PRO ANIMALS

Law no. 205/2004 modified and completed through law no.9/2008 concerning animals protection

Chapter 1.

General dispositions

Art.1- (1)This law stipulate necessary measures to assure conditions of life and welfare of the animals with or without owner.

(2) Managing of strays population from Romania is stipulated trough a special law.

Art 2 Trough this law, animals keeper means the owner, the person who is keeping with any available title and also any physical or juridical person in whom carrying is the animal. 

Art.3 The owners have the obligation to assure appliance of sanitary-veterinary norms and zoo-hygiene concerning sheltering , carrying , reproduction , protection and welfare of the animals.

Art.4. The owners have the obligation to have a behavior without brutality against animals , to assure elementary conditions in the aim for which are raised, to not abandon them.

Art.5. (1) The owners have the obligation to assure to the animals, function of their ethological needs: species , race, sex, age, and production category , the following:

           (a) an adequate shelter

           (b) enough food and water

           (c) enough possibility to move

           (d) carrying and attention

           (e) medical assistance

        

           (2) To the animals owners is prohibit to apply mal treatments and cruelties.

Art.6. (1) Maltreatment means brutal behavior , abusing to use animals , supposing the animals to inutile efforts and not assure the conditions of article 5, paragraph (1)

          (2) Cruelty against animals means:

           (a)killing of the animals , with intention

           (b) practicing the animals shooting on domestic or wild animals

           (c) organizing fights  between or with animals

           (d) using alive animals to train animals or control them the aggressive behavior

           (e) using animals for exhibitions , shows, advertising, making movies if these activities are making to suffer physical or psychological

           (f)  abandoning an animal of whom existence depends on humane care

           (g) administer substances to stimulate physical capacities of animals, whiling of sportive competitions

           (h) maltreating and torturing of animals

           (i)  surgical interventions to modify animal’s aspect : docking tail, cut of ears , nails and tooth

           (j) offering physical and psychological pain trough different ways

           (l) catching of animals trough another methods than the illegal ones

          (m) using of tranquilizer guns for another situation than to catch the animals          

Art.6’ Abandon is to let an animal who is in charge of humane care and propriety , on public domain without food , shelter and medical treatment.

Art.7    Animals used in experimental purpose must have specific protection norms , without make them to suffer.

Art.7’ It is prohibitdogs, cats or other animals euthanasia , excepting animals with incurable maladies , saw by vets.

Art 8. (1) National Sanitary- Veterinary Authority represents national authority in animals protection domain.

           (2) Conditions ofkeeping, sheltering, caring of animals are establishing trough an Order of National Sanitary-Veterinary Direction President

CHAPTER II 

Conditions concerning animal’s keeping     

Art.9 (1) Animals owners can keep wild animals , conforming with law , only if they are authorized by Sanitary- Veterinary Direction of the county and also Bucharest.

          (2) Conditions concerning keeping of wild animals are established trough an Order of Woods and Environment Minister to proposing of National Sanitary- Veterinary Authority

          (3) Owners can keep wild animals for a determined period to take care and physical recover for the animals who are sick with National Sanitary- Veterinary Authority agree

Art 10. (1) Animal’s owners have obligation to take care and treat in the right way an animal sick or hurt.

             (2) Sanitary- Veterinary Authority can allow slaughtering or killing of an animal sick or hurt to not suffer anymore physic or psychological in conditions established by an Order of National Sanitary-Veterinary Authority president

             (3) Provisions from paragraph (1) and paragraph (2) are not applying to the animals used in scientific purposes or another experimental purposes.

Art 11. Animals owners who are selection an animal for reproducing have obligation to respect anatomical , behavior characteristics of race and species in that way that to not affect performance, health and welfare of the descendents.

Art 12. Person who has a contribution in training of an animal have the obligation to use training ways that will not produce psychological or physical traumas and also not use methods which can affect animal health or welfare.

CHAPTER III

Conditions concerning animals trade , animals transport and also using of them in advertising purpose, shows, exhibitions, competitions or other manifestations.

Art.13. National Sanitary- Veterinary Authoritybecause of animals protection reasonsor to protect animals species from territory of the country can improve some conditions , limit or prohibit import ,export, animals trade taking account the community norms

Art 14. (1) Transporters have obligation to transport animals in adequate conditions , function of species, sex, age, production category to avoid hurting of physical/psychological tiring of the animals.

            (2) Conditions concerning animals transport are establish to an order of National Sanitary-Veterinary Authority President.

Art. 15. Animals can be used in advertising purpose , shows, exhibitions, competitions or another manifestations, only if:

a) the organizer assure conditions from art.5

b) health and welfare of animals is not put in danger.

Art. 16. (1) Whiling competitions or in another occasions it is prohibit to be administered to the animals, substances or to be obligated trough some methods to increase or decrease natural level of their performances.

              (2) Commission for organizing competitions will include obligatory a representative of animals protection association.

CHAPTER IV

Surgeries

Art. 17. (1) The animals will be exposed to a surgery only in motivated cases

              (2) Surgeries are made only with local anesthesia, by vets.

              (3) Surgeries which can produce suffer to animal must be made by vet

Art.18. Exceptions from art 17, paragraph (2) in cases of animals used for scientific purposes or another experimental purposes , surgeries or other treatments can be made by another persons who have necessary qualify.

CHAPTER V

Slaughter and killing of animals

Art.19. The animals must not suffer in case of slaughter or kill

Art.20. Slaughtering or killing of animals will be made respecting legal provisions into force.

Art. 21.Provisions of article 20 are not applying to the animals who because of some accidents or illness, must be slaughter or kill immediately

CHAPTER VI

Using of animals in scientific or experimental purposes

Art.22. Animals can be used for scientific researches, producing of some medicines or biological products when the aim of activity can be developed trough another methods which not involve using of animals.

CHAPTER VII

Sanctions

Art.23 (1) Are constituting contraventions the followingfacts:

             a) not respecting art 12 dispositions

             b) not respecting art. 5, paragraph (1) dispositions

             c) suppose an animal to maltreatments

             d) not respecting art.26, paragraph (3)

              e) suppose an animal to cruelties

             (1)’ Are constituting offencesthe following facts:

               a) keeping and trading of wild animals by physical or juridical persons not authorized , excepting of zoos   

               b)

               c) facts from art.6

               d) organizing battles between or with animals

               e) using alive animals to train another animals or control their aggress

            (2) Contraventions from paragraph 1 are punish :

             a) that ones from letter a) with fine from 800lei ( almost 240 Euro) to 1000 lei ( almost 300 Euro)

             b) that ones from letter b) – e) with fine from 1000 lei (almost 300 Euro) to 1500 lei ( almost 450 Euro)

             3) Offences from paragraph 1’ are punish :

               a) that ones from letter a) with prison from one month to one year or with penal fine from 500 lei ( almost 150 Euro ) to 10 000 ( almost 3000 Euro) and animals are being confiscated.

               b) that ones from letter b) with prison from 3 months to one year or with penal fine from 500 lei ( almost 150 Euro ) to 6000 lei (1800 Euro) and animals are being confiscated

               c) that ones from letter c) with prison from 6 months to 3 years or with penal fine from 1000 lei ( 300 Euro) to 10 000 (3000 Euro) and animal’s confiscate.

               d) that ones from letter e) with prison from 3 months to one year or with penal fine from 500 lei ( 150 Euro) to 2000 lei ( 600 Euro ) and animal’s confiscate.

Art.24.  In cases of accomplish for two times of facts from art.23 paragraph (1) lit (a) and (b) by the animal’s owner , besides contravention fine is applying animal’s confiscate. I this case , all animals will be sheltered in shelters which are functioning beside Local Councils for adoptions or to turn to account in law conditions.

Art 24’.  In case of an offence finding out the Instance can dispose to owner prohibit to keep animals for a period of 5 years.

Art.25. (1) Finding out contraventions and offences applying are made by persons empowered conforming with service attributions from National Sanitary- Veterinary Direction.

         

              (2) The offender can pay in that moment or in 48 hours from date of proceedings signing , or after case, half of minimum fine preview at art. 23 paragraph (2) agent who wrote will mention this possibility in proceedings.

              

CHAPTER VIII

 Final dispositions

Art.26  (1) National Sanitary- Veterinary Authority , Administrative Reform and Intern Minister trough specialized institutions with animals protection organizations are supervising apply of this law.

             (2) To accomplish provisions of this law , specialized persons conforming with their attributions from National Sanitary- Veterinary Authority and Interns Minister have access in buildings , shelters, and other places where are kept the animals and also they have the right to ask any information and necessary documents of control and take proofs for researches and laboratory analysis.

            (3) In situation in which the place where are kept animals to the residence of owner, the access of persons from paragraph 2 in this space is made with owner agree. If the agreement not exist, the owner must proof that he is respecting article 5 dispositions.

Art.26’ Methodological Norms to apply this law are approved in 60 days trough a common Order of Interns Minister and National Sanitary- Veterinary Authority with consulting of animals protection organizations representatives.  

 Art.27. Orders from article 8, paragraph 2, article 9, paragraph 2, and article 14 paragraph 2 are disposed in six months from date of law publication in Official Monitor of Romania, Part. 1.

Art.27’ (1) Radios and Romanian televisions are promoting programmes of animals protection.

              (2) Education Research and Young People Minister to civic education classes will promote actions of animals protection.

Art 28. This law will come into force after 10 days since it is publish in Official Monitor of Romania, Part 1.

coming soon

 Government Emergency Ordinance no.155/2001 regarding the programme for stray dogs’ administration approved by Law no.227/2002

Art.1 – The Local Councils of the administrative-territorial units have the obligation to settle up, taking into account the necessities, in 30 days after being officially published this emergency ordinance, specialized services for stray dogs’ administration.

Art.2 – (1)The local councils of the administrative-territorial units have the obligation to build, from its own funds, taking into account the necessities, in the conditions stated at annex 1, shelters for stray dogs, meaning for those dogs that are roaming free, without holder, on public places.
              (2) Local Councils have the obligation to employ in the services settled up according to art.1, at least one vet and at least one vet assistant in order to provide identifying , supervising, medical care and to perform sanitary veterinary actions as stated in the veterinary sanitary legislation.
             (3) If there is any possibility, the specialized services for stray dogs’ administration can be granted according to existing legal frame.

Art.3 – (1) In the shelters that belong to animals’ protection associations and foundations can be sheltered stray dogs only after neutering, anti-rabies vaccination and tattoo.

            (2) The shelters from alin.(1) must have, through a contract, veterinary medical assistance.
Art.4 – The stray dogs will be captured and transported to the shelters belonging to stray dogs administration services, where they will stay for 14 days, taking into account the norms stated at annexes no.1 and 2.

Art.5 - (1) After being examined by the vet, the stray dogs that have unrecoverable diseases or cronical be euthanized as soon as they have been brought to shelters, respecting what stated in the present emergency ordinance.
            (2) The euthanasia is an act of sacrificing ,through rapid and painless means, the dogs from alinn.(1) or those that weren’t taken back or adopted in the conditions and the terms established by the present emergency ordinance.

Art.6 - (1) The euthanasia of the dogs will be made only by qualified vets that own the free practice paper issued by the College of Vets, according to what stated in the annex no. 3
            (2) it is forbidden the killing of the dogs by other persons or by other means that those stated at annex 3.

Art.7  (1) In the situation when, after the expiry of the term stated at art.4, the dogs haven’t been taken back or adopted according to annexes no.4 and 5, those will be euthanized.
            (2) Whilst the sheltering period of the dogs in the shelter must be solved with priority the demands of taken back the dogs.
            (3) The dogs that are not taken back in 7 days can be adopted by physical persons or by centers or adoption special built and organized for this aim

Art.8   (1)Dogs are given to adoption only after those had been neutered, anti-rabies vaccinated, dewormed and identified through two ways, tattoo and applying a collar with a numbered tag. The dogs that are taken back will not be neutered.
           (2) The taking back or adoption of the dogs by those who wish so, will be made on the base of an engagement – declaration, whose model is showed in the annex no 4 and 5, after paying a fee that represent the medical and keeping expenses, whose quantum is decided by local council decision.

Art.9 The bodies of the euthanized animals or collected from the streets will be incinerated, being forbidden to use it for skins, fats, meat, protean meal, and other products.

Art.10 All the specialized services for stray dogs administration will keep specialized registers signed by the concessionaire vet of the sanitary veterinary assistance activity, where there will be mentioned the following: the date of being captured, the date and hour of being sheltered into the shelter, the individual characteristic of the animal, the number of dogs caught, taken back, adopted, euthanized, the reason of being euthanized, the substance used and the name of the person who perform the euthanasia, the tattoo number, the number of adoption list, the date of anti-rabies vaccination, the date of neutering, the date of sending bodies to the societies that handle incineration, as well as the persons who did all this acts.

Art.11 The actions of capturing, sheltering, vaccination, deworming, neutering, adoption and euthanasia, will be made in the presence of the animal protection representatives, in the case they solicit this, after a pre-established program.

Art.12. The stray dogs’ administration services at local level have the obligation to communicate monthly to the county sanitary veterinary directions and to the Prefect’s Office the number of dogs registered and the tattoo number. All the dates will be centralized at national level by the Sanitary Veterinary National Agency .

Art.13 It is totally forbidden to organize or to participate to dogs fights and abandonment, or provoking sufferings to dogs.

Art.14 It constitute contraventions the following facts and are sanctioned as foolows:
(a) the disobeying the dispositions of art.1, art.2 alin.(1), art.3, art.4,art.6 alin(1),art.7 alin (2), art.8 alin (1), art.9 and 10, as well as the conditions stated in the engagement- declaration, with fine from 1000 ron to 2500 ron
(b) the disobeying the dispositions stated at art. 6 alin(2) and at art. 13, with a fine from 2000 ron to 5000 ron.

Art.15 The findings of the contraventions and the application of the sanctions are made by the sanitary veterinary police inspectors.

Art.16 The contraventions stated at art.14 are applicable under the dispositions of the Government Ordinance no.2/ 2001, regarding the juridical regime of contraventions.

Art. 17 The annexes no. 1-5 make part of the present emergency ordinance

 

>Annex no 1

Minimal Conditions
for a dogs shelter operation

A. The sheltering of the dogs
1. The animals must be separated in order to reduce the stress among them and in order to control the diseases.
2. The animals will be separated after the following criteria:
a. state of health
b. age
c. Sex
d. Aggressiveness
The mother that are breast nursing will be sheltered together with the puppies.
3. The floors must be inclined, in slope, letting out the water on exterior or in the sewerage channel, in order to stop water accumulate in the access areas. The floors must be made form concrete that was sealed and can be easily cleaned and disinfected.
4. The walls between cages must have at least 185 cm height and must stop the running of the water or excrements from a cage to the other
5. The materials used for cages’ walls can be the next:
- painted brick
- metal inside concrete
- concrete
- wire
6. Above the separating walls must be put a wire net 60 cm height
7. The exterior cages can be made of concrete/wooden pillows’ net
8. The shelter must have sewerage and proper equipments for deposit the daily dirts. The existing drainage at every running land must stop the contamination with urine or excrements of other running lands
9. It must be a control regarding the heating, the ventilation, and the proper humidity, for providing comfort to animals, staff and visitors.
10. In all the areas with cages must exists a way of air circulation either with evacuation ventilator or with the help of some windows that can stay open.
11. The exterior cages must be covered. All the running lands outside, where those exists, must have fence and gates with lockers in order to stop unauthorized dogs.

B. The spaces for sheltering and medical interventions
1. The individual cages must correspond to minimum standards:
a. for big dogs: 120cm x 160 cm or 1,92 sqm
b. for middle dogs : 110 cm x 148 cm or 1,92sqm
c. for small dogs: 91 cm x 122 cm or 1,10sqm
d. the commune cages must not shelter more then 4 dogs on a surface of 6,5sqm
2. The surrounding place must have the following:
a. to be enough clean water
b. the water bowls to be cleaned and disinfected daily and always before bringing a new dog to cage
c. the bowls for food must be places so the dogs don’t have the possibility to urinate on it and to be easy cleaned and disinfected
d. if the spaced are not warmed, must be put boards for rest and sleep
e. for young dogs bedding will be used blankets, towels, cartoon boxes that can be easily clean and disinfected
3 Must be provided enough space so the personal work comfortably
4. The welcome space must be proper for adoptions
5. The euthanasia place and the place for depositing the bodies are not accessible to the public so in the limit of possibilities for the bodies will be used plastic sacks
6. Each shelter will be equipped with a surgery hall or many, taking into account the capacity, respecting the sanitary veterinary norms in force.In this halls will be performing the neutering of the animals but also the euthanasia

C. The diseases’ control
1. Everyday each animal will be clinical examined, and every medical event will be recorded in his individual list and in the central register.
2. The examination will be made by the vet of the shelter and in his absence, by the vet technician.
3. Each member of the staff will be trained to recognize the disease signs and to report it to the veterinary staff

D. Dog feeding and shelter cleaning
1. The puppies of 6-12 week will be feed for 3 times/day and the dogs over 12 weeks until 12 months will be feed twice/day. The dogs more then one year will be fed once a day.
2. The food must be always fresh. The food will be administrated individual and under surveillance.
3. All the cages, kennels and closed spaces will be cleaned and disinfected daily.
4. Each accommodation space will be cleaned and disinfected before bringing a new animal.
5. During cleaning must be avoided the contact of water and disinfectant with animals

E. The vehicles
1. Each shelter must have one or many vehicles for dogs’ transport
2. The vehicles must offer safety, security, protection against rain/storm/snow etc and a proper ventilation. Each dog must have a separate cage. Must exists a separate cage for dead dogs and sick dogs.
3. The vehicles must be cleaned and visible marked with the name of the stray dogs administration service and the phone number
4. the vehicle must have the following equipment : net, stair, metallic cages or of glass,catching instruments, and first-aid kit.
5. The drivers must be trained to offer help to sick and injured dogs
6. It is forbidden to perform euthanasia in the transport vehicles for dogs but is allowed to tranquilize dogs in suffering.

Annex no 2
Norms
Regarding catching and transporting dogs

A. The catching of the dogs
1. the catching of the dogs is made by employed staff of local councils, that must be formed by people trained for this purpose.
2. the catching of the dogs is not made by applying a brutal treatment. The persons that captured stray dogs will be vaccinated anti-rabies
3. The persons that captures dogs will work in teams of two people, plus the driver of the vehicle and will wear proper protection equipment.
4. The qualified personal can capture dogs with special catching poles or with nets. In order to capture dogs there will be used special poles made of aluminium sticks, having in on its top a curl(ringlet) that can press around dogs neck, in order to allow the qualified person to hold the dogs from a distance or to manipulate him. The curl must be fixed at the length wished, in order to avoid dog strangling, the mechanism of rapid releasing being used for letting free the dog in case of emergency or when he is put in a cage. Also, dogs can be captured with the help of trap-cages , where is put food and that are equipped with mobile doors that close down after the entry of the dog, placed on soil and then loaded into the vehicle.
5. The dogs that are very aggressive, and are in inaccessible spaces or suspected of being rabid, can be mobilized with the help of the weapons for capture with an arrow that uses compressed carbonic gas or percussion cartridge that powers arrows or syringes that allow the injecting of the dogs with immobility products
6. Will be used the hidroclorure of ketamine or xylazin. The intramuscular injection of those two products together is recommended for dogs, having rapid effect, about 5 minutes and can be a less dangerous to passers-by.
7. Another association of products that is very efficient – - can be used respecting the legislation in force.
8. Capture weapons can’t be utilized for catching puppies, as this could be severely injured.

B. Dogs’ transport
1. The docile dogs can be transported to shelters in closed vehicles truck-type. The dogs will be transported in individual cages.
2. There will be used a system that reduced at its minimum the direct manipulation of the animal.
3. The cages for animals’ transport must be chosen taking into account the size of the animal. The cage must be always longer then the body of the animal. Those cages must be manufactured of solid materials in order to resist to frazzle. Can be used cages of plastic also
4. The vehicles must be well ventilated and must protect animals from nature’s phenomenons.

Annex 3
The euthanasia of the dogs
1. It is recommended to be euthanized those dogs that weren’t taken back or those who couldn’t be adopted. The euthanasia is recommended , also, in the cses of those dogs that present unrecoverable or chronic disease.
2. The euthanasia of the dogs is made by a vet.
3. The euthanasia of the dogs is made by using barbituric substances, injected intravenous only after dogs looses consciousness inducted by anesthesia. The dogs will be assisted until dead is confirmed. The barbituric substances must not be injected into the muscle or under the skin. For new born puppies the way of administration is peritoneal. The narcotic products can be administrated also on oral way.
4. The vet is the only person who have access to barbituric products and who can decided regarding using the dangerous medicines.

Annex 4
Adoption Form

Annex 5
Adoption/Taken back form

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