Decree No. 176 / 2023 Coll.

Ordinance on animal health and protection and on the authorisation and competence to carry out certain professional veterinary activities

Valid Order Effective from 01.07.2023
176
DECLARATION
of 12 June 2023
on animal health and protection and on the authorisation and competence to carry out certain professional veterinary activities
The Ministry of Agriculture provides pursuant to Article 78 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., Act No. 316 / 2004 Coll., Act No. 48 / 2006 Coll., Act No. 182 / 2008 Coll., Act No. 6 (6), Act No. 264 / 2009 Coll., Act No. 308 / 2011 Coll., Act No. 359 / 2012 Coll., Act No. 10, § 53 (c), Act No. 139 / 2014 Coll.
§ 1
Subject matter
This decree provides for:
(a) animal health requirements for the environment in which animals are kept, for their treatment and protection against diseases and diseases communicable from animals to humans and for their marketing;
(b) the model animal health certificate and health certificate;
(c) the animal health requirements for the placing and holding of animals in quarantine, including the establishment of veterinary professional operations to be carried out in connection with the placing and holding of animals in quarantine;
(d) the content, scope and organisation of specialised training for the capture, treatment and disposal of animals without master, stray and abandoned animals, including in animal shelters, and for the collection, transport and disposal of pet carcases, including their disposal in a rendering establishment, in a crematorium for animals, in the manner and organisation of the verification of acquired knowledge, certification and maintenance of the list of persons who have completed such specialised training;
(e) the model of the veterinary certificate, the animal protection inspector against torture, the official veterinary assistant and the national surveillance inspector for the classification of carcasses;
(f) study subjects which must be included in the Master's study programme in the field of veterinary medicine or veterinary hygiene, knowledge and skills which are a prerequisite for obtaining a diploma, certificate or other evidence of the required education in veterinary medicine and hygiene, diplomas, certificates and other evidence of the required education, as referred to in Section 59 (2) (a) of the Act, the form, content and organisation of the attestation studies of official veterinary surgeons, the manner and organisation of the verification of knowledge and certification,
(g) the particulars of the application for registration pursuant to Article 64 (1) of the Act, details of the performance of professional veterinary activities by private veterinary techniques;
(h) a more detailed procedure for the application of the compensation provided for in Article 67, 67a or 67b of the Act and the particulars of the application for it;
(i) the content, scope and organisation of specialised training aimed at investigating wild game bodies, the method and organisation of the verification of acquired knowledge, the issuing of certificates and certificates of trained persons, the keeping of a list of trained persons and the model of the certificate of trained persons;
(j) the limits on the decline in food and water intake, the decrease in egg production or the increased mortality of poultry over which breeders keeping poultry for business purposes are obliged to report these facts to the Regional Veterinary Administration;
(k) the content, scope and organisation of specialised professional training, focusing on the survey of game on the presence of muscle (Trichinella), the method and organisation of the verification of acquired knowledge, certification and maintenance of the list of persons who have completed that specialised training;
(l) the content, scope and organisation of specialised training, with a focus on the marking of designated animals under the breeding law by means of a fire or injection application of an electronic identifier, the manner and organisation of the verification of the knowledge acquired, the certification and maintenance of the list of persons who have completed that specialised training;
(m) professional veterinary activities carried out by livestock farmers, their list and details of their implementation by livestock farmers;
(n) details of the performance of the veterinary professional tasks involving the injection of medicinal products in livestock by the livestock farmer;
(o) other professional activities carried out by livestock farmers, their list and details of their implementation by authorised livestock farmers;
(p) the content, scope and organisation of specialised professional training with a view to carrying out other professional veterinary tasks, the manner and organisation of the verification of knowledge acquired, certification and the keeping of a list of persons who have completed such specialised professional training;
(q) the content, scope and organisation of specialised training with a focus on the inspection of hives with the disassembly of the bee work, the certification and certification of the peekeeper, the keeping of the list of peehives and the model of the peekeeper's certificate;
(r) the organisation of specialised professional training of staff of slaughterhouse operators with a view to assisting in carrying out the tasks relating to official controls and to taking samples or testing related to official controls, the manner and organisation of the verification of knowledge acquired, certification and the keeping of a list of persons who have completed such specialised training; and
(s) the form, content and organisation of specialist studies for animal protection inspectors against abuse, the manner and organisation of knowledge verification and certification.
Animal health requirements
(K § 5 (7) of the Act)
§ 2
(1) Breeders, in accordance with Article 4 of the Act, create favourable conditions for animals, their health and well-being in terms of the environment in which they live, their treatment, nutrition, breeding, economic and other use, in particular by:
(a) keep animals in stables, other premises and facilities the layout, equipment and capacity of which comply with the animal health requirements of the species and category concerned and maintain appropriate hygiene and microclimate conditions (2), in particular adequate ventilation, temperature, humidity, noise and lighting levels;
(b) keeping animals in stables, other premises and facilities where the animals come into contact only with materials which cannot harm their health, or adversely affect the health of their products, and which can be properly cleaned and disinfected if necessary, the electrical installation and the equipment must be maintained in such a condition that the animals are not exposed to strained stress;
(c) treat and use animals in a manner consistent with their species, category and health status and in which there is no injury to animals and animals are not subjected to unnecessary physical or psychological suffering;
(d) carry out an animal health check at least once a day and provide the animals with appropriate treatment without delay if any injury or disorders are detected and, if necessary, separate housing and veterinary treatment,
(e) provide the animals with sufficient water and feed corresponding to their physiological needs and allow them to move appropriately;
(f) protect animals from diseases, diseases transmissible from animals to humans, other diseases and harmful effects, and take measures to protect animals, humans, objects and materials from the introduction of diseases that may be borne by disease agents; and
(g) measures to protect drinking water and feed against pollution and contamination by undesirable micro-organisms and substances which may degrade or produce products harmful to animal and human health.
(2) Where grazing is concerned, the breeder shall, if necessary, arrange for the assembly of animals in a suitably equipped place to carry out health tests or professional veterinary operations to prevent and control diseases (e.g. protective vaccination, clinical examination of animals, blood collection, slaughter of animals).
§ 3
Pigs' breeders shall establish a permanent continuous fencing of all:
(a) structures intended for the breeding of pigs;
(b) ancillary structures and parcels used for the storage of feed and litter for pigs; and
(c) the parcels to which the pigs are kept have access; such parcels shall be fenced by pig farmers with at least a double fence, the distance between the two fences being at least 50 cm; The internal fence may be replaced by functional mechanical barriers or a functional electrical barrier.
§ 4
(1) Breeders who, as entrepreneurs, keep farm animals for business purposes in accordance with Section 5 of the Act,
a) protects breeding against dangerous animal diseases
1. by placing suitable devices to prevent the penetration of wild animals (for example, through the assembly of openings, nets, scavengers),
2. the storage of manure in accordance with other legislation (m3);
3. the creation of appropriate conditions for the disposal and unloading of animals and for the security of feed storage in front of animals,
4. in the construction of structures intended for animal husbandry by the establishment of fences and a well-accessible manure and manure farm in accordance with other legislation4),
5. in the case of changes in buildings intended for animal husbandry, where they also involve changes in manure and manure holdings, the establishment of fences and a well-accessible manure and manure holding; This is without prejudice to the provisions of other legislation on the conditions for the authorisation of construction works,
6. if a dangerous disease occurs or is suspected of being present by the means of entry and exit disinfectants;
7. the supply of water and feed to poultry and captive birds within, or under shelters; and
8. Separate breeding of aquatic poultry from other poultry and captive birds; and
(b) ensure that animals are cared for by persons with the necessary knowledge and experience.
(2) Breeders holding poultry for business purposes are required to report to the competent regional veterinary administration:
(a) a decrease in food and water intake by more than 20%;
(b) a fall in egg production of more than 5% for more than 2 days; or
(c) mortality above 3% per week.
(3) The provisions of paragraph 1 shall apply mutatis mutandis, taking into account the species of animals, the purpose and the manner in which they are kept and the animal health situation, to operators of breeding and supply facilities (5), to breeders who keep pet animals for sale for business purposes and to operators of zoos and circuses.
§ 5
Veterinary certificate and health certificate
[K § 6 (8) (a) of the Act]
The model animal health certificate and health certificate are set out in Annex 1 to this Regulation.
Animal quarantine
[K § 6 (8) (b) of the Act]
§ 6
(1) In the cases referred to in the Act, animals which are:
(a) subject to trade with Member States of the European Union (hereinafter referred to as "the Member State");
(b) imported from countries which are not Member States ("third countries"),
(c) moved from the sewerage of animals; or
(d) moved to a herd where the disease situation is better than that of the original herd.
(2) The animals shall be kept in quarantine for at least the time strictly necessary to carry out the health tests in accordance with the mandatory preventive and diagnostic procedures laid down.
§ 7
(1) Animals subject to trade with Member States and animals imported from third countries may be quarantined on holdings in stables together with animals already kept in such stables. In that case, the whole holding shall be considered a quarantine.
(2) In other cases, the animals are kept in quarantine separately under conditions laid down by the Regional Veterinary Administration in stables, other premises and establishments which are:
(a) sufficiently distant and operationally separated from other structures and establishments serving animal husbandry susceptible to the same diseases as those in quarantine;
(b) technically eligible for animal husbandry and technologically equipped for housing animals of the species and category concerned;
(c) equipped with effective means for disinfection of means of transport and persons, as well as appropriate facilities for storing animal by-products;
(d) protected against the intrusion of other animals and secured against unauthorised entry; and
(e) equipped to carry out health tests and to take samples for diagnostic purposes.
(3) Quarantine shall begin by placing the last of the animals to be kept in quarantine; the placing of an entire group of animals in quarantine shall be carried out within a period not exceeding 5 days.
(4) During quarantine
(a) other animals shall not be placed in stables, other premises and establishments where the animals are quarantined;
(b) shall be carried out in accordance with the instructions of the Regional Veterinary Administration on animal testing, sampling for laboratory examination, health tests, preventive vaccination and veterinary treatment and, where appropriate, other veterinary professional activities.
(5) The operator of stables, other premises and facilities intended to keep the animals in quarantine shall keep a quarantine log (hereinafter referred to as the quarantine log) containing:
(a) particulars
1. the commencement and termination of quarantine and the commencement of quarantine,
2. the veterinary professional operations carried out on animals in quarantine and the results thereof;
3. the movement of animals from stables, other premises and facilities in which they are kept in quarantine to slaughterhouses or, where appropriate, the disposal of their carcases;
4. the veterinary checks carried out during quarantine and the results thereof,
5. the end of quarantine and the movement of animals from quarantine to rearing; and
6. the cleaning and disinfection of stables, other premises and facilities in which animals were kept during quarantine;
(b) an inventory of the animals in quarantine according to the identification numbers and, where appropriate, in accordance with another legislation (6); and
(c) the name, surname and place of residence, residence or residence of the person responsible for keeping the quarantine diary.
(6) The Annex to the quarantine log shall be health certificates and health certificates accompanying animals placed in quarantine.
§ 8
Termination of the quarantine of animals shall be decided by the Regional Veterinary Administration on the basis of the results of the tests, health tests and laboratory tests for all animals housed together.
§ 9
Application for reimbursement of costs and losses
(K § 70 (3) of the Act)
(1) An application for reimbursement of costs and losses incurred in relation to a dangerous disease shall be submitted to the Ministry of Agriculture.
(2) The application referred to in paragraph 1 shall contain details of the applicant (name, surname, last name, permanent residence, residence) or residence, date of birth and account number, if any, if it is a natural person, or business name or name, seat or address of the organisational body in the Czech Republic, identification number, if assigned, tax number and account number, if it is a legal person), registration number of the holding, if it is a breeder, and identification code of the hunt, if it is a user.
(3) The applicant shall accompany the application
(a) confirmation by the Regional Veterinary Administration that costs and losses have been incurred or, where appropriate, that the animals have been killed or necessarily slaughtered, wild game has been caught or killed in circumstances which give rise to a claim for reimbursement of costs and losses, or that agricultural crops and crops on agricultural land have been disposed of in a manner that gives rise to a claim for reimbursement of costs and losses, and that the costs have been effectively incurred; and
(b) evidence of the amount of costs effectively incurred and the amount of losses incurred, as well as of what was provided to it for the usable parts of the body of the animal killed, necessarily slaughtered or necessarily slaughtered for diagnostic purposes, wild game caught or killed, and for agricultural crops and crops on agricultural land subject to exceptional veterinary measures.
(4) Where there is an application for compensation for loss of earnings or loss of earnings or for compensation for increased costs of intermediate accommodation and meals, the applicant shall attach evidence of the amount of loss of earnings or profits or of the cost of accommodation and meals incurred.
§ 12
Application for registration of a private veterinary technician
[K § 64 (6) (a) of the Act]
(1) The application for registration of a private veterinary technique contains:
(a) the name and, where appropriate, the name, surname, place of residence, residence (7) or residence and date of birth of the applicant; and
(b) the type, scope and intended place of activity.
(2) The applicant shall accompany the application
(a) evidence of professional competence;
(b) an extract from the register of criminal offences (8), which may not be more than 6 months old, or corresponding documents issued by the State of which he is a citizen, and by States in which he has remained continuously for more than 3 months over the last 3 years, which may not be more than 6 months old; and
(c) basic information on where and under which conditions it will carry out its activities.
§ 13
Professional veterinary activities carried out by private veterinary techniques
Private veterinary technician shall be entitled to carry out:
(a) castration of male animals under 7 days of age in pigs, bovine, ovine or caprine animals not suffering from an anatomical defect in the sex organs;
(b) the shortening of tails in piglets under 7 days, lambs and puppies under 8 days,
(c) defrosting or controlling the growth of horns in calves and kids aged up to 4 weeks by chemical cauterization, heat cauterisation by an apparatus which develops the necessary heat for at least 10 seconds;
(d) treatment and treatment of hooves and hooves of animals;
(e) removal of spurs, ridges, last wing cells, shortening of beaks, claws, trimming of interpheres during the first day of life of poultry, removal of claws and shortening of the upper part of the beak in musk ducks up to 21 days of age;
(f) dressing of teeth of suckling piglets;
(g) the cauterisation of the beaks of fowl less than 10 days old intended for the production of table eggs;
(h) simple surgical procedures which do not require the overall numbness of the animal;
(i) the marking of animals;
(j) preparation, management and assistance in the delivery of animals with normal course;
(k) the administration of baths and spraying not subject to veterinary prescription or prescribed for such treated animals by the veterinarian,
(l) the administration of veterinary medicinal products to animals, unless they are subject to the veterinary prescription or prescribed for such animals by the veterinarian,
(m) the adjustment and operation of veterinary devices; and
(n) physiotherapy of animals.
Attestation studies
(K § 59 (7) of the Act)
§ 14
(1) The State Veterinary Administration organises an attestation study of official veterinary surgeons (hereinafter referred to as "attestation studies") in cooperation with a university carrying out an accredited master's programme in the field of veterinary medicine or veterinary hygiene.
(2) On application, classification
(a) to the basic part of the grade I attestation by a veterinarian who is working or intending to work as an official veterinarian; and
b) to the specialisation section of the degree II attestations by the veterinarian who obtained the grade I attestations.
§ 15
(1) The basic part of the attestation study is common to all participants in this study and is organised in the form of weekly concentration to the public veterinary block and veterinary hygiene with laboratory diagnosis in veterinary hygiene and weekly concentration to the epidemiological and welfare block of animals with laboratory diagnosis in epizootiology.
(2) The specialisation section of the atestation study takes place in 3 specialised fields: veterinary hygiene, epizootiology and animal welfare, laboratory diagnostics. It includes teaching in the range of weekly concentration and the preparation of the test work. Attestation work has the character of professional qualification work, which is demonstrated by the participant in the specialisation section of the test study in the chosen field.
(3) At the end of each part of the test study, its participants shall undergo the final test (hereinafter referred to as the "test test ') before the examination committee. The Chairperson and other members of the Examination Committee shall be appointed as the Central Director of the State Veterinary Administration (hereinafter the" Central Director') from experts of the State Veterinary Administration and the University carrying out an accredited master's study programme in the field of veterinary medicine or veterinary hygiene and, where appropriate, from experts of state veterinary institutes. The Chairman of the Examination Board shall organise and ensure the performance of the attestations. A part of the testing test to obtain Level II attestations is the defence of the test work. Attestation work is submitted in paper and electronic form.
§ 16
(1) The Central Director shall determine the date and place of the test.
(2) The result of the testing test decided by the test committee by voting shall be evaluated: the test shall be taken, the test not taken.
(3) The chair of the examination committee shall draw up a report on the conduct of the test test, signed by all members of the panel, indicating:
(a) the date and place of the test;
(b) the names and surnames of the chairman and other members of the Commission; and
(c) the result of the test.
(4) On the basis of the successful completion of the first degree, the primary part of the first degree is completed and the State Veterinary Administration shall issue a certificate to the participant of the first degree, on the basis of the successful completion of the second degree is the specialisation part of the second degree, and the State Veterinary Administration shall issue a certificate to the participant of the second degree.
(5) A participant in a test study who has not passed the test may request a repetition of the test at the latest six months after the date on which it was notified that he had not passed the test. The test may be repeated only once. For the re-test, paragraphs 1 to 4 shall apply mutatis mutandis. If, within 6 months of the date on which he was notified that he had not passed the test, the participant has not applied for the re-test, he shall pass the next test.
§ 17
(1) The list of diplomas, certificates and other evidence of the required education of citizens of the Member States who are legally considered to be veterinary surgeons are set out in Annex 2 to this Decrees 9).
(2) The subjects which must be included in the Master's study programme in the field of veterinary medicine or veterinary hygiene, knowledge and skills which are a prerequisite for obtaining a diploma, certificate or other evidence of the required education in veterinary medicine or veterinary hygiene are listed in Annex 3 to this Decrees 10).
Specialisation studies for animal protection inspectors against abuse
(K § 53d (3) and (5) of the Act)
§ 18
(1) The State Veterinary Administration shall organise a specialised study for animal control inspectors against torture (hereinafter referred to as "specialisation studies') in cooperation with a university carrying out an accredited master's programme in the field of veterinary medicine or veterinary hygiene.
(2) On request, it may be included in a specialist study of a graduate of a master's study programme in the field of animal protection and well-being of animals following the Bachelor's study programme in the field of animal protection and well-being of animals which works or intends to work as an inspector for the protection of animals against abuse.
§ 19
(1) Specialisation studies are organised in the form of weekly concentration to a public veterinary block and veterinary hygiene with laboratory diagnostics in veterinary hygiene and weekly concentration to a block of epizootiology and welfare of animals with laboratory diagnostics in epizootiology.
(2) Specialisation studies may be organised together with the basic part of the test study.
(3) At the end of the specialisation study, its participants shall undergo the final specialisation test (hereinafter referred to as the "specialisation test ') before a three-member examination committee. The President and other members of the Examination Committee shall be appointed as the Central Director from experts of the State Veterinary Administration and the University of Technology carrying out an accredited Master's study programme in the field of veterinary medicine or veterinary hygiene, and possibly from experts of state veterinary institutes. The Chairman of the Examination Board shall organise and ensure the level of its work and course of the specialist examination.
§ 20
(1) The Central Director shall determine the date and place of the specialist examination.
(2) The result of the specialist examination decided by the panel of examination by voting shall be assessed at stages: the test shall be taken, the test not taken.
(3) The Chairman of the Examination Board shall draw up a report on the course of the specialisation examination, signed by all members of the Panel, indicating:
(a) the date and place of the specialist examination;
(b) the names and surnames of the Chairman and other members of the Examination Board; and
(c) the result of the specialisation test.
(4) On the basis of a successfully completed specialist examination, the State Veterinary Administration shall issue a certificate of specialisation education to the participant of this study. The model of the certificate of service of the animal protection inspector against abuse is set out in Annex 4 to this decree.
(5) A participant in a specialist study who has not passed the specialist examination may, at the latest six months after the date on which he was notified that he had not passed the examination, apply in writing for it to be repeated. The specialisation test can only be repeated once. Paragraphs 1 to 4 shall apply mutatis mutandis to repeat the specialisation test. If, within 6 months of the date on which he was notified that he had not passed the test, the participant has not requested a repeat of the specialisation test, he shall undergo a specialisation study before the next examination.
Specialised training for the capture and handling of animals without master, stray and abandoned animals, including in animal shelters, and for the collection and disposal of pet carcases
(Paragraph 42 (10) of the Law)
§ 21
(1) Specialised training for the collection, transport and disposal of pet carcases, including their disposal in a rendering establishment, in a crematorium for animals or in a cemetery for animals, is organised by a university carrying out an accredited master's study programme in the field of veterinary medicine or veterinary hygiene (hereinafter referred to as the "organiser"), covering 35 hours of theoretical teaching and 5 hours of practical exercise. Participant of specialised training will acquire basic knowledge
(a) anatomy and physiology of dogs and cats,
(b) animal ethology;
(c) animal diseases, in particular dogs and cats, taking into account diseases communicable from animals to humans,
(d) techniques for catching animals, in particular dogs and cats, methods and aids used, health risks and safety of work when catching, regulation of the animal population;
(e) the principles of the establishment, operation and control of shelters for captive and abandoned animals, as well as the legislation relating to the capture and handling of stray animals;
(f) the methods and tools used to collect, transport and dispose of pet carcases, including their disposal in a rendering plant, in a crematorium for animals or in a pet cemetery; and
(g) health risks and safety of work in the collection and disposal of animal carcases, as well as legislation relating to the collection, transport and disposal of animal carcases, including their disposal in a rendering plant, in a crematorium for animals or in a pet cemetery.
(2) When using the distance communication tool, the organizer will perform practical exercises by video recording of the correct animal capture techniques.
§ 22
(1) At the end of the specialised training provided for in Section 21, its participants shall be tested. The organizer determines the date and place of the exam.
(2) The test shall take the form of a written test.
(3) The written test is compiled by random selection of 40 test questions prepared by the organizer. Three possible answers are assigned to each question, one of which is correct. A period of 60 minutes shall be set for the completion of the test. Each correct answer is evaluated by 1 point. The test shall be evaluated by a test commissioner appointed by the organiser from the experts of the State Veterinary Administration or the organizer.
(4) The test result shall be assessed in degrees: the test shall be taken, the test not taken. A minimum of 75% of correct responses are required to evaluate the degree.
(5) A report shall be drawn up by the Examination Commissioner to indicate his name and surname, the date and place of the examination, the identification details of the participants in the specialised training and the results of their evaluation and shall sign the report. The Protocol shall be registered and kept by the organiser for the duration of the certificate issued. On the basis of a successful examination, a participant shall obtain a specialised professional certificate.
(6) A participant in a specialised professional training course who has not passed the examination may, at the latest six months after the date on which it was notified that he had not passed the examination, apply in writing for its repetition. The test may be repeated only once. If, within six months of the date on which he was notified that he had not passed the test, the specialist professional training is not requested to repeat the examination, he shall undergo the specialised training provided for in Section 21 before the next examination.
§ 22a
(1) The organiser shall keep a list of participants in specialised training in electronic form.

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Regulation Information

CitationDecree No. 176 / 2023 Coll., on animal health and protection and on the authorisation and competence to perform certain professional veterinary activities
Regulation TypeOrder
Author-
CollectionCode of Laws
Date of Promulgation21.06.2023
Effective from01.07.2023
Effective until-
Status Valid

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