Act No. 264 / 2014 Coll.

Act amending Act No. 166 / 1999 Coll., on Veterinary Care and on the Amendment of Certain Related Acts (Veterinary Act), as amended, and Act No. 634 / 2004 Coll., on Administrative Charges, as amended

Valid Law Effective from 29.12.2014
264
THE LAW
of 23 October 2014
amending Act No 166 / 1999 Coll., on Veterinary Care and amending certain related laws (Veterinary Act), as amended, and Act No 634 / 2004 Coll., on Administrative Charges, as amended
Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment of veterinary law
Čl. I
Act No. 166 / 1999 Coll., on Veterinary Care, and on the amendment of certain related laws (Veterinary Act), as amended by Act No. 29 / 2000 Coll., Act No. 154 / 2000 Coll., Act No. 102 / 2001 Coll., Act No. 76 / 2002 Coll., Act No. 120 / 2002 Coll., Act No. 139 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 131 / 2003 Coll., Act No. 316 / 2004 Coll., Act No. 444 / 2005 Coll., Act No. 227 / 2009 Coll., Act No. 48 / 2006 Coll., Act No. 281 / 2009 Coll., Act No. 124 / 2008 Coll., Act No. 182 / 2008 Coll., Act No. 223.
1. In footnote 1a, the sentence "Regulation (EC) No 998 / 2003 of the European Parliament and of the Council of 26 May 2003 on the animal health requirements applicable to the non-commercial movement of pet animals and amending Council Directive 92 / 65 / EEC as amended 'is replaced by the sentence" Regulation (EU) No 576 / 2013 of the European Parliament and of the Council of 12 June 2013 on the non-commercial movement of pet animals and repealing Regulation (EC) No 998 / 2003. Commission Implementing Regulation (EU) No 577 / 2013 of 28 June 2013 on model identification documents for the non-commercial movement of dogs, cats and ferrets, drawing up a list of territories and third countries and the format, layout and languages of declarations confirming compliance with certain conditions laid down in Regulation (EU) No 576 / 2013 of the European Parliament and of the Council.';
2. in Article 4 (1), point (g), including footnotes 7e and 7f, shall be deleted;
Points (h) and (i) shall be renumbered as points (g) and (h).
3. In footnote 7g, "Regulation (EC) No 998 / 2003 of the European Parliament and of the Council 'is replaced by" Regulation (EU) No 576 / 2013 of the European Parliament and of the Council'.
4. The following Sections 4a and 4b are inserted after Section 4, including footnotes 48, 49 and 50:
„§ 4a
(1) The breeder is obliged to ensure that dogs, cats and ferrets, when moved in the framework of a non-commercial movement between Member States or between Member States and territories and third countries pursuant to Article 13 (1) of the European Union Code on animal health conditions for the non-commercial movement of pet animals (48), comply with the conditions laid down in this Regulation.
(2) Where more than five animals referred to in paragraph 1 are moved which do not comply with the conditions referred to in Article 5 (2) of the European Union Code on the animal health conditions applicable to the non-commercial movement of pet animals (48), the breeder shall ensure compliance with the requirements laid down in Title IV.
(3) A document enabling the identification of the animal and the control of its health status (passport) 49, 50, shall be issued by a veterinarian approved for that activity by the Regional Veterinary Administration.
(4) When issuing and completing the passport, the authorised veterinarian shall proceed in accordance with Article 22 of the European Union Code on the animal health conditions for the non-commercial movement of pet animals 48) and shall keep the records referred to in Article 22 (3) of the European Union Code on the animal health conditions for the non-commercial movement of pet animals 48) for at least 3 years, transmit these records to the Chamber of Veterinary Doctors of the Czech Republic (hereinafter referred to as the Chamber) and submit them to the official veterinarian upon request.
(5) The approval of a private veterinarian may be suspended or withdrawn by the Regional Veterinary Administration if the latter has issued a passport with demonstrably false information, completed incompletely or incorrectly, or in breach of the conditions laid down in this Act or European Union Regulation on the animal health conditions for the non-commercial movement of pet animals 48).
(6) The Chamber is responsible for the registration of passports. The Chamber shall allow the veterinary authorities to obtain from the register all information necessary for the performance of veterinary supervision.
(7) The implementing legislation shall lay down in more detail the labelling of dogs, cats and ferrets for pet animals and shall lay down the method of production, issue and numbering of passports, the keeping of their records, the manner and time limits for the transmission of the data to that register, the content of that register, the requirements for recording the passport data and its model.
§ 4b
(1) The central veterinary administration shall register upon written request:
(a) a person for the purpose of producing passports, hereinafter referred to as "the passport manufacturer," who shall accompany the application with a design of a passport conforming to the model in the implementing legislation; and
(b) a person for the purpose of the distribution of passports ("passport distributor").
(2) The passport manufacturer must:
(a) ensure that passports conform to the model laid down in the implementing legislation;
(b) to affix passports to a number from a series allocated by the Central Veterinary Administration in accordance with Article 21 (3) of the European Union Code on animal health conditions governing the non-commercial movement of pet animals 48),
(c) to supply passports only to the passport distributor;
(d) to transmit the records of passports produced by the Chamber in the manner laid down in the implementing legislation and to submit them to the State Veterinary Administration on request; and
(e) notify the Central Veterinary Administration of the cessation of the production of passports.
(3) The passport distributor must:
(a) to supply passports only to veterinary doctors authorised to issue passports pursuant to § 4a;
(b) keep records of passports delivered pursuant to Article 23 (2) of the European Union Code on the animal health conditions for the non-commercial movement of pet animals (48) for at least 3 years;
(c) to transmit records of passports delivered pursuant to Article 23 (2) of the European Union Code on animal health conditions governing the non-commercial movement of pet animals 48) The Chamber shall submit them to the State Veterinary Administration in accordance with the implementing legislation and upon request; and
(d) notify the Central Veterinary Administration of the termination of the distribution of passports.
48) Regulation (EU) No 576 / 2013 of the European Parliament and of the Council.
49) Article 6 (d) of Regulation (EU) No 576 / 2013 of the European Parliament and of the Council.
50) Commission Implementing Regulation (EU) No 577 / 2013. '
5. Paragraph 19 (5) reads as follows:
"(5) The use of medicinal products in wild game, the products of which are intended for human consumption, shall be prohibited, except where the user is obliged to ensure that compulsory preventive and diagnostic operations are carried out in the framework of veterinary checks on the health of wild game, to the extent and time limits laid down by the Ministry pursuant to Article 44 (1) (d). The user of the hunt shall keep the data on the use of medicinal products in wild game in accordance with the first sentence for at least 5 years and submit them to the official veterinarian on request. Data on the use of medicinal products in wild game shall include the type and number of animals for which the medicinal product has been used, the territory where the medicinal product has been used, the name and quantity of the medicinal product used, the date of use of the medicinal product and the withdrawal period of the medicinal product. ';
6. The following Section 31a is inserted after Section 31:
„§ 31a
(1) Paragraph 28 to 31 shall not apply to the non-commercial movement of pet animals referred to in Part A of Annex I to the European Union Code on animal health conditions for the non-commercial movement of pet animals, except for movements referred to in Section 4a (2). The movement of such animals from other Member States to the Czech Republic is governed by the European Union Regulation on animal health conditions governing the non-commercial movement of pet animals 48).
(2) Pets referred to in paragraph 1 which are less than 12 weeks old and are not vaccinated against rabies or are between 12 and 16 weeks of age are vaccinated against rabies but do not yet comply with the requirements referred to in point 2 (e) of Annex III to the European Union Code on the animal health conditions for the non-commercial movement of pet animals 48) may be moved within the framework of non-commercial movement from other Member States provided that the conditions laid down in Article 7 of the European Union Code on the animal health conditions for the non-commercial movement of pet animals 48).
(3) At the request of the breeder in accordance with Article 32 (1) of the European Union Code on the animal health conditions governing the non-commercial movement of pet animals 48), the central veterinary administration may authorise the movement of pet animals referred to in paragraph 1 which does not comply with the conditions laid down in paragraph 1 and lay down the conditions for such movement.
(4) The inspection of pet animals referred to in paragraph 1 under Article 33 of the European Union Code on the animal health requirements applicable to the non-commercial movement of pet animals 48) shall be carried out by the Regional Veterinary Administration in the form of non-discriminatory random checks. Where the control of animals is found to be in breach of the requirement laid down in the European Union Code on the animal health conditions for the non-commercial movement of pet animals (48), the Regional Veterinary Administration shall decide on the animal health conditions for the non-commercial movement of pet animals (48) in accordance with Article 35 of the Regulation. ';
7. in Article 38a (2) and (3), the word 'provision' shall be deleted;
8. In Article 38a (4), the words "Annex I 'and the words" breeding 7f)' shall be replaced by the words "breeding 48 ';
9. In Article 38a (5), the words "Article 12 and Article 14 'are replaced by the words" Article 34', the words "breeding 7f) 'are replaced by the words" breeding 48' and the words "Article 14 'are replaced by the words" Article 35'.
10. In Paragraph 38a, paragraphs 6 to 8 are added:
"(6) The customs authorities shall keep records of the total number of checks carried out and of cases of non-compliance with the conditions established by those checks in accordance with Article 34 (4) (b) and record the data referred to in Article 34 (4) (c) of the European Union Code on the animal health conditions for the non-commercial movement of pet animals (48).
(7) Pets listed in Part A of Annex I to the European Union Code on the animal health requirements for the non-commercial movement of pet animals 48) which are less than 12 weeks of age and are not vaccinated against rabies or between 12 and 16 weeks of age, are vaccinated against rabies but do not yet comply with the requirements for the non-commercial movement of pet animals to the Czech Republic, provided that the conditions laid down in Article 11 of the European Union Code on the animal health conditions for the non-commercial movement of pet animals are met (48).
(8) At the request of the breeder in accordance with Article 32 (1) of the European Union Code on the animal health conditions governing the non-commercial movement of pet animals 48), the central veterinary administration may authorise the importation of pet animals referred to in Part A of Annex I to the European Union Code on the animal health conditions governing the non-commercial movement of pet animals 48), which does not comply with the conditions laid down in Article 10 of the European Union Code on the animal health conditions governing the non-commercial movement of pet animals 48) and lay down the conditions for such imports. "
11. in Paragraph 45 (2):
"(2) Veterinary doctors of the Ministry of Defence and of the Ministry of Interior and, where appropriate, the organisational bodies of the State which have been entrusted with this activity,
(a) subject the passports of dogs used by these ministries to carry out their duties, where such dogs are moved between Member States for non-commercial purposes, and take samples to carry out a serological test demonstrating the antibody titre against rabies; and
(b) carry out checks on dogs used by these ministries to perform their tasks when entering those dogs from third countries at the points of entry referred to in Article 10 (2) of the European Union Code on animal health conditions for the non-commercial movement of pet animals 48) as determined by the Ministry of Defence or the Ministry of Interior. ';
12. in Article 48 (1), the following point (r) is inserted after point (p):
"(r) allocates a number number to passport manufacturers in accordance with Article 21 (3) of the European Union Code on animal health conditions governing the non-commercial movement of pet animals 48),";
Point (r) shall be renumbered as point (s).
13. The following Section 48a is inserted after Section 48, including footnote 51:
„§ 48a
(1) The central veterinary administration shall inform the public, on the basis of the results of national veterinary surveillance, of the non-health identified animal products or animal products unfit for human consumption in accordance with Article 10 of Regulation (EC) No 178 / 2002 of the European Parliament and of the Council.
(2) The central veterinary administration is entitled to inform the public on the basis of the results of the national veterinary supervision of:
(a) identified animal products identified or offered in a misleading manner; or
(b) confirmation of the presence of a dangerous disease or disease communicable from animals to humans which may endanger human or animal health.
(3) The information published to the public in accordance with paragraphs 1 and 2 may include the identity of the person checked, the nature of the risk, the measures taken and other information necessary to protect human and animal health. Such cases shall not be subject to a confidentiality obligation imposed under special legislation51).
51) § 20 of Act No. 255 / 2012 Coll., on Control (Control Regulations). '
14. in Article 71 (1), the words "or the European Union Regulation on animal health conditions governing the non-commercial movement of pet animals 48" shall be added at the end of the text in point (g).
15. in Article 72 (1), the words "or European Union Regulation on the animal health conditions governing the non-commercial movement of pet animals 48" shall be added at the end of the text in point (k).
16. in Article 72 (2) (a), the words "Article 4a (4)" shall be inserted after the words "in," and at the end of the letter the words "or" deleted. "
17. in Article 72 (2) of the Introductory Part of the provision, the words "the person concerned" shall be replaced by the words "the natural person concerned"; at the end of the paragraph, the dot shall be replaced by the words "or" the following point (c) shall be added:
"(c) as a passport manufacturer or passport distributor, it shall not fulfil or breach the obligation laid down in Article 4b (2) or (3)."
18. in Paragraph 72 (3) (e), the amount "CZK 20,000" is replaced by "CZK 50,000" and the words "points (a) and (b)" are replaced by "points (a) to (c)."
19. in § 78, "§ 4 (1)" is replaced by "§ 4a (7), § 4b (2) (d) and § 4b (3) (c)";

ČÁST DRUHÁ

Amendment of the Administrative Charges Act
Čl. II
Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 11 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 13 / 2011, Act No. 13, Act No. 2011, Act No. 2011, No 2011, No 2011, No 2011, No 2011, No 2011, No 2011, No. 2011, No No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, p.
"(l) Registration of passport manufacturer 42) CZK 500
m) Registration of passport distributor 42) CZK 500. "

ČÁST TŘETÍ

EFFECTIVE
Čl. III
This Law shall enter into force on 29 December 2014.
Hamlet v. r.
Zeman v. r.
Sobotka v. r.

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Regulation Information

CitationAct No. 264 / 2014 Coll., amending Act No. 166 / 1999 Coll., on Veterinary Care and on the Amendment of Certain Related Acts (Veterinary Act), as amended, and Act No. 634 / 2004 Coll., on Administrative Charges, as amended
Regulation TypeLaw
Author-
CollectionCode of Laws
Date of Promulgation19.11.2014
Effective from29.12.2014
Effective until-
Status Valid
The regulation text is for informational purposes only.
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