State Veterinary Administration of the Czech Republic. Information Bulletin 4a/2013

Transkript

1 State Veterinary Administration of the Czech Republic Information Bulletin 4a/2013 Animal Protection Programme, Situation in

2 State Veterinary Administration Information Bulletin No 4a / 2013 ANIMAL PROTECTION PROGRAMME Situation in Authors: MVDr. Jiří DOUSEK, Ph.D. Department of Animal Health and Welfare SVA MVDr. Zbyněk SEMERÁD Department of Animal Health and Welfare SVA MVDr. Simona NINČÁKOVÁ Department of Animal Health and Welfare SVA MVDr. Aurika SMOLOVÁ Department of Animal Health and Welfare SVA RNDr. Oldřich VALCL, CSc. Department of Information and Communication Technology SVA Ing. Jiří NOVÁK Ministry of Agriculture Animal Welfare Unit Mgr. Kateřina KONEČNÁ Ministry of Agriculture Animal Welfare Unit Prof. MVDr. Vladimír VEČEREK, CSc., MBA University of Veterinary and Pharmaceutical Sciences Brno Doc. Ing. Eva Voslářová, Ph.D. University of Veterinary and Pharmaceutical Sciences Brno Editor: RNDr. Oldřich VALCL, CSc. Department of Information and Communication Technology SVA May 2013

3 2 Information bulletin of the State Veterinary Administration, No 4a / 2013 Contents: E 1. INTRODUCTION...4 E 2. BRIEF OVERVIEW OF LEGISLATION OF THE CR RELATED TO ANIMAL PROTECTION...5 E 2.1. Direct protection of animals against cruelty is covered by the following legislation...6 E 2.2. Indirect protection of animals is laid down in the following legislation in particular...6 E 2.3. Council of Europe legislation...10 E 2.4. Changes in legislation governing the protection of animals against cruelty in...10 E 3. ANIMAL PROTECTION PROGRAMME...12 E 4. SUPERVISORY AND CONTROL ACTIVITIES...14 E 4.1. Supervision of the protection of farm animals...15 E Supervision of the protection of animals at slaughter...18 E Supervision of the protection of animals during transport...19 E 4.2. Supervision of the protection of companion animals...20 E Companion animal establishments except for animal species requiring special care...20 E Breeding of animals requiring special care...20 E Shelters for stray and abandoned animals...20 E Pet stores...21 E Other activities related to the protection of companion animals...21 E 4.3. Supervision of the care of wild animals...21 E 4.4. Supervision of breeding and use of experimental animals...22 E 5. ACTIVITIES PERFORMED BY THE ANIMAL WELFARE UNIT(a part of the Animal Commodities Department of MoA) IN..22 E 6. ACTIVITIES OF THE CENTRAL COMMISSION FOR ANIMAL WELFARE...24 E 7. CONCLUSIONS...26

4 Information bulletin of the State Veterinary Administration, No 4a / Summary On 15 April twenty years have elapsed since the Czech National Council approved the Act No 246/1992 Coll., on the protection of animals against cruelty (the Animal Welfare Act). The last amendment to this Act and harmonisation with the European Union (EU) legislation was implemented so that it takes effect on 1 January The Bulletin gives the evaluation of activities and provides information for the period from the second half of 1993 to, while the maps could only be generated starting with. The presented results are based mostly on supervisory activities carried out by inspectors of the State Veterinary Administration and coordinating activities of the Ministry of Agriculture (MoA), the Animal Commodities Department, the Animal Welfare Unit, and of other state authorities. The information also refers to activities performed by the advisory body of the Ministry of Agriculture the Central Commission for Animal Welfare (CCAW). The data were obtained from the Integrated Agricultural Register of the MoA, the Czech Statistical Office, the EU TRACES information system and the welfare module of the SVA information system. It has already become a tradition to offer an overview of valid legislation and methodology governing the supervisory activities which largely builds on the risk analysis of the Multi-annual Plan of Inspections. The evaluation of activities involving farm animals as well as the evaluation of the use of animals in experiments is presented in summaries required by the EU. For individual years a summary of data obtained from the Ministry of Justice is compiled which shows that from 1993 to the end of a total of 710 persons were prosecuted and 402 persons were convicted for cruelty to animals. The veterinary administration authorities in their supervision of the protection of animals and their welfare conducted a total of inspections in the monitored period. In the inspectors of the Regional Veterinary Administrations (RVAs) carried out altogether inspections, with the number of inspections of farm animals reduced to based on the analysis of targeted reduction of the number of inspections of farm animals, while simultaneously their efficiency was increased to 6%, measured by the percentage of violation of the AWA. The municipalities with extended powers (MEP) received 136 motions, in 229 cases on-the-spot fines and monetary performance were imposed. It is also positive that in deficiencies were detected in a total of 766 inspections and as against (with animals concerned ) involved fewer animals, i.e animals. The number of all the motions filed in line with the AWA to the MEP to initiate an administrative procedure in slightly decreased again, namely from 430 in to 385 in. In companion animal establishments altogether inspections were carried out, deficiencies were detected during 410 inspections and involved animals, 2017 financial penalties were imposed and 237 motions were filed to the MEP. The supervision of activities involving wild animals was subject to a total 94 inspections with deficiencies identified in 10 inspections (dressage and other activities), 11 motions were investigated by the MEP. During regular inspections of 21 licensed zoological gardens no deficiencies were detected. In the category of laboratory animals during the total of 123 inspections the deficiencies were detected on one occasion only. In altogether live animals were used for experiments (in animals; in animals), of which laboratory mice, laboratory rats, rabbits, guinea pigs, etc.; approximately birds were banded. Experimental activities and vocational training focusing on animal welfare were performed mostly with funding provided from grants. The 19th Animal Protection and Welfare conference attended by foreign experts was traditionally held in Brno. Qualification courses for veterinary surgeons SVA employees on the performance of supervision of animal protection (Section 26 of AWA) and courses concentrating on the management of experiments on animals (Section 17 para 1 of AWA) took place. With respect to the implementation of Council Directive /43/EU more persons were trained who are responsible for the care of chickens kept for meat production, courses were also held for transporters in line with the requirements laid down in Council Regulation (EC) No 1/ on the protection of animals during transport and related operations. Vocational training of persons for the acquisition of qualification for the capture of stray animals and care of them was held and also a course took place in which the trainees acquired the competence of persons responsible for the care of handicapped animals. An accredited training course was also held for MEP employees. The nongovernmental organisation called the Foundation for the Protection of Animals evaluated the grants from the previous period and announced new grants on animal welfare for This foundation also organised the event called Fill the bowls in support of animal shelters for animals in need, which was a success story in the past. Other interest groups of activists held events promoting the protection of animals and their welfare. Generally speaking, though, the funding of such events and sponsorships significantly dropped. The presented data were obtained from the Integrated Agricultural Register of the MoA, the Czech Statistical Office, EU TRACES information system and the welfare module of the SVA information system. This publication is also downloadable from: or

5 4 Information bulletin of the State Veterinary Administration, No 4a / 2013 E 1. INTRODUCTION The ANIMAL PROTECTION BULLETIN, as always, contains information on the protection of animals and their welfare in the Czech Republic (CR). The Bulletin gives the evaluation of activities and provides information for the period from the second half of 1993 to, while for technical reasons the maps could only be generated starting with. Essential in terms of evaluation is the fact that on 15 April twenty years elapsed since the date of approval of the Act No 246/1992 Coll., on the protection of animals against cruelty (AWA) by the Czech National Council. The last amendment to this Act and harmonisation with the European Union (EU) legislation was implemented so that it takes effect on 1 January The presented results are based mostly on supervisory activities carried out by inspectors of the State Veterinary Administration and coordinating activities of the Ministry of Agriculture (MoA), the Animal Commodities Department, the Animal Welfare Unit, and of other state authorities. The information also refers to activities performed by the advisory body of the Ministry of Agriculture the Central Commission for Animal Welfare (CCAW), chaired by Ing. Radim Fiala, a member of the Parliament of the CR. It has already become a tradition to offer an overview of valid legislation and methodology governing the supervisory activities which largely builds on the risk analysis of the Multi-annual Plan of Inspections. The information indicates that newly applied were the requirements laid down in the amended or new decrees implementing the referred to Act as well as the relevant directly applicable Community legislation. For the sake of evaluation of activities involving farm animals as well as evaluation of the use of animals in experiments summaries required by the EU are presented. Also a summary of data obtained from the Ministry of Justice for individual years is included, which indicates that from 1993 until the end of altogether 710 persons were prosecuted and 402 persons were convicted for cruelty to animals. The summary comprises also the penalties imposed during the administrative procedures in. The supervisory activities are analysed in the respective chapters dedicated to individual groups of animals. The summary data covering the period of twenty years are given in charts and selected tables (e.g. number of inspections, number and species of animals used in experiments). Based on hands-on experience it may be stated that the increased incidence of deficiencies within the monitored period was always reported at the time of worse economic conditions for marketing the products of the given group of farm animals or across all the groups once a new law took effect. This suggests that more stress still has to be put on the provision of information and education to breeding community and other experts whose activities are related to the protection of animals and their welfare. It can be illustrated by data covering the whole period of twenty years. Bearing in mind the scope of animal transport, but also the high turnover of drivers and attendants, it is of importance that the certificate of competence for drivers and attendants of animal consignments, which is required by Council Regulation (EC) No 1/, on the protection of animals during transport, was acquired by persons in the CR at six training centres and that the quality of care of animals has improved in this respect. The course for the acquisition of certificate of professional competence for the care of chicken kept for meat production pursuant to Section 12 para 7 of AWA was attended by the respective personnel of almost all the types of breeding establishments. In reality, these 416 persons ensure the application and inspection of the defined requirements and train in this respect the attendants working in their respective holdings. The vocational training of persons for the acquisition of qualification for the provision of capture of stray animals and care of them has been attended by persons since. After two years of holding the training courses, the certificate for professionals responsible for the care of handicapped animals in animal shelters has been acquired already by 75 persons. Earlier than required by Council Regulation No 1099//EU on the protection of animals at the time of killing, the courses were prepared in cooperation with the associations of meat processors for personnel required to hold this qualification. Also other personnel, including expert advisors trained by the MoA, public administration officers of municipal authorities, and others, are trained in conditions and requirements of animal protection and welfare. Since for the purpose of performance of supervisory activities the veterinary surgeons shall undergo a training course in compliance with Section 26 of the AWA, it shall be noted that since 1992 this certificate has gradually been acquired by inspectors. Postgraduate training courses, including thematic seminars on topical matters, are held annually for inspectors performing supervisory activities. The instruction in the field of animal protection and welfare is a compulsory part of the curricula of veterinary study programmes at both the veterinary faculties of the University of Veterinary and Pharmaceutical Sciences in Brno (UVPS). The growing demand for experts with university qualification in the field of protection of animals against cruelty and in the field of active creation of appropriate conditions for animals and inspection of these conditions not only at the level of official veterinary surgeons led to the introduction of a new field of study called Animal protection and welfare at the FVHE of UVPS in Brno. This field of study was accredited in February and the instruction was launched in the / 2013 academic year. It is a three-year bachelor study concluded with the state Bachelor's examination, defence of a Bachelor's thesis and award of the academic degree of Bachelor (Bc.). It is followed by a two-year Master's study concluded with the state Master's examination, defence of a Master's thesis and award

6 Information bulletin of the State Veterinary Administration, No 4a / of the Master's degree (Mgr.). Similarly, at agricultural universities ever more fields of study cover the topics of animal protection and welfare. At the UVPS in Brno the 19 th Animal Protection and Welfare conference attended also by foreign experts was held. Moreover, the 27 th technical seminar Topical Issues of Bioclimatology of Animals took place. Other specialised seminars focusing on animal welfare were held at agricultural universities / faculties in Prague, Brno and České Budějovice. Also the interest associations of breeders organised various education and outreach activities. Similarly, courses were held for personnel of the municipal authorities of municipalities with extended powers. The topics of animal welfare and ensurance of minimum standards were on the agenda of regional courses and seminars for breeders. Multiple events concentrating on animal welfare took place also on other occasions. The non-governmental organisation called Foundation for the Protection of Animals evaluated the grants for and announced more grants in the field of protection of companion animals. Development of research and other activities funded from grants is connected to the education and training of experts with university qualification in the field of management, conduct and control of experiments on animals. The course for the acquisition of this certificate pursuant to Section 17 of the AWA was successfully completed by university students. Technical matters related to this field were also addressed at conferences held by the Czech Society for Laboratory Animal Science and the Commission for Alternative Methods to Experiments on Animals. Also important is the attention paid to these matters by social sciences which is proven e.g. by seminars called Topical legal issues related to the amendment to the AWA held by the Institute of State and Law of the Academy of Sciences of the CR. The expert institutions, including the universities, continued to cooperate and events were held dedicated to the protection of animals with respect to biodiversity and compliance with international treaties (e.g. CITES). Successful was also the seminar organised by the Society for Animals of the Czech Union for Nature on animal protection intended for interest association members. The interest groups of activists held protests against long lasting transport of animals to the third countries, farm breeding of fur animals, and Christmas market sale of fish, and another campaign was launched requesting the setting out of European standards for dairy cows. The activities planned for 2013 comprise the inspection of Cross-compliance requirements in the field of animal welfare pursuant to Article 124 para 5 letter b) of Council Regulation (EU) No 73/ establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, which constitutes the basic condition for the provision of direct payments and support. It concerns the requirements that shall be subject to inspection ensuing from Council Directive No /119/EC laying down minimum standards for the protection of calves, Council Directive No /120/EC laying down minimum standards for the protection of pigs, and Council Directive No 98/58/EC concerning the protection of animals kept for farming purposes. All the controlled requirements laid down in the above referred to directives are implemented through the AWA and Decree No 208/ Coll., on minimum standards for the protection of farm animals. An analysis is being carried out in order to streamline the supervisory activities, including the changes in the multiannual plan which is now in the pipeline. For these reasons and in line with the new EU requirements also a change in reporting the activities in this field can be anticipated which will most likely result also in discontinuation of publishing of this bulletin which in its updated version provided information required based on the methodology valid before the CR joined the EU and in the years after until. E 2. BRIEF OVERVIEW OF LEGISLATION OF THE CR RELATED TO ANIMAL PROTECTION (status as of 31 January 2013) The animal protection is currently laid down to a higher or lower level of detail in a number of legislation. This body of legislation is so extensive that it is useful to divide it into two categories. It is therefore possible and generally accepted in the field of animal protection to divide it into the so called direct and indirect protection of animals against cruelty. Direct protection of animals against cruelty covers the protection of animals as stipulated by legislation defining, prohibiting and penalising activities considered to be the cruelty to animals. Indirect protection of animals against cruelty covers the protection of animals as stipulated by legislation laying down the care of their health, governing the breeding conditions and handling the animals, including the breeding and stirpiculture, quality and safety of feedstuffs, environmental protection and protection of wild animal species, including the specific conditions of zoological gardens and protection of animals during game management, fishery, trade in animals, and by multiple other public laws. That means the legislation the main aim of which is not the protection of animals against cruelty, which nevertheless through its provisions contribute to the protection of animals.

7 6 Information bulletin of the State Veterinary Administration, No 4a / 2013 E 2.1. Direct protection of animals against cruelty is covered by the following legislation: Act No 246/1992 Coll., on the protection of animals against cruelty, as amended by Act No 162/1993 Coll., Act No 193/ Coll., Act No 243/ Coll., finding of the Constitutional Court No 30/ Coll., Act No 77/ Coll., Act No 413/ Coll., Act No 77/ Coll. and Act No 312/ Coll., Act No 291/ Coll. and Act No 308/ Coll. and Act No 359/, Coll., Decree No 208/ Coll., on minimum standards for the protection of farm animals, as amended by Decree No 425/ Coll. and Decree No 464/ Coll., Decree No 464/ Coll., Decree No 78/ Coll. and Decree No 22/2013 Coll., Decree No 346/ Coll., on laying down more detailed conditions on keeping and training of animals, Decree No 411/ Coll., defining animal species requiring special care, as amended by Decree No 205/ Coll., Decree No 4/ Coll., on the protection of animals during transport, as amended by Decree No 22/2013 Coll., Decree No 114/ Coll., on the protection of handicapped animals in breeding, as amended by Decree No 22/2013 Coll., Decree No 418/ Coll., on the protection of animals at the time of killing, as amended by Decree No 34/2013 Coll., Decree No 419/ Coll., on the protection of experimental animals, Decree No 21/2013 Coll., laying down the conditions for breeding dogs and cats, Decree No 22/2013 Coll., on education and training in the field of protection of animals against cruelty, Act No 40/ Coll., Penal Code, as amended. As an EU Member State the Czech Republic is also obliged, in the framework of animal protection, to comply with the following EU regulations and Commission decisions: Council Regulation (EC) No 1255/97 of 25 June concerning Community criteria for staging points and amending the route plan referred to in the Supplement to Directive 91/628/EEC, Council Regulation (EC) No 1040/ of 11 June amending Regulation (EC) No 1255/97 as regards the use of staging points, Regulation of the European Parliament and the Council (EC) No 882/ of 29 April on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules, Council Regulation (EC) No 1/ of 22 December on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No 1255/97, Council Regulation (EC) No 1099/ of 24 September on the protection of animals at the time of killing, Commission Implementing Decision establishing a common format for the submission of the information pursuant to Directive of the European Parliament and of the Council /63/EU on the protection of animals used for scientific purposes (/707/EU). E 2.2. Indirect protection of animals is laid down in the following legislation in particular: Animal health veterinary care: Act No 166/ Coll., on veterinary care and amending certain related laws (Veterinary Act), as amended by Act No 29/ Coll., Act No 154/ Coll., Act No 102/ Coll., Act No 76/ Coll., Act No 120/ Coll., Act No 309/ Coll., Act No 320/ Coll., Act No 131/ Coll., Act No 316/ Coll., Act No 444/ Coll., Act No 48/ Coll., Act No 186/ Coll., Act No 124/ Coll., Act No 182/ Coll., Act No 298/ Coll., Act No 291/ Coll., Act No 223/ Coll., Act

8 Information bulletin of the State Veterinary Administration, No 4a / No 227/ Coll., Act No 281/ Coll. and Act No 308/ Coll., Act No 18/ Coll. and Act No 359/ Coll., Decree No 291/ Coll., on prohibition of administering some substances to animals, the products of which are intended for human consumption, and on monitoring of the presence of unauthorised substances, residues and contaminants in live animals and animal products which could make the products of animal origin harmful to human health, as amended by Decree No 232/ Coll., Decree No 375/ Coll. And Decree No 129/ Coll., and Decree No 51/ Coll., Decree No 372/ Coll., on veterinary checks in trading in animals, as amended by Decree No 164/ Coll., Decree No 377/ Coll., on veterinary checks on imports and transits of animals from third countries, as amended by Decree No 259/ Coll., Decree No 382/ Coll., on veterinary requirements on trade in animals and on veterinary conditions of their import from third countries, as amended by Decree No 260/ Coll. and Decree No 156/ Coll., and Decree No 416/ Coll., Decree No 202/ Coll., on measures for prevention and eradication of African swine fever, Decree No 356/ Coll., on monitoring of zoonoses and zoonotic agents and amending Decree No 299/ Coll., on measures for prevention and eradication of epizooties and zoonoses, Decree No 389/ Coll., on measures for control of foot and mouth disease and its prevention and amending Decree No 299/ Coll., on measures for prevention and eradication of epizooties and zoonoses, as amended by Decree No 356/ Coll., Decree No 610/ Coll., on identification and passports for dogs, cats and ferrets kept as companion animals during their non-commercial movements and amending Decree No 296/ Coll., on animal health and its protection, on movements and transport of animals and on authorisation and professional competence to perform certain professional veterinary activities, as amended by Decree No 342/ Coll., Decree No 128/ Coll., on modification of veterinary and hygiene requirements for some food businesses handling the animal products, Decree No 342/ Coll., on animal health and its protection, on movements and transport of animals and on authorisation and professional competence to perform certain professional veterinary activities, Act No 381/1991 Coll., on the Chamber of Veterinary Surgeons of the Czech Republic, as amended. Animal husbandry: Act No 154/ Coll., on breeding, stirpiculture and record keeping of farm animals and on amendments to some related laws (Breeding Act), as amended, Decree No 136/ Coll., laying down details concerning identification and registration of animals and registration of farms and persons defined by the Breeding Act, as amended, Decree No 447/ Coll., on animal genetic resources, Decree No 448/ Coll., on implementing some provisions of the Breeding Act, as amended, Decree No 370/ Coll., on professional courses for the performance of some professional activities in the field of breeding and stirpiculture of farm animals, Act No 242/ Coll., on organic farming and amendments to Act No. 368/1992 Coll., on administrative fees, as amended, Decree No 16/ Coll., implementing some provisions of Act on organic farming, as amended, Decree No 268/ Coll., on technical requirements for buildings, as amended, Government Order No 27/ Coll., laying down the methods of organisation of work and work procedures that the employer is obliged to ensure for work related to animal breeding.

9 8 Information bulletin of the State Veterinary Administration, No 4a / 2013 Feedstuffs: Act No 91/ Coll., on feedstuffs, as amended, Decree No 356/ Coll., implementing Act No 91/ Coll., on feedstuffs, as amended by Decree No 178/ Coll., as amended, Decree No 415/ Coll., laying down the requirements for sampling and publishing the methods of laboratory testing of products intended for feeding, Act No 147/ Coll., on the Central Institute for Supervising and Testing in Agriculture and on amendments to some related laws (Act on the Central Institute for Supervising and Testing in Agriculture), as amended. Phytosanitary care: Act No 326/ Coll., on phytosanitary care and amendments to some related laws, as amended, Decree No 32/ Coll., on products and other plant protection products, as amended, Decree No 327/ Coll., on the protection of bees, game and aquatic animals and other nontarget organisms in the use of plant protection products. Protection of Nature and Landscape: Act No 114/1992 Coll., on nature and landscape protection, as amended, Decree No 395/1992 Coll., implementing certain provisions of Act No 114/1992 Coll., on nature and landscape protection, as amended, Decree No 152/ Coll., on different procedure in the protection of birds and a derogation from basic conditions of protection of specially protected bird species for the purposes of their marking, Decree No 294/ Coll., on different procedure in killing the Starling (Sturnus vulgaris), Decree No 316/ Coll., on keeping animals temporarily or permanently incapable of surviving in the wild and on the care of these animals in rescue stations (Decree on handicapped animals), Act No 115/ Coll., on compensation of damages caused by selected specially protected animals, as amended, Decree No 360/ Coll., on the calculations of amount of compensation of damages caused by selected specially protected animals to specified domestic animals, guard dogs, fish, bee colonies, apiaries, unharvested field crops and forest stand, Act No 100/ Coll., on the protection of wild animal and wild plant species by regulating trade in them and other measures for the protection of these species and amendments to some laws (Act on Trade in Endangered Species), as amended, Decree No 210/ Coll., on implementing certain provisions of the Act on Trade in Endangered Species. Protection of the Environment: Act No 282/1991 Coll., on the Czech Environmental Inspection and its functions in forest protection, as amended, Act No 17/1992 Coll., on the environment, as amended, Act No 100/ Coll., on the environmental impact assessment and amendments to some related law (Environmental Impact Assessment Act), as amended, Act No 78/ Coll., on the genetically modified organisms and genetic products handling, as amended, Decree No 209/ Coll., on detailed conditions of disposal of genetically modified organisms and products, as amended. Game Keeping: Act No 449/ Coll., on game management, as amended,

10 Information bulletin of the State Veterinary Administration, No 4a / Fishery: Decree No 244/ Coll., implementing some provisions of Act No 449/ Coll., on game management, as amended, Decree No 245/ Coll., on hunting periods for the individual game species and on detailed conditions governing hunting, as amended. Act No 99/ Coll., on fishpond management, enforcement of fishery law, Fish Warden, protection of marine fishery resources and amendments to some related laws (Act on Fishery), as amended, Decree No 197/ Coll., implementing the Act No. 99/ Coll., on fishpond management, enforcement of fishery law, Fish Warden, protection of fishery marine resources and amendments to some related laws (Act on Fishery), as amended. Zoological Gardens: Act No 162/ Coll., laying down conditions for operating zoological gardens and amendments to some laws (Act on Zoological Gardens), as amended. Business Trade in Animals and their Training: Act No 455/1991 Coll., on business in trade (Trade Act), as amended, Government Order No 278/ Coll., laying down the subject of business of individual trades, as amended. Protection of Public Health: Act No 258/ Coll., on protection of public health and amendment to some related laws, as amended. Decree No 448/ Coll., laying down hygienic requirements for cosmetic products, as amended. Pharmaceuticals and Chemical Substances: Act No 378/ Coll., on pharmaceuticals and on amendments to some related laws (Act on Pharmaceuticals), as amended, Decree No 54/ Coll., on prescribing medicinal products, information included in the medical prescription and on the rules governing the use of medical prescriptions, as amended, Decree No 84/ Coll., on good pharmacy practice, more detailed conditions for handling the medicinal products in pharmacies, health care facilities and other operators and facilities supplying medicinal products, as amended, Decree No 86/ Coll., on laying down the principles of good laboratory practice in the field of medicinal products, Decree No 226/ Coll., on good clinical practice and more detailed conditions for clinical trials, Decree No 228/ Coll., on authorisation of medicinal products, as amended, Decree No 229/ Coll., on manufacturing and distribution of medicinal products, Decree No 344/ Coll., on the use, prescription and supply of medicinal products in the provision of veterinary care, as amended, Act No 120/ Coll., on conditions for the placing on the market of biocide preparations and active substances and on amendments to some related laws, as amended, Act No 350/ Coll., on chemical substances and chemical preparations and on amendments to some laws (Chemicals Act). Other legislation: Act No 40/1964 Coll., Civil Code, as amended, Act No 200/1990 Coll., on infringements, as amended,

11 10 Information bulletin of the State Veterinary Administration, No 4a / 2013 Act No 361/ Coll., on road traffic and on amendments to some related laws (Act on Road Traffic), as amended, Decree No 512/ Coll., on special professional competence of officials of territorial self-governing units, as amended, Decree No 213/ Coll., laying down a list of theoretical and practical areas constituting the content of the education and training required in the Czech Republic for the performance of regulated activities in the framework of competence of the Ministry of Agriculture, Act No 634/ Coll., on administrative fees, as amended, Act No 500/ Coll., Administrative Procedure Code, as amended, Act No 59/ Coll., on prevention of serious accidents caused by selected hazardous chemical substances or chemical preparations and on amendments to Act No 258/ Coll., on public health protection and on amendments to certain related laws, as amended, and Act No 320/ Coll., amending and repealing certain laws in relation to the cessation of activities of District Authorities, as amended, (Act on Prevention of Serious Accidents), Act No 273/ Coll., on the Police of the Czech Republic, as amended, Government Order No 453/ Coll., laying down the definition of infectious human diseases, infectious animal diseases, infectious plant diseases and pests of crops for production. E 2.3. Council of Europe legislation The Czech Republic is a contractual party to the following Council of Europe conventions and treaties: The Protocol concerning sanitary, phytosanitary and animal welfare measures in relation to trade to the Europe Agreement between the European Communities and their Member States, of the one part, and the Czech Republic, of the other part, No 200/ Coll., European Convention on the Protection of Pet Animals, No 19/ Coll. of International Treaties, European Convention for the Protection of Animals During International Transport, No 20/ Coll. of International Treaties, European Convention for the Protection of Animals Kept for Farming Purposes, No 21/ Coll. of International Treaties, European Convention for the Protection of Animals for Slaughter, No 114/ Coll. of International Treaties, European Convention for the Protection of Vertebrate Animals Used for Experimental and Other Scientific Purposes, No 116/ Coll. of International Treaties. The Protocol of amendment to the European Convention for the Protection of Vertebrate Animals Used for Experimental and Other Scientific Purposes, No 118/ Coll. of International Treaties. The above mentioned conventions, including the relevant Recommendations constitute the basis for animal protection legislation also in the European Union and their general principles are also enshrined in the Czech legislation. E 2.4. Changes in legislation governing the protection of animals against cruelty in The first quarter of marked the completion of the legislative process related to the proposal for amendment to Decree amending Decree No 208/ Coll., on minimum standards for the protection of farm animals, as amended, that had started at the end of. In the framework of setting the minimum standards for the protection of cattle for fattening, the proposal aimed to allow for keeping the cattle with horns in groups together with cattle without horns provided the cattle is allowed access to range or pasture. This provision helps cattle breeders reduce the costs associated with cattle fattening and thus increase their competitiveness. The amendment to Decree was promulgated in the Collection of Laws on 12 March in Chapter 28 as Decree No 78/ Coll., amending Decree No 208/ Coll., on minimum standards for the protection of farm animals, as amended. The Decree took effect on 1 April.

12 Information bulletin of the State Veterinary Administration, No 4a / In works continued primarily on another amendment to Act No 246/1992 Coll., on the protection of animals against cruelty, as amended, the preparation of which had commenced already at the end of. The main reason behind this amendment was the necessity to incorporate Council Regulation (EC) No 1099/ of 24 September on the protection of animals at the time of killing in the Czech body of law and to transpose Directive /63/EU of the European Parliament and of the Council of 22 September on the protection of animals used for scientific purposes. In January the proposal for amendment to Act on the protection of animals against cruelty was following the discussion by the Government submitted to the Chamber of Deputies of the Parliament of the Czech Republic. The Chamber of Deputies discussed the government bill and adopted some amendments proposed by the Committee on Agriculture of the Chamber of Deputies, and finally adopted the proposal at its 38 th session. On 13 June the government bill was discussed by the Senate of the Parliament of the Czech Republic at its 23 rd session, which returned the submitted document with certain proposed amendments to the Chamber of Deputies. The Chamber of Deputies took a vote on the proposal of the Senate on 19 September and approved the original wording of the bill, which was subsequently referred to the Senate. On 9 October the proposal for amendment to the Act was signed by the President. On 29 October the Act was promulgated in the Collection of Laws in Chapter 134 as Act No 359/ Coll., amending Act No 246/1992 Coll., on the protection of animals against cruelty, as amended, Act No 634/ Coll., on administrative fees, as amended, and Act No 166/ Coll., on veterinary care and amending certain related laws (Veterinary Act), as amended. Therefore the amendment to the Act on protection of animals against cruelty became effective on 1 January 2013, which was the deadline for incorporation of the regulation and transposition of the directive into the Czech body of law. Council Regulation (EC) No 1099/ of 24 September on the protection of animals at the time of killing took effect on 1 January This regulation lays down the rules for the killing of animals bred or kept for the production of food, wool, skin, fur or other products as well as the killing of animals for the purpose of depopulation and for related operations. Directive /63/EU of the European Parliament and of the Council of 22 September on the protection of animals used for scientific purposes imposes upon the Member States the obligation to adopt and publish by 10 November the laws, regulations and administrative provisions necessary for the compliance with this Directive. These laws shall be applied from 1 January This directive establishes measures for the protection of animals used for scientific or educational purposes. Its wording was incorporated in the proposal for amendment to the AWA and resulted in extensive changes in those parts of the Act related to experimental animals. Council Directive /120/EC of 18 December laying down minimum standards for the protection of pigs in Article 6 imposes upon the Member States to ensure that any person who employs or engages persons to attend to pigs ensures that the person attending to the animals has received instructions and guidance and also to ensure that appropriate training courses are available. This obligation was not stipulated in the AWA, which is why it was later incorporated in the proposal for the amendment to the AWA. The amendment to the AWA also responds especially to ever more stringent EU requirements for the qualification of staff killing the animals or working with experimental animals, and stipulates the minimum requirements for education and vocational training of these persons in order for them to acquire, maintain and document the required qualification, and it also stipulates the requirements placed on the training centre. Apart from that it also introduces new penalties, namely the prohibition of animal breeding and forfeiture of abused animals or seizure of abused animal with the view to effectively prevent the breeder from future cruelty to animal. The amendment, on the other hand, abolishes the rules for the protection of animals during public performance, which will reduce the administrative burden of organisers of public performances as well as of municipalities. The amendment to Act No 246/1992 Coll., on the protection of animals against cruelty, as amended, was accompanied by works on related legislation the implementing legislation. Decree No 418/ Coll., on the protection of animals at the time of killing, was promulgated in the Collection of Laws in Chapter 153 on 4 December. The Decree stipulates for example the way of documenting the appropriate work practice for persons involved in animal slaughter or in killing fur animals, specimen of various certificates, but also requirements for animal stunning. Carried over from the existing decree are the provisions concerning the determination of the weight of selected species of live fish and water ratio (stocking density) in tubs and portable tanks, including the lowest oxygen levels in water and water temperature. This Decree also follows from the directly applicable EU legislation Council Regulation (EU) No 1099/ of 24 September on the protection of animals at the time of killing, and fully replaces the preceding Decree No 382/ Coll. on the protection of farm animals at the time of slaughter, killing or other ways of putting to death, as amended, which was repealed as of 1 January 2013.

13 12 Information bulletin of the State Veterinary Administration, No 4a / 2013 Decree No 419/ Coll., on the protection of experimental animals, is also linked to the amendment to Act on the protection of animals against cruelty and just like the previous Decree it was promulgated in the Collection of Laws in Chapter 153 on 4 December. This Decree replaced the preceding Decree No 207/ Coll. on the protection, breeding and use of experimental animals, as amended. Apart from setting the specimen of various applications or statistical tables, it also defines the requirements for the function and layout of spaces and equipment of facilities in which the experiments on animals are conducted, including the breeding and operating premises, and it also lays down the requirements for the environment and its control (ventilation and temperature, lighting, noise, alarm systems). Also stipulated are the requirements for care of experimental animals and their housing, handling the captured wild animals intended for experiments, and numerous other situations, including the ways of killing of individual species of experimental animals. The Decree took effect on 1 January At the end of works were completed on the Decree laying down the conditions for breeding dogs and cats, and first and foremost also on the Decree on education and training in the field of protection of animals. These Decrees are ready to be signed by the Minister and subsequently at the beginning of 2013 to be promulgated in the Collection of Laws. E 3. ANIMAL PROTECTION PROGRAMME The Central Veterinary Administration of the State Veterinary Administration (hereinafter referred to as the CVA SVA ) in the field of animal protection pursuant to Section 22 para 1 letter a) of the AWA draws up and implements the animal protection programme and pursuant to letter g) keeps and publishes information on the programme on the SVA website. It is based on provisions stipulating that the activities pursuant to Section 2 letter f) of Act No 166/ Coll., on veterinary care and amending certain related laws, as amended (hereinafter referred to as the Veterinary Act ) comprise the supervision of compliance with conditions and requirements set out by the referred to Act and special legislation (interalia also the AWA) or directly applicable EC legislation [e.g. Council Regulation (EC) No 1/ of 22 December on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No 1255/97], especially by Regulation of the European Parliament and of the Council (EC) No 882/ on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules. The methodology of the programme also reflects the requirements and recommendations of DG(SANCO) missions. In order to achieve a uniform procedure of veterinary administration authorities in the field of protection of animals against cruelty and animal welfare, the Methodological Guideline Animal Protection Programme (hereinafter referred to as the MG-AP Programme ) was published, the amendment to which took effect on 1 June. Towards the end of that year with respect to the referred to MG-AP Programme by SVA letter Ref. No 6739/ of 21 December the Multi-annual Plan of Inspections for was revised and a summary was presented of individual areas of inspections, stating the minimum frequency of inspections and specifying the way of record keeping of the conducted inspection in the framework of SVA Information System (hereinafter referred to as the RVA IS ). The focus of inspections on farm animal welfare in breeding establishments in was defined based on the risk analysis. In line with the methodological guidelines the professional activity in the field of animal welfare and protection of animals against cruelty, particularly the methodological guidance of supervision and its performance in selected cases, regular evaluation of activities and submission of measures and professional proposals are at the CVA SVA conducted by the Department of Animal Health and Welfare Welfare Division of the State Veterinary Administration of the CR. The performance of supervision of the observance of duties imposed upon breeders and other natural and legal persons pursuant to the Veterinary Act, the AWA and the directly applicable EC legislation is entrusted to the competent Regional Veterinary Administrations and the Municipal Veterinary Administration in Prague (hereinafter referred to as the RVAs ). The qualification prerequisite for the authorization to perform the referred to supervisory and professional activities is the compliance with conditions of Section 26 of the AWA evidenced by a certificate. It is assumed that for the performance of supervisory activities the animal welfare inspector is equipped with personal protection equipment and relevant measuring devices (for measuring the dimensions, temperature, etc.) and aids necessary for the performance of supervision (flashlight, measuring instruments, etc.). The RVA in line with its organisational structure shall designate an officer Chief Inspector of the RVA for animal welfare, and entrust

14 Information bulletin of the State Veterinary Administration, No 4a / him with the management and control of professional activities in this field. It shall also authorise the RVA inspectors veterinary surgeons to perform the supervision of animal welfare within the respective technical units of their workplace (e.g. veterinary hygiene centres VHC, slaughterhouses, assembly centres) or within their defined area of responsibility. The Chief Inspector of the RVA for animal welfare is responsible for the management of technical aspects of animal welfare and for the supervision of animal protection at the level of RVA. He manages the technical activities of inspectors RVA veterinary surgeons for animal welfare, assigns them specific tasks in line with the methodological guideline (hereinafter referred to as the MG ). As laid down in the MG, he cooperates with the heads of RVA departments in matters concerning animal welfare, coordinates this activity and regularly updates the RVA management or the CVA SVA on his activities. He draws up and checks the plan of inspections carried out in the field of animal welfare. He keeps and archives the technical documents associated with safeguarding animal protection and welfare. He is responsible for record keeping and checking the data on inspections in the database of the welfare module of the SVA IS client. The RVA inspectors official veterinary surgeons in the field of animal welfare protection, to the extent laid out in the assignment and instructions of the Chief Inspector of the RVA for animal welfare, shall perform the supervision of animal protection and welfare at their workplace (e.g. assembly centre, slaughterhouse) or within their defined territorial responsibility. They keep technical documents relevant for the ensurance of animal protection and welfare within their area of responsibility. They ensure record keeping, checking and archiving of inspections in the database of the welfare module of SVA IS client. They evaluate the results obtained in the respective area under their territorial responsibility. In keeping with the set guidelines they provide written or other topical information on their activities to the Chief RVA inspector for animal welfare, particularly in case of inspection findings of violation of animal protection legislation where they are involved in the preparation of supporting documents for further procedure. The RVA inspectors veterinary surgeons in the field of veterinary hygiene and public health (hereinafter referred to the VHC inspectors ) ensure specific professional and supervisory activities in the framework of protection of animals against cruelty and animal welfare by: a) regular ( daily ) checks on animal protection and welfare during the transport of animal consignments to slaughterhouses, b) regular ( daily ) checks on animal protection and welfare at the time of slaughter, c) regular (at least once every quarter) evaluation of findings detected in the inspections of meat and organs, d) checks on ritual slaughters at every slaughter, e) random checks on the seasonal sale of live fish 5 % at least, f) at least quarterly inspection focused on records held by the operator on the arrivals and unloading of animal consignments, checks on the slaughtering devices and equipment used, etc. The data is recorded in accordance with principles as defined in the user s manual entitled Methodological support of the SVA Department for information and communication technologies for work with the Client of the SVA Information system Explanation of control points in record keeping of welfare inspections in the welfare module of the SVA IS Client (hereinafter referred to as the DICT manual ). The above presented basic division of the specific professional and supervisory activities in the framework of protection of animals against cruelty and animal welfare within the RVA does not exclude the substitutability of inspectors and performance of other activities than those defined by the plan (e.g. extraordinary inspections of the CVA SVA or RVA). Nonetheless, it is sought to observe the principles of the referred to system because of links between the supervisory activities in the protection of animals and core professional activities as well as other vocational training and provision of organisational and professional information. It is also possible that based on specific conditions also another RVA officer may become involved in the performance of supervision provided he satisfies the qualification requirements. In the conduct and evaluation of the scope of supervisory activities the differences between the activities in individual regions shall be respected, such as different intensity and specific level of agricultural production and other professional specifics of the administrative area (e.g. predominance of supervisory activities in companion animals in large towns and cities). The determination of frequency of inspections and planning of the activities follow the methodology of the Multi-annual Plan of Inspections (MPI) for the given year. The RVA inspectors for the field of animal welfare, apart from the documents in PC database, complete and in compliance with the prescribed requirements archive the Protocol on control findings and other prescribed documentation (e.g. the copies of documents on approval of vehicles, type-1, type-2 certificates of approval of vehicles).