Government Decree No. 70 / 2023 Coll.
Government regulation on the conditions for implementing animal welfare measures
Valid
Effective from 01.04.2023
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70
GOVERNMENT REGULATION
of 8 March 2023
laying down conditions for the implementation of animal welfare measures
The Government orders pursuant to § 2c (5) of Act No. 252 / 1997 Coll., on Agriculture, as amended by Act No. 85 / 2004 Coll., Act No. 291 / 2009 Coll., Act No. 179 / 2014 Coll. and Act No. 382 / 2022 Coll., and § 1 (3) of Act No. 256 / 2000 Coll., on the State Agricultural Intervention Fund and on the amendment of certain other laws (Act No. 441 / 2005 Coll., Act No. 291 / 2009 Coll. and Act No. 179 / 2014 Coll.:
Subject matter
This Regulation regulates the conditions for the implementation of animal welfare measures in the Czech Republic following directly applicable European Union1) and in accordance with the European Union's Common Agricultural Policy Strategy Plan.
Animal welfare measures
(1) The animal welfare measures consist of the following:
(a) improving the stable environment in dairy cattle farming for dairy cows and calves under 2 months of age;
(b) enlargement of the lying area in dairy farming;
(c) ensuring access to the range for dry-cut cows;
(d) improving the welfare of pigs for sows;
(e) improving the welfare of pigs for sows; and
(f) the extension of the area for weaned piglets.
(2) For the purposes of this Regulation:
(a) dairy cows of bovine animals kept in a system of dairy farming in which at least 1 birth is recorded in the information system of the central livestock register (2) (hereinafter "the central register");
(b) a dry-cut cow, situated within a period of no more than 60 days before the end of pregnancy,
(c) calf-milked bovine animals of the female or male bovine species of 60 days after their birth,
(d) an adult female pig from 7 months to the end of the first pregnancy,
(e) an adult female pig with at least 1 birth,
(f) weaned piglets within 40 days of weaning; and
(g) the period during which the conditions of the animal welfare measures are fulfilled, which shall run from 1 March of the relevant calendar year for which the subsidy is to be granted until the last day of February of the following calendar year.
Applicant for subsidy
(1) The applicant may be a natural or legal person who:
(a) on the date on which the application for a subsidy (hereinafter referred to as "the application") is submitted, it shall keep at least five livestock units registered in the central register in the event of a sub-measure referred to in Article 2 (1) (a) to (c); the conversion factors for determining the number of livestock units are set out in Annex 1 to this Regulation; or
(b) at the date on which the application is submitted, has kept at least 3 livestock units of pigs registered in the central register in the event of sub-measures pursuant to Article 2 (1) (d) to (f); the conversion factors for determining the number of livestock units are set out in Annex 1 to this Regulation.
(2) The applicant for the grant referred to in paragraph 1 (the applicant) shall keep registered farm animals (2) (hereinafter referred to as "farm animals") which are the subject of the subsidy on the holding registered in the central register throughout the period of compliance with the conditions laid down in the application (hereinafter referred to as "holding").
(3) The economy in the event of sub-measures under Article 2 (1) (b) to (f) must not be included in the organic farming system at the time of fulfilment of the conditions (3).
(4) The applicant may apply for the grant of the sub-measure provided for in Article 2 (1) (a) to (c) if he keeps the dairy cows on holdings in free-housing holdings throughout the period of compliance.
Request
(1) The applicant may submit the application to the State Agricultural Intervention Fund (hereinafter referred to as the Fund) by 15 May of the relevant calendar year for which the subsidy is to be granted, using the form issued by the Fund for the calendar year in question under the single application.
(2) The application contains:
(a) the general requirements laid down in the Agriculture Act;
(b) the particulars referred to in paragraphs 8 to 13 relating to the individual circumstances to which the applicant applies;
(c) a declaration that the applicant undertakes to comply with the cross-compliance rules laid down in the Government Regulation governing cross-compliance rules for farmers; and
(d) the requirement for the certification of selected parameters in accordance with Section 6.
Conditions for granting the subsidy
(1) The Fund shall grant a full grant to the animal welfare measure if the applicant has, throughout the period of fulfilment of the conditions:
(a) complies with the cross-compliance rules laid down in the Government Regulation governing cross-compliance rules for payments to farmers; and
(b) holding livestock in such a way as to avoid any abuse or killing by unauthorised means (4) and comply with the requirements for livestock farming set out in Annex 2 to this Regulation.
(2) The Fund will grant a full grant for animal welfare measures if the applicant, throughout the period for determining the livestock units of the livestock subject to the subsidy and which runs from 1 June of the relevant calendar year for which the subsidy is to be granted, until the last day of February of the following calendar year ("retention period"),
(a) meets the conditions laid down in this Regulation for each sub-measure;
(b) keep on an ongoing basis, not later than the following day after the act has been carried out, the records referred to in Articles 8 (2) (d), 10 (3) (c), 10 (4) (c), 11 (2) (d), 12 (2) (d) or 13 (2) (d), and retain such records for the purposes of checks demonstrating the grant and use of the subsidy;
(c) hold at least five livestock units of dairy cows in the case of the sub-measure referred to in Article 2 (1) (a), (b) or (c).
(3) For the purposes of the sub-measure referred to in Article 2 (1) (a), (b) or (c), the eligible dairy cows shall be considered to be the dairy cows for which an event report is recorded in the central register.
(a) failure after 7 months of pregnancy, the birth of a dead calf or the change of the system of farming in terms of market milk production within 30 days of the date of the event; or
(b) the birth of a calf within the time limit provided for in 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 and, where appropriate, the correction of this report.
(4) If the occurrence report is not registered within the period referred to in paragraph 3, the dairy cows shall be considered eligible for the purposes of the sub-measure referred to in Article 2 (1) (a), (b) or (c) on the date of registration of the event report in the central register, or if a condition justifying their eligibility has been established by an on-the-spot check.
(5) A dry-cut cow having access to the farm run-off referred to in Article 10 (1) (a) shall be considered eligible for the purposes of the sub-measure referred to in Article 2 (1) (c).
(6) For the purposes of the sub-measure referred to in Article 2 (1) (a), a calf for which a report of the event of his birth is recorded in the central register within the time limit laid down in Decree No. 136 / 2004 Coll. or a correction of that report shall be considered as eligible for the suckling bovine animals.
(7) A dairy cows or dairy cows participating in a skirting operation under the veterinary law which lasts no more than 10 days shall also be considered eligible for the application of Article 2 (1) (a), (b) or (c).
(8) The Fund will grant a full grant if the applicant is not found to be in compliance with the animal welfare conditions laid down in this Regulation.
Certificate of parameters
(1) The applicant may submit to the Fund, on a form issued by him, an application for certification of selected parameters (hereinafter referred to as "certificates") on the holding, in the case of sub-measure
(a) under Article 2 (1) (a) to (c), free housing of dairy cows,
(b) in accordance with Paragraph 2 (1) (b), the total dimensions in m2 of the area of the lying areas by means of housing (5) and the number of lying areas;
(c) under Paragraph 2 (1) (c), access to the range, including the size and type of the range referred to in Article 10 (2); and
(d) according to Article 2 (1) (f), dimensions in m2 of the surface of the lying areas and the number of lying areas.
(2) The certificate shall be valid during the period of fulfilment of the conditions for the relevant year in which the application has been submitted and shall also be valid in subsequent years if the applicant has not changed the housing method (5) or changed the size, type or location of the clearance for dry-cut cows.
(3) In case the applicant has already been certified in previous years under this Regulation or under Government Regulation No. 74 / 2015 Coll., he shall apply pursuant to paragraph 1 for a new certificate for the current year in which the application was submitted only if:
(a) there has been a change in the dimensions of the permanent object according to the land use register according to user relations (hereinafter referred to as "permanent object") or the housing method (5);
(b) there has been a change in the size, type or location of the clearance for dry-cut cows; or
(c) apply to another holding or permanent object and they have not been included in the certificate from previous calendar years.
(4) In the event of a change in the size of the permanent object or the way of housing within the given sub-measure or change in size, type or location of the range of the permanent establishment for dry-cut cows during the period of fulfilment of the conditions, the applicant shall report the change to the Fund on the form issued by him at least 30 days before the change is made.
(5) In the event that the applicant does not submit an application pursuant to paragraph 1 or does not allow the Fund to certify the parameters within a given sub-measure, the Fund shall reject the application for that sub-measure.
Pigs status report
(1) In the case of an application for a sub-measure referred to in Article 2 (1) (d), (e) or (f), the applicant shall electronically send to the central register database, for each holding in the following categories, monthly reports of pig daily status (hereinafter referred to as "the report"):
(a) sows,
(b) sows, of which, in the case of gilts introduced in a given month, with the designation of gilts referred to in Article 11 (2) (b), the date of their birth and the date of their first introduction; and
(c) weaned piglets.
(2) The report shall be returned by the applicant no later than the 20th day of the following month after the month for which the report is sent, except in the calendar month of February when the report is submitted no later than 10 March.
(3) Amendments to the reports referred to in paragraph 1 may be made no later than 20 days after the end of the period of compliance.
Sub-measure to improve the stable environment in dairy cows for dairy cows and calves up to 2 months of age
(1) Part of the application to support the improvement of the stable environment in dairy cattle farming for dairy cows and calves for dairy cattle is:
(a) a list of the registration numbers of the holding on which the applicant fulfils the conditions of this sub-condition throughout the period of fulfilment of the conditions;
(b) a list of the numbers of permanent establishments used by the applicant for the production of dairy cows and calves of the bovine species throughout the period of fulfilment of the conditions and belonging to the holding referred to in (a); and
(c) an indication of the chosen method of regulating unwanted insects as referred to in paragraph 2 (a) for each object referred to in point (b).
(2) The Fund will provide a subsidy to cover the improvement of the livestock farming environment for dairy cows and dairy calves, provided that the applicant fulfils the following conditions on the holding in accordance with Article 5:
(a) carry out, during the period from 1 June to 30 September of the calendar year in the premises referred to in paragraph 1 (b), the disinsectisation selected by the method referred to in paragraph 3;
(b) keep the packaging from the chemical products it applies for a period of 1 year from their use or ensure that it is disposed of by an authorised person under the Waste Act; in the event of the removal of the packaging by that authorised person, the applicant shall provide a certificate with the following particulars:
1. the name and surname of the applicant, or its name;
2. farm registration number,
3rd permanent object number,
4. the code for packaging or waste,
5. the quantity and content of packaging;
6. the name of the disinfectant containing the container, and
7. identification of the authorised person to remove the packaging, indicating the name, address of the registered office and IČO;
(c) keep tax, accounting or other evidence of the purchase of chemical products or biological materials by him or of the removal of their packaging, or of tax, accounting or other evidence of their application in the form of services from which the holding on which they were applied is indicated;
d) keeps a register of the regulation of unwanted insects, which contains:
1. the name and surname of the applicant, or its name;
2. farm registration number,
3rd permanent object number,
4. animal category; and
5. the chemical preparation or biological material used, the application serial number, the date of application, the quantity of chemical preparation or biological material used and the date of registration;
(e) in the permanent premises referred to in paragraph 1 (b), where the dairy cows are kept, coiled or separated, with an alkalisation of a preparation containing limestone in such a way as to ensure the resulting pH of the compressed litter of at least 8,5; This does not apply when the births are separated by structure; and
(f) ensure compliance with the conditions laid down in (a) to (e) for all dairy cows and calves kept by the applicant on the holding listed in paragraph 1 (a).
(3) For the fulfilment of the condition referred to in paragraph 2 (a), the applicant shall carry out a disinsection:
(a) by chemical method,
1. in the case of use of a product with a duration of up to and including 30 days, at least 4 applications for dairy cows, at least 8 applications for dairy cows, at least 1 application for dairy cows during each calendar month and 2 applications for dairy cows during each calendar month; or
2. in the case of use of a product with a duration of more than 30 days, at least 2 applications for dairy cows, at least 4 applications for dairy cows, at least 1 application for dairy cows every 2 calendar months and 2 applications for dairy cows every 2 calendar months;
for disinsectisation by chemical method, the applicant is obliged to use the products listed in the electronic information system for the purpose of keeping records of biocidal products authorised for making available on the market in the Czech Republic under Section 5 (2) (l) of the Biocidal Act (6); or
(b) by biological method, a total of at least 8 applications for the deployment of biological material at least twice during each calendar month;
1. in the case of parasitic wasps, Muscidifurax raptorellus, Spalangia cameroni and Nasonia, the dose for 14 calendar days shall be calculated according to the number of animals on the holding, by accounting for at least 200 bees per farm animal for the genus Muscidifurax and for the families Spalangia and Nasonia for a minimum of 300 bees; or
2. in the case of parasitic flies of the genus Ophyra, at least 9,000 kukels per 75 m2 are injected on the holding.
(4) The Fund will grant a subsidy to the minimum daily number of livestock units established for dairy cows and calves determined according to the minimum daily number of eligible dairy cows referred to in Article 5 (3), (4) or (7) and eligible calves of suckling bovine animals referred to in Article 5 (6) or (7) registered in the central register during the retention period for holdings meeting the conditions laid down in this Regulation.
Sub-measure for the enlargement of the lying area in dairy farming
(1) A list is included in the application to increase the laying area of dairy cows.
(a) the registration numbers of the holding on which the applicant fulfils the conditions of this sub-condition throughout the period of fulfilment of the conditions; and
(b) the number of permanent objects used by the applicant for the dairy farming throughout the period of compliance and belonging to the holding referred to in (a).
(2) The Fund will grant a subsidy to increase the lying area in dairy cows if the applicant fulfils the conditions laid down in Article 5 on each of the holdings and ensures that each dairy cows has a minimum total lying area by:
(a) in free housing in a production stall with a box bed, the minimum total surface area of the stalls shall be per dairy cow or, where appropriate, another livestock, in the case of:
1. one-row box arrangement 2,90 m2,
2. the opposite arrangement of two rows of boxes 2,60 m2; and
3. combiboxes 2,22 m2,
(b) in free housing in group pens with a reclining minimum surface area of the stables shall be 5,75 m2 per dairy cow or, where appropriate, another livestock; or
(c) the minimum total surface area of the stables shall be 10,35 m2 per dairy cow and, where appropriate, another farm animal, in free housing in the labour market.
(3) The Fund grants a subsidy for the minimum daily number of livestock units detected by dairy cows determined according to the minimum daily number of eligible dairy cows referred to in Article 5 (3), (4) or (7) registered in the central register during the retention period for holdings meeting the conditions laid down in this Regulation.
Sub-arrangements to ensure access to the dry-cut range
(1) A list is included in the application for consideration of ensuring access to the dry-cut range
(a) the registration numbers of holdings with permanent object numbers used by the applicant for the production of dry-cut cows and fulfil the conditions of this sub-measure throughout the period of fulfilment of the conditions, including an indication of the type of run-off referred to in paragraph 2; and
(b) land block parts numbers according to land use records according to user relations in case of access to the range referred to in paragraph 2 (b) or (d).
(2) The applicant on the holding shall ensure access to the range which is:
(a) an enclosed outdoor area with a minimum size of 5 m2 per dry-cut cow, or another farm animal, where the entry for animals to that area is directly linked to the permanent establishment referred to in paragraph 1 (a);
(b) part of the soil block according to land use records according to user relations under the Act on Agriculture with a minimum size of 5 m2 per dry-cut cow or other farm animal where the entry for animals to that area is directly linked to the permanent establishment referred to in paragraph 1 (a);
(c) an enclosed outdoor area with a minimum size of 10 m2 per dry-cut cow, or another farm animal where the entry for animals to that area is not directly linked to the permanent object referred to in paragraph 1 (a) and at the same time not more than 500 m away from that object; or
(d) part of the soil block according to land use records according to user relations with a minimum size of 10 m2 per dry-cut cow, or another farm animal where the entry for animals to that area is not directly linked to the permanent object referred to in paragraph 1 (a) and at the same time not more than 500 m away from that object.
(3) Where the applicant makes use of the following conditions on the holding referred to in paragraph 1 (a) for dry-cut cows referred to in paragraph 2 (a) or (b), in accordance with Article 5:
(a) ensure continuous access to the range for a minimum of 30 days to dry cows;
(b) ensure:
(1) straining of straw in the range so that the area, directly linked to the permanent object referred to in paragraph 1 (a), is capped at a minimum size of 5 m2 per dry-cut cow or other farm animal, where appropriate; or
2. carrying out the disinfection of the hoof by means of baths in lavatory vans or mats located in a permanent building as referred to in paragraph 1 (a) or, where appropriate, at the entrance from the run-out to that permanent establishment, preparations for the disinfection of hoof which does not contain formaldehyde,
(c) keep a register of the residence of dry-cut cows in the stables with access to the range which includes:
1. the name and surname of the applicant, or its name;
2. farm registration number,
3. the permanent object number; and
4. the identification number of the dry-cut cow, the date of the start and the date of the end of the stay of the dry-cut cow and the date of registration;
(d) keep the packaging from the products it applies for disinfection of the hoof for a period of 1 year after its use or ensure that it is disposed of by an authorised person under the Waste Act; in the event of the removal of the packaging by that authorised person, the applicant shall provide a certificate with the following particulars:
1. the name and surname of the applicant, or its name;
2. farm registration number,
3rd permanent object number,
4. the code for packaging or waste,
5. the quantity and content of packaging;
6. the name of the disinfectant containing the container, and
7. identification of the authorised person to remove the packaging, indicating the name, address of the registered office and IČO;
(e) keep tax, accounting or other evidence of the purchase of products used by him for the disinfection of the hoof, or of the removal of their packaging, or of the tax, accounting or other evidence of their application in the form of services from which the holding on which they were applied is known; and
(f) ensure in a permanent establishment as referred to in paragraph 1 (a) that the cattle gossip is provided; for each start of 50 dry-cut cows in a permanent establishment, there shall be at least one gossip with a minimum length of 40 cm.
(4) Where the applicant uses the following conditions for dry-cut cows referred to in paragraph 2 (c) or (d) on the holding referred to in paragraph 1 (a), in accordance with Article 5:
(a) ensure a day-to-day day-to-day run for at least 30 days in the period from 1 June to 31 October of the calendar year concerned;
(b) ensure that the day-to-day overthrow of dry-cut cows into the range and the afternoon overtake back to the permanent establishment referred to in paragraph 1 (a), in such a way that the stay of dry-cut cows in the range lasts at least 8 hours a day;
(c) keep a register of the residence of dry-cut cows in the stables with access to the range which includes:
1. the name and surname of the applicant, or its name;
2. farm registration number,
3. the permanent object number; and
4. the identification number of the dry-cut cow, the date of start and the date of termination of stay, the date of exaggeration, the time of arrival of the animals into the range, the time of removal of the animals from the range, the period of stay of the animals in the range and the date of registration,
(d) ensure that dry-cut cows are fed in the range; and
(e) ensure in a permanent establishment as referred to in paragraph 1 (a) that the cattle gossip is provided; for each start of 50 dry-cut cows in a permanent establishment, there shall be at least one gossip with a minimum length of 40 cm.
(5) The Fund grants a subsidy for the total number of livestock units determined by reference to the number of eligible dairy cows as referred to in Article 5 (3), (4), (5) or (7) registered in the central register in the retention period for holdings referred to in paragraph 1 (a) which comply with the conditions laid down in this Regulation and have ceased pregnancy during the period of
(a) from 1 July to the last day of February of the following calendar year after the year for which the subsidy is to be granted in the event of compliance with the conditions referred to in paragraph 3; or
(b) from 1 July to 30 November of the calendar year for which the grant is to be granted in the event of fulfilment of the conditions laid down in paragraph 4.
Sub-arrangements for improving pig welfare for sows
(1) Part of the application to assess the improvement of pig welfare for sows is:
(a) a list of the registration numbers of the holding on which the applicant fulfils the conditions of this sub-condition throughout the period of fulfilment of the conditions;
(b) a list of the numbers of permanent objects used by the applicant for the entire period of compliance with the conditions applicable to that holding under point (a); and
(c) the number of sows introduced on the holding during the retention period for which the applicant will comply with the conditions laid down in this Regulation.
(2) The Fund will provide a subsidy to cover the improvement of pig welfare for sows if the applicant fulfils the following conditions on each holding in accordance with Article 5:
(a) holding at least 1 livestock unit of gilts;
(b) carry out an individual designation of gilts;
(c) carry out the first introduction of sows at the age of 230 days at the earliest; the age of the sow shall be calculated from the day following its birth,
(d) keep a record of discharges, which shall include:
1. the name and surname of the applicant, or its name;
2. farm registration number,
3. the permanent object number; and
4. the designation of the sow, the date of birth of the sow, the date of first launch, the age of the sow at first launch, the information on the transfer, arrival or death of the sow, and the date of this change, the date of registration; and
(e) sends reports for sows to the central register database in accordance with Section 7.
(3) The Fund shall grant the subsidy referred to in paragraph 2 to the number of livestock units determined according to the number of sows detected during the whole retention period for holdings meeting the conditions laid down in this Regulation.
Sub-measures to improve the welfare of pigs for sows
(1) The application to improve the welfare of pigs for sows includes:
(a) a list of the registration numbers of the holding on which the applicant fulfils the conditions of this sub-condition throughout the period of fulfilment of the conditions;
(b) a list of the numbers of permanent objects used by the applicant for the entire period of compliance and belonging to the holding referred to in (a); and
(c) the minimum daily number of sows per holding for which the applicant will fulfil the conditions laid down in this Regulation during the retention period.
(2) The Fund will provide a subsidy to cover the improvement of pig welfare for sows if the applicant fulfils the following conditions on each holding in accordance with Section 5:
(a) holding at least 3 livestock units of sows;
(b) carry out effective disinfection at the sows' births in the said permanent premises on the holding where the sows are kept, in the framework of one-off storage and removal from storage by sections which are constructed (hereinafter referred to as "tour operation"), followed by the retention of the housing space without animals for at least 24 hours;
(c) ensure that a person under Section 12f of the Act on the Protection of Animals against Injury (7) carries out checks on sows' cloven-hoofs after each weaning period and, if necessary, also carry out their treatment;
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Regulation Information
| Citation | Government Decree No. 70 / 2023 Coll., laying down the conditions for the implementation of animal welfare measures |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.03.2023 |
|---|---|
| Effective from | 01.04.2023 |
| Effective until | - |
| Status | Valid |
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