Act No. 3 / 2019 Coll.
Act amending Act No. 154 / 2000 Coll., on Breeding, Breeding, Breeding and Registration of Breeding Animals and amending certain related laws (Breeding Act), as amended
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Effective from 25.01.2019
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3
THE LAW
of 19 December 2018
amending Act No 154 / 2000 Coll., on Breeding, Breeding, Breeding and Registration of Animals and amending certain related laws (Breeding Act), as amended
Parliament has decided on this law of the Czech Republic:
Act No. 154 / 2000 Coll., on the breeding, breeding and registration of livestock and on the amendment of certain related laws (Breeding Act), as amended by Act No. 162 / 2003 Coll., Act No. 282 / 2003 Coll., Act No. 444 / 2005 Coll., Act No. 130 / 2006 Coll., Act No. 182 / 2008 Coll., Act No. 227 / 2009 Coll., Act No. 181 / 2017 Coll., Act No. 183 / 2017 Coll., is amended as follows:
1. In footnote 1, the sentence "Council Directive 77 / 504 / EEC of 25 July 1977 on pure-bred breeding animals of the bovine species. Council Directive 79 / 268 / EEC of 5 March 1979 amending Directive 77 / 504 / EEC on pure-bred breeding animals of the bovine species. Council Directive 87 / 328 / EEC of 18 June 1987 on the admission of pure-bred breeding animals of the bovine species to breeding. Council Directive 88 / 661 / EEC of 19 December 1988 on zootechnical standards for breeding pigs. Council Directive 89 / 361 / EEC of 30 May 1989 on pure-bred breeding sheep and goats. Council Directive 90 / 118 / EEC of 5 March 1990 on the admission of pure-bred breeding pigs to breeding. Council Directive 90 / 119 / EEC of 5 March 1990 on hybrid breeding pigs. Council Directive 91 / 174 / EEC of 25 March 1991 on the zootechnical and genetic conditions governing the marketing of pure-bred animals and amending Directives 77 / 504 / EEC and 90 / 425 / EEC. Council Directive 94 / 28 / EC of 23 June 1994 laying down the principles of zootechnical and genealogical conditions governing imports of animals, semen, ova and embryos from third countries and amending Directive 77 / 504 / EEC on pure-bred breeding animals of the bovine species. ';
2. In footnote 2, the sentence "Council Regulation No 96 / 463 / EC of 23 July 1996 setting out the reference centre responsible for cooperation in the application of uniform procedures and methods of testing and evaluation of results of pure-bred bovine animals (96 / 463 / EC). 'is deleted and, at the end of the footnote, the sentence" Regulation (EU) 2016 / 1012 of the European Parliament and of the Council of 8 June 2016 on zootechnical and genealogical conditions for breeding of pure-bred breeding animals, hybrid breeding pigs and their germinal ents in the Union, for trade in and entry into the Union, amending Regulation (EU) No 652 / 2014 and Council Directives 89 / 608 / EEC and 90 / 425 / EEC and repealing certain acts in the field of breeding animals' is added. Commission Implementing Regulation (EU) 2017 / 717 of 10 April 2017 laying down detailed rules for the application of Regulation (EU) 2016 / 1012 of the European Parliament and of the Council as regards model zootechnical certificates for breeding animals and their germinal products. Commission Delegated Regulation (EU) 2017 / 1940 of 13 July 2017 supplementing Regulation (EU) 2016 / 1012 of the European Parliament and of the Council with regard to the content and format of zootechnical certificates issued for pure-bred breeding equidae contained in the single lifetime identification document for equidae. Regulation (EU) 2017 / 625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities carried out to ensure the application of food and feed law and rules relating to animal health and animal welfare, plant health and plant protection products, amending Regulations (EC) No 999 / 2001, (EC) No 396 / 2005, (EC) No 1069 / 2009, (EC) No 1107 / 2009, (EU) No 1151 / 2012, (EU) No 652 / 2014, (EU) 2016 / 429 / EC and (EU) 2016 / 2031, Council Regulation (EC) No 1 / 2005 and (EC) No 1099 / 2009 and Council Directives 98 / 58 / EC, 1999 / 74 / EC, 2007 / 43 / EC, 2008 / 119 / EC and 2008 / 120 / EC and repealing Regulation (EC).
3. in Article 1 (1) (a), the words "buffalo, horse, donkey" shall be replaced by "Bos taurus, zebu (Bos indicus), Indian buffalo (Bubalus bubalis), horse (Equus caballus), donkey (Equus asinus)";
4. In Article 1 (3), the words "and onwards' shall be inserted after the words" livestock '.
5. in Article 2 (1) (a):
"(a) breeding animals
(1) the main listed livestock referred to in Article 2 (9) and (10) of Regulation (EU) 2016 / 1012 of the European Parliament and of the Council of 8 June 2016 on zootechnical and genealogical conditions applicable to the breeding of pure-bred breeding animals, hybrid breeding pigs and their germinal products in the Union, for trade in and entry into the Union, amending Regulation (EU) No 652 / 2014 and Council Directives 89 / 608 / EEC and 90 / 425 / EEC and repealing certain acts in the field of animal breeding ("the Regulation on breeding animals"), ("Regulation (EU) 2016 / 1012"),
2. the main listed livestock listed in the supplementary section of the herd-book; and
3. Other listed livestock, for poultry and breeding fish and stocks, for bees and colonies registered in the breeding register, '.
6. in Article 2 (1) (b):
"(b) the subfamily Bovinae, comprising tooth, buffalo and tur genera, with the exception of wild animals (15),"
7. in Article 2 (1) (h):
"(h) the breeding register of the other listed livestock kept by a recognised breeding association which acts as a similar breeding book;"
8. In Article 2 (1), the words "and breeding programme referred to in Article 2 (26) of Regulation (EU) 2016 / 1012 'shall be added at the end of the text in point (i).
9. In Article 2 (1) (j), the words "State contribution organisation or recognised breeding association 'are deleted and the words" which' are replaced by the words "which '.
10. in Paragraph 2 (1), point (k) shall be deleted;
Points (l) to (t) shall be renumbered as points (k) to (s).
11. in Paragraph 2 (1) (r), the dot is replaced by a comma;
12. In Article 2 (1), the words "and trade and entry into the Union as referred to in Article 2 (21) and (22) of Regulation (EU) 2016 / 1012" shall be added at the end of the text in point (s).
13. in Article 2, at the end of paragraph 1, the dot is replaced by a comma and the following points (t) and (u) are added:
"(t) the main listed livestock species referred to in Article 2 (1) of Regulation (EU) 2016 / 1012;
(u) other listed livestock species of listed livestock not referred to in Article 2 (1) of Regulation (EU) 2016 / 1012. ';
14. in Article 3 (1), the second sentence is deleted;
15. in Article 3, paragraph 2 is deleted;
Paragraphs 3 and 4 shall become paragraphs 2 and 3.
16. In Article 3, paragraphs 4 and 5 are added:
"(4) The application for approval to carry out the professional activities referred to in Articles 7, 11 (4), 12 and 17 shall be submitted to the Ministry by means of a form the model of which shall be published by the Ministry on its website. The application shall contain, in addition to the general requirements laid down in the administrative rules:
(a) the activity covered by the application;
(b) the type of animal for which the professional activities will be carried out.
(5) The Annex to the application referred to in paragraph 4 shall be:
(a) proof of the applicant's activity;
(b) evidence of professional competence to carry out the testing and assessment of the person carrying out the testing and assessment and an overview of the technical equipment, if it is to give consent to the professional activities referred to in Section 7;
(c) proof of the conduct of international testing for a minimum period of 5 years, if it is to give consent to the professional activities referred to in Article 11 (4);
(d) a model certificate of verification of origin and a model certificate of determination of the genetic type, if it is to give consent to the professional activities referred to in Article 12;
(e) evidence of the applicant's professional competence to carry out insemination, if it is to grant consent to the professional activities referred to in Article 17. ';
17.
"Recognised Breeding Association
(1) The Ministry shall, upon request, recognise the breeders' association (s), an authorised person with the agreement to carry out professional activities under Section 7 or a public body as a recognised breeding association, provided that it fulfils the conditions set out in Section 5a (1) or Article 5b (1).
(2) A request for recognition of a breeding association shall be made to the Ministry by means of a form the model of which shall be published by the Ministry on its website. The application shall contain, in addition to the general requirements laid down in the administrative rules, the species of the animal and the breed for which the herd-book will be kept.
(3) The Annex to the application referred to in paragraph 1 shall be:
(a) the statutes and, where appropriate, any other founding document indicating the terms of membership and the right of breeders to participate in the breeding programme;
(b) the list of members;
(c) proof of the required education according to § 30;
(d) a model certificate of verification of origin or a model zootechnical certificate issued by a breeding association;
(e) the proposal for a breeding programme and the method for evaluating the results, together with an indication of the technical activity related to the management of its breeding programmes which it intends to subcontract to a third party where appropriate;
(f) a draft order of the herd-book which satisfies the conditions laid down in Article 9 or a draft order of the herd-register which satisfies the conditions laid down in Article 10; and
(g) a proposal for a method of keeping records, a herd book or a breeding register and a proposal for an effective system for checking compliance with the rules of the herd book or herd register and the system for checking the performance of the professional activities referred to in Sections 8, 11 and 11a.
Points (a) and (b) shall apply only where the legal nature of the applicant so permits. ';
18. The following Sections 5a to 5e are inserted after Section 5:
(1) In the case of the main listed livestock, the applicant shall comply with the conditions laid down in Regulation (EU) 2016 / 1012 for the breed society.
(2) A minimum of 1 person qualified under Article 30 (1) or (10) shall be considered as sufficient qualified personnel under Regulation (EU) 2016 / 1012.
(3) In addition to the obligations laid down by Regulation (EU) 2016 / 1012, the recognised breeding association shall, on the basis of their written request, provide the designated person or ministry with the information necessary for the performance of their tasks under this Act, except for information which constitutes the subject of the trade secret (6g), with the exception of those provided for in Regulation (EU) 2016 / 1012.
(1) In the case of other listed livestock, the applicant shall comply with the following conditions:
(a) is a legal person and has its registered office in the Czech Republic;
(b) it has persons who are competent under Paragraph 30 for their activities;
(c) demonstrate that the breed population is sufficiently large to implement an effective breeding programme, including selection and testing, or guarantees the conservation of the breed, if necessary;
(d) recognition does not jeopardise the maintenance of a breed or breeding programme of an already recognised breeding association; and
(e) the statutes and, where appropriate, any other founding document, shall contain in particular:
1. as the purpose of the activity of securing and protecting the common interests of members in the field of breeding and breeding of other listed livestock;
2. the right of breeders to become a member of a recognised breeding association and the conditions for such membership; and
3. the right of breeders to participate in the establishment and development of a breeding programme in accordance with the rules of procedure, the order of breeding records and the breeding programme.
Point (e) (2) shall apply only where the legal nature of the applicant so permits.
(2) A recognised breeding association is required in the case of other listed livestock
(a) conduct their activities in accordance with their breeding objective and breeding programme, evaluate and implement the breeding programme and publish its results at least annually;
(b) keep a breeding register in accordance with the rules of the breeding register and register poultry, breeding fish and bees in accordance with Article 10 (2);
(c) to check compliance with the rules of the breeding register;
(d) issue, verify and check certificates of origin for breeding animals, for poultry and breeding fish, certificates of origin for the parent flock;
(e) register and publish hereditary defects and peculiarities;
(f) ensure the evaluation of the other listed livestock and issue evidence of its outcome (Section 8 (2));
(g) provide the authorised person with information on breeding animals necessary for the collection and processing of data in the central registration information system;
(h) provide the designated person or ministry, upon written request, with the information necessary for the performance of their tasks under this Act, with the exception of information which constitutes the subject of trade secrets 6g); and
(i) ensure that disputes which may arise during the implementation of breeding programmes between breeders and between breeders and recognised breeders' associations are resolved in accordance with the rules laid down in the Rules of Procedure.
(3) The recognised breeding association has the right to:
(a) in the framework of their approved breeding programmes, determine and implement those breeding programmes independently, provided that they comply with all the conditions for their approval; and
(b) exclude breeders from participating in a breeding programme where the breeder does not comply with the rules of the breeding programme or does not comply with the obligations laid down in the rules of procedure or the rules of the breeding register.
(1) The Ministry shall approve the breeding programme submitted by the applicant or a recognised breeding association containing the particulars provided for in paragraph 2 or 3.
(2) The breeding programme for the main listed livestock contains:
(a) the particulars referred to in Article 8 of Regulation (EU) 2016 / 1012;
(b) the breeding target;
(c) keeping a herd book and the rules of the herd book;
(d) a system for checking the keeping of the herd-book; and
(e) a system for checking the performance of the professional activities referred to in Sections 8, 11 and 11a.
(3) The breeding programme for the other listed livestock contains:
(a) the minimum range of characteristics and characteristics to be monitored for each breed of other listed livestock;
(b) procedures for carrying out performance checks, performance tests, performance tests and assessments;
(c) the minimum range of characteristics and characteristics for which the breeding value is estimated;
(d) the manner and criteria for the evaluation and selection of breeding animals, breeding animals, flocks of poultry, breeding fish and hives;
(e) the content of evidence of the result of the evaluation, selection of breeders or recognition of breeding;
(f) the extent of the identification of health indicators, known hereditary defects and particularities;
(g) breeding target;
(h) keeping of the breeding register and the rules governing the breeding register;
(i) a system for checking the keeping of breeding records; and
(j) a system for checking the performance of the professional activities referred to in Sections 8, 11 and 11a.
(4) The amendment of the breeding programme may only be made following an amendment to the decision approving the breeding programme. The draft amendment shall be notified in writing to the Ministry by the recognised breeding association. If, within 30 days of the date of notification, the Ministry has not notified that it has decided otherwise, the amendment shall be deemed to have been approved. The recognised breeding association shall inform the breeders involved in its breeding programmes of the approved change. For the procedure for amending the decision approving the breeding programme, paragraph 1 shall apply mutatis mutandis.
(5) Where there is a discrepancy between an approved breeding programme and legislation or directly applicable European Union2), the Ministry shall invite a recognised breeding association to submit a proposal for an amendment to the approved breeding programme. Where a recognised breeding association does not submit a draft amendment within 60 days of the date of receipt of the request, the decision approving the breeding programme shall cease to be valid on the expiry of the last day of that period. Otherwise, the Ministry shall decide to amend the decision approving the breeding programme. For the procedure for amending the decision approving the breeding programme, paragraph 1 shall apply mutatis mutandis.
The recognised breeders' association is entitled to perform the professional activities provided for in Section 7. The rights and obligations laid down in Section 7 for the beneficiary shall apply mutatis mutandis to the recognised breeders' association.
(1) The Ministry shall revoke the recognition decision if the recognised breeding association:
(a) no breeding programme approved;
(b) seriously infringes the obligation to carry out the professional activities provided for in Article 7; or
(c) request the revocation of recognition in writing.
(2) The Ministry shall also withdraw the recognition decision for the main listed livestock if the recognised breeding association seriously infringes the obligation to carry out the professional activities provided for in Regulation (EU) 2016 / 1012.
(3) The Ministry shall repeal the recognition decision in the case of other listed livestock also if the recognised breeding association seriously infringes the obligation laid down in this Act or changes the fact which is applicable to its recognition.
(4) The Ministry may revoke the recognition decision in the case of the other listed livestock if the recognised breeding association repeatedly violates in a less serious manner the obligation laid down in this Act. '
19.
Breeding pig holding
(1) The Ministry shall, upon request pursuant to Article 4 of Regulation (EU) 2016 / 1012, recognise a breeding association, an authorised person with the consent to carry out professional activities pursuant to Article 7, a private undertaking operating in closed production systems or a public body as a pig breeding undertaking if it fulfils the conditions laid down in Regulation (EU) 2016 / 1012 for a breeding undertaking.
(2) A minimum of 1 person qualified under Article 30 (1) or (10) shall be considered as sufficient qualified personnel under Regulation (EU) 2016 / 1012.
(3) The application for recognition of a pig breeding undertaking shall be submitted to the Ministry by means of a form the model of which shall be published by the Ministry on its website. The application, in addition to the general requirements laid down in the administrative rules, shall contain the name of the hybrid pig for which the breeding register shall be kept.
(4) The Ministry shall approve the breeding programme submitted by the applicant or pig breeding establishment, which shall include in particular:
(a) the particulars referred to in Article 8 of Regulation (EU) 2016 / 1012;
(b) the breeding target;
(c) keeping a breeding register and the rules of the breeding register;
(d) the system of marking of animals,
(e) the system of registration of parents,
(f) a system for checking the keeping of the breeding register;
(g) a system for the testing and assessment of pigs in their own or contractual holdings; and
(h) the system for monitoring the performance of the professional activities referred to in Sections 8, 11 and 11a.
(5) The amendment of the breeding programme may only be made following an amendment to the decision approving the breeding programme. The draft amendment shall be notified to the Ministry in writing by the pig breeding undertaking. If, within 30 days of the date of notification, the Ministry has not notified that it has decided otherwise, the amendment shall be deemed to have been approved. The pig breeding undertaking shall inform the breeders involved in its breeding programmes of the approved change. For the procedure for amending the decision approving the breeding programme, paragraph 4 shall apply mutatis mutandis.
(6) In the event of a discrepancy between the approved breeding programme and the legislation or directly applicable European Union2), the Ministry shall invite the pig breeding undertaking to submit a proposal for an amendment to the approved breeding programme. If the pig breeding undertaking does not submit the draft amendment within 60 days of the date of receipt of the request, the decision approving the breeding programme shall cease to be valid on the last day of that period. Otherwise, the Ministry shall decide to amend the decision approving the breeding programme. For the procedure for amending the decision approving the breeding programme, paragraph 4 shall apply mutatis mutandis.
(7) A pig breeding undertaking is entitled to carry out professional activities under Section 7. The rights and obligations laid down in Section 7 for an authorised person shall apply mutatis mutandis to a pig breeding undertaking.
(8) The Ministry shall revoke the recognition decision if the pig breeding establishment:
(a) no breeding programme approved;
(b) seriously infringes the obligation to carry out professional activities provided for in Article 7 or Regulation (EU) 2016 / 1012; or
(c) request the revocation of recognition in writing. ";
20. The heading of Section 7 reads:
"Performance check, performance tests, performance tests, inheritance checks, assessment of the characteristics, characteristics and health indicators of the listed livestock and performance testing '.
21. In Article 7 (1), the words "performance tests and assessments" are replaced by the words "performance tests, verification of inheritance, assessment of the characteristics, characteristics and health indicators of the listed livestock and performance testing of the main listed livestock referred to in Article 25 of Regulation (EU) 2016 / 1012."
22. in Paragraph 7 (3), the introductory part of the provision reads: "The beneficiary is obliged."
23. in Article 7 (3) (a), the word "her" shall be inserted after the word "if."
24th Paragraph 7 (4) reads:
"(4) The checks on the inheritance of the health and assessment of the health characteristics of the listed livestock under the breeding programme shall be carried out by breeders, authorised persons, recognised breeders' associations or by an authorised person. ';
25. In Section 8, the words "genetic evaluation 'shall be inserted after the word" Evaluation'.
26. in Article 8 (3), the words "and genetic evaluation in accordance with Article 25 of Regulation (EU) 2016 / 1012" shall be inserted after the words "livestock values."
27. In Section 9, the words "and breeding registers' shall be added after the words" Breeding books'.
28. Paragraph 9 (1) is deleted.
Paragraphs 2 to 4 shall be renumbered paragraphs 1 to 3.
29. in Paragraph 9 (1):
"(1) The breeding book referred to in Article 2 (12) of Regulation (EU) 2016 / 1012 shall be kept by a recognised breeding association according to the rules of the breeding book. The breeding register referred to in Article 2 (17) of Regulation (EU) 2016 / 1012 shall be kept by the pig breeding establishment according to the rules of the breeding register. ';
30. Paragraph 9 (2) is deleted.
Paragraph 3 shall become paragraph 2.
31. in Paragraph 9 (2):
"(2) The Decree lays down the requirements for the content of the herd book and breeding register."
32. The following Section 11a is inserted after Section 11:
Zootechnics certificates
The zootechnical certificates referred to in Chapter VII of Regulation (EU) 2016 / 1012 shall be issued by a recognised breeding association or pig breeding undertaking. ';
33. In Article 12, at the end of paragraph 3, the dot is replaced by a comma and the following point (f) is added:
"(f) rams, goats and stallions included in insemination."
34. In Title III, the words "INDIC, ZEBU 'shall be inserted after the words" BUVOLS'.
35. in Article 15 (1), the words "bovine, buffalo, zeba, horses, donkeys, pigs, sheep and goats" shall be inserted after the words "For breeding."
36. In Article 15 (4), the words "referred to in paragraph 1 'shall be inserted after the words" animals'.
37. in Paragraph 17 (4), the text "(Paragraph 30 (4))" is replaced by "Article 30 (5)."
38. Paragraph 21 (1) to (7) reads as follows:
"(1) Breeding animals born in the Czech Republic, hatching eggs of poultry and fish and bee breeding material may be put into circulation as breeding animals, provided that:
(a) are permanently marked or, if the hatching eggs of poultry are concerned, individually marked, with the exception of breeding fish and bees;
(b) are accompanied by a zootechnical certificate with an identity verification, in the case of breeding animals referred to in Article 2 (1) (a) (1), or by a certificate of origin, in the absence of breeding animals referred to in Article 2 (1) (a) (1), and
(c) are accompanied by a certificate of verification of origin or a genetic type, if the animals referred to in Article 12 (3) and (5) are not covered by the zootechnical certificate referred to in (b).
(2) Breeding animals born in other Member States of the European Union may be put into circulation as breeding animals if they comply with European Union1), 2) and are accompanied by:
(a) a zootechnical certificate in the case of breeding animals referred to in Article 2 (1) (a) (1); or
(b) a certificate of origin certifying their registration in the herd-book of the Member State of the European Union concerned or having the capacity to be entered there, in the absence of breeding animals referred to in Article 2 (1) (a) (1).
(3) Breeding animals born in third countries may be put into circulation as breeding animals when accompanied by:
(a) a zootechnical certificate issued by a breeding body appearing on the list of breeding bodies referred to in Article 34 of Regulation (EU) 2016 / 1012 in the case of breeding animals referred to in Article 2 (1) (a) (1); or
(b) a certificate of origin from which their entry in the herd book or breeding register is evident and proof that they will be entered in the herd book or breeding register in the Czech Republic or another Member State of the European Union;
(1) in the case of breeding animals referred to in Article 2 (1) (a) (1) and the certificate of origin has not been issued by a breeding body appearing on the list of breeding bodies referred to in Article 34 of Regulation (EU) 2016 / 1012; or
2. in the case of breeding animals referred to in Article 2 (1) (a) (2) or (3).
(4) The semen of breeding animals and animals entered in a breeding register produced in semen collection centres in the Czech Republic may be put into circulation if the semen packaging contains data ensuring its identification, and
(a) in the case of breeding animals referred to in Article 2 (1) (a) (1), is accompanied by a zootechnical certificate verifying identity; or
(b) in the absence of breeding animals as referred to in Article 2 (1) (a) (1), it shall be accompanied by:
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Regulation Information
| Citation | Act No. 3 / 2019 Coll., amending Act No. 154 / 2000 Coll., on Breeding, Breeding and Registration of Breeding Animals and amending certain related laws (Breeding Act), as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.01.2019 |
|---|---|
| Effective from | 25.01.2019 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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