
DECLARATION
of 9 May 2023
amending Decree No. 136 / 2004 Coll., laying down details of the marking of animals and their registration and registration of holdings and persons provided for by the Breeding Act, as amended
The Ministry of Agriculture shall determine, pursuant to Article 33 of Act No. 154 / 2000 Coll., on the breeding, breeding and registration of livestock and on the amendment of certain related laws (Breeding Act), as amended by Act No. 282 / 2003 Coll., Act No. 130 / 2006 Coll., Act No. 60 / 2017 Coll., Act No. 3 / 2019 Coll. and Act No. 246 / 2022 Coll., ("the Act ') for the implementation of § 22 (12), § 23 (5), § 23a (4), § 23b (8), § 23c (4) and § 24 (12) Act:
Decree No. 136 / 2004 Coll., laying down details of the marking of animals and their registration and registration of holdings and persons provided for by the Breeding Act, as amended by Decree No. 199 / 2007 Coll., Decree No. 213 / 2009 Coll., Decree No. 202 / 2010 Coll., Decree No. 64 / 2013 Coll., Decree No. 5 / 2016 Coll., Decree No. 449 / 2017 Coll. and Decree No. 174 / 2019 Coll., are amended as follows:
1. footnotes 26 and 27 are as follows:
"(26) 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. Commission Directive 2006 / 83 / EC of 23 October 2006 adapting Directive 2002 / 4 / EC on the registration of establishments for laying hens provided for in Council Directive 1999 / 74 / EC by reason of the accession of Bulgaria and Romania. Council Directive 2007 / 43 / EC of 28 June 2007 on minimum rules for the protection of chickens kept for meat production, as amended by Regulation (EU) 2017 / 625 of the European Parliament and of the Council.
27) 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 / 97, as amended. Regulation (EU) 2016 / 429 of the European Parliament and of the Council of 9 March 2016 on animal diseases and amending and repealing certain acts in the field of animal health (the "Animal Health Legal Framework '), as amended. Commission Delegated Regulation (EU) 2019 / 2035 of 28 June 2019 supplementing Regulation (EU) 2016 / 429 of the European Parliament and of the Council with regard to the rules on establishments where terrestrial animals are kept and the hatchery and traceability of certain kept terrestrial animals and hatching eggs, as amended. Commission Implementing Regulation (EU) 2016 / 520 of 24 March 2021 laying down rules for the application of Regulation (EU) 2016 / 429 of the European Parliament and of the Council as regards the traceability of certain farmed terrestrial animals, as amended. Commission Implementing Regulation (EU) 2016 / 963 of 10 June 2021 laying down detailed rules for the application of Regulations (EU) 2016 / 429, (EU) 2016 / 1012 and (EU) 2019 / 6 of the European Parliament and of the Council as regards the identification and registration of equidae and laying down model identification documents for those animals. Commission Implementing Regulation (EU) No 2022 / 160 of 4 February 2022 establishing a uniform minimum frequency of certain official controls to verify compliance with Union animal health requirements pursuant to Regulation (EU) 2017 / 625 of the European Parliament and of the Council and repealing Regulations (EC) No 1082 / 2003 and (EC) No 1505 / 2006. Commission Implementing Regulation (EU) No 2022 / 1345 of 1 August 2022 laying down detailed rules for the application of Regulation (EU) 2016 / 429 of the European Parliament and of the Council as regards the registration and approval of establishments keeping terrestrial animals and collecting, producing, processing or storing germinal products.';
2. footnote 2 shall read:
"(2) Paragraph 2 (1) (b) of 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."
3. in Article 1 (1) (a), the words "horses and donkeys and their cross-breeds" shall be replaced by the words "equidae."
4. in Article 1 (1) (a), the words "sheep and goats" shall be replaced by the words "sheep, goats, runners, deer and camels."
5. in Article 1 (2) (a), the words "running3) and" including footnote 3 shall be deleted;
6. in Paragraph 1 (2) (b), the word "rabbits" shall be inserted after the word "records."
7. in Article 2 (a) and (b), the words "horses and asses and their cross-breeds" shall be replaced by "equine."
8. footnote 4 is replaced by the following:
"4) § 2 (1) (n) of Act No 154 / 2000 Coll., as amended."
9. in § 2 (b) (2) and (3), § 2 (h) and § 83 (d), the word "horses" is replaced by "equidae."
10. in § 2 (c) of the introductory part of the provision, the words "assembly centre (5)" shall be replaced by the words "equipment for ungulates (5) or equipment for poultry (5) (hereinafter referred to as" equipment for seductions ")," and the words "user equipment7) shall be replaced by the words" equipment for experimental animals (hereinafter referred to as "user establishment"). "
footnotes 5 to 8 are as follows:
"(5) Article 94 (1) (a) of Regulation (EU) 2016 / 429 of the European Parliament and of the Council, as amended.
6) Paragraph 5a (3) (c) of Act No. 166 / 1999 Coll., on Veterinary Care and on the Amendment of Certain Related Acts (Veterinary Act), as amended.
7) Article 15a of Act No. 246 / 1992 Coll., for the protection of animals against abuse, as amended.
8) § 39 of Act No. 166 / 1999 Coll. '.
footnote 6 is deleted.
11. in Article 2 (c), at the end of the text in point 1, the words "in the case of conversion of the alphabetical indication of the country of origin into numerical expression, this code shall be translated in accordance with Annex I to Commission Regulation (EU) 2021 / 520."
12. Footnote 9 reads as follows:
"9) § 3 (1) (f) of Act No. 166 / 1999 Coll., as amended."
13. in Article 2 (d), the words "to the operator of the assembly centre" shall be replaced by the words "to the sewerage facility."
14. footnote 10:
"(10) Regulation (EU) 2016 / 429 of the European Parliament and of the Council, as amended. Commission Implementing Regulation (EU) 2021 / 963. '
15. in Article 4 (1) (a):
"(a) means of identification listed in Annex III to Commission Regulation (EU) 2019 / 2035,"
16. in Article 4 (1), point (c) is deleted;
Points (d) to (h) shall be renumbered (c) to (g).
17. in Article 4 (1) (d), the word "horse" shall be replaced by "equidae";
18. in Paragraph 4 (1) (e), the comma shall be replaced by a dot and points (f) and (g) shall be deleted;
19. Footnote No 11b reads:
"11b) Commission Implementing Regulation (EU) 2021 / 963. ';
20. In Section 5, the words "ear tags and signs for the marking of runners' are replaced by the words" means of identification '.
21. Paragraph 5 (1) reads as follows:
"(1) The means of identification shall comply with Annex II to Commission Regulation (EU) 2021 / 520. The marking by hand-written alphanumeric characters shall be inadmissible except for optional particulars. The letters must not interfere with the printed text. '
22. in Article 9 (6), the text "Article 10 (5)" is replaced by "Article 10 (6) and (7)."
23. In Article 9, the following paragraph 7 is added:
"(7) The authorised person shall approve the means of identification referred to in Articles 9 and 11 of Commission Regulation (EU) 2021 / 520. The authorised person shall include the technical specifications of the means of identification on his website. ';
24. in Article 10 (1) and (2), the word "plastic" shall be replaced by "conventional."
25. Paragraph 10 (5) reads:
"(5) One conventional ear tag for the labelling of turmeric may be replaced by an electronic eartag or a bazaar bolus transponder. The type of electronic identifier shall be indicated by the breeder on the accompanying sheet of bovine animals. ';
26. In Section 10, paragraphs 6 to 8 are added:
"(6) The two conventional ear tags for the labelling of turds may only be replaced if a derogation has been granted under Article 39 of Commission Regulation (EU) 2019 / 2035. The type of electronic identifier shall be indicated by the breeder on the accompanying sheet of bovine animals.
(7) If the tissues cannot be marked with an ear tag due to damage, inflammation or deformation of the hearing bolts, they shall be marked in a visible alternative manner so as to avoid confusion with other tissues. This alternative means of identification shall be recorded immediately by the breeder in the stables register.
(8) In the case of a bazaar bolus transponder designation, the time limit for marking by this means of identification shall be 60 days from birth. ';
27. in Articles 11 (1), (2) and (7), 20 (1) and (3), 23 (1), (4) and (5) and 26 (1), the word "plastic" is replaced by "conventional."
28. in Articles 11 (1), 20 (2) and 23 (1) and (2), the word "Plastic" shall be replaced by "Conventional."
29. in Article 11 (3) and (4), "plastic" is replaced by "conventional."
30. in Part 2 of the title of Section 3, the words "horses and donkeys and their hybrids' are replaced by the words" equidae ';
31. Sections 13 to 15, including the headings and footnotes No 12a, read:
Means and dates of identification of equidae
(1) Equidae shall be identified by the methods laid down in the various orders of equidae 'breeding books (12):
(a) word and graphic description and electronic identification11b); or
(b) a word and graphic description, an electronic identification11b) and a fire in the case where such a fire is given in the appropriate rules of the herd book of equidae (12).
(2) Equidae not registered in the herd book are identified by word and graphic description and by an electronic identifier in accordance with Commission Implementing Regulation (EU) 2021 / 96311b).
(3) Each horse foal shall be marked in such a way that the horse passport is issued before leaving the holding on which the foal was born, except where such movement takes place in accordance with Commission Implementing Regulation (EU) 2021 / 96311b, but not later than 12 months after the date of birth.
(4) The person carrying out the identification of equidae shall indicate the equine animal within 28 days of the date on which it was demonstrably requested by the owner. In the case of equidae registered in a breeding book kept in the Czech Republic, except for horses of breeds of the English purebred and glider, the fourth admission note shall be completed and sent, in the case of equidae registered in the Czech Republic, to the competent recognised breeders' association, to the fourth admission note or, where applicable, to the registration of the horse by the authorised person (4) within 10 days of the identification of the equine animal. In the case of horses of the breed English purebred and glider, the registration procedure and the dates for the transmission of the supporting documents for the issue of the horse's licence shall be governed by the applicable Order of the herd book.
Word and graphic description
(1) The verbal description shall contain a description of the basic colour and a description of the congenital badges characterising the head, neck, limb and body of the equine animal.
(2) The graphical description shall include a drawing of congenital and acquired badges and hair vortices characterising the body of the equine animal from the left and the right, head, neck and breast from the ventral point of view, head and nose from the oily point of view, thoracic and pelvic extremities.
(3) A verbal and graphic description of the equine animal shall be provided by the breeder to the person carrying out the identification of equidae.
(4) If there are changes on the equine animal which do not comply with his word and graphic description on the horse passport or in the equine registry, the animal breeder shall ensure repair of the person carrying out the identification of equidae. The person carrying out the identification of equidae shall make a change to the word and graphic description in the horse passport and in the registration report of the equine animal born in the Czech Republic, which shall be sent to the issuing authority within 7 days of the date of registration. 11b).
(5) The graphic description of the equine animal may be replaced in accordance with Article 16 of Commission Implementing Regulation (EU) 2021 / 963 of high quality photographs for equidae with unique colour badges.
Labelling of equidae by electronic identifier and embossing
(1) The identification of the equine animal by electronic identification11b) shall be recorded by the person carrying out the identification of equidae in the equine registration book and on the admission note or, where appropriate, on the equine registration and permanent import report. This is without prejudice to the obligation of the issuing authority to record the horse's licence in accordance with the directly applicable European Union Regulation (12a).
(2) Electronic identifiers referred to in Article 4 (2) are used to identify equidae. If the equine animal is identified by an electronic identifier that contains the country code 203 for the Czech Republic in the structure of the code but does not come from a number series assigned by the mandate4) or for other reasons does not comply with the directly applicable European Union11b Regulation, it shall be used as an alternative means of identifying the genetic type of the equine animal.
(3) The ignition and its location are part of the order of breeding books.
12a) Article 19 (1) of Commission Implementing Regulation (EU) 2021 / 963. '
32. In Article 19 (1), the words "the designation of the country of origin - the letters" CZ "for the Czech Republic and" shall be inserted after the word "contain."
33. in Paragraph 21 (1) and (2), the number "30" is replaced by "20."
34. in Paragraph 22 (1), "6" is replaced by "9."
35. footnote 28 reads:
"(28) Article 113 (a) and Article 118 to 120 of Regulation (EU) 2016 / 429 of the European Parliament and of the Council, as amended. ';
36. in Articles 22 (2), 22 (3) (a), 22 (4) and 25 (1), the word "plastic" is replaced by "conventional."
37.
"(29) Article 118 (1) (a) and (2) (a) of Regulation (EU) 2016 / 429 of the European Parliament and of the Council, as amended.
30) Article 118 (2) (a) of Regulation (EU) 2016 / 429 of the European Parliament and of the Council, as amended. '
38. In Paragraph 22 (7), "Plastic 'is replaced by" Conventional'.
39. In Article 24, the following paragraph 4 is added:
"(4) In the case of a bazaar bolus transponder designation, the time limit for marking by this means of identification shall be 60 days from birth. ';
40. In Episode 2, Section 7, including the title:
Labelling of deer and camel
Method and term of labelling of deer and camel
(1) Deer and camel are marked with a conventional ear tag fixed on both earplugs or with an injectable transponder. The label referred to in the first sentence may be replaced by an alternative method in the case of deer tattoos and reindeer in accordance with Article 74 of Commission Regulation (EU) 2019 / 2035.
(2) Each deer or camel, including cuts slaughtered on the holding, must be marked before leaving the holding in which he was born but not later than 9 months old.
(3) Where the conditions referred to in Article 16 (4) of Commission Regulation (EU) 2021 / 520 are met, the breeder may request the Ministry to extend the period referred to in paragraph 2 and to designate the deer before leaving the holding in which they were born.
(4) An injectable transponder or tattoo, if any, must contain the animal identification number.
Ear tags used for the labelling of deer and camels and their models
(1) Conventional ear tags shall be used for the marking of deer and camels, which shall be at least 25 mm high, at least 9 mm wide and the height of the alphanumeric characters indicated therein shall be at least 4 mm high.
(2) The conventional ear tag used for the labelling of deer and camel shall contain:
(a) the identification number of the animal; and
(b) the code of the competent authority.
(3) The model of the conventional ear tag used for the labelling of deer and camels is set out in Annex 4a.
Method and term of labelling of deer and camel moved from other Member States or imported from third countries
(1) Deer and camel movements from other Member States or imports from third countries shall be marked as described in Sections 27a and 27b within 72 hours of the date of arrival at the place of destination.
(2) The provisions of paragraph 1 shall not apply to deer and camel animals moved from other Member States or imported from third countries which are identified by an individual code of the animal from which the holding where the animal was first identified may be identified and to deer and camel animals imported to participate in the dispatch of the animals.
(3) In the case of movements of deer and camel from another Member State or imports of deer and camel from third countries directly to slaughterhouses, they shall no longer be indicated. ';
41. in Part 2, Section 8 is added after Section 7, including the title:
Labelling of farmed muflon and feral pigs
Method and term of labelling of farmed muflon and feral pigs
(1) Mufloni and farmed wild boar are marked with one conventional ear tag.
(2) Any muflon or wild boar, including cuts slaughtered on the holding, shall be marked before leaving the holding in which he was born.
Ear tags used for the labelling of muflons and feral pigs and their models
(1) Conventional ear tags shall be used for the marking of muflons and feral pigs, which shall be at least 25 mm high, at least 9 mm wide and the height of the alphanumeric characters indicated therein shall be at least 5 mm high.
(2) The conventional ear tag used for the labelling of muflons and feral pigs must contain:
(a) country of origin designation - letters "CZ" for the Czech Republic,
(b) an alphanumeric code expressing part of the registration number of the holding where the animal was born; and
(c) the competent authority code.
(3) The model of the conventional ear tag used for the labelling of farmed muflons and feral pigs is set out in Annex 4a.
Method and term of labelling of muflons and feral pigs moved from other Member States or imported from third countries
(1) Mufloni and feral pigs moved from other Member States or imported from third countries shall be identified as described in Sections 27d and 27e within 72 hours of the date of arrival at the place of destination.
(2) The provisions of paragraph 1 shall not apply to muflons and feral pigs moved from other Member States or imported from third countries which are identified by an individual code of the animal from which the holding where the animal was first identified and to muflons and feral pigs imported for the purpose of participating in the dispatch of the animals.
(3) When movements of muflons and feral pigs from another Member State or imports of muflons and feral pigs from third countries directly to slaughterhouses are no longer indicated. '
42. Footnote 12b reads:
"12b) § 2e of Act No. 252 / 1997 Coll., on Agriculture, as amended."
43. In Paragraph 29 (2) (c), the words "or cadastral territories, where appropriate," shall be deleted.
44. In Paragraph 29 (2), the word "complete 'is deleted.
45. In Paragraph 29, the words "in accordance with paragraph 2 'shall be added at the end of the text of paragraph 5.
46. In Paragraph 29 (9), the sentence after the third sentence is inserted: "There is no obligation under the first sentence for the breeder, if there are changes to the data entered in the register of the agricultural entrepreneur under the Agriculture Act."
47. In Paragraph 29, paragraph 12 is added:
"(12) They shall be recorded for each economy by drawing up in accordance with Section 3aa of the Agriculture Act as well as geographical coordinates. '
48. In the heading of Section 30, the words "assembly centres' are replaced by the words" seductions facilities'.
49. In § 30 (1) and (2), § 34 (3) (e) (2), § 35 (2) (e), § 35 (2) (e), § 35 (5), § 38 (1) (g), § 39 (5) (a), § 39 (7) and (8), § 40 (4) to (6), § 52 (3) (b) (3), § 53 (1), (2) and (4), § 55 (b) (3), and § 59 (b) (3), the words "assembly centres" shall be replaced by "by" devices for sewers. "
50. in Article 30 (2) (b), the word "complete" shall be deleted;
51. in Paragraph 30 (2) (e), the word "places" shall be inserted after the word "address."
52. in Paragraph 32 (1), the words "except horses" shall be deleted;
53. In Article 32 (2), the words "the report on the usual place of breeding, the report on the status of rabbits," shall be inserted after the words "the holding."
54. in Article 32 (3), the words "registered horses on the holding" shall be deleted;
55. At the end of Paragraph 32, the following paragraph 4 is added:
"(4) In the case of keeping records in the form of a computerised database as referred to in paragraphs 1 and 3, the supervisory authorities shall not record a record of the control carried out in that register. ';
56. In Part 3 of the heading of Section 2 and in Section 37, the words "deer, camel, 'shall be inserted after the words" tura'.
57. In § 34 (1), § 34 (3) of the introductory part of the provision, § 35 (3), § 36 (4) and § 37 (2), the words "deer, camel," shall be inserted after the word "tura,"
58. in Paragraph 34 (3) (f), point 3 is deleted;
Points 4 and 5 shall become points 3 and 4.
59. In Article 34, at the end of paragraph 3, the dot is replaced by a comma and the following points (h) to (j) are added:
"(h) the date of the designation of the animal,
(i) the number of the electronic identifier if different from the identification number of the animal;
(j) the date of the first birth, if the breed has not previously been indicated as a mother, or if no missing or date of birth of the dead calf has been recorded. "
(60) footnote 15 reads as follows:
"15) § 24 of Act No. 154 / 2000 Coll., as amended."
61. in § 35 (1) (e), § 36 (1) (g) and § 38 (1) (d), the words "deer, camel," shall be inserted after the words "u."
62. In Article 35, at the end of paragraph 1, the dot is replaced by a comma and the following point (h) is added:
"(h) if the breed is subject to breeding, the date of the first birth, unless the breed has previously been referred to as the mother referred to in (e) or the event referred to in paragraph 2 (f) has been reported.";
63. in Articles 35 (4), 94 (2) and 95 (3), the words "assembly centres" are replaced by the words "seductions facilities."
64. in Article 36 (1) (h), the words "if the ovine or caprine animal is marked with it" shall be replaced by "if it differs from the identification number of the animal."
65. In Article 36, at the end of paragraph 1, the dot is replaced by a comma and the following points (i) and (j) are added:
"(i) the type of electronic identifier, if marked by the animal;
(j) if they are in breeding, giving birth if they have undergone it before the animal is moved from another Member State or before importation. "
66. In Article 36 (3), the words "by sending a copy of the certificate of origin or a copy of the health certificate 'are replaced by the words" in a manner determined by the authorised person'.
67.In Paragraph 37 (1), the words "except for deer and camel animals" shall be added at the end of the text in point (c).
68. In Article 37 (2), the words "ear tags' are replaced by" means of identification 'and the words "animals' are inserted after the words" numbers'.
69. in Paragraph 38 (1) (e), point 7 shall be deleted;
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Regulation Information
| Citation | Decree No. 130 / 2023 Coll., amending Decree No. 136 / 2004 Coll., laying down the details of the marking of animals and their registration and registration of holdings and persons provided for by the Breeding Act, as amended |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.05.2023 |
|---|---|
| Effective from | 01.06.2023 |
| Effective until | - |
| Status | Valid |
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