Act No. 282 / 2003 Coll.
Act amending Act No 154 / 2000 Coll., on Breeding, Breeding, Breeding and Registration of Livestock and amending certain related laws (Breeding Act), as amended, and Act No 500 / 1990 Coll., on the Jurisdiction of the Bodies of the Czech Republic on Transfers of State Property to Other Legal or Natural Persons, as amended
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Effective from 01.01.2004
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282
THE LAW
of 7 August 2003
amending Act No 154 / 2000 Coll., on Breeding, Breeding, Breeding and Registration of Animals and amending certain related laws (Breeding Act), as amended, and Act No 500 / 1990 Coll., on the jurisdiction of the authorities of the Czech Republic in matters of State ownership transfers to other legal or natural persons, as amended
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 laws (Breeding Act), as amended by Act No. 309 / 2002 Coll. and Act No. 162 / 2003 Coll., is amended as follows:
1. in Article 1 (1) (b):
"(b) the labelling of the turas, horses and donkeys and their hybrids, pigs, sheep, goats and runners (hereinafter referred to as" designated animals "),"
2. in Paragraph 1 (1) (c):
"(c) the registration of designated animals, farmed game, (1) 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."
3. Paragraph 1 (2), including footnote (1a), reads:
"(2) This law does not apply to breeding, breeding, marking and registration of animals in zoos. (1a) Heads I to V also do not apply to the breeding and breeding of listed livestock in research and development.
1a) Act No. 162 / 2003 Coll., on the Conditions of Operation of Zoos and on the amendment of certain laws (Act on Zoos). '.
4. In Article 1 (3), the words "in the field of breeding and breeding of listed livestock ', point (b), shall be inserted after the words" this law';
5. in Article 2, the following point (b) is inserted after point (a):
"(b) the subfamily Bovinae, comprising the tooth families, both buffalo, patur and genus of the cattle,"
Points (b) to (s) shall be renumbered (c) to (t).
6. in Paragraph 2 (d):
"(d) any breeder who owns or holds an animal or animals or is authorised to take care of them, whether for consideration or free of charge, including for a transitional period,";
7. in Article 2 (e):
'(e) a group of registered animals, or even individual registered animals, held by one or more breeders for the purpose of their reproduction, the production of their products, the production of animals for slaughter, or for their sports or interest purposes,';
8. in Article 2 (t), including footnotes (5a), (6) and (6a):
"(t) a central register of a comprehensive database covering data on origin, sex, identification numbers, numbers, movements and changes of individuals, herds or flocks of individual species of registered animals; the central register shall also include data on holdings, breeders, slaughterhouse operators, hatchers with a capacity of more than 1000 hatching eggs (hereinafter referred to as hatcheries), assembly centres operators, 5a) persons who, as entrepreneurs (4), directly or indirectly purchase and sell registered animals (hereinafter referred to as traders), hauliers who carry registered animals (hereinafter referred to as hauliers), user facilities (6) and sanitation businesses (6a);
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) Article 15 of Act No. 246 / 1992 Coll., to protect animals against abuse.
6a) § 41 of Act No. 166 / 1999 Coll., as amended by Act No. 131 / 2003 Coll. '
9. in Article 2, at the end of point (t), the dot is replaced by a comma and the following points (u) to (y) are added:
"(u) the delegate is a legal person entrusted by the Ministry pursuant to Article 23c by the collection and processing of data in the central registration information system;
(v) holdings of any construction, establishment or place within the territory of one of the cadastral territories of the municipality where registered animals are kept, including open air farming;
(w) stables, in the case of fish, water tanks or other facilities, and in the case of bees, any operation, construction or site, or their design and technology, within one holding on which registered animals of one species are kept for the purpose of rearing them;
(x) a stables register for the registration of bovine, ovine and caprine animals kept in the stable; in the case of horses and donkeys and their cross-breeds, pigs, runners, poultry and farmed game (1), the register of animals on the holding, the book of catches and the chamber book of breeding animals and, in the case of non-breeding fish listed in the Annex to this Act, the economic record of the fish farming on the fish pond, the description sheet of the fishing industry and the record of the economic results achieved on the fishing farm, 6b)
(y) the birth of the father and mother or, where appropriate, the next generation of ancestors of the registered animal.
6b) Decree No. 296 / 2001 Coll., laying down the method of keeping economic records on ponds and records of economic results in fishing areas, the details of the selection procedure for the exercise of fishing rights in fishing areas and the competence of fishing holdings and amending Decree of the Ministry of Agriculture, Forestry and Aquaculture No. 103 / 1963 Coll., which is issued by the implementing provisions of the Fisheries Act, as amended. '
10. in Article 6 (6) (d), the words "the person responsible for the central register" shall be replaced by the words "the authorised person."
11. in Article 7 (6), the words "the person responsible for the central register (Article 23 (4))" shall be replaced by "the person responsible."
12. in Article 7 (8) (c), the words "the person responsible for keeping the central register" shall be replaced by "the person responsible."
13. in Paragraph 8 (2), the words "the person responsible for the central register" shall be replaced by "the person responsible."
14. in Paragraph 8 (3) (e), the words "persons responsible for central registration" shall be replaced by "authorised person."
15. in Article 11 (1) (f), the words "persons responsible for central registration" shall be replaced by the words "authorised person."
16. in Article 15 (1), the words "the person responsible for the central register" shall be replaced by "the person responsible."
17. in Article 16 (1) (c), the words "binding judgment (7)" shall be replaced by "veterinary health report" and footnote (7) shall be deleted;
18. in Articles 16 (2) (b), 16 (4) (e), 17 (2) (b), 17 (5) (c), 18 (2) (b), 18 (4) (e), 19 (4), 21 (7) and 10 (b), the words "the person responsible for managing the central register" shall be replaced by "the person responsible."
19. in Article 16 (4), the following point (d) is inserted after point (c):
"(d) the particulars and manner of issuing the veterinary health report referred to in paragraph 1 (c), ';
Point (d) shall be renumbered as point (e).
20. in Paragraph 17 (5) (c), the words "including dates" shall be inserted after the words "to the person responsible."
21. in Paragraph 18 (1) (c), the words "binding judgment (7)" are replaced by the words "veterinary health report";
22. in Paragraph 18 (4), the following point (d) is inserted after point (c):
"(d) the particulars and manner of issuing the veterinary health report referred to in paragraph 1 (c), ';
Points (d) and (e) shall be renumbered as points (e) and (f).
23. in Paragraph 21 (1), the second sentence is deleted;
24. Article 22, including the title and footnotes 7), 7a) and 7b) shall read as follows:
"Labelling
(1) Breeders of designated animals are required to ensure that they are marked by means of identification, in the manner and at the dates laid down in the Ordinance, in the case of breeding horses for which a breeding book is kept in the Czech Republic, through the appropriate recognised breeding association, in the case of horses for which a breeding book is not kept in the Czech Republic, and donkeys and their crosses with horses through an authorised person.
(2) When marking the marked animals referred to in paragraph 1, the breeder shall ensure that:
(a) labelling other than a specified means of identification or in a non-defined manner did not interfere with, or was not interchangeable with, labelling under this law and the Decree;
(b) means of identification have not been used repeatedly to indicate the animals marked.
(3) The designated person shall be obliged to:
(a) ensure that means of identification used for one species of identified animals differ in colour from those used for another species of identified animals, where appropriate for other sex of identified animals;
(b) allocate identification numbers and means of identification for the designated animals to breeders in the scope, manner and time limits laid down in the decree;
(c) at the request of the breeder, ensure the labelling of horses for which a breeding book is not kept in the Czech Republic, and donkeys and their cross-breeds with horses in the manner and within the dates laid down by the decree.
(4) For the labelling of breeding horses for which a breeding book is kept in the Czech Republic, the competent recognised breeding association shall:
(a) assign identification numbers to designated horses in the manner and within the dates laid down in the Decree;
(b) at the request of the breeder, ensure the marking of horses in the manner and within the dates laid down by the decree.
(5) A marked animal which is not marked in accordance with paragraph 1 cannot be moved. Turkeys marked in accordance with paragraph 1 may only be moved to registered holdings [§ 23 (1) (a) and § 23 (2) (a)] or registered establishments (establishments) [§ 23a (1) (a)] or to registered traders (§ 23a (2)).
(6) If the means of identification is lost or damaged which makes it impossible to identify the marked animal, or the particulars given therein become illegible, the breeder shall:
(a) ensure, within two working days, that the marking of the designated animal is carried out in an alternative manner so that it can be re-identified;
(b) to notify the person responsible without delay and at the same time request a duplicate identification device from him;
(c) upon receipt of a duplicate of the means of identification, identify the animal designated by it without delay.
(7) Removing or, where appropriate, removing the means of identification from the designated animal without replacing it, by another means of identification, may only be carried out after the death or killing of the designated animal, either in a rendering establishment or in a slaughterhouse; the breeder may remove the means of identification from the designated animal at home slaughter (7) of the designated animal or in the disposal of the dead or killed animal. 7a)
(8) The removal or, where appropriate, removal of the means of identification from the designated animal and its replacement by another means of identification may only be carried out:
(a) if the means of identification is damaged which makes it impossible to identify the marked animal or the particulars given therein become illegible (paragraph 6);
(b) in the cases provided for in the Order.
(9) After removing the identification device from the designated animal, the identification device must be disinfected and discarded so that it cannot be re-used.
(10) Turkeys originating in the Member States of the European Union and marking in accordance with European Union rules shall be regarded as being labelled in accordance with this Act and the Decree.
(11) Turkeys imported from third countries remaining on the territory of the Czech Republic shall be identified in the manner laid down in the Order no later than 72 hours after the arrival of the animal at the place of destination, in any case before leaving the holding to which the animal was imported, with the exception of turds imported to participate in the dispatch of the animals; (b) the authorised person records the original identification number of the animal in the central registration information system at the same time as the new identification number of the animal. In the event of further movement of the tubers imported into the seedling, 7b) they shall be marked as provided for in the decree within 72 hours of leaving the seedling site. 7b)
(12) The obligations referred to in paragraphs 1, 2 and 6 shall not apply to breeders who keep 1 pig intended for domestic slaughter (7) or not more than 3 sheep or goats and who do not apply for the subsidy or other financial support to such animals.
(13) The Decree provides:
(a) the types and models of means of identification and the technical requirements for means of identification;
(b) the particulars which must appear on the means of identification;
(c) the means and terms of labelling of the designated animals;
(d) the requirements for duplicates of means of identification and the particulars which must appear on duplicates of means of identification;
(e) cases where the means of identification may be removed and replaced by another means of identification;
(f) the manner in which the identification numbers and means of identification are secured by the person responsible, the manner in which they are recorded, issued and replaced, including dates.
7) Article 21 of Act No. 166 / 1999 Coll., as amended by Act No. 131 / 2003 Coll.
7a) § 40 paragraph 4 of Act No. 166 / 1999 Coll., as amended by Act No. 131 / 2003 Coll.
7b) § 3 (1) (e) of Act No. 166 / 1999 Coll., as amended by Act No. 131 / 2003 Coll. '.
25. Part 2, including the title and footnotes Nos 7c and 7d:
Registration
Obligations of breeders
(1) Breeders of registered animals, breeders of flocks of more than 100 head producing hatching eggs and, in the case of chickens, flocks of laying hens of more than 350 head, with the exception of breeders of breeding fish, breeders of non-breeding fish listed in the Annex to this Regulation and breeders referred to in Article 22 (12), are required to:
(a) register with the authorised person all their holdings together with identification details of their persons and any changes made after the date of registration to the extent, manner and within the time limits laid down by the Order;
(b) keep in the stable register the data provided for by the Order and keep them for at least 3 years from the date of the last alert; this obligation does not apply to bee breeders,
(c) to transmit to the authorised person the correct and complete information provided for in the Decree in the manner laid down by the Order and other information needed for breeding, provided that the breeders themselves provide it;
(d) notify the authorised person in the manner and within the time limits laid down by the Order of termination of his activity.
(2) Breeders of non-breeding fish listed in the Annex to this Act who own or hold such fish for sale or offer for sale (putting into circulation), with the exception of retail sales, and breeders of breeding fish are required to:
(a) register with the authorised person all their holdings together with identification details of their persons and any changes made after the date of registration to the extent, manner and within the time limits laid down by the Order;
(b) keep in the stable register the information provided for in the Decree in the manner laid down by that Order and keep it for at least 4 years from the date of the last entry;
(c) to transmit to the delegate the correct and complete information provided for by the Order, in accordance with the procedure laid down in that Order;
(d) notify the authorised person in the manner and within the time limits laid down by the Order of termination of his activity.
(3) The Ministry may decide, on the basis of a proposal from the control authorities (Section 24 (7)), to divide the already registered holding in the central registration information system into 2 or more holdings or to abolish the already registered holding in the central registration information system.
(4) Horsebreeders and donkeys and their cross-breeds and turnip breeders are also obliged to:
(a) require from the authorised person the identification of the horse or the accompanying certificate of bovine animals;
(b) ensure that, to the extent and in the manner laid down by the Decree, correct and complete data are added to the horse's or accompanying certificate and that any changes thereto are recorded;
(c) in the case of movements of a registered animal, also carry a horse passport or accompanying certificate; in the event of the death of the registered animal, hand over the horse's licence or accompanying certificate to the person responsible;
(d) if a horse's or a bovine accompanying document is lost or destroyed, the authorised person shall be required to issue a duplicate of the horse's or bovine accompanying document without delay.
(5) The Decree provides:
(a) specific rules for the definition of one farmer's holding for the purposes of its registration with the authorised person;
(b) the extent, manner and date of registration of the holdings and breeders referred to in paragraphs 1 and 2 with the authorised person, including the model of the breeder's registration card;
(c) the method and deadline for the notification of the cessation of the breeder's activity, including the model for the notification of the cessation of the breeder's activity.
Obligations of slaughterhouse operators, hatchery operators, assembly centres, traders, carriers, user facilities and rendering undertakings
(1) The operators of slaughterhouses, hatcheries, assembly centres, user facilities and rendering undertakings are obliged to:
(a) to register their establishments (establishments) and to notify the authorised person of any changes to the data relating to such establishments or to the person himself, to the extent, in the manner and within the deadlines laid down in the Decree;
(b) to transmit to the delegate the correct and complete information concerning the identification, number, movement and changes of registered animals to the extent, manner and time limits laid down in the decree;
(c) in the case of movements of the animal, to take over from the breeders the accompanying sheets of the bovine animals or the identification of the horses, the movement of the animal to another holding or establishment, or to the trader or carrier, together with the animal, to hand over the accompanying certificate of the bovine animals or to the horse;
(d) at the time of slaughter of the registered animal, arrange for the dispatch of a movement certificate of bovine animals or a horse passport to be issued to a person;
(e) notify the authorised person in the manner and within the time limits laid down by the Order of termination of his activity.
(2) Traders are required to:
(a) register with the authorised person and notify the authorised person of any changes relating to the registered data to the extent, manner and time limits laid down in the decree;
(b) to transmit to the delegate the correct and complete information concerning the identification, number, movement and changes to the registered animals in the manner, to the extent and within the deadlines laid down in the Decree;
(c) in the case of movements of the animal, to take over from the breeders the accompanying sheets of the bovine animals or the identification of the horses, the transfer of the animal to another holding or establishment, or to another trader or carrier, together with the animal, to hand over the accompanying sheet of the bovine animals or the identification of the horse;
(d) notify the authorised person in the manner and within the time limits laid down by the Order of termination of his activity.
(3) Carriers are required
(a) be registered under special legislation, 7c)
(b) on acceptance of the consignment of the animal, take over from the breeder or trader or from another carrier the accompanying sheets of bovine animals or the equine passport, on transfer of the consignment of the animal to another holding or establishment, or to a trader or another carrier together with the consignment of the animal, also carry over its accompanying certificate of bovine animals or the identification of the horse.
(4) The Order provides:
(a) the extent, manner and date of registration of establishments (establishments) and operators of slaughterhouses, hatchery operators, operators of assembly centres, traders, user facilities and rendering plants with the authorised person, including the model of registration card;
(b) the method and deadline for the notification of the cessation of activities of slaughterhouse operators, hatchery operators, assembly centres, traders, user facilities and rendering undertakings, including the model of the closure notification;
(c) the extent, manner and date of transmission of data to the slaughterhouse operator, hatchery operator, assembly centre operators, user facilities, rendering undertakings and traders entrusted to the person;
(d) the method and date of dispatch of the accompanying certificate of bovine animals and the horse passport by the slaughterhouse operator to the person responsible.
Central registration information system
(1) The central register information system is a public administration information system (7d) ensuring the collection, processing, use, provision, disclosure and storage of data by the central repository.
(2) The administrator and the operator of the central registration information system are the Ministry.
(3) The Ministry records in the central registration information system, to the extent provided for by the Decree, data on:
(a) holdings;
(b) breeders referred to in Article 23 (1) and (2),
(c) registered animals,
(d) slaughterhouse operators;
(e) hatchers;
(f) operators of assembly centres;
(g) traders;
(h) registered carriers,
(i) user devices;
(j) rendering undertakings.
(4) The data recorded in the central registration information system shall be kept on technical media and in writing; in the same form can also be transmitted.
(5) The authorised person shall provide the central register from the information system as provided for in the Order
(a) to the breeders referred to in Article 23 (1) and (2), details of their registered animals;
(b) to recognised breeders' associations, data registered and processed for the purposes of breeding and breeding animals which are recorded in the herd-book;
(c) to the authorised persons, details of the animals of the breeders for which they are engaged in the professional activity to which the Ministry has given its consent.
(6) The Ministry will be able to obtain from the information system the central registration of the Czech Breeding Inspection, veterinary authorities and the Czech Statistical Office all the information needed for control and statistical purposes, to the extent justified and necessary, as well as other public authorities.
(7) The Ministry will also be able to obtain data from the central repository information system to the competent authorities of the European Union, in particular the Commission.
(8) The Decree provides:
(a) deadlines for the incorporation of data into the central registration information system;
(b) the way in which data from the central repository information system referred to in paragraph 5 are provided.
Authorised person
(1) By collecting and processing data in the central registration information system, the Ministry shall entrust a decision issued on the basis of the results of the selection procedure to a legal person who proves that he is eligible:
(a) establish a system of identification numbers and a system of issuing and replacing means of identification, including a record of their issuing and replacement;
(b) to establish a system for the collection and processing of data, the system for the recording and transmission of data received to the database;
(c) to provide the forms necessary for obtaining data pursuant to Sections 23 and 23a;
(d) to issue movement certificates for bovine animals and horse licences;
(e) establish and maintain a database of the central register of breeders;
(f) ensure the protection and security of data stored in the central repository information system in such a way that they are not lost, damaged or misused.
(2) The authorised person shall:
(a) to provide the farmers referred to in Article 23 (1) and (2), the insemination persons referred to in Article 17, the slaughterhouse operators, hatchery operators, assembly centres operators, traders, user establishments and rendering undertakings with the forms necessary to provide the data provided for in the decree;
(b) collect data on registered animals, holdings and persons referred to in (a);
(c) to issue the movement certificates of bovine animals and the identification of horses to the breeders referred to in Article 23 (1) in the manner, to the extent and within the time limits laid down in the order;
(d) provide the breeders referred to in Article 23 (1) and (2) with instructions on how to provide data after their approval by the information system administrator and carry out an ongoing information and advisory service;
(e) keep evidence of the allocation of identification numbers and means of identification and their duplicates, the marking of horses and donkeys and their hybrids, the acquisition of data and their corrections, and the issuing of movement certificates of bovine animals and of equine animals and their duplicates;
(f) to supplement the database at the dates laid down in the Decree with collected and fully processed data;
(g) register breeding animals in the national register of breeding animals, keep a database of breeding animals and complete them by the dates laid down in the decree with correctly obtained and fully processed data;
(h) check the identification numbers of the animals and the accuracy of the data transmitted by the breeders referred to in Article 23 (1) and (2) and by the persons referred to in Article 23a; if the data are unreliable or incorrectly provided, call on the breeder or person referred to in Article 23a to remove them and to correct the data in the database;
(i) archiving and storing returned movement certificates of bovine animals, horse passports and registration records of breeders and other persons for at least 3 years;
(j) ensure the protection and security of data stored in the central repository information system against damage, misuse or loss;
(k) in the event of revocation of the delegation decision, to transmit all data and documents to the Ministry and to record such transmission;
(l) when moving an animal from a Member State of the European Union to the territory of the Czech Republic, return the movement certificate of bovine animals to the organisation which issued the movement certificate,
(m) separately register data incorrect or unlikely.
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Regulation Information
| Citation | Act No. 282 / 2003 Coll., amending Act No. 154 / 2000 Coll., on the breeding, breeding and registration of livestock and amending certain related laws (Breeding Act), as amended, and Act No. 500 / 1990 Coll., on the jurisdiction of the authorities of the Czech Republic in matters of State ownership transfers to other legal or natural persons, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.08.2003 |
|---|---|
| Effective from | 01.01.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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