Act No. 77 / 2006 Coll.
Act amending Act No. 246 / 1992 Coll., to protect animals against abuse, as amended
Valid
Effective from 15.03.2006
77
THE LAW
of 3 February 2006
amending Act No. 246 / 1992 Coll., to protect animals against abuse, as amended
Parliament has decided on this law of the Czech Republic:
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 found under No. 30 / 1998 Coll. and Act No. 77 / 2004 Coll., is amended as follows:
1. Paragraph 2 (2) reads as follows:
"(2) All forms of promotion of animal abuse shall be prohibited. ';
2. in § 3 (s), "§ 5 (7)" is replaced by "§ 5 (8)";
3. In Article 4 (1) (f), the words "or a trap without a call for it 'shall be inserted after the words" live animals as attractions'.
4. In Article 4 (1) (t), the words "unless it is research and artificial aquaculture and 'shall be inserted after the words" eggs or milk'.
5. In paragraph 4, the following paragraph 3 is inserted after paragraph 2, including footnote 1g:
"(3) The provisions of paragraph 1 (b) shall not apply to the education, training and use of an animal for the performance of tasks assigned to armed forces, armed security forces or municipal police by special legislation1g, as well as to the education and training of dogs carried out by breeders' associations or organisations in accordance with test rules recognised by the International Cynological Federation (FCI). This method of education and training of the animal and, where appropriate, of dogs shall be carried out in accordance with the approved animal protection rules for breeding (Section 8 (7)) and, where appropriate, in accordance with the approved animal protection rules for public appearance or segregation (Section 8 (6)).
1g) Act No. 219 / 1999 Coll., on the Armed Forces of the Czech Republic, as amended. Act No. 283 / 1991 Coll., on the Police of the Czech Republic, as amended. Act No. 124 / 1992 Coll., on Military Police, as amended. Act No. 553 / 1991 Coll., on Municipal Police, as amended. Act No. 555 / 1992 Coll., on the Prison Service and the Judicial Guard of the Czech Republic, as amended. Act No. 13 / 1993 Coll., Customs Act, as amended. Act No. 185 / 2004 Coll., on the Customs Administration of the Czech Republic. '
Paragraph 3 shall become paragraph 4.
6. In the second sentence of Article 5 (3), the semicolon is replaced by a dot and the remainder is deleted.
7. in Article 5, the following paragraph 4 is inserted after paragraph 3:
"(4) In the industrial processing of fish, no stunning or bleeding shall be carried out. '
Paragraphs 4 to 8 shall be renumbered paragraphs 5 to 9.
8. In Paragraph 5e (2), "§ 5 (4) 'is replaced by" § 5 (5)';
9. In Article 9 (2), the words "public appearances or use of horses or dogs by the competent authority of the Czech Police or municipal police 'are replaced by the words" or public appearances'.
10. in Paragraph 14 (1) (n), the words "or a trap, if not for a fishery under special regulations (1d)," shall be inserted after the word "bait."
11. In Paragraph 14 (4), the sentence "For the purposes of ornithological research, no further prohibition on the capture of birds into nets using the sound of a magnetophone or similar device shall apply."
12. In Article 17, the following paragraph 5 is added:
"(5) The provisions of paragraph 3 shall not apply to persons who, during their studies, carry out the handling of an experimental animal or an operation defined by an experimental project, in a user establishment which has been granted accreditation by a central commission pursuant to Article 15 (1) (f) and, under the direct supervision of a person who is competent under Article 17 (1), who shall ensure that it is carried out in accordance with the law and that the abuse of animals is prevented. ';
13. in Paragraph 18a (4):
"(4) The head of the experiment or his representative may not participate in the processing of an opinion concerning his or her trial project, as a member of the expert committee, of the competent authority [§ 19 (1) (d)] or of the central commission. '
14. In Section 19, paragraphs 3 to 5 are added, including footnote 5b:
"(3) Where the directly applicable rules of the European Communities (5b) are referred to:
(a) the competent authority, the competent central office or the competent authority, for the purposes of this Act, means the central authority of the state administration or any other authority within whose jurisdiction the exercise of the relevant authorisation or implementation of the relevant measure or the authority to which the exercise of the relevant authorisation or implementation of the relevant measure has been delegated;
(b) the competent veterinary authority, for the purposes of this law, shall mean the authority of the veterinary administration within the scope of which the exercise of the relevant authorisation or the implementation of the relevant measure has been entrusted by that law or, where appropriate, within the scope of which, taking into account its importance, nature and comparable tasks, it belongs.
(4) Where the provisions referred to in paragraph 3 refer to measures to ensure compliance with the obligations and uniform application of the requirements laid down in those provisions or to remedy the deficiencies identified, this shall mean the corresponding measures under this law.
(5) Persons who are obliged to comply with the obligations imposed on them by this Act are also obliged to comply with the obligations under the provisions laid down in paragraph 3 in the field of animal protection.
5b) For example, Council Regulation (EC) No 1255 / 97 of 25 June 1997 on Community criteria for stop points and amending the road map set out in the Annex to Directive 91 / 628 / EEC, Council Regulation (EC) No 1255 / 2003 of 11 June 2003 amending Regulation (EC) No 1255 / 1997 as regards the use of stop points, Council Regulation (EC) No 411 / 98 concerning additional animal protection requirements for road vehicles used for the transport of animals for more than eight hours. '
15. in Article 21 (3), the following point (b) is inserted after point (a):
"(b) carry out the tasks arising from the directly applicable provisions of the European Communities (5b),"
Points (b) to (l) shall be renumbered (c) to (m).
16. in Paragraph 21 (5), "paragraph 3 (e)" is replaced by "paragraph 3 (f)";
17. in Article 22 (1), the following point (b) is inserted after point (a):
"(b) carry out the tasks arising from the directly applicable provisions of the European Communities (5b), in particular the supervision of the performance of the obligations of natural and legal persons arising from those provisions;"
Points (b) to (i) shall be renumbered (c) to (j).
18. in Paragraph 22 (2), the following point (c) is inserted after point (b):
"(c) carry out the tasks arising from the directly applicable provisions of the European Communities (5b), in particular the supervision of the performance of the obligations of natural and legal persons arising from those provisions when they reserve them;"
Points (c) to (f) shall be renumbered (d) to (g).
19. in Article 24a (4), "(i)" is replaced by "(j), in writing."
20. In Paragraph 25, the current text becomes paragraph 1 and the following paragraphs 2 and 3 are added:
"(2) Where, in the Czech Republic, the European Commission carries out checks on compliance with and uniform application of the obligations and requirements laid down in this Act and the implementing legislation issued on the basis of this Act or directly applicable European Community5b, in cooperation with the animal protection authorities (§ 19 (1)), the animal protection authorities shall provide them with the relevant and personal assistance and information needed to carry out such checks.
(3) The provisions of paragraph 1 shall apply mutatis mutandis to the checks referred to in paragraph 2. In particular, such experts shall be given the same access to the places, facilities and parts of the means of transport in which animals are transported, such as those of the animal protection authority authorised to exercise supervision. Information obtained by such experts during the checks and conclusions thereof shall not serve purposes other than the subject matter of the check. ';
21. in Paragraph 29 (2), "§ 4 (3)" is replaced by "§ 4 (4)";
Efficacy
This Act shall take effect on the day of its publication.
Zaoralek v. r.
Klaus v. r.
Paroubek v. r.
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Regulation Information
| Citation | Act No. 77 / 2006 Coll., amending Act No. 246 / 1992 Coll., to protect animals against abuse, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.03.2006 |
|---|---|
| Effective from | 15.03.2006 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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