Decree No. 5 / 2016 Coll.
Decree amending 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, as amended
Valid
Effective from 18.01.2016
5
DECLARATION
of 12 January 2016
amending Decree No. 136 / 2004 Coll., laying down details of the marking of animals and their registration and registration of holdings and persons provided for by the Breeding Act, as amended
The Ministry of Agriculture provides, pursuant to Article 33 of Act No. 154 / 2000 Coll., on Breeding, Breeding and Registration of Animals and on the amendment of certain related laws (Breeding Act), as amended by Act No. 282 / 2003 Coll. and Act No. 130 / 2006 Coll., ("the Act ') for the implementation of Sections 22 (13) and 23c (4) of the Act:
Decree No. 136 / 2004 Coll., laying down the details of the marking of the animals and their registration and registration of the holdings and persons provided for by the Breeding Act, as amended, is hereby amended as follows:
1. At the end of footnote 26, the sentence "Directive 2014 / 64 / EU of the European Parliament and of the Council of 15 May 2014 amending Council Directive 64 / 432 / EEC as regards computer databases which are part of surveillance networks in the Member States' is added.
2. At the end of footnote 27, the sentence "Commission Implementing Regulation (EU) 2015 / 262 of 17 February 2015 laying down the rules laid down in Council Directives 90 / 427 / EEC and 2009 / 156 / EC as regards methods for identification of equidae (the equine passport Regulation) (Text with EEA relevance) 'is added.
3. in Article 2 (b) (2) (3), the word "first time" shall be deleted;
4. At the end of footnote 10, the sentence "Commission Implementing Regulation (EU) 2015 / 262 of 17 February 2015 laying down the rules laid down by Council Directives 90 / 427 / EEC and 2009 / 156 / EC as regards methods for identification of equidae (equine passport Regulation) (Text with EEA relevance) 'is added.
5. footnote 11b shall read:
"11b) Commission Implementing Regulation (EU) 2015 / 262 of 17 February 2015 laying down the rules laid down in Council Directives 90 / 427 / EEC and 2009 / 156 / EC as regards methods for the identification of equidae (equine passport Regulation) (Text with EEA relevance). '.
6. In Article 13 (3), "Commission Regulation (EC) No 504 / 2008 'is replaced by" Commission Regulation (EU) 2015 / 262'.
7. Paragraph 13 (4) reads as follows:
"(4) Each foal of a horse, donkey and their cross-breeds shall be marked in such a way that the horse's identification is issued before leaving the holding where the foal was born, except where such movement takes place in accordance with Commission Regulation (EU) 2015 / 262, no later than 12 months after the date of birth. ';
8. In Article 13 (5), the word "demonstrably 'shall be inserted after the word" owner'.
9. In Paragraph 38 (1), the words "or, where appropriate, animal identification numbers 35) 'shall be added at the end of the text of point (a).
Footnote 35:
"(35) Articles 4 (1), 4b (1), 4c (1) and 4d of Regulation (EC) No 1760 / 2000 of the European Parliament and of the Council of 17 July 2000 establishing a system for the identification and registration of bovine animals, on the labelling of beef and beef products and repealing Council Regulation (EC) No 820 / 97, as amended."
10. the following point 7 shall be added at the end of point (e) of Paragraph 38 (1):
"7. type of electronic identifier, if marked by the animal, ';
11. in Paragraph 41 (5) (d), the word "transfer" is replaced by the word "departure."
12. in Paragraph 41 (5) (e), the words "redeployment" are replaced by the words "arrival."
13. in Paragraph 42 (6), the words "with a copy of the licence" shall be replaced by the words "with the original licence."
14. In Paragraph 44, the dot is deleted at the end of paragraph 1 and the words "with the exception of 'and points (a) to (e) are added, including footnote 36:
"(a) horses participating in competitions, races, shows or training, including transport for that purpose, for a period not exceeding 90 days;
(b) stallions situated in a Member State during the admission season;
(c) mare present in a Member State for breeding purposes for a period not exceeding 90 days;
(d) horses placed in a veterinary establishment for health reasons;
(e) horses intended for slaughter within 10 days of their entry (36).
36) Article 27 of Commission Regulation (EU) 2015 / 262. '
15. in Paragraph 44 (2), the words "with a copy of the licence" shall be replaced by the words "with the original licence."
16. In Paragraph 46 (1), "5 'is replaced by" 30'.
17. in Paragraph 46 (2):
"(2) Any new owner of a breeding horse shall send a change report within 30 working days of the date on which the change occurred to the relevant recognised breeding association. The new owner of the horse shall, at the same time as the notification of the change, send the horse card in which the recognised breeding association confirms the change of the owner, and return the horse card to the new owner. At the written request of the owner of the horse registered in the central register, the recognised breeding association shall confirm the change of the owner of the horse only on the basis of the notification of the change with the officially certified signature of the owner of the horse registered in the central register. The notification of the change shall be sent by the recognised breeding association authorised by the person (4) within 10 working days of the date of service. ';
18. In Article 46 (3), the words "notification of a change within 5 working days' are replaced by the words" notification of a change within 30 working days' and at the end of the paragraph, the sentence "At the written request of the owner of the horse registered in the central register, the authorised person shall confirm the change of the owner of the horse only on the basis of the notification of the change with an officially certified signature of the owner registered in the central register. ';
19. in Paragraph 46 (4), the words "authorised person (4)" shall be replaced by "authorised person (4)" within 30 working days. "
20. In Paragraph 46 (5), the words "reporting of changes within 5 working days' are replaced by the words" reporting of changes within 30 working days'.
21. In Paragraph 46 (6), the words "working" and "Article 19 (5) of Commission Regulation (EC) No 504 / 2008" shall be inserted after the words "within 30 days" and the words "Article 19 (5) of Commission Regulation (EC) No 504 / 2008" shall be replaced by the words "Article 35 (1) of Commission Regulation (EU) 2015 / 262."
22. In Paragraph 46 (7), the words "reporting of changes within 5 working days' are replaced by the words" reporting of changes within 30 working days'.
23.
"(20a) Article 38 of Commission Implementing Regulation (EU) 2015 / 262 of 17 February 2015 laying down the rules laid down in Council Directives 90 / 427 / EEC and 2009 / 156 / EC as regards methods for the identification of equidae (the equine passport Regulation) (Text with EEA relevance)."
24. in Paragraph 48, at the end of point (t), the dot is replaced by a comma and the following points (u) to (z) are added:
"(u) the date of issue and any changes to the identification document20a);
(v) the name and address of the owner who provided the identification document or submitted an application pursuant to Articles 11 (1), 15 (1), 29 (2) or 32 (2) of Commission Regulation (EU) 2015 / 262;
(w) the status of the animal as a registered horse or horse for breeding and production 20a),
(x) a serial number where such a number is allocated to the identification document20a);
(y) the indication of the country in which the holding where the horse is held is 20a;
(z) the indication of the country in which the horse was born, if the horses originate from abroad 20a). ';
25. Paragraph 49 (1) and (2), including footnote 34, read:
"(1) The horse passport is a compulsory identification document issued in accordance with Commission Regulation (EU) 2015 / 262.
(2) The horse passport is issued by the authorised person (34) within 28 days of the date of service of the horse owner's request. The owner of the horse asks for the signatory
(a) fourth allowance (31);
(b) registration of a horse born in the Czech Republic; or
(c) a report on the permanent importation of horses from third countries.
34) Article 5 (1) (c) of Commission Regulation (EU) 2015 / 262. '
26. in Paragraph 49 (6):
"(6) If the horse is lost and the identity of the horse can be ascertained, the horse owner shall request in writing the issuing authority to issue a duplicate of the horse's licence. The duplicate of the horse passport shall also be issued where the animal has not been identified within the period laid down in Article 13 (4) and the origin of the animal referred to in Article 29 (1) (b) of Commission Regulation (EU) 2015 / 262 is known. ';
27. In Article 49, paragraphs 7 and 8 are added:
"(7) If the horse is lost and the identity of the horse cannot be ascertained, the owner of the horse shall request a replacement identification document in writing from the authorised person. The replacement identification document shall also be issued where the animal has not been identified within the period laid down in Article 13 (4) and the origin of the animal referred to in Article 32 (1) (b) of Commission Regulation (EU) 2015 / 262 is known.
(8) If a non-breeding horse is promoted to the category of breeding horse in accordance with the rules of the issuing authority (11b), a new horse identification card may be issued at any time. The data from the original horse pass shall be translated into a new horse pass and the original horse pass shall be invalidated. ';
28. footnote 22 reads as follows:
"22) Act No. 255 / 2012 Coll., on Control (Control Regulations). '.
Efficacy
This Decision shall enter into force on 18 January 2016.
Minister:
Ing. Jurečka v. r.
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Regulation Information
| Citation | Decree No. 5 / 2016 Coll., amending 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, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.01.2016 |
|---|---|
| Effective from | 18.01.2016 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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