Act No. 312 / 2008 Coll.
Act amending Act No. 246 / 1992 Coll., on the Protection of Animals against Abuse, as amended, Act No. 634 / 2004 Coll., on Administrative Charges, as amended, and Act No. 114 / 1992 Coll., on the Conservation of Nature and Landscape, as amended
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Effective from 01.10.2008
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01.10.2008
21.08.2008
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312
THE LAW
of 17 July 2008
amending Act No. 246 / 1992 Coll., on the Protection of Animals against Abuse, as amended, Act No. 634 / 2004 Coll., on Administrative Charges, as amended, and Act No. 114 / 1992 Coll., on the Conservation of Nature and Landscape, as amended
Parliament has decided on this law of the Czech Republic:
Amendment to the Animal Protection Act against Abuse
Act No. 246 / 1992 Coll., for the protection of animals against abuse, as amended by Act No. 162 / 1993 Coll., Act No. 193 / 1994 Coll., Act No. 77 / 2004 Coll., Act No. 413 / 2005 Coll. and Act No. 77 / 2006 Coll., is amended as follows:
1. In Article 1, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) This Act incorporates the relevant provisions of the European Community1) and regulates, following the directly applicable provisions of the European Communities (1a)
(a) the requirements and conditions for the protection of animals against abuse;
(b) the rights and obligations of natural and legal persons in the area of the protection of animals against abuse, including their qualification and competence requirements; and
(c) the system, scope and competence of the authorities performing the administration on the section for the protection of animals against abuse.
1) Council Directive 86 / 609 / EEC of 24 November 1986 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the protection of animals used for experimental and other scientific purposes, as amended. Council Directive 93 / 119 / EC of 22 December 1993 on the protection of animals at the time of slaughter or killing. Council Directive 98 / 58 / EC of 20 July 1998 on the protection of animals kept for farming purposes. Directive 2003 / 65 / EC of the European Parliament and of the Council of 22 July 2003 amending Council Directive 86 / 609 / EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to the protection of animals used for experimental and other scientific purposes.
(1a) Council Regulation (EC) No 1255 / 97 of 25 June 1997 on Community criteria for stop points and amending the travel plan set out in the Annex to Directive 91 / 628 / EEC. Council Regulation (EC) No 1040 / 2003 of 11 June 2003 amending Council 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 Council Regulation (EC) No 1255 / 97. ';
Footnotes 1 to 1g to date shall be renumbered as footnotes 1b to 1i, including footnote references.
2. in Article 3 (a), the words "including a wild animal and its independent life-capable form," shall be deleted;
3. in Article 3 (f):
"(f) a handicapped animal, a wild animal which, as a result of injury, illness or other circumstances, is temporarily or permanently unable to survive in the wild,"
4. in § 3 (g):
"(g) the species of animal requiring special care, the species of pet animal which, due to its biological characteristics, has special treatment requirements, location, feeding, drinking or treatment,"
5. Paragraph 3 (j) reads as follows:
"(j) an experimental animal of any animal used or intended to be used for experiments, including wild animals, independent life-forms capable of larval forms or reproduction capable of larval forms,";
6. in Article 3 (k), the words "animal setups, 1c)" shall be replaced by the words "their public appearances,";
7. In Paragraph 3 (l):
"(l) a laboratory animal which has been bred in a breeding establishment for experimental purposes,"
8. in § 3 (u), the word "anxiety" is inserted after the word "pain."
9. in § 3, points (w) to (y) are deleted;
Points (z) to (j) shall be renumbered as points (w) to (gg).
10. in § 3, points (bb) to (ff) are deleted;
The current point (gg) is renumbered as the point (bb).
11. in § 3 (bb):
"(bb) intensive breeding where breeding methods are used in which livestock are kept in such numbers or density, or under such conditions, or at a level of production that their health and well-being depend on the frequent supervision of humans."
12. in Article 4 (1) (f), the words "with the exception of the training of hunting predators" shall be inserted after the words "on another live animal," and the words "Paragraph 14 (7)" shall be replaced by the words "Paragraph 14 (8)";
Footnote 1e:
"1e) § 44 (2) of Act No. 449 / 2001 Coll., on hunting."
footnotes 1e to 1i shall become footnotes 1f to 1j, including the footnotes.
13. in Article 4 (1) (g):
"(g) perform surgical procedures to change the appearance or other characteristics of the animal, even if those procedures would be carried out using devices for general or local numbness, painkillers or other methods, not involving cases referred to in § 7 (3) and (4), in particular:
1. to copy the ears, destroy the vocal cords or use other means to reduce the vocal manifestations of animals or to amputate claws, teeth, poison or odour glands for reasons other than health,
2. for reasons other than health, cut antlers or parts of antlers in the development phase of live tissue;
3. damage the bones, muscles or nerves of the wings of birds older than 3 days to prevent them from flying, '.
14. in Article 4 (1) (t), the words "special legislation1g)" are replaced by the words "Fisheries Act and Nature Conservation Act and Lands1g)."
Footnote 1g:
"1g) Act No. 99 / 2004 Coll., on the Pond, the exercise of fishing law, the Fisheries Guard, the Conservation of Marine Fishery Resources and amending certain laws (Fish Act), as amended. Act No. 114 / 1992 Coll., on the Conservation of Nature and Landscape, as amended.
15. in Paragraph 4 (1), at the end of the text of point (u), the words "if provided for in specific legislation (1h)" shall be added.
Footnote 1h:
"(1h) Act No. 154 / 2000 Coll., on the breeding, breeding and registration of livestock and on the modification of certain related laws (Breeding Act), as amended. Decree No. 136 / 2004 Coll., laying down the details of the marking of animals and their registration and registration of holdings and persons provided for by the Breeding Act. '
Footnotes 1h to 1j to date shall be renumbered as footnotes 1i to 1k, including footnote references.
16. in Paragraph 4 (1), point (w) is deleted;
The current point (x) shall be renumbered as point (w).
17. In Paragraph 4, the dot is replaced by a comma at the end of paragraph 1 and the following point (x) is added:
"(x) any other act resulting in the suffering of the animal."
18. in Paragraph 4 (3), the words "armed security corps" shall be replaced by the words "security corps" and the words "according to test rules recognised by the International Kynology Federation (FCI). This method of education and training of the animal and, where appropriate, dogs shall be carried out in accordance with the approved animal protection rules for breeding (Section 8 (7)) and, where appropriate, in accordance with the approved animal protection rules for public disembarkation or segregation (Section 8 (6)) 'shall be replaced by the words" in the interest of interest. This method of education and training shall be carried out in accordance with the approved animal protection rules in public appearance (§ 7a (1)).'
19. Paragraph 4 (4) is deleted.
20. in Article 4a (a), the words "or the dispatch of animals" shall be deleted;
21. In Paragraph 4a (b), the words "capture or killing" shall be inserted after the words "or training," the words "joined" shall be replaced by the words "joined" and the words "under this law" shall be replaced by the words "as defined by this law."
22. footnote 2a reads:
"2a) Act No. 449 / 2001 Coll., as amended. Act No. 99 / 2004 Coll., as amended. '
23. Footnote 2e:
"2e) Act No. 114 / 1992 Coll., as amended. Act No. 100 / 2004 Coll., on the protection of species of wild fauna and flora by regulating trade in them and other measures to protect those species and amending certain laws (Act on Trade in Endangered Species), as amended by Act No. 444 / 2005 Coll. '
24. Footnote 2f reads:
"2f) Act No. 120 / 2002 Coll., on the conditions for the placing on the market of biocidal products and active substances and amending certain related acts, as amended. Act No. 326 / 2004 Coll., on Plant Health and the amendment of certain related laws, as amended. '.
25. in Article 5 (3), the words "livestock" are replaced by the words "animals for slaughter";
26. in Paragraph 5 (4):
"(4) For the industrial processing of fish, the competent authority of the veterinary authority may authorise an exemption from paragraph 3 where the technology allows the processing of fish immediately after their slaughter. ';
27. in the first sentence of Article 5 (5), the word "Ministry" shall be replaced by the words "Ministry of Agriculture (hereinafter referred to as" Ministry ") and the sentence" Church or religious society may carry out such slaughter of animals only under the animal health conditions laid down by the veterinary authority for each establishment. "
28. In the heading of Part Two, the words "or animals' shall be deleted.
29. in Article 5a (1), the words "or culling" shall be replaced by the words "killing or otherwise killing."
30. In Paragraph 5a (3), the words "killing or spending 'are replaced by" slaughtering, spending or otherwise killing'.
31. in Article 5a (5), the word 'slaughterhouses' shall be replaced by 'establishments carrying out the slaughter, killing or other killing of an animal';
32. in Article 5b (2), the last sentence is replaced by the following: "The length of the journey shall not exceed 100 km. The breeder shall not transport animals whose transport is prohibited directly by the provisions of the European Communities governing the protection of animals during the transport and official control of products of animal origin intended for human consumption (1a), (2k). ';
Footnote 2k:
"2k) Annex 1, Section 2, Chapter 3, point 4 of Regulation (EC) No 854 / 2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption. '
Footnote 2k to date is renumbered footnote 2l, including the footnote references.
33. In Article 5b, the following paragraph 3 is added:
"(3) A person operating an establishment for the slaughter, killing or other killing of an animal is required to ensure that animals which have been killed, killed or otherwise killed during transport to an establishment or exaggerated in an establishment for suffering or painful conditions; This applies mutatis mutandis to the killing of unweaned pups. If this is not possible, these animals shall be kept separately and slaughtered, killed or killed as soon as possible, but not later than two hours after their transport or overkill. Animals which are unable to move shall not be moved or towed in that establishment to the place of slaughter, spent or killed. Such animals shall be killed where they are lying, or, if possible and does not cause unnecessary suffering, they may be carried in the establishment on a trolley or moving platform to the place of slaughter, spend or other means of killing. ';
34. in Article 5c (2), the words "and must be adapted to use the herd instinct of the animals" shall be inserted after the word "animals."
35. in § 5c (3), the words "and only for a short time" shall be added at the end of the first sentence.
36. in Paragraph 5c (4), the words "when refusing movement" shall be added at the end of the text in point (a).
37.In Article 5c (4) (d), "2 seconds" is replaced by "1 second." discharges shall be appropriately distributed over time and shall not be re-used unless the animal reacts'.
38. In Paragraph 5d, paragraphs 1 to 3 are deleted and paragraph 4 is deleted.
39. in Paragraph 5e (1), the words "slaughter or" shall be replaced by "slaughter, culling or otherwise."
40. Paragraph 7 (3) (a) reads as follows:
"(a) castration of male animals under 7 days of age in pigs and under 8 weeks of age in bovine, ovine, caprine or rabbit not suffering from an anatomical defect in the sexual organs,"
41. in Article 7 (3) (c), the words "under 7 days" shall be inserted after the words "piglet."
42. In Article 7, paragraphs 4 and 5 are added:
"(4) The operations referred to in paragraph 3 (a) and (b) may be carried out only with numbness in animals older than those provided for in those provisions.
(5) Only a veterinarian or a person who has received training in animal tattoo and thus has obtained a certificate of fitness for this activity can mark animals by tattoo. The training shall be provided by a university with a veterinary study programme, which shall issue a certificate to persons who have received such training, authorising them to carry out animal tattoos and shall keep a list of such persons. The implementing legislation shall specify the content, scope and organisation of the training with a focus on animal tattoo, the manner and organisation of the verification of acquired knowledge, the certification and the keeping of a list of persons who have received such training. ';
43. the following Section 7a is inserted after Section 7, including the title:
Protection of animals in public appearance and protection of animals in breeding
(1) A natural or legal person holding or performing a public appearance (hereinafter referred to as "the organiser") must draw up a system of protection for animals at the time of a public appearance which is subject to the approval provided for in Article 20 (1) (l) and which is binding on the organisers and participants in the public appearance. The Animal Protection Order does not produce zoological gardening (1b) and rescue station operator.
(2) In particular, the Code of Animal Protection in public appearances shall include data enabling the organiser to be identified, the purpose of the order, the type and age of the animals involved in the public appearance, the manner in which the animals are handled, the description of the facilities, equipment and tools for handling animals, the description of the premises for the public appearance of animals, the security of the transport of animals for public appearance, the way in which the first aid and veterinary care are provided, the instructions for the protection of animals, the reasons for stopping the public appearance and the validity and the effectiveness of the rules.
(3) Where the competent authority of the veterinary administration finds, in the exercise of its supervision of compliance with obligations imposed on breeders and other natural and legal persons, an infringement of an obligation by associations of legal or natural persons engaged in animal husbandry or an entrepreneur engaged in animal husbandry business, it may require that such person to draw up an animal protection scheme for breeding subject to the approval provided for in Article 20 (1) (l).
(4) The order of protection of animals during breeding shall include, in particular, data enabling the identification of the breeder, the purpose and objectives of the order, the species of kept animals, the biological characteristics of the animals, the physiological and ethological requirements of the animals, the description of the animals' premises, equipment and equipment, the description of the procedures associated with the protection of animals, the health and well-being of the animals, the means of killing or the measures allowed to regulate the population, the transport of the animals, the conditions for breeding animals and the validity and the effectiveness of the order. Regulation of the animal population means a set of preventive measures which are consistently implemented to contribute to the maintenance of the population in a certain health, genetic, and / or breeding quality, in particular by reducing the unnatural supply of food resources and the possibility of reproduction of the population, and which aim to reduce the risks that may arise from the population's increase in its territory and to prevent the occurrence of animal suffering and excessive damage, in particular the spread of diseases or other adverse effects.
(5) In addition to the general requirements, the application for approval of the animal protection rules at public appearance or the application for approval of the animal protection rules at breeding
(a) a draft order in two identical copies and on a technical medium;
(b) written consent to use the information provided for the purposes of the information system of the State Veterinary Administration and Animal Protection Authorities.
(6) An association of legal or natural persons engaged in animal husbandry and breeders who are members thereof, or entrepreneurs engaged in animal husbandry business, shall keep dogs or cats in accordance with the conditions laid down in the implementing legislation.
(7) The model for the application for approval of animal protection rules in public appearance and for the application for approval of animal protection rules in breeding, the formalities for the rules for the protection of animals in public appearance and the rules for the protection of animals in public appearance, and the conditions for the breeding of dogs and cats in the case of breeding animals shall be laid down by the Ministry by implementing legislation. ';
Article 44 (8), including the title:
Public appearances of animals
(1) Public display means a one-off or repeated performance of an animal or animal breeder, with the exception of targeted movement activities and the demonstration of animals by a zoo or rescue centre accessible to the public, including through mass media, for the purpose of education, education, advertising, competition or business, or an activity involving evidence of an animal which is an evaluation of its appearance, performance or specific features; (c) is considered public appearance.
(2) The organiser is obliged to ensure that a natural person who is capable of:
(a) recognise obvious signs of impaired animal health;
(b) identify changes in animal behaviour;
(c) determine whether the environment is appropriate to maintain the health and well-being of the animals;
(d) to safely handle the animal species;
(e) organise the protection of animals during public appearances.
(3) The organiser is obliged
(a) to proceed with the organisation of a public appearance in accordance with the animal protection rules in the public appearance approved by the Ministry to that organiser;
(b) to notify at least 14 days before the public appearance to the competent authority of the veterinary administration, the place, date, type and number of animals to participate in the public appearance, the name and the sign of the order of protection of the animals at the public appearance under which the public appearance will take place and the particulars enabling the identification of the person referred to in paragraph 2 to be carried out, and to request the approval of the organisation of the public appearance of the animals from the local municipality referred to in Article 24 (3); without such consent, the public appearance may not be organised;
(c) instruct those who are actively involved in the public appearance of animals, how to handle animals, prepare aids or other equipment, and familiarise them with the principles of safety and protection of animals under this law and check whether they comply with them during the public appearance of animals;
(d) have, in the course of the organisation of the public appearance of the animals, an approved animal protection order at the time of the public appearance, or a copy thereof, at the request of the animal protection authorities or the participants in the public appearance of the animals, to submit it;
(e) to notify the competent animal protection authority of an infringement of the animal protection conditions by a participant in a public appearance pursuant to Article 22 (1).
(4) The organiser shall be entitled, on reasonable suspicion of a breach of the animal protection conditions laid down in this Act or the Code of Animal Protection in public appearance, to stop the person who has infringed the conditions and to exclude the animal from the public appearance of the animals until the correction has been made. ';
45. § 8a, including the title reads:
Maximum transport time and technical requirements for means of transport
(1) The journey time for the national transport of livestock for slaughter in slaughterhouses must not exceed 8 hours.
(2) The requirements for the technical equipment of means of transport intended for the transport of livestock are laid down by a decree issued after consultation with the Ministry of Transport. "
46. Paragraph 8b, including the title and footnotes Nos 2l to 2q, reads:
Professional competence in the animal protection section of transport
(1) Staff of the carrier or operator of the assembly centre (2l) or assembly centre (2m) (hereinafter referred to as the assembly centre) carrying out animal handling must have completed the training provided for in the directly applicable regulation of the European Community2n) and obtain confirmation of the completion of such training. This training shall be provided by the carrier or assembly centre operator.
(2) The staff of the carrier or the operator of the assembly centre shall not be required to undergo the training referred to in paragraph 1 if they submit a certificate of completion of the training provided for in the directly applicable European Communities2n) issued in another Member State of the European Union.
(3) The carrier or assembly centre operator shall keep a record of the training of persons carrying out the activities referred to in paragraph 1. The content of this register shall include the name, surname, date of birth and place of residence or residence of 2o) of the persons trained, the content of training, the name and surname of the trainers and the date on which the training was carried out. The carrier or the operator of the assembly centre shall keep this register for three years from the date of cessation of their activities and submit it to the competent animal protection authority on request.
(4) The content of the training and the method of confirmation of the training of the staff of the carrier or assembly centre operator shall be determined by the Ministry by implementing legislation.
(5) Drivers or drivers of road vehicles must complete a general or specialised course and obtain a certificate of competence for drivers and road guides in accordance with the directly applicable European Communities2q). This certificate is issued by the Ministry, including in the form of a certificate. The test schedules are approved and the tests are carried out by the Ministry.
(6) Drivers or road vehicle guides need not complete the course referred to in paragraph 5 if they present a certificate of competence for drivers and road vehicle guides 2q) issued in another Member State of the European Union.
(7) The content and scope of the professional course for obtaining a certificate of competence for drivers and road vehicle guides, both for the general course relating to the transport of all animal species and for the specialised course relating only to the transport of certain animal species, the requirements for equipment for the training centre, the qualifications of the lecturer, the composition of the test committee, the course of the examination, the conditions and manner of certification in the form of a certificate and its model are laid down by the Ministry by implementing legislation.
(2l) Article 2 (b) of Council Regulation (EC) No 1 / 2005.
2m) § 3 (1) (f) of Act No. 166 / 1999 Coll., as amended by Act No. 131 / 2003 Coll. and Act No. 48 / 2006 Coll.
(2N) Article 6 (4), Article 9 (2) (a), Article 17 (1) and Annexes I and II to Council Regulation (EC) No 1 / 2005.
2o) Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and on the amendment of certain laws, as amended.
(2p) Article 2 (c) of Council Regulation (EC) No 1 / 2005.
(2) Article 6 (5), Article 17 (2), Chapter III of Annex III and Annex IV to Council Regulation (EC) No 1 / 2005. '
footnote 2l shall be renumbered footnote 2r, including the footnote references.
47. § 8c to 8g, including the headings:
General conditions for the transport of animals
(1) No one may carry out or order the transport of animals in such a way as to cause them injury or unnecessary suffering.
(2) The carrier must fulfil the following conditions when transporting animals:
(a) means of transport must be designed, constructed, maintained and operated in such a way as to avoid injury and suffering to animals and to ensure their safety;
(b) loading and unloading facilities, if used, shall be designed, constructed, maintained and operated in such a way as to prevent and ensure the safety of injury and suffering of animals;
(c) sufficient area and height appropriate to their height and intended route must be ensured for the animals.
(3) The breeder must ensure
(a) the feeding and feeding of the animal in the quality and quantity corresponding to the species and its growth;
(b) that the animal is given appropriate rest at appropriate intervals;
(c) the granting of first aid to animals which have been ill or injured during transport; If required by the health status of the animal, it shall be provided with veterinary treatment.
Eligibility of animals for transport
(1) The breeder may only transport the animals or transfer them to the carrier if they are eligible for the planned journey.
(2) The injured animals and animals with physiological problems or pathological conditions are not considered fit for transport, in particular if:
(a) they cannot move alone without pain or help;
(b) have large open wounds or ridges;
(c) are pregnant animals for which 90% or more of the expected pregnancy period has already expired, or are females having given birth in the previous week;
d) are newborn animals that do not yet have a fully healed navel,
(e) piglets less than 3 weeks old, lambs less than 1 week old and calves less than 10 days old, unless they are transported at a distance of less than 100 km;
(f) mammals which have not yet been weaned from the mother or who have not yet grown accustomed to self-feeding, unless they are transported together with the mother; This does not apply to wild animals where a cub's mother may be at risk,
(g) they are deer during the period when their antlers are restored.
(3) The provisions of paragraphs 1 and 2 do not apply to the transport of animals
(a) on treatment by the veterinarian and back, or where transport is otherwise necessary to prevent further pain, suffering or harm;
(b) on instruction by a veterinarian for diagnostic purposes.
Means of transport
(1) The breeder must ensure that means of transport, containers, cages and the like and their equipment are designed, maintained and operated in such a way that:
(a) avoid injury and suffering and ensure animal safety;
(b) the animals have been protected against adverse weather conditions, temperatures too high or too low and adverse changes in climatic conditions;
(c) the animals have not been able to escape or fall from them and may bear any stress associated with the movement of the vehicle;
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Regulation Information
| Citation | Act No. 312 / 2008 Coll., amending Act No. 246 / 1992 Coll., on the Protection of Animals against Abuse, as amended, Act No. 634 / 2004 Coll., on Administrative Charges, as amended, and Act No. 114 / 1992 Coll., on Nature and Landscape Conservation, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.08.2008 |
|---|---|
| Effective from | 01.10.2008 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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