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DRAFT LAW NO. 375 /X

AMEND THE DECREE-LAW NO. 312/2003, OF December 17,

WHICH ESTABLISHES THE LEGAL REGIME FOR THE DETENTION OF ANIMALS

DANGEROUS AND POTENTIALLY DANGEROUS AS ANIMALS OF

COMPANY

Exhibition of reasons

The recent mediatic cases of animal attacks, namely dogs, the

people, causing them offenses to physical integrity, when not even death, came

once again alert to the urgent need to review that diploma, and of

regulatory, in specific normative, the detention of dangerous companion animals

and potentially dangerous, with establishment of clear and precise rules for your

detention, creation and reproduction.

The conviction that the dangerousness canine, more than the one that is eventually

inherent in its breed or breed crossing, secures itself with factors many times

related to the type of training that is given to them and with the absence of

socialization to which the same are subject, leads to legisle in the sense that to these

animals are provided the appropriate means of accommodation and maneio, so as to

to avoid, as far as possible, the occurrence of non-desirable danger situations.

In addition to this lay out some obligations for holders of animals of

dangerous or potentially dangerous company, among which they excel at

compulsory for the existence of civil liability insurance, as well as of

suitability requirements that can ensure compliance with the standards of welfare

of the animals and the safety of persons and goods. The Decree-Law No. 312/2003, of 17 of

December, establishes the legal regime for the detention of dangerous animals and

potentially dangerous as companion animals. The solutions then adopted,

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despite overall positive, revealed still some shortfalls likely to

correction, that the recent media cases of attacks perpetrated by this type of

animals constitute example.

The introduction of additional requirements for holders of dog detention permits

or other dangerous or potentially dangerous animals could contribute to a

better assessment and sorting of the holders of this type of animals, particularly by way of

of the requirement for an attestation of physical and psychic capacity.

The finding that in many of the incidents involving this type of animals

if it verifies the default of the standards that impose the implantation of capsules of

electronic identification, justify a hardening of the prevailing legal framework, by way of

of the imposition on sellers of potentially dangerous animals from compliance

of this obligation.

On the other hand, excessive advertising to the marketing of this type of animals,

by all attested in the ad pages of many newspapers, may constitute as well

a factor that in a lot has contributed to the dissemination and popularization of some

of these species and breeds. For that reason it is proposed to ban this type of advertising

and the introduction of the corresponding sanctionatory standard.

Also at the level of the activity of the creators if they have registered a total absence

of control, so the introduction of regulatory standards is deemed necessary

of this activity. The non-existence of legal standards that specifically focus on

activity of breeders ' dogs of breeds considered potentially dangerous can

constitute one of the explanatory causes for the exponential increase of creators of this

type of animals, as well as for the fomenting of many of the associated illicit activities.

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Finally, the aggravation is proposed in one third of the minimum limits and

maximum of the applicable fines, where they are in question recidivism situations.

Thus, in the terms of the constitutional, legal and regimental provisions

applicable, the Deputies of the Parliamentary Group of the Socialist Party, below signed,

present the following Draft Law:

Single Article

Changes to Decree-Law No 312/2003, of December 17

Articles 3, 9, 14 and 17 of the Decree-Law No 312/2003 of December 17,

shall be replaced by the following:

" CHAPTER II

Standards for detention, creation and training of dangerous animals or potentially

dangerous

Article 3.

(...)

1-(...)

2-For the obtaining of the licence referred to in the preceding paragraph the holder has to be greater

of age and must deliver in the respective freguesia joint, in addition to the required documents

by the Regulation of Register, Classification and Licensing of Dogs and Gates, the

following documentation:

a) (...)

b) (...)

c) Attestate of physical and mental capacity for detention of dangerous dogs

or potentially dangerous, in terms of regulating by the Government;

d) Current point c).

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3-(...)

Article 9.

Marketing of animals and advertising

1-(...)

2-A The marketing of potentially hazardous dogs can only occur after

deployment of the respective electronic identification capsule, owing

seller inform the buyer of the characteristics of the animal beforehand,

special care in the function of potential dangerousness and specific standards

applicable as to their circulation and / or use.

3- Previous Article No 2

4- Previous Article No 3

5-It is prohibited advertising for the marketing of dangerous animals or

potentially dangerous.

Article 14.

(...)

1-(...)

2-A creation or reproduction of any dangerous dogs or potentially

dangerous lack of license from the General Directorate of Veterinary, whose issuance

depends on the fulfilment of the following requirements:

a) Fill of the conditions laid down in points (a) to (d) to (d) of paragraph 2 of the

article 3;

b) Existence of compulsory registration with the indication of the species, breeds or

crossing of breeds, when applicable, and number of animals sold, from

where you also consume the track record of the same as well as the number of

reference that allows electronic identification;

c) Existence of a book of origins authenticated by the authority

competent, from where the dating of each litter is conspicued, as well as the registration

of sales;

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d) Assurance of issuance by the creator of sales documents, from where

build all the data of the buyer required in the law.

3- Previous Article No 2

4- Previous Article No 3

5-Municipal chambers can provide all the collaboration that vise sterilization

determined in the terms of the n. 3 , whenever proven by any means legally

admitted that the holder cannot bear the burdens of such intervention.

Article 17.

(...)

1-(...)

2-Constituent counter-ordinances punishable by the Director General of Veterinary, with

coima whose minimum amount is (euro) 500 and maximum of (euro) 3740 or (euro) 44890,

depending on whether it is natural or legal persons:

a) The non-maintenance by the operators / receivers and establishments of sale of

potentially hazardous animals from the records referred to in Article 9 (1) and by the

period of time in it indicated;

b) The marketing of dangerous or potentially dangerous animals in disrespect

by the provisions of the n. and 3 of Article 9;

c) advertising for the marketing of dangerous animals or potentially

dangerous, in disregard of the provisions of Article 9 (5);

d) Previous paragraph (c) ;

e) Previous point (d);

f) Previous point (e) ;

g) the lack of the licence or non-compliance with the obligations laid down in paragraph 2 of the

artigo14.

h) Previous point f).

3-A attempt and neglect are always punished.

4-A recidivism implies the aggravation in one third of the minimum limits and

maximum of the fines provided for in this Article.

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The Deputies,