NATIONAL SANITARY VETERINARY AND FOOD SAFETY AUTHORITY
ROMANIAN GOVERNMENT
DECISION
on the approval of methodological norms for the application of Government emergency
ordinance no. 155/2001 regarding the approval of stray dog management programme, approved
with amendments by Law no. 227/2002, with subsequent amendments.
In conformity with the article 108 of the Constitution of Romania, republished with the art.
III of the Law no. 258/2013 for the amendment and completion of the Government emergency
ordinance no. 155/2001 regarding the approval of stray dog management programme,
The ROMANIAN GOVERNMENT adopts the present decision.
Art 1. To approve rules for the application of Government Emergency Ordinance no. 155/2001
approving the program management of stray dogs , approved with amendments and completions by
Law no. 227/2002 , with subsequent amendments set out in the annex which is an integral part of this
judgment .
Art 2. The following deeds and penalized as follows :
a) non-compliance with art . 5 par. (8 ) , art. 6 par. ( 5 ) , art. 13 , art. 39 par. ( 7) and (8 ) , art.
43 , art. 50 par. (1) , art. 52 par. ( 1) of the Rules , a fine of £ 2,000 to £ 5,000 ;
b ) non-compliance with art . Article 3 . (1) , art. 5 para. (7) , art. 6 para. ( 1) and (3), Article
9 , Article 11 , art. 17 and art . 27 para. ( 1) of the Rules , a fine of £ 5,000 to £ 10,000 ;
c ) non-compliance with art . 33 and art . 34 of the Rules , a fine of £ 10,000 to £ 20,000 .
Art 3. The contraventions and penalties shall be performed by authorized persons according to their
duties, within the National Sanitary Veterinary and Food Safety Directorates of sanitary - veterinary
and food safety county or Bucharest Municipality and the Ministry of Interior.
Art 4. - The offenses referred to in art . 2 are applicable provisions of the Government Ordinance no .
2/2001 on the legal regime of contraventions, approved with amendments by Law no. 180/2002 , as
amended and supplemented.
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NATIONAL SANITARY VETERINARY AND FOOD SAFETY AUTHORITY
PRIME-MINISTER
VICTOR - VIOREL PONTA
Annex
The methodological norms for the application of The Government Emergency
Ordinance no. 155/2001 regarding the approval of the Programme on the Management of Stray
dogs
CHAPTER I
General dispositions
Art. 1. – (1) The present methodological norms establish the necessary measures for the
application of the provisions of the Government Emergency Ordinance no. 155/2001 regarding the
approval of the programme on the Management of Stray dogs, approved with further amendments
and completions, hereinafter the Emergency Ordinance.
(2) The purpose of the present norms is to reduce the number of stray dogs, to improve the
health and welfare of dogs from shelters, to stop the uncontrolled breeding of common dogs, to
prevent the abandon and loss of dogs, to facilitate the recovery of lost dogs, to promote the
responsible dog ownership, to reduce the occurrence of rabies and other zoonosis, to reduce the risks
on people’s health, to prevent the aggressiveness on people and animals, as well as to reduce the
animal illegal trade and traffic.
Art. 2. – For the purposes of these methodological norms, the following terms and
expressions have the following meanings:
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a)
public shelter – shelter for stray dogs, which belongs to the administrative–
territorial establishments and serves these establishments, being managed by the operators of
the specialized services for the management of stray dogs;
b)
private shelter– shelter for stray dogs, which belongs to a legal person,
association or foundation, which develops activities in the field of animal protection,
c)
adoption – the procedure of taking stray dogs under ownership from the
public shelters by physical or legal persons;
d)
adoption at distance – the procedure by which the physical or legal persons
assume the responsability of maintaining stray dogs in public and private shelters on their
own expenditure;
e)
capture – the operation of capturing the dogs is carried out by the operators
of the specialized services for the management of stray dogs.
f)
aggressive dog – any dog as it is provided by the provisions of the
Government emergency ordinance no. 55/2002 regarding the ownership of dangerous or
aggressive dogs, approved with further amendments and completions by Law no. 60/2004;
g)
dangerous dog – any stray dog that belongs to the breeds considered
dangerous, in conformity with the provisions of the Government Emergency Ordinance no.
55/2002,
h)
assistance dog – any dog used by police units, gendarmerie, by other
military units, by customs, by security services, protection and guard services or persons with
disabilities, dogs used in case of disasters or by other non-governmental organizations for
educational, therapeutically, searching, saving or utilitarian purposes.
i)
common breed dog – any dog that doesn’t belong to an homologated breed;
j)
medical exam- the procedure carried out by one free practice veterinarian
organized under law conditions by which, the establishment of health status is determined,
k)
the management of stray dogs – set of operations and procedures which have
as purpose the control of stray dog population;
l)
association or foundation for animal protection - non-governmental
organization, established in conformity with the provisions of the Government Ordinance no.
26/2000 regarding the associations and foundations, approved with further amendments and
completions by Law no. 246/2005, with further amendments and completions, which develop
activities and actions on animal protection and whose status sets goals and activities for the
protection and welfare of animals;
m)
specialized service for the management of stray dogs – public service,
funded at the level of administrative-territorial establishments by the local council,
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respectively by the General Council of Bucharest municipality, in order to manage stray dogs
across the respective administrative territorial establishment;
n)
operator of the services specialized in the management of stray dogs– legal
person, public or private , that has the power and the ability to provide services in the field of
animal protection and who has been delegated , assigned or leased , under the law , to carry
out management of stray dogs;
o)
the mean of identification – any device looking like microchip, eartag, tattoo,
engraved medallion, which contains information necessary for the identification of the dog’s
owner, respectively of the public service which took care of the dog;
p)
identification – the operation by which the dog is given a mean of
identification as well as the operation of reading the mean of identification and of
establishing identity data on the dog’s owner or his original place;
q)
registration - the operation by which, data mentioned on the mean of animal
identification, as well as other data are introduced in the dog records;
r)
microchip – approved electronic mean of identification which is introduced
under the animal skin in the right scapula and contains a unique encrypted number of a bar
code that can be read by an electronic device;
s)
sterilization- operation by which the suppression of reproductive function of
dogs is accomplished;
t)
neighbors – owners of locative premises which have at least one common
wall with the living space in which the dogs directly adopted from public shelters are to be
accommodated,
u)
animal waste rendering and neutralization plant – establishments described
at the article 2, par. (1) letter h) of the Government Ordinance no. 47/2005 regarding the
provisions on the neutralization of animal wastes, approved with further amendments by Law
no. 73/2006, with further amendments and completions.
CHAPTER II
Public structures for the management of stray dogs
Art. 3. (1) The specialized services for the management of stray dogs funded in
conformity with the art . 1, paragraph (1) of O.U.G. No . 155/2001 , with further amendments and
completions, carry out the activity on stray dog management exclusively in the range of
administrative- territorial units at the level of which they were funded.
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(2) The services provided at the indent (1) necessarily bear the name of Stray Dog
Management Service, followed by the name of the administrative-territorial establishment at the level
of which they were funded.
(3) Services at par. (1) can be organized in public services subordinated to the local
council.
Art. 4. -
The veterinary personnel employed in the specialized services for the
management of stray dogs in conformity with the provisions of the article 2 indent (2) of the
Government emergency Ordinance no. 155/2001, with further amendments and completions, has the
following competences:
a) the surveillance of captured and sheltered animals;
b) the collection of the documents drawn up by the staff involved in the capture,
handling and transport of animals;
c)
the registration of stray dog in the Register of stray dogs, based on the individual
capture form, which model is provided in the annex no. 1 to the present methodological norms.
CHAPTER III
The public shelters and shelters for stray dogs belonging to the animal protection
associations
Art. 5. - (1) The stray dog public shelters equipped in conformity with the provisions of the
article 2 indent (1) of the Government emergency ordinance no. 155/2001, with further amendments
and completions, belong to the administrative- units which equip them and they shall be administered
by the public utility services of the management of the stray dogs or the service concession operator
and shall comply with the provisions of the sanitary veterinary legislation.
(2) It is forbidden to accommodate stray dogs in public shelters which are not in conformity
with the minimum functioning conditions provided at the annex no.1 to the Government emergency
ordinance no. 155/2001, with further amendments and completions.
(3) The operators of the specialized services for the management of stray dogs are obliged to
provide personnel who should be permanently responsible for stray dog public shelters in order to
supervise dogs 24 hours a day, to supplementary adapt dogs, to feed puppies twice and three times a
day in conformity with the provisions of the annex no. 1 to the Government emergency ordinance no.
155/2001, with further amendments and completions.
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(4) Stray dog public shelters shall be located within the range of administrative-territorial
establishments which equip them, or by exception:
a) on the range of administrative units in their vicinity,
b) in the case of public shelters laid out by the General Council of Bucharest, at a distance of
35 km outside Bucharest.
(5) In the public shelters, there can be accommodated only stray dogs captured within the
range of administrative territorial establishments which equipped them, as well stray dogs of
neighboring territorial administrative units, under the conditions set in par. (4); and the operators of
the specialized services for the management of stray dogs have the obligation to transport and shelter
captured dogs only in shelters which they administer.
(6) The accommodation of stray dogs in neighboring administrative units, under par. (4) is
based on the cooperation agreements concluded under art. 3 par. (1) and the National Sanitary
Veterinary and Food Safety will be notified.
(7) The sick or injured animals must be isolated in adequate cages, in which, they should be
adequately cared for, during the entire accommodation period, all the shelters shall have a sufficient
number of isolation cages intended for sick or injured dogs. There shall not be accommodated more
sick dogs in the same cage.
Art. 6. - (1) Public access in the public shelters is done based on a schedule set by service
management of stray dogs daily, Monday through Friday, between the hours 10.00 to 18.00.
The specialized services for the management of stray dogs, respectively, the operators of the
specialized services for the management of stray dogs have the obligation to allow the public access
in the public shelters, daily, from Monday to Friday between 10,00 - 18,00,
(2) On Saturdays and Sundays and during the legal holidays, for adoption, the public access
can be made during the interval 10.00 to 12.00.
(3) Claiming stray dogs can be carried out during the entire period of public access in public
shelters, provided at indent (1) and (2).
(4) The visitors’ access in public shelters for stray dogs is carried out complying with the
Regulation on Internal Organization.
(5) The visitors have the right to photograph and film the dogs from public shelters.
Art. 7. – (1) The private shelters for stray dogs belonging to animal protection
organizations and foundations must provide stray animals the minimum conditions mentioned in the
annex no. 1. letter A – D to the Government emergency ordinance no. 155/2001, with further
amendments and completions.
(2) The shelters provided at the indent (1) must have a visitation programme of at least 4
hours every day.
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CHAPTER IV
The concession of the specialized services for the management of stray dogs
Art. 8. - The concession of the specialized services for the management of stray dogs is
carried out by the local councils, respectively by the General Council of Bucharest municipality,
complying with the provisions of the Government emergency ordinance no. 34/2006 on the
attribution of the public acquisition contracts, public work concession contracts and service
concession contracts, approved with further amendments and completions by Law no. 337/2006, with
further amendments and completions.
Art. 9. – The local councils and the General Council of Bucharest municipality or the
operators of the specialized services for the management of stray dogs have the obligation, within
maximum 60 days from entering into force of present methodological norms, to contract veterinary
services for the specific activities provided in the present norms, according to the legal provisions.
CHAPTER V
The capture, transport and housing of stray dogs
Art. 10. (1) The specialized services for the management of stray dogs and operators of
the specialized services for the management of stray dogs are required to capture the dogs in the
following order:
a) dogs running freely , unaccompanied, surrounding schools, kindergartens, children's
playgrounds, parks, public markets;
b) dogs running free, unaccompanied in other public places than those stipulated under
letter. a);
c) dogs running freely, unaccompanied in peripheral areas of towns
Art. 11. – (1) The specialized services for the management of stray dogs, respectively the
operators of these services have the obligation, in not more than 60 days from publishing these
norms, to make an assessment of the number of stray dogs, located in the range of the administrative
territorial establishment where they operate, and draw up an action plan regarding their management.
(2) The action plan provided at the indent (1) must include at least the following:
a) territory presentation (the surface and the number of inhabitants)
b) the assessment of the number of sterilized and non-sterilized stray dogs within the
territory,
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c) the presentation of necessary material resources (the number of means of transport
and their capacity, the total accommodation capacity, the accommodation capacity destined for dogs
adopted at distance).
d) the presentation of the necessary staff resources (the staff for transport, staff for
capturing dogs and the staff for care)
e) the presentation of the actions which shall be undertaken
f) the action planning (the annual flowchart of the actions, divided on months)
g) detailed maps of the territory with the distribution of stray dog population
h) precise terms for the application of the measures,
i) deadlines for the re-assessment of the number of stray dogs within the territory,
which must be carried out biannual.
Art. 12. - (1) The capture, handling, loading of stray dogs in vehicles and their transport
shall be carried out in compliance with the provisions of the annex no. 2 to the Government
emergency ordinance no. 155/2001 with further amendments and completions, with the provisions of
the article 14 indent (1) of the Law no. 205/2004 on animal protection with further amendments and
completions, the provisions of the article 3 of CE Regulation no. 1/2005 of the Council from the
22nd of December 2004 regarding animal protection during transport and related operations and
amending the Directives 64/432/ and 93/119/ and the Regulation no. 1255/97, the provisions of the
annex no. I chapter I point. 1, point. 2 letter. (a), point. 5 and chapter III art. 1 point. 1.8 letter a), b),
c), d) to the Regulation no. 1/2005, as well as of the art. 6 indent (10) from the methodological
Norms for the application of Law no. 205/2004 approved by the Order of the President of The
National Sanitary Veterinary and Food Safety Authority and of the Minister of Internal Affairs and
Administrative Reform no. 31/523/2008.
(2) The means of transportation for stray dogs must be visibly marked with the name of the
service for the management of stray dogs, with the phone number, the code of the mean of transport
and equipped with individual cages adequately fixed in order to prevent their dislocation during the
travel and adequately ventilated.
(3) The persons who capture stray dogs are obliged to comply with the specific labor
protection norms and to be adequately trained.
(4) The immobilization of stray dogs by the remote administration of certain narcotic and
psychotropic substances using utility weapons should be carried out under the strict supervision of
the free practice veterinarian, organized under law conditions.
(5) It is forbidden to move stray dogs from the area in which they are to another area.
(6) The use of narcotic and psychotropic substances at the immobilization of stray dogs shall
be carried out only by complying with the legal specific provisions in force.
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Art. 13. (1) For the purpose of article 13 from the Government emergency Ordinance
no.155/2001, with further amendments and completions, inducing sufferance to dogs means:
a)
strike, stick, wound, mutilate in any way the dogs.
b)
handling them in a way which provokes them pain or useless sufferance.
c)
shoot with a tranquilizing gun or with the sarbacane the dogs located in
backyards or which are chain immobilized.
d)
capture dogs which are not very aggressive, which are not suspected of being
rabid or which are not located in inaccessible premises, by administering at distance narcotic
and psychotropic substances.
e)
transport dogs without individual transport cages.
f)
transport dogs in means of transport which are not adequately ventilated.
g)
not to comply with the obligation of feeding 3 times a day puppies aged
between 6-12 weeks;
h)
not to comply with the obligation of feeding twice a day, puppies aged
between 12 weeks -12 months.
i)
deprive sick or injured dogs from medical treatment.
j)
accommodate female dogs with puppies in boxes with other mature dogs.
k)
accommodate dogs without separating them, in conformity with their size
and aggressiveness criteria provided in annex no. 1 of the Government emergency ordinance
no. 155/2001, adopted and modified by OUG 227/2002, with further amendments and
completions.
l)
accommodate dogs in premises and cages in which the floors are covered by
m)
throw disinfecting substances on dogs or wet them during the process of
water.
cleaning the boxes.
(2) At the shelter stray dogs is prohibited:
a) failure to comply with the obligation to feed 3 times daily puppies aged 6-12 weeks;
b) failure to comply with the obligation to feed 2 times daily puppies aged 12 weeks -12
months;
c) sick or injured dogs deprivation of medical treatment;
d) accommodation females with puppies with other mature dogs;
e) dogs separation according to the criteria of size and aggression referred to in Annex. 1 of
the Emergency Government Ordinance no. 155/2001, as amended and supplemented and amended;
f) housing dogs in pens and cages in which the floors are covered with water;
g) throw disinfectants at dogs during cleaning.
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Art 14. When capturing stray dogs, immediately after, the specialized staff fills in the
individual capture form containing minimum information on captured stray dogs, in conformity with
the model provided in the Annex no. 1.
Art. 15. - (1) When entering the public shelter, the veterinary stuff take over the individual
files form the crews who carried out the capture and the transport of stray dogs, check if they are
identified by a mean of identification approved in conformity with the law and register minimum
information on stray dogs entered the shelter, provided in annex 2, in the Stray dog Record.
(2) In common cages, there shall be accommodated stray dogs captured from the same region
and they shall be introduced in the public shelter on the same day.
(3) All the cages from the shelter shall be individualized and marked with a unique number
per shelter; the unique number shall be inscribed visibly on a board made of resistant material fixed
on the cage wall.
(4) When entering the shelter, each dog shall receive an unique identification number,
represented by the serial number from the input record of the shelter, if it is made of paper,
respectively the number generated by the system in case of electronic record. This unique
identification number is granted also in the case in which the dog was previously identified by any
device like microchip, eartag, tattoo, inscribed medallion. This granted unique identification number
shall be mentioned in the forms provided at annexes no. 1 and 2.
(5) On each cage there shall be attached a table elaborated in conformity with the model
from the Annex no.3.
(6) After registration, stray dogs are medically examined.
(7) After dogs’ examination by the official veterinarian, the recovery of clinically healthy
dogs, dogs with easily treatable diseases, non-aggressive dogs, without taking into account the
differences of sex, age, waist, as well as of dogs having a special regime, which shall be isolated from
the rest of the animals and housed separately in order to avoid contamination or their aggression by
contact with other dogs.
(8) The operators of the specialized services for the management of stray dogs are obliged to
provide all animals accommodated in public shelters, food and water in sufficient quantity, the
possibility of moving sufficiently, medical treatment, care and attention, in conformity with the
provisions of the article 5 of the Law no. 205/2004, with further amendments and completions, and
with the provisions of the annex no. 1 to the Government emergency ordinance 155/2001, with
further amendments and completions.
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CHAPTER VI
Notifying the population in order to claim and adopt stray dogs.
The notification of owners
Art. 16. – The specialized services for the management of stray dogs, respectively the
operators of the specialized services for the management of stray dogs have the obligation to promote
their adoption and claim and to inform periodically the population regarding the operation
programme of stray dog public shelters in order to ensure transparency.
Art. 17. – In order to comply with the obligation mentioned at the article art. 17, the
specialized services for the management of stray dogs, respectively the operators of the specialized
services for the management of stray dogs develop the following activities:
a)
the setting up of special message boards at their headquarters, at the entrance to stray
dog public shelters and in the premises for the reception of the visitors from respective public
shelters; the message boards must be updated and must include at least the following information:
1.
the date and place of capturing each dog consignment, as well as the number of cages
in which those dogs are accommodated;
2.
the address of the headquarter of the specialized service for the management of stray
dogs, the address of public shelters, e-mail addresses as well as their phone numbers.
3.
the visitation programme of the public shelters and the programme to claim stray
b)
the creation of websites, for the public access to the information provided at letter a)
c)
The periodic organization of stray dog adoption fairs.
dogs.
Art. 18. – The specialized services for the management of stray dogs, respectively the
operators of the specialized services for the management of stray dogs may conclude partnerships
with animal protection organizations interested in promoting dogs’ adoptions and sterilization.
Art. 19. - (1) In case the stray dog which entered the public shelter, is identified by a
mean of identification approved according to the law, the specialized services for the management of
stray dogs, respectively the operators of the specialized services for the management of stray dogs
have the following obligations:
a)
to establish the owner’s identity, based on dog’s identification data from the Dog
ownership Record.
b)
to inform the dog’s owner in maximum 24 hours by phone, e-mail or other means
based on data registered in the Dog Ownership Record.
(2) The owners who claim the missing dog or are notified by the operators of the specialized
services for the management of stray dogs that, the animal is under their custody, have the obligation
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to come to public shelters, to claim and take the dogs which they own, in 7 days from the date of the
announcement.
Art. 20. - (1) When recovering reclaimed stray dogs, the owners will pay the countervalue of the amounts spent during their staying in the shelter, in the quantum established by the local
council decision, respectively by Decision of the General Council of the Bucharest municipality.
(2) The payment of the amounts shall be carried out at the deadline established by the local
council decision, respectively by decision of the General Council of the Bucharest municipality.
CHAPTER VII
The claim and adoption
Art. 21. - (1) The dogs from public shelters are claimed, based on the commitment statement,
which model is provided in annexes no. 4 and 5 to the Government emergency ordinance 155/2001,
with further amendments and completions.
(2) The specialized services for the management of stray dogs, respectively the operators of
the specialized services for the management of stray dogs have the obligation to return the claimed
dogs immediately after having submitted the claim request, according to the public program.
(3) Stray dogs can be claimed during the entire period of their staying the public shelters.
(4) During the first seven working days while the stray dog is staying in public shelter, the
owner who claims has priority over the person who intends to adopt the same dog, in case the claim
request and the adoption request are introduced on the same day.
(5) After having expired the first seven working days of dog’s staying in the shelter, in case
the non-claimed dog has already been adopted, the owner has the right to recover the dog from the
adopter if he can prove that he was unable to introduce the claim request during the first 7 working
days.
Art. 22. - (1) The dogs’ adoption is carried out free of charge, based on the commitment
statement which model is provided in annexes. 4 and 5 to the Government emergency ordinance
155/2001, with further amendments and completions.
(2) Physical or legal persons having the headquarter or residence abroad who, claim the
adoption of certain dogs from public shelters, have the obligation to comply with the provisions of
point 3 and 5 from the commitment statement, only in the situation in which they accommodate the
adopted dogs on the territory of Romania.
(3) The adoption requests can be introduced immediately after the dog has been
accommodated in the public shelter, and the dog’s taking over by the adopter can be done beginning
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with the 8-th working day from the moment of accommodating the dog in the shelter, if it has not
been claimed yet.
Art.23. (1)In case the directly adopted dog shall be kept in a free space, the adopting person
needs to make the proof of a property or the possession of a land surface that enables the arranging of
some paddocks or of some cages complying with the provisions of art.6 par(4) and par.(6) of the
methodological norms for the application of the law no.205/2004 approved by Order of the President
of The National Sanitary Veterinary and Food Safety Authority and of The Ministry of Interior and
Administrative Reform no.31/523/2008.
(2) In case the adopted dog shall be sheltered in the adopting person’s home, he shall make
proof of the availability of a living surface of minimum 2,5 square meters for each adopted dog.
(3) The proof of complying with the requirements provided under par. 1) and 2) as well as
the proof of availability of necessary material resources for the breeding and maintenance of adopted
dogs shall be performed by the filling by the adopting person in an own responsibility statement,
which model is provided in the Annex no.4 to these methodological norms.
(4) The associations of animals’ protection that have shelters are exempted from the
compliance with the adoption requirements provided under par.1) and 2).
Art. 24. - (1) The adopting person who takes more than two dogs from the public shelters
and accommodate them in a block of flats, where there is an owners’ association, this person must
give in the moment of submitting the adoption request, the neighbor agreement too, stamped and
signed by the owners’ association.
(2) In case in which, the adopting person who adopts more than 2 dogs from the public
shelters and keeps them in a building, other than block of flats provided at art 25 indent (1), which is
inhabited by more persons, he shall present the neighbor agreement in the moment of submitting the
adoption request.
(3) The Associations of animal protection that own shelters, as well as physical and legal
persons with headquarters or the residence abroad that intend to shelter adopted animals outside the
country, are exempted from the obligation to provide a neighbor agreement.
CHAPTER VIII
Distance adoption of stray dogs
Prolonging the period of staying in shelters of dogs which are unclaimed, not directly
adopted and not adopted at distance
Art. 25- (1) Starting with the 8’th day of stray dogs staying in public shelters, they can be
adopted at distance by legal and physical persons from the country and from abroad.
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(2) The distance adoption shall be carried out by filling in a form, the model of which is
provided under Annex no.5 to these methodological norms.
(3) The form provided at indent (2) can be filled in and signed in electronic format, the
presence of adopters not being necessary.
(4) Dogs which are adopted at distance shall be identified and recorded in the Dog
Ownership record, shall be deworm, vaccinated, sterilized and relocated to other specially destined
cages.
(5) Following the filling in the distance adoption form and the identification of adopted dogs
by this procedure, the specialized services for the management of stray dogs, respectively the
operators of specialized services for the management of stray dogs are obliged to prolong the term of
sheltering adopted dogs throughout the term of adopter’s complying with the material obligations
assumed by the distance adoption statement.
(6) The operators of the specialized services are obliged to announce within 2 working days
the distance adopter of any situation which intervenes in the health status of the adopted dog.
Art. 26 –(1) The persons who adopt stray dogs at distance, shall bear all necessary expenses
for the maintenance of dogs in shelters. The payment of the maintenance expenses excepting the
medical treatments is carried out in advance for a period of at least 30 days.
(2) The expenses for the maintenance in public shelters of stray dogs adopted at distance
shall be established by a decision of local council, respectively by the decision of The General
Council of Bucharest municipality.
(3) When establishing the amount provided at indent 2), there shall be taken into account by
expense estimate the following cost elements: dry food, veterinary medicines, staff costs, utilities,
materials.
(4) The National Sanitary Veterinary and Food Safety Authority shall publish and update on
the official site of the institution, within 30 days, to inform, the list of estimate costs for dry food,
veterinary medicines and certain materials, in conformity with the market prices.
(5) The costs of the possible medical treatments are notified to the distance adopters by the
operators of the specialized services, before these should be carried out, the decision to treat the dog
and implicitly to bear the costs connected to the medical treatments belongs to the adopter – which
has to express his approval in 24 hours since his been informed, - and the possible expenses are to be
paid in 5 days from the finalization of the treatment.
(6) The specialized services for the management of stray dogs, respectively the operators of
specialized services for the management of stray dogs have the obligation to use the donations carried
out by the persons that adopt at distance exclusively for the maintenance and if necessary, for the
treatment of the dogs adopted by means of this procedure.
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(7) The adoption at distance ends if the adopter does not comply with the obligations
assumed by the distance adoption statement for a period of 14 consecutive working days or if the
adopter does not inform the decision to treat the dog and implicitly to support the costs of its medical
treatment in the term stipulated at paragraph (5)
(8) The number of dogs adopted at distance by a person is not limited.
Art. 27. –(1) The specialized services for the management of stray dogs, respectively the
operators of the specialized services for the management of stray dogs are obliged to take the legal
proceedings for the adoption applications at distance within the limit of sheltering capacity.
(2) Until taking all dogs from the administrative territorial establishment, the number of
distance adopted dogs can’t be more than a third part of the available places from the shelters.
(3) During the period of staying in public shelters, the stray dogs which were adopted at
distance may be taken over at any time by the adopting persons or may be adopted under the
requirements of art 22 and with the adopter’s approval.
Art. 28– (1)The specialized services for the management of stray dogs, respectively the
operators of specialized services for the management of stray dogs may prolong the sheltering
beyond the period of 14 working days for the dogs which were not claimed, adopted or adopted at
distance, if there are enough premises for their accommodation and financial resources for their
maintenance.
(2) The prolongation of the deadline for the animal accommodation is carried out by a
decision taken by the mayor’s empowered person, for each dog.
CHAPTER IX
Participation of associations and foundations for the protection of animals in the
activities of services for the management of stray dogs
Art. 29. – (1) Associations and foundation’s for the protection of animals participate in the
actions of capturing, sheltering, deworm, vaccination, sterilizing and claiming or adopting of stray
dogs which are carried out by the specialized services for the management of stray dogs, respectively
the operators of specialized services for the management of stray dogs, based on a written
application.
(2) The specialized services for the management of stray dogs, the operators of specialized
services for the management of stray dogs as well as the administrators of private shelters which have
a partnership with local councils, respectively with the General Council of Bucharest municipality
register the requests and grant in written the permission to attend to the actions provided at indent (1)
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(3) The representatives of the associations and foundations for animal protection which
participate in medical examination must have specialized studies.
(4) The information on the actions to capture, accommodate, deworm, vaccinate sterilize and
claim or adopt stray dogs are communicated to associations and fundations for the protection of
registered animals, that have received in written the approval to assist at the actions stipulated at
indent (1), by electronic devices and must be published on web sites of the specialized services for
the management of stray dogs.
(5) The activities provided under par. 1) develop in the absence of representatives of
associations and foundations for animal protection in the following situations:
a) there is no request formulated by the associations and foundations for animal protection,
according to the provisions of indents (2) and (3).
b) the representatives of interested associations and foundations for animal protection
failed to be present at the place and within the time when the respective actions were scheduled.
(6) The representatives of associations and foundations for animal protection that participate
in the activities provided under par. (1) are obliged not to disturb the development of the respective
activities.
(7) In case there are requests on installing a video monitoring system displaying on-line, and
streaming-live from dog accommodation premises of public shelters, issued by certain physical or
legal persons, who ensure on their own expense from a material point of view the acquisition,
installing and their functioning, the operators of the specialized services for the management of stray
dogs can allow this.
CHAPTER X
MEDICAL EXAMINATION OF INCURABLY SICK ANIMALS
Art. 30 -1) Stray dogs with clinical signs of disease are recorded and examined with priority
upon the arrival in shelters. The assessment of health status of stray dogs kept in shelters shall be
carried out periodically, whenever necessary.
(2) Free practice veterinarians, organized under the law shall carry out the general health
status of dogs kept in shelters
(3) The documents that prove the carrying out of medical exams as well as the results of the
respective exams are archived together with the observation file of stray dogs and are kept for a
period of minimum 3 years.
(4) Incurably sick dogs shall be euthanized within a 48 hours’ time since the settlement of
diagnoses, if they fail to be adopted within this time.
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Art. 31- The representatives of associations and foundations for the protection of target
animals may participate at the medical examination of dogs, relying on an application addressed to
the specialized services for the management of stray dogs, respectively the operators of specialized
services for the management of stray dogs as well as the administrators of private shelters which have
a partnership with the local councils, respectively with the General Council of Bucharest
municipality.
.
CHAPTER XI
Euthanasia of stray dogs and neutralizing of corpses
Art. 32.-Dogs which were diagnosed with incurable diseases following the medical exam
may be euthanized under the requirements provided under annex no. 3 to the emergency ordinance of
Government no.155/2001, with subsequent modifications and completions.
Art. 33- In case it is found an animal diagnosed with an incurable disease, it can be
euthanized only with the permission of the owner.
Art. 34- It is banned the euthanizing of stray dogs which do not suffer from incurable
diseases before the expiry of 14 working days since the date of introducing of stray dogs in shelters.
Art. 35 (1) The decision of euthanization of stray dogs which were not claimed, adopted or
adopted at distance or maintained in shelters after the expiry of 14 working days since their sheltering
-shall be issued by filling in by the person empowered by the mayor of a special standard form which
is provided under Annex no. 6 to these methodological norms.
(2) The person empowered by the mayor shall only issue decisions of euthanization of the
stray dogs of public shelters administered by specialized services for the management of stray dogs,
respectively by operators of specialized services for the management of stray dogs.
Art. 36 (1) The euthanization of dogs shall only be carried out by the free practice
veterinarians that contracted veterinary services for the specific activities provided by the present
norms, according to the legal provisions, under the provisions of the law, with the compliance of the
provisions of Annex no. 1 letter B, point 6 to The emergency Ordinance of Government no.
155/2001, with further modifications and completions.
(2) The Veterinarians’ College shall draw up a list of free practice veterinarians, organized
under the law with the veterinarians that can assist at the procedures of euthanasia. The lists shall be
drawn up for each county and for Bucharest municipality as well and shall be posted up on the
website of The Veterinarians’ College.
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(3) The associations and foundations for animals’ protection can be represented at the
euthanization operations by the veterinarians mentioned under par. (2).
Art. 37. The euthanization of dogs shall be carried out according to the guidelines for the
euthanasia of animals approved by the College of Veterinarians, in conformity with the
recommendations of World Organization for Animal Health, with the observance of the provisions of
Law no. 60/2004 regarding the ratification of The European Convention for the protection of pet
animals.
Art. 38. (1)The corpses of euthanized dogs that were dead in shelters from other causes or
collected from the streets shall be transported and disposed of in compliance with the strict provisions
of EC Reg. No.1069/2009 of EU Parliament and Council of October, 21 2009 setting up sanitary
norms regarding animal byproducts and derived products that are not intended for human
consumption and repealing EC Reg. No. 1774/2002 and of The NSVFSA President Order no.
80/2005 for the approval of sanitary veterinary and food safety norm regarding the establishing of
necessary documents and veterinary records within the activity of neutralizing of animal waste with
subsequent modifications and completions.
(2) Each shelter of dogs shall have to settle a contract with a sanitary-veterinary
rendering/neutralizing establishment of corpses or shall have their own incinerating equipment that
must be authorized according to the provisions of EC Reg. No. 1069/2009.
CHAPTER XII
STERILIZING AND VACCINATION OF DOGS. MAINTENANCE OF HYGIENE
BY KEEPERS
Art. 39. (1) Natural and legal persons, associations and foundations for the protection of
animals that own dogs of common breed or of mixed breed on the territory of the country are obliged
to have them sterilized by January, 1. 2015.
(2) The owners of common breed or crossbred dogs farrowed after January 1, 2015 are
required to sterilize puppies so:
- Females at the age of 4-6 months;
- Males at the age of 6-8 months.
(3) Stray dogs that do not belong to the common breed shall not be sterilized if they are
claimed.
(4) Specialized services for the management of stray dogs, respectively the operators of
specialized services for the management of stray dogs are bound to sterilize the dogs of common
breed or of mixed breed that are claimed, adopted or maintained in shelters, as well as the gestant
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females.
(5) The sterilization of gestant females, of claimed females, which are adopted or kept in
shelters shall be carried out with priority.
(6) The sterilizing of stray dogs of common breed or of mixed breed which are claimed,
adopted or kept in public shelters shall be compulsorily performed. Sterilization shall be carried out
by orchiectomy for males and ovariohysterectomy for females.
(7) By derogation from the provisions of art. (5), sterilization shall be also carried out
chemically, by products recognized by The European Union.
(8) Keepers of unsterilized females are obliged to declare gestations, births as well as the
number of born puppies to any free practice veterinarian organized under the law or to empowered
free practice veterinarians, according to the provisions of art. 15, par. (2) of Government Ordinance
no. 42/2004 regarding the sanitary veterinary
and food safety activities, with subsequent
modifications and completions.
(9) The declaring of gestations shall be carried out as soon as they were notified by owners
and the declaring of births and the number of born puppies shall be carried out in maximum 10 days
since their birth.
(10) Free practice veterinarians organized under the law or upon the case, empowered free
practice veterinarians according to the provisions of art. 15, par. (2) of Government Ordinance no.
42/2004, with subsequent modifications and completions that receive the declarations provided under
par. (7) shall register the data and introduce them in The Registry of record of dogs with master.
Art. 40. The carrying out of sterilizing operations shall be recorded in health certificates of
dogs and in the Registry of stray dogs by free practice veterinarians, under the provisions of the law.
Art. 41. (1) Local councils can totally or partially support the costs for the sterilization of
dogs with master that belong to the common breed within the ray of territorial-administrative unit, by
concession of sterilization operations to one or several free practice veterinarians under the law,
under the conditions provided at art. 8.
(2) The owners of common breed dogs that wish to benefit from the subventions of
sterilization of dogs they own shall submit an application to local councils for this purpose.
(3) Local councils shall send to persons that made up the application according to art. 2) the
address of cabinets of free practice veterinarians to whom the concession of sterilizations was carried
out, together with an order leaflet with the name and address of dog owner that shall be stamped and
signed by the veterinarian, after the carrying out of sterilization operation.
Art. 42.(1) There shall be banned sterilization of common breed dogs or of half breed dogs
whose health status do not allow the carrying out of the respective medical operations as well as of
utility dogs.
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(2) The medical reasons of sterilization exemption of dogs have to be mentioned in the health
certificate of dogs and in the Registry of record of dogs with masters, by free veterinarians under the
law
(3) Sterilization of common breed dogs or of half breed dogs shall be carried out by means of
mobile veterinary clinics.
Art. 43. (1) The dog owners have the obligation that, when being in public places with the
dogs, to have with them the health certificates of the dog
(2) In the health certificates of the dog it’s mandatory to record the microchip number,
sterilization, in common breed dogs and half breed dogs, and in the case of the dogs that have been
exempted from sterilization, and the medical reasons for the exemption.
Art. 44. In order to maintain hygiene in public spaces, owners of dogs have the following
obligations:
a)
to remove the waste produced by the animals they own in public spaces and in their
surroundings, from the halls and passways of locative spaces;
b)
not to throw animal waste in public spaces and in the surrounding areas, in the halls
and passways of locative spaces.
CHAPTER XIII
Control of activity of managing stray dogs
Art. 45. (1) In order to check the way of applying the provisions of Emergency Government
Ordinance no. 155/2001, with subsequent modifications and completions by specialized services for
the management of stray dogs, respectively by the operators of specialized services for the
management of stray dogs, the representatives of NSVFSA and of CSVFSD and of Bucharest
municipality have access to shelters, treatment rooms, storing rooms for corpses, spaces for the
storing of food, other facilities, as well as the right to apply and to receive any documents and to
check any equipment of public services and of shelters, cars, and utility weapons, stocks of food,
stocks of medicine and of disinfectant substances.
(2) The NSVFSA and the county SVFSD and of Bucharest municipality shall draw up
control plans for the carrying out of management plans of stray dogs’ population that are drawn up
and applied by specialized services for the management of stray dogs, respectively by specialized
operators for the management of stray dogs.
(3) The NSVFSA shall make available the algorithm of assessing the feasibility of action
plans referred to at art. 11 to the Local Councils.
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CHAPTER XIV
Compulsory records for stray dogs in public shelters and in the shelters of associations
and foundations for animals’ protection
Art. 46.(1) At the headquarters of public and private shelters for stray dogs, there shall be a
record of all carried out medical treatments and of the number of dead animals.
(2) In special records checked by free practice veterinarians under the law, there shall be
compulsorily written the following data: data of capturing, data and hour of sheltering, individual
characteristics of animals, number of caught stray dogs, of claimed dogs, adopted dogs, of dogs kept
in shelters, of dogs adopted from distance, of euthanized dogs, the reason of the euthanasia, the
substance used for euthanasia, the name of the person who carried out the euthanasia, the number of
identification, the number of adoption file, the date of deworm, the date of anti-rabies vaccination,
the date of sterilizing, as well as the persons that performed the respective operations.
(3) The special records where there are written the data provided under par. 2) are managed
according to the procedures established by the NSVFSA .
(4) In addition to the provisions of par. 1) and 2) at the headquarters of public and private
shelters for stray dogs there shall be the following records: record of medicine consumption,
immunological record, record of consumption of toxic substances, record for the management of
substances used for euthanization and acts of disinfection.
(5) Public and private shelters for stray dogs shall observe the provisions of the Order of the
President of NSVFSA no.80/2005, for the approval of the sanitary veterinary and food safety norm
regarding the settling of necessary documents and veterinary records within the activity of
neutralizing animal waste, with further modifications and completions.
(6) The records provided under par. 2) and 4) shall be kept over a period of at least 3 years
and shall be made available to the competent authorities when there are performed official
inspections or at the request of the competent authorities.
CHAPTER XV
Transitory law dispositions
Art. 47. (1) The stray dogs, that, until the entering into force of the provisions of these norms
were identified, sterilized, and those for which homeowners associations assume responsibility for
their preservation in writing, according to the provisions of Government Decision no. 955/2004 for
the approval of framework regulations applying the Government Ordinance no.71/2002 on the
organization and functioning of public services for the management of public and private domain of
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local interest, which are kept in a fenced owned premise and with the authorization of the local
council shall not be picked up by the specialized services for the management of stray dogs,
respectively by the operators of the specialized services for the management of stray dogs.
(2) The public shelters arranged outside the territorial administrative establishments which
they serve can continue to operate after the entering into force of the provisions of these
methodological norms only if they are recorded according to the legislation in force and if they
observe the minimum provisions regulated under Annex no. 1 to Government Emergency Ordinance
no. 155/2001 regarding the approval of the programme of management of stray dogs, with further
modifications and completions by Law no. 227/2002, with subsequent modifications and
completions.
Art. 48. Since the date of entering into force of the provisions of these norms, these shall
apply to the dogs that are already kept in public shelters.
Art. 49. (1) In the case of captured dogs that are identified by other means of identification
besides the microchip, by which one can establish the identity of the owner, the representatives of
operators are obliged to notify it to the owner within a 24 hours’ time.
(2) The provisions of indent (1) are valid from the entry into force of these rules and
till January, 1. 2015.
CHAPTER XVI
Final dispositions
Art. 50. (1) The services for the management of stray dogs are bound to termly report to the
SVFSD and Bucharest municipality the number of dogs that were captured, claimed, adopted,
adopted of distance, mentioned in shelters or euthanized.
2) Private shelters are obliged to termly report to the SVFSD the number of dogs that are
kept in shelters, adopted, euthanized as well as the number of dogs that are already kept in shelters on
the date of reporting.
Art. 51. The services for the management of stray dogs, upon each re-assessment of the
number of stray dogs within the ray of territory- shall report the updated situation of sanitary
veterinary and food safety directorates in whose ray they operate.
Art. 52. The NSVFSA and the Ministry of Internal Affairs, by the authorized bodies, in
collaboration with the representatives of the organizations of animals’ protection - shall monitor the
applying of these methodological norms.
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2) For the carrying out of controls regarding the way of applying the provisions of these
norms, there shall be established mixed teams of controls made up of empowered persons according
to the work attributions within the NSVFSA, and the Ministry of Internal Affairs.
3) For the carrying out of the provisions of these norms, empowered persons, according to
the work attributions within the NSVFSA and the Ministry of Internal Affairs shall have access to
buildings, shelters and other places where there are kept animals as well as the right to require any
necessary information and documents for the control.
Art. 53. Annexes no. 1-5 are an integral part of these methodological norms.
Annex no. 1
to the methodological norms
INDIVIDUAL CAPTURE FORM
1.
Information on the dog
a.
Identification no. (if there is any)
b.
Breed
c.
Sex :
d.
Color:
e.
Particular signs
f.
Waist: - small (sub 10 kg)
g.
M
F
-
medium (11-20 kg)
-
large: (over 20 kg)
General state- very bad
-bad
-moderate
-good
-very good
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2.
Information on capture:
a.
Day_______Month ______________Year___________
b.
Place
of
capture:
Region/neighbourhood_____________Street______________
c.
3.
Hour of capture:
Information on the capture team
Means of transport _____________________________
Name _____________Surname___________________
Signature________________________
Annex no. 2
to the methodological norms
MINIMUM INFORMATION ON STRAY DOGS KEPT IN SHELTERS
1. Information on each dog (according to the individual form of capture)
2. Information on capture and capture team (according to the individual form of capture)
3. Information on accommodation
a) unique identification number given upon the entrance in shelters
b) date and hour of accommodation in shelters;
c) individual characteristics of each animal;
a)
unique number of cage;
b)
health status of each animal
1.
2.
clinically healthy
clinical signs
4.Information on euthanasia;
a) reason of euthanasia
b)
substance used for euthanasia;
c)
name of the person that carries out the euthanasia;
5. Information on adoption
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a)
identification no
b)
no of adoption file
6. Medical information
a)
date of deworm
b)
date of anti-rabic vaccination
c)
date of sterilization;
d)
persons that performed operations.
Annex no. 3
to the methodological norms
THE MODEL OF THE TABLE PROVIDED UNDER ART. 16. INDENT (5) OF
METHODOLOGICAL NORMS
N
o of ate
crt.
D
of ex
S
ddress
capturing
A
Charac
teristics
Uniq
ue
Mi
crochip/
Obse
rvations
identification
ear
number
tag
Annex no. 4 to methodological forms
STATEMENT OF OWN RESPONSABILITY
No........./..........
I, the undersigned .................................................................................................., residing in
................................................,
county/sector
...........................................,
street................................................................., no............, block.................., stair ........, floor .........,
app. ..... fix phone......................., mobile ..........................e-mail address ..................................,
identified with BI/CI series ........ no. ..................., issued by.............. on ...................................I
declare on my own responsibility, being aware of the provisions of the art. 292 of Penal Code
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regarding false statements, that I comply with the provisions of the art. 8 indent (3) letters a) and b)
of Government Emergency Ordinance no. 155/2001 on the approval of the stray dog management
programme, approved with further amendments and completions by Law no. 227/2002, with further
amendments and completions, that I possess the necessary space and material resources to rear and
maintain the dog having the identification number............................or being microchiped with the
number/numbers ...........................................
-I mention that I do not comply with the dispositions regarding the obligation of the
agreement of Owners’ and neighbors’ association
-I mention that I do comply with the dispositions regarding the obligation of the agreement of
Owners’ and neighbors’ association that I attach to this act
Date:
Signature:
Annex no. 5
to the methodological norms
COMMITMENT STATEMENT ON DISTANCE ADOPTION
No. ....../.........
 Legal person
I, the undersigned,......................................, with the headquarters in .............................,
street ..................................... no. ......, sector/county ................., phone ..................., e-mail
address.................................., registered at .................... with the no. ..................., represented by
..............................., as ....................., identified with BI/CI series ........ no. ..................., issued by
............... on ........................,
 Physical person
I, the undersigned,...................................................,residing in ............................., street
.......................................
no.
......,
sector/county
.................,
phone
...................,
e-mail
address.................................., identified with BI/CI series........ no. ..................., issued by ...............
on ..........................................,
I commit myself to adopt at distance the dog having the identification number
............................. or being microchiped with the number ........................., written in the animal
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NATIONAL SANITARY VETERINARY AND FOOD SAFETY AUTHORITY
health card, sheltered by the service specialized in the management of stray dogs, under the following
conditions:
1.
I shall bear the maintenance expenses in the public shelter established by the
local council decision
2.
The distance adopted dog can be taken over anytime by the adopter or it can
be adopted directly by agreement of the distance adopter.
In case of non-compliance with the conditions of point 1, by the adopter over the period of
two consecutive weeks, the distance adoption statement shall legally cease.
Date ...................
Signature of distance adopter,
....................................
Signature of the representative of the Service specialized in the management of stray dogs
.........................................
Annex no. 6
to the methodological norms
LOCAL COUNCIL................................
Service specialized in the management of stray dogs
DECISION ON EUTHANASIA
NO......../...........
Having regard to the expiring deadline of 14 working days period since the capture date, in
conformity with the provisions of the Government Emergency Ordinance no. 155/2001 on the
approval of stray dog management programme, approved with further amendments and completions
by Law no. 227/2002, with further amendments and completions, during which the dog has not been
claimed, adopted, distance adopted or maintained in shelter, there is hereby decided
within.............................. the euthanasia of the dog with the identification number .............................
or being microchiped with the number ........................., captured by the Public structure for the
management of stray dogs on................................................
Date
Mayor’s empowered person,
Name and surname
Signature
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28