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PROPOSED LAW NO. 224 /X

Exhibition of Motives

On December 17, 2003 a set of diplomas was published that, in a way

integrated, was aimed at regulating the detention of companion animals, creating standards on the

registration and licensing, vaccination, identification, accommodation and sale.

The Decree-Law No. 312/2003 of December 17, came then to regulate the detention of

company animals, dangerous and potentially dangerous.

The first harness of national legislation on the matter had had, until then, seat in the

Decree-Law No. 276/2001 of October 17, in which a specific registration was provided for the

dangerous and potentially dangerous animals, which were typified so ambitiously that

its framing as such stood for the free will of the holder.

The 2003 legislation was far more ambitious. Benefiting from the two-year experience of

implementation of the previous legislation and a comparative study of the legislation of other countries,

specifically Spain, has created a system that has judged itself balanced and adjusted to the

national reality.

Thus, the Decree-Law No. 312/2003 of December 17 came in the first place in addition to the

ambiguous definition of potentially dangerous animal, establish a list of dog breeds

potentially dangerous and define as dangerous all those who are protagonists of

episodes of aggression.

It has also come to establish special requirements for the registration and licensing of such animals and

specific rules for movement, accommodation and marketing of the same, with

possibility of mandatory sterilization of some breeds, as well as the need for

maintenance of a liability insurance by the holders of dangerous animals or

potentially dangerous.

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It was further planned, in the Decree-Law No. 313/2003 of December 17, the mandatory

electronic identification of all dangerous and potentially dangerous animals.

However, decorated four years on the publication of this last legal diploma, it verifies

that punishment as a counterordinance of the bodily offenses caused by animals of

company is not effective for your prevention.

In a view to ensure that the sanctions applicable to the holders of animals that cause

physical injuries to people are a means effectively deterrent to their practice, they intend to

criminalize express and clearly the offenses to human physical integrity caused by animal,

either by the doloso title, or by negligent title on the part of its holder.

By the struggles between animals to target the increase in their aggressor genetic potential, they are still

criminalized both your organization, and participation in them.

Thus:

Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following proposal for a law:

Article 1.

Legislative authorization

The legislative authorization is granted to the government for:

a) Define criminal ilocytes corresponding to the promotion or participation with animals

in fights between these;

b) Define criminal wrongs corresponding to offence to physical integrity of person

caused by animal, by dolo of its holder;

c) Define criminal wrongs corresponding to offence to serious physical integrity of person

caused by animal, for violation of duties of care by its holder.

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Article 2.

Sense of legislative authorization

The legislative authorization granted by the previous article has as a sense the criminalization of the

following pipelines:

a) Infighting between animals, being punishable to attempt;

b) Offenses to physical integrity caused by animal, by dolo of its holder, being the

aggravated penalty if in fact they result in serious offenses to physical integrity and being punishable

the attempt;

c) Offenses to serious physical integrity caused by animal, by negligence of its

holder.

Article 3.

Extension of legislative authorization as to the limits of penalties

The penalties provided for in the standards under this Act shall not exceed 10 years in prison.

Article 4.

Abrogation standard

It is repealed Law No. 49/2007 of August 31 on the date of entry into force of the decree-law

approved in the use of this legislative authorization.

Article 5.

Duration

The legislative authorization granted by this Law shall be for the duration of 180 days.

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Article 6.

Entry into force

This Law shall come into force on the day following that of its publication.

Seen and approved in Council of Ministers of August 28, 2008

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs

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The Decree-Law No. 312/2003 of December 17, came to establish the standards applicable to the

detention of dangerous and potentially dangerous animals, while companion animals.

They have then set special requirements for the registration and licensing of these animals and rules

specifics for the circulation, accommodation and marketing of the same, with possibility of

compulsory sterilization of dogs of some breeds, as well as the need for

maintenance of a liability insurance by the holders of dangerous animals or

potentially dangerous.

It was further provided for in Decree-Law No. 313/2003 of December 17, the requirement of

electronic identification of all dangerous and potentially dangerous animals.

From the experience gained from the application of those legal normatives it is concluded, however,

that punishment as a counterordinance of the bodily offenses caused by animals of

company is not a factor of sufficient deterrence for its prevention, so it is understood

how to appropriate typify such behaviors expressed and clearly as a crime.

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

your breed or race crossing, secures itself with factors often 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 these animals are afforded the means of

proper accommodation and manhandling, in such a way as to avoid, as far as possible, the occurrence of

situations of undesirable danger.

In addition, it is necessary to establish increased obligations for holders of animals of

dangerous or potentially dangerous company, among which they highlight the requirement of

that reproduction or creation of any potentially dangerous dogs of the breeds fixed in

would pore from the Minister of Agriculture, Rural Development and Fisheries be done in a way

controlled, in places duly authorized for the purpose, with special requirements either in the

accommodation of animals, or in the register of their births and transactions.

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The governing bodies of the Autonomous Regions, the National Association, were heard

of Portuguese Municipalities and the National Association of Freguestics. They were, still, heard the

Top Council of the Magistrature, the Higher Council of the Public Prosecutor's Office and the Commission

National Data Protection.

Thus:

In the use of the legislative authorization granted by the Law No. ______/2008, of ___ of

__________, and in the terms of the points a ) and b) of Article 198 (1) of the Constitution, the

Government decrees the following:

CHAPTER I

General provisions

Article 1.

Subject

The present decree-law approves the legal regime for the creation, reproduction and detention of animals

dangerous and potentially dangerous, while companion animals.

Article 2.

Scope of application

1-This decree-law shall be without prejudice to the application of the specific legal provisions

regulators of the protection of pets and the Decree-Law No. 74/2007, of 27

of March, which enshrines the right of accessibility of persons with sensory impairment,

mental, organic and motor, accompanied by assistance dogs, to places, transport and

public access establishments, as well as the conditions to which they are subject

animals.

2-The provisions set out in Chapter V apply to the whole type or species of animals.

3-Excludes from the scope of this decree-law:

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a) The specimens of Indigenous and non-Indigenous wildlife species and their

descendants created in captivity, subject to specific regulation;

b) The dogs belonging to the Armed Forces and the forces and emergency services and

security of the state.

Article 3.

Definitions

For the purposes of the provisions of this decree-law, it is understood to be:

a) 'Animal of company' means any animal held or intended to be held by the man,

specifically at your residence, for your entertainment and company;

b) "hazardous animal" means any animal that finds itself in one of the following conditions:

i) Have bitten, attacked or offended the body or the health of a person;

ii) Have seriously injured or killed another animal outside the property of the

holder;

iii) Has been declared, voluntarily, by its holder, to the freguish joint

of your area of residence, which has an aggressive character and behaviour;

iv) Has been considered by the competent authority as a risk to the

safety of persons or animals, due to their aggressive behaviour or

physiological specificity;

c) "potentially hazardous animal", any animal that, due to the characteristics of the

species, to the aggressive behavior, size or power of jaw, can

cause injury or death to persons or other animals, namely, the dogs

belonging to the previously defined breeds as potentially dangerous in

would pore the member of the Government responsible for the area of agriculture, as well as the

first generation crossings of these, the crossings of these with each other or

crossings of these with other breeds, thus obtaining a typology similar to

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some of the breeds referred to in that regulatory diploma;

d) "competent authority", the Directorate General of Veterinary Veterinarian (DGV), while

national veterinary health authority, municipal veterinary doctors, while

local veterinary health authority, the municipal chambers, the freguesia joints, the

Republican National Guard (GNR), the Public Security Police (PSP), the Police

Municipal and the Maritime Police;

e) "Collection centre" means any official accommodation where an animal is hosted by a

period determined by the competent authority, namely the kennel and the gatil

municipal;

f) "Holder" means any natural person, greater than 18 years, responsible for an animal

dangerous or potentially dangerous for the purpose of breeding, reproduction, maintenance,

accommodating or use, with or without commercial purposes, or having it under your

guard, even if on a temporary basis;

g) "Serious offenses to physical integrity", offenses to the body or health of a person from

form to:

i) Depriving you of important organ or member, or disappearing it serious and

permanently;

ii) To take away or affect you, in a serious manner, the ability to work, the capacities

intellectuals, procreation or sexual fruition, or the possibility of using the

body, the senses or the language;

iii) Cause you particularly painful or permanent illness, or anomaly

serious or incurable psypical; or

iv) To cause him danger to life.

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CHAPTER II

Detention of dangerous or potentially dangerous animals

Article 4.

Restrictions on detention

Detention, pursuant to the terms set out in Decree-Law No. 114/90 of April 5, shall be prohibited as

companion animal, from specimens of the animal species constants of the approved porterie in the

terms of article 13 (2) of the said diploma, which promotes the application of the Convention

on International Trade in Endangered Species of Fauna and Flora Species

Extinction (CITES), approved by Decree No 50/80 of July 23.

Article 5.

Detention of dangerous or potentially dangerous dogs

1-Hazardous or potentially dangerous dogs, while companion animals, lack

of license issued by the freguesia board of the residence area of the holder.

2-A licence referred to in the preceding paragraph is obtained by the holder after the delivery at the joint

respective freguesia of the following documents, in addition to those required by the Regulation

of Register, Classification and Licensing of Dogs and Gates, approved by the Portaria n.

421/2004, of April 24:

a ) Term of liability, as a model constant of the attachment to the present

decree-law, of which it is an integral part;

b) Certificate of the criminal record of which result was not the convicted holder,

by sentence carried on trial, less than five years ago, for doleful crimes

against personal legal goods punishable with imprisonment equal to or greater than three

years or crimes against public peace;

c) Not having the person concerned been deprived, by decision transitioned on trial, from the right of

detention of dangerous or potentially dangerous dogs;

d) Document certifying the formalization of a civil liability insurance,

pursuant to the provisions of Article 10;

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e) Proof of sterilization, when applicable.

3-A licence may be requested by the competent authority, at any time, and the

holder, upon any displacement of the dangerous or potentially dangerous dogs,

be always accompanied by the same.

4-The nationals of other countries that remain temporarily in national territory

shall carry out the communication, for the purpose of registration in the SICAFE, of the entry and

permanence of the dangerous and potentially dangerous dogs of which they are holders, in the

terms, conditions and deadlines to be set by porterie of the member of the Government responsible for the

area of agriculture.

Article 6.

Detention of other dangerous or potentially dangerous animals

1-A detention, such as companion animals, of dangerous and potentially dangerous animals

of species other than that referred to in paragraph 1 of the preceding Article, it lacks the licence issued by the

freguish joint from the residence area of the holder, in the terms set out in the previous article,

with due adaptations.

2-The holders of the animals referred to in the preceding paragraph shall be subject to compliance with

all communication obligations of change of facilities or death, disappearance

or cedment of the animal provided for in the Regulation of Register, Classification and Licensing

of Dogs and Gates, approved by the Portaria No. 421/2004 of April 24, with due

adaptations.

Article 7.

Registration of animals

1-For the exception of dogs and cats, the information of which is collated in the national database of the

Canine and Feline Identification System (SICAFE), approved by the Decree-Law n.

313/2003, of December 17, the freguesia joints maintain a database in which

record the dangerous and potentially dangerous animals, of which it must appear:

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a) The identification of the species and, where possible, of the breed of the animal;

b) The complete identification of the holder;

c) The place and type of usual accommodation of the animal;

d) Incidents of aggression.

2-The registration referred to in the preceding paragraph shall be available for consultation by the authorities

competent, without prejudice to the provisions of Law No 46/2007 of August 24.

Article 8.

Fees

By the acts provided for in Articles 6 and 7, an amount fee and conditions fee is charged

payment to be fixed by porterie of the members of the Government responsible for the areas of finance

and of agriculture.

Article 9.

Updating of records

1-The SICAFE shall be up to date, and the freguish joints shall register in the same

all episodes that determine the classification of the dog as a dangerous animal in the

terms of this decree-law.

2-They shall also be registered in the SICAFE all final decisions rendered in

criminal or counter-ordinance process, in which the trial of the

facts referred to in the preceding paragraph, and which substantiate the elimination of the classification of the

canid as a dangerous animal.

Article 10.

Civil liability insurance

The holder of any dangerous or potentially dangerous animal is obligated to possess

a liability insurance in relation to the same, being the quantitative criteria and

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qualitative insurance defined by joint holder of the responsible government members

by the areas of finance and agriculture.

Article 11.

Special duty of surveillance

The dangerous or potentially dangerous animal keeper is obliged to the special duty of

o surveying, in such a way as to prevent this from jeopardized the life or physical integrity of others

people and other animals.

Article 12.

Enhanced safety measures in the housings

1-The dangerous or potentially dangerous animal holder is obliged to maintain measures

of enhanced security, particularly in the accommodation, including those intended for

creation or reproduction.

2-The housings referred to in the preceding paragraph shall present conditions that do not

allow the escape of the animals and must acautelate effectively the safety of persons, of

other animals and of goods, and shall possess, in particular, sealings with at least

two metres high, and warning plates of the presence and dangerousness of the animal affixed to

visible and legible mode on the outside of the place of accommodation of the animal and the residence of the

holder.

Article 13.

Enhanced safety measures in the circulation

1-The animals covered by this decree-law cannot circulate alone on the track

public, in public places or in common parts of urban buildings, and must always

be conducted per person greater than 18 years.

2-Whenever the holder needs to circulate on the public track, in public places or in

common parts of urban buildings with the animals covered by the present decree-law,

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must do so with appropriate means of contention to the species and to the breed or crossowing of

breeds, namely boxes, cages or cages, or functional butchery that does not allow

eat or bite and, in this case, properly secure with short trela up to a metre of

length, which must be fixed to collar or pecking.

3-When using potentially dangerous dogs in acts of social therapy

carried out in place duly delimited for the purpose, or during the venatory acts,

these are waived from the use of the means of containment provided for in the number

previous.

4-The municipal chambers, within the framework of their competences, can regulate the conditions of

authorisation of movement and permanence of potentially dangerous animals and animals

dangerous in the streets, parks, gardens and other public places, and may determine, by

reasons for safety and public order, the areas where it is prohibited to remain and

circulation and, as far as dogs are concerned, also the zones and times in which the circulation is

permitted, establishing the conditions under which this one can do without the use of trela or

functional açaimo.

Article 14.

Procedure in case of aggression

1-The animal that has caused offence to the body or to the health of a person is compulsorily

picked up by the competent authority, for official collection centre, at the expense of the

holder, being triggered the procedure laid down in Article 16 of the National Plan of

Fight and Epidemiological Surveillance of Animal Anger and Other Zoonoses, Constant of the Annex

of the Portaria No. 81/2002 of January 24, of which it is an integral part.

2-Offenses caused by animal to the body or health of persons they have

knowledge veterinary medical, judicial authorities, administrative or police officers,

health centres and hospitals, are immediately communicated to the veterinary surgeon

municipal to proceed to the collection of the animal pursuant to the provisions of paragraph 1.

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3-Within the maximum period of eight days, the city hall is obliged to report the occurrence to the

respective freguish joint, so that this update the information in the SICAFE in the terms

of Article 7, when the aggression is provoked by canid or felid, or in the database

competent when the aggressor animal is from another species.

4-When the freguesia board is aware of an offence to the body or health of

a person caused by animal or that an animal has seriously injured or killed

another, in such a way as to determine the classification of this as dangerous in the terms of the present

decree-law, notifies its holder to, within 15 consecutive days, submit the

documentation referred to in Article 5 (2).

Article 15.

Fate of aggressor animals

1-The animal that causes serious offenses to the physical integrity of a person, duly

proven through medical report, is culled, once considered the circumstances

concrete, specifically the aggressive character of the animal, by method that does not cause it

pain and unnecessary suffering.

2-A The decision on the slaughter is the competence of the municipal veterinary surgeon, after the

compliance with the provisions of the National Epidemiological Fight and Surveillance Plan of the

Rabies and Other Zoonoses, constant of the Annex to the Portaria No 81/2002 of January 24, of the

which is an integral part.

3-The animal that is not slaughtered pursuant to the preceding numbers is delivered to the holder

after the fulfilment of the obligations and procedure provided for in this Decree-law,

being a mandatory requirement, where applicable, the realization of proof of socialization and or

obedience training at the deadline indicated by the municipal veterinary doctor.

4-The animal that causes offenses to the simple physical integrity of a person is delivered to the

holder after the fulfilment of the obligations and procedure provided for in the present

decree-law, being a mandatory requirement, where applicable, to conduct evidence of

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socialization and or obedience training at the deadline indicated by the municipal veterinary doctor.

5-The animal that presents aggressive behaviour and that constitutes, immediately, a risk

serious to the physical integrity of a person and that its holder is unable to control, can

be immediately shot down by the municipal veterinary doctor or under your direction, in the

terms of the provisions of paragraph 1, without prejudice to the provisions of Article 19 (8) of the Decree-

Law No. 276/2001 of October 17, as amended by the Decree-Law n.

315/2003, of December 17.

6-To the holder of the animal slaughtered under this Article shall not be entitled to any

compensation.

7-The provisions of this Article shall be without prejudice to the application of the legal regime for the use of

firearms by the forces and security services of the state.

CHAPTER III

Breeding, reproduction and marketing of potentially hazardous dogs

Article 16.

Entry into the national territory

1-A introduction into the national territory by purchase, ceding or direct exchange, having in view

specifically its reproduction, of potentially dangerous dogs of the constant breeds

of the porterie provided for in the c) of Article 3, is subject to the inscription in book of origins

officially recognized and to the required authorization with seven days in advance to DGV,

or to the entity to which the capacity for such, in the conditions and terms to be fixed is recognized

by dispatch of the Director-General of Veterinarian published in the 2 th Series of the Journal of the Republic .

2-The dogs of the breeds listed in the porterie provided for in the paragraph c) of Article 3 that are not

inscribed in book of officially recognized origins, as well as the crossings

of those breeds among themselves or with others, coming from other Member States or from

third countries, which remain on national territory for more than four months, are

compulsorily sterilized under the terms of Article 19 para.

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3-A entry into the national territory, by purchase, ceding or direct exchange, from dogs

potentially dangerous of the breeds contained in the porterie provided for in the c) of the article

3., as well as of the crossings of these between you or with others, is prohibited or conditioned

on the terms to be fixed by the porterie of the responsible government member in respect of

agriculture.

4-A entry of dogs into national territory in violation of the provisions of this Article

determines its immediate redispatch to the country of origin or, should the holder not opt for the

same within five days, the slaughter of the animal, staying, in both cases, the

expenses for the office of the holder.

Article 17.

Places intended for creation and reproduction

1-creation or reproduction of potentially dangerous dogs, namely those whose

breeds appear in the porterie provided for in the paragraph c) of Article 3, is only permitted in centres of

not-for-profit hosting with operating license issued by DGV in the

terms of the applicable legislation.

2-The sites in which to undertake the creation or reproduction of potentially dangerous dogs,

in particular those of the races contained in the porterie provided for in the paragraph c) of Article 3, without

who possess operating licence under the terms of the preceding paragraph, are terminated

compulsively.

Article 18.

Conditions for creation and reproduction

1-The potentially dangerous dogs used as reproducers are required to test

aptitude for such to be performed by the respective clubs of race.

2-The for-profit hosting centres must keep up to date, for a period

of five years, a record of all the nineties born and destination of each of the animals.

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3-The nine-descendants of potentially dangerous dogs, namely those whose

breeds appear in the porterie provided for in the paragraph c) of Art. 3, can only be entered in book

of origin if the provisions of this decree-law have been complied with.

Article 19.

Prohibition of reproduction

1-Dangerous Dogs, or that demonstrate aggressive behaviour, cannot be used

in creation or reproduction.

2-The dogs referred to in the preceding paragraph shall be sterilised, and the holders shall owe,

where requested by the competent authorities, present the respective attestate

issued by veterinary doctor.

3-The dogs of the breeds listed in the porterie provided for in the paragraph c) of Article 3 that are not

inscribed in book of officially recognized origins, as well as those resulting from the

crossows from those breeds between themselves and these with others, should be sterilized between the

four and the six months old.

4-A DGV may determine the mandatory sterilization of one or more dogs, at the maximum time

of 30 days after the notification of your holder, whenever the safety of

persons or other animals, and the same shall be carried out by veterinary surgeon of the

choice of that and at your expense.

5-The holder is required to submit a statement passed by veterinary doctor, at the time

of 15 days after the sterilization provided for in the preceding paragraphs has been carried out or until the

term of the term in that established, in the freguesia board of the area of your residence,

owing to pass the record of the SICAFE national database that the dog:

a) It is sterilized;

b) It was not subject to sterilization, within the time limit determined by the authority

competent, because it is not in proper condition, attested by veterinary doctor,

indicating in that attestatation the foreseeable time limit for such surgical intervention.

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6-A The declaration referred to in the preceding paragraph shall be issued in model and in the conditions fixed by

dispatch of the Director-General of Veterinarian published in the 2 th Series of the Journal of the Republic .

7-Veterinary physicians, in the exercise of public or private functions, shall draw up and

send to the DGV information about the statements issued pursuant to this article, in

model and in the conditions fixed by dispatch of the Director-General of Veterinary Published in the

2. th Series of the Journal of the Republic .

8-The municipal chambers provide all the collaboration that vise the sterilization determined in the

terms of paragraphs 3 and 4, where it is proved by any means legally admitted that the

holder cannot bear the burdens of such intervention.

Article 20.

Marketing of animals

1-Potentially Dangerous Dogs can only be marketed or yielded to the holder

final in for-profit hosting centers with operating license

issued by the DGV pursuant to the applicable law.

2-A delivery by the creators after sale, or ceding, of potentially dangerous dogs is

subject to the fulfilment of the following requirements:

a) Electronic identification of the animal and enrolment of the same in SICAFE, having as

holder the final holder;

b) Proof of prior registration in book of origins;

c) Submission of the detention permit provided for in Article 5.

3-In addition to the requirements required in own legislation, the hosting centres with purposes

lucrative referred to in the previous number that sell potentially dangerous animals

shall hold, for a minimum period of five years, a record with the indication of the

species, breeds and number of animals sold, as well as the identification of the buyer or

transferee.

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4-The marketing and advertising of dangerous animals shall be prohibited, except those for

scientific purposes and since previously authorized by the DGV.

CHAPTER IV

Training of dangerous or potentially dangerous dogs

Article 21.

Mandatory training

Holders of dangerous or potentially dangerous dogs are required to promote the

training them, with a view to your socialization and obedience, which you cannot, in any case,

have in view their participation in struggles or the enhancement of aggressiveness for people, others

animals or goods.

Article 22.

Regime of exception

Excludes from the scope of this Chapter, the training of dogs subsequent to training

of obedience referred to in the previous article, namely those intended for dog-guides or

other assistance dogs, dogs for competition and for sports activities.

Article 23.

Places intended for training

1-The workout of dangerous or potentially hazardous dogs provided for in Article 21 can only be

carried out in training schools or on private land of their own for the purpose, owing to

guaranteed, in both cases, safety measures that prevent the leakage of these animals

or the possibility of aggression to third parties.

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2-Training of dangerous or potentially dangerous dogs can, still, be carried out in

official training schools created, individually or jointly, by municipal chambers

or freguish joints.

Article 24.

Certification of trainers

1-The workout of dangerous or potentially hazardous dogs provided for in Article 21 can only be

delivered by certified trainers for this purpose.

2-A certification of trainers is the competence of DGV, or entities to which it is

recognized the ability to carry out such certification by dispatching of the Director General of

Veterinarian published in the 2 th Series of the Journal of the Republic .

3-In order for them to be recognized the ability to proceed to the certification of coaches in the

terms of the preceding paragraph, the entities referred to in the preceding paragraph shall submit to the

approval of the Director General of Veterinarian the model for evaluation of candidates, drawn up

in accordance with the criteria set out in the following articles.

4-The assessment model of the candidates is disseminated on the website of Internet of the DGV.

Article 25.

Conditions of access to certification

The candidate for certification as a dangerous or potentially dangerous dog trainer must

assemble, cumulatively, the following requirements:

a) Being larger of age and not being interested in or disabled, by judicial decision, to manage the

your person and your assets;

b) Have as a minimum habilitation the 12 th year of schooling or equivalent;

c) Have specific training or proven experience, as a trainer or driver of

various dogs in evidence;

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d) Present certificate of the criminal record of which result was not the candidate for

doomed coaching certification, per sentence carried on trial, there is less

of five years, for doleful crimes against personal legal goods punishable by

imprisonment equal to or more than three years or crimes against public peace.

Article 26.

Evidence

1-Applicants for certification of dangerous or potentially dangerous dog trainers

must be able to demonstrate their technical habilitation to influence and adapt the

character of the canid, as well as to promote its integration into the environment, with

security.

2-A The fitness of coaching must be proven by means of theoretical evidence and evidence

practices.

3-The theoretical evidence referred to in the preceding paragraph shall focus on behaviour

animal, methodology of training, learning and extinction of behaviors, owing to

practical assessment to be done with the presence of own animal or third party, always

properly identified, so that each dog can only carry out the proof with a candidate.

4-In case of approval of the trainer, it is issued to you a certificate by the entity

certifier that proves your habilitation coaching of dangerous dogs or

potentially dangerous, with validity of five years.

Article 27.

List of certified trainers

1-Certifying entities shall inform the DGV of the certificates of

dangerous or potentially dangerous dog trainers per se issued.

2-A DGV keeps up-to-date on its website Internet a list of certified trainers

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for the training of dangerous or potentially dangerous dogs.

Article 28.

Obligations of trainers

1-certified trainers must communicate quarterly to DGV:

a) The identification of the animals subjected to training, with the indication of the reason, of the dates

of initiation and completion of the training and the respective results;

b) The identification of its holders, with an indication of the names and morals;

c) The identification of the animals subjected to maintenance drills.

2-A each trained animal is issued a document attesting to the realization of the training, when

this one is with harnessing.

3-The trainer is obliged to publicise, in visible place to the public, his certification as

dangerous or potentially dangerous dog trainer

4-Where a certified trainer caps his or her activity, or interrupts it by period

greater than one year, must report this fact to DGV.

Article 29.

Suspension or cancellation of certification

1-A violation of the principles and provisions of this decree-law, or violence against them

animals and aggressiveness towards these and their holders, determine the suspension or the

cancellation of the certification as a trainer.

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2-A conviction of the certified trainer, by sentence carried on trial, at the time of the

possession of a certificate as a coach of dangerous or potentially dangerous dogs, by

crimes doled against personal legal goods punishable with imprisonment equal or higher

to three years or crimes against public peace, implies the cancellation of the respective

certificate.

CHAPTER V

Surveillance, crimes and counter-ordinations

Section I

General principles relating to crimes and counter-ordinations

Article 30.

Surveillance

1-Compete, in particular, to the DGV, to the municipal chambers, specifically to doctors

municipal veterinarians, the municipal police, the Republican National Guard (GNR), the

Public Security Police (PSP), the Maritime Police (PM) and the Security Authority

Food and Economic (ASAE) to ensure the monitoring of compliance with standards

constants in this decree-law, without prejudice to the powers conferred by law to

other entities.

2-For the purposes of the provisions of the preceding paragraph, GNR, PSP and the municipal police shall

proceed to the systematic review of the dogs circulating on the via and public places,

particularly with regard to the existence of electronic identification, the use of trela or

açaimo, registration and licensing and monitoring by the holder.

3-In the case of creation of obstacles or impediments to the supervision of lodges or of

animals that find themselves in disrespect to that provided for in this decree-law, is requested to

issuing of a judicial warrant that will allow the authorities referred to in paragraph 1 to access the site

where they are housed the animals and their removal.

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Section II

Crimes

Article 31.

Fights between animals

1-Who to promote or participate with animals in fights between these is punishable by

imprisonment up to one year or with penalty of fine.

2-A attempt is punishable.

3-Except for the provisions of paragraph 1 the events of a cultural character duly

authorized by DGV.

Article 32.

Offenses to doleful physical integrity

1-Who, serving as an animal, offending the body or the health of another person is punished with

prison sentence up to three years or with penalty of fine.

2-If the provocative offenses are serious the penalty is two to ten years.

3-A attempt is punishable.

Article 33.

Offenses to negligent physical integrity

Who, violating duties of care, allow an animal to offend the body or health of

other person causing him serious offenses to physical integrity is punished with prison sentence until

Two years or with penalty of fine up to 240 days.

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Article 34.

Subsidiary application

In everything that is not expressly provided for in this section shall apply to the standards

constants of the Criminal Code.

Article 35.

Submission of the case to the prosecutor's office

The competent authority refers the case to the Public Prosecutor's Office whenever it considers that the

infringement constitutes a crime.

Article 36.

Competent authorities in criminal proceedings

1-When you check for a crime and counter-ordering contest, or when, for the same fact,

a person should respond to a crime title and another to the title of counterordinance, the

processing of the counter-ordinance rests with the competent authorities for the process

criminal.

2-If a case is pending in the administrative authority, the autos shall be

referred to the competent authority in the terms of the preceding paragraph.

3-When a same offence constitutes crime and counterordinance, the agent is punished

only for the crime, and may be applied to the ancillary penalties provided for

criminal offence or for the contrain-order offence.

Article 37.

Competence of the court

In the situation referred to in paragraph 1 of the preceding article, the application of the fine and the ancillary sanctions

it is up to the competent judge for the trial of the crime.

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Section III

Counter-ordering

Article 38.

Counter-ordering

1-Constituent counter-ordinances punishable by the Director General of Veterinary, with fine whose

minimum amount is € 500 and maximum of € 3,740 or € 44,890, depending on whether it is

natural or legal persons:

a) The lack of the licence to which Articles 5 and 6 are referred to;

b) The lack of the civil liability insurance provided for in Article 10;

c) The accommodation of dangerous or potentially dangerous animals without the

conditions of safety provided for in Article 12;

d) The movement of dangerous or potentially dangerous animals on the public track or in

other public places without being accompanied by a person greater than 18 years of

age or without the means of contention provided for in Article 13;

e) The introduction into national territory of potentially dangerous dogs of breeds or

breed crossings constants of the portaria provided for in the paragraph c) of Article 3 without the

registration or prior authorization provided for in Article 16 or in violation of the

conditioners or prohibitions established under that same article;

f) The creation or reproduction of potentially dangerous dogs from breeds or crossings

of breeds constants of the porterie provided for in the paragraph c) of Article 3 without it being in

not-for-profit hosting centers that have the license of

operation provided for in Article 17;

g) The reproduction of dangerous or potentially dangerous dogs or their non-sterilization

in disregard of the provisions of Article 19;

h) The non-maintenance by the for-profit hosting centers authorized for

creation or reproduction of potentially dangerous dogs from birth records and

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of transaction provided for in Articles 18 and 20, for the periods of time in them

nominees;

i) Non-sterilization under the conditions laid down in Article 19;

j) The non-sending by the veterinary doctor of the declaration provided for in Article 19 or the

disrespect of the conditions set out in the terms of the same provision for the purpose;

l) The marketing and advertising of dangerous animals in disregard of the provisions of the

article 20;

m) The training of dangerous or potentially dangerous animals with a view to their

participation in struggles or the increase or enhancement of aggressiveness for people, others

animals or goods;

n) The lack of training of dangerous or potentially dangerous dogs, in the terms of the article

21., or your training by non-certified trainer, pursuant to Rule 24;

o) The training of dogs carried out in place that does not have the conditions laid down in the

article 23;

p) The non-communication of certified coaches under Rule 27;

q) The disrespect for some of the obligations of the coaches established in Article 28;

r) The violation of care duties that allows an animal to offend the body or the

health of another person causing you offenses to physical integrity that are not

considered serious under the terms of the point g) of Article 3 para.

2-A attempt and neglect are punished, being the minimum and maximum limits of the fines

reduced to half.

Article 39.

Preventive measures

1-The animals that served, or were destined to serve, for the practice of some of the

counter-ordinations provided for in the previous article, may be provisionally impounded

by the competent authority, being, in this case, applicable to the seizure and expertise of the tramway

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rules of procedure provided for in this article.

2-From the seizure is drawn up self to send to the instructor-led entity of the process.

3-A entity apprehene appoints faithful depositary the owner of the animals, the transporter

or another idopian entity.

4-The apprehended animals are related and described with reference to their quantity,

species, presumptive value, wellness parameters, sanitary state and private signs

that can serve for your complete identification.

5-The provisions of the preceding paragraph shall appear as a deposit term signed by the entity

apprehener, by the offender, the witnesses and the faithful depositary.

6-The original of the deposit term stands next to the autos of news and seizure, the duplicate

in the possession of the faithful trustee and the triplicate in the apprehended entity.

7-A The appointment of the faithful depositary is always communicated by the entity apprehended to the management

of territorially competent veterinary services depending on the area of the practice of

infringement, in order for this to rule on the parameters of well-being, as well as of the

health status of the animals seized, elaborating report.

8-Whenever the holder refuses to assume the quality of faithful trustee of the idopic for the

Effect or when those are unknown, the apprehensible entity can diligenate in the

a sense of forwarding the animals to places where it may be guaranteed their well-being,

notably the return to the place of origin, by staying the expenses inherent in the post of the

holder of the animals.

Article 40.

Ancillary sanctions

Depending on the severity of the counter-ordinance and the fault of the agent, they may be applied,

cumulatively with the fine, the following ancillary sanctions:

a) Loss in favour of the State of objects and animals belonging to the agent;

b) Deprivation of the right of detention of dangerous or potentially dangerous dogs

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c) Deprivation of the right to participate in fairs, markets, exhibitions or competitions;

d) Closure of establishment whose operation is subject to authorisation or

licensing of administrative authority;

e) Suspension of permits, licences and alvargas.

Article 41.

Processing of the counter-ordinations and destination of fines

1-A The instruction of counterordinance processes competes with regional veterinary services

of the territorially competent DGV depending on the area of the practice of the offence.

2-The product of the fines is distributed as follows:

a ) 10% for the entity that raised the auto;

b ) 30% for the DGV;

d ) 60% to the coffers of the state.

Chapter VI

Final and transitional provisions

Article 42.

Autonomous Regions of the Azores and Madeira

In The Autonomous Regions of the Azores and Madeira, the skills committed to the DGV by the

present decree-law shall be exercised by the competent departments and bodies of the respective

regional administrations, without prejudice to the competences assigned to the DGV in the quality of

competent national authority.

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Article 43.

Transitional provisions

The for-profit hosting centres that wish to proceed to the creation or

reproduction of potentially hazardous dogs dispose of the 120-day deadline to apply for

your operating licence pursuant to this decree-law, under penalty of closure.

Article 44.

Abrogation standard

1-It is repealed the Decree-Law No. 312/2003 of December 17 on the wording that it was

given by Law No. 49/2007 of August 31 and the Despacho No. 10 819/2008, 14 of

April.

2-On the date of entry into force of the corresponding regulatory provisions of the present

Decree-law, are repealed the Portaries n. ºs 422/2004, of April 24, and 585/2004, of 29 of

April.

Article 45.

Entry into force

1-This decree-law shall come into force on the day following that of its publication, without prejudice to the

provisions of the following number.

2-Chapter IV shall come into force within six months of the publication of the present

Decree-law.

Seen and approved in Council of Ministers of

The Prime Minister

The Minister of State and Finance

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The Minister of National Defence

The Minister of the Internal Administration

The Minister of Justice

The Minister of the Environment, Territory Planning and Regional Development

The Minister of Agriculture, Rural Development and Fisheries

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ANNEX

Term of liability for permit for detention of dangerous animals and

potentially dangerous

I, the undersigned, declare to know the provisions of the Decree-Law No. ____/_____, de

_____ de ______________, as well as taking responsibility for the arrest of the animal

infra-indicated in the conditions of safety expressed here:

Name of the holder.. ., identity card # ................. ., file of.. ., issued in.,

abode.. ................

Animal species.. ., race... .identification number of the animal (if applicable).. .Location of the

accommodation.. .Type of accommodation (cage, cage, container, terrarium, kennel, etc.)..

Conditions of accommodation (*)...

Security measures implemented...

Incidents of aggression...

Date.. .,.... from... from...

Signature of the holder...

(*) Under the Decree-Law No. 276/2001 of October 17, with the amendments that

have been introduced by the Decree-Law No. 315/2003 of December 17