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Law No. 55 Of 10 April 2017Pentru The Approval Of The Government Ordinance. 24/2016 On The Organization And Conduct Of Business Of The Neutralization Of Animal Waste

Original Language Title: LEGE nr. 55 din 10 aprilie 2017pentru aprobarea Ordonanţei Guvernului nr. 24/2016 privind organizarea şi desfăşurarea activităţii de neutralizare a deşeurilor de origine animală

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LEGE no. 55 55 of 10 April 2017 for approval Government Ordinance no. 24/2016 on the organisation and conduct of the neutralisation of animal waste
ISSUER ROMANIAN PARLIAMENT
Published in OFFICIAL MONITOR no. 256 256 of 12 April 2017



The Romanian Parliament adopts this law + Article I Approval Government Ordinance no. 24 24 of 24 August 2016 on the organisation and conduct of the neutralisation of animal waste adopted pursuant to art. 1 1 section V of Law no. 123/2016 on the empowerment of the Government to issue ordinances and published in the Official Gazette of Romania, Part I, no. 664 of 30 August 2016, with the following amendments and additions: 1. Title of Order is amended and will read as follows: ORDINANCE on the organization and conduct of neutralization of animal by-products not intended for human consumption 2. Article 1 is amended and will read as follows: + Article 1 This ordinance lays down the legal framework for the organisation and conduct of the neutralisation of animal by-products not intended for human consumption, hereinafter referred to as animal by-products, relating to the system of collecting, transporting and disposing of them, public activity of national interest. 3. La Article 2, points a) , g) , i) and j) paragraph 1 and paragraph (2) changes and will have the following contents: a) animal by-products-whole bodies or parts of animal bodies, animal products or other products obtained from animals, not intended for human consumption, including ova, embryos and semen, according to Regulation (EC) No 1.069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules on animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1.774/2002 (Regulation on animal by-products); .................................................................................................. g) ecarisation-the activity of collecting animal by-products, for the purpose of processing or incinerating/co-incinerating them, including transport, storage and handling activities, as appropriate; ................................................................................................. i) neutralisation of animal by-products-animal by-product rendering activity, followed by processing or incineration/co-incineration by converting them into biologically stable, non-hazardous products for the environment surrounding, animals or man, respectively their burial activity under the conditions established by this ordinance; j) unit of neutralisation of animal by-products-unit belonging to legal persons, including public institutions carrying out activities to neutralise animal by-products on the basis of authorisation, according to the provisions of Legal. ((2) For the purposes of this ordinance, the phrase animal by-products does not include the contents of the intestinal tracts collected at the slaughterhouse, dung or purine. 4. Article 3 is amended and will read as follows: + Article 3 The abandonment, burial or storage of animal by-products under conditions other than those laid down by the legislation in force shall be prohibited. 5. La Article 4 (1) is amended and will read as follows: + Article 4 ((1) In the case of an epizootic involving a notifiable disease, where transport to the nearest approved establishment for the processing or disposal of animal by-products does not meet the requirements for collection in safety by equarisation units or their disposal capacities are exceeded and there is a danger of spreading risks to public or animal health, the competent authorities have the right to dispose of incineration and/or burial on the spot of animal by-products, with the exception of whole bodies and of all parts of the body belonging to animals suspected of TSE infection or where the presence of a TSE has been officially confirmed, according to the procedure approved by joint order of the Minister of the Environment, the Minister of Water and Forestry and the the president of the National Veterinary Health and Food Safety Authority. 6. La Article 5 (1) , ((2) , ((3) , ((4) , ((5) and ((7) changes and will have the following contents: + Article 5 ((1) The neutralisation of animal by-products shall be carried out in approved veterinary establishments and by competent authorities on environmental protection under the conditions of Government Ordinance no. 42/2004 , approved with amendments and additions by Law no. 215/2004 , with subsequent amendments and additions, as well as the Government Emergency Ordinance no. 195/2005 on environmental protection, approved with amendments and additions by Law no. 265/2006 , with subsequent amendments and completions, and is subject to veterinary inspection and control, in order to prevent the spread of diseases in animals and humans. ((2) Technical aspects concerning the organisation of the neutralisation activity of animal by-products from both animal husbandry establishments, production, storage, processing or marketing of meat or other products of animal origin, and from the households of individual livestock farmers, shall be established by the methodological norms for the application of the provisions of this ordinance. ((3) At the level of the counties, the county councils, and at the level of Bucharest, the General Council of Bucharest organizes and are responsible for carrying out the activity of neutralizing animal by-products from the households of individual livestock farmers, having the obligation to provide contractual, under the law, to carry out this neutralization activity with an ecarisation unit authorized according to the legislation in force. ((4) Individual livestock farmers are obliged to notify in a maximum of 24 hours the veterinarian of free practice to whom the local public administration authorities are also assigned on whose administrative-territorial radius the death of animals takes place. to which this ordinance refers. The local public administration authorities notified immediately inform the county council, which announces as soon as possible the contracted service provider, which has the task of transporting the animal bodies to the neutralizing them. Local public administration authorities will draw up, according to the law, records of transport, categories and quantities of animal by-products sent to neutralization units, and the county council prepares a centralizer of these registers. The procedure of collaboration between local councils and county councils, respectively the General Council of Bucharest Municipality is established by the methodological norms for the application of the provisions of this ordinance. ((5) Financial resources necessary to carry out the activity of collection, transport, storage and neutralization of animal by-products by the county councils and the General Council of the Municipality of Bucharest, provided in par. ((3) , ensures, in full, through transfers from the state budget to the local budgets of the counties, namely the local budget of Bucharest, through the budget of the Ministry of Agriculture and Rural Development. ............................................................................................... ((7) For the neutralization activity of animal by-products from the households of individual livestock farmers, the Ministry of Regional Development, the Public Administration and the European Funds, the Ministry of Agriculture and Development Rural and the National Veterinary Health and Food Safety Authority establish the categories of services for carrying out the activity of neutralising animal by-products for which financial support is granted, expenditure eligible, the amount of financial support and the way of granting it, by the methodological norms for the application of the provisions of this ordinance, on the basis of the provisions of Part II, Chapter I, Section 1.2.1.4 " Aid for dead animals of the European Union Guidelines on State aid in agricultural and forestry sectors and rural areas for the period 2014-2020 7. La Article 6 (2) is amended and will read as follows: ((2) The criteria on the basis of which the isolated localities are established, the burial conditions, as well as the method of veterinary and environmental authorization of the places specially arranged for burial shall be established by joint order of the Minister of the Environment, the Minister of Water and Forestry and the President of the National Veterinary Health and Food Safety Authority. 8. La Article 7, paragraph 1 is amended and will read as follows: + Article 7 ((1) The persons empowered by the Ministry of Agriculture and Rural Development, the Ministry of Environment, the Ministry of Water and Forestry, as well as the National Veterinary Health and Food Safety Authority verify the compliance of the the provisions of this ordinance, in their fields of competence. 9. After Article 7 five new articles are introduced, Articles 7 ^ 1, 7 ^ 2, 7 ^ 3, 7 ^ 4 and 7 ^ 5, with the following contents: + Article 7 ^ 1 The following acts constitute contraventions: a) the non-announcement of the veterinarian of free practice and of the authority of the local public administration within the time 5 5 para. ((4); b) failure to take measures for the storage of animal corpses on farms or holdings, until the equarisation unit is lifted, in conditions to prevent the disease of animals, humans or environmental pollution; c) non-cision of animal by-products; d) non-establishment of veterinary records on animal by-products in accordance with the legal provisions in force or on the subjects resulting from neutralisation or processing thereof; e) failure to take measures provided for by the legislation in force for the storage of animal by-products in the establishments for the cutting, processing, storage or marketing of animal products or in the neutralisation units of by-products of animal origin; f) transport, handling or storage of animal by-products without complying with veterinary and environmental standards; g) abandonment, deposition or storage of animal by-products in places other than those organised and authorised for that purpose; h) the non-organization by the local public administration authorities of the places specially arranged for burial provided in art. 6 6 para. ((1) or their failure to meet the conditions of organization and operation; i) non-conclusion of a contract valid with an ecarisation unit or the non-possession of own facilities for the neutralization of animal by-products, authorized under the law, by the units of growth, production, storage, processing or marketing of meat or other products of animal origin; j) non-conclusion of a contract valid with an authorized ecarisation unit or the non-organization of neutralization of animal by-products, under the law, by the county councils and the General Council of Bucharest Municipality. + Article 7 ^ 2 ((1) The contraventions provided in art. 7 7 ^ 1 lit. a) and b) are sanctioned with a fine of 100 lei to 200 lei, if committed by individual livestock farmers. ((2) The contraventions committed by the livestock units, the production, storage, processing or marketing units of meat or other products of animal origin shall be sanctioned as follows: a) with a fine from 500 lei to 1,000 lei, for those provided in art. 7 7 ^ 1 lit. b); b) with a fine of 800 lei to 1,200 lei, for those provided in art. 7 7 ^ 1 lit. d)-f); c) with a fine of 2,000 lei to 4,000 lei, for those provided in art. 7 7 ^ 1 lit. g); d) with a fine of 1,500 lei to 2,500 lei, for those provided in art. 7 7 ^ 1 lit. i). ((3) The contraventions committed by the ecarisary units or those for the neutralization of animal by-products shall be sanctioned as follows: a) with a fine from 1,600 lei to 2,400 lei, for those provided in art. 7 7 ^ 1 lit. c)-f); b) with a fine of 2,000 lei to 4,000 lei, for those provided in art. 7 7 ^ 1 lit. g). ((4) The contraventions provided in art. 7 7 ^ 1 lit. h) and j) are sanctioned with a fine of 2,000 lei to 4,000 lei. ((5) The contravention provided in art. 7 7 ^ 1 lit. i) is also sanctioned with the complementary sanction consisting in the withdrawal or cancellation of the veterinary authorization, based on the notification made by the control bodies through the heads of these institutions. + Article 7 ^ 3 The offender may pay within 48 hours from the date of conclusion of the minutes or, as the case may be, from the date of its communication half of the minimum of the fine provided for in this ordinance, the ascertaining agent making mention of it in the minutes. + Article 7 ^ 4 The sanctions shall be applied by persons empowered by the National Veterinary Health and Food Safety Authority and the Ministry of Environment, according to the specific legislation in force. + Article 7 ^ 5 The provisions on contraventions shall be supplemented by the provisions Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. 10. Article 9 is amended and will read as follows: + Article 9 Within 90 days from the entry into force of this ordinance, the Government, at the proposal of the Ministry of Agriculture and Rural Development, Ministry of Environment, Ministry of Water and Forestry, Ministry of Regional Development, Administration Public and European Funds, the National Veterinary Health and Food Safety Authority, will adopt the methodological implementing rules. + Article II Art. 7 7 ^ 1-7 ^ 5 of Government Ordinance no. 24/2016 on the organization and conduct of the activity of neutralization of animal waste, with the amendments and completions brought by this law, shall enter into force 10 days from the date of publication in the Official Gazette of Romania, Part I, this law. This law was adopted by the Romanian Parliament, in compliance with the provisions art. 75 and ale art. 76 76 para. (2) of the Romanian Constitution, republished .
CHAMBER OF DEPUTIES PRESIDENT
NICOLAE-LIVIU DRAGNEA
SENATE PRESIDENT
CĂLIN-CONSTANTIN-ANTON POPESCU-TARICEANU Bucharest, April 10, 2017. No. 55. ----