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IMPLEMENTING DECREE
417/2019 Collection of Laws of the Slovak Republic Page 17

Page 18 Collection of Laws of the Slovak Republic 417/2019

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COLLECTION OF LAWS

OF THE SLOVAK REPUBLIC

Volume 2019

Promulgated: 10 December 2019 Time version of the legislation effective from: 1 March 2020

The content of the document is legally binding.

417

I M P L E M E N T I N G D E C R E E

of the Ministry of Agriculture and Rural Development of the Slovak Republic
of ......... 2019
amending Implementing Decree No 143/2012 of the Ministry of Agriculture and Rural Development of the Slovak Republic on the breeding of dangerous animals
of 3 December 2019,
amending Implementing Decree No 143/2012 of the Ministry of Agriculture and Rural Development of the Slovak Republic on the breeding of dangerous animals

In accordance with § 53(1)(f) of Act No 39/2007 on veterinary care, as amended, the Ministry of Agriculture and Rural Development of the Slovak Republic lays down the following:

Article I

Implementing Decree No 143/2012 of the Ministry of Agriculture and Rural Development of the Slovak Republic on the breeding of dangerous animals is amended as follows:

In the introductory sentence, ‘§ 53(f) of Act No 39/2007 on veterinary care, as amended by Act No 342/2011’ is replaced by ‘§ 53(1)(f) of Act No 39/2007 on veterinary care, as amended.’
Article I

Implementing Decree No 143/2012 of the Ministry of Agriculture and Rural Development of the Slovak Republic on the breeding of dangerous animals is amended as follows:

In the introductory sentence, ‘§ 53(f) of Act No 39/2007 on veterinary care, as amended by Act No 342/2011’ is replaced by ‘§ 53(1)(f) of Act No 39/2007 on veterinary care, as amended’.

§ 1, including the title, is replaced by the following:


‘1) § 44 of Act No 543/2002 on nature and landscape protection, as amended.

1a) § 45 of Act No 543/2002, as amended.
‘1a) § 45 of Act No 543/2002, as amended.

1b) Commission Regulation (EC) No 1739/2005 of 21 October 2005 laying down animal health requirements for the movement of circus animals between Member States.


1d) Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein, (OJ Special Edition, Chapter 15/vol. 03), as amended.

Regulation (EU) No 1143/2014 of the European Parliament and of the Council of 22 October 2014 on the prevention and management of the introduction and spread of invasive alien species (OJ L 317, 4 November 2014).

Act No 543/2002, as amended.

Act No 15/2005 on the protection of species of wild fauna and flora by regulating trade therein and on amendments to certain acts, as amended.

Act No 274/2009 on hunting and on amendments to certain acts, as amended.

Act No 150/2019 on the prevention and management of the introduction and spread of invasive alien species and on amendments to certain acts, as amended.

Implementing Decree No 24/2003 of the Ministry of the Environment of the Slovak Republic implementing Act No 543/2002 on nature and landscape protection, as amended.

Implementing Decree No 110/2005 of the Ministry of the Environment of the Slovak Republic implementing certain provisions of the Act on the protection of wild species of fauna and flora by regulating trade therein and on amendments to certain acts.’
Article 14(d)(i) to (iii) of Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation) (OJ L 300, 14.11.2009), as amended.

Regulation (EU) No 1143/2014 of the European Parliament and of the Council of 22 October 2014 on the prevention and management of the introduction and spread of invasive alien species (OJ L 317, 4.11.2014).

§ 33, § 35 and § 41 to 43 of Act No 543/2002, as amended.

§ 4, § 8 and 9, § 11 to 12a, § 13 and § 29 of Act No 15/2005 on the protection of species of wild fauna and flora by regulating trade therein and on amendments to certain acts, as amended.

§ 60 of Act No 274/2009 on hunting and on amendments to certain acts.

§ 2 and § 23 of Act No 150/2019 on the prevention and management of the introduction and spread of invasive alien species and on amendments to certain acts.

§ 3 and § 4(1) of Government Regulation of the Slovak Republic No 322/2003 on the protection of animals bred for farming purposes, as amended.

§ 8 and § 12–15 of Implementing Decree No 24/2003 of the Ministry of the Environment of the Slovak Republic implementing Act No 543/2002 on nature and landscape protection, as amended.

§ 7, § 9, § 11, § 13 and § 14 of Implementing Decree No 110/2005 of the Ministry of the Environment of the Slovak Republic implementing certain provisions of the Act on the protection of wild species of fauna and flora by regulating trade therein and on amendments to certain acts.’.

In § 2(a), ‘animals of the species referred to in § 3’ is replaced by ‘an individual of the species referred to in § 3, including cross-breeds’ and the conjunction ‘and’ is replaced by the conjunction ‘or’.

§ 2(b) is replaced by the following:

‘b) ‘breeding establishment’ means the facility, including the free range one, where dangerous animals are bred or kept permanently or temporarily,’.
‘‘b) ‘breeding establishment’ means the facility, including the free range one, where dangerous animals are bred or kept permanently or temporarily,’.

§ 3(1) is replaced by the following:

‘(1) Class arachnids (Arachnida)

a) the order spiders (Araneida): all venomous species of the genera Atrax, Ceratogyrus, Citharischius, Haplopelma, Harpactirella, Heteroscodra, Chiracanthium, Latrodectus, Loxosceles, Mastophora, Ornithoctonus, Phoneutria, Phrynarachne, Poecilotheria, Pterinochilus, Selenocosmia, Stromatopelma and the species Lycosa erythrognatha,

b) the order scorpions (Scorpiones): all dangerous venomous species of the genera Androctonus, Buthacus, Buthotus, Buthus, Centuroides, Leiurus, Parabuthus and Tityus.’
the order spiders (Araneida): all venomous species of the genera Atrax, Ceratogyrus, Citharischius, Haplopelma, Harpactirella, Heteroscodra, Chiracanthium, Latrodectus, Loxosceles, Mastophora, Ornithoctonus, Phoneutria, Phrynarachne, Poecilotheria, Pterinochilus, Selenocosmia, Stromatopelma and the species Lycosa erythrognatha,

the order scorpions (Scorpiones): all dangerous venomous species of the genera Androctonus, Buthacus, Buthotus, Buthus, Centuroides, Leiurus, Parabuthus and Tityus.’.

In § 3(2), ‘Chondrichtyes’ is replaced by ‘Chondrichthyes’.

§ 3(3) is replaced by the following:

‘(3) Class amphibians (Amphibia): all species from the family dendrobates (Dendrobatidae), except for species of the genus Colostethus or individuals born in a breeding establishment or demonstrably bred or kept in captivity for at least one year.’
‘(3) Class amphibians (Amphibia): all species from the family dendrobates (Dendrobatidae), except for species of the genus Colostethus or individuals born in a breeding establishment or demonstrably bred or kept in captivity for at least one year.’.

In § 3(4), points (d) and (e) are replaced by the following:

‘d) from the suborder lizards (Sauria), all species of the genus Varanus,

e) from the family pythons (Pythonidae) and the family boas (Boidae) in the suborder snakes (Serpentes): all species whose body length, including tail, exceeds 3 m at maturity.’
‘d) from the suborder lizards (Sauria), all species of the genus Varanus,

e) from the family pythons (Pythonidae) and the family boas (Boidae) in the suborder snakes (Serpentes): all species whose body length, including tail, exceeds 3 m at maturity.’.

The following new paragraph (5) is inserted after § 3(4):

‘(5) Class birds (Aves) (hereinafter referred to as ‘birds of prey’)

a) all species from the order Falconiformes,

b) all species from the order Strigiformes’.
all species from the order Falconiformes,

all species from the order Strigiformes.’.

Paragraph (5) becomes paragraph (6).


§ 4(3) is replaced by the following:

‘(3) Owners of dangerous animals or keepers of dangerous animals shall ensure that the weaning of the offspring from the class mammals (Mammalia), order carnivores (Carnivora), family felids (Felidae), genera Panthera, Neofelis, Puma, Lynx and Acinonyx, and the family bears (Ursidae) or order Primates takes place at the most suitable time to safeguard the welfare of both the offspring and the mother (§ 22(1) of the Act), except for cases where according to the opinion of a veterinarian, weaning is necessary for reasons of the offspring’s or mother’s health.’
‘(3) Owners of dangerous animals or keepers of dangerous animals shall ensure that the weaning of the offspring from the class mammals (Mammalia), order carnivores (Carnivora), family felids (Felidae), genera Panthera, Neofelis, Puma, Lynx and Acinonyx, and the family bears (Ursidae) or order Primates takes place at the most suitable time to safeguard the welfare of both the offspring and the mother (§ 22(1) of the Act), except for cases where according to the opinion of a veterinarian, weaning is necessary for reasons of the offspring’s or mother’s health.’.

In § 4(4)(g), ‘no. 1’ is deleted.


‘(5) There shall be an area and facilities in the breeding establishment for fixing the dangerous animal in order to carry out veterinary activities.

(6) Dangerous animals may be bred, kept, cared for or handled, or allowed to move freely, while complying with the requirements under paragraphs (7) to (9), only by a person who is over 18 years of age and, in the case of a dangerous animal which is a bird of prey, they may be handled and allowed to move freely by a person under 18 years of age under the supervision of the keeper of the hunting bird of prey2); for the purposes of this Implementing Decree, ‘handling of a dangerous animal’ means any physical contact with the animal.

(7) Handling of dangerous animals outside the breeding establishment or free movement of dangerous animals outside the breeding establishment are possible only when carried in transport equipment to the place where veterinary activities and services will be carried out or to another breeding establishment. The requirements under the first sentence do not apply to birds of prey that are being handled outside the breeding establishment or whose free movement outside the breeding establishment has been allowed by the keeper of the hunting bird of prey or a person under the keeper’s supervision.

(8) Dangerous animals from the class mammals (Mammalia), order carnivores (Carnivora), family felids (Felidae), genera Panthera, Neofelis, Puma, Lynx and Acinonyx and the family bears (Ursidae) or order Primates may be handled in a breeding establishment or allowed to move freely in the breeding establishment only by the owner, keeper, person caring for the dangerous animal or catching the animal for the purposes of transportation, or a person carrying out veterinary activities.

(9) If a dangerous animal is cared for by a person other than the owner or keeper, that person shall be demonstrably instructed on how to care for the dangerous animal.

(10) Owners of dangerous animals or keepers of dangerous animals shall keep records of the dangerous animals in the breeding establishment within the scope specified in paragraphs (11) and (12) and retain those records for a period of five years after the last entry. Record-keeping pursuant to separate legislation3) substitutes the record-keeping pursuant to the first sentence.’
Dangerous animals may be bred, kept, cared for or handled, or allowed to move freely, while complying with the requirements under paragraphs (7) to (9), only by a person who is over 18 years of age and, in the case of a dangerous animal which is a bird of prey, they may be handled and allowed to move freely by a person under 18 years of age under the supervision of the keeper of the hunting bird of prey2); for the purposes of this Implementing Decree, ‘handling of a dangerous animal’ means any physical contact with the animal.

Handling of dangerous animals outside the breeding establishment or free movement of dangerous animals outside the breeding establishment are possible only when carried in transport equipment to the place where veterinary activities and services will be carried out or to another breeding establishment. The requirements under the first sentence do not apply to birds of prey that are being handled outside the breeding establishment or whose free movement outside the breeding establishment has been allowed by the keeper of the hunting bird of prey or a person under the keeper’s supervision.

Dangerous animals from the class mammals (Mammalia), order carnivores (Carnivora), family felids (Felidae), genera Panthera, Neofelis, Puma, Lynx and Acinonyx and the family bears (Ursidae) or order Primates may be handled in a breeding establishment or allowed to move freely in the breeding establishment only by the owner, keeper, person caring for the dangerous animal or catching the animal for the purposes of transportation, or a person carrying out veterinary activities.

If a dangerous animal is cared for by a person other than the owner or keeper, that person shall be demonstrably instructed on how to care for the dangerous animal.

Owners of dangerous animals or keepers of dangerous animals shall keep records of the dangerous animals in the breeding establishment within the scope specified in paragraphs (11) and (12) and retain those records for a period of five years after the last entry. Record-keeping pursuant to separate legislation3) substitutes the record-keeping pursuant to the first sentence.’.

Footnotes 2 and 3 read as follows:

‘2) § 60(4) of Act No 274/2009.

3) § 41 of Act No 543/2002, as amended.’
3) § 41 of Act No 543/2002, as amended.

§ 11 of Act No 15/2005, as amended.

§ 12 and § 13 of Implementing Decree No 24/2003, as amended.

§ 9 of Implementing Decree No 110/2005, as amended.’
§ 9 of Implementing Decree No 110/2005, as amended.’.

The following paragraphs (11) and (12) are added in § 4:

‘(11) The records on dangerous animal referred to in § 3(1) to (3) shall contain the following information:

a) the date the animal was brought to the breeding establishment and the number of animals at that date,

b) the date of change in the number of animals in the breeding establishment due to reproduction and the total number of animals in the breeding establishment at that date,

c) the date and reason for removal of animals from the breeding establishment and the number of animals removed; if the reason for the removal is a change of ownership or possession, the details of the new owner or keeper within the scope referred to in § 54(12) of the Act.
‘(11) Records on the dangerous animals referred to in § 3(1) to (3) shall contain the following information:

the date the animal was brought to the breeding establishment and the number of animals at that date,

the date of change in the number of animals in the breeding establishment due to reproduction and the total number of animals in the breeding establishment at that date,

the date and reason for removal of animals from the breeding establishment and the number of animals removed; if the reason for the removal is a change of ownership or possession, the details of the new owner or keeper within the scope referred to in § 54(12) of the Act.

(12) Records on the dangerous animals referred to in § 3(4) to (6) shall contain the following information:

a) the date the animal was brought to the breeding establishment or the date of birth or hatching of the animal, if the animal was born or hatched in the breeding establishment,