Act No. 501 / 2020 Coll.
Act amending Act No. 246 / 1992 Coll., on the Protection of Animals against Abuse, as amended, and Act No. 634 / 2004 Coll., on Administrative Charges, as amended
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Effective from 01.02.2021
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501
THE LAW
of 13 November 2020
amending Act No. 246 / 1992 Coll., on the Protection of Animals against Abuse, as amended, and Act No. 634 / 2004 Coll., on Administrative Charges, 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. 243 / 1997 Coll., the Constitutional Court's finding, published under No. 30 / 1998 Coll., Act No. 77 / 2004 Coll., Act No. 413 / 2005 Coll., Act No. 77 / 2006 Coll., Act No. 312 / 2008 Coll., Act No. 291 / 2009 Coll., Act No. 308 / 2011 Coll., Act No. 359 / 2012 Coll., Act No. 183 / 2017 Coll., Act No. 255 / 2017 Coll., and Act No. 302 / 2017 Coll., is amended as follows:
1. footnote 1 shall read:
"(1) Council Directive 98 / 58 / EC of 20 July 1998 on the protection of animals kept for farming purposes, as amended by Council Regulation (EC) No 806 / 2003 and Regulation (EU) 2017 / 625 of the European Parliament and of the Council. Council Directive 1999 / 74 / EC of 19 July 1999 laying down minimum requirements for the protection of laying hens, as amended by Council Regulation (EC) No 806 / 2003, Council Directive 2013 / 64 / EU and Regulation (EU) 2017 / 625 of the European Parliament and of the Council. Council Directive 2007 / 43 / EC of 28 June 2007 on minimum rules for the protection of chickens kept for meat production, as amended by Regulation (EU) 2017 / 625 of the European Parliament and of the Council. Council Directive 2008 / 119 / EC of 18 December 2008 laying down minimum standards for the protection of calves, as amended by Regulation (EU) 2017 / 625 of the European Parliament and of the Council. Council Directive 2008 / 120 / EC of 18 December 2008 laying down minimum requirements for the protection of pigs, as amended by Regulation (EU) 2017 / 625 of the European Parliament and of the Council. Directive 2010 / 63 / EU of the European Parliament and of the Council of 22 September 2010 on the protection of animals used for scientific purposes. ';
2. At the end of footnote 1a, the sentence "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 rights 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 and (EU) 2016 / 120 / EC and repealing Regulations (EC) No 1099 / 2009 and Council Directives 98 / 58 / EC, 1999 / 74 / EC, 2007 / 43 / EC, 2007 / 43 / EC, 2008 / 120 / EC and repealing Regulation (EC) and Council Regulations (EC) No 854 / 2004 and (EC) No 854 / 2004, Council Directives 89 / 608 / EEC, 89 / 625 / EEC, (EC, (EC), (EC), (EC), (EC), (EC), (EC), (EC) (EC) (EC) (EC) (Regulation (EU) 2019 / 1010 of the European Parliament and of the Council of 5 June 2019 on the harmonisation of reporting obligations in the field of environmental policy and amending Regulations (EC) No 166 / 2006 and (EU) No 995 / 2010 of the European Parliament and of the Council, Directives 2002 / 49 / EC, 2004 / 35 / EC, 2007 / 2 / EC, 2009 / 147 / EC and 2010 / 63 / EU of the European Parliament and of the Council, Council Regulations (EC) No 338 / 97 and (EC) No 2173 / 2005 and Council Directive 86 / 278 / EEC. ';
3. Paragraph 3 (j) reads as follows:
"(j) experimental animal
1. a live vertebrate animal which is or is to be used for experiments, with the exception of humans, including separately live larvae and mammalian fruit from the last third of their normal development; or
2. a live cephalopod which is or is to be used for experiments;
the animal is also considered to be an experimental animal which is at an earlier stage of development than the stage referred to in point 1 if the animal is to be allowed to live beyond that stage of development and, as a result of the experiments carried out, it is likely that after reaching that stage of development it will suffer pain, suffering, fear or permanent damage, '.
4. In Article 3, at the end of point (aa), the dot is replaced by a comma and the following point (ab) is added:
"(ab) laying hens of the species Gallus gallus which have reached lay maturity and which are kept for the production of eggs not intended for hatching."
5. in Paragraph 4 (1) (g), the words "or have them executed" shall be added after the word "implement."
6. in Article 4 (1), the following point (h) is inserted after point (g):
"(h) carry out a technical procedure which causes pain, suffering or harm to the health of the animal, or surgery to prevent or alter the permanent marking of the animal by a chip or tattoo,"
Points (h) to (w) shall be renumbered (i) to (x).
7. In Article 4 (1), the words "and acts referred to in Article 64b of the Veterinary Code (2) 'shall be added at the end of the text in point (j).
8. In Article 4 (1) (l), the words', in particular to reproduce 'shall be inserted after the word' breed '.
9. in Paragraph 4 (1), the following point (w) is inserted after point (v):
"(w) to keep male and female rodents together in retail stores of live animals, except for piglets intended for feeding,";
Points (w) and (x) shall be renumbered as points (x) and (y).
10. in Article 4 (1) (y), the words' prohibited conduct 'shall be replaced by' acts contrary to that act ';
11. in Paragraph 4 (3), the comma after the words "legislation 1k)" shall be replaced by a dot, the words "as well as" shall be replaced by "Na," and at the end of the text of the paragraph the words "no ban on the raising and training of an animal to act aggressively against a person when it comes to the detention of a figure or exercise of a piece of clothing."
12. In Article 4, the following paragraph 4 is added:
"(4) Everyone is obliged to ensure that the animal they hold does not harm or kill another breeder's animal. This does not apply if an animal of one breeder prevents an animal from attacking another breeder or if the animal of the breeder prevents the area intended for breeding it and, in the case of pasture dogs, in the case of livestock protection. This provision shall apply to wild animals only if they are kept in captivity. This provision shall not apply to animals kept in a chase under the Hunting Act and to hunting predators when used under the Hunting Act. '
13. in Article 5 (2), the words "or simulation exercises organised by the State Veterinary Administration concerning contingency plans for the occurrence of dangerous diseases and diseases communicable from animals to humans" shall be added at the end of point (e);
14. In Article 5, at the end of paragraph 5, the dot is replaced by a comma and the following point (f) is added:
"(f) freezing, with the exception of gradual freezing in snakes."
15. footnote 2f:
"2f) Act No. 326 / 2004 Coll., on Plant Health and on the amendment of certain related laws, as amended. Act No. 324 / 2016 Coll., on Biocidal Products and Active Substances and on the amendment of certain related acts (Biocidal Act), as amended by Act No. 183 / 2017 Coll. '.
16. in Article 5 (6):
"(6) The production, offering, selling or use of jaws or adhesive traps and their transfer from abroad to the Czech Republic shall be prohibited."
17. in Paragraph 5a (1), the words "and the activity of the animal welfare officer referred to in Article 17" shall be inserted after the words "Article 7 (2) (c) to (g)."
18. In Article 5a, at the end of paragraph 2, the sentence "The first sentence shall not apply to an animal welfare worker pursuant to Article 17 of the directly applicable European Union Code on the protection of animals at the time of killing 13), which shall be issued for a period of 7 years by a certificate of eligibility for persons involved in the slaughter of animals under the directly applicable European Union Code on the protection of animals at the time of killing 13). '.
19. In Article 5a (7), the words "requirements for the examiner, scope and course of the examination 'shall be inserted after the words" the highest education achieved'.
20. in Paragraph 5b (2), the words "with special legislation, 2)" shall be replaced by the words "with the requirements of Council Regulation (EC) No 1 / 2005," the words "private" shall be inserted after the words "his condition" and the words "documentation issued under the special legislature.2" shall be replaced by the words "accompanying documentation according to Section III of Annex II to Regulation (EC) No 853 / 20043c."
21. in § 5d, the words "also in the Bulletin of the Ministry of Agriculture (" Bulletin ")" shall be replaced by "on their website."
22. footnote 2k reads:
"(k) For example Article 21 of Regulation (EU) 2017 / 625 of the European Parliament and of the Council. '
23. in Article 5i (4), the words "gas CO2 or other gas or mixture of gases approved under a specific regulatory provision (2)" shall be deleted;
24. The following Section 5j is inserted after Section 5i, which includes the title and footnote 24:
Deratization
(1) The person carrying out the exertizaci24) must:
(a) ensure that animals are spared any unnecessary pain and suffering during killing or capture;
(b) minimise the possibility of affecting non-target species;
(c) carry out or ensure, at least once a day, checks on any equipment used to catch or kill animals; and
(d) search for injured or otherwise suffering animals in connection with the extermination carried out and ensure that they are killed without delay, provided that further survival of the animals is associated with lasting suffering and is possible due to the nature of the extermination carried out.
(2) A person who carries out special protective extermination may only use the following methods of killing live animals caught or combinations thereof:
(a) overdose with inhalation anaesthetics,
(b) carbon dioxide inhalation;
(c) blunt force trauma to the head;
(d) separation of the head from the hull; or
(e) shot with a free projectile.
The person carrying out the special protective extermination shall choose a method corresponding to the species or category of live animals caught, if applicable.
(3) The person carrying out the extermination is obliged to comply with this law when implementing it; This shall be without prejudice to the obligations relating to exerting provided for by other legislation.
24) § 55 et seq. of Act No. 258 / 2000 Coll., as amended. '
25. in Article 7 (1), the word "fitness (1d)" shall be replaced by the words "competent under veterinary law (2)."
26. In Article 7, at the end of paragraph 2, the dot is replaced by "or 'and the following point (c) is added:
"(c) as regards the marking of designated animals under the breeding law by the livestock farmer under the conditions laid down in veterinary law (25).
25) § 64a of Act No. 166 / 1999 Coll., as amended. '
27. in Article 7 (3) of the introductory part of the provision, the word "law, 1f)" is replaced by the word "law2),"
28. in Article 7 (3) (c), the words "the dog (the puppy)" shall be inserted after the words "the puppies."
29. § 7a, including the title:
Protection of dogs and cats in reproduction
(1) The breeding of dogs or cats, including their reproduction, shall be prohibited in an establishment, including an apartment in which dogs or cats are kept and reproduced in inappropriate conditions causing their suffering and in a greater number which does not allow them to satisfy their physiological, biological or ethological needs (hereinafter referred to as the "propagation plant '). A propagation plant means an establishment, including an apartment, listed in the first sentence, even if it is not the primary objective of the breeder's breeding or profit.
(2) An association of legal or natural persons engaged in animal husbandry, and breeders who are members thereof, entrepreneurs who are engaged in animal husbandry or other persons who are engaged in animal husbandry for the purpose of profit, or breeders who hold 3 or more dog bitches, are obliged to sell or donate a puppy under 6 months of age
(a) keep records of puppies sold and donated and keep them for 3 years;
(b) provide the new breeder with information on the current method of feeding the puppy and a description of its follow-up; and
(c) when transferring each puppy to the new breeder, issue a copy of the litter register indicating the specific puppy being transferred or any other document containing the information referred to in paragraph 5 in relation to the puppy being transferred.
(3) The provisions of paragraph 2 (a) and (c) do not apply to the operator of the shelter.
(4) Associations of legal or natural persons engaged in animal husbandry and breeders who are members of them, entrepreneurs engaged in animal husbandry or other persons who are engaged in animal husbandry for the purpose of profit, or breeders who hold 3 or more dog bitches, shall be required to:
(a) complete for each litter no later than 7 days after birth of the puppies the register of the litter,
(b) within 7 days of the identification of the puppy by the chip in the litter register to complete the numbers of the chips of each puppy; and
(c) keep a register of litter for at least 3 years from the date of birth.
(5) A binding model form for the register of litter shall be published by the Ministry on its website. Listing list of litter of puppies contains
(a) identification of the breeder;
(b) the place where they are kept;
(c) information on their mother, in particular breed, name, date of birth, chip or tattoo number,
(d) information on puppies, in particular the date of birth and their number, the number of puppies died 7 days after birth, for each puppy the number of the chip, the name of the puppy and its sex, and
(e) information on vaccination and depuration of puppies and, where appropriate, on other veterinary treatments carried out until the time of transfer of the puppies, up to a maximum of 6 months of their age.
(6) The keeper of the dog must comply with the following conditions:
(a) the female is breastfeeding only that number of puppies which corresponds to the health condition; other viable puppies must be provided by the breeder with alternative nutrition,
(b) the maximum number of litters for a female is 3 over a period of 24 months; and
(c) the minimum age for taking puppies from the female is 50 days.
(7) The cat keeper must comply with the following conditions:
(a) the cat is breastfeeding only a number of kittens corresponding to its health condition; other viable kittens must be provided by the breeder with alternative nutrition,
(b) the maximum number of litters in a breeding cat is 3 over a period of 24 months;
(c) the minimum age for cat kittens is 84 days.
(8) The breeder must ensure breeding conditions for reproduction and the minimum size of breeding areas for dogs or cats and comply with the requirements for carrying out insemination laid down in the implementing legislation. An association of legal or natural persons engaged in animal husbandry and breeders who are members of them, entrepreneurs who are engaged in animal husbandry or other persons who are engaged in animal husbandry for the purpose of profit, or breeders who hold 3 or more dog bitches, shall comply with the requirements for the lowest and highest age of dogs or cats in reproduction laid down in the implementing legislation.
(9) The requirements for breeding conditions for the purpose of reproduction and for the minimum size of the premises for breeding of dogs and cats, for carrying out insemination and for the lowest and highest age of dogs and cats in reproduction are laid down by the Ministry by implementing legislation. "
30. The following Section 7b is inserted after Section 7a, including the title:
Sale or transfer of a dog or cat to a new breeder
The sale or transfer of a dog or cat to a new breeder is prohibited
(a) in a public place, with the exception of the sale or transfer of such animals in the context of the public appearance of the animals; or
(b) at the places referred to in Article 13a (5). "
31. in Article 8 (3) (a), the word "notify" shall be replaced by the words "notify in person, in writing or by electronic mail" and the number "14" shall be replaced by "7."
32. in Paragraph 8 (3) (a) (1), the word "place" shall be replaced by "address or other precise description of the venue."
33. In Article 8, at the end of paragraph 3, the dot is replaced by "a 'and the following point (e) is added:
"(e) immediately notify the Regional Veterinary Administration and the municipality concerned, in person, in writing or by electronic mail, of any change in the facts referred to in (a) or (b).";
34. in Article 8b (1), the words "or assembly centre 2m) (hereinafter referred to as" assembly centre "), including footnote 2m, shall be deleted;
35. in § 8b (7), § 14b (4), § 15d (9), § 15e (3) and § 26 (2), the words "the composition of the examination committee" are replaced by the words "the requirements of the examiner."
36. In Article 9, at the end of paragraph 1, the dot is replaced by a comma and the following points (f) and (g) are added:
"(f) keeping the animals in close housing except for the period strictly necessary after treatment;
(g) to castrate males and shorten tails by strangling testicles or parts of tails. ';
37.Paragraph 12c (2) is deleted.
Paragraph 3 shall become paragraph 2.
38. in Article 12d (1) of the introductory part of the provision, the words "Fowls of the species Gallus gallus" shall be replaced by the words "Gallus gallus";
39. The following Section 12g is inserted after Section 12f, which includes the title:
Horses, asses and their cross-breeds, farmed or pet animals
(1) Horses, donkeys and their cross-breeds, such as farm animals or pet animals, must be kept with regard to the species and age category or weight and other specific conditions of entitlement to their protection and well-being according to the minimum standards laid down.
(2) Minimum standards for the keeping of animals referred to in paragraph 1, requirements for the size of premises and their equipment, housing conditions, requirements for aids, feeding and drinking shall be laid down by the Ministry by implementing legislation. "
41.Paragraph 13 (4) (b) shall be deleted;
Point (c) shall be renumbered (b).
(42) In Article 13 (4) (b), the words "legal capacity" shall be replaced by the words "limited incapacity."
43. In Paragraph 13, the sentence "The breeder of a species of animal requiring special care is entitled to start breeding that animal or to extend breeding in respect of the number or species of kept animals until the decision on the authorisation of breeding has become final. 'is added at the end of paragraph 5.
44. in Paragraph 13 (6):
"(6) The application for authorisation to breed animal species requiring special care shall be made on a form the binding model of which is published on the Ministry's website and shall, in addition to the general requirements laid down in the administrative rules, contain:
(a) place of breeding in the Czech Republic;
(b) identification details of the person to whom the animal is to be taken care of if the breeder is a legal person;
(c) species and maximum number of breeding individuals;
(d) a brief description of the farming and its equipment;
(e) the consent of the responsible person to carry out checks on the individual or group of species of animal requiring special care, the places and facilities in which those animals are kept and the breeding area linked, in particular the storage space for feedingstuffs;
(f) the approval of the approval or decision for the construction of animals for breeding by the building authority as regards the rearing of animals referred to in Article 14a (4); and
(g) the certificate referred to in Article 14d (1) as regards the breeders of the animals referred to in Article 14a (4); this shall also apply to the person to whom the animals will be placed under custody. "
45. in Article 13 (7), the words "if the conditions laid down in paragraph 1 are not complied with" shall be replaced by the words "if the applicant does not comply with the requirements laid down by this law and the implementing legislation for its implementation," and after the third sentence, the words "the decision on the authorisation to breed the species of the animal requiring special care, the decision to amend it or withdrawal shall be inserted";
46. In Paragraph 13, the following paragraph 10 is inserted after paragraph 9:
"(10) The breeder of the animal species requiring special care shall keep a record of each animal kept containing the following information:
(a) the type of animal;
(b) the sex of the animal;
(c) the date of birth of the animal;
(d) a description of the animal, including identification marks;
(e) the origin of the animal;
(f) the number of the chip or tattoo if the animal is marked;
(g) cases of animal disease; and
(h) the date of cessation of breeding or the date of death of the animal.
This register shall be kept by the breeder from the beginning of the rearing of the animal for a period of 3 years from the date of cessation of the rearing or mortality of the animal; the registration may be replaced by a register kept under another legislation, provided that it contains the information provided by that law. ';
Paragraph 10 shall become paragraph 11.
47. in Paragraph 13 (11), the words "and the model of the application for authorisation to breed animal species requiring special care" shall be replaced by the words "care requirements and requirements for premises and equipment for breeding selected species requiring special care."
48. in Article 13a (2), the words "may lodge" shall be replaced by the words "lodge" and the words "trade" shall be inserted after the words "operate."
49. in Article 13a (3), the words "trading in pet animals" shall be replaced by the words "referred to in paragraph 1 (a)";
50. in Article 13a (4), the words "including the feeding method," shall be inserted after the words "on farming conditions."
51. in Paragraph 13a, the following paragraph 5 is inserted after paragraph 4:
"(5) The sale of dogs, cats and primates in animal stores shall be prohibited. '
Paragraph 5 shall become paragraph 6.
52. In Article 13b (2), the first sentence shall be deleted and the words "obligation to register dogs" shall be replaced by the words "obligation to register permanently marked dogs, in particular those marked with a chip,."
53.Paragraph 13b (2) is deleted.
Paragraph 3 shall become paragraph 2.
54. in the first sentence of Article 13b (3), the words "may leave" shall be replaced by the words "may leave."
55. In Paragraph 14 (4), the words "by this law 'shall be inserted after the words" by'.
56. in § 14a (1) (b):
"(b) conduct specific training for the preparation and performance of tricks or performances in the circus, theatre and variety performances, film, television programme or similar public performance (hereinafter referred to as" dressage "), with the exception of training or public performance of a hunting predator, a falcon or an owl kept for falcon use and targeted movement activities of animals in zoos with a valid licence under special legislation 1b) held for the purpose of education or in the interest of animals;
1. in primates, finches, cetacea, rhinoceros, hippos and giraffes born from 1 March 2004 inclusive,
2. in individuals of other wild species born from 1 January 2022 inclusive,
and enter the territory of the State with them for these purposes. ';
57. in Paragraph 14a, at the end of paragraph 1, the dot is replaced by "or" and the following point (c) is added:
"(c) to multiply or otherwise acquire newborns of wild animal species for the purpose of their dressage or public display in delfinaries, circuses and similar facilities intended to demonstrate the dressage of animals, with the exception of training or public performance of hunting predators, falcons or owls reared for falcon use.";
58. in Paragraph 14a, paragraphs 4 and 5 are added, including footnote 27:
"(4) It shall be prohibited for animals of the order of the beast (Carnivora) listed in the Annex to this Act and their cross-breeds (hereinafter" selected species') and for animals of the order of primate (Primates) in the family of lidoopi (Hominidae) (hereinafter "lidoopi ').
(a) to allow physical contact with animals by persons different from the breeder, with the exception of the veterinarian, the person who catches and transports the animals, a person close to 27) to the breeder or the worker of the breeder;
(b) the removal of pups of these animals from the mother and their artificial feeding before weaning, except where, according to the veterinarian's assessment, this is necessary because of the health of the mother or pups; or
(c) walking outside of premises intended for breeding or for public appearance.
(5) In addition, the animals referred to in paragraph 4 shall be prohibited from:
(a) reproduction, with the exception of breeding in a zoo with a valid licence under the Law on the Conditions of Operation of Zoos and Breeding operated for the protection of species in accordance with the Nature and Landscape Conservation Act;
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Regulation Information
| Citation | Act No. 501 / 2020 Coll., amending Act No. 246 / 1992 Coll., to protect animals against abuse, as amended, and Act No. 634 / 2004 Coll., on administrative charges, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.12.2020 |
|---|---|
| Effective from | 01.02.2021 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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