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Animal Protection Act
OG 102/2017 (18.10.2017), Animal Protection Act
CROATIAN PARLIAMENT
2342
Pursuant to Article 89 of the Constitution of the Republic of Croatia, I hereby issue the
DECISION
ON THE PROMULGATION OF THE ANIMAL PROTECTION ACT
I hereby promulgate the Animal Protection Act, adopted by the Croatian Parliament at its session on 4 October 2017.
Class: 011-01/17-01/77
Reg no: 71-06-0/1-17-2
Zagreb, 10 October 2017
President of the
Republic of Croatia
Kolinda Grabar-Kitarović, m.p.
ANIMAL PROTECTION ACT
PART ONE
GENERAL PROVISIONS
Subject of the Act
Article 1
This Act lays down the responsibility and obligations of natural and legal persons for the protection of animals during use, including the protection of life, health and welfare, manner of handling animals, animal protection requirements to be complied with during their handling, breeding, performing procedures on animals, at time of killing, transport, use of animals for scientific purposes, keeping animals in zoos, circuses and other performances, during the sale of pet animals and the handling of abandoned and lost animals, inspection supervision and misdemeanour provisions.
Legislation of the European Union
Article 2
This Act contains provisions that are aligned with the following legislation of the European Union:
1. Council Directive 83/129/EEC of 28 March 1983 concerning the importation into Member States of skins of certain seal pups and products derived therefrom (SL L 91, 9.4.1983);
2. Council Directive 98/58/EC of 20 July 1998 concerning the protection of animals kept for farming purposes (SL L 221, 8.8.1998);
3. Council Directive 1999/22/EC of 29 March 1999 relating to the keeping of wild animals in zoos (SL L 94, 9.4.1999);
4. Council Directive 1999/74/EC of 19 July 1999 laying down minimum standards for the protection of laying hens (SL L 203, 3.8.1999);
5. Commission Directive 2002/4/EC of 30 January 2002 on the registration of establishments keeping laying hens, covered by Council Directive 1999/74/EC (SL L 30, 31.1.2002);
6. Council Directive 2007/43/EC of 28 June 2007 laying down minimum rules for the protection of chickens kept for meat production (SL L 182, 12.7.2007);
7. Council Directive 2008/119/EC of 18 December 2008 laying down minimum standards for the protection of calves (SL L 10, 15.1.2009);
8. Council Directive 2008/120/EC of 18 December 2008 laying down minimum standards for the protection of pigs (SL L 47, 18.2.2009);
9. Directive 2010/63/EU of the European Parliament and of the Council of 22 September 2010 on the protection of animals used for scientific purposes (SL L 276, 20.10.2010).
Area of application
Article 3
(1) This Act applies to all vertebrate animals.
(2) By way of derogation of Article 1 of this Article, this Act shall also apply to cephalopods from the order Cephalopoda used for scientific purposes.
(3) This Act does not apply to the management of hunting grounds and game animals.
(4) This Act does not apply to fisheries.
Definitions
Article 4
(1) In the sense of this Act, the following definitions shall apply:
1. analgesia is the procedure of reducing or blocking the sensation of pain in an animal, and is performed using special purpose means,
2. anaesthesia is a pharmacologically induced state of unconsciousness characterised by controlled, reversible depression of the central nervous system, and that state is characterised by analgesia, hypnosis (medically induced state of sleep), muscular relaxation (reduced muscle tone), and loss of reflexes,
3. circuses and performances with animals are performances organised by natural or physical persons and include the participation of animals, for the purpose of public entertainment,
4. wild animals are all animals, with the exception of domestic animals, pet animals, service animals and working animals,
5. a supplier is any natural or legal person, with the exception of breeders of animals used for scientific purposes, who acquire animals for their use in experiments or in scientific or educational purposes, for the production of biological preparations, and for the use of their tissues, organs or carcasses, on a for-profit or non-profit basis,
6. domestic animals are animals tamed by man and used for the production of food, feed and by-products of animal origin that are not for human consumption (hereinafter: by-products) and for other economic purposes,
7. a lost animal is an animal that has strayed from its owner, who is searching for it,
8. surgical procedures for the purpose of conducting experiments on animals (hereinafter: surgical procedures) are surgical procedures and instrumental techniques in which a cut is made in the skin, membranes or connective tissue,
9. user is any natural or legal person using animals in experiments, for the production of biological preparations, and who slaughter animals for the purpose of the use of their organs, tissue or carcasses, on a for profit or non-profit basis,
10. pet animals are animals kept by humans for companionship, protection and assistance or for their interest in those animals,
11. laboratory animals are experimental animals bred for the purpose of use in experiments or in scientific or educational purposes, and for work on isolated organs, tissues and carcasses of animals slaughtered for that purpose, and for the production of biological preparations, as follows: mouse (Mus musculus), rat (Rattus norvegicus), guinea pig (Cavia porcellus), golden hamster (Mesocricetus auratus), Chinese hamster (Cricetulus griseus), Mongolian gerbil (Meriones unguiculatus), European rabbit (Oryctolagus cuniculus), dog (Canis familiaris), cat (Felis catus), all species of primates excluding humans, frogs of the genera Xenopus (laevis, tropicalis) and Rana (temporaria, pipens) and zebra fish (Danio rerio),
12. the minister is the minister responsible for veterinary affairs,
13. the 3R principle (replacement, reduction, refinement) is the group of principles in replacing the use of experimental animals using methods that avoid or replace the use of animals, methods using the minimum number of experimental animals, and methods that improve breeding conditions and the procurement of experimental animals and implementation of experiments
14. competent authority is the ministry responsible for veterinary affairs,
15. an abandoned animal is any animal whose owner has intentionally abandoned it, and the animal abandoned due to a force majeur, such as illness, death or the loss of freedom, and animals whose owner has intentionally cast them away,
16. unsocialised animals are animals that, when kept with other animals, can cause one another undesired pregnancy, injury or death,
17. facility for the use of animals for scientific purposes (hereinafter: facility) is any installation, building, group of buildings or other premises, and may include spaces that are not fully enclosed and mobile equipment,
18. experiment authorisation is the authorisation issued by the competent authority for the performance of experiments on animals within the framework of a project,
19. stunning of animals to be slaughtered (hereinafter: stunning) is every permitted and intentionally performed procedure that leads to a state of reduced consciousness and sensitivity to pain which lasts until the death of the animal,
20. dangerous animals are animals that due to the inappropriate keeping and handling conditions may threaten the health and safety of humans and animals, and which display hostile behaviour towards humans,
21. experiment is a procedure that includes any invasive or non-invasive use of animals in experimental or other scientific purposes, with a known or unknown outcome, or for educational purposes, which can cause the animal a certain level of pain, suffering, stress or lasting harm, equivalent to, or greater than, that caused by the introduction of a needle in accordance with good veterinary practice,
22. experimental animals are animals used or intended for use in experiments or for educational purposes, and for the production of biological products, and which are slaughtered for the purpose of use of their organs, tissues and carcasses, together with larval forms with independent feeding, and foetal forms of mammals in the last trimester of their usual development, and animals in an earlier stage of development, if the animal is left alive following that developmental stage, and it is likely that due to the conducted experiment it will experience pain, suffering, stress or lasting harm after it has achieved that development stage. Experimental animals include cephalopods from the class Cephalopoda used or intended for use in experiments,
23. animal owner (hereinafter: owner) is any legal or natural person who is the owner, user or custodian of an animal who is responsible, on a temporary or permanent basis, for the health and welfare of the animal,
24. transport is the movement of animals by a means of transport for non-commercial purposes, including procedures prior to departure and upon arrival at the final destination,
25. non-human primates for the purpose of scientific research are animal species that include hominoids (apes), Old World monkeys and New World monkeys,
26. natural habitat of wild animals is the habitat in free nature inhabited by wild animals,
27. project is a work programme having a defined scientific objective and including one or more experiments,
28. work animals are dogs that serve as guards of persons and property, guide dogs for the blind and those that serve to assist, search dogs, and dogs that perform other tasks, horses and other animals used by man to perform other tasks, except production,
29. animal shelter (hereinafter: shelter) is a facility used to house and provide necessary care for abandoned and lost animals, where they receive the necessary care and assistance,
30. service animals are animals for which a licence to work has been issued and which are used by particular state bodies to perform certain tasks;
31. recording is the procedure of developing recordings for commercial purposes in which animals are handled during their performance,
32. restraining is the application of procedures to restrain animal movements in order to spare animals any pain, suffering, fear or disturbance that can be avoided in the handling of animals,
33. blood transfusion is the process of transferring blood or blood products from the circulatory system of one animal to the circulatory system of another animal,
34. organ transplant is a medical procedure to remove tissue or organs from the body of the donor animal for the purpose of transplant into the body of the recipient animal, for the purpose of extending or saving the life of the recipient,
35. killing is any intentionally conducted procedure that leads to the death of the animal,
36. dog races are races of dogs organised for the purpose of achieving profit,
37. breeder of animals used for scientific purposes (hereinafter: breeder) is any natural or legal person who breeds, or keeps laboratory animals for their use in experiments or for the use of their tissue, organs or carcasses for scientific or educational purpose, or for the purpose of production, or above all for the purpose of breeding other animals, on a for-profit or non-profit basis,
38. game breeding is the breeding of animal that live freely in nature in accordance with special regulations on hunting pertaining to game animals,
39. procedure is any action that leads to damage or a loss of a part of an animal sensitive to pain or changes in the bone structure,
40. a zoo is the space and housing facilities in which legal or natural persons perform the activity of presenting and protecting animals and their habitats, and which permanent exhibition is established for the purpose of promoting the protection of animals and nature through education, research and recreation, and is open to the public for a minimum of seven days per year.
(2) The definitions used in this Act that have a gender basis shall apply equally to both the male and female gender.
PART TWO
FUNDAMENTAL PROVISIONS ON ANIMAL PROTECTION
Prohibited conduct for the purpose of animal protection
Article 5
(1) It is prohibited to kill animals, subject them to pain, suffering and injury, and intentionally expose them to fear or disease, contrary to the provisions of this Act.
(2) It is prohibited to:
1. raise animals in a way that causes them pain, suffering and fear and to intentionally injure them, contrary to the rules of the profession and the latest scientific developments,
2. import or sell animals raised in the way referred to in item 1 of this paragraph,
3. in the breeding of animals, to increase aggressiveness of animals through selection or other methods,
4. incite animals against another animals or humans or train them to be aggressive, except in the training of service dogs and dogs for sports and hunting dogs in accordance with the cynological standards and under the supervision of qualified persons,
5. train animals to fight, organise animal fights, with the exception of traditional bull fighting or participate in such fights with the compulsory consent and presence of the veterinary inspector, attend or advertise them and organise and participate in betting in relation to such fights,
6. give animals as prizes in games of chance,
7. use technical devices, aids and tools aimed at controlling behaviour of animals by punishment, including prong collars or training devices involving the use of electric current or chemical substances, whose use causes pain,
8. organise dog races,
9. give stimulants or other unauthorised substances to animals in order to improve their performance in sports competitions and shows,
10. give unauthorised stimulants and substances to animals in order to enhance their growth and weight gain and to increase their physical performance,
11. use animals in circuses and other shows, film and television productions, advertisements, exhibitions or competitions or performances in which animals are forced to behave in a manner that causes pain, suffering, injury or death,
12. force animals into a behaviour that causes them pain, suffering, injury or death, contrary to the provisions of this Act,
13. expose animals to adverse temperatures and weather conditions, contrary to the accepted animal hygiene standards for individual animal species, or to lack of oxygen, thus causing them pain, suffering, injury or fear or death,
14. give animals food or substances the ingestion of which causes pain, suffering, injury, fear or death,
15. force animals to take particular food or substances, unless instructed by a veterinarian for animal health reasons, or for the purpose of an experiment, or unless it is scientifically justified,
16. neglect an animal in terms of its health, housing, nutrition, and care,
17. cut off body parts of live animals that are sensitive to pain contrary to the provisions of this Act,
18. feed live animals to other animals unless this is necessary for the survival of the animal, and if so doing mimics the conditions in nature,
19. restrict the movement of animals in a way that causes them pain, suffering, injury or fear, in contravention of the provisions of this Act,
20. stun, slaughter or kill animals for ritual purposes,
21. rear animals for fur production purposes,
22. import skins and skin products of pups of specific seal species for commercial purposes,
23. keep dolphins and other marine mammals of the family Cetacea in captivity, except for the purpose of medical treatment, recovery and care, and as service animals,
24. prodding animals, squeezing, pulling or bending of body parts or hanging of animals, unless these are procedures in compliance with Council Regulation (EC) No 1099/2009 of 24 September 2009 on the protection of animals at the time of killing (SL L 303, 18.11.2009) (hereinafter: Regulation (EC) No 1099/2009) and hitting, drowning or suffocating animals in any other way, throwing or intentional trampling of animals using a means of transport,
25. use of animals for sexual relations, and any other equivalent procedures or any other procedures with animals for the purpose of satisfying the sexual needs of humans,
26. exposing animals to fire, hot objects, corrosive or toxic compounds, or with other physical or chemical action contrary to the provisions of this Act,
27. plucking the feathers from live poultry,
28. shooting at animals regardless of the type of weapon or device for shooting, except for the purposes of stunning or killing animals in compliance with the provisions of Regulation (EC) No 1099/2009 and for the purpose of protecting the safety of humans and animals,
29. throwing of firecrackers or other pyrotechnical devices onto animals, with the exception of emergency situations when the need for the dispersal of animals is required pursuant to special regulations,
30. use of animals for breeding that are not sexually mature and that have not completed their growth, animals after the rejection of offspring that have not yet recovered, and the use of sick, exhausted or injured animals, or animals not ready for mating,
31. use of equines for the extraction of logs from forests and for the extraction of heating wood, except in inaccessible areas where this is not possible without the use of equines,
32. running of animals tied to motor vehicles in motion,
33. keeping of animals for the purpose of ornamentation of space in hospitality and trading structures, with the exception of:
- in structures registered for the sale of pet animals
- if animals are ensured appropriate keeping conditions and are not subject to disturbances,
34. keeping and use of wild animals for the purpose of public display, with the exception of zoos and in accordance with Article 60, paragraph 5 of this Act,
35. display of dogs with cropped ears and tails, with the exception of hunting dogs,
36. the mating of domestic dogs or domestic cats with wild animals from nature or from breeding,
37. joint keeping of unsocialised animals,
38. keeping bears (all Ursidae) in captivity, with the exception of zoos and shelters.
(3) By way of derogation from paragraphs 1 and 2 of this Article, procedures shall be permitted:
1. that are performed for veterinary health reasons, or are undertaking for other reasons for the purpose of protecting the animal,
2. that are performed for the purpose of controlling human or animal disease,
3. that are performed for the purpose of pest control,
4. for the control of movements of animals bred for the purpose of production using electric shocks and the installation of electric fences for animals,
5. that are conducted for experimental purposes with scientific justification,
6. the killing of bred game animals with firearms in situations when the animals cannot be contained for the purpose of slaughter or such procedure would endanger the safety and health of humans or animals,
7. stunning or killing dangerous animals when it is necessary to ensure the safety and protection of humans or animals,
8. for the marking or killing of animals for the purpose of environmental protection or conserving the natural balance.
(4) More detailed rules concerning the prohibition of imports of skins and skin products of pups of specific seal species for commercial purposes from paragraph 2, item 22 of this Act shall be defined by the minister in an order.
Animal protection during keeping and breeding
Article 6
(1) The owner may not:
1. abandon a domestic animal, pet animal or raised wild animal or other animal kept under his control,
2. expose a raised or cultivated wild animal to the wild or settle it in the wild, unless prepared for survival in such environment,
3. inflict pain, suffering or injury upon animals during their training.
(2) The owner must request veterinary assistance in a timely manner and ensure the care of sick or injured animals, veterinary assistance during birthing if required, and ensure the appropriate care for sick, injured or exhausted animals.
Obligation to render assistance to animals
Article 7
(1) Any person who injures an animal must render the necessary assistance to the animal, and if they are unable to assist, must arrange for assistance to be provided.
(2) If it is not possible to determine who injured the animals, the provision of the necessary assistance to animals must be organised and financed by the local self-government unit in whose territory the animal was injured.
(3) If the owner of the injured animal is ascertained, the costs from paragraph 2 of this Article shall be borne by the owner.
Protection of animals during the provision of health care and zootechnical procedures
Article 8
All surgical or zootechnical procedures on animals, with the exception of those referred to in Article 9, paragraph 4 of this Act, must be carried out using anaesthesia or analgesia, in compliance with the special regulations of the veterinary legislation and the rules of the profession.
Performing procedures on animals
Article 9
(1) The partial or total amputation of a sensitive part of the body of an animal, and the removal or destruction of parts of organs or tissues or entire organs or tissues shall be prohibited, including:
1. the marking of animals contrary to the provisions of special regulations in the field of veterinary medicine,
2. ear cropping and tail docking in dogs, declawing of cats, devocalisation and other interventions that affect the integrity of the body of the animal.
(2) By way of derogation from the provision of paragraph 1 of this Article:
1. the partial or total amputation or removal of a part of an organ or tissue or entire organ or tissue of an animal shall be permitted if performed with prior anaesthesia and post-operative analgesia and if an intervention:
- if there is a veterinary health reason for such a procedure, including procedures to determine the presence of disease,
- for the purpose of organ transplantation,
- for the purpose of conducting experiments on animals,
- for the purpose of controlling the reproduction of animals, reducing aggressiveness of animals, and due to the manner of breeding animals,
- for the purpose of marking animals,
- for the purpose of taking animal tissue samples for analysis.
2. the partial or total amputation or removal of sensitive parts of the body of an animal shall be permitted if undertaken for zootechnical purposes including permanent sterilisation, if such intervention prevents pain, suffering and self-injury or injury to other animals, or for safety reasons, and in hunting dogs in compliance with specified cynology standards, with the use of analgesia.
(3) Interventions likely to cause suffering or severe pain to an animal may only be performed after analgesia or anaesthesia and if post-operative care is provided.
(4) Anaesthesia or analgesia shall not be used:
1. when the risks posed by anaesthesia or analgesia would be disproportionate to its benefits,
2. during the marking of animals, unless necessary for the safety of the person carrying out the
marking,
3. in certain diagnostic and therapeutic procedures in accordance with the rules of the profession,
4. in the transfusion of blood, unless for the purpose of the welfare of the animal,
5. when the pain caused by anaesthesia or analgesia is greater than that caused by the procedure itself,
6. when it is counter-indicated to the results hoped to be achieved by the experiment.
Protection of animals at the time of killing
Article 10
(1) It is prohibited to kill animals contrary to the provisions of this Act.
(2) It is prohibited to kill dogs and cats for the production of food and other products.
(3) Special-purpose means and prescribed methods shall be used in the killing of animals in accordance with special regulations from the field of veterinary medicine and procedures in line with the rules of the profession.
Conditions for the killing of animals
Article 11
(1) The killing of an animal may be carried out if:
1. medical treatment of the animal is likely to be long lasting and cause suffering, and the outcome of the treatment is uncertain,
2. the animal has reached an advanced age and its vital functions are failing,
3. the animal is suffering from an incurable disease,
4. such procedure is necessary because of the implementation of disease control measures in accordance with the veterinary legislation, in particular for those diseases that can threaten humans or cause great economic damage,
5. such a procedure is carried out for the purpose of environmental production or conserving the natural balance,
6. such a procedure is carried out for the purpose of the protection of the health and safety of humans and animals, and the protection of property,
7. such a procedure is necessary for the implementation of Article 49, paragraph 3 and Article 58, paragraph 3 of this Act,
8. it is performed for the purpose of pest control,
9. the animal kept or bred for production purposes is sick or injured, and the animal cannot be treated or this would require the use of compounds that would impact the suitability of the product for human consumption,
10. it is necessary for the purpose of performing an experiment on the animal or producing biological preparations or after the completion of the experiment or after using the animal for the production of biological preparations,
11. it is necessary for the purpose of the work or education on isolated organs, tissues or carcasses of the animals killed for that purpose,
12. such procedure is performed for the purpose of obtaining products of the animal bred and kept for production purposes,
13. the animal is suffering severe and incurable pain,
14. it is for reasons of the animal’s benefit,
15. the animal has been bred for use in experiments, but will not be used in the envisaged experiment or another experiment, and it cannot be adopted and is therefore considered a surplus experimental animal, or if such a procedure is necessary for the welfare of the experimental animals,
16. if it is necessary due to surpluses of one-day chicks or embryos in chicken eggs,
17. if the animal is a danger to the environment.
(2) Regarding the killing of animals in the cases:
– from paragraph 1, items 1, 2, 3 and 13 of this Article, the decision is made by the animal owner pursuant to the prior opinion of a veterinarian,
– from paragraph 1, items, 4, 5, 6, 7 and 17 of this Article, the decision is made by the veterinary inspector,
– from paragraph 1, items 8, 9, 12 and 16 of this Article, the decision is made by the animal owner,
– from paragraph 1, items 10, 11 and 15 of this Article, the decision is made by the veterinarian,
– from paragraph 1, item 14 of this Article, the decision is made by the veterinarian or veterinary inspector.
(3) If the owner of the animal cannot be ascertained or is not available, the decision on the killing of the animal in the case from paragraph 2, subparagraphs 1 and 3 of this Article shall be made by the veterinarian.
(4) The killing of an animal may only be carried out by a veterinarian or qualified veterinary technician under the supervision of a veterinarian, except in the following cases:
1. the killing of animals bred or kept for production purposes,
2. the killing of animals for the purposes of conducting experiments or producing biological preparations,
3. the killing of animals for the use of their organs, tissues, and carcasses for the purpose of carrying out various procedures or for educational purposes,
4. pest control,
5. when it is necessary to kill an animal without delay because it suffers severe and incurable pain,
6. when the killing is necessary to preserve the natural balance in accordance with special regulations on nature protection,
7. when the killing is necessary for the safety and protection of humans or animals, and for the protection of property or the environment.
(5) The animal owner must, without delay, ensure the killing of an animal suffering severe and incurable pain.
Conditions for the transport of animals
Article 12
(1) It is prohibited to transport animals in a way that causes them pain, suffering, injury or death that may be avoided.
(2) The following conditions must be complied with when transporting animals:
1. the means of transport must be designed, constructed, maintained and operated so as to avoid injury and suffering and ensure the safety of the animals,
2. during transport, adequate ventilation must be ensured in the means of transport, and animals must be protected from unfavourable weather conditions,
3. means of transport for animals must be regularly ventilated and properly maintained,
4. sufficient floor area and height must be provided allowing animals to lie down and stand up in their natural position,
5. water and feed must be offered to the animals at suitable intervals and bedding must be adequate to ensure comfort and the appropriate absorption of faecal matter,
6. during transport, animals must have access to adequate care,
7. during transport, aquatic animals transported in appropriate containers must be ensured a sufficient quantity of water of the appropriate temperature and oxygen supply, depending on the requirements of individual animal species,
8. females in the final quarter of pregnancy and females in the first week following delivery are not considered suitable for transport, unless they require veterinary assistance.
PART THREE
PROTECTION OF ANIMALS USED FOR SCIENTIFIC PURPOSES
Decisions on authorisations for breeders, suppliers or users
Article 13
(1) Breeders, suppliers and users must ensure appropriate housing of experimental animals and their care, marking and identification of experimental animals, keeping records and reporting to the competent authority on the breeding, acquisition and use of experimental animals.
(2) Prior to commencing the activities of breeding, acquisition and use of experimental animals, breeders, suppliers and users must file an application for the issuance of the decision on authorisation for breeders, suppliers or users.
(3) The fulfilment of the requirements from paragraph 1 of this Article, upon filing the application from paragraph 2 of this Article, is determined by an expert committee that provides expert assistance in the making of the decision on the authorisation from paragraph 2 of this Article.
(4) The competent authority decides on the application from paragraph 2 of this Article in a decision, authorising the breeder, supplier or user, if the breeder, supplier or user fulfils the conditions from paragraph 1 of this Article, and in terms of the premises and structures in which animals are housed, and the equipment, devices, training and qualifications of personnel, and if the veterinary and health protection and care for animals has been ensured, removal of by-products, and having a professional person responsible for the welfare of experimental animals.
(5) The application form from paragraph 2 of this Article, the manner of breeding, procurement and use of experimental animals in accordance with paragraph 4 of this Article is prescribed by the minister in an ordinance.
Important changes
Article 14
(1) Following the issuance of the decision from Article 13, paragraph 4 of this Act, for each important change in the structure or function of the facility in which the experimental animals are housed which could negatively impact animal welfare, the breeder, supplier or user must file an application with the competent authority for approval of such changes.
(2) The competent authority issues a decision on the application from paragraph 1 of this Article.
(3) The form of the application from paragraph 1 of this Article is prescribed by the minister in an ordinance.
Termination of the decision on authorisation for breeders, suppliers or users
Article 15
(1) If during an inspection supervision it is established that a breeder, supplier or user no longer fulfils the requirements from Article 13, paragraph 4 of this Act, the veterinary inspector shall determine the measures and the time period for the removal of irregularities in accordance with Article 79 of this Act.
(2) If the established irregularities from paragraph 1 of this Article threaten animal welfare, the veterinary inspector shall prohibit the breeder, supplier or user from further work until the irregularities can be removed.
(3) If the breeder, supplier or user does not remove the determined irregularities from paragraphs 1 and 2 of this Article within the set time period, the competent authority shall terminate the decision from Article 13, paragraph 4 of this Act, and delete the breeder, supplier or user from the register kept by the competent authority in accordance with Article 29 of this Act.
(4) For the duration of the prohibition of work from paragraph 2 of this Article, and upon the termination of the decision from paragraph 3 of this Article, the breeder, supplier or user must secure the welfare of animals at their own expense.
(5) The frequency of inspection supervisions from this Article shall be laid down by the minister in an ordinance.
Animal Welfare Committee of breeders, suppliers and users
Article 16
(1) Breeders, suppliers and users must establish an animal welfare committee, mandated to advise persons on issues concerning the welfare of animals, care, procurement and use of animals, and implementation of the 3R principles.
(2) Advice, opinions and decisions of the animal welfare committee from paragraph 1 of this Article must be issued in writing, and kept for a minimum of three years.
(3) Breeders, suppliers and users must appoint a doctor of veterinary medicine and a person responsible for animal welfare to the animal welfare committee from paragraph 1 of this Article, and in addition to a veterinarian and person responsible for animal welfare, users must appoint a scientific member.
User
Article 17
(1) An experiment may be conducted only by a user holding a decision on authorisation from Article 13, paragraph 4 of this Act, and whose project was approved by the competent authority.
(2) Prior to the execution of the experiment, the user must submit an application for approval of the project to the competent authority.
(3) With the application from paragraph 2 of this Article, the user shall submit the opinion of the animal welfare committee from Article 16, paragraph 2 of this Act, and the opinion of the person responsible for animal welfare from Article 16, paragraph 3 of this Act.
(4) Immediately upon receipt of the submission, the competent authority confirms the receipt of the application from paragraph 2 of this Article to the user electronically to the e-mail address listed on the application form, stating the deadline from Article 18, paragraph 2 of this Act, in which the decision on the authorisation of the project must be made.
(5) In the case of submission of an incomprehensible, incomplete or unorderly application from paragraph 2 of this Article, the competent authority shall send a conclusion to the user electronically within seven days of receipt of the application, informing the user of such shortcomings, and give a 30-day period in which to remove such shortcomings, with warning of the legal consequences if this is not completed in the given time period, and the time period from Article 18, paragraph 2 of this Article shall begin to run as of the time of submission of the orderly application to the competent authority.
(6) The application form from paragraph 2 of this Article and the content of the opinion from paragraph 3 of this Article are prescribed by the minister in an ordinance.
Decision on the authorisation of the project and project extension
Article 18
(1) The decision on authorisation of the project is issued by the competent authority in line with the submitted application from Article 17, paragraph 2 of this Act, and pursuant to the previous assessment of the project as to the justification and scope of the proposed project conducted by the Ethics Committee for the protection of animals used for scientific purposes (hereinafter: Ethics Committee), and the opinion of the Ethics Committee from Article 36 of this Act.
(2) The competent authority issues the decision on the authorisation of the project within 40 working days from the date of receipt of the orderly application, and where so justified due to the complexity and multidisciplinary nature of the project, this deadline may be extended by an additional 15 days, and the competent authority will inform the applicant thereof.
(3) The decision on authorisation of the product must establish the following information:
– name and seat and OIB (ID number) of the user and number of the authorisation according to the decision from Article 13, paragraph 4 of this Act,
– name and surname, and OIB of the person responsible for implementation of the project,
– name and surname and OIB of the person responsible for alignment of the project with the decision on project authorisation,
– name and surname and OIB of the person responsible for animal welfare,
– name and surname and OIB of the appointed doctor of veterinary medicine,
– name and surname and OIB of the project leader and leader of the experiment,
– place of execution of the project, with the name, address and OIB of the legal or natural person in whose premises the project is to be executed,
– special conditions under which the experiment is permitted to be conducted,
– on the retroactive assessment of the project from Article 19, paragraph 2 of this Act, and
– duration of the project.
(4) The decision on authorisation of the project is issued for a limited time period with regard to the purpose of the project, for a maximum of five years.
(5) Exceptionally, the competent authority may decide to extend the time period from paragraph 4 of this Article by a maximum of five years, upon such application submitted by the user.
(6) The detailed rules of the prior project assessment from paragraph 1 of this Article, and the conditions for the extension of the duration of the project from paragraph 5 of this Article, are prescribed by the minister in an ordinance.
Special projects
Article 19
(1) For multiple generic projects conducted by the same user, and which are conducted to meet the requirements of certain special regulations in production, marketing and maintaining a product/compound on the market, including assessments of safety and risk for food and feed, the production of biological preparations, or production for diagnostic purposes based on defined methods, a single decision on authorisation of the project is issued.
(2) The retroactive project assessment is conducted by the competent authority on the basis of the user documentation and the opinion of the Ethics Committee from Article 36 of this Act.
(3) The retroactive project assessment and content of the documentation from paragraph 2 of this Article are prescribed by the minister in an ordinance.
User obligations
Article 20
(1) The user must:
1. conduct the experiment in accordance with the decision on project authorisation,
2. ensure that upon completion of the experiment, test animals are treated or killed, if killing is necessary for the welfare of the animal,
3. prevent the death of experimental animals as the final result of the experiment where possible, and replace death with the early killing of experimental animals
4. ensure that test animals that have previously been used in one or more experiments are used in a new experiment only with abidance of the prescribed conditions, particularly taking account of the severity of previous experiments and the new experiment, and the health condition of the experimental animals,
5. submit an annual report on conducted experiments to the competent authority,
6. keep records on experiments for a minimum of five years.
(2) In accordance with Article 17 of this Act, the user submits to the competent authority an application for the authorisation of every change to the project that is not compliant with the decision on project authorisation from Article 18 of this Act, and which may negatively impact animal welfare, and the competent authority issues a decision thereto.
(3) The conditions for amendments to the project from paragraph 2 of this Article are prescribed by the minister in an ordinance.
Termination of the decision on project authorisation
Article 21
(1) The competent authority issues a decision to terminate the decision on project authorisation from Article 18, paragraph 1 of this Act, if the user conducts the experiment contrary to the project authorisation, thereby threatening animal welfare, or if the experiment is not conducted in accordance with Article 24 of this Act.
(2) If the established irregularities do not threaten animal welfare, the veterinary inspector will determine measures for the user, and the deadline for their removal, in accordance with Article 79 of this Act.
(3) If the user does not remove the identified irregularities within the specified timeline from paragraph 2 of this Article, the competent authority will terminate the decision on project authorisation.
(4) The user from paragraph 1 of this Article may re-submit the application for project authorisation only after three months from the final date of validity of the decision on the termination of the decision of project authorisation.
Project and experiment leader
Article 22
(1) The project leader is responsible for execution of the project in accordance with the project authorisation.
(2) The experiment leader is responsible for the execution of the experiment in accordance with the provisions of this Act.
Purpose for which experiments may be performed
Article 23
(1) Experiments may be performed only for the purpose of:
1. basic research,
2. translational or applied research with any of the following aims:
– the avoidance, prevention, diagnosis or treatment of disease, ill-health or other abnormality or their effects in humans, animals or plants
– the assessment, detection, regulation or modification of physiological conditions in humans, animals or plants
– the welfare of animals and the improvement of the production conditions for animals reared for agricultural purposes,
3. for any of the aims in point 2 of this Article in the development, manufacture or testing of the quality, effectiveness and safety of drugs, foodstuffs and feed and other substances or products,
4. protection of the natural environment in the interests of the health or welfare of humans or animals,
5. research aimed at preservation of the species,
6. higher education in accordance with Article 30 of this Act, or training for the acquisition, maintenance or improvement of vocational skills,
7. forensic inquires.
(2) The competent authority encourages the development of alternative approaches for the purpose of obtaining data through methods that do not include the use of animals in experiments, or which use a smaller number of animals, or which include less painful procedures.
(3) In planning projects, the user must take into consideration the data of the European Union Member States collected in experiments conducted in accordance with the regulations of the European Union, and exceptionally, the competent authority may authorise the doubling of experiments only for the purpose of protection of public health, safety or the environment.
(4) The following are not considered experiments: non-experimental agricultural practices, non-experimental clinical veterinary practices, veterinary clinical testing necessary for issuing marketing authorisations for veterinary or medical products, practices implemented for the purpose of recognised breeding of animals, and practices which are performed above all for the purpose of identification of animals.
(5) The criteria for the classification of experiments are prescribed by the minister in an ordinance.
Conditions for performing experiments
Article 24
(1) An experiment must be performed under the following conditions:
1. within the framework of an approved project,
2. in the premises of the user, unless the competent authority exceptionally permits variations pursuant to scientific evidence and findings,
3. on animals in general or local anaesthesia, unless this is unacceptable with regard to the purpose of the experiment, and with the use of analgesia or other appropriate method that will reduce suffering and anxiety of the animal as much as possible,
4. on laboratory animals bred for use in experiments, unless the competent authority exceptionally permits variations pursuant to scientific evidence and findings,
5. in accordance with the 3R principles,
6. during the performance of the experiment, at the site of the experiment, adequately educated and trained personnel must be engaged for the care of experimental animals and the killing of experimental animals,
7. for effective and unhindered performance of the experiment, the appropriate device and equipment must be ensured.
(2) An experiment is not permitted:
1. if the animals are exposed to long-term suffering and anxiety during the experiment that cannot be reduced,
2. if other methods or experimental strategies are recognised in the European Union for achieving the desired results, and which do not include the use of live animals,
3. for testing weapons, ammunition or accompanying equipment, combat equipment or the general effects of radiation,
4. for researching or developing tobacco products and chemical substances for washing and disinfecting general use items,
5. for researching or developing ingredients, combinations of ingredients and finished cosmetic products,
6. for researching the effects of alcohol and drugs, except in cases when there is no other scientific method to replace the use of animals,
7. without anaesthesia if using substances for the paralysis of muscles.
(3) It is prohibited to conduct experiments on threatened animal species, on non-human primates, on animals taken from the wild and on abandoned animals, unless the competent authority exceptionally permits the performance of experiments pursuant to scientific evidence and findings, in accordance with the conditions prescribed in this Act.
Use of isolated organs, tissues and carcasses of laboratory animals
Article 25
(1) Users may not use, for scientific or educational purposes, isolated organs, tissues and carcases of laboratory animals killed for that purpose without the decision of the competent authority authorising the scientific or educational work on isolated organs, tissues and carcasses of laboratory animals killed for that purpose.
(2) The users from paragraph 1 of this Article must ensure appropriate housing and care of laboratory animals, marking and identification of laboratory animals, and keeping the prescribed records.
(3) The competent authority issues the decision from paragraph 1 of this Article if the users from paragraph 1 of this Article meet all requirements pertaining to space, equipment, technical auxiliary means, educated and trained staff, removal of by-products and meeting the requirements from paragraph 2 of this Article.
(4) The user from Article 13, paragraph 4 of this Act is authorised for work on isolated organs, tissues and carcasses of animals killed for that purpose, for scientific or educational purposes.
(5) The manner of breeding, acquiring, use and handling of laboratory animals from paragraph 1 of this Article, and the conditions from paragraph 3 of this Article, are prescribed by the minister in an ordinance.
Laboratory animals
Article 26
(1) Only laboratory animals may be used for scientific and educational purposes from Article 25 of this Act.<>(2) By way of derogation from paragraph 1 of this Article, at the request of the user from Article 25, paragraph 1 of this Act, and pursuant to the scientific justification and opinion of the Ethics Committee from Article 36 of this Act, the competent authority may issue authorisation for the use of other animal species.
(3) Strictly protected animal species and endangered species taken from nature may not be used for work on isolated tissues, organs and carcasses of animals killed for that purpose, unless where it is not possible to use animals bred for that purpose.
Termination of the decision on the use of organs, tissues and carcasses of laboratory animals
Article 27
(1) If during an inspection it is determined that the user from Article 25, paragraph 1 of this Act no longer meets the requirements from Article 25, paragraph 3 of this Act, or if the animals are not killed in the prescribed manner, the veterinary inspector shall determine measures and a deadline for the remedy of irregularities in accordance with Article 79 of this Act.
(2) If the established irregularities from paragraph 1 of this Article jeopardise the wellbeing of the animal, the veterinary inspector shall issue the user from paragraph 1 of this Article a decision prohibiting the work on isolated organs, tissues and carcasses of animals, until the determined irregularities can be remedied.
(3) If the user from paragraph 1 of this Article fails to remedy the established irregularities from paragraphs 1 and 2 of this Article within the stipulated deadline, or acts contrary to the provisions of Article 26 of this Act, the competent authority shall issue a decision terminating the authorisation from Article 25, paragraph 1 of this Act.
Production of biological preparations
Article 28
(1) The provisions of Articles 13 to 24 of this Act shall apply accordingly to breeders, suppliers and users that breed, acquire or use animals for the production of biological preparations.
(2) Prior to the start of use of animals for the production of biological preparations, the breeder, supplier and user from paragraph 1 of this Article must file an application with the competent authority for the issuance of a decision on the authorisation of the use of animals for the production of biological preparations.
(3) The competent authority issues the decision on the authorisation of the use of animals for the production of biological preparations pursuant to the prior opinion of the project and the opinion of the Ethics Committee from Article 36 of this Act.
(4) The competent authority may terminate the decision from paragraph 3 of this Article under the conditions stipulated under Article 27 of this Act.
Register
Article 29
(1) The competent authority keeps the register of authorised breeders, suppliers and users, users authorised to work on isolated organs, tissues and carcasses of animals killed for that purpose, breeders, suppliers and users authorised for the use of animals for the production of biological preparations, and legal or natural persons who conduct training of persons in accordance with Article 34, paragraph 2 of this Act.
(2) The legal or natural person is deleted from the register from paragraph 1 of this Article by virtue of a decision of the competent authority in the following cases:
1. filing of an application for deletion from the register,
2. termination of the decision on the authorisation of the breeder, supplier or user in accordance with Article 15 of this Act,
3. termination of the decision on the use of isolated organs, tissues and carcasses of laboratory animals, in accordance with Article 27 of this Act,
4. termination of the decision on the authorisation of the use of animals for the production of biological preparations in accordance with Article 28, paragraph 4 of this Act.
(3) The content, form and manner of keeping the register from paragraph 1 of this Article is prescribed by the minister in an ordinance.
Use of animals for educational purposes
Article 30
(1) Experiments on animals that cause pain, suffering, injury or death of the animal may not be performed for educational purposes.
(2) The competent authority may issue a decision authorising the project for education purposes if performed at university or scientific research institutions, and if necessary for the education of persons in undergraduate or graduate university study programmes, or integrated undergraduate and graduate university study programmes, and the project may be carried out by doctors of veterinary medicine, medical doctors, doctors of dental medicine, masters of pharmacy, masters of medical biochemistry, masters of biology, biotechnologists, sanitary engineers and those with a degree in agriculture in the field of zoo-techniques, with regard to the area in the framework of the project which require the appropriate knowledge for work with animals, and if satisfactory results cannot be achieved with other teaching aids (computer simulations, films, images, models, preparations, etc.), under the condition that for each group only one animal may be used, and that the project is led by a person trained in accordance with Article 34 of this Act.
(3) By way of derogation from paragraph 2 of this Act, the competent authority may issue a decision authorising projects for educational purposes:
1. for students of veterinary medicine, if performed under the supervision of a person trained in accordance with Article 34 of this Act, and if satisfactory results cannot be achieved using other teaching aids (computer simulation, films, images, models, preparations, etc.),
2. if performed at a university or scientific research institution, and if necessary for the education of persons in undergraduate or graduate university study programmes, or integrated undergraduate and graduate university study programmes, and the project may be carried out by doctors of veterinary medicine, medical doctors, doctors of dental medicine, masters of pharmacy, masters of medical biochemistry, masters of biology, biotechnologists, sanitary engineers and those with a degree in agriculture in the field of zoo-techniques, with regard to the area in the framework of the project which require the appropriate knowledge for work with animals, and if satisfactory results cannot be achieved with other teaching aids (computer simulations, films, images, models, preparations, etc.), under the condition that for each group only one animal may be used, and that the project is led by a person trained in accordance with Article 34 of this Act
Statistical records
Article 31
(1) The competent authority keeps statistical records on the basis of received applications for authorisation of projects and annual reports of users.
(2) The collective statistical data on the number and species of animals used and the types of experiments are public, and published on the website of the competent authority.
(3) The competent authority publishes non-technical summaries of performed experiments on its website, taking into account the protection of intellectual property and confidentiality of data.
(4) The manner of reporting by the competent authority from paragraph 1 of this Article is prescribed by the minister in an ordinance.
Keeping the logbook
Article 32
(1) The course of an experiment on animals and the procedures used in the production of biological preparations must be recorded in logbooks.
(2) The logbooks referred to in paragraph 1 of this Article must be signed by the project leader, and the persons from Article 33, paragraphs 1 to 4 of this Act.
(3) The logbooks referred to in paragraph 1 of this Article must be retained for five years and must be made available to the competent authority on request.
Conditions for working with experimental animals
Article 33
(1) The design, planning and conception of projects may be performed by persons with completed graduate university study or integrated undergraduate and graduate university study, who during the course of their higher education, have attained the necessary knowledge from the area of use of animals: doctors of veterinary medicine, medical doctors, doctors of dental medicine, masters of pharmacy, masters of medical biochemistry, masters of biology, biotechnologists, sanitary engineers and those with a degree in agriculture in the field of zoo-techniques, with regard to the area in the framework of the project which require the appropriate knowledge for work with animals, and if they are trained for work with animals in accordance with Article 34 of this Act
(2) Procedures in the production of biological preparations may be performed by veterinarians, if they are trained for work with animals in accordance with paragraph 1 of this Article, and exceptionally, procedures in the production of biological preparation used in experiments as part of projects may be performed by other persons from paragraph 1 of this Article, on: mouse, rat, guinea pig, golden hamster, Chinese hamster, Mongolian gerbil, and European rabbit, if they are trained for work with animals in accordance with paragraph 1 of this Article.
(3) Surgical procedures on animals during the experiment may be performed by veterinarians if they are trained in accordance with paragraph 1 of this Article.
(4) By way of derogation from paragraph 3 of this Article:
– surgical procedures on animals in mild and irreversible experiments may be performed by medical doctors, doctors of dental medicine, masters of pharmacy, masters of medical biochemistry, masters of biology, biotechnologists, sanitary engineers and those with a degree in agriculture in the field of zoo-techniques for: mouse, rat, guinea pig, golden hamster, Chinese hamster, Mongolian gerbil, European rabbit, frog and zebra fish, if they are trained for work with animals in accordance with paragraph 1 of this Article,
– surgical procedures on animals in moderate and severe experiments may be performed by medical doctors on pigs and sheep, if they are trained for work with animals in accordance with paragraph 1 of this Article.
(5) In the event the surgical procedure from paragraph 4 of this Article is not performed by a veterinarian, then the procedure must be under the supervision of the appointed veterinarian of the users, who is a member of the surgical team.
(6) The minimum conditions to be met by the persons from paragraph 1 of this Article, and the programme and manner of training from paragraphs 1 and 4 of this Articles, are prescribed by the minister in an ordinance.
Trained personnel
Article 34
(1) The personnel of legal or natural persons from Article 13, paragraph 1, Article 25, paragraph 1, and Article 28, paragraph 1 of this Act must be trained for the performance of experiments on animals, design of experiments and projects, animal care and killing of animals, in accordance with the tasks they perform.
(2) The training from paragraph 1 of this Article may be conducted by a legal person registered for the activity of training as designated by the competent authority, and if it meets the requirements concerning professional staff, premises and equipment, and ensures the personnel training programme.
(3) The training from Article 33, paragraphs 3 and 4 of this Act for the performance of surgical procedures, may be performed by a legal person registered for the activity of implementing education as designated by the competent authority, and if it meets the requirements concerning professional staff, premises and equipment, and ensures the personnel training programme.
(4) The competent authority recognises the executed training from this Article that was conducted by accredited organisations established in a European Union Member State.
(5) Detailed rules for the implementation of training from this Article is prescribed by the minister in an ordinance.
Decision on training
Article 35
(1) The competent authority issues the decision on the fulfilment of requirements from Article 34, paragraph 2 of this Act.
(2) The competent authority terminates the decision from paragraph 1 of this Article if the legal or natural person from Article 34, paragraph 2 of this Act:
– lacks sufficient expertise for the implementation of training, or
– does not possess adequate premises and equipment for the implementation of training, or
– does not implement at least one training programme within two consecutive years.
Ethics Committee for the protection of animals used for scientific purposes
Article 36
(1) The Minister issues the decision establishing an Ethics Committee.
(2) The membership of the Ethics Committee shall include experts in the fields of scientific activities with a minimum of ten years of work experience in the area of scientific research in the use of animals, in the fields of veterinary medicine, human medicine, biology, pharmacy, biochemistry and agronomy, as well as representatives of the state administration body responsible for the assessment of scientific projects in the area of application of the Act, and representatives of animal protection associations.
(3) The Ethics Committee shall:
1. give opinions from Article 18, paragraph 1 of this Act, and Article 28, paragraph 3 of this Act, in relation to the justification and scope of the proposed project,
2. gives opinions on the retroactive assessment of projects from Article 19, paragraph 2 of this Act,
3. gives opinions from Article 26, paragraph 2 of this Act in relation to the scientific justification of deviations from the use of laboratory animals for work on isolated organs, tissues and carcasses of animals killed for that purpose,
4. for the purpose of drafting the opinions from points 1, 2 and 3 of this paragraph, the Ethics Committee considers the decisions of the animal welfare committee from Article 16, paragraph 2 of this Act, and the opinion of persons responsible for animal welfare from Article 16, paragraph 3 of this Act,
5. gives opinions on issues of acquisition, breeding, keeping, care and use of animals in experiments for which a decision authorising the project has been issued, and ensuring the exchange of best practices,
6. exchange information on the work of the animal welfare committees from Article 16, paragraph 1 of this Act, and assessments of projects and good practices concerning experiments within the European Union,
7. at the request of the competent state administration body, gives opinions in the area of protection of animals used for scientific purposes,
8. gives opinions to proposed regulations in the area of protection of animals used for scientific purposes,
9. drafts an annual report of its work which it forwards to the Minister, by the end of March of the current year for the preceding year.
(4) The Ethics Committee shall adopt its rules of procedure.
Costs of the Ethics Committee
Article 37
(1) Members of the Ethics Committee are entitled to remuneration for the assessment of projects and the drafting of opinions from Article 36, paragraph 3, items 1, 2, 3, 5 and 7 of this Act.
(2) The costs of the assessment of projects and drafting of opinions are borne by the applicant, in accordance with paragraph 1 of this Article.
(3) The level of fees from paragraph 1 of this Article is prescribed by the Minister in an ordinance.
PART FOUR
KEEPING OF ANIMALS BREED AND USED FOR THE PURPOSE OF PRODUCTION
Animal Protection Commission
Article 38
(1) The Minister shall establish an Animal Protection Commission.
(2) The Animal Protection Commission consists of two boards:
1. Board for the protection of animals used in production
2. Board for the protection of pet animals and other animals, with the exception of experimental animals and animals used in production.
(3) Members of the Board from paragraph 2, item 1 of this Article are appointed from among recognised experts with a minimum of ten years work experience in tasks from the scope of the Board from paragraph 2, item 1 of this Article, and shall include representatives of:
1. Faculty of Veterinary Medicine, University of Zagreb
2. Faculty of Agriculture, University of Zagreb
3. Faculty of Agriculture, University of Osijek
4. Croatian Veterinary Chamber
5. Croatian Chamber of Economy
6. Croatian Agricultural Chamber
7. farmers’ associations
8. animal protection associations.
(4) Members of the Board from paragraph 2, item 2 of this Article are appointed from among recognised experts with a minimum of ten years work experience in tasks from the scope of the Board from paragraph 2, item 2 of this Article, and shall include representatives of:
1. Faculty of Veterinary Medicine, University of Zagreb
2. Croatian Veterinary Chamber
3. Croatian Chamber of Economy
4. animal shelters
5. pet breeders’ associations
6. zoos
7. pet shops
8. animal protection associations.
(5) The Animal Protection Commission shall:
1. give opinions on proposals for legislation in the field of animal protection in the area of expertise of individual boards,
2. encourage the adoption or amendment of legislation in the field of animal protection in the area of expertise of individual boards,
3. have a duty to keep abreast of scientific and technical developments in the field of animal protection in the Republic of Croatia and the European Union and to make proposals for the improvement of animal protection in the Republic of Croatia,
4. prepare an annual report on its work and forward to the Minister, by the end of March of the current year for the preceding year,
5. at the request of competent state administration bodies, provide opinions on matters relating to animal protection.
(6) The Animal Protection Commission shall adopt its rules of procedure in the scope of each individual board.
Principles of keeping animals
Article 39
(1) Animals bred and used for production purposes may only be kept if their biological needs can be met in a way that does not impede their physiological functions and species-specific behaviour.
(2) The owner of animals must ensure that the space, freedom of movement, land configuration, structure of buildings and animal quarters, microclimatic conditions, care and food as well as the possible contact between animals are - having regard to the species, age and degree of development, adaptation and domestication of the animals - appropriate to their physiological and ethological needs, in accordance with good manufacturing practices and the scientific knowledge.
(3) Veterinary inspectors shall confirm the fulfilment of requirements from paragraphs 1 and 2 of this Article during inspections, and shall forward the data on the conditions and manner of keeping of animals bred and used for the purpose of production to the competent authority for the purpose of reporting to the European Commission.
(4) The manner of keeping animals bred and used for production purposes from paragraph 1 of this Article, and the rules for the collection of data from paragraph 3 of this Article, are prescribed by the minister in an ordinance.
(5) The manner of keeping cow calves bred and used for production in accordance with paragraph 1 of this Article is prescribed by the minister in an ordinance.
(6) The manner of keeping pigs bred and used for production in accordance with paragraph 1 of this Article is prescribed by the minister in an ordinance.
(7) The manner of keeping chicks bred and used for production in accordance with paragraph 1 of this Article is prescribed by the minister in an ordinance.
(8) The manner of keeping laying hens bred and used for production in accordance with paragraph 1 of this Article is prescribed by the minister in an ordinance.
Obligations of legal and natural persons keeping animals
Article 40
(1) Animals bred and kept for production purposes must be cared for by a sufficient number of trained staff or persons having equivalent experience or knowledge concerning the keeping and care of animals.
(2) Legal and natural persons keeping animals for production purposes, including the breeding of game animals, must be registered and entered into the register that is kept by the competent authority.
(3) Holdings where laying hens are kept for the production of eggs are issued a unique registration number.
(4) Natural and legal persons from paragraph 2 of this Article must keep records in accordance with special regulations in the veterinary field.
(5) The manner of qualifications of persons from paragraph 1 of this Article, and the manner of keeping the records from paragraph 2 of this Article are prescribed by the minister in an ordinance.
Care in the case of illness or injury
Article 41
(1) The owner must, appropriately and without delay, extend the appropriate care for any animal used for production purposes showing signs of illness, exhaustion or injury and, where necessary, ensure that they receive veterinary attention.
(2) The animals from paragraph 1 of this Article shall, if necessary, be placed in separate areas or pens.
Animal movements
Article 42
(1) The movement of animals bred and used for production purposes must not be restricted in such a way as to cause it unnecessary suffering, pain, injury or fear.
(2) Animals from paragraph 1 of this Article must be given the space appropriate to their physiological and ethological needs, an in line with good practices and scientific knowledge.
(3) Animals from paragraph 1 of this Article must be allowed a daily time off the tether so that they can move freely in accordance with their physiological and ethological needs, and in line with good practices and scientific knowledge.
(4) Tethering of animals from paragraph 1 of this Article must be in such a manner that it does not cause pain, suffering, injury or fear.
(5) If the animals from paragraph 1 of this Article are kept in pens, they must be permitted movement according to their needs.
Tethering of wild animals
Article 43
(1) Wild animals may not be kept tethered, except for veterinary-health or safety reasons.
(2) The provisions of paragraph 1 of this Article shall not apply to the training of raptors for falconry.
Provision of feed and water
Article 44
(1) The type, quality and quantity of feed provided to animals must be appropriate to the species, age and physiological needs of the animals.
(2) Animals must have access to sufficient quantities of drinking water of suitable quality according to their needs.
(3) Animals must be offered feed and water in a manner that is appropriate to their species, condition and age.
(4) The space where animals receive feed and water, and the feeding and watering equipment must be kept clean, and facilities equipped in such a way that animals can take food and water in a manner appropriate to their species, condition and age.
Construction and equipping of animal housing
Article 45
(1) Materials used for the construction of animal housings and the equipment in animal housing with which the animals bred for production purposes come into contact must not be harmful to the animals nor adversely affect their health, and must be easy to clean and, where necessary, disinfect.
(2) The housing and enclosures for animals bred for production purposes, and the equipment therein must be constructed so that there are no sharp corners, edges or protrusions likely to cause injury to animals.
(3) Animals bred and used for production purposes, and which are temporarily or permanently kept outside housing must, as required, have access to natural or constructed shelters from inclement weather and climatic conditions, predators and other threats to their health and welfare.
Inspections of animals and equipment
Article 46
(1) All animals bred or used for production purposes and kept on holdings or in such husbandry systems in which their health and welfare depend on human care must be inspected on a regular basis, at least once a day, and records kept thereof.
(2) To enable the animals to be inspected at any time, adequate lighting must be secured by the owner to the extent necessary for the care and inspection of the animals bred or used for production purposes.
(3) All automated and mechanical equipment essential for maintaining the health of the animals must be regularly inspected, at least once a day. Where defects are discovered, these must be rectified immediately, or if this is impossible, backup equipment must be available to preserve the health and well-being of the animals.
PART FIVE
PROTECTION OF WILD ANIMALS
Protection of wild animals during their keeping and breeding
Article 47
In the keeping and breeding of wild animals, the necessary care with regard to the climate conditions, manner of keeping and feed, need for free movement and degree of acclimatisation must be secured.
Prohibited actions
Article 48
(1) All actions that cause wild animals in natural habitats, as populations or individuals, suffering, pain, injury or death, or disable them from performing physiological functions (feeding, drinking, expressing distinctive behaviour, reproducing), are prohibited, including:
1. disabling access to water and other parts of the habitat that are important to the survival of a species by fencing, polluting, forced dispersion, etc.,
2. destroying entire habitats or their parts essential for the survival of a species,
3. capturing live animals or killing animals in a manner that causes extended suffering, unless exceptionally justified for scientific research or to assist a specific population,
4. other activities with detrimental consequences.
(2) By way of derogation from paragraph 1 of this Article, actions that are scientifically justified, and which are performed for the purpose of protection of wild animals in natural habitats are permitted.
(3) The release of dogs in areas of hunting grounds intended for the breeding and protection of wild game is prohibited in the period from 1 March to 30 September.
Protection of wild animals found outside their natural habitat
Article 49
(1) Wild animals found outside their natural habitat are housed in shelters that ensure their return to the natural habitat, where possible.
(2) If it is not possible to return the wild animal to the natural habitat, the animals shall first be offered to the nearest hunting ground manager in accordance with special regulations on hunting, and if the nearest hunting ground manager cannot accept the animal, it shall be offered to a zoo equipped for its reception.
(3) If the wild animal cannot be housed in a shelter, or if the hunting ground manager or zoo is not able to receive the animal, the animal may be killed.
(4) The manner of handling wild animals found outside the natural habitat from this Article are prescribed by the general acts of the representative body of the local self-government unit.
PART SIX
PROTECTION OF PET ANIMALS
Sale or gifting of pet animals
Article 50
(1) The sale of pet animals to minors is prohibited.
(2) Minors are prohibited from taking pets from shelters for the purpose of their care or adoption.
(3) A seller in a pet shop, or the seller of cats or dogs, and the manager of a shelter or person giving away pets for adoption or care may request public identification of the person to whom the animal is being sold or gifted to prove the age of the person, in accordance with paragraphs 1 and 2 of this Article.
(4) If the person to whom the animal is being sold or gifted cannot prove their age in accordance with paragraph 3 of this Article, the pet animal may not be sold or gifted.
Conditions for the keeping of pet animals
Article 51
(1) Pet animals must be ensured keeping conditions in line with their needs.
(2) It is prohibited to keep and handle a pet animal in a manner that poses a risk to the health and safety of other animals and people, in particular children and animals.
(3) The movements of pet animals in a manner that poses a risk to the health and safety of other animals and people, in particular children and animals are prohibited.
(4) It is prohibited to keep dogs constantly tethered, or to keep them in areas for the separate keeping of dogs without enabling their free movement outside that area.
(5) The conditions and manner of keeping pet animals from paragraphs 1, 3 and 4 of this Article are prescribed in the general acts of representative bodies of local self-government units.
Control of reproduction of pet animals
Article 52
(1) The owners of pet animals must ensure the controlled reproduction of animals which are under their control.
(2) The owners from paragraph 1 of this Article must provide care for the offspring of their own pet animals.
(3) If the owners of pet animals do not want to provide care for the offspring of their pet animals, they shall bear the costs of their care, and in the case of dogs, for the costs of their permanent sterilisation.
(4) If the owners of pet animals do not provide care for the offspring of their pet animals, the veterinary inspector, upon determining the abandonment of the offspring of their pet animals, may impose a measure of permanent sterilisation of the pet animal, at the expense of the owner.
(5) If a larger number of abandoned dogs is ascertained within the territory of a local (regional) self-government unit, the manner and financing of the control of reproduction of abandoned dogs in that area shall be prescribed by the minister in an order.
Training of pet animals
Article 53
(1) The owner of a pet animal must ensure that the pet animal is not a danger to the environment, through adequate training or other measures with regard to the keeping and movements of the pet animal.
(2) The conditions and manner of keeping of dangerous dogs is prescribed by the minister in an ordinance.
Breeding of pet animals intended for sale
Article 54
(1) The breeding of pet animals intended for sale may not commence the said activity without having obtained a decision on the registration of breeding issued by the competent authority.
(2) In order to receive the decision from paragraph 1 of this Article, pet animal breeders must ensure the manner of keeping pet animals in accordance with their needs and their care, and fulfil the requirements for the facility in which pet animals are kept.
(3) Pet animal breeders must be qualified for their keeping and breeding, with regard to their feeding, care, behaviour and recognition of conditions of illness and stress in the animals, and ensure animal transport conditions or ensure the qualifications of the person caring for the pet animals, if the breeder does not independently care for them.
(4) The competent authority shall keep a register of breeders referred to in paragraph 1 of this Article and publish it on its website.
(5) The manner of keeping pet animals and the conditions for the facility in accordance with paragraph 2 of this Article, and qualifications from paragraph 3 of this Article shall be prescribed by the minister in an ordinance.
Possession of dogs and cats
Article 55
(1) The person possessing more than nine dogs or cats over the age of six months for the purpose of adoption must meet the requirements from Article 61 of this Act with regard to the requirements for keeping dogs or cats and their care.
(2) The person from paragraph 1 of this Article may, for the purpose of adopting, keep only those dogs or cats given into his care by the shelter, and with which he has a contract thereof, and the shelter ensures the marking of dogs and cats and their sterilisation, keeps the prescribed records and advertises the dogs or cats for the purpose of adoption, while free living cats are returned to their original habitat.
(3) The person from paragraph 1 of this Article holding more than 30 animals from paragraph 1 of this Article must fulfil the requirements from Article 61 of this Act and be authorised as a shelter.
Temporary housing of pet animals
Article 56
(1) Facilities for the temporary housing of pet animals where animals are left for keeping and care at the owner’s expense may be established by a legal or natural person.
(2) The staff in the facilities from paragraph 1 of this Article must be qualified for the care of animals or possess equivalent experience or knowledge in the keeping and care of animals.
(3) The facilities referred to in paragraph 1 of this Article may not commence operation without having obtained a decision from the competent authority confirming the fulfilment of requirements.
(4) The fulfilment of the requirements for facilities from paragraph 1 of this Article is determined by an expert committee that provides expert assistance for the issuance of the decision from paragraph 3 of this Article.
(5) The competent authority shall keep a register of the facilities referred to in paragraph 1 of this Article and publishes it on its website.
(6) The Minister shall prescribe the requirements for the facilities referred to in paragraph 1 of this Article and the qualification of staff from paragraph 2 of this Article in an ordinance.
PART SEVEN
PROTECTION OF ANIMALS IN ZOOS
Decisions for zoos
Article 57
(1) A zoo may not commence operation without having obtained a decision from the competent authority confirming the fulfilment of requirements.
(2) The fulfilment of requirements for zoos in accordance with Article 58, paragraph 1 of this Act is established by an expert committee, that provides expert assistance for the purpose of issuance of the decision from paragraph 1 of this Article.
(3) The competent authority shall keep a register of zoos and publishes it on its website.
(4) A natural or legal person performing the activity in a zoo is obliged to notify the competent authority if it intends to cease such activity, for the purpose of deletion from the register from paragraph 3 of this Article.
(5) The manner of keeping animals in the zoo, and the training requirements for staff caring for animals in a zoo, and the content and manner of keeping the register from paragraph 3 of this Article, are prescribed by the minister in an ordinance.
Requirements for zoos
Article 58
(1) A zoo must ensure the following:
1. housing facilities which are of such a size and equipped in such a way as to meet the basic needs of each animal species and, in addition to indoor housing facilities, outdoor exercise enclosures where necessary,
2. the required daily amounts of adequate feed and water,
3. veterinary health care,
4. humane treatment of animals by staff members,
5. protection of animals from visitors,
6. protection of visitors from animals,
7. trained staff to care for animals,
8. an animal care plan in the event of closure of the zoo.
(2) The competent authority may close a zoo or part thereof if the requirements set out in Article 57 of this Act and paragraph 1 of this Article are not met.
(3) In the case referred to in paragraph 2 of this Article, the competent authority may order that the animals be:
1. permanently seized and given for care to legal or natural persons who satisfy the animal keeping requirements in accordance with the provisions of this Act, and if the animals are transported abroad it must be ensured that they are provided with protection at least equivalent as provided for by the provisions of this Act or, where this is not possible,
2. killed.
(4) The costs of the care of animals referred to in paragraph 3 of this Article shall be borne by the zoo.
PART EIGHT
PROTECTION OF ANIMALS USED IN CIRCUS SHOWS, FOR FILM OR TELEVISION, EXHIBITS, COMPETITIONS, PERFORMANCES OR OTHER PURPOSES WITH THE AIM OF PRESENTING ANIMALS
Use of animal in circus performances
Article 59
(1) It is prohibited to keep animals in circuses and use them in circus performances.
(2) By way of derogation from paragraph 1 of this Article, the keeping and performance of domesticated animals in circuses and circus performances for the purpose of presentation of the species-specific behaviour, which is identical to the behaviour of the animal in its natural environment, shall be permitted.
Use of animals for the purpose of their presentation
Article 60
(1) Animals may be used in film and television productions and in animal exhibitions, competitions, performances and other purposes with the intent of their presentation after the consent of the veterinary inspector is issued.
(2) Animals may be used for the purposes from paragraph 1 of this Article if their care can be secured in accordance with the ethological and biological needs with regard to the species and category of animal.
(3) It is prohibited to use wild animals originating from nature for the purposes from paragraph 1 of this Article, if such use demands their relocation from their living area.
(4) Animals from zoos may, with the consent of the competent veterinary inspector, be transferred for their use for educational purposes.
(5) The request for the issuance of the consent from paragraphs 1 and 4 of this Article shall be delivered to the competent veterinary inspector at least seven days before the use of the animals, and must contain the list of all the animals to be used (species, category and number), information about the manner in which the animals have been kept and used up to date, the purpose of the use of the animals, the conditions of keeping the animals during use, and the site of the filming, exhibition or competition, performance or other means of presentation of the animals will take place.
PART NINE
PROTECTION OF ABANDONED AND LOST ANIMALS
Establishment of shelters
Article 61
(1) A natural or legal person may establish a shelter.
(2) If an animal shelter is not established in accordance with paragraph 1 of this Article, the shelter shall be established by one or more local self-government units, or the City of Zagreb.
(3) If no local self-government unit, or any other natural or legal persons does not establish a shelter within the territory of the regional self-government unit, the shelter shall be established by the regional self-government unit. The costs of establishment shall be borne by the local and regional self-government units.
(4) The shelter may not commence activities without receiving the decision on the fulfilment of requirements with regard to the housing, feeding, staff and handling of animals, which is issued by the competent authority.
(5) The fulfilment of requirements for the shelter in accordance with paragraphs 4 and 7 of this Article are determined by an expert committee that provides expert assistance for the issuance of the decision from paragraph 4 of this Article.
(6) The competent authority keeps the register of shelters, and publishes it on its website.
(7) The manner of keeping animals in shelters, qualifications of staff collecting animals and responsible for their care in the shelter, handing animals, the operation of the shelter, and the content and manner of keeping the register of shelters is prescribed by the minister in an ordinance.
Local self-government units
Article 62
(1) The tasks of collecting abandoned or lost animals are organised and financed by the local self-government units.
(2) At least one shelter must be established in the territory of each regional self-government unit, with a minimum capacity for 50 animals.
(3) All local self-government units are obliged to participate in the financing of the establishment and operation of the shelter from paragraph 2 of this Article.
(4) The local self-government units may conclude a contract on the collection and care of abandoned or lost animals with the shelter person from Article 61, paragraph 1 of this Act, which is situated within the territory of the regional self-government unit including the local self-government unit.
(5) The manner of handling abandoned or lost animals is prescribed by general acts of the representative bodies of the local self-government unit.
(6) The local self-government unit may prescribe permanent sterilisation as a compulsory manner for reproduction control.
Shelter expenses
Article 63
The expenses for the care, sterilisation, marking and veterinary care of abandoned or lost animals in the shelter established by one or more local self-government units, or in the case of conclusion of a contract on the collection or care of animals with persons from Article 61, paragraph 1 of this Act, are financed by the local self-government unit, and if the owner of the animal is known or subsequently determined, the owner shall be required to cover the expenses for the case, sterilisation, marking and veterinary care.
Shelter activities
Article 64
(1) An animal shelter financed by the local self-government unit must:
1. receive reports of abandoned and lost animals,
2. organise independently alone or in cooperation with units of local or regional self-government, for the collection and transport of lost and abandoned animals to the shelter,
3. provide housing for lost and abandoned animals,
4. provide housing for animals referred to in Article 81, paragraph of this Act,
(2) All animal shelters must:
1. ensure that veterinary care is provided to animals,
2. ensure the marking of found unmarked dogs within a period of ten days from the arrival to the shelter,
3. ensure the marking and registration of cats,
4. ensure permanent sterilisation of found dogs and cats, unless the animal is marked and it is possible to locate the owner and return the animal,
5. make efforts to locate the owner of an abandoned and lost animal or try to place it in a foster home by advertising via public communication means and in other ways,
6. keep records of animals found, adopted or humanely killed,
7. keep records of the persons from Article 55 of this Act.
(3) In addition to the measures from paragraphs 1 and 2 of this Article, the shelter must also implement the measures ordered by the veterinary inspection service.
Handling of animals in shelters
Article 65
(1) Every person adopting a dog from a shelter is required to register the dog to the veterinary organisation or veterinary clinic authorised for keeping the Register of pet animals within 72 hours.
(2) If within a period of 14 days from the date of publication of the data in accordance with Article 68, paragraphs 1 and 3 of this Act, the owner has not submitted a request for the return of the animal, the shelter shall become the owner of the animal and may put it up for adoption.
(3) An animal from the shelter that is not returned to its owner remains in the shelter until it is adopted.
(4) By way of derogation from paragraph 3 of this Article, in the cases from Article 11, paragraph 1, items 1, 2, 3, 4, 6, 7, 13, 14 and 17 of this Act, animals in shelters may be killed.
(5) The shelter is obliged to submit an annual report on the implementation of measures from paragraphs 3 and 4 of this Article to the local self-government unit that established the shelter, or which has concluded an agreement with the shelter on the financing of the operation of the shelter.
Animals in the shelter
Article 66
(1) Shelters have access to the data on the marking of pet animals from the Register of pet animals kept by the competent authority.
(2) If dogs from the shelter are taken into European Union Member States or a third country, the owner of the dog must report the destination where the dog will be housed and data on the new owner to the competent veterinary organisation or veterinary clinic authorised for keeping the register from paragraph 1 of this Article, and those data are entered into the register from paragraph 1 of this Article.
(3) The legal or natural persons or associations housing abandoned or lost dogs for the purpose of further adoption procedures must meet the requirements from Article 61 of this Act.
Abandoned and lost animals
Article 67
(1) The owner of a lost pet animal is obliged to report the loss to an animal shelter within 3 days, and also, in the case of a lost dog, to the veterinary organisation or veterinary clinic authorized to keep the Register of pet animals within 14 days of the loss of the dog.
(2) A person finding an abandoned or lost animal is obliged to inform an animal shelter thereof within three days of finding the animal, unless the animal has already been returned to its owner within that time period.
(3) An animal shall not be housed in a shelter if it is possible upon finding the animal to determine its owner and the animal is immediately returned to its owner, unless the owner does not immediately come for the animal.
(4) By way of derogation from paragraph 1 of this Article, an animal is not returned to its owner if the owner has stated their rejection of the animal, or it can be otherwise ascertained without doubt that the animal has been abandoned.
Joint information centre
Article 68
(1) For the purpose of performing the tasks from Article 64, paragraph 1 of this Act, the founders of the shelter from Article 61, paragraphs 1 and 2, and Article 62, paragraphs 2 and 3 of this Act are obliged to record the data on abandoned and lost pet animals via the Joint information centre for abandoned and lost animals in the Register of pet animals kept by the competent authority.
(2) The competent authority ensures the availability of the animal records from paragraph 1 of this Article.
(3) The shelter records the following data into the joint information centre from paragraph 1 of this Article:
– date the animal was reported missing
– date the animal was found
– location where the animal was found
– animal species and breed
– animal gender
– colour photograph of the animal
– identification code of the animal (where applicable)
– data on the shelter where the animal is housed (name, address, OIB number and authorisation number from the competent authority)
– date of adoption of the animal.
(4) The data on the animal from paragraph 3 of this Article are public.
Stimulating animal protection
Article 69
The competent state administration body and the local or regional self-government units are obliged to raise awareness of the public, particularly among youth, on animal protection.
Coordination work groups
Article 70
(1) The body of the regional self-government unit is required to organise coordination work groups for the purpose of fulfilling the requirements from Article 65 of this Act.
(2) The coordination work groups from paragraph 1 of this Article consist of a minimum of: a representative of the local and regional self-government units, representative of the animal shelter if one exists in the territory of the regional self-government unit, representative of a non-governmental organisation for animal protection, representative of the administrative body of the local self-government unit responsible for municipal affairs, representative of the central state administration body responsible for internal affairs from the jurisdiction of the police administration, Croatian Veterinary Chamber and veterinary inspector, and the representatives of other legal and natural persons may be included as needed.
(3) The tasks of the coordination working groups from paragraph 2 of this Article is coordination of the application of regulations in the area of animal protection and the development of good practices, for the purposes of protecting the health and welfare of animals, through raising public awareness and awareness of owners of the responsible ownership of animals, which includes:
– monitoring issues regarding the care of abandoned animals in the territory of their regional self-government unit, and adopting measures to reduce the numbers of abandoned dogs
– stimulating the marking of animals for which marking is not mandatory
– developing good practice guidelines regarding the appropriate housing and care of animals
– stimulating reproduction control among pet animals, particularly dogs and cats
– developing good practice guidelines concerning operations of shelters
– stimulating the adoption of dogs from shelters
– educational activities on the need for animal protection and on responsible animal ownership (marking animals, rabies vaccinations, housing and care of animals, animal reproduction control, bans on abandoning animals)
– monitoring the work of shelters with regard to advertising animals for adoption
– implementing measures to ensure the health and welfare of animas, and keeping the prescribed records
– proposing and participating in the drafting of conditions for keeping pet animals
– improving animal protection, depending on the issues and interests of the local or regional self-government unit.
(4) The coordination working group from paragraph 1 of this Article proposes measures for reducing the number of abandoned animals in their area to the head of the regional self-government unit.
(5) Every regional self-government unit must designate a responsible person for animal welfare, and who must also be a member of the coordination working group from paragraph 1 of this Article.
Population control programme for abandoned dogs
Article 71
(1) The body of the regional self-government unit adopts the Population control programme for abandoned dogs, taking into consideration the proposals of the coordination work group from Article 70, paragraph 4 of this Act, and delivering them to the competent authority for assessment.
(2) In drafting the Programme from paragraph 1 of this Article, the recommendations for population control of stray dogs of the World Animal Health Organisation (OIE) must also be considered.
(3) The Programme from paragraph 1 of this Article is updated every five years, and any amendments are submitted to the competent authority for assessment by the end of February of the following year.
(4) The regional self-government unit provides technical support for maintaining meetings of the coordination work group from Article 70 of this Act by providing meeting space, the necessary presentation equipment, and a person to coordinated meetings and record the meeting conclusions.
(5) The coordination working group from Article 70 of this Act adopts its rules of procedure.
PART TEN
PROTECTION OF ANIMALS IN PET SHOPS
Pet shops
Article 72
(1) Pet shops and wholesale facilities may not commence their activities without the issuance of the decision by the competent authority of the fulfilment of the requirements.
(2) Pet shops and wholesale facilities must ensure a manner of keeping pet animals in line with their needs and ensure their care, and must fulfil the requirements of the housing in which pet animals are kept.
(3) The fulfilment of requirements by pet shops and wholesale facilities is determined by an expert committee that provides expert assistance for the issuance of the decision from paragraph 1 of this Article.
(4) The competent body keeps a register of shops and wholesale facilities from paragraph 1 of this Article, and publishes it on its website.
(5) The manner of keeping pets in pet shops and wholesale facilities in accordance with paragraph 2 of this Article, and the content and manner of keeping the register from paragraph 4 of this Article are prescribed by the minister in an ordinance.
Sale of pet animals
Article 73
(1) Pet animals offered for sale in the shops from Article 72, paragraph 1 of this Act must originate from registered breeding, or from an animal owner listed in accordance with Article 54 of this Act, or shop or wholesale facility registered in accordance with Article 72 of this Act, or from legal or natural persons authorised for the sale of pet animals by the competent authority in European Union Member States or third countries.
(2) Pet shops must ensure the provision of written instructions on the characteristics of the animal species, and on the appropriate manner of keeping the animal that is for sale.
(3) The staff working with animals in pet shops and wholesale facilities must be qualified to care for animals, or possess the equivalent experience or knowledge on the keeping and care of animals.
(4) The training of staff and the manner of prescribing the instructions from paragraph 2 of this Article are prescribed by the minister in an ordinance.
Prohibition of the sale of animals and advertisement
Article 74
(1) The sale of dogs, cats and tame ferrets is prohibited in pet shops.
(2) The sale of animals still dependent on their mother, or which cannot independently feed, and sick or injured animals is prohibited.
(3) In the advertisement of dogs for the purpose of sale or change of ownership, the seller must ensure, and the advertiser must publish, the number of the dog’s microchip, and the number of the dog’s mother’s microchip.
PART ELEVEN
SUPERVISION
Competent authorities
Article 75
(1) Administrative supervision over the implementation of this Act and the provisions adopted pursuant thereto is performed by the ministry responsible for agriculture affairs.
(2) Inspection supervision in the implementation of this Act and the provisions adopted pursuant thereto is performed by the veterinary or agricultural inspectors of the ministry responsible for agricultural affairs, in accordance with the authorities laid down by special regulations in veterinary medicine or agriculture.
(3) Supervision over the implementation of general acts from Article 49, paragraph 4, Article 51, paragraph 5, and Article 62, paragraph 5 of this Act are performed by the municipal monitor.
Inspection supervision
Article 76
Supervision from Article 75, paragraphs 2 and 3 of this Act are performed on the basis of a risk assessment, by random selection of inspection sites, or by findings of actions contrary to the provisions of this Act.
Assistance in the provision of supervision
Article 77
The police, in accordance with their powers, provide assistance to the authorised applicant/competent inspector or municipal monitor if there is a justified expectation of resistance to the performance of supervision or the execution of a decision, in accordance with special regulations.
Exercise of supervision
Article 78
(1) The competent veterinary inspector from Article 75, paragraph 2 of this Act is authorised, during the exercise of inspection supervision in the case of suspicion of actions contrary to the provisions of this Act and provisions adopted pursuant thereto, to inspect facilities at the holding, buildings, rooms, equipment and means of transport.
(2) The owners of the holdings, areas, rooms, equipment and means of transport, who keep animals, must enable the execution of the inspectional supervision referred to in paragraph 1 of this Article, and provide the competent inspector with the required data, information and documentation, and provide conditions for unhindered work.
(3) Upon the request of the competent inspector, the owner must submit or prepare, within a specified time period, the prescribed records and documents that the inspector may need during inspectional supervision.
Powers of the inspector
Article 79
In exercising supervision, the competent veterinary inspector from Article 75, paragraph 2, in addition to the authorities granted by regulations in veterinary medicine, is also authorised to:
1. prohibit acts which are contrary to the provisions of this Act,
2. order that measures be taken within a specified time to remedy the irregularities observed,
3. temporarily remove from the custody of the owner or keeper an animal which is in a condition suggesting that the animal is in pain, suffering or feeling great fear, that it is injured or that its further living in the same conditions would be associated with incurable pain, suffering or great fear, and animals that the keeper is holding in inappropriate conditions,
4. temporarily seize animals that are a danger to the environment,
5. temporarily seize documents and objects which can be used as evidence in offence or criminal proceedings,
6. file a report pursuant to the provisions of the criminal or misdemeanour law.
Powers of the municipal monitor
Article 80
(1) In the implementation of supervision from Article 75, paragraph 3 of this Act, the municipal monitor is authorised to:
– inspect documents allowing for the determination of identity of the parties and other persons present at the inspection
– enter into areas/rooms where pet animals are kept
– take statements of parties and other persons
– request information and documentation from parties
– collect evidence in visual and other appropriate means
– read the microchip
– perform other actions in accordance with the purpose of the supervision
– file a criminal report or an indictment proposal.
(2) If in the implementation of supervision in accordance with Article 51, paragraph 5 of this Act, the municipal monitor concludes that the animal is in a condition from Article 79, item 3 of this Act, or that it represents a threat to its environment in accordance with Article 79, item 4 of this Act, he shall be obliged to immediately inform the veterinary inspector thereof, who will decide on the temporary seizure of the animal, and taking other measures for which he is authorised.
(3) If the municipal monitor observes actions contrary to the provisions of this Act during the supervision, and for which he is not authorised, he is obliged to immediately notify the veterinary inspector thereof.
(4) In every situation requiring the provision of veterinary assistance, the care of abandoned or lost animals, finding the owner of the animal, or any other direct handling of abandoned or lost animals, the municipal monitor is obliged to immediately notify the shelter.
Temporary seizure of animals
Article 81
(1) Confirmation of the temporary seizure of animals from Article 79, items 3 and 4 of this Act and the objects and documentation from Article 79, item 5 of this Act must be issued, and the seized animal is housed in a shelter or other temporary housing facility.
(2) The temporarily seized animals from Article 79, item 3 of this Act may be returned to their owners if the animal keeping requirements determined by the provisions of this Act are met, or otherwise it will be placed in an animal shelter or placed in appropriate housing facility, or permanently seized and put up for adoption or sale.
Legal remedies
Article 82
(1) No appeal is permitted against the decision of the competent authority issued pursuant to this Act, however, an administrative suit may be filed.
(2) No appeal is permitted against the decisions of the veterinary inspector issued pursuant to this Act in the first instance, though an administrative suit may be filed.
(3) The initiation of an administrative suit shall not delay the execution of the decision from paragraph 2 of this Article.
Appeals against the decisions of the municipal monitor
Article 83
(1) An appeal may be lodged against the decision of the municipal monitor within 15 days of the date of submission of the decision, which does not delay the execution of the decision.
(2) The decision on the appeal lodged against the decision of the municipal monitor from paragraph 1 of this Article is made by the administrative body of the regional self-government unit responsible for second instance affairs in the municipal economy, or the ministry responsible for municipal economic affairs if the appeal is lodged against a decision of a municipal monitor of the City of Zagreb.
Monetary fines
Article 84
(1) If during the inspection the municipal monitor has established a violation in relation to Article 75, paragraph 3 of this Act, he has the right and obligation to charge a monetary fine stipulated by the general act of the representative body of the local self-government unit.
(2) Funds collected pursuant to paragraph 1 of this Article are the revenue of the local self-government unit, and are used for the needs of caring for abandoned and lost animals.
PART TWELVE
PENAL PROVISIONS
Article 85
(1) A fine from HRK 50.000,00 to HRK 100.000,00 shall be imposed for an offense by a legal person for:
1. importing or selling animals originating from breeding from Article 5, paragraph 2, item 1 of this Act (Article 5, paragraph 2, item 2),
2. increasing aggressiveness of animals through selection or other methods in breeding (Article 5, paragraph 2, item 3),
3. inciting animals against another animals or humans or training them to be aggressive, contrary to Article 5, paragraph 2, item 4 of this Act,
4. administering stimulants or other unauthorised substances to animals in order to improve their performance in sports competitions and shows (Article 5, paragraph 2, item 9),
5. administering unauthorised stimulants and substances to animals in order to enhance their growth and weight gain and to enhance the physical performance of animals (Article 5, paragraph 2, item 10),
6. breeding of animals for the purpose of fur production (Article 5, paragraph 2, item 21),
7. keeping dolphins and other marine mammals from the family Cetacea in captivity, contrary to Article 5, paragraph 2, item 23 of this Act,
8. using animals in breeding that are not sexually mature and have not completed their growth, or animals after the rejection of young that have not yet recovered, or the use of sick, exhausted, injured animals, or animals not ready for mating (Article 5, paragraph 2, item 30),
9. importing the skin and skin products of seal pups for commercial purposes, contrary to Article 5, paragraph 4 of this Act,
10. animals are not killed by a veterinarian or professionally trained veterinary technician under the supervision of a veterinarian (Article 11, paragraph 4),
11. surgical procedures are performed on animals during experiments contrary to Article 33, paragraphs 3 to 5 of this Act,
12. not having qualified personnel for the execution of experiments on animals, designing of experiments and projects, care for animals, and killing of animals, in accordance with Article 34, paragraphs 1 and 2 of this Act,
13. animals bred and used for production purposes, and which show signs of illness, exhaustion or injury, are not tended to and cared for without delay, and if required, the necessary veterinary care is not provided (Article 41, paragraph 1),
14. pet animals are kept and handled in a manner that threatens the health and safety of people, particularly children and animals (Article 51, paragraph 2),
15. dogs are kept in a manner contrary to Article 53, paragraph 2 of this Act,
16. animals are not kept in shelters until they are adopted (Article 65, paragraph 3).
(2) For the violation from paragraph 1 of this Article, the responsible person in the legal person will be charged a fine from HRK 15,000.00 to 30,000.00.
(3) For the violation from paragraph 1 of this Article, a natural person will be charged a fine from HRK 20,000.00 to 50,000.00.
(4) For a violation from paragraph 1, items 1 to 8 and items 14 to 15 of this Article, in addition to the fine, the seizure of the animals and protective measure of a prohibition of keeping and acquiring other animals may be imposed.
(5) For the violation from paragraph 1, items 14 and 15 of this Article committed on an animal for the second time by a natural person, in addition to the fine, a measure may be imposed to seize the animals and the protective measure of keeping and acquiring other animals.
Article 86
(1) A fine from HRK 30.000,00 to HRK 50.000,00 will be imposed for a violation by a legal person for:
1. organizing dog races (Article 5, paragraph 2, item. 8),
2. forcing animals to take certain foods or compounds, unless so determined by a veterinarian in the veterinary health interests or for the purpose of an experiment or unless otherwise scientifically justified (Article 5, paragraph 2, item 15),
3. disturbing animals with regard to their health, housing, diet and care (Article 5, paragraph 2, item 16)
4. feeding animals with other live animals, unless necessary for the survival of the animal and unless this mimics the conditions in the wild (Article 5, paragraph 2, item 18),
5. using equines for the extraction of logs from the forest, except in inaccessible areas where this is not possible without the use of equines (Article 5, paragraph 2, item 31),
6. mating domesticated dogs or domesticated cats with wild animals from the wild or from breeding programmes (Article 5, paragraph 2, item 36),
7. keeping unsocialised animals together (Article 5, paragraph 2, item 37),
8. keeping bears in captivity, except in zoos and shelters (Article 5, paragraph 2, item 38),
9. abandoning domestic animals, pet animals or bred wild animals and other animals kept under human supervision (Article 6, paragraph 1, item 1),
10. exposing bred or saved wild animals to the wild or translocating it there, unless the animal has been prepared for survival in such a living area (Article 6, paragraph 1, item 2),
11. inflicting minor injuries to animals during training (Article 6, paragraph 1, item 3),
12. not seeking veterinary assistance in a timely manner and caring for sick or injured animals, or seeking veterinary assistance at birth if necessary, or the appropriate care for ill, injured and exhausted animals (Article 6, paragraph 2),
13. not providing assistance to injured animals, and if this cannot be provided independently, to ensure the provision of assistance by another (Article 7, paragraph 1),
14. performing surgical and zootechnical procedures on animals without anaesthesia or analgesia (Article 8),
15. not ensuring the appropriate housing for experimental animals and their appropriate care, marking and identification of experimental animals, keeping records and reporting to the competent authority (Article 13, paragraph 1),
16. performing the activities of breeding, acquisition and use of experimental animals without the decision of authorisation for the breeder, supplier or user (Article 13, paragraph 2),
17. not ensuring the proper conditions, in terms of space and the facilities in which animals are housed, equipment, devices, training and qualifications of personnel, and not ensuring veterinary protection and care of animals, removal of by-products, and an expert person responsible for the welfare of experimental animals (Article 13, paragraph 4),
18. breeding, acquiring, using and handling experimental animals contrary to Article 13, paragraph 5 of this Act,
19. not notifying the competent authority of significant changes to the structure or function of a facility in which experimental animals are housed in accordance with Article 14, paragraph 1 of this Act,
20. during a period of prohibition of work due to the establishment of irregularities, or upon the termination of the decision of the veterinary inspector due to non-abidance with the time period given to remove such irregularities, does not ensure the wellbeing of the animal in accordance with Article 15, paragraph 4 of this Act,
21. not establishing an animal welfare committee (Article 16, paragraph 1),
22. performing experiments without the authorisation decision from Article 13, paragraph 4 of this Act, and without the project authorised by the competent authority (Article 17, paragraph 1),
23. performing experiments contrary to the decision (Article 20, paragraph 1, item 1),
24. not ensuring that at the end of the experiment, experimental animals are treated or killed if such killing is necessary for the welfare of the animal (Article 20, paragraph 1, item 2),
25. uses an experimental animal that has already been used in one or more experiments in a new experiment contrary to Article 20, paragraph 1, item 4 of this Act,
26. performs an experiment contrary to its purpose (Article 23, paragraph 1),
27. performs an experiment in the framework of a project that was not authorised by the competent authority (Article 24, paragraph 1, item 1),
28. performs an experiment outside the premises of the user, contrary to Article 24, paragraph 1, item 2 of this Act,
29. performs an experiment on animals that are not under general or local anaesthesia, contrary to Article 24, paragraph 1, item 3 of this Act,
30. does not perform an experiment on laboratory animals bred for experimental use, contrary to Article 24, paragraph 1, item 4 of this Act,
31. does not perform experiments in line with the 3R principles (Article 24, paragraph 1, item 5),
32. does not ensure sufficiently educated and qualified personnel for the performance of experiments, contrary to Article 24, paragraph 1, item 6 of this Act,
33. does not ensure the devices and equipment for the performance of experiments, contrary to Article 24, paragraph 1, item 7 of this Act,
34. performs an experiment that is not permitted in accordance with Article 24, paragraph 2 of this Act,
35. uses isolated organs, tissues and carcasses of laboratory animals without the decision of the competent authority, contrary to Article 25, paragraph 1 of this Act,
36. breeds, acquires, uses and handles laboratory animals contrary to Article 25, paragraph 5 of this Act,
37. uses other species of animals, and not laboratory animals, in scientific and educational purposes, contrary to Article 26, paragraphs 1 and 2 of this Act,
38. uses animals for the production of biological preparations with the decision on the authorisation of the use of animals for the production of biological preparations, contrary to Article 28, paragraph 2 of this Act,
39. performs experiments on animals contrary to Article 30 of this Act,
40. designing, planning and conceiving projects by persons without the appropriate knowledge, and which are not trained, contrary to Article 33, paragraph 1 of this Act,
41. procedures in the production of biological preparations are not performed by veterinarians or exceptionally in the production of biological preparations that are used in experiments in the framework of a project are not performed by other persons on: mouse, rat, guinea pig, golden hamster, Chinese hamster, Mongolian gerbil, and European rabbit, in accordance with Article 33, paragraph 2 of this Act,
42. keeping animals that are bred and used for production purposes contrary to Article 39, paragraph 4 of this Act,
43. keeping calves bred and used for production purposes contrary to Article 39, paragraph 5 of this Act,
44. keeping pigs bred and used for production purposes contrary to Article 39, paragraph 6 of this Act,
45. keeping chicks bred and used for production purposes contrary to Article 39, paragraph 7 of this Act,
46. keeping laying hens bred and used for production purposes contrary to Article 39, paragraph 8 of this Act,
47. does not ensure sufficient number of qualified persons to care for the animals (Article 40, paragraph 1),
48. tethers wild animals contrary to Article 43 of this Act,
49. materials are used for the construction and equipment of animal housing that are dangerous for animals and have a detrimental effect on their health, and which cannot be easily cleaned, washed and disinfected, contrary to Article 45, paragraph 1 of this Act,
50. using housing, premises and equipment for animal housing with sharp edges or parts that could incur injury to animals, contrary to Article 45, paragraph 2 of this Act,
51. for animals held outside housings, does not ensure shelter from inclement weather and climatic conditions, predators and other threats to their health and welfare, contrary to Article 45, paragraph 4 of this Act,
52. does not inspect animals housed on the holding or in such breeding and keeping systems in which their health and welfare depends on the care of humans, in accordance with Article 46, paragraph 1 of this Act,
53. does not ensure equipment in accordance with Article 46, paragraphs 2 and 3 of this Act,
54. keeps and breeds wild animals contrary to Article 47 of this Act,
55. sells or gifts pet animals to minors (Article 50, paragraphs 1 and 2),
56. does not care for the offspring of their own pet animals (Article 52, paragraph 2),
57. breeds pet animals intended for sale without a decision (Article 54, paragraph 1),
58. keeps pet animals intended for sale contrary to Article 54, paragraph 5 of this Act,
59. the facility for the temporary housing of pet animals does not meet the requirements in accordance with Article 56, paragraph 6 of this Act,
60. keeps animals in a zoo contrary to Article 57, paragraph 5 of this Act,
61. a zoo does not ensure enclosures that in terms of space and equipment meet the basic needs of each animal species, and, if necessary, does not ensure in addition to the indoor enclosure and outdoor area for animal movement (Article 58, paragraph 1, item 1),
62. a zoo does not ensure animals have appropriate feed and water in the necessary daily quantities (Article 58, paragraph 1, item 2),
63. a zoo does not ensure veterinary care for animals (Article 58, paragraph 1, item 3),
64. a zoo does not ensure protection of animals from visitors (Article 58, paragraph 1, item 5),
65. a zoo does not ensure protection of visitors from animals (Article 58, paragraph 1, item 6),
66. a zoo does not ensure qualified personnel to care for the animals (Article 58, paragraph 1, item 7),
67. a zoo does not ensure a care plan for animals in the case of its closure (Article 58, paragraph 1, item 8),
68. animals are kept in circuses and used in circus performances, contrary to Article 59 of this Act,
69. animals are used in film and television productions, and for exhibits, competitions, performances and for other purposes of presenting animals, without the consent of the authorised veterinary inspector (Article 60, paragraph 1),
70. wild animals translocated from their living area are used for the purpose of film and television products, or for exhibits, competitions, performances and for other purposes of presenting animals (Article 60, paragraph 3),
71. shelters do not ensure housing for lost and abandoned animals (Article 64, paragraph 1, item 3),
72. shelters do not ensure housing for animals from Article 81, paragraph 1 of this Act (Article 64, paragraph 1, item 4),
73. shelters do not ensure veterinary care for animals (Article 64, paragraph 2, item 1),
74. shelters do not ensure the marking of found unmarked dogs within ten days from the date of their arrival to the shelter (Article 64, paragraph 2, item 2),
75. shelters do not ensure marking and registration of cats (Article 64, paragraph 2, item 3),
76. shelters do not ensure neutering of found dogs and cats, unless the animal is marked and it is possible to find the owner and return the animal (Article 64, paragraph 2, item 4),
77. shelters do not seek the owners of abandoned and lost animals, or do not attempt to put them up for adoption by advertising via public communications means and in other ways (Article 64, paragraph 2, item 5),
78. shelters do not keep records on found animals or their adoption or killing, contrary to Article 64, paragraph 2, item 6 of this Act,
79. shelters do not keep records of persons from Article 55 of this Act (Article 64, paragraph 2, item 7),
80. animals are adopted prior to the expiry of the 14-day time period, contrary to Article 65, paragraph 2 of this Act,
81. upon entry into a European Union Member State or export to a third country, the destination where the dog with be housed and data on the new owner is not reported, contrary to Article 66, paragraph 2 of this Act,
82. in the housing of abandoned or lost dogs for the purpose of further adoption, the shelter does not meet the requirements for shelters in accordance with Article 66, paragraph 3 of this Act,
83. data on abandoned and lost animals are not recorded via the joint information centre for abandoned and lost animals in accordance with Article 68, paragraph 1 of this Act,
84. does not ensure the manner of keeping pet animals according to their needs, and their care in accordance with Article 72, paragraph 5 of this Act,
85. selling of pet animals contrary to Article 73, paragraph 1 of this Act,
86. does not ensure written instructions on the characteristics of the animal species, and on the appropriate manner of keeping the animals being sold (Article 73, paragraph 2),
87. selling of dogs, cats and ferrets in pet shops, contrary to Article 74, paragraph 1 of this Act,
88. sale of animals that are still dependent on their mother, or which cannot independently feed, or ill or injured animals, contrary to Article 74, paragraph 2 of this Act.
(2) For the violation from paragraph 1 of this Article, the responsible person in the legal person will be fined in the amount of HRK 10,000.00 to 20,000.00.
(3) For the violation from paragraph 1 of this Article, a natural person will be fined in the amount of HRK 15,000.00 to 30,000.00.
Article 87
(1) A fine from HRK 10,000.00 to HRK 20,000.00 will be imposed for a violation by a natural or legal person for:
1. keeping animals for the purpose of ornamentation of space in hospitality and trade facilities, except in structures registered for the sale of pet animals, or if animals are ensured adequate keeping conditions and disturbance is disabled (Article 5, paragraph 2, item 33),
2. wild animals are kept and used for the purpose of public display, except in zoos (Article 5, paragraph 2, item 34),
3. animals are transported contrary to Article 12, paragraph 2 of this Act,
4. not being entered into the records in accordance with Article 40, paragraph 2 of this Act,
5. not keeping records in accordance with Article 40, paragraphs 4 and 5 of this Act,
6. does not act in line with the order of the minister with regard to the reproduction control of abandoned dogs if the local self-government unit determines a large number of abandoned dogs, in accordance with Article 52, paragraph 5 of this Act,
7. possessing over 20 dogs or 20 cats and not meeting the requirements from Article 61 of this Act (Article 55, paragraph 3),
8. does not meet the requirements for the shelter in terms of housing, feeding, personnel and handling animals (Article 61, paragraph 4),
9. does not keep animals in the shelter in accordance with Article 61, paragraph 7 of this Act,
10. does not enable the performance of inspection supervision (Article 78, paragraph 2),
11. releases dogs in parts of the hunting ground intended for breeding and the protection of wild game in the period from 1 March to 30 September (Article 48, paragraph 3).
(2) For the violation from paragraph 1 of this Article, the responsible person in the legal person will be fined in the amount of HRK 5000.00 to 10,000.00.
Article 88
(1) A fine from HRK 8,000.00 to HRK 15,000.00 will be imposed for a violation by a legal person for:
1. giving live animals as a prize in a game of chance (Article 5, paragraph 2, item 6),
2. exhibiting dogs with clipped ears and tails, except hunting dogs (Article 5, paragraph 2, item 35),
3. not having an animal suffering severe and incurable pain killed (Article 11, paragraph 5),
4. not reporting the adoption of a dog within 72 hours (Article 65, paragraph 1),
5. not reporting the loss of a pet animal within three days and the loss of a dog within 14 days in accordance with Article 67, paragraph 1 of this Act,
6. not reporting the find of an animal within three days, in accordance with Article 67, paragraph 2 of this Act,
7. in advertising dogs for the purpose of sale or change of ownership, not reporting the microchip number of the dog and the microchip number of the mother of the dog, in accordance with Article 74, paragraph 3 of this Act.
(2) For the violation from paragraph 1 of this Article, the responsible person in the legal person will be fined in the amount of HRK 3000.00 to 5000.00.
(3) For the violation from paragraph 1 of this Article, the natural person will be fined in the amount of HRK 1000.00 to 2000.00.
Article 89
(1) A fine from HRK 10,000.00 to HRK 30,000.00 will be imposed for a violation by a natural person for:
1. having sexual relations with an animal or satisfying sexual needs using animals in another way (Article 5, paragraph 2, item 25),
2. throwing firecrackers or other pyrotechnical devices at animals, except in emergency situations when animals need to be dispersed in accordance with special regulations (Article 5, paragraph 2, item 29).
(2) For the violation from paragraph 1, item 1 of this Article committed against a pet animal, in addition to the monetary fine, the measure to seize the pet animal against the natural person and the protective measure to prohibit that person for keeping and acquiring other animals may be imposed.
Article 90
A fine in the amount of HRK 15,000.00 to 30,000.00 will be imposed against the responsible person of the local or regional self-government unit for:
1. not organising the provision of the necessary assistance for animals when it is not possible to ascertain who injured the animals, and the owner of the animal is not known (Article 7, paragraph 2),
2. not ensuring the collection of abandoned or lost animals (Article 62, paragraph 1),
3. the local self-government unit does not participate in financing the establishment and work of the shelter from Article 62, paragraph 2 of this Act (Article 62, paragraph 3),
4. does not organise the coordination work group (Article 70, paragraph 1),
5. does not appoint a person responsible for animal welfare (Article 70, paragraph 5).
Article 91
(1) A fine in the amount of HRK 1000.00 to 2000.00 will be imposed against a project leader as a natural person if executing a project contrary to Article 22, paragraph 1 of this Act.
(2) A fine in the amount of HRK 1000.00 to 2000.00 will be imposed against the experiment leader as a natural person if executing an experiment contrary to Article 22, paragraph 2 of this Act.
PART THIRTEEN
TRANSITIONAL AND FINAL PROVISIONS
Article 92
As of the date of entry of this Act into force, any bears kept in captivity, with the exception of in zoos and shelters, must be relocated to shelters by 31 December 2018.
Article 93
The local self-government unit that has not, by the date of entry of this Act into force, established a shelter in accordance with Article 62, paragraph 2 of this Act, it obliged to establish a shelter by no later than 31 December 2018.
Article 94
(1) The local self-government units are obliged to ensure, by 30 June 2018, supervision of the implementation of the compulsory microchipping of dogs as stipulated by veterinary regulations, for all dog owners whose dogs are not registered into the Register of pet animals.
(2) The supervision from paragraph 1 of this Article is performed by municipal monitors, in accordance with Article 80, paragraph 1, subparagraph 6 of this Act.
Article 95
(1) The minister is obliged to issue the implementing regulation from Article 61, paragraph 1 of this Act within one year of the date of entry of this Act into force, and to issue the implementing regulations from Article 5 paragraph 4, Article 13 paragraph 5, Article 14 paragraph 3, Article 15 paragraph 5, Article 17 paragraph 6, Article 18 paragraph 6, Article 19 paragraph 3, Article 20 paragraph 3, Article 23 paragraph 5, Article 25 paragraph 5, Article 29 paragraph 3, Article 31 paragraph 4, Article 33 paragraph 6, Article 34 paragraph 5, Article 37 paragraph 3, Article 39 paragraph 4–8, Article 40 paragraph 5, Article 53 paragraph 2, Article 54 paragraph 5, Article 56 paragraph 6, Article 57 paragraph 5, Article 72 paragraph 5 and Article 73 paragraph 4 of this Act within two years of the date of entry of this Act into force.
(2) Until the entry of the regulations from paragraph 1 of this Article into force, the following regulations adopted pursuant to the Animal Welfare Act (Official Gazette 19/99) shall remain in effect:
– Ordinance on the requirements that must be met by animal shelters and hygiene services (Official Gazette 110/04, 121/04 and 29/05),
– Ordinance on the requirements for the establishment and operation of zoos (Official Gazette 67/05).
(3) Until the entry of the regulations from paragraph 1 of the Article into force, the following regulations adopted pursuant to the Animal Protection Act (Official Gazette 135/06, 37/13 and 125/13) shall remain in effect:
– Ordinance on the minimum rules for the protection of chicks bred for meat production (Official Gazette 79/08),
– Ordinance on dangerous dogs (Official Gazette 117/08),
– Ordinance on the conditions to be met for the breeding of pet animals intended for sale (Official Gazette 56/09),
– Ordinance on the protection of animals bred for production purposes (Official Gazette 44/10),
– Ordinance on the minimum requirements for the protection of laying hens (Official Gazette 77/10, 99/10 – corrigendum 51/11),
– Ordinance on the minimum requirements for the protection of calves (Official Gazette 110/10),
– Ordinance on the registration of holdings keeping laying hens (Official Gazette 113/10, 5/13 and 36/13),
– Ordinance on the minimum requirements for the protection of pigs (Official Gazette 119/10),
– Ordinance on the data collection procedures during farm inspections (Official Gazette 5/13),
– Ordinance on the protection of animals used for scientific purposes (Official Gazette 55/13 and 39/17),
– Order on the prohibition of import of skins and products made from the skin of pups of certain seal species (Official Gazette 51/12).
Article 96
Procedures commenced prior to the entry of this Act info force shall be completed in accordance with the provisions of the Animal Protection Act (Official Gazette 135/06, 37/13 and 125/13).
Article 97
With the entry of this Act into force, the Animal Protection Act (Official Gazette 135/06, 37/13 and 125/13) shall cease to have effect.
Article 98
This Act shall enter into force on the eighth day from the date of its publication in the Official Gazette, with the exception of Article 70, Article 71, Article 86, paragraph 1, item 8, and Article 90, items 3, 4 and 5 of this Act, which shall enter into force on 31 December 2018.
Class: 022-03/17-01/79
Zagreb, 4 October 2017
CROATIAN PARLIAMENT
President of the
Croatian Parliament
Gordan Jandroković, v. r.
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