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Law No. 389 Of 16 December 2005 Of The Horse

Original Language Title:  LEGE nr. 389 din 16 decembrie 2005 a calului

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LEGE no. 389 389 of 16 December 2005 (* updated *) of horse ((updated until 27 April 2007 *)
ISSUER PARLIAMENT




---------- *) The initial text was published in the OFFICIAL GAZETTE no. 9 9 of 5 January 2006. This is the updated form of S.C. "Territorial Center of Electronic Computing" S.A. Piatra-Neamt until April 27, 2007, with the amendments and additions made by: EMERGENCY ORDINANCE no. 49 49 of 28 June 2006 ; LAW no. 514 514 of 29 December 2006 ; JUDGMENT no. 385 385 of 25 April 2007 . The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 This law regulates the activity in the field of cabalines + Article 2 For the purposes of this law, the growth of cabalines means all the aspects involved in this activity, namely: breeding, growth, care, qualification, ranking, sports activity, valorization, carried out individually or organized, with the purpose of maintaining or improving the qualities and performance of cabalines. + Article 3 Proprietary natural and legal persons or holders of equine equines with unknown origin, who develop or do not grow, trade, import or export equine, semen, shall be responsible for the application and observance of drawing up the legislation in force with a view to ensuring and guaranteeing the health of cabalines, animal protection and the environment. + Article 4 The growth of cabins can be carried out by: a) individual breeders, individuals; b) associations of equine breeders on breeds, legal persons; c) state studs; ----------- Letter c) of art. 4 4 has been amended by section 4.2 1 1 of art. V of EMERGENCY ORDINANCE no. 49 49 of 28 June 2006 , published in MONITORUL OFFICIAL no. 566 566 of 30 June 2006. d) private studs, legal entities. ----------- Letter d) of art. 4 4 was introduced by section 4.2. 2 2 of art. V of EMERGENCY ORDINANCE no. 49 49 of 28 June 2006 , published in MONITORUL OFFICIAL no. 566 566 of 30 June 2006. + Article 5 (1) For the identification, registration and monitoring of breed cabalines, as well as for the implementation of the national breeding program of cabalines of the great growth, the National Hipic Authority is reorganized. ----------- Alin. ((1) of art. 5 5 has returned to its original form by repealing section 6.6. 3 3 of art. V of EMERGENCY ORDINANCE no. 49 49 of 28 June 2006 , published in MONITORUL OFFICIAL no. 566 566 of 30 June 2006 by point 3 3 of the single article of LAW no. 514 514 of 29 December 2006 , published in MONITORUL OFFICIAL no. 14 14 of 9 January 2007. (2) The National Hipic Authority is a public institution of national interest, with legal personality, in the coordination of the Ministry of Agriculture, Forestry and Rural Development, based in Bucharest, hereinafter referred to as the Authority. + Article 6 Within the meaning of the present law, the following terms are defined as a) horses of breed-horses with known and officially recognised origin, entered in the breeding books; b) equine with unknown origin-horses whose ascendants are partially or totally unknown; c) stud-unit specialized in breeding, qualification, reproduction and valorization of cabalines; d) identity card-the document in which data on race membership, signage, owner and state of health are entered; ----------- Letter d) of art. 6 6 was reinstated by the repeal of the section 4 4 of art. V of EMERGENCY ORDINANCE no. 49 49 of 28 June 2006 , published in MONITORUL OFFICIAL no. 566 566 of 30 June 2006 by point 4 4 of the single article of LAW no. 514 514 of 29 December 2006 , published in MONITORUL OFFICIAL no. 14 14 of 9 January 2007. e) authorized stud-male established by the National Commission for Classification and Evaluation of Cabalines as fit for breeding; f) mountain resort/mount point-special location arranged for the accommodation of the stallions and the carrying out of the breeding activity in the season; g) warehouse of stallions-specialized unit specialized for the maintenance of public installation stallions in low season; h) The book of the National Crescatoria-the official document in which the data on the origin, products and performances of the breed cabalines are recorded for publication; i) National Herghelia-the totality of the cabalines located in the public property of the state and the cabalines of the private sector subsidized by the state through the daily maintenance allowance; j) pepinier stud-breed male, evaluated by the National Commission for Classification and Evaluation of Cabalines as a carrier of genetic progress, authorized for breeding and in the herd of mares in the category Herghelia Națională; k) dangal-insignia used to individualize horses; l) the passport of the horse-official document issued by the Authority for the attestation of identity, health and belonging to a race and to an owner; ----------- Letter l) of art. 6 6 was reinstated by the repeal of the section 4 4 of art. V of EMERGENCY ORDINANCE no. 49 49 of 28 June 2006 , published in MONITORUL OFFICIAL no. 566 566 of 30 June 2006 by point 4 4 of the single article of LAW no. 514 514 of 29 December 2006 , published in MONITORUL OFFICIAL no. 14 14 of 9 January 2007. m) creditworthiness-the activity of appreciation of the phenotypic and genetic qualities of an individual; n) stud of public monta-the male of the breed used for the improvement of domestic cabalines; o) hypic stamp-fixed amount paid annually by each equine owner and intended to support the Authority. + Chapter II Organizing the growth of cabins + Article 7 Individual breeders, according to the legislation in force, have the obligation to use at breeding only authorized stallions or certified semen, in particular herghels, points or mountain resorts or artificial seeding. + Article 8 Individual breeders of breed horses can enroll in associations of equine breeders on breeds. + Article 9 The coordination of the entire growth activity of cabalines, carried out by individual breeders organized in state or private associations and studs, is carried out through the Authority. + Article 10 The Authority shall organise and operate as a single system, on the basis of its own Regulation as set out in Annex 2. + Article 11 The Authority shall ensure the order and control in the field of race track record for both the State and private sectors. + Chapter III Powers and powers of the National Hipic Authority + Article 12 The Authority shall organise itself after a unitary design in a pyramid system, on a territorial basis, as a distinct and autonomous entity, having the following structure: a) The Board of Directors, which consists of specialists, representatives of state institutions and organizations, associations involved in the activity of breeding, breeding and qualification of cabalines; b) The central department, which technically and administratively coordinates the 10 regional centers; the Central Department carries out the zoning of the territory of Romania in regional centers, according to 3 3; c) regional centres, without legal personality, which are, preferably, in addition to stud or stud deposits and are financially supported and hierarchically subordinated to the Central Department of the Authority, having as staff an inspector zonal, a veterinarian and auxiliary staff. + Article 13 The Authority will take over the entire database on the genealogies of the existing breed cabalines in both the state and private sectors. + Article 14 The Authority's areas of competence are: a) the elaboration and implementation of the development strategy on races, following the analysis of the suggestions in the territory and national interests, by order of the Minister of Agriculture, Forestry and Rural Development; b) the establishment of obligations and responsibilities of natural and legal persons holding horses of race; c) establishing the obligations and responsibilities of the regional subordinate centres d) establishment of the composition of the National Commission for Classification and Evaluation of Rasa Cabins, by order of the Minister of Agriculture, Forestry and Rural Development; e) organization of a national information system; f) the control and evaluation of herghelies and associations of breeders of thoroughbred horses from the point of view of the existence of genealogical and zootechnical records; g) control of legality and endorsement of the appropriateness of establishment and functioning of associations. + Article 15 The Authority's tasks are: 1. organizes the specific activities throughout the country, after a unified conception; 2. elaborates the strategy and policy in the field, as required, with the opinion of the Minister of Agriculture, Forestry and Rural Development; 3. organizes and coordinates the registration and identification of all cabalines; ----------- Item 3 of art. 15 15 has been reinstated by the repeal of point 1. 5 5 of art. V of EMERGENCY ORDINANCE no. 49 49 of 28 June 2006 , published in MONITORUL OFFICIAL no. 566 566 of 30 June 2006 by point 5 5 of the single article of LAW no. 514 514 of 29 December 2006 , published in MONITORUL OFFICIAL no. 14 14 of 9 January 2007. 4. develops norms, which are approved by order of the Minister of Agriculture, Forestry and Rural Development, for areas of competence, which are mandatory for both individuals and legal entities; 5. controls the application of the issued rules and the legislation in force 6. establishes the rights and obligations of the personnel of the Central Department, as well as of the 7. attests to the origin and belonging of the breed of cabalines in the state sector and private property; 8. promote to breeding the most valuable specimens, by races, regardless of the sector they come from; 9. establishes and proposes for approval of the Ministry of Agriculture, Forestry and Rural Development the number of horses of race with funding from the state budget, which constitutes the National Herghelia; 10. issue, for the breeder and for the buyer, the documents certifying the origin recognized internally and internationally; ----------- Item 10 of art. 15 15 has been reinstated by the repeal of point 1. 5 5 of art. V of EMERGENCY ORDINANCE no. 49 49 of 28 June 2006 , published in MONITORUL OFFICIAL no. 566 566 of 30 June 2006 by point 5 5 of the single article of LAW no. 514 514 of 29 December 2006 , published in MONITORUL OFFICIAL no. 14 14 of 9 January 2007. 11. coordinates the scientific research activity in the field; 12. records, attests and homologes the performance of the race horses; 13. collaborates with the horse breeders ' associations, with the federations and other forms of organization, in order to develop the hypic activity; 14. publish, annually or whenever necessary, the Book of National Crescatoria; 15. publishes annually the catalogue of nursery studs for breeds existing in the country; 16. provide, upon request, specialized information materials; 17. centralize the genealogical and breeding data; 18. establishes and authorizes, on the written proposal of the horse owners, the form for the insignia of the dangles and the farmed names 19. ensures the individualization of breed cabalines by dangling, implantation of microchips, tattooing or other means of permanent individualization; ----------- Item 19 of art. 15 15 has been reinstated by the repeal of point 1. 5 5 of art. V of EMERGENCY ORDINANCE no. 49 49 of 28 June 2006 , published in MONITORUL OFFICIAL no. 566 566 of 30 June 2006 by point 5 5 of the single article of LAW no. 514 514 of 29 December 2006 , published in MONITORUL OFFICIAL no. 14 14 of 9 January 2007. 20. collaborates with international hypic bodies in order to exchange information and organize joint actions; 21. endorses the organization and supports the exchanges and acquisition of special value genitors, thus ensuring the genetic progress of indigenous equine-equine populations; 22. endorses the necessity and opportunity of importation of semen from high-value studs, according to the legislation in force; 23. draw up the graph supporting the qualification evidence and the finishing works, on the written proposal of the herghelies and associations of equine breeders on breeds; 24. monitors, through the area inspectors, all the data on the mount, the gestation and the products obtained; 25. issue, through the area inspectors, the identity card for each product up to the age of maximum 6 months mandatory; ----------- Item 25 of art. 15 15 has been reinstated by the repeal of point 1. 5 5 of art. V of EMERGENCY ORDINANCE no. 49 49 of 28 June 2006 , published in MONITORUL OFFICIAL no. 566 566 of 30 June 2006 by point 5 5 of the single article of LAW no. 514 514 of 29 December 2006 , published in MONITORUL OFFICIAL no. 14 14 of 9 January 2007. 26. issue the horse passport, at the written request of the owner; ----------- Item 26 of art. 15 15 has been reinstated by the repeal of point 1. 5 5 of art. V of EMERGENCY ORDINANCE no. 49 49 of 28 June 2006 , published in MONITORUL OFFICIAL no. 566 566 of 30 June 2006 by point 5 5 of the single article of LAW no. 514 514 of 29 December 2006 , published in MONITORUL OFFICIAL no. 14 14 of 9 January 2007. 27. through the Central Department, it resolves any appeals related to the activity of the National Commission for the Classification and Evaluation of Rasa Cabins or on the issuance of documents of origin, issuing decisions in this regard; 28. organizes training and refresher courses for breed horse breeders; 29. apportion the maintenance expenses of the cabalines, approved by the state budget, after the qualification and ranking works for the cabalines that constitute the National Herghelia; ----------- Item 29 of art. 15 15 has been amended by section 6 6 of art. V of EMERGENCY ORDINANCE no. 49 49 of 28 June 2006 , published in MONITORUL OFFICIAL no. 566 566 of 30 June 2006. 30. elaborates the criteria of creditworthiness and specific ranking for each breed; 31. ensure the performance of the classes of the breed cabalines once or twice a year, with the recommendation of the best mating possible, at the request of the owners; 32. attest and homologate the results of the finishing and qualification works; 33. directs and provides assistance to breeders ' associations of breed horses, for affiliation to international associations of profile. + Chapter IV Rights and obligations of natural and legal persons holding horses + Article 16 Breeders of breed horses established in studs, breeders ' associations of horses and horses, other than those of breed, shall have the following obligations: a) to inform the Authority in writing, within 45 days, of the disappearance or alienation of the owned or registered equine cabalines; b) for the cabins of the great growth, regardless of the owner, the local councils will report monthly the disappearance or the alienation; c) to allow individualization by dangling and/or implantation of microchips or other methods, in accordance with the legislation in force; d) to acquire and comply with all normative acts referring to the activity of breeding and qualification of race cabalines. + Article 17 State herghelies, private herghelies and equine breeders ' associations on breeds are required to hold and complete the single-format zootechnical and genealogical records and submit them to the representatives of the Authority whenever they are. are requested, as follows: a) register of studs and stallions of public monta; b) rabbit register; c) register of foals; d) register of coins and calving; e) the certificate of mounting, the certificate of calving; f) register of dangal, signage and microchips. + Article 18 The measures established by the Authority in the exercise of its duties and responsibilities shall be binding on all natural and legal persons carrying out activities entering this area of competence. + Article 19 Depending on the orientation of development directions in the field of horse breeding, the Authority may propose to amend the rights and obligations of breeders, natural and legal persons. + Article 20 The rights of natural and legal persons holding horses of race are as follows: a) access to information on the growth activity of cabalines; b) the presentation of the equine staff for qualification and ranking works and the access of valuable specimens in the category of the National Herghelia, with the obtaining of subsidies; c) access to the insignia used for individualization; d) the possibility of applying for breeding of high value genitors or semen; e) the possibility of obtaining all documents for attestation of origin and belonging to the breed; f) access to training and refresher courses, organized by the Authority. + Chapter V Authorization of studs, endorsement of establishment of equine breeders ' associations by breeds and other units and approval of activities with impact in breeding and breeding of cabalines + Article 21 The operation of studs, associations of equine breeders on breeds, sperm harvesting points and artificial insemination is done with the opinion of the Authority and in compliance with the legislation in force. + Article 22 The Authority shall technically endorse imports and exports of equine breeding and semen, together with the units empowered by the Ministry of Agriculture, Forestry and Rural Development. + Article 23 The Authority approves annually, at the proposal of the National Commission for the Classification and Evaluation of Rasa Cabins, the promotion to the breeding of the most valuable specimens of each breed, depending on the objectives pursued by the national breeding program. + Article 24 The Authority will develop rules on the specific requirements to be fulfilled by the activities set out in this Chapter. + Chapter VI Funding of the National Hipic + Article 25 The Authority shall ensure that: a) own income made from specific services, on the basis of tariffs negotiated with the persons referred to in art. 3 and approved by order of the Minister of Agriculture, Forestry and Rural Development and allowances from the state budget; b) donations, sponsorships, hypic stamp and other income, under the law. + Article 26 The budget of the Authority shall ensure the financing of expenditure, based on programmes for: a) training and professional training courses; b) training, organization and functioning of the computer system; c) supporting sports, hypic activities, hipism, organizing exhibitions, competitions and races; d) editing of the books of the National Crescatoria on breeds, catalogues of stud studs, stallions of public monta and other informative materials; e) other actions provided for in national programmes which the Authority must implement. + Article 27 Training and professional improvement activities shall be carried out on the basis of a contract concluded, under the law, with educational institutions or other competent institutions. + Article 28 The revenue of the Authority shall be from sources of: a) tariffs for different services; b) tariffs for approval/authorization; c) charges for issuing documents. + Article 29 The amount of the charges for own income shall be drawn up by the President of the Authority and approved by order of the Minister of Agriculture, Forestry + Chapter VII Liabilities and penalties + Article 30 The following acts constitute contravention and are sanctioned with a fine of 2,000 lei (RON) to 5,000 lei (RON): a) the use of unauthorized stallions by owners of breeding mares; b) the use of unauthorized stallions by the owners; c) the use of semen in artificial reproduction, not approved by the Authority. + Article 31 The following acts constitute contravention and are sanctioned with a fine of 1,000 lei (RON) to 2,000 lei (RON): a) the operation of the studs without operating authorization issued by the Authority; b) the daily non-completion or erroneous completion of the zootechnical and genealogical records; c) refusal to submit to the control, whenever requested, the zootechnical and genealogical records of the representatives of the Authority. + Article 32 The following acts constitute contravention and are sanctioned with a fine from 200 lei (RON) to 500 lei (RON) for legal entities and from 100 lei (RON) to 300 lei (RON) for individuals: a) failure to report within 45 days or the erroneous reporting by the breeders of the changes in the equine flocks; b) non-submission to the regional center of the Authority, within a maximum of 30 days, of calving statements; c) non-dangling at 6 months of the young cabalin; ----------- Letter c) of art. 32 32 was reinstated by the repeal of the section 7 7 of art. V of EMERGENCY ORDINANCE no. 49 49 of 28 June 2006 , published in MONITORUL OFFICIAL no. 566 566 of 30 June 2006 by point 6 6 of the single article of LAW no. 514 514 of 29 December 2006 , published in MONITORUL OFFICIAL no. 14 14 of 9 January 2007. d) non-compliance with the rules on the activity of breeding and qualification of race cabins; e) alienation of horses without legal documents, namely: -veterinary health certificate of transport; -identity card. + Article 33 The finding of contraventions and the application of sanctions are made by the area inspectors and the persons with the right of control in the Authority. + Article 34 Contraventions provided for in art. 30-32 are applicable to the provisions of 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. + Article 34 ^ 1 (1) Until the qualification and ranking works organized by the National Hipic Authority, the breed cabalines, public property of the state, constituted in the basic herd, in the national genetic heritage and in the administration of the Regia National Forest-Romsilva, are included in the category Herghelia Națională. (2) Prices for cabalines listed in category Herghelia Națională are approved by order of the Minister of Agriculture, Forestry and Rural Development. ((3) The expenses for the passage of cabalines in the category of the National Herghelia and for their maintenance shall be financed from the state budget, through the budget of the Ministry of Agriculture, Forestry and Rural Development. ((4) The expenditure financed from the state budget for the maintenance of cabalines in the category of National Herghelia represents expenditure norms and includes expenses for the production, maintenance and improvement of the quality of the genetic fund, respectively the salaries of the basic and auxiliary carers and their related contributions, due by the employer according to the law, the expenses for feed, materials and inventory items, the services provided by third parties and the indirect expenses. (5) The spending rules are approved by order of the Minister of Agriculture, Forestry and Rural Development, with the opinion of the Ministry of Public Finance (6) The spending rules are updated annually according to the inflation rate of the previous year and are approved by order of the Minister of Agriculture, Forestry and Rural Development, with the opinion of the Ministry of Public Finance. ((7) The expenses for the maintenance of cabalines in the category of the National Herghelia, which remain the property of the holders shall be settled in compliance with the obligations provided for in the contracts concluded in this regard between the National and keepers. (8) For the purposes of this Law, holders shall be understood as natural or legal persons, owners of horse horses, as well as legal persons who have the status of breeder or administrator of the breed cabalines in the public domain of the state. ((9) Expenses for the maintenance of cabins provided in par. (1) and contained in the accounts drawn up, starting with January 2006, by the National Forest Regia-Romsilva in accordance with the Order of the Minister of Agriculture, Forestry and Rural Development no. 564/2006 on the approval of the expenditure norms financed from the state budget, through the budget of the Ministry of Agriculture, Forestry and Rural Development, for the maintenance of cabalines in the category Herghelia Națională, published in the of Romania, Part I, no. 791 of September 19, 2006, is financed from the state budget and is settled directly to the National Forest Regia-Romsilva, with the opinion of the National Hipic Authority, through the budget of the Ministry of Agriculture, Forestry and Rural Development. ----------- Alin. ((9) art. 34 ^ 1 was introduced by section 1. 7 7 of the single article of LAW no. 514 514 of 29 December 2006 , published in MONITORUL OFFICIAL no. 14 14 of 9 January 2007. ----------- Art. 34 ^ 1 was introduced by item 8 8 of art. V of EMERGENCY ORDINANCE no. 49 49 of 28 June 2006 , published in MONITORUL OFFICIAL no. 566 566 of 30 June 2006. + Chapter VIII Final provisions + Article 35 *) Annex no. 4 "Units operating in the coordination of the Ministry of Agriculture, Forestry and Rural Development" at Government Decision no. 155/2005 on the organization and functioning of the Ministry of Agriculture, Forestry and Rural Development, published in the Official Gazette of Romania, Part I, no. 211 of 14 March 2005, shall be completed as follows: "-National Hipic Authority (source of funding: own revenues and revenues from the state budget)". ------------- *) NOTE C.T.C.E. S.A. Piatra-Neamt: By art. 17 17 of JUDGMENT no. 385 385 of 25 April 2007 , published in MONITORUL OFFICIAL no. 282 282 of 27 April 2007 was repealed Government Decision no. 155/2005 on the organization and functioning of the Ministry of Agriculture, Forestry and Rural Development, published in the Official Gazette of Romania, Part I, no. 211 211 of 14 March 2005, with subsequent amendments and completions. Therefore, the changes caused by art. 35 on Government Decision no. 155/2005 become obsolete. + Article 36 On the date of entry into force of this Law, the provisions concerning the National Hipic Authority of Government Emergency Ordinance no. 139/2002 on the abolition of the National Society "Cai de Rasa"-S.A. and the takeover of its patrimony by the National Forest Regia, published in the Official Gazette of Romania, Part I, no. 786 of 29 October 2002, approved with amendments by Law no. 24/2003 , as well as any other provisions contrary to this law shall be repealed. + Article 37 Annexes no. 1-3 are an integral part of this law. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT ADRIAN NASTASE SENATE PRESIDENT NICOLAE VACAROIU Bucharest, December 16, 2005. No. 389. + Annex 1 NORMA 16/12/2005 + Annex 2 REGULATION 16/12/2005 + Annex 3 image ----