Act No. 48 / 2006 Coll.
Act amending Act No. 166 / 1999 Coll., on Veterinary Care and on the Amendment of Certain Related Acts (Veterinary Act), as amended, and Act No. 634 / 2004 Coll., on Administrative Charges
Valid
Effective from 27.02.2006
Zobrazeno prvních 200 z celkem 926 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
48
THE LAW
of 27 January 2006
amending Act No 166 / 1999 Coll., on Veterinary Care and amending certain related laws (Veterinary Act), as amended, and Act No 634 / 2004 Coll., on Administrative Charges
Parliament has decided on this law of the Czech Republic:
Amendment of veterinary law
Act No. 166 / 1999 Coll., on Veterinary Care and on the amendment of certain related laws (Veterinary Act), as amended by Act No. 29 / 2000 Coll., Act No. 154 / 2000 Coll., Act No. 102 / 2001 Coll., Act No. 76 / 2002 Coll., Act No. 120 / 2002 Coll., Act No. 309 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 131 / 2003 Coll., Act No. 316 / 2004 Coll. and Act No. 444 / 2005 Coll., is amended as follows:
1. In Article 1, the words "laid down in accordance with the law of the European Communities' shall be replaced by the words" incorporating the relevant provisions of the European Communities (1) and, following the directly applicable provisions of the European Communities (1a) shall be read as follows. "
footnotes 1 and 1a read:
"(1) Council Directive 64 / 432 / EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine. Council Directive 97 / 12 / EC of 17 March 1997 amending and updating Directive 64 / 432 / EEC on animal health problems affecting intra-Community trade in bovine animals and swine. Council Directive 78 / 1026 / EEC of 18 December 1978 on the mutual recognition of diplomas, certificates and other evidence of formal qualifications of veterinary surgeons, including measures to facilitate the effective exercise of the right of establishment and the freedom to provide services. Council Directive 89 / 594 / EEC of 30 October 1989 amending Directives 75 / 362 / EEC, 77 / 452 / EEC, 78 / 686 / EEC, 78 / 1026 / EEC and 80 / 154 / EEC on the mutual recognition of diplomas, certificates and other evidence of formal qualifications as doctors, nurses responsible for general care, dentists, veterinary surgeons and midwives, and Directives 75 / 363 / EEC, 78 / 1027 / EEC and 80 / 155 / EEC on the coordination of laws, regulations and administrative provisions relating to the activities of doctors, veterinary surgeons and midwives. Council Directive 90 / 658 / EEC of 4 December 1990 amending certain Directives on the mutual recognition of formal qualifications as a result of German unification. Directive 2001 / 19 / EC of the European Parliament and of the Council of 14 May 2001 amending Council Directives 89 / 48 / EEC and 92 / 51 / EEC on the general system for the recognition of professional qualifications and Council Directives 77 / 452 / EEC, 77 / 453 / EEC, 78 / 686 / EEC, 78 / 687 / EEC, 78 / 1026 / EEC, 78 / 1027 / EEC, 80 / 154 / EEC, 80 / 155 / EEC, 85 / 384 / EEC, 85 / 432 / EEC, 85 / 493 / EEC and 93 / 16 / EEC on the profession of nurses responsible for general care, dental practitioners, veterinary surgeons, midwives, architects, pharmacists and doctors. Council Directive 78 / 1027 / EEC of 18 December 1978 on the coordination of laws, regulations and administrative provisions relating to the activity of veterinary surgeons. Council Directive 82 / 894 / EEC of 21 December 1982 on the notification of animal diseases within the Community. Council Directive 88 / 407 / EEC of 14 June 1988 laying down animal health requirements governing intra-Community trade in and imports of semen of domestic animals of the bovine species. Council Directive 93 / 60 / EEC of 30 June 1993 amending Directive 88 / 407 / EEC laying down the animal health requirements applicable to intra-Community trade in and imports of deep-frozen semen of domestic animals of the bovine species and extending it to fresh semen of the bovine species. Council Directive 2003 / 43 / EC of 26 May 2003 amending Directive 88 / 407 / EEC laying down animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the bovine species. Council Directive 89 / 556 / EEC of 25 September 1989 on animal health conditions governing intra-Community trade in and imports from third countries of embryos of domestic animals of the bovine species. Council Directive 93 / 52 / EEC of 24 June 1993 amending Directive 89 / 556 / EEC on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species. Council Directive 89 / 608 / EEC of 21 November 1989 on mutual assistance between the administrative authorities of the Member States and their cooperation with the Commission to ensure the correct application of veterinary and zootechnical legislation. Council Directive 89 / 662 / EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market. Council Directive 92 / 67 / EEC of 14 July 1992 amending Directive 89 / 662 / EEC concerning veterinary checks in intra-Community trade with a view to the completion of the internal market. Directive 2004 / 41 / EC of the European Parliament and of the Council of 21 April 2004 repealing certain Directives concerning food hygiene and hygiene conditions for the production and placing on the market of certain products of animal origin intended for human consumption and amending Council Directives 89 / 662 / EEC and 92 / 118 / EEC and Council Decision 95 / 408 / EC. Council Directive 91 / 496 / EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries and amending Directives 89 / 662 / EEC, 90 / 425 / EEC and 90 / 675 / EEC. Council Directive 90 / 425 / EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market. Council Directive 92 / 60 / EEC of 30 June 1992 amending Directive 90 / 425 / EEC concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market. Directive 2002 / 33 / EC of the European Parliament and of the Council of 21 October 2002 amending Council Directives 90 / 425 / EEC and 92 / 118 / EEC as regards health requirements for animal by-products. Council Directive 90 / 426 / EEC of 26 June 1990 on animal health conditions governing the movement and importation from third countries of equidae. Council Directive 92 / 36 / EEC of 29 April 1992 amending, as regards African horse sickness, Directive 90 / 426 / EEC on animal health conditions governing the movement and importation from third countries of equidae. Council Directive 2004 / 68 / EC of 26 April 2004 laying down the animal health rules governing the importation into and transit through the Community of certain live ungulates, amending Directives 90 / 426 / EEC and 92 / 65 / EEC and repealing Directive 72 / 462 / EEC. Council Directive 90 / 429 / EEC of 26 June 1990 laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the porcine species. Council Directive 90 / 539 / EEC of 15 October 1990 on animal health conditions governing intra-Community trade in and imports from third countries of poultry and hatching eggs. Council Directive 93 / 120 / EC of 22 December 1993 amending Council Directive 90 / 539 / EEC on animal health conditions governing intra-Community trade in and imports from third countries of poultry and hatching eggs. Council Directive 1999 / 90 / EC of 15 November 1999 amending Directive 90 / 539 / EEC on animal health conditions governing intra-Community trade in and imports from third countries of poultry and hatching eggs. Council Directive 91 / 67 / EEC of 28 January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and products. Council Directive 93 / 54 / EEC of 24 June 1993 amending Directive 91 / 67 / EEC concerning the animal health conditions governing the placing on the market of aquaculture animals and products. Council Directive 95 / 22 / EC of 22 June 1995 amending Directives 91 / 67 / EEC concerning the animal health conditions governing the placing on the market of aquaculture animals and products of aquaculture. Council Directive 98 / 45 / EC of 24 June 1998 amending Directive 91 / 67 / EEC concerning the animal health conditions governing the placing on the market of aquaculture animals and products. Council Directive 91 / 68 / EEC of 28 January 1991 on animal health conditions governing intra-Community trade in ovine and caprine animals. Directive 2001 / 10 / EC of the European Parliament and of the Council of 22 May 2001 amending Council Directive 91 / 68 / EEC as regards scrapie. Council Directive 2003 / 50 / EC of 11 June 2003 amending Directive 91 / 68 / EEC as regards the tightening of control measures for the movement of ovine and caprine animals. Council Directive 92 / 65 / EEC of 13 July 1992 laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A (I) to Directive 90 / 425 / EEC. Council Directive 92 / 118 / EEC of 17 December 1992 laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the specific Community rules referred to in Chapter I of Annex A to Directive 89 / 662 / EEC and, as regards pathogens, to Directive 90 / 425 / EEC. Council Directive 96 / 90 / EC of 17 December 1996 amending Directive 92 / 118 / EEC laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the specific Community rules referred to in Chapter I of Annex A to Directive 89 / 662 / EEC and, as regards pathogens, to Directive 90 / 425 / EEC. Council Directive 97 / 79 / EC of 18 December 1997 amending Directives 71 / 118 / EEC, 72 / 462 / EEC, 85 / 73 / EEC, 91 / 67 / EEC, 91 / 492 / EEC, 91 / 493 / EEC, 92 / 45 / EEC and 92 / 118 / EEC as regards veterinary checks on products entering the Community from third countries. Directive 2002 / 33 / EC of the European Parliament and of the Council of 21 October 2002 amending Council Directives 90 / 425 / EEC and 92 / 118 / EEC as regards health requirements for animal by-products. Directive 2004 / 41 / EC of the European Parliament and of the Council of 21 April 2004 repealing certain Directives concerning food hygiene and hygiene conditions for the production and placing on the market of certain products of animal origin intended for human consumption and amending Council Directives 89 / 662 / EEC and 92 / 118 / EEC and Council Decision 95 / 408 / EC. Council Directive 92 / 119 / EEC of 17 December 1992 introducing general Community measures for the control of certain animal diseases and specific measures relating to swine vesicular disease. Council Directive 93 / 53 / EEC of 24 June 1993 introducing minimum Community measures for the control of certain fish diseases. Council Directive 2000 / 27 / EC of 2 May 2000 amending Directive 93 / 53 / EEC introducing minimum Community measures for the control of certain fish diseases. Council Directive 95 / 70 / EC of 22 December 1995 laying down minimum Community measures for the control of certain diseases affecting bivalve molluscs. Council Directive 96 / 22 / EC of 29 April 1996 concerning the prohibition on the use in animals of certain substances having a hormonal or thyrostatic action and beta-sympathomimetic agents and repealing Directives 81 / 602 / EEC, 88 / 146 / EEC and 88 / 299 / EEC. Directive 2003 / 74 / EC of the European Parliament and of the Council of 22 September 2003 amending Council Directive 96 / 22 / EC concerning the prohibition of the use of certain substances having a hormonal or thyrostatic action and of beta-sympathomimetic agents in animal husbandry. Council Directive 96 / 23 / EC of 29 April 1996 on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85 / 358 / EEC and 86 / 469 / EEC and Decisions 89 / 187 / EEC and 91 / 664 / EEC. Council Directive 96 / 93 / EC of 17 December 1996 on certificates for animals and animal products. Council Directive 97 / 78 / EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries. Directive 2001 / 82 / EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to veterinary medicinal products. Directive 2004 / 28 / EC of the European Parliament and of the Council of 31 March 2004 amending Directive 2001 / 82 / EC on the Community code relating to veterinary medicinal products. Council Directive 2002 / 99 / EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption. Directive 2003 / 99 / EC of the European Parliament and of the Council of 17 November 2003 on the monitoring of zoonoses and zoonotic agents, amending Council Decision 90 / 424 / EEC and repealing Council Directive 92 / 117 / EEC.
(1a) Regulation (EC) No 999 / 2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies, as amended. Regulation (EC) No 178 / 2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety, as amended. Regulation (EC) No 1774 / 2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption, as amended. Regulation (EC) No 998 / 2003 of the European Parliament and of the Council of 26 May 2003 on the animal health requirements applicable to the non-commercial movement of pet animals and amending Council Directive 92 / 65 / EEC, as amended. Commission Regulation (EC) No 136 / 2004 of 22 January 2004 laying down procedures for veterinary checks on products imported from third countries at Community border inspection posts. Commission Regulation (EC) No 282 / 2004 of 18 February 2004 establishing a document for the declaration of animals entering the Community from third countries and for veterinary checks on such animals, as amended. Commission Regulation (EC) No 599 / 2004 of 30 March 2004 adopting a harmonised model certificate and inspection report for intra-Community trade in animals and products of animal origin. Commission Regulation (EC) No 745 / 2004 of 16 April 2004 laying down measures concerning the importation of products of animal origin for personal consumption. Regulation (EC) No 852 / 2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs. Regulation (EC) No 853 / 2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin, as amended. 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, as amended. Regulation (EC) No 882 / 2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules. ';
footnote 1 shall be renumbered footnote 1b, including the footnote references.
2. footnote 1 is replaced by the following:
"1b) For example, Act No. 20 / 1966 Coll., on the care of people, as amended, Act No. 258 / 2000 Coll., on the protection of public health and on the amendment of certain related laws, as amended, Act No. 154 / 2000 Coll., on the breeding, breeding and registration of livestock, and on the modification of certain related laws (Breeding Act), as amended, Act No. 246 / 1992 Coll., on the protection of animals against abuse, as amended, Act No. 110 / 1997 Coll., on the amendment of certain laws and amendments to certain laws, and amendments to the Act No. 91 / 1996 Coll., as amended, Act No. 444 / 2004 Coll., Act No. 79 / 1997 Coll.
3. In Article 2 (f), the words "immediately binding legislation of the European Communities' are replaced by the words" directly applicable rules of the European Communities (2) '.
footnote 2:
"(2) For example, Regulation (EC) No 999 / 2001 of the European Parliament and of the Council, Regulation (EC) No 998 / 2003 of the European Parliament and of the Council, Regulation (EC) No 178 / 2002 of the European Parliament and of the Council, Regulation (EC) No 852 / 2004 of the European Parliament and of the Council, Regulation (EC) No 853 / 2004 of the European Parliament and of the Council, Regulation (EC) No 882 / 2004 of the European Parliament and of the Council, Regulation (EC) No 1774 / 2002 of the European Parliament and of the Council."
4. In Paragraph 3 (1) (f), "consignments' is replaced by" groups'.
5. in Article 3 (1) (o), the words "a" shall be replaced by a comma after the word "the law," and at the end of the text the words "and the directly applicable provisions of the European Community3a" shall be added (hereinafter referred to as "European Communities"). "
footnote 3a is replaced by the following:
"(3a) For example, Regulation (EC) No 852 / 2004 of the European Parliament and of the Council, Regulation (EC) No 853 / 2004 of the European Parliament and of the Council, Regulation (EC) No 178 / 2002 of the European Parliament and of the Council."
6. In Article 3 (1) (r), after the word "law ', the word" a' is replaced by a comma, and at the end of the text the words "and the regulations of the European Communities (4a) 'are added.
Footnote 4a:
"(4a) For example, Regulation (EC) No 183 / 2005 of the European Parliament and of the Council of 12 January 2005 laying down requirements on feed hygiene, Regulation (EC) No 178 / 2002 of the European Parliament and of the Council."
7. in Paragraph 3 (1) (t), including footnote 5,
"(t) veterinary medicinal products in bulk which are intended for animals, in particular dietetic, vitamin, mineral and cosmetic products, or for specific laboratory diagnostics of animal diseases or disease agents from foodstuffs of animal origin; products subject to specific legislation (5) are not considered to be veterinary products;
5) For example, Act No. 79 / 1997 Coll., as amended, Act No. 120 / 2002 Coll., on the conditions for placing biocidal products and active substances on the market and amending certain related acts, as amended, Act No. 91 / 1996 Coll., as amended. '
8. In Article 3 (1), at the end of point (u), comma shall be replaced by a semicolon and the words "products which are intended for the labelling of animals and which are introduced into the body for that purpose shall be added to the words" the veterinary technical means. "
9. in Paragraph 3 (1) (v), including footnote 5a:
"(v) the withdrawal period between the last administration of the medicinal product to animals under normal conditions of use of the product concerned and the moment when food may be obtained from such animals in such a way as to ensure that these foodstuffs do not contain residues of the medicinal product in quantities exceeding the maximum levels laid down by specific European Community and Community legislation (5),
(5a) Decree No. 273 / 2000 Coll., laying down the maximum permitted residues of veterinary medicinal products and biologically active substances used in animal production in food and food materials, as amended. Council Regulation (EEC) No 2377 / 90 of 26 June 1990 laying down a Community procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin, as amended. ';
10. V § 3 odst. 1 se za písmeno v) vkládá nové písmeno x), které včetně poznámky pod čarou č. 6 zní:
"(x) slaughter of the slaughter animal for the use of its products in a manner which is not contrary to the rules on the protection of animals against malicion6),
6) Act No. 246 / 1992 Coll., as amended. '
The existing points x) to mm) shall be marked as y) to nn).
11. in Article 3 (1) (y):
"(y) any slaughter required by the veterinarian as a result of sickness, exhaustion or injury to the animal; the necessary slaughter may be carried out outside the slaughterhouse if the survival of the sick, exhausted or injured animal or its transport to the slaughterhouse would be associated with an excessive suffering; ';
12. in Article 3 (1), points (cc), (dd), (ee) and (ff) are deleted;
Points (gg) to (nn) shall be renumbered (cc) to (jj).
13. in Article 3 (1) (cc):
"(cc) by putting into circulation offers for sale, sale or other form of supply for consumption, including storage and transport for sale or other supply for consumption,";
14. in Article 3 (1), the following point (dd) is inserted after point (cc):
"(dd) trading between Member States of the European Union (hereinafter referred to as" the Member State ") in animals and animal products originating in the Member States, as well as in animals and animal products originating in countries which are not a Member State (hereinafter referred to as" third countries ") in free circulation in the Member States, '.
Points (dd) to (jj) shall be renumbered as points (ee) to (kk).
15. In Article 3 (1) (ii), at the end of the text, comma shall be replaced by a semicolon and the words "the veterinary surgeon of the Ministry of Defence or of the Ministry of Interior shall also be considered as an official veterinarian, who has been entrusted with the tasks of the official veterinarian under this law," shall be added.
16. in Article 3 (4), the word "legal" shall be deleted and the words "in relation to animals" shall be inserted after the word "speaking."
17. in Paragraph 3 (5), including footnote 7b:
"(5) The treatment of animal by-products shall not be subject to the Waste Act, except in the cases provided for in the European Community Regulation 7b).
(b) Regulation (EC) No 1774 / 2002 of the European Parliament and of the Council. "
footnote 7b shall be renumbered footnote 7c, including the footnote references.
18. In Article 3, the following paragraph 6 is added:
"(6) Where, in the context of legal relations governed by the regulations of the European Communities, concepts whose content and meaning are not defined in that law but in those regulations are used in that law, the definition of those terms in those regulations shall be based, for the purposes of that law, on the definition of those terms. ';
19. in Article 4 (1) (f), the words "as soon as they reach the age of 3 months" shall be replaced by the words "between 3 and 6 months old."
20. In Paragraph 4 (1) (g), the words "the Chamber of Veterinary Doctors of the Czech Republic (hereinafter referred to as" the Chamber ") shall be inserted after the word" activity "by the semicolon. The approval of a private veterinarian may be suspended or withdrawn if the latter has issued a passport with demonstrably false data or in contravention of the conditions laid down in the European Community rules (7d). 'and the words" [Paragraph 44 (1) (h)]' are deleted.
Footnote 7d:
"(7d) Regulation (EC) No 998 / 2003 of the European Parliament and of the Council."
21. in Paragraph 4, the dot is replaced by a comma at the end of paragraph 1 and the following point (i) is added:
"(i) comply with the obligations arising from the rules of the European Community7e).
(e) For example, Regulation (EC) No 998 / 2003 of the European Parliament and of the Council, Regulation (EC) No 999 / 2001 of the European Parliament and of the Council. '
22. In footnote 8, "Act No 240 / 1991 Coll. 'is replaced by" Act No 154 / 2000 Coll.';
23. in Article 5 (1) (a), the words "submit the results of such tests, tests and operations to the Regional Veterinary Administration within the time limits laid down therein" shall be replaced by the words "within the time limits laid down by the Ministry of Agriculture (hereinafter referred to as" the Ministry ")," the words "these" shall be replaced by the words "their" and the words "Article 52 (4)" shall be replaced by "Article 52 (3)."
24. in Article 5 (1) (b), the words "confiscates of animal origin" shall be replaced by the words "by animal by-products" and the words "and the provisions of the European Community9b) shall be added at the end."
footnote 9b reads:
"9b) Regulation (EC) No 1774 / 2002 of the European Parliament and of the Council. Article 8 and Annex V of Regulation (EC) No 999 / 2001 of the European Parliament and of the Council. ';
25. in Article 5 (1), the following point (f) is inserted after point (e):
"(f) not to administer to animals substances and preparations the use of which is not authorised in livestock or in animals whose products are intended for human consumption (Sections 19 (1) and (3) (9c),
9c) Decree No 291 / 2003 Coll., on the prohibition of the administration of certain substances to animals whose products are intended for human consumption and on the monitoring (monitoring) of the presence of unauthorised substances, residues and contaminants for which animal products could be harmful to human health, in animals and in their products, as amended by Decree No. 232 / 2005 Coll. '
Points (f) and (g) shall be renumbered as points (g) and (h).
26. in Article 5 (1) (g), including footnote 9 (d),
"(g) submit, on request to the authorities carrying out national veterinary surveillance, the records provided for in specific legislation9d) and allow access to such records also to a private veterinarian issuing a certificate of animal health and the disease situation at the place of origin (hereinafter referred to as the" health certificate "),
9d) § 22 et seq. of Act No. 154 / 2000 Coll., as amended. '
27. In Article 5, at the end of paragraph 2, the dot is replaced by a comma and the following point (d) is added:
"(d) to process and update, in accordance with the approved principles (Article 44 (1) (c)), an contingency plan in the event of the occurrence of certain dangerous diseases and diseases communicable from animals to humans as well as in the event of an emergency (hereinafter referred to as the contingency plan).";
28. in Article 5 (3):
"(3) The implementing act 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) which substances and preparations may not be put into circulation and administered to animals which cannot be administered to animals of certain species and which substances and preparations may only be administered to animals of certain species under certain conditions. "
29. in Article 6 (1) (a), the words "to the assembly centre or to the transfer centre" shall be inserted after the word "transfer."
30. in Article 6 (1) (b), including footnote 13a:
"(b) a health certificate to transfer the animal to a slaughterhouse. This certificate shall contain the information laid down in the European Communities Regulation 13a).
13a) Annex II, Section III, points 3 and 4 of Regulation (EC) No 853 / 2004 of the European Parliament and of the Council. ';
footnote 13a shall be renumbered footnote 13b, including the footnote references.
31. in Article 6 (5) (b):
"(b) dogs and cats, provided that these animals are accompanied by a passport or vaccination certificate containing a record that the animal had a valid rabies vaccination prior to movement. Vaccination against rabies shall be considered valid for 21 days from the date on which the primary vaccination was carried out or from the date on which the vaccine was administered during the period of validity indicated by the manufacturer of the previous vaccine. '
32. in Paragraph 6 (8), the words "for a particular activity" are replaced by the words "for the issue of health certificates."
33.In Article 6 (9) (b), the words "animals of circuses' are replaced by the words" animals kept and used for dressage, in particular animals of circuses'.
34. in Paragraph 7 (3), including footnote 13c,
"(3) The carrier that carries animals as entrepreneurs 10) is obliged in accordance with the rules of the European Communities 13c)
(a) to be registered and followed by special legislation6);
(b) have suitable facilities for cleaning and disinfection of means of transport, approved by the Regional Veterinary Administration, including storage areas for litter and manure, or provide proof to the Regional Veterinary Administration that this activity is carried out by another person approved by the competent authority;
(c) keep, for each vehicle used for the transport of animals, a record of the movements carried out and of the cleaning and disinfection of the vehicle and indicate in it: the place, date and time of taking over the animals for transport, together with the name and surname and number of the animals transported, the particulars of the accompanying documents, including the numbers, the expected duration of the journey and the date and place of disinfection;
(d) keep the documentation referred to in (c) for at least 3 years and submit it to the authorities carrying out national veterinary surveillance upon request;
(e) ensure that the animals transported are accompanied by the required accompanying documents,
(f) ensure that the animals transported do not come into contact with animals of lower health status during transport between leaving the holding or collection centre of origin and arriving at the place of destination.
13c) 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. '
35. in Article 8 (5), the words "amend in more detail" shall be replaced by the words "may adapt in more detail if required by legal acts of the European Communities."
36. In Paragraph 9a (3), at the end of the second sentence, the words "and shall be assigned a veterinary approval number 'shall be added.
37. In Article 9a, the following sentence is added at the end of paragraph 4: "It may decide to suspend the approval of an activity in a assembly centre to a private veterinarian if the veterinarian fails to fulfil the obligations or does not comply with the requirements of a veterinarian of the assembly centre and its activity laid down by this law or regulation of the European Communities, or may decide to withdraw the approval of an activity in the assembly centre to a private veterinarian if that veterinarian repeatedly fails to fulfil the obligations or does not comply with the requirements of a veterinarian of the assembly centre and its activity, as laid down by that law or European Community rules."
38. in Article 9b (1), the words "A person buying and selling cattle and pigs directly or indirectly as entrepreneurs (10) has a regular turnover of those animals which he resells within 30 days," shall be replaced by the words "A person buying and selling, directly or indirectly, bovine, porcine, ovine and caprine animals for profit, having a regular turnover of those animals which he resells within 30 days, or moves them from one compartment to another premises or directly to a slaughterhouse, the latter being not owned by them,"
39. in Article 9b (2), the words "and shall be assigned a veterinary approval number" shall be inserted after the words "paragraph 1."
40. in Article 10 (2), the words "the European Union (hereinafter referred to as the Member State)" shall be deleted;
(41) In Article 10 (3), the words "the manner, extent and animal health conditions of emergency vaccination of animals in the control of diseases against which animals must not be vaccinated and the rules for its implementation" shall be added at the end of the text in point (f).
42. In Paragraph 10, the dot is replaced by a comma at the end of paragraph 3 and the following point (h) is added:
"(h) rules on the monitoring of diseases communicable from animals to humans and their agents."
43. In Article 11, the following paragraph 3 is added:
"(3) The provisions of paragraphs 1 and 2 shall apply mutatis mutandis to the user of the hunt, owner or tenant of a pond or special establishment as well as to other persons involved in the breeding and hunting of game or fish. ';
44. in Article 12 (2) (a), the words "even carcases, where appropriate," shall be replaced by the words "bodies of dead, premature, dead-born or culled animals";
45. in Article 13 (1), the words "and, where uniform procedures and methods have been approved by the European Union authorities for the diagnosis of the relevant disease (14a) shall be inserted after the words" without delay ";
Footnote 14a reads:
"14a) For example, § 52 (1) of Decree No 299 / 2003 Coll., on measures to prevent and control diseases and diseases communicable from animals to humans, § 2 (d) of Decree No 202 / 2004 Coll., on measures to prevent and combat African swine fever, § 67 of Decree No 389 / 2004 Coll., on measures to control and prevent foot-and-mouth disease and amending Decree No 299 / 2003 Coll., on measures to prevent and control diseases and diseases communicable from animals to man, as amended by Decree No 356 / 2004 Coll. '
46. in Paragraph 15 (1):
"(1) Where the presence of a dangerous disease has been confirmed or there is a risk of spreading it, the competent authority shall require the appropriate animal health measures to control that disease and to protect against its spread (the protection and control measures), in particular:
(a) the establishment of an outbreak and its warning mark;
(b) the establishment of a protection and surveillance zone;
(c) the culling and, where appropriate, the slaughter of animals of the sick, as appropriate, of animals suspected and susceptible to the disease;
(d) an inventory of holdings with animals of susceptible species in the two zones referred to in (b);
(e) laying down rules for the movement, transport and investigation of such animals in the two zones referred to in (b);
(f) disposal or further processing of animal by-products;
(g) destruction of contaminated feed and contaminated equipment which cannot be disinfected;
(h) cleaning and disinfection of premises where both sick and suspected and susceptible animals are kept;
(i) ensuring that persons in both zones are adequately informed as referred to in (b) of the protection and enforcement measures ordered;
(j) if the disease, the presence of which is compulsorily reported to the Commission and the Member States, goes to ensure that the public authorities referred to in the regional contingency plan are informed through the operational and information centre of the integrated regional rescue system. ";
47. in Article 17 (3), the word "mitigate" shall be replaced by "change."
48. in § 17a (2) (c), "§ 52 (4)" is replaced by "§ 52 (3)."
49. in Article 17a (7) (b), the words "a country which is not a Member State (" a third country ")" shall be replaced by "a third country";
50. in Article 17a (10), the word "laid down" shall be replaced by the words "may provide, if required by legal acts of the European Communities,";
51. in Article 17b, the words "which is not a disease considered dangerous," shall be inserted after the words "human."
52. Paragraph 18, including footnotes 14b to 14g and 15:
(1) Animal products must:
(a) comply with the requirements for their production, processing, storage, transport and putting into circulation laid down by this Act, specific legislation (3) and European Community14b);
(b) be healthy and safe from the point of view of protecting human and animal health, in particular it must not be a source of risk of spreading diseases and diseases communicable from animals to humans;
(c) comply with microbiological criteria and shall not contain residues and contaminants in quantities which, according to scientific assessment, pose a risk to human health 14c);
(d) be accompanied, unless otherwise specified, by a health mark provided for, or, unless the use of the health mark is specified, by an identification mark 14d).
(2) Animal products intended for human consumption must be obtained from animals which:
(a) comply with the animal health requirements for animals of the species concerned laid down by this Act, specific legislation 14e) and European Community14b);
(b) do not come from a holding, establishment, territory or part of a territory which is subject to restrictive or prohibited veterinary measures applicable to the animals and their products in question and which have been adopted in accordance with the rules laid down in this Act or in specific legislation14f) due to the occurrence of foot-and-mouth disease, classical swine fever, swine vesicular disease, African swine fever, rinderpest, Newcastle disease, avian influenza or small ruminants, or to the occurrence of diseases in animals and products of aquaculture, fish and molluscs referred to in the specific legislation14f);
(c) they have not been slaughtered, if they are meat and meat products, in an undertaking in which, during the slaughter and production process, animals infected or suspected of being infected with the disease referred to in (b) have been present, or carcases or parts of bodies of such animals until such suspicion has been ruled out;
(d) they comply with the requirements laid down in specific legislation14g, if they are aquaculture animals and products.
(3) The Regional Veterinary Administration may, in compliance with the disease control measures referred to in paragraph 2 (a) (ii), in accordance with the conditions laid down in that Article. (b) authorise, under the animal health conditions laid down, the production, processing and putting into circulation of animal products intended for human consumption originating in, or suspected of having a disease, the territory or part of the territory which is subject to restrictive or prohibited veterinary measures referred to in paragraph 2 (b) but not from a holding in which one of the diseases referred to in paragraph 2 (b) is present.
(4) Animal products for which there are reasonable doubts as to compliance with the obligations or health requirements and food of animal origin (15) which have therefore been returned from the commercial network may be used or further processed only with the consent of the Regional Veterinary Administration and under the conditions laid down therein.
(5) Foodstuffs of animal origin which are non-toxic shall be considered as edible and, where appropriate, edible after specific treatment or further processing. Foodstuffs of animal origin which do not comply with health requirements shall be considered as inedible.
(6) Implementing legislation
(a) it shall:
1. animal and public health requirements for the specific treatment and use of animal products referred to in paragraph 3 and intended for human consumption, as well as food of animal origin applicable after specific treatment or further processing;
2. the method of marking meat coming from the territory or part of the territory referred to in paragraph 3;
3. which food of animal origin is edible and which is inedible,
(b) may provide, where required by European Community legal acts, details of the specific arrangements (treatment) or, where appropriate, further processing and use of minced meat, meat preparations, meat products, milk products and egg products.
14b) For example, Regulation (EC) No 852 / 2004 of the European Parliament and of the Council, Regulation (EC) No 853 / 2004 of the European Parliament and of the Council, Regulation (EC) No 854 / 2004 of the European Parliament and of the Council, Regulation (EC) No 882 / 2004 of the European Parliament and of the Council, Regulation (EC) No 178 / 2002 of the European Parliament and of the Council.
14c) For example, Council Regulation (EEC) No 2377 / 90, Council Regulation (EEC) No 315 / 93 of 8 February 1993 laying down Community procedures for the control of contaminants in foodstuffs, Decree No 291 / 2003 Coll., Decree No 273 / 2000 Coll., Decree No 132 / 2004 Coll., on microbiological requirements for foods, their method of control and evaluation, Decree No 158 / 2004 Coll., establishing the maximum level of residues of each pesticide species in foodstuffs and food ingredients, as amended by Decree No 68 / 2005 Coll., Decree No 305 / 2004 Coll.
14d) Article 5 and Section I of Annex II to Regulation (EC) No 853 / 2004 of the European Parliament and of the Council. Article 5 (2) and Chapter III of Annex I to Regulation (EC) No 854 / 2004 of the European Parliament and of the Council.
14e) For example, Decree No. 382 / 2003 Coll., on animal health requirements for trade in animals and on animal health conditions for imports from third countries, as amended by Decree No. 260 / 2005 Coll., Decree No. 381 / 2003 Coll., on animal health requirements for aquaculture animals and products of aquaculture, fishery products and live bivalve molluscs, and on animal health conditions for imports from third countries, as amended by Decree No. 201 / 2004 Coll.
14f) For example Decree No. 299 / 2003 Coll., as amended by Decree No. 356 / 2004 Coll., Decree No. 389 / 2004 Coll., Decree No. 202 / 2004 Coll.
14g) Decree No. 381 / 2003 Coll., as amended by Decree No. 201 / 2004 Coll.
15) § 2 (a) and (b) of Act No. 110 / 1997 Coll., as amended. '
(53) Paragraph 19 (1) and (2) read:
"(1) Only additives, medicinal products and other products intended for these animals which have been produced and put into circulation in accordance with this Act and with specific legislation5 may be administered to animals whose products are intended for human nutrition.
(2) Animals to which additives, medicinal products and other products leaving undesirable residues in animal products have been administered may be used to obtain or manufacture products intended for human consumption only after the withdrawal period laid down by the manufacturer or approved by the competent authority. If the medicinal products are used in the case of an unexpected marketing authorisation decision, or if the non-authorised medicinal products for which the withdrawal period is not indicated, the animals may be used in such a way after the expiry of at least the following conditions:
(a) 28 days where the meat of poultry and mammals, including offal and fats, is involved;
(b) 7 days if it is for milk and eggs,
(c) 500 tides for meat of fish, the number of tides being determined by multiplying the average daily water temperature by the number of days. "
54. in Article 19 (5), point (a) is deleted;
Points (b) and (c) shall become points (a) and (b).
55. in Paragraph 20 (1), the words "the manner laid down" shall be replaced by the words "the manner laid down by this law and by the rules of the European Community15a)."
Footnote 15a:
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 48 / 2006 Coll., amending Act No. 166 / 1999 Coll., on Veterinary Care and on the Amendment to Certain Related Acts (Veterinary Act), as amended, and Act No. 634 / 2004 Coll., on Administrative Charges |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.02.2006 |
|---|---|
| Effective from | 27.02.2006 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0