First Amendment To Decree-Law No 312/2003, Of December 17, 313/2003 And, On December 17, And The Second Amendment To Decree-Law No. 276/2001, Of 17 October, Laying Down The Legal Framework Of Detention Of Dangerous Animals And Potentially Pe
Original Language Title: Primeira alteração aos Decretos-Leis n.os 312/2003, de 17 de Dezembro, e 313/2003, de 17 de Dezembro, e segunda alteração ao Decreto-Lei n.º 276/2001, de 17 de Outubro, que estabelecem o regime jurídico de detenção de animais perigosos e potencialmente pe
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1 DRAFT law No. 375/X AMENDS Decree-Law No. 312/2003, of 17 December, which establishes the legal REGIME of DETENTION of DANGEROUS and POTENTIALLY DANGEROUS ANIMALS AS PETS explanatory memorandum recent media cases of animal attacks, in particular dogs, people, causing offence to physical integrity, when not even death, came once again draw attention to the urgent need to revise that diploma , and to regulate, in particular the detention of legal pets dangerous and potentially dangerous, with clear and precise rules for your detention, breeding and reproduction.
The conviction that the canine hazard, more than one that is eventually inherent in your breed or cross-breeds, relates to factors often related to the type of training they are taught and with the absence of socialization to which they are subject, takes that legislates in the sense that these animals are provided the means of accommodation and appropriate management in order to avoid as far as possible the occurrence of dangerous situations not desirable. In addition some obligations are established for keepers of animals dangerous or potentially dangerous company, among which stand out the requirement of the existence of a civil liability insurance, as well as suitability requirements that can ensure compliance with the standards of animal welfare and safety of persons and property. Decree-Law No. 312/2003, of December 17, establishes the legal regime of detention of dangerous and potentially dangerous animals as pets. The solutions so adopted, 2 Although overall positive, revealed some shortcomings capable of correction, that the recent media cases of attacks by animals are example.
The introduction of additional requirements to holders of permits of detention or other dangerous or potentially dangerous animals can contribute to a better evaluation and sorting of the holders of this type of animals, in particular through the requirement of a certificate of physical and mental capacity.
The fact that in many of the incidents involving this type of animals there is non-compliance with the rules that enforce the implementation of electronic identification, justify a hardening of the current legal framework, through the imposition on vendors of potentially dangerous animals of the fulfilment of this obligation.
On the other hand, the excessive advertising to marketing this type of animals, by all attested on the pages of many newspapers, could be also a factor which has contributed to the dissemination and popularization of some of these species and races. For this reason it proposes the prohibition of this type of advertising and the introduction of the corresponding penalty standard.
Also at the level of the activity of the creators has been a total lack of control was considered necessary the introduction of regulatory norms of this activity. The lack of legal provisions that specifically fit the activities of creators of dogs of breeds considered potentially dangerous may be one of the causes for the exponential increase of explanatory creators of this kind of animals, as well as for the promotion of many of the illegal activities associated with.
3 Finally, it is proposed to increase by one-third of the minimum and maximum limits of fines applicable in situations cause of recurrence.
Thus, in accordance with the constitutional, legal and regulatory provisions applicable, the Members of the parliamentary group of the Socialist Party, the undersigned, feature the following: single-Article draft law amendments to Decree-Law No. 312/2003, of December 17 articles 3, 9, 14 and 17 of Decree-Law No. 312/2003, of December 17, are replaced by the following: "CHAPTER II standards for the detention creation and practice of dangerous or potentially dangerous animals article 3 (...)
1-(...) 2-for obtaining the licence referred to in the preceding paragraph the holder must be over 18 and must deliver on its Parish Council, in addition to the documents required by the Regulation for the registration, classification and licensing of dogs and Cats, the following documentation: a) (...) b) (...) c) certificate of physical and mental capacity for detention of dangerous or potentially dangerous dogs in accordance with the regulations by the Government; d) Current paragraph (c)).
Article 9 Marketing and advertising 1-(...) 2-the marketing of potentially dangerous dogs can only occur after deployment of its electronic ID capsule, and the seller inform the buyer of the characteristics of the animal, special care due to the potential danger and specific rules apply regarding your circulation and/or use. 3 – Previous paragraph 2 4-Previous paragraph 3 5 – advertising is prohibited the marketing of dangerous or potentially dangerous animals.
Article 14 (...)
1-(...) 2-the creation or reproduction of any dangerous or potentially dangerous dogs lacks license from General Directorate of veterinary, whose emission depends on the fulfillment of the following requirements: a) Fill the conditions laid down in (a)) d) of paragraph 2 of article 3; b) existence of compulsory registration with the indication of the species, breeds or cross-breeds, when applicable, and the number of animals sold, showing also the history of them, as well as the reference number that enables electronic identification; c) existence of a book of origin authenticated by the competent authority, showing the dating of each litter, as well as the registration of sales;
5 d) warranty issued by the creator of sales documents, where containing all data of the buyer required in law. 3 – Previous paragraph 2 4-Previous paragraph 3 5-The municipalities can provide all the cooperation aimed at sterilization determined pursuant to paragraph 3, where proven by any means legally admitted that the owner cannot bear the burden of such intervention.
Article 17 (...)
1-(...) 2-Constitute contravention punishable by the director-general of Veterinary Sciences, from whose minimum amount is (euro) 500 and a maximum of (euro) 3740 or (euro) 44890, depending on whether it natural or legal persons: the) operators/maintenance recipients and potentially dangerous animals for sale of records referred to in paragraph 1 of article 9 and the period of time indicated therein; b) the marketing of dangerous or potentially dangerous animals in non-compliance with the provisions of paragraphs 2 and 3 of article 9; c) advertising the marketing of dangerous or potentially dangerous animals, in disregard for the provisions of paragraph 5 of article 9; (d) subparagraph (c))); and (d))); (f) subparagraph (e))); g) the lack of or non-compliance with the obligations laid down in paragraph 2 of article 14; h) preceding subparagraph (f)). 3-the attempt and negligence are always punished. 4-recurrence means the increase in one-third of the minimum and maximum limits of the fines provided for in this article.
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