THE PRIME MINISTER
promulgates
the consolidated text of Act No 246/1992 Coll.
on the protection of animals against cruelty, as amended by Act No 162/1993 Coll., Act No 193/1994 Coll., Act No 243/1997 Coll., finding of the Constitutional Court No 30/1998 Coll., Act No 77/2004 Coll., Act No 413/2005 Coll., Act No 77/2006 Coll. and Act No 312/2008 Coll.
A C T
on the protection of animals against cruelty
The Czech National Council has adopted the following Act:
Animals, like humans, are living beings and are capable of experiencing various degrees of pain and suffering, and hence they deserve attention, care and protection by man.
PART ONE
GENERAL PROVISIONS
§ 1
Purpose of the Act
(1) The purpose of this Act is to protect animals, which are living beings capable of experiencing pain and suffering, against cruelty, damage to their health and killing without any reason whatsoever, if caused by man, even if by negligence.
(2) This Act incorporates the relevant legislation of the European Community) and in connection with the directly applicable legislation of the European Community1a) regulates
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1) Council Directive 86/609/EEC of 24 November 1986 on the approximation of laws, regulations and administrative provisions of the Member States regarding the protection of animals used for experimental and other scientific purposes.
Council Directive 93/119/EC of 22 December 1993 on the protection of animals at the time of slaughter and killing.
Council Directive 98/58/EC of 20 July 1998 concerning the protection of animals kept for farming purposes.
Directive 2003/65/EC of the European Parliament and of the Council of 22 July 2003 amending Council Directive 86/609/EEC on the approximation of laws, regulations and administrative provisions of the Member States regarding the protection of animals used for experimental and other scientific purposes.
1a) Council Regulation (EC) No 1255/97 of 25 June 1997 concerning Community criteria for staging points and amending the route plan referred to in the Annex to Directive 91/628/EEC.
Council Regulation (EC) No 1040/2003 of 11 June 2003 amending Regulation (EC) No 1255/97 as regards the use of staging points.
Council Regulation (EC) No 1/2005 of 22 December 2004 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.
a) the requirements for and conditions of protection of animals against cruelty,
b) the rights and obligations of natural and legal persons in the field of protection of animals against cruelty, including requirements for their qualification and professional competence, and
c) the system, scope of activities and powers of authorities executing state administration in the field of protection of animals against cruelty.
§ 2
(1) Cruelty to animals shall be prohibited.
(2) All forms of promoting cruelty to animals shall be prohibited.
§ 3
For the purposes of this Act
a) ”animal” means a live vertebrate, other than man, excluding foetal or embryonic forms,
b) ”wild animal” means any animal of a species the wildlife population of which lives independently, including those kept in captivity,
c) ”animal under human care” means any animal, directly dependant on immediate care of man,
d) ”farm animal” means any animal kept for the production of animal products, wool, skin or fur, or for some other farming or business purposes, namely cattle, pigs, sheep, goats, horses, donkeys and their crossbreds, poultry, rabbits, fur animals, game and other farm animals and fish, including animals produced as a result of genetic modifications or novel genetic combinations,
e) ”companion animal” means any animal kept not primarily for farming purposes, namely kept in premises designated for that purpose or in households above all for leisure time activities, or any animal kept for companionship,
f) ”handicapped animal” means any wild animal which as a consequence of injury, disease or other circumstances is temporarily or permanently unable to survive in the wild,
g) ”animal species requiring special care” means an animal species kept as companion animal, which because of its biological characteristics has special requirements as concerns its handling, housing, feeding, watering or treatment,
h) ”stray animal” means any animal under human care which is not under permanent control or supervision of any natural person or a keeper and which moves freely outside its accommodation, enclosure or outside the household of its keeper,
i) ”abandoned animal” means any animal originally under human care which is not under direct control or supervision of a natural person or a keeper, and the facts established indicate that its keeper abandoned it with the intention to get rid of it or banish it,
j) ”experimental animal” means any animal, used or to be used in experiments, including wild animal, free-living forms and reproducing larval forms,
k) ”keeper” means any legal or natural person who keeps or breeds (hereinafter referred to as ”keeps”) an animal or animals, on a permanent or temporary basis, moves the animal, or trades in animals, operates slaughterhouses, shelters, rescue centres, hotels and boarding houses for animals or zoological gardens1b), conducts experiments on an animal or animals or organises their public performances,
l) ”laboratory animal” means any animal, kept in a breeding establishment particularly for experimental purposes,
m) ”suffering of an animal” means any condition of an animal caused by any stimulus or intervention, which the animal is incapable of relieving itself of and which causes pain, injury, health disorder or death to the animal,
n) ”unnecessary pain” means pain inadequate with regard to the nature of the necessary intervention,
o) ”killing” means any intervention or action causing death of an animal,
p) ”slaughtering” means killing of a slaughter animal1c for the purpose of the use of its products,
r) ”euthanasia” means killing of an animal, painlessly if possible, by the prescribed veterinary means and equipment, performed by a veterinarian, a person professionally competent pursuant to section 17 para 1, or performed under his supervision,
s) ”torturing to death” means causing death of an animal as a result of human behaviour causing pain or other suffering to the animal, which the animal survives and which, however, necessitates its euthanasia as a consequence of suffering, or killing of an animal by prohibited methods (section 5 para 8 and section 14 para 1),
t) ”cropping of ears” means any surgical procedure for cosmetic reasons carried out on both sides of the animal’s head to gain a similar shape, resulting in the loss of ear lobe, and thus in the modification of the animal’s appearance,
u) ”experiment” means any experimental or other scientific use of an animal, which causes or is liable to cause pain, distress or suffering of the animal, or which may result in permanent damage or deterioration of the natural way of life of the animal, or which as a consequence of the performed interventions or conducted actions causes or can cause a congenital damage to the animal; experiments are deemed to be also such cases, where the suffering of or permanent damage to the animal was avoided by successful use of general or local anaesthetics, pain-relieving means or other methods. Veterinary therapeutic, preventive or diagnostic measures, insemination and embryo transfer, slaughtering animals or identification of animals under systems of rearing and activities as specified in section 15 para 8 are not an experiment pursuant to this Act,
v) ”experimental project” means an intention and objective of an animal experiment expressed in writing, which shall include the identification of the user establishment and data on its accreditation (section 15 para 2), especially the designation of the person responsible for care of animals in the user establishment; the experimental project shall also include the designation of the person authorised to manage the experiment (experiment leader), the rationale of the experiment, designation of the species of experimental animals, their number and origin, definition of conditions of the experiments and veterinary conditions, including the mandatory methodology of the experiments and the manner of conduct and conclusion of the experiments,
w) ”establishment” means any holding, institute, buildings, group of buildings or other premises, in which activities with animals are conducted; it may include facilities, which are not wholly enclosed or covered, as well as mobile facilities,
x) ”breeding establishment” means any establishment where laboratory animals are bred,
y) ”supplying establishment” means any establishment, from which laboratory animals are supplied for consideration,
z) ”user establishment” means any establishment where animals are used in experiments,
aa) ”transport” means moving live animals by means of transport1c, including their loading, unloading or transfer,
ab) ”intensive husbandry system” means any husbandry system where such breeding methods are applied, in which farm animals are bred in such numbers or density, or under such conditions, or at such production level that their health and welfare depend on frequent supervision of man.
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1b) Act No 162/2003 Coll., on zoological gardens and amending some other laws (Act on Zoological Gardens).
1c) Section 3 of Act No 166/1999 Coll., on veterinary care and amending certain related laws (Veterinary Act).
§ 4
(1) Cruelty to an animal means
a) to force an animal to perform tasks, which are not appropriate with regard to its physical condition and biological characteristics and which are apparently beyond its natural capacities,
b) to train an animal or make an animal perform at public performances or similar events, if it entails pain, suffering, injury or other damage to the animal, as well as to raise, train or purposefully use the animal for aggression against man or against other animals,
c) for other than therapeutic purposes
1. to restrict the provision of feed to the animal, including water, unless stipulated otherwise by special legislation1d),
2. to provide an animal with feed containing admixtures or objects causing pain, suffering or other damage to the animal,
3. to restrict unnecessarily freedom of movement necessary for an animal of a certain species, if it causes suffering to the animal,
d) to release a weak, terminally ill, exhausted or old animal, whose prolonged survival would involve permanent pain or suffering, to other purpose than immediate and painless killing,
e) to administer narcotics or other substances to an animal causing damage to animal organism in order to change its performance or appearance,
f) to train or test an animal on another live animal, except for training of a hunting bird of prey1e), to use other live animals as lures or baits, unless required by hunting1g), to urge animals to attack each other, unless required by hunting, training or the use of sheepdog or shepherd dog, the preparation of an animal for its release into the wild or to activity as referred to in section 14 para 8,
g) to carry out surgical procedures in order to change the appearance or other characteristics of an animal, namely also in cases when the referred to procedures would be carried out with the use of general or local anaesthesia, pain killers or other methods, unless in cases as referred to in section 7 para 3 and 4, especially
1. to crop its ears, to damage its vocal cords or to use other means to control loud vocalisation of animals or for other than health reasons to extract claws, teeth, poison or scent glands,
2. for other than health reasons to cut the antler or its parts in the living tissue (velvet developmental stage,
3. to damage bones, muscles or nerves in wings of birds older than 3 days in order to prevent them from flying,
h) to use impulses, objects or pain inducing aids in such a way they cause clinically apparent injury or subsequent long-term clinically apparent negative changes in the function of the nervous system or other bodily organs of the animals,
i) to administer to an animal, without the consent of a veterinarian1f, veterinary substances or products2, with the exception of over-the-counter substances and products, to carry out interventions involving blood, unless carried out by a professionally competent person1f; hoofcare and farriery shall not be considered such interventions,
j) to cause without any reason undue stress of biological, physical or chemical nature,
k) to keep animals under inappropriate conditions or in such a way they may cause suffering to themselves or to each other,
l) to intervene in the course of parturition in such a way which is not appropriate to its complexity, intensifies pain or damages health of both the mother and the young,
m) to handle, transport or guide an animal in a way causing undue pain, suffering or damage to health or leading to excessive physical exhaustion,
n) to use for tethering or other restriction of animal movement such means, which cause or may be expected to cause injury, pain to the animal or other damage to health of the animal,
o) to kill an animal in such a way, which causes undue pain or suffering to the animal,
p) to overfeed or force feed an animal, unless it is necessary in order to save its life or to keep its good health,
r) to use live animals to feed those animal species, which biologically do not require such way of feeding,
s) to abandon an animal, with the exception of a wild animal, with the intention to get rid of the animal or banish the animal,
t) when handling live fish to remove their scales or fins, to insert fingers under their operculum into gills or press fingers into their eye sockets or forcefully squeeze out the eggs or milt, save for the cases of research or artificial fish breeding or save for the procedure stipulated by a Act on Fisheries and Act on Nature and Landscape Protection1g),
u) to identify an animal by freeze-branding, with the exception of fish, and by hot-iron branding, with the exception of horses, unless stipulated otherwise by special legislation1h),
v) to keep an animal in a manner and at places non-compliant with special legislation1i,
w) to use electric current to restrict the movement of extremities or body of an animal, except for the use of electric fences or electric stunning devices and killing animals or catching fish as specified by special legislation1g),
x) other behaviour the consequence of which is the animal suffering.
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1d) E.g. Decree No 286/1999 Coll., implementing some provisions of Act No 166/1999 Coll., on veterinary care and amending certain related laws (Veterinary Act), on animal health and its protection, on veterinary conditions of import, export and transit of veterinary goods, on veterinary sanitation and attestation studies, as amended by Decree No 399/2001 Coll., Decree No 287/1999 Coll., on veterinary requirements for animal products, as amended.
1e) Section 44 para 2 of Act No 449/2001 Coll., on game management.
1g)Act No 99/2004 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. Act No 114/1992 Coll. , on nature and landscape protection, as amended.
(2) Provisions of para 1 do not apply to interventions or activities
a) associated with urgent need to save life of animals or persons in cases of emergency rescue operations as specified by special legislation1j),
b) carried out in accordance with the approved experimental project.
(3) Provisions of para 1 letter b) do not apply to raising, training and use of an animal to fulfil the tasks assigned to armed forces, security forces or local police by special legislation1k), or to raising and training of dogs conducted by keepers associations or organisations in the framework of leisure time activities. This type of education and training shall be conducted in line with the approved rules of protection of animal protection at public performances (section 7a para 1).
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1f) Section 59 of Act No 166/1999 Coll.
2) Act 166/1999 Coll., as amended.
1h) Act No 154/2000 Coll., on breeding, stirpiculture and record keeping of farm animals and on amendments to some related laws (Breeding Act), as amended. Decree No 136/2004 Coll., laying down details concerning identification and registration of animals and registration of farms and persons defined by the Breeding Act, as amended.
1i) E.g. Decree No 191/2002 Coll., on technical requirements for agricultural buildings.
§ 4a
Promoting cruelty to animals means especially
a) exhibiting, other demonstration or presentation of an animal, which was subject to an intervention as referred to in section 4 para 1 letter g) on the occasion of a public performance,
b) publishing a description or a picture that encourages to perform breeding or training procedures or practices, to capture or kill, to change animal appearance and to conduct interventions into the health condition of the animal involving cruelty to the animal as defined in this Act, unless the accompanying information states or suggests that these activities are prohibited by this Act.
§ 5
(1) Nobody shall kill an animal without any reason.
(2) The reasons to kill an animal are the following:
a) use of the products of a farm animal,
b) weakness, terminal illness, serious injury, genetic or congenital defect, overall exhaustion or old age of the animal, when its survival entails permanent suffering for the animal,
c) immediate threat posed to man by an animal,
d) exercise of the rights of hunting and fishing pursuant to special legislation2a),
e) imposition of emergency veterinary2b) or sanitary measures2c) for the protection against diseases2d),
f) conclusion of an experiment on an experimental animal, unless stipulated otherwise in the experimental project,
g) regulation of the population of animals under human care and wild animals; without prejudice to the provisions of special legislation2a)2e),
h) rodent control2c) and pest control measures2f),
i) imposition of a special measure in case of a failure to identify an animal pursuant to special legislation2g).
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1j) E.g. Act No 239/2000 Coll., on integrated rescue system and amendments to some laws, as amended.
1k) Act No 219/1999 Coll., on 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 the Military Police, as amended.
Act No 553/1991 Coll., on the Municipal Police, as amended.
Act No 555/1992 Coll., on the Prison Service and Judicial Guard of the Czech Republic, as amended.
Act No 13/1993 Coll., the Customs Act, as amended.
Act No 185/2004 Coll., on the Customs Administration of the Czech Republic.
2a) Act No 449/2001 Coll., as amended.
Act No 99/2004 Coll., as amended.
2b) Section 54 of Act No 166/1999 Coll.
2c) Act No 258/2000 Coll., on the protection of public health and amendment to some related laws, as amended.
2d) Section 10 and subsequent sections of Act No 166/1999 Coll.
(3) Slaughtering of animals for slaughter1c) by bleeding may only commence after their stunning ensuring the loss of sensibility and loss of consciousness, which lasts throughout the bleeding. Slaughterhouse dressing of an animal prior to its bleeding shall be prohibited.
(4) In case of industrial processing of fish, the competent veterinary authority may grant a derogation from para 3, in so far as the technology facilitates the processing of fish immediately after its slaughter.
(5) Derogations from the provisions of para 3 may be granted by the Ministry of Agriculture (hereinafter referred to as the ”Ministry”) for the purposes of churches and religious societies2h), the regulations of which shall specify another way of animal slaughter. A church or a religious society may perform such animal slaughter only under veterinary conditions set by the veterinary administration authority for the respective facility. Slaughtering shall be carried out by a professionally competent person, who shall ensure that the slaughtered animals are spared any avoidable suffering.
(6) Euthanasia may only be performed by a veterinarian, a professionally competent person as specified in section 17 para 1 or a major, however, only under professional supervision of a veterinarian or a professionally competent person as specified in section 17 para 1.
(7) Persons killing the animal shall ascertain that the animal is dead by checking its vital signs.
(8) Unless stipulated otherwise by this Act, the following methods of killing animals shall be prohibited:
a) drowning or other methods of suffocating, including the administration of drugs of muscle relaxants type,
b) administration of such substances and products2i), the dose of which does not induce deep general anaesthesia and does not cause subsequently certain death,
c) beating to death, stabbing to death or other methods causing undue pain or suffering to an animal,
d) use of electric current, unless an immediate loss of consciousness occurs,
e) use of adhesives or other similar means causing long lasting restriction of the movement of an animal, and thus resulting in the death of an animal due to lack of food or liquid or as a consequence of other metabolic disorders.
(9) Production, import and sale of jaw traps and glue traps shall be prohibited.
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2e) Act No 114/1992 Coll., as amended.
Act No 100/2004 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 by Act No 444/2005 Coll.
2f) Act No 120/2002 Coll., on conditions for the placing on the market of biocide preparations and active
substances and on amendment to some related laws, as amended.
Act No 326/2004 Coll., on phytosanitary care and amendments to some related laws, as amended.
2g) Section 22 of Act No 154/2000 Coll., on breeding, stirpiculture and record-keeping of farm animals and amendments to some related laws (Breeding Act), as amended by Act No 309/2002 Coll. Section 53 of Act No 166/1999 Coll.
2h) Act No 3/2002 Coll., on freedom of religious confession and position of churches and religious societies and amendment to some related laws (Act on Churches and Religious Societies).
2i) E.g. Act No 167/1998 Coll., on addictive substances and amendment to some related laws, as amended, Act No 79/1997 Coll., on drugs and amendments to some related laws, as amended.
Part TWO
PROTECTION OF ANIMALS DURING KILLING, USE OF ANAESTHESIA AND PROTECTION OF ANIMALS AT PUBLIC PERFORMANCES
§ 5a
General provisions
(1) During transport, moving, guiding, accommodation, restraining or stunning for the purpose of slaughtering or euthanasia of an animal, also at slaughtering, killing or euthanasia of an animal, the animal shall be spared any avoidable pain or suffering. (2) The construction, equipment of slaughterhouses and their operation shall be such as to spare the slaughtered animal any avoidable suffering.
(3) Instruments, materials, restraint, equipment and facilities used for stunning, killing or euthanasia of animals shall be constructed, maintained and used in such a way that these actions are carried out fast and effectively.
(4) Equipment and suitable spare instruments for stunning purposes shall be kept at the place of slaughter for emergency use.
(5) Operator of the facility, which performs slaughtering, euthanasia or killing of an animal, shall provide for the maintenance and regular checks of the instruments, materials, equipment and facilities used for restraining, stunning, killing or euthanasia of animals. The operator shall keep the records of such checks over the period of 3 years and make them available to the competent animal welfare authority upon request.
(6) Persons slaughtering animals at slaughterhouses shall be professionally competent pursuant to the ministerial implementing regulation; other persons carrying out activities related to guiding, accommodation or restraint of these animals, shall be instructed by the operator of the slaughterhouse to perform these activities in a qualified manner.
(7) Operator of the slaughterhouse shall keep records of the professional competence of persons carrying out activities referred to in para 6. Operator of the slaughterhouse shall keep these records over the period of 3 years following after the time these persons ceased performing these activities and make them available to the competent animal welfare authority upon request.
(8) Provisions of para 1 and 3 apply similarly to backyard slaughters, slaughters at farms2j), as well as for slaughters carried out outside slaughterhouses.
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2j)Section 21 para 2 and 3 of Act No 166/1999 Coll.
§ 5b
Slaughtering or euthanasia of sick, exhausted or injured animals
(1) When the survival of an ill, exhausted or injured animal entails its undue suffering, it shall be slaughtered or euthanized at the place where the animal got sick, exhausted or injured, namely under the conditions stipulated by special legislation2.
(2) When the keeper intends to transport a sick, exhausted or injured animal for slaughtering at a slaughterhouse, and unless it is in contradiction with special legislation2, he shall request a veterinarian to conduct the examination of the animal and assessment of its health condition in order to assess the fitness of the animal for transport, and in case of his consent thereto, he shall state his approval in the documentation issued in accordance with special legislation2. The keeper shall, prior to the commencement of the transport of the aforementioned animal, make sure that the animal will be accepted at the slaughterhouse, and only then the transport may commence; the keeper shall ensure that the animal will be transported with care, using the shortest route to the nearest slaughterhouse. The length of the journey shall not exceed 100 km. No keeper shall transport animals, the transport of which is prohibited by directly applicable Community legislation regulating the protection of animals during transport and official controls on products of animal origin intended for human consumption1a)2k).
(3) Person operating the establishment for slaughter, euthanasia or other killing of animals shall be obliged to ensure that animals, who suffered any distress or pain during their transport to the establishment or driving within the establishment, are without any delay slaughtered, euthanized or otherwise killed; the same applies to killing of unweaned young animals. When it is not possible, these animals shall be placed separately and slaughtered, euthanized or killed as soon as possible, however, no later than two hours following the end of their transport or driving. Animals, which cannot move, shall not be further transported or dragged to the place of slaughter, euthanasia or killing in the referred to establishment. Such animals shall be killed at the place where they are lying or, if possible and if it does not cause any unnecessary suffering, they can be moved on a trolley or a mobile platform to the place of slaughter, euthanasia or other killing.
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2k) Annex 1 Section 2 Chapter 3 point 4 of Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption.
§ 5c
Requirements for unloading and guiding of animals at a slaughterhouse
(1) When unloading and driving the animals to the place of slaughter, the animal shall be treated with care, with respect to its gregarious tendencies. If possible under the prevailing conditions, the animals shall be led individually.
(2) Bridges, ramps and gangways shall be constructed in such a way to minimise the risk of injury to an animal and shall be adjusted so as to use the gregarious behaviour of the animals; the way shall be clear of any obstacles and the lighting shall not create hard shadows.
(3) For driving, leading and guiding of animals only the instruments designed for this purpose shall be used and for a short period of time only. Beating, kicking an animal or applying pressure to any sensitive part of its body, including eyes and genitals, crushing, twisting or breaking the tail of an animal shall be prohibited.
(4) A guiding instrument, which administers electric shocks may be used only
a) for adult bovine animals and pigs in case they refuse to move,
b) by applying to the muscles of hind legs,
c) if the animal has enough room to move forward,
d) if the electric shocks lasts no more than one second; the shocks shall be adequately spaced and shall not be used repeatedly in case the animal fails to respond.
(5) A slaughter animal shall not be taken to the place of slaughter, unless it can be slaughtered immediately.
(6) A slaughter animal, which is not taken to the place of slaughter immediately on its arrival at the slaughterhouse, shall be provided by the operator of the slaughterhouse with
a) protection from unfavourable climatic conditions,
b) permanent access to water which does not pose a threat to its health.
(7) A slaughter animal, which is not slaughtered within twelve hours of their arrival in the slaughterhouse, shall be provided by the operator with
a) suitable lairage,
b) sufficient quantities of wholesome feed,
c) permanent access to water, which does not pose a threat to its health,
d) care adequate to that given to an animal in husbandry.
(8) More details shall be stipulated by the Ministry in the implementing legislation.
§ 5d
Requirements for the transport of animals delivered to slaughterhouses in containers
Animals which have been transported in containers to slaughterhouses and are not immediately slaughtered or are not slaughtered before the end of the working shift concerned, shall be watered, fed and protected from inclement weather by the operator of the slaughterhouse (section 5c para 6 and 7).
§ 5e
Restraint of animals before stunning, slaughter or killing
(1) Animals shall be restrained before the slaughter, euthanasia or other killing. Animal’s legs shall not be tied and animals shall not be suspended before stunning or euthanasia, with the exception of poultry and rabbits. Rabbits and poultry shall be brought into a sufficiently relaxed state before the stunning.
(2) When animals are slaughtered for the purposes of a church or a religious society2h), the regulations of which stipulate another method of slaughter (ritual slaughter) and which were granted derogations by the Ministry in accordance with section 5 para 5, the animal is restrained in order to avoid undue suffering of the animal.
(3) Poultry and rabbits may only be suspended for slaughter before the stunning provided that appropriate measures are taken to ensure that, on the point of being stunned, they are in such a physical state for stunning to be carried out effectively and without undue delay.
(4) Animals, which are stunned by mechanical or electrical means applied to the head of the animal, shall be presented in such a position that the equipment can be applied for the appropriate time and the stunning can be carried out effectively and without undue delay.
(5) Electrical stunning equipment shall not be used as a means of restraint or as a guiding instrument.
§ 5f
Methods of stunning animals
(1) Unless stipulated otherwise by special legislation2), the stunning of animals may be carried out only by
a) a captive bolt instrument,
b) an instrument, which administers a blow to the skull,
c) an electrical stunning device,
d) an exposure to carbon dioxide (hereinafter referred to as ”CO2”) or a mixture of gases as specified in special legislation2).
(2) Stunning of an animal as specified in para 1 shall not be carried out unless bleeding of the animal immediately follows; this does not apply to industrial processing of fish.
(3) Use of the puntilla for stunning shall be prohibited; it shall also be prohibited to use the hammer, pole-axe or similar instruments.
(4) A competent person carrying out slaughter shall make sure before the slaughter that the stunning device complies with the requirements set for effective stunning in relation to the given species and category of animals; in case of any doubts as to its 100% effectiveness, the slaughter shall not be carried out.
(5) More details shall be stipulated by the Ministry in the implementing legislation.
§ 5g
Methods of bleeding of slaughter animals
(1) Bleeding of slaughter animals shall be started immediately after stunning, and shall be carried out in such a way as to bring about rapid and complete bleeding.
(2) Slaughter animals shall be bled by incising at least two carotid arteries or the vessels from which they arise, before the slaughter animal regains consciousness.
(3) Neither further dressing procedures nor any electrical stimulation of the animal’s heart may be performed on the animal before the bleeding has ended.
(4) Where one person is responsible for stunning, shackling, hoisting and bleeding of slaughter animals, that person shall carry out those operations consecutively on one animal before carrying them out on another animal.
(5) No bleeding has to be performed in industrial processing of fish. Bleeding of fish upon sale and for own consumption shall be performed after stunning by a heavy percussive blow delivered to the top of the head by cutting gill arches or spinal cord and the vessels right behind the head.
(6) When killing poultry for own consumption, bleeding may be performed by decapitation without previous stunning.
(7) More details shall be stipulated by the Ministry in the implementing legislation.
§ 5h
Methods of killing animals
(1) When killing animals for the purpose of the use of their products and euthanasia of animals in compliance with section 5 para 2 letter e), only the following methods are permitted
a) means inducing insensibility and subsequent death,
b) electrocution with cardiac arrest,
c) exposure to carbon dioxide or overdose of an inhalation drug with anaesthetic properties,
d) mechanically operated instrument causing rapid death,
e) cervical dislocation, or
f) a firearm, only when in compliance with special legislation2a).
(2) When killing unwanted chicks and embryos in hatcheries, only the following methods are permitted
a) mechanically operated instrument causing immediate death, or
b) exposure to carbon dioxide.
(3) When killing farmed fur animals, only the following methods are permitted
a) mechanically operated instrument, which penetrates the brain,
b) injection of an overdose of a drug with anaesthetic properties,
c) electrocution with cardiac arrest,
d) exposure to carbon monoxide,
e) exposure to chloroform, or
f) exposure to carbon dioxide.
(4) The competent veterinary administration authority may authorise the use of other methods for euthanasia of farm animals, ensuring in particular that
a) if methods are used, which do not cause immediate death, appropriate measures are taken to euthanize the animals as soon as possible, and in any event before they regain consciousness,
b) nothing more is done to the animals before it has been ascertained that they are dead.
(5) More details shall be stipulated by the Ministry in the implementing legislation.
§ 6
No person shall abandon an animal with the intention of getting rid of it or banishing it. Releasing an animal into its natural environment, if it is appropriate with respect to the state of its health and conditions of the environment, shall not be considered an abandonment.
§ 7
(1) Except for experiments on animals, any interventions causing pain to animals may be carried out only under general or local anaesthesia by a professionally competent person1f).
(2) No anaesthesia is required
a) when similar interventions in man do not involve anaesthesia,
b) when according to the opinion of a veterinarian the anaesthesia is not feasible or necessary, or it would cause more pain to the animal than the intervention itself.
(3) Where the intervention is performed by a professionally competent person1f), anaesthesia is not required in cases of
a) castrating males younger than seven days in pigs and younger than eight weeks in cattle, sheep, goats or rabbits, which do not suffer from an anatomical anomaly of reproductive organs,
b) dehorning or disbudding in calves and kids younger than four weeks by chemical cauterisation, heat cauterisation using an instrument that produces the required heat for the period of ten seconds at least,
c) tail docking in piglets younger than 7 days and in lambs and puppies younger than eight days,
d) removing spurs, combs, distal wing digits, debeaking, declawing, cutting of the interdigital webbing during the first day of life of poultry, declawing and removing the upper part of the beak in Muscovy dugs younger than 21 days,
e) cauterisation of beaks in chicks younger than ten days that are intended for the production of table eggs,
f) extracting (extirpation) of teeth of suckling piglets,
g) identification of animals by tattooing, ear tagging or microchipping,
h) identification of animals by ear notching, identification of horses by hot-iron branding or freeze-branding in fish.
(4) The interventions referred to in para 3 letter a) and b) in animals older than defined in these provisions can be performed only under anaesthesia.
(5) Identification of animals by tattooing can be performed only by a veterinarian or a person who has completed a training on animal tattooing and has been granted a certificate of competence for this activity. The training shall be held by a higher education institution offering a veterinary study programme, which shall issue a certificate to participants in this training authorising them to perform tattooing on animals, and keep a list of these persons. The implementing legislation shall define the content, scope and organisation of the training on animal tattooing, methods and way of verification of acquired knowledge, issuance of certificates and keeping a list of graduates from these courses.
§ 7a
Protection of animals at a public performance and protection of animals in breeding
(1) Any natural or legal person organising or holding a public performance (hereinafter referred to as the ”organiser”) shall draw up the rules of animal protection at a public performance, which shall be subject to approval pursuant to section 20 para 1 letter l) and which shall be binding for the organiser of and the participants in the public performance. The rules of protection of animals at a public performance are not drawn up by a zoological garden1b) or an operator of a rescue station.
(2) The rules of protection of animals at a public performance shall include particularly the data enabling identification of the organiser, purpose of the rules, species, or age category of animals, which participate in the public performance, way of handling the animals, description of facilities, equipment and aids for handling the animals, description of the premises, where the public performance is to be held, transport of animals to the place of public performance, provision of first aid and veterinary care, instruction of persons on animal protection, reasons for termination of a public performance, and validity and effect of the rules.
(3) Where the competent veterinary administration authority during the supervision of observance of obligations imposed upon keepers and other natural and legal persons detects any violation of obligations by an association of natural or legal persons involved in animal breeding, or an entrepreneur, who within his business activities is involved in animal breeding, it can impose upon this person an obligation to draw up the rules of animal protection in breeding, which is subject to approval pursuant to section 20 para 1 letter l).
(4) The rules of protection of animals in breeding shall include particularly the data enabling identification of the keeper, purpose and objectives of the rules, species of kept animals, biological characteristics of animals, physiological and ethological needs of animals, description of premises, facilities and equipment for animal breeding, description of interventions associated with animal protection, measures to ensure animal health and welfare, authorised methods of killing or interventions for regulation of population, provision of transport of animals, conditions for breeding animals, and validity and effect of the rules. The regulation of an animal population means a set of continuously conducted preventive measures, which should contribute to the maintenance of population of a certain health, genetic, or breeding quality, especially through limiting unnatural supply of food and reproduction possibilities of the population, and the aim of which is to reduce the risks that might arise due to an increase in the population in its territory, and to prevent any suffering of animals or excessive damage, particularly spreading diseases or other adverse effects.
(5) Apart from general particulars, the application for approval of the rules of protection of animals at a public performance or the application for approval of the rules of protection of animals in breeding shall include
a) draft rules in two identical copies and on a data carrier,
b) a written approval to use the provided information for the purposes of information system of the State Veterinary Administration and animal protection authorities.
(6) Associations of natural or legal persons, which are involved in animal breeding, and keepers, who are their members, or entrepreneurs, who within their business activities are involved in animal breeding, shall keep dogs or cats in compliance with conditions set out in the implementing legislation.
(7) A specimen of the application for approval of the rules of protection of animals at a public performance and of the application for approval of the rules of protection of animals in breeding, particulars of the rules of protection of animals at a public performance and the rules of protection of animals in breeding, the content of instructions to be given to persons concerning protection of animals at a public performance, and conditions for breeding cats and dogs, in case of animals for breeding, shall be stipulated by the Ministry in the implementing legislation.
§ 8
Public performances of animals
(1) A public performance means a single or repeated performance of activities with an animal or animals of the keeper, with the exception of targeted locomotory activities and demonstration of animals organised by a zoological garden or a rescue station, which are open to public, namely also via mass media, for the purposes of education and training, advertising, competition or business, or an activity leading to the issuance of a document on an animal comprising the evaluation of its appearance, performance and certain aptitudes; an animal gathering1c) is also considered to be a public performance.
(2) An organiser shall at any public performance provide for the presence of a natural person to be able to
a) recognize the obvious signs of deteriorated state of health of an animal,
b) recognize the changes in behaviour of an animal,
c) appreciate the suitability of the overall environment in order to maintain the animal in good health and welfare,
d) safe handling the respective animal species,
e) ensuring the protection of animals at a public performance.
(3) The organiser shall
a) when organising a public performance proceed in keeping with the rules of protection of animals at a public performance approved by the Ministry,
b) at least 14 days prior to the public performance notify the competent veterinary administration authority of the venue and date of the public performance, species and number of animals, which are to participate in the public performance, name and file number of the rules of protection of animals at a public performance governing the public performance, and data facilitating identification of the person pursuant to para 2, and seek permission from the locally competent municipality pursuant to section 24 para 3 to organise a public performance of animals; no public performance can be held without such a permission,
c) instruct persons taking active part in a public performance on how to handle the animals, prepare the aids or other equipment, inform them about the principles of animal welfare and protection pursuant to this Act, and check the observance of these principles in the course of a public performance,
d) have on him the original of the approved rules of protection of animals at a public performance or its copy during the public performance of animals, and produce it upon request of the animal protection authorities or participants in the public performance of animals,
e) report any violation of conditions of animal protection by a participant in a public performance to the competent animal protection authority pursuant to section 22 para 1.
(4) When there is a reasonable suspicion of a violation of animal protection conditions laid down in this Act or the rules of protection of animals at a public performance by a participant in the public performance, the organiser is entitled to suspend the public performance pending the remedy, or to expel the person who violated the set conditions and to disqualify his animals from the public performance.
PART THREE
PROTECTION OF ANIMALS DURING TRANSPORT
§ 8a
Maximum journey time and technical requirements for the means of transport
(1) The journey time in national transport of farm animals for slaughter at slaughterhouses shall not exceed 8 hours.
(2) Requirements for technical equipment of the means of transport designed for transport of farm animals shall be laid down by the Ministry in a decree issued upon agreement with the Ministry of Transport.
§ 8b
Professional competence in the field of protection of animals during transport
(1) Staff of a transporter or an operator of an assembly center2l) or a gathering centre2m) (hereinafter referred to as the ”assembly center”), who handle the animals, shall complete a training defined in the directly applicable Community legislation2n), and receive a certificate on completion of this training course. This training course shall be the responsibility of a transporter or an operator of an assembly center.
(2) Staff of a transporter or an operator of an assembly center does not have to attend a training course as defined in para 1 in case they present a certificate on completion of a training course, defined in the directly applicable Community legislation2n), issued in another EU Member State.
(3) A transporter or an operator of an assembly center shall keep records on training of persons performing activities referred to in para 1. The records shall comprise the name, surname, date of birth and place of permanent residence or residence2o) of trained persons, content of the training, name and surname of trainers and date of the training course. A transporter or an operator of an assembly center shall to keep these records for 3 years following the date of termination of activity of these persons and to submit it upon request to the competent animal protection authority.
(4) The content of the training and way of certifying the completion of a training course for staff of a transporter or an operator shall be stipulated by the Ministry in the implementing legislation.
(5) Drivers and attendants2p), of road vehicles shall complete a general or specialised training course and acquire a certificate of competence for drivers and attendants of road vehicles in line with the directly applicable Community legislation2q). This certificate shall be issued by the Ministry, namely in the form of a card. The rules of examination shall be approved and the examinations shall be held by the Ministry.
(6) Drivers and attendants of road vehicles do not have to attend a training course pursuant to para 5 in case they present a certificate of competence for drivers and attendants of road vehicles2q) issued in another EU Member State.
(7) The content and scope of a technical course for certificate of competence for drivers and attendants of road vehicles, namely for both a general course focusing on transport of all animal species and a specialised course focusing solely on transport of some animal species, requirements for equipment of the training center, qualification of lecturers, composition of board of examiners, course of the examination, conditions for and method of issuance of a certificate, conditions for and method of issuance of a certificate in the form of a card and its specimen shall be defined by the Ministry in the implementing legislation.
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2l Article 2 letter b) of Council Regulation (EC) No 1/2005.
2m Section 3 para 1 letter f) of Act No 166/1999 Coll., as amended by Act No 131/2003 Coll. and Act No 48/2006 Coll.
2n Article 6 para 4, article 9 para 2 letter a), article 17 para 1 and Annex I and II of Council Regulation (EC) No 1/2005.
§ 8c
General conditions for the transport of animals
(1) No person shall transport animals or cause animals to be transported in a way likely to cause injury or undue suffering to them.
(2) The transporter shall comply with the following conditions of transport:
a) the means of transport are designed, constructed, maintained and operated so as to avoid injury and suffering and ensure safety of the animals,
b) the loading and unloading facilities, if they are used, are adequately designed, constructed, maintained and operated so as to avoid injury and suffering and ensure the safety of the animals,
c) sufficient floor area and height is provided for the animals, appropriate to their size and the intended journey.
(3) The keeper shall
a) offer water and feed to the animals appropriate in quality and quantity to their species and size,
b) offer rest to the animals at suitable intervals,
c) provide first aid to an animal, which got sick or injured during the transport; if the health status of the animals requires so, he shall provide for treatment by a veterinarian.
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2o Act 326/1999 Coll., on the residence of foreigners in the territory of the Czech Republic and on amendment to some laws, as amended.
2p Article 2 letter c) of Council Regulation (EC) No 1/2005.
2q Article 6 para 5, article 17 para 2, Annex III Chapter III and Annex IV of Council Regulation (EC) No 1/2005.
§ 8d
Fitness of animals for transport
(1) No animal shall be transported by the keeper or handed over by him to the transporter for transport unless it is fit for the intended journey.
(2) Animals that are injured or that present physiological weaknesses or pathological process shall not be considered fit for transport and in particular if
a) they are unable to move independently without pain or to walk unassisted,
b) they present a severe open wound, or prolapse,
c) they are pregnant females for whom 90% or more of the expected gestation has already passed, or females who gave birth in the previous week,
d) they are new-born mammals in which the navel has not completely healed, they are pigs of less than three weeks, lambs of less than one week and calves of less than ten days of age, unless they are transported less than 100 km,
e) they are mammals who have not yet been weaned or who have not yet become accustomed to independent intake of feed and water, unless they are accompanied by their mother; this does not apply to wild animals where the mother may pose threat to its young,
f) they are cervine animals in velvet.
(3) Provisions of para 1 and 2 do not apply to the transport of animals
a) for veterinary treatment and back, or if the transport is otherwise necessary to avoid more pain, suffering or damage,
b) upon instruction of a veterinarian for diagnostic purposes.
§ 8e
Means of transport
(1) The keeper shall ensure that the means of transport, containers, cages etc. and their fittings are designed, constructed, maintained and operated so as to
a) avoid injury and suffering and to ensure the safety of the animals,
b) protect the animals from inclement weather, extremely high or low temperatures and adverse changes in climatic conditions,
c) prevent the animals from escaping or falling out and be able to withstand the stresses of movements,
d) present a flooring surface that is anti-slip,
e) present a flooring surface that minimises the urine leakage or faeces falling.
(2) The keeper shall ensure that
a) sufficient space is provided inside the animals’ compartment and that there is adequate ventilation when the animals are in a naturally standing position,
b) cold-blooded vertebrate animals are provided with adequate species-specific water oxygenation , or supply of water or oxygen, namely throughout the entire transport.
(3) Space requirements for the transport of animals shall be stipulated by the Ministry in the implementing legislation.
§ 8f
Transport practices
(1) Objects, which are being transported in the same means of transport as animals, shall be positioned by the keeper so that they do not cause any injury, suffering or distress to the animals.
(2) Where animals are transported in containers, the keeper shall ensure that
a) the containers are not pushed, thrown, pushed down, jolted, tipped over or dropped,
b) the transported animals are always kept upright,
c) the ventilation or in case of cold-blooded vertebrate animals the oxygenation is not impeded when the containers are placed one on top of the other or next to each other,
d) the containers are transported in the horizontal position to avoid urine leakage or faeces falling,
e) the containers are stable, especially when they are placed one on top of the other,
f) the containers of more than 50 kg in total are equipped with securing points and fastened to the means of transport.
(3) It shall be prohibited during transport to
a) strike or kick animals or to use any other violence on animals,
b) apply pressure to any particularly sensitive part of the body in such a way so as to cause them unnecessary pain or suffering,
c) suspend the animals by mechanical means,
d) lift or drag the animals by head, ears, horns, legs, tail or fleece, or handle them in such a way so as to cause them unnecessary pain or suffering,
e) use prods or other implements with pointed ends,
f) knowingly obstruct any animal which is being driven or led through any part where animals are handled,
g) transport animals with tied legs or to tie animals by legs, except for predators kept in captivity as referred to in Act on game management1e).
(4) Electric prods shall only be used for adult bovine animals and adult pigs which refuse to move and only when they have room ahead of them in which to move. The shocks shall last no longer than one second, be adequately spaced and shall be applied to the muscles of the hindquarters. Shocks shall not be used repeatedly if the animal fails to respond.
(5) During the transport the keeper shall ensure that
a) the animals are not tied by the horns, the antlers, the nose rings or by legs tied together,
b) calves are not muzzled,
c) domestic Equidae older than 8 months do not wear halters during transport except for unbroken horses.
(6) When animals need to be tied, the keeper shall ensure that the ropes, tethers or other means used shall be:
a) strong enough not to break during normal transport conditions,
b) such as to allow the animals, if necessary, to lie down and to eat and drink,
c) designed in such a way as to eliminate any danger of strangulation or injury, and so as to allow animals to be quickly released.
§ 8g
(1) Provisions of section 8c to 8f shall apply to the transport for other than farming purposes and to the transport of farm animals for a distance of less than 50 km or within the holding2).
(2) Transpor
