Decree No. 3 / 2009 Coll.
Ordinance on professional competence to exercise supervision in the area of animal protection against abuse
Valid
Effective from 22.01.2009
3
DECLARATION
of 22 December 2008
on professional competence to exercise supervision in the area of animal protection against abuse
The Ministry of Agriculture provides, pursuant to Article 29 (1), for the implementation of Article 26 (2) of Act No. 246 / 1992 Coll., for the protection of animals against abuse, as amended by Act No. 312 / 2008 Coll., hereinafter referred to as "the Act ':
Subject matter
This Decree regulates the content and scope of the professional course for obtaining competence to exercise supervision in the area of animal protection against abuse, requirements for training centres, the composition of the test committee, the course of the examination, the conditions and manner of issuing certificates of competence to exercise supervision in the section of animal protection against abuse and the model certificate of competence to exercise supervision in the section of animal protection against abuse.
Training and acquisition of a certificate of competence to exercise supervision in the area of animal protection against abuse
(1) The training course is organised by a university with an accredited veterinary study programme (hereinafter referred to as the "training centre"). The list of training centres shall be published in a way that allows remote access.
(2) The training course is held within 35 hours of theoretical teaching. The duration of the lesson is 45 minutes.
(3) The content of the vocational course is the issue of the protection of animals against abuse, in particular:
(a) the provisions of the law and the implementing legislation to which it relates;
(b) the rules of the European Communities (1) and the international treaties of the Council of Europe on the protection of animals against violence (2);
(c) the selected parts of other legislation in relation to the protection of animals and the exercise of surveillance in breeding and trials, in relation to administrative penalties and the facts of the animal abuse offences set out in Annex 1 to this Regulation;
(d) the principles of the legal system of the Czech Republic, the Constitution and the Charter of Fundamental Rights and Freedoms, the types of legislation, the publication of legislation, the explanation of basic legal concepts,
(e) methodology for carrying out checks on the section of animal protection against abuse, processing of information and data in the animal protection programme, information systems of the State Veterinary Administration of the Czech Republic,
(f) historical developments in the area of animal protection against abuse, the ethical and economic importance of animal protection against abuse.
(4) At the end of the vocational course, the examination shall be carried out in writing and, where appropriate, oral examination to verify the expertise acquired. The written test shall be evaluated by the Examination Committee by assessing each correct response with one point. A minimum of 80 per cent of the total number of points shall be achieved for a successful test. In the event that the participant does not reach 80 per cent of the points but reaches more than 60 per cent of the points, he shall be invited immediately to the oral examination before the examination committee, which, according to the knowledge of his expertise, shall decide whether he will be given a certificate of competence to exercise supervision on the area of animal protection against abuse. The outcome of the oral examination shall be decided by the examination committee by voting. Decisions shall be taken by an absolute majority. Each member of the examination committee shall have 1 vote. The test result is assessed successful or failed.
(5) The examination shall be carried out by a three-member examination committee composed of veterinary experts, the Ministry of Agriculture and the training centre. The Chairman of the Examination Board shall always be an employee of the Ministry of Agriculture. The members of the examination committee shall be qualified in accordance with Section 26 (1) of the Act or professional practice in the field of animal protection and welfare in the animal protection authorities referred to in the sentence for at least 3 years.
(6) A report shall be drawn up by the Examination Committee on the course and the result of the examination, stating the name and / or names of the members of the Examination Committee, the date and place of the examination, the identification data of the participants in the training course and the results of their evaluation. The protocol shall be signed by all members of the examination committee.
(7) The Ministry of Agriculture shall issue a certificate of professional competence for the supervision of the animal protection section of the training course which has succeeded in the examination. The model of the certificate of professional competence for the supervision of the animal protection against abuse is set out in Annex 2 to this decree.
(8) A participant in a training course who has failed the test may request that it be repeated no later than 3 months after the failure to pass the test. A participant in a vocational course may repeat the examination without re-taking the vocational course only once, at least 1 month after the failure to pass the examination. For repeated testing, paragraphs 4 to 7 shall apply mutatis mutandis.
(9) A participant in a vocational course who has failed to pass the examination and has not applied for it to be repeated no later than 3 months from the date on which he was notified that he had failed the examination, will again take the course before the next examination.
Efficacy
This Decree shall take effect on the 15th day following its publication.
Minister:
Mgr. Gandalovich v. r.
Příloha č. 1
Annex No 1 to Decree No 3 / 2009 Coll.
Selected parts of other legislation in relation to the protection of animals and the exercise of surveillance in breeding and trials, in relation to administrative punishment and the facts of animal abuse offences
Selected parts of other legislation in relation to the protection of animals and the exercise of surveillance in breeding and over experiments means in particular the selected parts
(a) legislation governing infringement and administrative delicacies,
(b) the criminal law;
(c) legislation on conservation of nature and landscape, trafficking in endangered species, the operation of zoos, hunting and fishing;
(d) the Civil Code;
(e) the Law on the Police of the Czech Republic and the Law on Weapons,
(f) State control law;
(g) legislation governing technical requirements for agricultural buildings and farming methods in relation to the protection and welfare of animals;
(h) the legislation governing the organisation of work and working practices which the employer is obliged to ensure in the course of work relating to the breeding of animals;
(i) legislation governing the right of access to information, copyright, classified information, liability for damage caused in the exercise of public authority by decision or by maladministration;
(j) legislation governing municipal and regional establishment.
Příloha č. 2
Annex No 2 to Decree No 3 / 2009 Coll.
Model of certificate of competence for supervision in the area of animal protection against abuse
1) For example, Council Regulation (EC) No 1255 / 97 of 25 June 1997 on Community criteria for stop points and amending the road map set out in the Annex to Directive 91 / 628 / EEC, Council Regulation (EC) No 1040 / 2003 of 11 June 2003 amending Regulation (EC) No 1255 / 97 as regards the use of stop points, Council Regulation (EC) No 1 / 2005 of 22 December 2004 on the protection of animals during transport and related activities and amending Directives 64 / 432 / EEC and 93 / 119 / EC and Regulation (EC) No 1255 / 97.
2) Protocol concerning sanitary, phytosanitary and animal protection measures in relation to trade with the Europe Agreement establishing an association between the Czech Republic, of the one part, and the European Communities and their Member States, of the other part, No 200 / 1998 Coll. European Agreement on the protection of animals kept for farming purposes, No 19 / 2000 Coll. s. European Agreement on the protection of animals for international transport, No 20 / 2000 Coll. European Agreement on the protection of animals kept for farming purposes, No 21 / 2000 Coll. s. European Agreement on the protection of animals for slaughter, No 114 / 2003 Coll. s. European Agreement on the protection of vertebrate animals used for experimental and other scientific purposes, No 116 / 2003 Coll.s. Protocol on the amendment of the European Agreement on the protection of vertebrate animals for experimental and other scientific purposes, No 118 / 2006 Coll.m.s.
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Regulation Information
| Citation | Decree No. 3 / 2009 Coll., on professional competence to exercise supervision on the section of animal protection against abuse |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.01.2009 |
|---|---|
| Effective from | 22.01.2009 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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