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Law No. 205 Of 26 May 2004 On The Protection Of Animals

Original Language Title:  LEGE nr. 205 din 26 mai 2004 privind protecţia animalelor

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LEGE no. 205 205 of 26 May 2004 (* republished *) on animal protection *)
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 320 320 of 30 April 2014



----- Note * *) Republicated pursuant to art. 248 248 of Law no. 187/2012 for the implementation of Law no. 286/2009 on Criminal Code , published in the Official Gazette of Romania, Part I, no. 757 of 12 November 2012, corrected in the Official Gazette of Romania, Part I, no. 117 117 of 1 March 2013, as amended, giving the texts a new numbering. Law no. 205/2004 was published in the Official Gazette of Romania, Part I, no. 531 531 of 14 June 2004 and has been amended and supplemented by Law no. 9/2008 to amend and supplement Law no. 205/2004 on animal protection, published in the Official Gazette of Romania, Part I, no. 29 29 of 15 January 2008. Note ** **) art. 6 of Government Ordinance no. 42/2004 on the organization of veterinary and food safety activity, approved with amendments and additions by Law no. 215/2004 , with subsequent amendments and completions, the National Veterinary Health and Food Safety Authority is established by the reorganization of the Romanian Food Safety Agency, the National Veterinary Health Agency of the The Ministry of Agriculture, Forestry and Rural Development, as well as some services operating in the structure of the same ministry. + Chapter I General provisions + Article 1 (1) This law regulates the measures necessary to ensure the living and welfare conditions of animals with or without the holder. (2) The management of the stray canine population on the territory of Romania is regulated by special law. + Article 2 For the purposes of this law, the owner of the animal shall mean the owner, the person who holds with any valid title, and any natural or legal person in whose care the animal is located. + Article 3 Animal keepers are required to ensure the application of veterinary and animal health rules on housing, feeding, care, reproduction, exploitation, protection and welfare of animals. + Article 4 Animal keepers are required to have a non-brutality behaviour towards them, to ensure the basic conditions necessary for the purpose for which they are grown, not to abandon them and/or isgones. + Article 5 (1) Animal owners shall be required to ensure, according to the ethological needs, species, race, sex, age and category of production, the following: a) adequate shelter; b) sufficient food and water; c) the possibility of sufficient movement; d) care and attention; e) healthcare. (2) Animal owners are prohibited from applying ill-treatment and cruelty. + Article 6 (1) For the purposes of this law, by bad treatment means the brutal behavior, abuse in the use of animals, subjecting animals to unnecessary efforts, as well as not ensuring the conditions provided in art. 5 5 para. ((1). (2) For the purposes of this law, animal cruelty shall be understood: a) killing animals, with intent; b) the practice of shooting on domestic or captive animals; c) the organization of fights between animals or animals; d) the use of live animals for animal training or to control their aggressiveness; e) the use of animals for exhibitions, shows, advertising, making films and for similar purposes, if these activities cause them physical and mental suffering, conditions or injuries; f) abandonment and/or banishment of an animal whose existence depends on the care of man; g) the administration of substances intended to stimulate the physical capacities of animals during sports competitions, in the form of doping; h) mistreatment and skirting of animals; i) surgical interventions intended to modify the appearance of an animal or other non-urative purposes, such as codomy, ear cupping, vocal cord sectioning, claw ablation, beak and tooth colloquery; j) the challenge of physical and mental suffering by any means; k) separation of the mother's offspring up to the age of at least eight weeks of life; l) the capture of animals by methods other than those provided by law; m) the use of weapons with tranquilizer in situations other than for the immobilization of animals. + Article 7 Abandonment consists in leaving an animal in human ownership and care, on the public domain, without food, shelter and medical treatment. + Article 8 Animals used for experimental purposes are subject to specific protection rules without causing unnecessary suffering. + Article 9 (1) It is forbidden to euthanize dogs, cats and other animals carried out with non-compliance with the procedure provided by law. (2) By way of exception, animals with incurable diseases found under the law by the veterinarian will be euthanized immediately. + Article 10 (1) The National Veterinary Health and Food Safety Authority * *) is the national authority in the field of animal protection. (2) The conditions for holding, housing and maintenance of animals shall be established by order of the President of the National Veterinary Health and Food Safety Authority. + Chapter II Conditions for holding animals + Article 11 (1) Animal owners may own wild animals, according to the law, only if they are authorized by the veterinary health department and for the safety of the county food, respectively of the city of Bucharest. (2) The conditions for the possession of wild animals shall be established by order of the Minister of Agriculture and Rural Development, at the proposal of the National Veterinary Health and Food Safety Authority. (3) Animal owners may hold wild animals for a fixed period of time, for physical care and recovery, for animals at survival impasse, with the agreement of the National Veterinary Health Authority and for Food Safety. + Article 12 (1) Animal owners are required to properly care and treat a sick or injured animal. (2) The veterinary health authority may order the cutting or killing, as the case may be, of a sick or injured animal, in order to relieve it of unnecessary physical and mental suffering, under conditions established by order of the President of the National Health Authority Veterinary and Food Safety. (3) The provisions of par. ((1) and (2) shall not apply to animals used for scientific or other experimental purposes. + Article 13 Animal keepers who select an animal for breeding are required to respect the anatomical, physiological and behavioural characteristics of that species and breed so that performance, health and safety are not compromised. Offspring welfare. + Article 14 The person who contributes to the training of an animal has the obligation to use training means that do not cause mental or physical trauma, as well as to use methods that do not harm the health or welfare of the animal. + Chapter III Conditions relating to trade in animals, the transport of animals and their use for advertising purposes, in shows, exhibitions, competitions and similar events + Article 15 The National Veterinary Health and Food Safety Authority, for reasons of animal protection or the conservation of existing animal species in the territory of the country, may impose certain conditions as well as limit or prohibit import, export, transit and trade in animals, taking into account Community rules. + Article 16 ((1) Carriers have the obligation to transport animals under appropriate conditions, depending on the species, physiological condition, sex, age, category of production, in order to avoid injury or their physical and/or mental exhaustion. (2) The conditions for the transport of animals shall be established by order of the President of the National Veterinary Health and Food Safety Authority. + Article 17 Animals may be used for advertising purposes, in shows, exhibitions, competitions or similar events only if: a) the organizer ensures the conditions provided in art. 5 5; b) animal health and welfare are not endangered. + Article 18 (1) In the course of competitions or on other occasions it is forbidden to administer to animals substances or to be subjected to processes for the increase or reduction of the natural level of performance. (2) The Commission for the organization of competitions and/or arbitration shall also include a representative of animal protection organizations. + Chapter IV Surgery + Article 19 ((. Animals shall be subject to surgery only in reasoned cases. (2) Surgical interventions shall be performed under local anesthesia or, as the case may be, general, only by veterinarians. (3) Surgical interventions shall be carried out in authorized spaces, except in situations where intervention is required on site. ((4) Medical manworks which may cause the animal's suffering must be carried out by the veterinarian. + Article 20 By exception to the provisions of art. 19 19 para. ((2), in the case of animals used for scientific purposes or for other experimental purposes, surgical interventions or other treatments may also be carried out by other persons who have the necessary qualification. + Chapter V Slaughter and killing of animals + Article 21 Animals will not be subjected to unnecessary suffering in the event of slaughter or killing. + Article 22 Slaughter and killing of animals will be carried out in compliance with the specific legal provisions in force. + Article 23 Art. 22 22 does not apply to animals which, due to accidents or diseases, must be slaughtered or killed immediately. + Chapter VI Use of animals for scientific purposes or for other experimental purposes + Article 24 Animals can be used for scientific research, diagnosis of diseases, production of medicines or biological products, when the objective of the activity cannot be achieved by other methods that do not involve the use of animals. + Chapter VII Sanctions + Article 25 (1) It constitutes a crime and is punishable by imprisonment from 3 months to one year or with a fine: a) killing animals, with intent, without right; b) the practice of shooting on domestic animals or captive wild animals; c) the organization of fights between animals or animals; d) the use of live animals for animal training or to control their aggressiveness; e) the injury or the skirting of animals; f) surgical interventions intended to modify the appearance of an animal or other non-urative purposes, such as codomy, ear cupping, vocal cords sectioning, claw ablation, beak and tooth colloquery. (2) In the case of conviction for one of the offences referred to in par. ((1), the court may order that the punishment complementary to the prohibition of holding animals for a period of one year to 5 years. + Article 26 (1) The following facts are contraventions: a) non-compliance with 5 5 para. ((1); b) non-compliance with 6 6 para. ((2) lit. e)-g), k) and m); c) non-compliance with 14 14; d) non-compliance with 30 30 para. ((3). (2) Contraventions provided in par. (1) is sanctioned with a fine of 1,000 lei to 3,000 lei. + Article 27 In the case of twice committing the facts provided in art. 25 25 para. ((1) lit. a) and b) by the owner of the animals, in addition to the contravention fine applies the measure of confiscation of animals. In this case, all animals will be accommodated in shelters that operate in addition to local councils, in order to adopt or capitalize, under the law. + Article 28 In the case of a finding of a crime, the court may order the owner of the prohibition to own animals for a period of 5 years. + Article 29 (1) The finding of contraventions and the application of sanctions provided in art. 26 are made by empowered persons, according to their duties, of the National Veterinary Health and Food Safety Authority and the Ministry of Internal Affairs. (2) The offender may pay, on the spot or within no more than 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 fine provided in art. 26, the finding agent making mention of this possibility in the minutes. (3) Contraventions provided in art. 26 the provisions of Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and completions by Law no. 180/2002, with subsequent amendments and completions. + Chapter VIII Final provisions + Article 30 (1) The National Veterinary Health and Food Safety Authority, the Ministry of Internal Affairs, through the competent bodies, in collaboration with the representatives of animal protection organizations, monitors the application of this law. (2) In order to fulfill the provisions of this law, the authorized persons, according to the duties, of the National Veterinary Health and Food Safety Authority and the Ministry of Internal Affairs have access to buildings, shelters and other places where animals are kept, as well as the right to request any information and documents necessary for the control and to take samples for laboratory research and analysis. (3) If the place where the animals are kept is at the home or residence of the animal keepers, the access of the persons referred to in par. (2) in this space is done with the consent of the holder. In the absence of the agreement, the animal keeper is required to prove compliance with the provisions of art. 5. + Article 31 The methodological norms for the application of this law shall be approved within 60 days, by joint order of the Minister of Internal Affairs and Administrative Reform and of the President of the National Veterinary Health and Food Safety Authority *), with consultation of representatives of animal protection organisations. ----- Note *) See the Order of the President of the National Veterinary Health and Food Safety Authority and the Minister of Interior and Administrative Reform no. 31/523/2008 for the approval of the Methodological Norms Law no. 205/2004 on animal protection (currently the Ministry of Interior and Administrative Reform has the title Ministry of Internal Affairs). + Article 32 Orders provided for in art. 10 10 para. ((2), art. 11 11 para. ((2), art. 12 12 para. ((2) and art. 16 16 para. (2) shall be issued within 6 months from the date of publication of the present law in the Official Gazette of Romania, Part I. + Article 33 (1) The Romanian Radio Broadcasting and Television promotes animal protection programs. (2) The Ministry of National Education, within the hours of civic education, will promote animal protection actions. + Article 34 This law comes into force 10 days after its publication in the Official Gazette of Romania, Part I* *). ----- Note ** **) Law no. 205/2004 on animal protection was published in the Official Gazette of Romania, Part I, no. 531 531 of 14 June 2004. -----