Decree No. 296 / 2003 Coll.

Ordinance on animal health and protection, on the movement and transport of animals and on the authorisation and competence to carry out certain professional veterinary activities

Valid Order Effective from 12.09.2003
296
DECLARATION
of 3 September 2003
on animal health and protection, on movement and transport of animals and on the authorisation and competence to carry out certain professional veterinary activities
The Ministry of Agriculture provides pursuant to § 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., (hereinafter referred to as "the Act") for the implementation of § 5 (3), § 6 (9), § 8 (5), § 9b (3), § 17a (10) (a), (b) and (d), § 42 (5), § 51 (4), § 53 (6) (b), § 59 (8), § 64 (5) and § 70 (3) of the Act and in accordance with European Community law: 1)
§ 1
Subject matter
This decree provides for:
(a) specific animal health requirements for the environment in which the animals are kept, for their treatment and protection against diseases and diseases communicable from animals to humans;
(b) the particulars of the application for the issue of the animal health certificate and the particulars of the application for the issue of the health certificate, the particulars, the period of validity, the method and procedure for issuing the animal health certificate and the health certificate referred to in Article 6 (1) to (7) of the Act and the relevant time limits for the submission of those applications and for the issuing of the animal health certificate, details of the issuing of the veterinary certificate for the movement of bees, laboratory animals and circus animals, more detailed animal health conditions and requirements for the transport and care of animals during transport;
(c) details of the placing and keeping of animals in isolation, including the establishment of veterinary professional operations to be carried out in connection with the placing and keeping of animals in isolation and during isolation;
(d) the arrangements, material and personnel of the assembly centre, the animal health requirements for animals admitted to the assembly centre, the details of the application for approval of the assembly centre and the data recorded by the operator of the assembly centre;
(e) the animal health requirements to be complied with by the premises or other facilities used by the trader to hold purchased animals, the particulars of the application for the approval of the trader, the method of verifying the basic knowledge referred to in Article 9b (1) (d) of the Act;
(f) details of the inclusion of the herds, holdings and persons responsible for them in the monitoring network, details of the approval of veterinary practitioners for holdings, measures to ensure animal health and to prevent the spread of the disease in the event of non-compliance with the monitoring network conditions;
(g) the organisation, content and conditions of professional courses for the capture and treatment of stray and abandoned animals, including in animal shelters, and for the collection and disposal of pet carcases, as well as the organisation and content of the final examination;
(h) the particulars of the application for authorisation under Section 50 (1) of the Act and the application for authorisation under Section 51 (1) of the Act;
(i) model of the veterinary inspector's and official veterinary assistant's service cards;
(j) study subjects which must be included in the master's programme in the field of veterinary medicine and hygiene, and study subjects from which adequate knowledge and skills must be obtained, as referred to in Section 59 (1) of the Act, 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 of knowledge and certification,
(k) 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; and
(l) a more detailed procedure for the application of the compensation provided for in Article 67 of the Act and the formalities for requesting it,
(m) the content, scope and organisation of specialised training aimed at investigating wild game bodies, the manner and organisation of the verification of knowledge acquired, certification and the keeping of a list of trained persons.
Animal health requirements
(K § 5 (3) 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 micro-climatic conditions therein, (2) in particular adequate ventilation, temperature, humidity, noise and lighting levels;
(b) keep animals in stables, other premises and establishments 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. Electrical installations and equipment shall be maintained in such a condition that the animals are not exposed to the effects of 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 communicable 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;
(g) provide for 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 ensure, where necessary, the assembly of animals in an appropriately equipped place to carry out health tests or professional veterinary tasks to prevent and control diseases (e.g. protective vaccination, clinical examination of animals, blood collection, slaughter of animals).
§ 3
(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 (e.g. through opening, nets, scavengers),
2. storage of manure in accordance with specific legislation, 3)
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 buildings intended for animal husbandry, by the establishment of fences and a well-accessible manure and slurry farm in accordance with specific legislation, 4)
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 specific legislation on the conditions for the authorisation of buildings,
6. in the presence of a dangerous disease, or in the suspicion of its presence by means of entry and exit disinfectants,
7. the supply of water and feed to poultry and captive birds inside or under shelters,
8. Separate breeding of aquatic poultry from other poultry and captive birds,
(b) ensure that animals are cared for by persons with the necessary knowledge and experience.
(2) (5) 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 establishments, (5) for breeders who keep pet animals for business purposes and for zoos and circuses.
Veterinary certificate and health certificate
§ 4
(Paragraph 6 (9) of the Law)
(1) The time limit for the submission of an application for an animal health certificate for movement shall be at least:
(a) 2 working days before the date of the intended movement of the animal, if it is an animal for which the health tests necessary for the issue of the health certificate have been carried out. Their scope shall be determined by the State Veterinary Administration in accordance with the mandatory preventive and diagnostic acts [Paragraph 44 (1) (d) of the Act] to prevent and disseminate diseases and diseases communicable from animals to humans, as well as to combat them, carried out in the relevant calendar year ("compulsory preventive and diagnostic operations'),
(b) 14 days before the date of the expected movement of the animal in other cases.
(2) The health certificate shall contain information relating to the marking (identity) of the animal, its health status and the disease situation at the place of origin. Where additives or medicinal products have been administered to the animal, the health certificate shall also contain the data relevant for the assessment of withdrawal periods.
(3) In addition, the animal health certificate containing the health certificate attests to the information on the disease situation in the region where the place of origin of the animal is located.
(4) Where a certified animal is subject to the marking and registration obligation provided for in a specific legislation (6), the animal identification number and the farm registration number (6) of the place of origin or dispatch and destination shall be indicated in the veterinary certificate or, where appropriate, in the health certificate and / or in the health certificate, and in the farm registration number (6) of the place of origin or dispatch and destination, as the case may be, the central registration number of the place of origin or dispatch and destination. Where more than one animal is moved which is identified as assigned means of identification, the list of their identification numbers shall be part or attached to the health certificate.
(5) Unless otherwise specified, the period of validity of the health certificate or health certificate shall be 72 hours after its issue. However, the Regional Veterinary Administration or the Municipal Veterinary Administration in Prague (hereinafter referred to as the Regional Veterinary Administration) may, where justified, provide for a different period of validity of the veterinary certificate and indicate it in it.
(6) The breeder or, where appropriate, any other person who moves an animal shall transmit the health certificate issued for the movement of the animal to the new breeder to whom the animal is moved.
(7) The model animal health certificate for movement is set out in Annex 1. The animal health certificate and, where appropriate, the health certificate for the movement of the horse shall include the basic details of the horse and its verbal and graphic description corresponding to the requirements of the specific legislation. 7)
§ 5
When issuing the animal health certificate for the transfer of the mother bee, the county veterinary authority shall base the results of the laboratory examination of the colony on the nasal disease of bees, the mite disease of bees and varroasis.
§ 6
(1) Veterinary practitioners issuing veterinary certificates or health certificates shall have sufficient knowledge of the veterinary legislation in force concerning the certification of animals. They shall in general be informed of the rules to be followed when veterinary certificates or health certificates are issued and, where part of the veterinary certification requirements, of the type and extent of the examination, health tests and examinations to be carried out before the veterinary certificate or health certificate is issued.
(2) Veterinary practitioners issuing veterinary certificates or, where appropriate, health certificates may not sign incomplete or incomplete forms of such documents and may not issue veterinary certificates or health certificates concerning animals which have not been inspected.
(3) The veterinarian issuing the health certificate and, where appropriate, the health certificate may certify the particulars which were:
(a) certified by another person authorised by the competent Regional Veterinary Administration; or
(b) obtained in the framework of the exercise of national veterinary supervision or through epidemiological monitoring.
§ 7
Animal health and transport requirements
(K § 8 (5) of the Act)
(1) Only such facilities may be used for the loading, transhipment and unloading of animals, the use of which does not cause harm to animal health and is not caused by pain or suffering.
(2) When transporting animals, account should be taken of the requirements arising in particular from the mode of transport and the type of means of transport, the size, layout and equipment of the transport area, as well as the species and category of animals transported, their characteristics, number, weight and current health status.
(3) Means of transport may be used to transport animals,
(a) which are well-cleaned, disinfected and ventilable;
(b) which have a non-slippery floor and inner walls constructed from suitable, healthy and durable material and which are arranged and equipped in such a way as to avoid injury to the animals and that animals of different species and categories may be kept separately in case of transport by one means of transport;
(c) in which the animals have sufficient space to be transported in their natural position and in which they can be appropriately fixed or otherwise protected from shocks and impacts caused by the movement of the means of transport as appropriate.
(4) Means of transport with animals shall bear a symbol indicating the presence of animals therein and shall not be exposed to excessive shocks and impacts.
(5) It is not possible to store and transport goods in the transport area where animals are transported which could harm animal health or adversely affect the health of their products.
Animal isolation
[Paragraph 6 (9) (c) of the Act]
§ 8
(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,
(d) moved to a herd where the disease situation is better than that of the original herd.
(2) The animals shall be kept in isolation for at least the time strictly necessary to carry out the health tests in accordance with the mandatory preventive and diagnostic procedures laid down.
§ 9
(1) Animals subject to trade with Member States and animals imported from third countries may be kept on holdings in isolation in stables together with animals already kept in such stables. In that case, the whole holding shall be considered as isolation.
(2) In other cases, the animals are kept in isolation 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 animal husbandry structures and facilities susceptible to the same diseases as those in isolation;
(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;
(e) equipped to carry out health tests and to take samples for diagnostic purposes.
(3) Isolation shall begin by placing the last of the animals to be kept in isolation; the placing of an entire group of animals in isolation shall be carried out within a period not exceeding 5 days.
(4) During isolation
(a) other animals shall not be placed in stables, other premises and facilities where isolated animals are present;
(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 animals in isolation shall keep an animal isolation log ("the isolation log ') containing:
(a) particulars
1. start and end the placing of animals in isolation and start isolation;
2. the veterinary professional operations carried out on animals in isolation and the results thereof,
3. the movement of animals from stables, other premises and facilities in which they are kept in isolation to slaughterhouses and, where appropriate, the disposal of their carcases,
4. the veterinary checks carried out during isolation and the results thereof,
5. the cessation of isolation and movement of animals from isolation to breeding;
6. the cleaning and disinfection of stables, other premises and facilities in which the animals were kept during isolation;
(b) an inventory of the animals in isolation according to identification numbers and, where appropriate, in accordance with specific legislation;
(c) the name, surname and place of residence of the person responsible for keeping the isolation diary.
(6) The health certificates and health certificates accompanying animals placed in isolation are annexed to the isolation log.
§ 10
Termination of isolation 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.
§ 11
Veterinary requirements for the assembly centre
(Paragraph 9a (5) of the Law)
(1) The assembly centre must be:
(a) operationally separated from other structures and facilities serving animal husbandry;
(b) equipped
1. to the extent appropriate to the specified capacity of the animals for loading, unloading and suitable housing, supply, feeding and necessary treatment of the animals. This equipment shall be easy to clean and disinfect,
2. an animal isolation facility and an appropriate storage area for feed and litter;
3. appropriate means for cleaning and disinfection of rooms and their premises, as well as means of transport,
4. an adequate waste water disposal system and manure storage area;
5. suitably equipped rooms for state veterinary supervision,
6. suitably equipped premises for animal investigation,
(c) secured against the intrusion of other animals and the entry of unauthorised persons;
(d) regularly inspected for compliance with the animal health requirements laid down.
(2) Animals in the assembly centre must:
(a) be healthy, transported in a manner and under conditions appropriate to their health and well-being. In the period between leaving the holding of origin and arriving at the assembly centre, such animals shall not come into contact with other animals unless such animals have the same health status,
(b) come from areas where, for animal health reasons, the movement (transport) of animals of the species concerned is not restricted.
(3) The application for approval of the assembly centre shall contain:
(a) the address of the assembly centre;
(b) details of the owner or operator of the assembly centre (hereinafter referred to as "the operator") (name and, where appropriate, name, surname and place of residence, residence, 8) or residence, if any, if it is a natural person, or business name or business name and registered office, or the address of the organisational body in the Czech Republic, if it is a legal person);
(c) establishing the maximum capacity for each animal species for which the assembly centre will be used;
(d) facilities, buildings and means used to operate and evidence of their eligibility for such activity.
(4) The operator of the assembly centre shall record the following data:
(a) details of the breeder (name and / or name, surname and place of permanent residence, residence, 8) or residence, if any, if it is a natural person, or business name or business name or registered office, or the address of the organizational body in the Czech Republic, if applicable, if applicable, if applicable, if applicable, if applicable, if the legal person, the date of arrival of the animals, their number and category, the identification of the animals, if the animals are individually designated under a special legislation, (6) or the registration number of the economy (6) of origin, and the carrier's registration number and registration number of the vehicle transporting the animals to the assembly centre;
(b) details of the purchaser (name, surname and place of permanent residence, residence, 8) or residence, if any, if it is a natural person, or business name or business name and registered office, or the address of the organisational body in the territory of the Czech Republic, if applicable, if applicable, if applicable, the legal person, the date of departure of the animals, their number and category, the identification of the animals, if the animals are individually designated under the specific legislation, (6) or the registration number of the economy (6) of origin, the place of destination and the registration number of the carrier and the registration number of the vehicle of the exporting animals from the assembly centre;
(c) the residence of the animals in the assembly centre (examination, treatment, mortality, injury),
(d) copies of travel plans, veterinary certificates and records of checks;
(e) the date of disinfection after the animals have left the assembly centre.
(5) The application referred to in paragraph 3 shall be made by means of a form corresponding to the model issued by the National Veterinary Administration and published in the Bulletin of the Ministry of Agriculture of the Czech Republic.
(6) The Regional Veterinary Administration shall record the results of the on-the-spot check on compliance with the requirements for approval of the assembly centre.
§ 12
Veterinary requirements for bovine or porcine persons
(K § 9b (3) of the Act)
(1) A person trading in bovine animals or swine (hereinafter referred to as "trader") must, in accordance with Article 9b of the Act, use other premises and facilities for these animals which:
(a) are located in an area which is not subject to restrictive or prohibited veterinary measures;
(b) they:
1. the maximum capacity established for each animal species for which the buildings will be used;
2. appropriate facilities for the loading and unloading of animals and, if necessary, for housing, feeding, feeding and necessary treatment of animals. These devices shall be clean and disinfected,
3. an appropriate storage area for feed and litter,
4. adequate cleaning and disinfection equipment;
5. an establishment for the isolation of animals of sufficient capacity for all animals to be isolated in the event of a disease, a disease communicable from animals to humans or other diseases;
6. an adequate system for waste water disposal and manure storage,
7. suitably equipped premises for animal investigation,
(c) are cleaned and disinfected before use in accordance with the instructions of the official veterinarian;
(d) are regularly checked by the Regional Veterinary Administration for compliance with the animal health requirements laid down [§ 49 (1) (g) of the Act].
(2) The application for approval of a trader shall contain:
(a) details of the trader (name, surname and place of permanent residence, residence, 8) or residence, if any, in the case of a natural person, or of a business company or name and registered office, or, where applicable, the address of the organisational body in the territory of the Czech Republic, if applicable, the legal person), the identification number, if any, and the authorisation on the basis of which it carries on its activities;
(b) the listing, description and location of stables, other premises and facilities, as well as the means used for the activity and evidence of their eligibility for the activity.
(3) The trader records the following information:
(a) details of the breeder (name and, where applicable, name, surname and place of residence, residence, 8) or residence, if any, if it is a natural person, or business name or business name or registered office, or address of the organizational component in the Czech Republic, if applicable, if applicable, if applicable, if applicable, if applicable, if the legal person, the date of purchase of the animals, their number and category, the identification of the animals, if they are bovine animals, or the registration number of the holding of origin, if the pigs, the carrier's registration number or the registration number of the vehicle transporting of the animals;
(b) details of the purchaser (name, surname and place of residence, residence, 8) or residence, if any, if it is a natural person, or business name or business name or registered office, or address of the organisational body in the territory of the Czech Republic, if any, if it is a legal person), date of sale of the animals, number and category of animals, name of the animals, if it is a bovine animal, or registration number of the holding of origin, if it is pigs, place of destination of animals, carrier number or registration number of the vehicle of the exporting animals;
(c) the course of a business case (examination, treatment, mortality, injury);
(d) copies of travel plans, veterinary certificates and records of checks;
(e) the date of disinfection of the buildings, the date of disinfection of the vehicle after the last transport of the animals, the checks carried out by the authorities carrying out national veterinary surveillance.
(4) The Regional Veterinary Administration verifies the basic knowledge of persons employed by the animal care trader [§ 9b (1) (d) of the Act] from evidence of their expertise and experience.
(5) Article 11 (5) and (6) shall apply mutatis mutandis to the application referred to in paragraph 2 and its approval.
§ 12a
Veterinary requirements for persons trading in ovine or caprine animals
(K § 9b (3) of the Act)
(1) The application for approval of a person trading in ovine or caprine animals meeting the requirements laid down in specific legislation8a) contains:
(a) details of the person trading in ovine or caprine animals (name and / or name, surname and place of residence or residence or residence, if any), if any, 8, if it is a natural person, or business name or business name or registered office, or the address of the organisational body in the territory of the Czech Republic, if any, if any, if any, if it is a legal person, the identification number, if any, and the authorisation on the basis of which it carries out its activities;
(b) the listing, description and location of stables, other premises and facilities, as well as the means used for the activity and evidence of their eligibility for the activity.
(2) The Regional Veterinary Administration verifies the basic knowledge of persons employed by a person trading in sheep or goats for the care of animals (§ 9b (1) (d) of the Act) from evidence of their expertise and experience.
§ 13
Epizootic surveillance network
(Paragraph 17a (10) of the Law)
(1) Where an epidemiological surveillance network for bovine or porcine animals (hereinafter referred to as the "surveillance network ') is in place throughout the territory of the Czech Republic, all holdings with animals of the species concerned shall be included. If a monitoring network is established only in part of the territory of the Czech Republic, represented by one or more neighbouring regions (Section 3 (4) of the Act), all farms with animals of the relevant species in that region or in those regions, where appropriate; if the animal comes into the region where the surveillance network is established from a region where that network is not established, it shall comply with the requirements laid down for animals on holdings included in the monitoring network.
(2) Monitoring network participants must contribute to the proper functioning of the network by consistently respecting the conditions and requirements laid down. If the Regional Veterinary Administration finds that these conditions and requirements are not met by some of the network participants, it shall take appropriate measures both in terms of the purpose and continued functioning of the monitoring network and in view of the animal health and health of their products.
§ 14
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 organisation in the territory of the Czech Republic, identification number, if assigned, tax number and account number, if it is a legal person), registration number of the holding or, if it is a bee-keeper, registration number of the bee-keeper.
(3) The applicant shall accompany the application in particular:
(a) confirmation by the Regional Veterinary Administration that the costs and losses have been incurred or, where appropriate, that the animals have been killed or necessarily slaughtered in circumstances which give rise to entitlement to reimbursement of costs and losses, and that the costs have been effectively incurred;
(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 which was killed, necessarily slaughtered or necessarily slaughtered for diagnostic purposes.
(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 proof of the amount of loss of earnings or profits, or of the cost of accommodation and meals incurred.
Authorisation and competence to carry out certain professional veterinary activities
(Paragraph 51 (4) of the Law)
§ 15
(1) The application for authorisation to carry out laboratory or other veterinary diagnostic activities, as the case may be, or to operate an undertaking the object of which is the collection, collection, disposal, disposal and further processing of animal by-products (the rendering undertaking) contains:
(a) the name, name, surname, place of residence, residence (8) or residence and date of birth of the applicant, if any, if it is a natural person or a commercial firm, registered office or, where appropriate, the address of the organisational body in the Czech Republic and the applicant's identification number, if it is a legal person, as well as the names, surnames, permanent residence, residence (8) or the date of birth of persons who are its statutory authority and professional representative;
(b) the type and scope of activity required;
(c) place of activity, including its spatial layout, technical and sanitary equipment;
(d) if the rendering undertaking is operating, also the territorial area (crest) and the place where the animal by-products will be disposed of or further processed.
(2) The application for authorisation to carry out a veterinary rendering activity, if not an authorisation to operate a rendering undertaking, shall be subject to the provisions of paragraph 1 mutatis mutandis.

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Regulation Information

CitationDecree No. 296 / 2003 Coll., on animal health and protection, on the movement and transport of animals and on the authorisation and competence to carry out certain professional veterinary activities
Regulation TypeOrder
Author-
CollectionCode of Laws
Date of Promulgation12.09.2003
Effective from12.09.2003
Effective until-
Status Valid
The regulation text is for informational purposes only.
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