Decree No. 295 / 2003 Coll.
Ordinance on animal confiscation, disposal and further processing
Valid
Order
Effective from 10.09.2003
295
DECLARATION
of 3 September 2003
on animal confiscation, disposal and further processing
The Ministry of Agriculture provides pursuant to Section 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., ("the Act ') for the implementation of Sections 18 (5) (b), 37 (5) and 41 (5) of the Act:
Subject matter
(2) Confiscates of animal origin are governed by and governed by the provisions directly applicable to the European Community2. This decree regulates the procedure for the treatment of confiscates of animal origin and for the purposes of this decree:
(a) specified risk material - the materials referred to in point 1 of Annex V to Regulation (EC) No 999 / 2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies;
(b) high risk confiscates of animal origin - Category 2 materials referred to in Articles 4 and 5 of Chapter II of Regulation (EC) No 1774 / 2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption;
(c) low-risk confiscates of animal origin - Category 3 materials referred to in Article 6 of Chapter II of Regulation (EC) No 1774 / 2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption.
High risk confiscates of animal origin
(2) The Regional Veterinary Administration may provide that high-risk confiscates of animal origin must be disposed of by incineration or burial if:
(a) the transport of animals infected or suspected of being infected or infected by that disease to the nearest rendering plant is excluded because of the risk of spreading health risk;
(b) the animals are infected or suspected of being infected or communicable from or infected with animals to humans by that disease or disease, or are present with residues of substances which may present a danger to human or animal health and which could withstand insufficient heat treatment;
(c) the capacity of the rendering plant is overloaded as a result of the spread of the disease or disease communicable from animals to humans;
(d) high-risk confiscates of animal origin come from hard-to-access places; or
(e) the quantity of high risk confiscates of animal origin and the distance to which they would have to be transported does not justify their collection.
Specified risk material
The following shall be considered as specified risk material:
(e) certain other parts of the bodies of animals designated by the State Veterinary Administration, taking into account new knowledge of veterinary medicine and new requirements applied by European Community law, or on the basis of cooperation with foreign veterinary services and relevant international organisations, and published in the Bulletin of the Ministry of Agriculture.
(5) The specified risk material may also be disposed of in the manner and under the conditions set out in Article 4 (2), under the direction and under the supervision of the Regional Veterinary Administration, in particular if it comes from animals which have died or died in connection with the implementation of protective and control measures.
Low risk confiscation of animal origin
(2) Where low-risk confiscates of animal origin are processed in a petfood undertaking or in technical or pharmaceutical products, or in an undertaking which processes low-risk confiscates of animal origin arising from its activities, the Regional Veterinary Administration may, where justified, require that such confiscates be transported to a special place and stored and processed there under the conditions laid down in Article 9 (4).
(4) The treatment to which animal products derived exclusively from animals and not intended for human consumption must be subjected during the manufacture of petfood, as well as the conditions under which those products must be processed, shall, to the extent necessary for the protection of pet animals or for other animal health reasons, be determined by the Regional Veterinary Administration in accordance with Article 49 (1) (k) of the Act and in accordance with the criteria of European Community law.
Provisions common and final
(2) The authorities of the State veterinary supervision of the disposal and further processing of animal confiscates shall carry out such surveillance in particular in slaughterhouses, cutting plants, rendering plants, establishments using animal confiscates for the purposes set out in Section 10 and other facilities for storing or burning such confiscates. If these authorities find that the requirements of this decree are not complied with, they shall take measures in accordance with the law to remedy the deficiencies found. 7)
(1) The State Veterinary Administration shall keep and keep up to date a list of approved rendering undertakings with their assigned veterinary approval numbers as well as a list of registered undertakings producing pet food or technical or pharmaceutical products, or processing low-risk confiscates of animal origin arising from their activities; the approved and registered undertakings are under State veterinary supervision.
(2) The animal health approval number also indicates whether the undertaking concerned is processing high risk or low risk confiscates of animal origin as well as whether it produces feed of animal origin for pet animals or technical or pharmaceutical products.
(1) The State Veterinary Administration may, on the basis of an agreement with a Member State of the European Union (hereinafter referred to as "the Member State"), determine that the confiscation of animal origin shall be carried out in an undertaking within the territory of that Member State.
Efficacy
(1) This Decree shall take effect on the date of its publication, with the exception of Sections 5 (c) and 5 (d), which shall take effect on 1 October 2003, and with the exception of Section 1 (2), which shall take effect on the date of the entry into force of the Treaty of Accession of the Czech Republic to the European Union.
(2) Paragraph 5 (a) and (b) expires on 30 September 2003.
(3) Paragraph 1 (1), § 2, 3, § 4 (1) and (3), § 5 (c) and (d), § 6 (1), (2), (3) and (4), § 7, § 8 (1) and (3), § 9 (1), (2) and (3), § 10, 11, 12, 13, 14, § 15 (1), § 16, § 18 (2), § 19 and Annexes No 1, 2 and 3 to this decree cease to apply from the date of entry into force of the Treaty of Accession of the Czech Republic to the European Union.
Minister:
Ing. Palas v. r.
1) Paragraph 39 (2) of the Act.
2) Regulation (EC) No 999 / 2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies. Regulation (EC) No 1774 / 2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption. Commission Regulation (EC) No 1139 / 2003 of 27 June 2003 amending Regulation (EC) No 999 / 2001 of the European Parliament and of the Council as regards monitoring programmes and specified risk material.
3) § 3 (e) of Act No. 246 / 1992 Coll., on the protection of animals against abuse, as amended.
4) Paragraph 65 (1) (a) of the Law. Act No. 79 / 1997 Coll., on Medicines and on Amendments and Additions to Certain Related Acts, as amended. Act No. 258 / 2000 Coll., on the Protection of Public Health and on the amendment of certain related laws, as amended. Act No. 157 / 1998 Coll., on Chemicals and Chemicals, and amending certain other laws, as amended.
5) § 4 (4) (b) (2), § 17 (2) (c) of Act No. 86 / 2002 Coll., on Air Protection and on the amendment of certain other laws (Act on Air Protection).
6) Article 44 of Act No. 449 / 2001 Coll., on hunting, as amended.
7) Articles 22 (1) (a), 50 (5), 51 (3), 52 (1) (b), 53 (1) (f), 54 and 72 (1) (b) (3) of the Law.
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Regulation Information
| Citation | Decree No. 295 / 2003 Coll., on animal confiscation, disposal and further processing |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.09.2003 |
|---|---|
| Effective from | 10.09.2003 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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