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7 FEBRUARY 2014. - An Act to provide for a variety of provisions relating to animal welfare, international trade in wildlife species threatened with extinction, and animal health

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - Preliminary provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Amendments to the Protection and Welfare of Animals Act of 14 August 1986
Art. 2. In Article 3bis, § 2, of the Law of 14 August 1986 on the Protection and Welfare of Animals, inserted by the Law of 4 May 1995 and last amended by the Law of 6 May 2009, the 7th is repealed.
Art. 3. In article 6, § 2, of the same law, inserted by the law of May 4, 1995, the words "cirques, travelling exhibitions," are repealed.
Art. 4. In the same law, an article 6bis is inserted as follows:
"Art. 6bis. § 1. By derogation from article 3bis, the detention and use of animals in circus and travelling exhibitions are prohibited.
§ 2. The King sets the list of domestic animals which, by derogation from § 1^er, can be held and used in circus and itinerant exhibitions. It sets the conditions for the preservation of the well-being of these animals. These conditions relate to administrative and technical conditions for the identification of animals and their owners, veterinary guidance, care, accommodation, transportation and vaccine status of animals, animal handling, number and competence of personnel and locations. ".
Art. 5. In the same law, an article 12bis is inserted as follows:
"Art. 12bis. The King may impose conditions on persons and associations who introduce animals from abroad for adoption.
These conditions are intended to ensure the well-being of animals and relate to conditions of detention in the country of origin, age, sterilization, treatment against diseases, behaviour, identification, information to adopters and transportation.".
Art. 6. Article 13, § 1^erthe same Act, as amended by the Acts of 4 May 1995 and 19 May 2010, the following amendments are made:
1° 6. is replaced by the following:
"6. the competence of drivers and conveyors and personnel who handle animals in gathering centres, checkpoints or in carriers, the organization of training for these persons and teachers who can provide such training;"
2° § 1^er is completed by the 8.
"8. the issuance, suspension and withdrawal of the driver and conveyor competency certificate. ".
Art. 7. Article 16 of the Act, amended by the Law of 4 May 1995 and the Royal Decree of 22 February 2001, is supplemented by a § 3, which reads as follows:
§ 3. The King may set conditions for:
1. the training of the animal welfare officer and staff working in the slaughterhouses and persons involved in the killing of fur animals, and the organization of such training;
2. the organization of examinations relating to the required competence of the persons referred to in 1.
3. the issuance, suspension and withdrawal of interim and final certificates of jurisdiction to the persons referred to in 1.
4. construction, construction and equipment of slaughterhouses.".
Art. 8. Section 21 of the Act, replaced by the Act of 27 December 2012, is replaced by the following:
"Art. 21. § 1^er. Each user is subject to prior approval by the Minister who has the Animal Welfare in his or her powers. The King shall determine, by order deliberately in the Council of Ministers, the conditions of such approval and the procedure for granting, suspension and withdrawal of the approval.
It may also prescribe additional conditions relating to the destination of animals after completion of animal experiments in which animals were used.
§ 2. Ethics commissions are created among users. The King determines the composition, operation and missions of these ethics commissions.
Ethical commissions are approved and controlled by the animal welfare department. The King sets the rules for the approval and control of ethics commissions.
§ 3. The King appoints a competent authority to authorize the projects.
No project can be conducted without prior authorization.
A project can only be implemented if the project evaluation is favourable.
In this context, the King sets out the conditions and criteria for evaluation to which a project must meet, as well as the procedures for granting, modifying, renewing, suspending and withdrawing the authorization of a project. The King determines that these conditions may involve obligations on the part of project managers.
The King also sets out the conditions for the retrospective appraisal of a project and those of the non-technical summary of a project.
§ 4. The King creates a body called "Cellule for the Welfare of Animals", responsible for the well-being of animals in breeders, suppliers and users. It determines the composition, operation and missions.".
Art. 9. In section 42 of the same law, replaced by the law of 27 December 2012, it is inserted a § 1^er/1 to read:
§ 1^er/1. In cases referred to in § 1^era copy of the report referred to in article 34, § 3, is sent to the Federal Public Service competent for animal welfare.".
CHAPTER 3. - Amendments to the Act of 28 July 1981 approving the Convention on International Trade in Endangered Species of Wild Fauna and Flora, and the Annexes, made in Washington on 3 March 1973, as well as the Amendment to the Convention, adopted in Bonn on 22 June 1979
Art. 10. In Article 5 of the Act of 28 July 1981 approving the Convention on International Trade in Endangered Species of Wild Fauna and Flora, and the Annexes, made in Washington on 3 March 1973, as well as the Amendment to the Convention, adopted in Bonn on 22 June 1979, last amended by the law of 27 December 2012, the words "transfer" are inserted between the word "export" and the word "report".
Art. 11. In section 7, paragraph 11, of the Act, as amended by the Act of December 22, 2003, the words ", inter alia, by hearing the offender and any other useful hearings," are inserted between the words "to any useful findings" and the words "with the possible collaboration of experts".
CHAPTER 4. - Animal health
Section 1^re. - Amendment of the Act of 15 July 1985 on the use of hormone-effect substances, anti-hormonal effect, beta-adrenergic effect or stimulator effect of production in animals
Art. 12. In Article 4 of the Act of 15 July 1985 on the use of hormone-effect substances, anti-hormonal effect, beta-adrenergic effect or stimulator effect of production in animals, last amended by the Act of 23 December 2009, § 1^erter is replaced by the following:
§ 1^erter. By derogation from Article 3, §§ 1^er and 3, the prescription and administration of veterinary drugs containing hormone or anti-hormonal substances to operating animals is permitted, provided that these drugs:
-they have a marketing authorization granted on the basis of Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 establishing community procedures for authorisation and monitoring with respect to drugs for human use and veterinary use, and establishing a European Medicines Agency, and are used according to the manufacturer's specifications;
- whether they have received an authorization to use for clinical trials in accordance with Article 16 of Regulation (EC) No 470/2009 of the European Parliament and of the Council of 6 May 2009 establishing community procedures for the determination of residue limits of pharmacologically active substances in feeds of animal origin, repealing Regulation (EEC) No. 2377/90 of the Council and amending Directive 2001/82/EC of the European Parliament
Section 2. - Amendment of the Act of 12 August 2000 on social, budgetary and other provisions
Art. 13. Article 225 of the Act of 12 August 2000 on social, budgetary and various provisions, last amended by the Act of 29 March 2012, the current text of which will form § 1^er, is supplemented by § 2 written as follows:
"§2. Without prejudice to contributions due in accordance with § 1^er to finance the duties of the administration resulting from the application of the Act of March 25, 1964 on drugs and orders made pursuant to it, the following contributions are due:
1° dependant on the person who has an authorization to put on the market a veterinary drug, a contribution by conditioning put on the market in Belgium equal to 1.75 euro on the prorated basis of each kilogram of antimicrobial substance expressed as a whole in the packaging.
The fixing of the amount due by individual packaging placed on the market will be in euros until the second decimal. The amounts are rounded to the nearest cent or lower. If the fixation gives a result that is exactly half of a euro centime, the amount is rounded to the top unit. The AFMPS will publish on its website a list of contributions due to packagings authorized in Belgium of veterinary drugs containing antimicrobial substances.
2° dependant on the person who has an authorization to put on the market a medicinal premix containing antimicrobial substances, a contribution by conditioning put on the market in Belgium equal to 1.75 euro on the prorated of each kilogram of antimicrobial substance expressed in base present throughout the packaging. The fixing of the amount due by packaging placed on the market will be in euros until the second decimal. The amounts are rounded to the nearest upper or lower centime. If the fixation gives a result that is exactly half of a euro centime, the amount is rounded to the top unit.
The amounts shown in 1° and 2° shall be multiplied by factor 1.5 for antibiotics whose importance is classified as critical, i.e. all substances belonging to the following classes: quinolones, cephalosporins and macrolides.
The above contributions are made to the Federal Agency for Drugs and Health Products.
Contributions referred to in paragraph 1^er are adapted annually, depending on the September index, to the evolution of the UK Consumer Price Index. The starting point is that of September prior to the publication in the Belgian Monitor of the Act of 7 February 2014 on various provisions concerning animal welfare, international trade in endangered species of wild fauna and flora, and animal health. The indexed amounts are published in the Belgian Monitor and are due from 1^er January of the year following that during which the adaptation was made.
The King may set out the terms and conditions for payment of the contributions referred to in this paragraph and the information accompanying the payments in order to allow for control.
Offences to this paragraph or to orders made pursuant to them shall be punished by the penalties provided for in article 16, § 2, of the Act of 25 March 1964 on drugs.
The King shall determine the effective date of this paragraph. ".
Promulgate this Act, order that it be put on the State Seal and published by the Belgian Monitor.
Given in Brussels on 7 February 2014.
PHILIPPE
By the King:
Minister of Social Affairs and Public Health,
Ms. L. ONKELINX
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
House of Representatives
(www.lachambre.be)
Document: 53 - 3104
Full report: 18 December 2014
Senate (www.senate.be):
Documents: 5 - 2414
Annales of the Senate: January 21, 2014.