Miscellaneous Provisions Act On Animal Welfare, International Trade Of Species Of Wild Flora And Fauna Threatened With Extinction, And Animal Health

Original Language Title: Loi portant des dispositions diverses en matière de bien-être animal, de commerce international des espèces de faune et de flore sauvages menacées d'extinction, et de santé des animaux

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014024066&caller=list&article_lang=F&row_id=900&numero=916&pub_date=2014-02-28&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-02-28 Numac: 2014024066 PUBLIC SERVICE FEDERAL public health, food chain safety and environment 7 February 2014. -Law on various provisions on animal welfare, international trade in species of wild flora and fauna threatened with extinction, and health of animals PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Available preliminary Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -Amendments to the Act of August 14, 1986 to the protection and welfare of animals art.
2. in article 3A, § 2, of the Act of August 14, 1986 to the protection and welfare of animals, inserted by the Act of 4 May 1995 and as amended by the Act of May 6, 2009, 7 ° is repealed.
S. 3. in article 6, § 2, of the Act, inserted by the law of 4 May 1995, the words "circuses, exhibitions," are repealed.
S. 4. in the same Act, it is inserted an article 6 bis as follows: "article 6bis. § 1. By way of derogation from article 3A, detention and the use of animals in circuses and travelling exhibitions are prohibited.

§ 2. The King establishes a list of animals domestic who, by way of derogation to the § 1 may be held and used in circuses and travelling exhibitions. It lays down the conditions for the preservation of the welfare of these animals. These conditions concern the requirements administrative and technical concerning the identification of animals and their owners, the veterinary guidance, care, accommodation, transport and the vaccine status of animals, the handling of animals, the number and competence of staff and locations. "."
S. 5. in the same Act inserted an article 12bis as follows: "article 12bis. the King may impose conditions to people and associations which introduce animals from abroad for adoption.
These conditions are designed to ensure the welfare of animals and relate to the conditions of detention in the country of origin, age, sterilization, treatment against diseases, behavior, identification, information to adoptive parents and transport. "."
S.
6 A article 13, § 1, of the Act, amended by the law of May 4, 1995 and may 19, 2010, the following changes are made: 1 ° 6. is replaced by the following: "6. the competence of drivers and conveyors and personnel who handle animals in Assembly centres, checkpoints or among carriers, the Organization of training for these individuals and teachers who can provide this training;";
2 ° the § 1 is supplemented by 8., to read: "8. the granting, suspension and withdrawal of the certificate of qualification of drivers and conveyors.".
S.
7. article 16 of the same Act, amended by the Act of 4 May 1995 and the royal decree of February 22, 2001, is supplemented by a paragraph 3, as follows: "§ § 3 3" The King may lay down conditions regarding: 1. formation of the animal welfare official and staff working in abattoirs and persons involved in killing of fur-bearing animals, and the Organization of this training;
2. the Organization of examinations related to the skill required of the persons mentioned in 1.;
3. the granting, suspension and withdrawal of interim and final certificates of competence to persons mentioned in 1.;
4. the construction, installation and equipment of slaughterhouses. "."
S. 8. article 21 of the same Act, replaced by the law of December 27, 2012, is replaced by the following: 'article 21 § 1. Each user is subject to the grant of prior authorisation by the Minister who has the welfare of the animals in his or her attributions. The King determines, by Decree deliberated in the Council of Ministers, the conditions of such approval and the procedure for granting, suspension and withdrawal of approval.
He may also prescribe additional requirements relating to the destination of the animals once completed 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 committees.
Ethics Boards are approved and controlled by the service responsible for animal welfare. The King lays down the rules for the approval and control of the ethics committees.
§ 3. The King appoints a competent authority which is responsible to authorize projects.
No project can be carried out without that permission be brought to him in advance.
A project can be executed only if the assessment of the project is favourable.
Within this framework the King lays down the conditions and criteria of assessment to which a project must meet and granting procedures, amendment, renewal, suspension and withdrawal of the authorisation of a project. The King determines that these conditions may involve obligations on the part of the projects.
The King also fixes the conditions of the retrospective assessment of a project and the summary non-technique of a project.
§ 4. The King creates an instance, referred to as "Cell for the welfare of the animals", responsible for the welfare of animals at the breeders, suppliers and users. It determines the composition, operation and missions. "."
S. 9. in article 42 of the Act, replaced by the law of 27 December 2012, it is inserted a § 1/1 as follows: "§ 1/1."
In the cases referred to the § 1, a copy of the minutes referred to in article 34, § 3, is sent to the competent Federal Public Service for animal welfare. "."
CHAPTER 3. -Amendments to the Act of 28 July 1981 approving the Convention on international trade of species of wild flora and fauna threatened with extinction, and schedules, made in Washington on 3 March 1973, as well as the amendment to the Convention, adopted in Bonn on June 22, 1979, s.
10. in article 5 of the Act of 28 July 1981 approving the Convention on the international trade of species of flora and fauna wildlife threatened with extinction, and schedules, made in Washington on 3 March 1973, the amendment to the Convention, adopted in Bonn on June 22, 1979, as amended by the Act of 27 December 2012 the words "makes transit" are inserted between the word "exports" and the word "re-exports".
S. 11. in article 7, paragraph 11, of the same law, amended by the Act of 22 December 2003, the words ", inter alia through the hearing of the offender and any other useful hearing," shall be inserted between the words "all useful findings" and the words "with the possible collaboration of experts".
CHAPTER 4. -Health of animals Section 1st. -Amendment of the Act of 15 July 1985 relating to the use of substances to hormonal, anti-hormonal effect, beta-adrenergic effect or stimulatory effect of production in animals article 12. in section 4 of the Act of 15 July 1985 relating to the use of substances having hormonal, anti-hormonal effect, Beta-Adrenergic or production in animals stimulatory effect, greenhouse as amended by the law of December 23, 2009, the § 1B is replaced by the following: "§ 1B." By way of derogation from article 3, §§ 1 and 3, the prescription and administration of veterinary medicinal products containing hormonal substances or anti-hormonales to farm animals is authorized, provided that these drugs:- either have an authorization for placing on the market on the basis of Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision with regard to medicinal products for human use and veterinary use and establishing a European Medicines Agency, and are used according to the manufacturer's specifications;
-or they have received an authorization of 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 laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin, repealing Regulation (EEC) No 2377/90 the Board and amending Directive 2001/82 / EC of the European Parliament and of the Council and Regulation (EC) No 726/2004 of the European Parliament and of the Council. "."
Section 2. -Amendment of the law of 12 August 2000 establishing social, budgetary provisions and various arts.
13. article 225 of the Act of 12 August 2000 on social, budgetary and diverse provisions, as amended by the law of March 29, 2012, including the current text will form the § 1 is added to § 2 worded as follows: "§ § 2 2" Without prejudice to contributions due in accordance with the § 1 for missions of the administration resulting from the application of the law of 25 March 1964 on medicines and taken orders in pursuance of this, the following contributions are due: 1 ° dependant of the person who has an authorization to market a medicinal product for veterinary use, a contribution by packaging put on the market in Belgium equal to 1.75 euro in proportion to each kilogram of antimicrobial substance expressed in base present in all the conditioning.
The fixing of the amount owed by

individual packaging placed on the market will be in euros up to two decimal places. Amounts are rounded to nearest lower the %. If fastening gives a result which is exactly half of one euro cent, the amount is rounded to the upper unit. The FAMHP will publish on its website the list of contributions due for the packaging allowed in Belgium of veterinary drugs containing antimicrobial substances.
2 ° dependant of the person who has an authorization to market a drug premix containing antimicrobial substances, a contribution by packaging put on the market in Belgium equal to 1.75 euro in proportion to each kilogram of antimicrobial substance expressed in this basis in all of the packaging. The fixing of the amount owed by packaging placed on the market will be in euros up to two decimal places. Amounts are rounded to the penny higher or lower nearest.
If fastening gives a result which is exactly half of one euro cent, the amount is rounded to the upper unit.
The amounts in the 1 ° and 2 ° shall be multiplied by a factor 1.5 for antibiotics which the importance is classified as critical, i.e. all substances belonging to the following classes: quinolones, cephalosporins and macrolides.
The above contributions are paid to the Federal Agency for medicines and health products.
Contributions referred to in paragraph 1 are adapted annually, according to the index of the month of September, to changes in the index of prices to the consumer of the Kingdom. The starting index is that of September preceding the publication in the Moniteur belge of 7 February 2014 on miscellaneous provisions Act on animal welfare, international trade of species of wild flora and fauna threatened with extinction, and animal health. Indexed amounts are payable from 1 January of the year following that during which the adaptation was made and shall be published in the Moniteur belge.
The King may define the terms of payment of the contributions referred to in this paragraph as well as the information accompanying payments in order to allow the control.
Offences in this paragraph or to an order made in pursuance thereof are punishable penalties laid down in article 16, § 2, of the law of 25 March 1964 on medicines.
The King sets the date of entry into force of this subsection. "."
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, February 7, 2014.
PHILIPPE by the King: the Minister of Social Affairs and public health, Ms. L. ONKELINX sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note House of representatives (www.lachambre.be): Document: 53-3104 full report: December 18, 2014 Senate (www.senate.be): Documents: 5-2414 annals of the Senate: January 21, 2014.