ROMANIAN PARLIAMENT
CHAMBER OF DEPUTIES
SENATE
LAW
amending and supplementing the Government Emergency
Ordinance no. 155/2001 on the approval of stray dogs
management program
Romanian Parliament adopts this law.
Art. I. – The Government Emergency Ordinance no. 155/2001 on
the approval of stray dogs’ management program, published in the
Official Journal of Romania, Part I, no. 794 dated 13 December 2001,
approved as amended and supplemented by Law no. 227/2002, as
subsequently amended, shall be amended and supplemented as
follows:
1. Article 1 shall be amended and have the following
content:
„Art. 1. - (1) Local councils, respectively the General Council of
Bucharest, are bound to establish, according to the needs, within 60
days as of the effective date of this emergency ordinance, services
specialized in the stray dogs management.
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(2) The services specialized in the stray dogs
management, established at the level of the administrative – territorial
units will manage the database organized at their level.
(3) The register of stray dogs captured within the
administrative – territorial units shall be established at the level of the
services specialized in the stray dogs management.
(4) The National Sanitary Veterinary and Food Safety
Authority, by the county, respectively Bucharest sanitary veterinary and
food safety departments shall control the method of applying the
provisions of this emergency ordinance by the administrative –
territorial units.”
2. After article 1, a new article, article 11 shall be introduced,
having the following content:
„Art. 11. – Within the meaning of this emergency ordinance, the
term stray dog shall have the following meaning: any dog bred,
sheltered, kept on the public domain, in public areas or in their
neighbouring areas, outside the property of its owner or holder,
uncontrolled, unmonitored, free, abandoned, including those identified
by microchip or any other alternative identification device, established
by the National Sanitary Veterinary and Food Safety Authority."
3. Article 2 shall be amended and have the following
content:
„Art. 2. - (1) Local councils, respectively the General Council of
Bucharest, are bound to organize and supplement by their own funds,
according to the needs, under the conditions provided in appendix no.
1, the public shelters for stray dogs.
(2) Local councils, respectively the General Council of Bucharest,
are bound to employ at least one veterinary technician for record and
monitoring within the services specialized in the stray dogs
management.
(3) Local councils, respectively the General Council of Bucharest,
are bound to provide, through specialized services, veterinary
healthcare, the performance of some sanitary – veterinary actions
provided by the sanitary- veterinary legislation, as well as the
identification and registration of stray dogs exclusively by certified
veterinarians, organized under the law conditions.
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(4) The services specialized in the stray dogs management may
be assigned only to legal entities, associations or foundations carrying
out activities related to the animal protection. They will contract
veterinary services, in accordance with the legal regulations in force.
(5) The working hours of the stray dogs shelters in public
relations shall be on a daily basis, from Monday to Friday, between
the time interval 10.00 a.m. – 06.00 p.m.”
4. Article 3 shall be amended and have the following
content:
„Art. 3.- (1) The shelters belonging to animal protection
associations and foundations may house stray dogs that will be subject to
the sanitary – veterinary actions in accordance with the legislation in
force and they will be identified by microchip or by any other alternative
identification device, established by the National Sanitary Veterinary
and Food Safety Authority.
(2) The shelters provided at par. (1) should be provided
with veterinary healthcare, under a contract.
(3) The claim and adoption standard forms which shall
be filled out at the shelters of the animal protection associations and
foundations shall be delivered to the certified veterinarian, organized
under the law conditions, holder of the services contract, within 48 hours
as of the claim / adoption date, in order for them to be recorded in the
Register of dogs with owner.”
5. Article 4 shall be amended and have the following
content:
„Art. 4. - (1) Stray dogs will be housed in the shelters of the
stray dogs management services, for a 14 working days period. The
population should be informed on the shelter existence, its visiting
schedule, adoption or claim possibility, by display at the shelter and the
specialized service headquarters.
(2) The minimum conditions for the operation of stray
dogs’ shelters shall be those provided in appendix no. 1.
(3) The capture, transport, housing, feeding, delousing,
vaccination, sterilization and disease control of shelter dogs shall be carried
out in compliance with the sanitary – veterinary norms and measures provided
in appendix. no. 2.
(4) The special stray dogs’ management services shall
be bound, as soon as the owner is identified, to notify him/her, within
the term provided at art. 7 par. (1) letter a) or, as the case may be, up to
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the expiry of the term provided at art. 7 par. (1) letter b).
(5) The owner shall take in charge the counter-value of
expenses related to the dog care, in the amount defined by the decision
of the local council.”
6. Article 5 shall be amended and have the following
content:
„Art. 5. - (1) The animals suffering from an incurable disease,
reported as such pursuant to a medical examination carried out by the
veterinarian, examination which may be attended by representatives on
behalf of non-governmental organizations for animal protection, based on
the consultation sheet, will be allowed to be euthanized without delay.
(2) Euthanasia is a deed of killing by rapid and
painless procedures of the dogs provided at par. (1).
(3) Euthanasia is the only acceptable procedure to
suppress the life of animals making the subject matter of this
emergency ordinance.”
7. Article 6 shall be amended and have the following
content:
„Art. 6. - (1) Dogs euthanasia shall be carried out only by a
certified veterinarian, organized under the law conditions, in accordance
with the provisions listed in appendix no. 3.
(2) Dogs are forbidden to be killed by other persons
than those provided in this emergency ordinance or by any means others
than euthanasia.”
8. Article 7 shall be amended and have the following
content:
„Art. 7. - (1) Within the term provided at art. 4 par. (1), the dogs
captured and recorded in the shelters registers may be claimed or adopted
as follows:
a) within the first 7 working days as of the date of registration in
the shelters records, dogs may be claimed by their owners;
b) after the expiry of the term provided at letter a) and up to the
expiry of the 14 working days term, dogs may be claimed or
adopted by natural or legal persons, from the country or
abroad, under the law conditions;
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c) The claim and adoption are free.
(2) The unclaimed or non adopted dogs will be
euthanized, based on a decision issued by a person authorized to this
end by the mayor, within the term defined by such decision. The term
will be defined considering the housing capacity and the budgetary
resources. This term may be amended on a grounded basis.
(3) The euthanasia decision shall be issued for each
dog, after ascertaining that all the stages provided by this emergency
ordinance have been covered.
(4) Up to the fulfilment of the euthanasia procedure, dogs
may be claimed or adopted.
(5) The expenditures required for the fulfilment of the
procedures provided by this emergency ordinance shall be taken in
charge by the local budget and/or by any other sources.”
9. Article 8 shall be amended and have the following
content:
„Art. 8. - (1) Dogs’ assignment for claim and adoption shall be
made after they have been examined by the certified veterinarian, after
being subject to delousing, rabies vaccine, sterilization and identified by
microchip or by any other alternative identification device, established
by the National Sanitary Veterinary and Food Safety Authority. The
claimed or adopted dogs will be sterilized, excepting for the special
regime dogs, as they are defined in the implementing regulations of this
emergency ordinance.
(2) Dogs’ claim and adoption by solicitors shall be made
under a statement of commitment, whose template is provided in
appendixes no. 4 and 5.
(3) The adoption of shelter dogs shall be carried out
by observing cumulatively the following conditions:
a) the adopter’s submission of the space evidence
certifying the appropriate conditions for the dogs’ breeding and
sheltering;
b) the adopter’s submission of the justifying material
resources for the dogs’ breeding and care;
c) the adopter’s submission of the agreement given by
the lodgers associations or, as the case may be, by the neighbours, in
case of adopting more than 2 dogs;
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d)
dogs’ registration, immediately after the
adoption, in the Register of dogs with owner.
(4) The dogs’ owners or holders, either natural or legal
persons, shall be bound to make them identified by microchip or by any
other alternative identification device, established by the National
Sanitary Veterinary and Food Safety Authority.”
10. Article 9 shall be amended and have the following
content:
„Art. 9. – The dead bodies of euthanized dogs or those collected
from the streets will be incinerated, in compliance with the sanitary –
veterinary norms in force, being forbidden to be used for obtaining skins,
fats, meat, protein flour and any other products."
11. Article 10 shall be amended and have the following
content:
„Art. 10. – The public shelters within the services specialized
in stray dogs management, as well as the shelters of the animal
protection associations and foundations shall keep special records,
endorsed by the certified veterinarian, organized under the law
conditions, whereby the followings are mentioned: capture date, date
and time of housing in shelter, personal characteristics of the animal,
number of caught, claimed, adopted, returned and euthanized dogs,
euthanasia reason, the used substance and the name of the person
carrying out the euthanasia, number of microchip or of alternative
identification device, established by the National Sanitary Veterinary
and Food Safety Authority, adoption sheet number, delousing date,
rabies vaccine date, sterilization date, date of dead bodies delivery to the
companies which are to carry out the incineration, as well as the persons
having instrumented such works.”
12. Article 11 shall be amended and have the following
content:
„Art. 11. - (1) The capture, sheltering, delousing, vaccination,
sterilization, claim/ adoption actions shall be carried out in compliance
with the sanitary – veterinary norms and measures on animal protection
and they shall be attended also by representatives of the animal
protection associations and foundations.
(2) The representatives of the animal protection
associations and foundations will attend the actions provided at par. (1),
both within the public shelters from the services specialized in stray
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dogs’ management program, and
within the private shelters which
are in partnership with local councils.”
13. Article 12 shall be amended and have the following
content:
„Art. 12. – The public services for stray dogs’ management
locally, as well as the shelters belonging to the animal protection
organizations and foundations shall be bound to communicate, on a
monthly basis, to the county and Bucharest sanitary veterinary and food
safety departments, the number of recorded dogs and the number of
microchip or of alternative identification device, established by the
National Sanitary Veterinary and Food Safety Authority. All data shall
be centralized at national level by the National Sanitary Veterinary and
Food Safety Authority."
14. After article 13, 6 new articles, articles 13 1 - 136 shall be
introduced, having the following content:
„Art. 131. – The public or private legal entities breeding or
sheltering temporarily dogs shall be directly held responsible, by their
legal representative, for the compliance with the sanitary – veterinary
legislation in force and the provisions of this emergency ordinance.
Art. 132. – It is mandatory to sterilize stray dogs or dogs with
owner belonging to the common species, their half-breeds, excepting
for the species under special regime, provided in the implementing
regulations of this emergency ordinance.
Art. 133. - (1) The temporary owners, holders of dogs, natural
persons and public or private legal entities, the public shelters and those
belonging to the animal protection associations and foundations that
give dogs for claiming and adoption, shall be bound to record them in
the Register of dogs with owner.
(2) The registered medical – veterinary units, carrying
out the microchip activity on dogs, shall be bound to notify the
microchip number to the Register of dogs with owner, within 5 days as
of the implant date.
(3) The microchip number shall be compulsorily
recorded by the veterinary doctors in the dog’s health record booklet and
in the dog’s passport, as the case may be, both documents having unique
series and numbers, in accordance with the norms established by the
National Sanitary Veterinary and Food Safety Authority.
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(4) The register of dogs with owner shall be managed
by the College of Veterinary Doctors.
(5) The identification of dogs with owner shall be
mandatory and shall be taken in charge by the legal guardian.
Art. 134. – The activity of rabies vaccination of dogs with
owner and of those that are to be given for adoption shall be carried
out only further to their identification.
Art. 135. – In the shelters of stray dogs management services,
after their examination by the veterinarian, the specimens being
clinically sane, non aggressive, with diseases easily treatable, without
difference of gender, age, size, as well as the specimens under special
regime shall be recovered.
Art. 136. – The dogs’ owners and holders shall be bound to
maintain hygiene in pubic areas, in their neighbouring areas, in the halls
and access routes of locative areas."
15. Article 14 shall be amended and have the following
content:
„Art. 14. - (1) The following deeds represent offences and they
shall be sanctioned as follows:
a) the failure to comply with the provisions
stipulated under art. 4 par. (4) and art. 133, by a fine ranging from Lei
2,000 up to Lei 5,000 lei;
b) the failure to comply with the provisions
stipulated under art.1, 3, art. 4 par. (1)-(3), art. 6 par. (1), art. 7 par. (5),
art. 8 par. (1) and (4), art. 131, 132, 134, 135 and 136, as well as with the
conditions provided in the statement of commitment, excepting for the
abandon, by a fine ranging from Lei 5,000 up to Lei 10,000;
c) the failure to comply with the provisions
stipulated under art. 2 par. (1) and (2), as well as under art. 10, by a fine
ranging from Lei 10,000 up to Lei 20,000;
d) prevent the attendance of the representatives from
animal protection associations and foundations at the actions provided
under art.11, by a fine ranging from Lei 10,000 lei up to Lei 20,000.
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(2) The following deeds represent infractions and they
shall be punished as follows:
a) the failure to comply with the provisions of art. 6
par. (2), as well as the cruelties against animals, provided under art. 6
par. (2) of Law no. 205/2004 on animal protection, as subsequently
amended and supplemented, by prison from 6 months up to 3 years or
by criminal penalty ranging from Lei 1,000 up to Lei 10,000 and the
dogs’ seizure;
b) the failure to comply with the provisions of art. 9,
by prison from one year up to 3 years;
c) the failure to comply with the provisions of art.
13, by prison from 2 up to 5 years.”
16. Article 15 shall be amended and have the following
content:
„Art. 15. – The contraventions finding and the sanctions application
shall be made, as the case may be, by authorized persons, according to their
job duties, within the National Sanitary Veterinary and Food Safety
Authority, Ministry of Internal Affairs as well as by the inspectors of the
services specialized in stray dogs management from the administrative –
territorial units, in accordance with the implementing regulations of this
emergency ordinance."
17. At appendix no. 1 letter A, point 3 shall be amended and
have the following content:
„3. The floors should be sloping, the discharge directed outside or
in the sewage, in order to prevent the water storage on the access areas.
The floors should be made of materials which may be easily cleaned and
disinfected.”
18. At appendix no. 1 letter A, point 9 shall be amended and
have the following content:
„9. There should be a control as for the appropriate heating,
ventilation and humidity, in order to provide the animals’ comfort.”
19. At appendix no. 2 letter A, point 5 shall be amended and
have the following content:
„5. The very aggressive dogs, located in inaccessible areas or
suspect to be troubled, may be immobilized by appropriate methods, in
compliance with the sanitary-veterinary legislation ."
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20. At appendix no. 3, points 1, 2 and 3 shall be amended and
have the following content:
„1. The dogs provided under art. 5 and art. 7 of this emergency
ordinance shall be euthanized.
2. The dogs’ euthanasia shall be carried out by a certified
veterinarian, organized under the law conditions.
3. The dogs’ euthanasia shall be carried out in compliance
with the guideline for animals’ euthanasia, approved by the College of
Veterinary Doctors.”
21. Appendix no. 4 shall be amended and have the
following content:
„APPENDIX no.4
CLAIM/ ADOPTION FORM
LOCAL COUNCIL.....................
Stray dogs’ management service
Address:
Telephone:
STATEMENT OF COMMITMENT
no. ....../.........
The undersigned.............., residing in ..........., street ........ no. .....,
building ..., floor ..., ap. ..., stairway ..., county / district ...........,
telephone ............, holder of Identity Card series ..... no. .............,
delivered by .......... on ........., commit to claim/ adopt the dog with the
identification number ..............., or with microchip number..,
registered in the health record booklet, sheltered by Stray Dogs Management
Service, becoming its owner, under the following conditions:
1. comply with the dog’s care and feeding norms;
2. present periodically the dog at the veterinary doctor, in
the event his intervention is required or in order for it to be
subject to a rabies vaccine;
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3. notify the Stray Dogs Management Service in the event of its
death, steal, loss or alienation, within 15 days;
4. do not abandon the dog, control, monitor it, and in the event I
do not want it any longer, to hand it over to the Stray Dogs Management
Service;
5. allow the representatives of the Stray Dogs Management Service
to monitor the adopted dog;
6. the dog will be bred and sheltered at the following address
...; any location change over 15 days will be notified by phone to the
service where the adoption was carried out.
I state at the same time that I hold a number of dogs/ I hold
no dogs.
Date ..............
Signature of
demander/adopter,
.
Signature of
representative of Stray
Dogs Management
Service,
......................"
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22. Appendix no. 5 shall be amended and have the
following content:
„APPENDIX no. 5
CLAIM / ADOPTION FORM
Header
Address:
Telephone:
STATEMENT OF COMMITMENT
no. ....../.........
The undersigned .........., with headquarters in ............, street
............. no. ......, district/ county ................, telephone ..................,
registered at ............... under no. ....., duly represented by ..............
as..........., identified by Identity Card series ........ no. ............., delivered
by ............... on ..........., commit to claim/ adopt the dog with the
identification number ..............., or with microchip number..,
registered in the health record booklet, sheltered by Stray Dogs Management
Service, under the following conditions:
1. comply with the dog’s care and feeding norms;
2. present periodically the dog at the veterinary doctor, in
the event his intervention is required or in order for it to be
subject to a rabies vaccine;
3. notify the Stray Dogs Management Service in the event of its
death, steal, loss or alienation;
4. do not abandon the dog, control, monitor it, and in the event I
do not want it any longer, to hand it over to the Stray Dogs Management
Service;
5. allow the representatives of the Stray Dogs Management Service
to monitor the adopted dog;
6. the dog will be bred and sheltered at the following address
...; any location change over 15 days will be notified by phone to the
service where the adoption was carried out.
I state at the same time that I hold a number of dogs/ I hold
no dogs.
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Date ….
Signature of
demander/adopter,
....................................
Signature of representative of
Stray Dogs Management Service,
"
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Art. II. – Upon the effective date of this law, any contrary
disposition shall be recalled.
Art. III. - (1) Within 60 days as of the effective date of this law, the
Government shall approve, by resolution, the implementing regulations
of the Government Emergency Ordinance no. 155/2001 on the approval
of the stray dogs management program, approved as amended and
supplemented by Law no. 227/2002, as subsequently amended, as well as
subsequently amended and supplemented by this law, upon the proposal
of the National Sanitary Veterinary and Food Safety Authority.
(2) The National Sanitary Veterinary and Food Safety
Authority shall issue norms on the identification and registration of the
dogs with owner, within 45 days as of the effective date of this law.
Art. IV. - The Government Emergency Ordinance no. 155/2001 on
the approval of the stray dogs management program, published in the
Official Journal of Romania, Part I, no. 794 dated 13 December 2001,
approved as amended and supplemented by Law no. 227/2002, as
subsequently amended, as well as subsequently amended and
supplemented by this law, will be republished in the Official Journal of
Romania, Part I, the texts being provided with a new numbering.
Art. V. - Within 15 days as of the effective date of this law, the
National Sanitary Veterinary and Food Safety Authority will issue the
implementing regulations of the Government Emergency Ordinance no.
155/2001 on the approval of the stray dogs management program,
approved as amended and supplemented by Law no. 227/2002, as
subsequently amended, as well as subsequently amended and
supplemented by this law.
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This law has been adopted by the Romanian Parliament, under the
conditions of art. 147par. (2), in compliance with the provisions of art.
75 and of art. 76 par. (1) of Romanian Constitution, as republished.
CHAIRMAN OF
CHAMBER OF DEPUTIES
CHAIRMAN OF
SENATE
Valeriu Ştefan Zgonea
George Crin Laurenţiu Antonescu
Bucharest,
No.