Law 205/2004
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.
