Romania - Animal Welfare Law 9/2008
Law no. 205/2004 modified and completed through law no.9/2008 concerning animals protection
(became effective at January 15, 2008)
Chapter 1
General dispositions
Art.1 - (1)This law stipulate necessary measures to assure conditions of life and welfare of the animals with or without owner.
(2) Managing of the stray dogs population from the territory of Romania is made by specific legislation.
Art. 2 - Through this law, animals keeper means the owner, the person that keep an animal with any available title, as well as any physical or juridical person who care the animal.
Art. 3 - Animal owners have the obligation to ensure the application of the sanitary veterinary and zoo hygiene laws concerning the sheltering, feeding, caring, reproduction, exploitation and those concerning animals protection and welfare.
Art. 4 - The owners have the obligation to have a behavior without brutality against animals, to assure the elementary conditions necessary to the breeding as well as to not abandon or to turn out the animals.
Art.5 - (1) Animals owners have the obligation to provide for the animals, considering their ethologic, specie, race, sex, age, production category, the following:
Art. 6 - (1) Through this law, bad treatment means brutal behavior, abusing to use animals, supposing the animals to inutile efforts and not assure the conditions of article 5, paragraph (1)
(2) Through this law, cruelty against animals means:
Art. 7 - Animals used in experimental purposes must have specific protection norms, without cause unnecessary suffering.
Art. 7’ - It is prohibit the euthanasia of dogs, cats or other animals, excepting animals with incurable maladies, ascertained by veterinary doctor.
Art. 8 - (1) National Sanitary Veterinary and Food Safety Authority* represents the national authority concerning animal protection.
(2) Conditions of keeping, sheltering and care of the animals are settled through an Order of National Sanitary Veterinary and Food Safety Authority President.
CHAPTER II
Conditions concerning animal’s keeping
Art. 9 - (1) Animals owners can keep wild animals, in conformity with the law, only if they are authorized by the Sanitary Veterinary and Food Safety Direction of the county respectively of the Bucharest.
(2) Conditions for keeping wild animals are settled by the order of minister of Agriculture, Forests and Rural Development at the proposal of National Sanitary Veterinary and Food Safety Authority.
(3) The owners can keep wild animals for a determined period in view of care and physical recover, for the animals who are in dangerous from survival point of view, with the National Sanitary Veterinary and Food Safety Authority agreement.
Art. 10 - (1) Animals’ owners have the obligation to care and to adequately treat a sick or hurt animal.
(2) National Veterinary Authority can order the slaughtering or the killing of a sick or hurt animal for sparing it of unnecessary physical or psychical sufferance, within the conditions settled through a order of the president of National Sanitary Veterinary and Food Safety Authority.
(3) The foresights from paragraphs (1) and (2) are not applied for the animals used in scientific purposes or in other experimental purposes.
Art. 11 - Animal owners who selects an animal for reproduction(breeding) have the obligation to respect the anatomical, physiological and behavioural characteristics of the species and race, thus the performances, the health and the welfare of the offspring should be not compromised.
Art. 12 - The person who contribute at in training of an animal have the obligation to use training ways that will not cause physical or psychological traumas as well as to use methods which are not detrimental to health or welfare of the animal.
CHAPTER III
Conditions concerning animals trade, animals transport as well as using the animals in advertising purpose, shows, exhibitions, competitions and similar events
Art. 13 - National Sanitary Veterinary and Food Safety Authority from consideration concerning animal protection and conservation of the species from the Romanian territory, can impose some conditions, as well as limit or prohibit import, export, transit and trade of the animals, taking into consideration the community settlements.
Art. 14 - (1) Transporters have the obligation to transport the animals in adequate conditions, function of species, physiological state, sex, age, production category, to avoid harming or physical and/or psychological exhausting of the animals.
(2) Conditions concerning animals’ transportation are settled through the order of the president of National Sanitary Veterinary and Food Safety Authority.
Art. 15 - Animals can be used in advertising purpose, in shows, exhibitions, competitions or other similar events, only if:
(2) Commission for organizing the competitions and/or arbitration will obligatory include a representative of animals protection organizations.
CHAPTER IV
Surgical operations
Art. 17 - (1) The animals are subjected to surgical interventions only in motivated cases
(2) Surgical interventions can be carried out under local or general anesthesia, and only by the veterinarians.
(2¹) Surgical interventions have to be be carried out in authorized places, excepting the situations when the intervention has to be made in the place where the animal is.
(3) Medical interventions which can produce pain to animal shall be carried out by a veterianian.
Art. 18 - Exceptions from art 17, paragraph (2) in cases of animals used for scientific purposes or another experimental purposes, surgeries or other treatments can be made by another persons who have necessary qualify.
CHAPTER V
Sacrificing and killing of animals
Art. 19 - The animals will not be subjected to the useless suffering in case of sacrificing or killing.
Art. 20 - Sacrificing and killing of animals will be made in accordance with the specific laws.
Art. 21 - The dispositions of the article 20 are not applied to the animals that, because of accidents or illness, have to be immediately sacrificed of killed.
CHAPTER VI
Using of animals in scientific or experimental purposes
Art. 22 - Animals can be used for scientific researches, diagnosing of an illness, producing of some medicines or biological products when the purpose of the activity cannot be reached through other methods that don’t supposed using of the animals
CHAPTER VII
Sanctions
Art. 23 - (1) There are considered contraventions the following facts:
Art. 24’ - In case of a penal offence is found out, the law court can dispose to owner prohibit to keep animals for a period of 5 years.
Art. 25 - (1) Finding of the contraventions and applying of the sanctions are made by authorized persons from National Sanitary Veterinary and Food Safety Authority and from Ministry of Administration and Interior.
(2) The offender can pay offhand or within maximum 48 hours since the date of official report signing, or after case, since the date of announcing it, half from the minimum fine mentioned at art. 23 paragraph (2); the agent has to mention this possibility in the official report.
(3) The dispositions of the Government Ordinance no 2/2001 concerning the juridical regime of contraventions, approved by the Law no.180/2002, are applicable for the contraventions mentioned at the art. 23.
CHAPTER VIII
Final dispositions
Art. 26 - (1) National Sanitary Veterinary and Food Safety Authority, Ministry of Administration and Interior, through specialized institutions, with animals protection organizations are supervising the apply of this law.
(2) To aplly the dispositions of the present law, the persons authorized in accordance with their attributions from National Sanitary Veterinary and Food Safety Authority and Ministry of Administration and Interior, have access in buildings, shelters and other places where the animals are kept, as well as, the right to ask for any information and documents necessary for controlling and to take proofs in view of research and laboratory analysis.
(3) In case when the animals are kept at the residence of the owners, the access of the persons mentioned at paragraph (2) in this space is made with the owner’s approval. Failing an agreement access, the animal owner is obliged to prove he respects the dispositions from article 5.
Art. 26’ - Methodological Norms to apply the present law are approved within 60 days, by a common Order of Administration and Interior minister, and National Sanitary Veterinary and Food Safety Authority, with consulting of animals protection organizations representatives.
Art. 27 - Orders from article 8, paragraph (2), article 9, paragraph (2), and article 14 paragraph (2) are issued within a period of 6 months from the publication date of the present law in Official Monitory of Romania, Part. 1.
Art. 27’ - (1) The Radio and Romanian televisions are promoting programmes of animals protection.
(2) Ministry of Education, Research and Youth, within the civic education classes, will promote actions of animals protection.
Art. 28 - The present law will become effective 10 days after the date of its publishing in Official Monitory of Romania, Part I.
* in conformity with art. 6 from din Government Ordinance no. 42/2004, approved by Law no. 215/2004, National Sanitary Veterinary and Food Safety Authority is settled through reorganizing of Romanian Agency for Food Safety, of National Sanitary Veterinary Agency from the Ministry of Agriculture, Forests and Rural development, and also of some structure from the same Ministry.
** Euro - lei currency conversion rate- Lei at April 2009 (1 Euro=about 4 lei)
General dispositions
Art.1 - (1)This law stipulate necessary measures to assure conditions of life and welfare of the animals with or without owner.
(2) Managing of the stray dogs population from the territory of Romania is made by specific legislation.
Art. 2 - Through this law, animals keeper means the owner, the person that keep an animal with any available title, as well as any physical or juridical person who care the animal.
Art. 3 - Animal owners have the obligation to ensure the application of the sanitary veterinary and zoo hygiene laws concerning the sheltering, feeding, caring, reproduction, exploitation and those concerning animals protection and welfare.
Art. 4 - The owners have the obligation to have a behavior without brutality against animals, to assure the elementary conditions necessary to the breeding as well as to not abandon or to turn out the animals.
Art.5 - (1) Animals owners have the obligation to provide for the animals, considering their ethologic, specie, race, sex, age, production category, the following:
- a) a proper shelter
- b) enough food and water
- c) enough space to move
- d) care and attention
- e) medical assistance
Art. 6 - (1) Through this law, bad treatment means brutal behavior, abusing to use animals, supposing the animals to inutile efforts and not assure the conditions of article 5, paragraph (1)
(2) Through this law, cruelty against animals means:
- a) killing animals, with intention
- b) practicing the animals shooting on domestic or wild animals
- c) organizing fights between or with animals
- d) using alive animals to train animals or control their aggressive behavior
- e) using animals for exhibitions, shows, advertising, films or similar purposes if these activities entail to the animals physical or psychical suffering, diseases or wounds
- f) abandoning an animal of whom existence depends on man’s care
- g) administer substances to stimulate physical capacities of the animals, during competitions, as doping
- h) mistreating and torturing of the animals
- i) surgical operations for the purpose of modifying the appearance of a pet animal or for other non‑curative purposes: the docking of tails, the cropping of ears, devocalization, declawing and defanging.
- j) entailing physical or psychological suffering through different ways
- k) separating the puppies of their mom during the first eight weeks of life
- l) catching of animals by another methods than the legal ones
- m) using of tranquilizer guns for another situation than to immobilize the animals
Art. 7 - Animals used in experimental purposes must have specific protection norms, without cause unnecessary suffering.
Art. 7’ - It is prohibit the euthanasia of dogs, cats or other animals, excepting animals with incurable maladies, ascertained by veterinary doctor.
Art. 8 - (1) National Sanitary Veterinary and Food Safety Authority* represents the national authority concerning animal protection.
(2) Conditions of keeping, sheltering and care of the animals are settled through an Order of National Sanitary Veterinary and Food Safety Authority President.
CHAPTER II
Conditions concerning animal’s keeping
Art. 9 - (1) Animals owners can keep wild animals, in conformity with the law, only if they are authorized by the Sanitary Veterinary and Food Safety Direction of the county respectively of the Bucharest.
(2) Conditions for keeping wild animals are settled by the order of minister of Agriculture, Forests and Rural Development at the proposal of National Sanitary Veterinary and Food Safety Authority.
(3) The owners can keep wild animals for a determined period in view of care and physical recover, for the animals who are in dangerous from survival point of view, with the National Sanitary Veterinary and Food Safety Authority agreement.
Art. 10 - (1) Animals’ owners have the obligation to care and to adequately treat a sick or hurt animal.
(2) National Veterinary Authority can order the slaughtering or the killing of a sick or hurt animal for sparing it of unnecessary physical or psychical sufferance, within the conditions settled through a order of the president of National Sanitary Veterinary and Food Safety Authority.
(3) The foresights from paragraphs (1) and (2) are not applied for the animals used in scientific purposes or in other experimental purposes.
Art. 11 - Animal owners who selects an animal for reproduction(breeding) have the obligation to respect the anatomical, physiological and behavioural characteristics of the species and race, thus the performances, the health and the welfare of the offspring should be not compromised.
Art. 12 - The person who contribute at in training of an animal have the obligation to use training ways that will not cause physical or psychological traumas as well as to use methods which are not detrimental to health or welfare of the animal.
CHAPTER III
Conditions concerning animals trade, animals transport as well as using the animals in advertising purpose, shows, exhibitions, competitions and similar events
Art. 13 - National Sanitary Veterinary and Food Safety Authority from consideration concerning animal protection and conservation of the species from the Romanian territory, can impose some conditions, as well as limit or prohibit import, export, transit and trade of the animals, taking into consideration the community settlements.
Art. 14 - (1) Transporters have the obligation to transport the animals in adequate conditions, function of species, physiological state, sex, age, production category, to avoid harming or physical and/or psychological exhausting of the animals.
(2) Conditions concerning animals’ transportation are settled through the order of the president of National Sanitary Veterinary and Food Safety Authority.
Art. 15 - Animals can be used in advertising purpose, in shows, exhibitions, competitions or other similar events, only if:
- a) the organizer assure the conditions mentioned at the art.5;
- b) the animals' health and welfare are not put at risk.
(2) Commission for organizing the competitions and/or arbitration will obligatory include a representative of animals protection organizations.
CHAPTER IV
Surgical operations
Art. 17 - (1) The animals are subjected to surgical interventions only in motivated cases
(2) Surgical interventions can be carried out under local or general anesthesia, and only by the veterinarians.
(2¹) Surgical interventions have to be be carried out in authorized places, excepting the situations when the intervention has to be made in the place where the animal is.
(3) Medical interventions which can produce pain to animal shall be carried out by a veterianian.
Art. 18 - Exceptions from art 17, paragraph (2) in cases of animals used for scientific purposes or another experimental purposes, surgeries or other treatments can be made by another persons who have necessary qualify.
CHAPTER V
Sacrificing and killing of animals
Art. 19 - The animals will not be subjected to the useless suffering in case of sacrificing or killing.
Art. 20 - Sacrificing and killing of animals will be made in accordance with the specific laws.
Art. 21 - The dispositions of the article 20 are not applied to the animals that, because of accidents or illness, have to be immediately sacrificed of killed.
CHAPTER VI
Using of animals in scientific or experimental purposes
Art. 22 - Animals can be used for scientific researches, diagnosing of an illness, producing of some medicines or biological products when the purpose of the activity cannot be reached through other methods that don’t supposed using of the animals
CHAPTER VII
Sanctions
Art. 23 - (1) There are considered contraventions the following facts:
- a) inobservance of art 12 dispositions;
- b) inobservance of art. 5, paragraph (1) dispositions
- c) suppose an animal to bad treatments
- d) inobservance of art.26, paragraph (3)
- e) expose an animal to cruelties
- a) keeping and trading of wild animals by not authorized physical or juridical persons, excepting of zoos;
- b) using the animals for mendicity, in view of getting undeserved benefits
- c) facts mentioned at article 6
- d) organizing fights between or with animals
- e) using alive animals to train other animals or to control their aggressiveness
- a) those from letter a) with fine from 800 lei (about 200 Euro) to 1000 lei (about 250 Euro)
- b) those from letter b) – e) with fine from 1000 lei (about 250 Euro) to 1500 lei (about 400 Euro)
- a) those from letter a) with prison from one month to one year or with penal fine from 500 lei (about 125 Euro) to 10 000 (about 2500 Euro) and animals are being confiscated.
- b) those from letter b) with prison from 3 months to one year or with penal fine from 500 lei (about 125 Euro ) to 6000 lei (about 1500 Euro) and animals are being confiscated.
- c) those from letter c) with prison from 6 months to 3 years or with penal fine from 1000 lei (250 Euro) to 10 000 (2500 Euro) and animal’s confiscate.
- d) those from letter d) with prison from 3 months to one year or with penal fine from 1000 lei (250 Euro) la 2000 lei (500 Euro) and animal’s confiscate;
- e) those from letter e) with prison from 3 months to one year or with penal fine from 500 lei (125 Euro) to 2000 lei (500 Euro) and animal’s confiscate.
Art. 24’ - In case of a penal offence is found out, the law court can dispose to owner prohibit to keep animals for a period of 5 years.
Art. 25 - (1) Finding of the contraventions and applying of the sanctions are made by authorized persons from National Sanitary Veterinary and Food Safety Authority and from Ministry of Administration and Interior.
(2) The offender can pay offhand or within maximum 48 hours since the date of official report signing, or after case, since the date of announcing it, half from the minimum fine mentioned at art. 23 paragraph (2); the agent has to mention this possibility in the official report.
(3) The dispositions of the Government Ordinance no 2/2001 concerning the juridical regime of contraventions, approved by the Law no.180/2002, are applicable for the contraventions mentioned at the art. 23.
CHAPTER VIII
Final dispositions
Art. 26 - (1) National Sanitary Veterinary and Food Safety Authority, Ministry of Administration and Interior, through specialized institutions, with animals protection organizations are supervising the apply of this law.
(2) To aplly the dispositions of the present law, the persons authorized in accordance with their attributions from National Sanitary Veterinary and Food Safety Authority and Ministry of Administration and Interior, have access in buildings, shelters and other places where the animals are kept, as well as, the right to ask for any information and documents necessary for controlling and to take proofs in view of research and laboratory analysis.
(3) In case when the animals are kept at the residence of the owners, the access of the persons mentioned at paragraph (2) in this space is made with the owner’s approval. Failing an agreement access, the animal owner is obliged to prove he respects the dispositions from article 5.
Art. 26’ - Methodological Norms to apply the present law are approved within 60 days, by a common Order of Administration and Interior minister, and National Sanitary Veterinary and Food Safety Authority, with consulting of animals protection organizations representatives.
Art. 27 - Orders from article 8, paragraph (2), article 9, paragraph (2), and article 14 paragraph (2) are issued within a period of 6 months from the publication date of the present law in Official Monitory of Romania, Part. 1.
Art. 27’ - (1) The Radio and Romanian televisions are promoting programmes of animals protection.
(2) Ministry of Education, Research and Youth, within the civic education classes, will promote actions of animals protection.
Art. 28 - The present law will become effective 10 days after the date of its publishing in Official Monitory of Romania, Part I.
* in conformity with art. 6 from din Government Ordinance no. 42/2004, approved by Law no. 215/2004, National Sanitary Veterinary and Food Safety Authority is settled through reorganizing of Romanian Agency for Food Safety, of National Sanitary Veterinary Agency from the Ministry of Agriculture, Forests and Rural development, and also of some structure from the same Ministry.
** Euro - lei currency conversion rate- Lei at April 2009 (1 Euro=about 4 lei)
Methodological Norms for Law 205/2004
Please see also: Legea 205/2004 privind protectia animalelor republicata. Legea nr. 205/2014 republicata 2014
Republished in the Official Gazette, Part I no. 320 of April 30, 2014
Republished under art. 248 of Law no. 187/2012 for the implementation of Law no. 286/2009 on the Criminal Code, published in the Official Gazette of Romania, Part I, no. 757 of 12 November 2012, honed in the Official Gazette of Romania, Part I, no. 117 of 1 March 2013, as amended, giving the texts a new numbering.
law no. 205/2004 was published in the Official Gazette of Romania, Part I, no. 531 of 14 June 2004 and was amended and supplemented by Law no. 9/2008 amending and supplementing Law no. 205/2004 on the protection of animals, published in the Official Gazette of Romania, Part I, no. 29 of 15 January 2008.
Chapter I - General Provisions
Article 1
(1) This Law regulates the measures necessary to ensure the living conditions and welfare of the animals with or without owner.
(2) Management of stray dogs in Romania is regulated by a special law.
Art 2
For the purposes of this law, the animal owner means the owner, the person who holds any valid, and any natural or legal person in whose care the animal is.
Art 3
animal owners are required to enforce the sanitary veterinary and zoohygiene on Housing, feeding, care, reproduction, exploitation, protection and welfare of animals.
Art 4
animal owners are required to take an uncompromising brutality against them, to ensure basic conditions necessary for the purpose for which they are grown, not abandon them and / or cast.
Art 5
(1) Animal owners are required to provide them, according to ethological needs, species, breed, sex, age and type of production, the following:
a) an adequate shelter,
b) sufficient food and water,
c) can sufficient movement,
d) care and attention; 's) care.
(2) keepers are forbidden to apply mistreatment and cruelty.
Art 6
(1) For the purposes of this law, the brutal behavior means bad treatment, abuse in the use of animals, subjecting animals to unnecessary effort and failure conditions stipulated in art. 5 para. (1).
(2) For the purposes of this law, cruelty to animals means:
a) Killing animals with intent;
b) practicing fire on domestic or captive animals,
c) organizing fights between animals or animals,
d) the use of live animals for training animals or to control aggression,
e) the use of animals for trade shows, advertising, production films and for related purposes, if these activities cause physical and mental suffering, disease or injury,
f) abandonment and / or expulsion of an animal whose existence depends on human care;
g) management of natural substances to boost the capacities of animals in During sporting competitions, as doping
h) maltreatment and torturing animals,
i) surgery for changing the appearance of an animal or other non-curative purposes such as codomia, cropping of ears, cutting the vocal cords, declawing, coltilotul beak and teeth;
j ) causing physical and mental suffering by any means;
k) split pups mother until the age of at least eight weeks of age,
l) the taking of animals by methods other than those prescribed by law,
m) using tranquilizer weapons in situations other than the restraint of animals.
Art 7
Abandonment consists in allowing an animal owned and human care, public domain, without food, shelter and medical treatment.
Art 8
animals used for experimental purposes are subject to specific safety rules, without causing them unnecessary suffering.
Art 9
(1) It is forbidden to euthanize dogs, cats and other animals made contrary to the procedure prescribed by law.
(2) Notwithstanding the animals with incurable diseases found in law veterinarian will be euthanized immediately.
Art 10
(1) The National Sanitary Veterinary and Food Safety **) is the national authority in the field of animal welfare.
(2) The conditions of detention, housing and maintenance of animals is determined by order of the President of the National Sanitary Veterinary and Food Safety.
---- *** According to art. 6 of Ordinance no. 42/2004 regarding the organization of veterinary and food safety, approved with amendments and completions by Law no. 215/2004, with subsequent amendments, the National Sanitary Veterinary and Food Safety Authority is established through reorganization of the Romanian Agency for Food Safety, the National Sanitary Veterinary Agency of the Ministry of Agriculture and Rural Development, as well as services that work the structure of the same ministry.
Chapter II - Conditions for holding animals
Article 11
(1) Holders of animals may possess wildlife under the law, unless authorized by the direction of the sanitary veterinary and food safety county and Bucharest.
(2) The conditions on the owning wild animals is determined by the Minister agriculture and rural development, the proposal of the National Sanitary Veterinary and Food Safety.
(3) Holders of animals may possess wildlife for a determined period of time, care and physical recovery for the surviving animals in stalemate, with the agreement National Sanitary Veterinary and Food Safety.
Art 12
(1) pet owners are required to properly care for and treat sick or injured animals.
(2) veterinary authority may order the killing of cutting or, where appropriate, an animal sick or injured, to relieve suffering physical and psychological unnecessary conditions established by order of the President of the National Sanitary Veterinary and Food Safety.
(3) The provisions of par.
(1) and (2) shall not apply to animals used for experimental and other scientific purposes.
Art 13
owners who selects a pet animal for breeding are obliged to respect the anatomy, physiology and behavior of the species and breed, so you can not compromise performance, health and welfare of offspring.
Art 14
people who contribute to training of an animal is obliged to use means of training that does not cause physical or psychological trauma, and to use methods that do not impair the health or welfare of the animal.
Chapter III - Conditions for trade in animals, animal transport, and use them for advertising in shows, exhibitions, competitions and similar events
Article 15
The National Veterinary and Food Safety Sanitra from considerations of animal welfare and conservation of animals on the country, may impose certain conditions, and limit or prohibit the import, export, transit and trade in animals given the Community regulations.
Art 16
(1) Carriers are required to transport animals in good conditions, depending on the species and physiological state, sex, age, type of production, to avoid injury or exhaustion and / or mental them.
(2) The conditions on transport animals shall be determined by order of the President of the National Sanitary Veterinary and Food Safety.
Art 17
Animals can be used for advertising purposes in shows, exhibitions, competitions or other similar events only if:
a) the organizer provide the conditions stipulated in art. 5,
b) animal health and welfare are not jeopardized.
Art 18
(1) During the competitions or other occasions is forbidden to administer substances or animal to be subjected to procedures for increasing or decreasing the natural level of performance.
(2) The organization of competitions and / or arbitration shall include compulsory a representative of animal welfare organizations.
Chapter IV - surgery
Article 19
(1) Animals are subjected to surgery only in justified cases.
(2) surgery is performed under local anesthesia or, if applicable, overall, only by veterinarians.
(3) surgery is performed in licensed premises, except for cases in which intervention is required on site.
(4) medical Manoperele cause animal suffering should be performed by your veterinarian.
Art 20
Notwithstanding the provisions of art. 19 para. (2) in the case of animals used for experimental and other scientific purposes, surgery or other treatments may be performed by other people who have the necessary qualifications.
Chapter V - Slaughter and killing
Article 21
shall not be subject animals to unnecessary suffering to slaughter or killing.
Art 22
slaughter and killing of animals shall be made with the specific legal provisions in force.
Art 23
The provisions of art. 22 does not apply to animals because of accidents or illness, must be slaughtered or killed immediately.
Chapter VI - The use of animals for experimental and other scientific purposes
Article 24
Animals can be used for scientific research, diagnosis of diseases, production of drugs or biological products when the business objective can not be achieved by other methods that do not involve the use of animals.
Chapter VII - Penalties
Article 25
(1) an offense punishable with imprisonment from three months to one year or a fine:
a) killing, intentionally, without right,
b) practicing fire on domestic animals or captive wild animals,
c) organizing fights between animals or animals,
d) the use of live animals for training animals or to control aggression,
e) injury or torturing animals,
f) surgery for changing the appearance of an animal or other non-curative purposes such as codomia , cropping of ears, cutting the vocal cords, declawing, coltilotul beak and teeth.
(2) In case of conviction for any offense referred to in para. (1), the court may order that the complementary punishment prohibition of owning animals for a period of one year to five years.
Art 26
(1) The following acts:
a) non-compliance with art. 5 para. (1),
b) non-compliance with art. 6 para.
(2). e)-g), k) and m), c) non-compliance with art. 14,
d) non-compliance with art. 30 para. (3).
(2) The offenses referred to in para. (1) shall be fined from 1,000 lei to 3,000 lei.
Art 27
In case of committing twice the facts stipulated in art. 25 para.
(1). a) and b) by the owner of the animals, besides contravention fine applies to the seizure of animals. In this case, all the animals will be housed in shelters that works besides local councils for adoption or capitalization, according to law.
Art 28
In case of infringement, the court may order the owner account banned from owning animals for a period of five years.
Art 29
(1) Constatrea offenses and the sanctions stipulated in art. 26 people are empowered, according to job duties of the National Sanitary Veterinary and Food Safety Authority and the Ministry of Interior.
(2) The offender can pay immediately or within 48 hours of the closing date minutes or, if applicable, from the date of its communication, half of the minimum fine provided for in Art. 26, the findings agent shall specify this in the minutes. (3) The offenses referred to in art. 26 are applicable to the Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and completions by Law no. 180/2002, as amended and supplemented.
Chapter VIII - Final
Article 30
(1) The National Sanitary Veterinary and Food Safety, Ministry of Interior, through bodies, in collaboration with representatives of animal welfare organizations, monitors the implementation of this law.
(2) fulfillment of this law, persons authorized, appropriate tasks, within the National Sanitary Veterinary and Food Safety Authority and the Ministry of Internal Affairs have access to buildings, shelters and other places where animals are kept, and the right to request any information and documents necessary to sample and control samples and laboratory research.
(3) If the place where the animals are kept at home or residence of the owners of animals, persons referred to in para. (2) in this space is made with the consent of the owner. In the absence of agreement, the owner of the animal is required to demonstrate compliance with the provisions of art. May.
Art 31
rules for the application of this law are approved within 60 days by order of the Minister of Interior and Administrative Reform and President of the National Sanitary Veterinary and Food Safety *), in consultation with representatives of animal welfare organizations. - ------ *) See Order of the President of the National Sanitary Veterinary and Food Safety and the Minister of Interior and Administrative Reform no. 31/523/2008 Methodological Norms for applying Law no. 205/2004 on Animal Welfare (now the Ministry of Interior and Administrative Reform has title Affairs). Art 32 orders referred to in art. 10 para. (2),. 11 para. (2),. 12 para. (2) and art. 16 para. (2) shall be issued within six months from the date of publication of this law in the Official Gazette of Romania, Part I. Art 33(1) Radio and Television promotes Romanian animal protection programs. (2) Ministry of National Education in the civic education classes, will promote actions to protect animals. Art 34 This Law shall enter into force 10 days after its publication in the Official Gazette of Romania, Part I **). -------- **) Law no. 205/2004 on the protection of animals was published in the Official Gazette of Romania, Part I, no. 531 of 14 June 2004 .
Material processing and formatting represents an unofficial official provisions, based on texts taken from public: Official and may be of interest: Law 2/2014 approving Government Emergency Ordinance 64/2013 regarding the establishment and accreditation of risk management in mutual funds agriculture and financial compensation for economic losses caused by members of animal diseases, HG 570/2013 approving the Methodological Norms for the application of the Government Emergency Ordinance no. 64/2013 regarding the establishment and accreditation of mutual fund risk management in agriculture and giving Compensation Ordinance 64/2013 regarding the establishment and accreditation of mutual fund risk management in agriculture and financial compensation to members for economic losses caused by animal diseases, plant or an incide Law 191/2012 approving Government Emergency Ordinance 23/2010 on the identification and registration of pigs, sheep and goats, and amending and supplementing certain acts. Law no. 191/2012 GEO 34/2011 amending and supplementing Government Ordinance 36/2007 on population and housing census in Romania in 2011. Emergency Ordinance 34/2011 Order no. 862/2010 approving the establishment of the National Council for Hunting Ordinance 2/2010 amending Law no. 178/2000 on cosmetic products. Ordinance no. 2/2010 HG 1214/2009 on the methodology for determination and payment of damages owed to the owners of animals cut, killed or otherwise affected in view of the rapid liquidation of animal disease outbreaks GEO. 155/2001 approving the program management of stray dogs, Emergency Ordinance 155/2001, consolidated 2009 Law. 98/2009 approving Government Ordinance no. 28/2008 on agricultural Register Law. 72/2002, livestock law Law. 191/2002, Law zoos and public aquariums Law No. 227/2002 approving Government Emergency Ordinance 155/2001 on the approval of management program strays Law amending and supplementing Law no. 205/2004 on the protection of animals, the law no. 9/2008 Order approving the Regulation on the establishment of the right of hunting wildlife management, order no. 218/2008 Statute veterinarian 2005 Order no. 523/2008 approving the Methodological Norms for applying Law no. 205/2004 on the protection of animals
Republished in the Official Gazette, Part I no. 320 of April 30, 2014
Republished under art. 248 of Law no. 187/2012 for the implementation of Law no. 286/2009 on the Criminal Code, published in the Official Gazette of Romania, Part I, no. 757 of 12 November 2012, honed in the Official Gazette of Romania, Part I, no. 117 of 1 March 2013, as amended, giving the texts a new numbering.
law no. 205/2004 was published in the Official Gazette of Romania, Part I, no. 531 of 14 June 2004 and was amended and supplemented by Law no. 9/2008 amending and supplementing Law no. 205/2004 on the protection of animals, published in the Official Gazette of Romania, Part I, no. 29 of 15 January 2008.
Chapter I - General Provisions
Article 1
(1) This Law regulates the measures necessary to ensure the living conditions and welfare of the animals with or without owner.
(2) Management of stray dogs in Romania is regulated by a special law.
Art 2
For the purposes of this law, the animal owner means the owner, the person who holds any valid, and any natural or legal person in whose care the animal is.
Art 3
animal owners are required to enforce the sanitary veterinary and zoohygiene on Housing, feeding, care, reproduction, exploitation, protection and welfare of animals.
Art 4
animal owners are required to take an uncompromising brutality against them, to ensure basic conditions necessary for the purpose for which they are grown, not abandon them and / or cast.
Art 5
(1) Animal owners are required to provide them, according to ethological needs, species, breed, sex, age and type of production, the following:
a) an adequate shelter,
b) sufficient food and water,
c) can sufficient movement,
d) care and attention; 's) care.
(2) keepers are forbidden to apply mistreatment and cruelty.
Art 6
(1) For the purposes of this law, the brutal behavior means bad treatment, abuse in the use of animals, subjecting animals to unnecessary effort and failure conditions stipulated in art. 5 para. (1).
(2) For the purposes of this law, cruelty to animals means:
a) Killing animals with intent;
b) practicing fire on domestic or captive animals,
c) organizing fights between animals or animals,
d) the use of live animals for training animals or to control aggression,
e) the use of animals for trade shows, advertising, production films and for related purposes, if these activities cause physical and mental suffering, disease or injury,
f) abandonment and / or expulsion of an animal whose existence depends on human care;
g) management of natural substances to boost the capacities of animals in During sporting competitions, as doping
h) maltreatment and torturing animals,
i) surgery for changing the appearance of an animal or other non-curative purposes such as codomia, cropping of ears, cutting the vocal cords, declawing, coltilotul beak and teeth;
j ) causing physical and mental suffering by any means;
k) split pups mother until the age of at least eight weeks of age,
l) the taking of animals by methods other than those prescribed by law,
m) using tranquilizer weapons in situations other than the restraint of animals.
Art 7
Abandonment consists in allowing an animal owned and human care, public domain, without food, shelter and medical treatment.
Art 8
animals used for experimental purposes are subject to specific safety rules, without causing them unnecessary suffering.
Art 9
(1) It is forbidden to euthanize dogs, cats and other animals made contrary to the procedure prescribed by law.
(2) Notwithstanding the animals with incurable diseases found in law veterinarian will be euthanized immediately.
Art 10
(1) The National Sanitary Veterinary and Food Safety **) is the national authority in the field of animal welfare.
(2) The conditions of detention, housing and maintenance of animals is determined by order of the President of the National Sanitary Veterinary and Food Safety.
---- *** According to art. 6 of Ordinance no. 42/2004 regarding the organization of veterinary and food safety, approved with amendments and completions by Law no. 215/2004, with subsequent amendments, the National Sanitary Veterinary and Food Safety Authority is established through reorganization of the Romanian Agency for Food Safety, the National Sanitary Veterinary Agency of the Ministry of Agriculture and Rural Development, as well as services that work the structure of the same ministry.
Chapter II - Conditions for holding animals
Article 11
(1) Holders of animals may possess wildlife under the law, unless authorized by the direction of the sanitary veterinary and food safety county and Bucharest.
(2) The conditions on the owning wild animals is determined by the Minister agriculture and rural development, the proposal of the National Sanitary Veterinary and Food Safety.
(3) Holders of animals may possess wildlife for a determined period of time, care and physical recovery for the surviving animals in stalemate, with the agreement National Sanitary Veterinary and Food Safety.
Art 12
(1) pet owners are required to properly care for and treat sick or injured animals.
(2) veterinary authority may order the killing of cutting or, where appropriate, an animal sick or injured, to relieve suffering physical and psychological unnecessary conditions established by order of the President of the National Sanitary Veterinary and Food Safety.
(3) The provisions of par.
(1) and (2) shall not apply to animals used for experimental and other scientific purposes.
Art 13
owners who selects a pet animal for breeding are obliged to respect the anatomy, physiology and behavior of the species and breed, so you can not compromise performance, health and welfare of offspring.
Art 14
people who contribute to training of an animal is obliged to use means of training that does not cause physical or psychological trauma, and to use methods that do not impair the health or welfare of the animal.
Chapter III - Conditions for trade in animals, animal transport, and use them for advertising in shows, exhibitions, competitions and similar events
Article 15
The National Veterinary and Food Safety Sanitra from considerations of animal welfare and conservation of animals on the country, may impose certain conditions, and limit or prohibit the import, export, transit and trade in animals given the Community regulations.
Art 16
(1) Carriers are required to transport animals in good conditions, depending on the species and physiological state, sex, age, type of production, to avoid injury or exhaustion and / or mental them.
(2) The conditions on transport animals shall be determined by order of the President of the National Sanitary Veterinary and Food Safety.
Art 17
Animals can be used for advertising purposes in shows, exhibitions, competitions or other similar events only if:
a) the organizer provide the conditions stipulated in art. 5,
b) animal health and welfare are not jeopardized.
Art 18
(1) During the competitions or other occasions is forbidden to administer substances or animal to be subjected to procedures for increasing or decreasing the natural level of performance.
(2) The organization of competitions and / or arbitration shall include compulsory a representative of animal welfare organizations.
Chapter IV - surgery
Article 19
(1) Animals are subjected to surgery only in justified cases.
(2) surgery is performed under local anesthesia or, if applicable, overall, only by veterinarians.
(3) surgery is performed in licensed premises, except for cases in which intervention is required on site.
(4) medical Manoperele cause animal suffering should be performed by your veterinarian.
Art 20
Notwithstanding the provisions of art. 19 para. (2) in the case of animals used for experimental and other scientific purposes, surgery or other treatments may be performed by other people who have the necessary qualifications.
Chapter V - Slaughter and killing
Article 21
shall not be subject animals to unnecessary suffering to slaughter or killing.
Art 22
slaughter and killing of animals shall be made with the specific legal provisions in force.
Art 23
The provisions of art. 22 does not apply to animals because of accidents or illness, must be slaughtered or killed immediately.
Chapter VI - The use of animals for experimental and other scientific purposes
Article 24
Animals can be used for scientific research, diagnosis of diseases, production of drugs or biological products when the business objective can not be achieved by other methods that do not involve the use of animals.
Chapter VII - Penalties
Article 25
(1) an offense punishable with imprisonment from three months to one year or a fine:
a) killing, intentionally, without right,
b) practicing fire on domestic animals or captive wild animals,
c) organizing fights between animals or animals,
d) the use of live animals for training animals or to control aggression,
e) injury or torturing animals,
f) surgery for changing the appearance of an animal or other non-curative purposes such as codomia , cropping of ears, cutting the vocal cords, declawing, coltilotul beak and teeth.
(2) In case of conviction for any offense referred to in para. (1), the court may order that the complementary punishment prohibition of owning animals for a period of one year to five years.
Art 26
(1) The following acts:
a) non-compliance with art. 5 para. (1),
b) non-compliance with art. 6 para.
(2). e)-g), k) and m), c) non-compliance with art. 14,
d) non-compliance with art. 30 para. (3).
(2) The offenses referred to in para. (1) shall be fined from 1,000 lei to 3,000 lei.
Art 27
In case of committing twice the facts stipulated in art. 25 para.
(1). a) and b) by the owner of the animals, besides contravention fine applies to the seizure of animals. In this case, all the animals will be housed in shelters that works besides local councils for adoption or capitalization, according to law.
Art 28
In case of infringement, the court may order the owner account banned from owning animals for a period of five years.
Art 29
(1) Constatrea offenses and the sanctions stipulated in art. 26 people are empowered, according to job duties of the National Sanitary Veterinary and Food Safety Authority and the Ministry of Interior.
(2) The offender can pay immediately or within 48 hours of the closing date minutes or, if applicable, from the date of its communication, half of the minimum fine provided for in Art. 26, the findings agent shall specify this in the minutes. (3) The offenses referred to in art. 26 are applicable to the Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and completions by Law no. 180/2002, as amended and supplemented.
Chapter VIII - Final
Article 30
(1) The National Sanitary Veterinary and Food Safety, Ministry of Interior, through bodies, in collaboration with representatives of animal welfare organizations, monitors the implementation of this law.
(2) fulfillment of this law, persons authorized, appropriate tasks, within the National Sanitary Veterinary and Food Safety Authority and the Ministry of Internal Affairs have access to buildings, shelters and other places where animals are kept, and the right to request any information and documents necessary to sample and control samples and laboratory research.
(3) If the place where the animals are kept at home or residence of the owners of animals, persons referred to in para. (2) in this space is made with the consent of the owner. In the absence of agreement, the owner of the animal is required to demonstrate compliance with the provisions of art. May.
Art 31
rules for the application of this law are approved within 60 days by order of the Minister of Interior and Administrative Reform and President of the National Sanitary Veterinary and Food Safety *), in consultation with representatives of animal welfare organizations. - ------ *) See Order of the President of the National Sanitary Veterinary and Food Safety and the Minister of Interior and Administrative Reform no. 31/523/2008 Methodological Norms for applying Law no. 205/2004 on Animal Welfare (now the Ministry of Interior and Administrative Reform has title Affairs). Art 32 orders referred to in art. 10 para. (2),. 11 para. (2),. 12 para. (2) and art. 16 para. (2) shall be issued within six months from the date of publication of this law in the Official Gazette of Romania, Part I. Art 33(1) Radio and Television promotes Romanian animal protection programs. (2) Ministry of National Education in the civic education classes, will promote actions to protect animals. Art 34 This Law shall enter into force 10 days after its publication in the Official Gazette of Romania, Part I **). -------- **) Law no. 205/2004 on the protection of animals was published in the Official Gazette of Romania, Part I, no. 531 of 14 June 2004 .
Material processing and formatting represents an unofficial official provisions, based on texts taken from public: Official and may be of interest: Law 2/2014 approving Government Emergency Ordinance 64/2013 regarding the establishment and accreditation of risk management in mutual funds agriculture and financial compensation for economic losses caused by members of animal diseases, HG 570/2013 approving the Methodological Norms for the application of the Government Emergency Ordinance no. 64/2013 regarding the establishment and accreditation of mutual fund risk management in agriculture and giving Compensation Ordinance 64/2013 regarding the establishment and accreditation of mutual fund risk management in agriculture and financial compensation to members for economic losses caused by animal diseases, plant or an incide Law 191/2012 approving Government Emergency Ordinance 23/2010 on the identification and registration of pigs, sheep and goats, and amending and supplementing certain acts. Law no. 191/2012 GEO 34/2011 amending and supplementing Government Ordinance 36/2007 on population and housing census in Romania in 2011. Emergency Ordinance 34/2011 Order no. 862/2010 approving the establishment of the National Council for Hunting Ordinance 2/2010 amending Law no. 178/2000 on cosmetic products. Ordinance no. 2/2010 HG 1214/2009 on the methodology for determination and payment of damages owed to the owners of animals cut, killed or otherwise affected in view of the rapid liquidation of animal disease outbreaks GEO. 155/2001 approving the program management of stray dogs, Emergency Ordinance 155/2001, consolidated 2009 Law. 98/2009 approving Government Ordinance no. 28/2008 on agricultural Register Law. 72/2002, livestock law Law. 191/2002, Law zoos and public aquariums Law No. 227/2002 approving Government Emergency Ordinance 155/2001 on the approval of management program strays Law amending and supplementing Law no. 205/2004 on the protection of animals, the law no. 9/2008 Order approving the Regulation on the establishment of the right of hunting wildlife management, order no. 218/2008 Statute veterinarian 2005 Order no. 523/2008 approving the Methodological Norms for applying Law no. 205/2004 on the protection of animals
Emergency Ordinance 155/2001,
which became Law 258/2013
On 20th of June, 2014 Law 258/2013 was suspended by
Bucharest Court of Appeal with immediate effect
On Friday, 20th June 2014, the Bucharest Court of Appeal ruled in favor of the international animal welfare organisation Four Paws, and suspended the Methodological Norms of the stray dogs euthanasia law. In the absence of Methodological Norms, Law 258/2013 (the Slaughter Law) no longer holds any applicable norms or legal framework to capture stray dogs, nor to issue a decision to kill them and thus became inapplicable.
The killing law came into force in October 2013, the methodology to be applied to the killing followed in December 2013. Soon after the mass killing started. Many thousands of stray dogs have been killed. Many application norms contradict laws of higher force.
“For example, according to this methodology, the local authorities could delegate the management of the stray dogs to any private company. This may open the floodgates to conflict of interests and haemorrhaging public funds”, explains Gabriel Paun, Vier Pfoten. “Another example: public access to shelters was restricted, and consequently the adoptions were largely restricted.”
With immediate effect, not only the killing of healthy dogs is illegal, but so is every action taken in the sense of capture and transport.
On July 22, 2014, the Court of Appeal in Brasov also suspends parts of the Methodological Norms for Law 258/2013
On December 16, 2014 the Court of Appeal in Brasov rules again at the request of 'Alliance against Abuses' and suspends the parts of the Norms that they had appealed
On March 20, 2015, Bucharest Court of Appeal suspends the suspension of the Norms obtained by Vier Pfoten
On November 26, 2015 Bucharest Court of Appeal definitely annuls the suspension of the Norms obtained by Vier Pfoten.
This decision has been contested by Vier Pfoten at the Supreme Court of Romania
(Source Claudiu Dumitriu)
More Animal Protection Laws
Legea 205/2004 privind protectia animalelor republicata. Legea nr. 205/2014 republicata 2014
Legea 2/2014 pentru aprobarea OUG 64/2013 privind infiintarea si acreditarea fondurilor mutuale pentru gestionarea riscurilor in agricultura si acordarea de compensatii financiare membrilor pentru pierderile economice cauzate de boli ale animalelor,
HG 570/2013 privind aprobarea Normelor metodologice pentru aplicarea prevederilor Ordonantei de urgenta a Guvernului nr. 64/2013 privind infiintarea si acreditarea fondurilor mutuale pentru gestionarea riscurilor in agricultura si acordarea de compen
OUG 64/2013 privind infiintarea si acreditarea fondurilor mutuale pentru gestionarea riscurilor in agricultura si acordarea de compensatii financiare membrilor pentru pierderile economice cauzate de boli ale animalelor, ale plantelor sau de un incide
Legea 191/2012 pentru aprobarea OUG 23/2010 privind identificarea si inregistrarea suinelor, ovinelor si caprinelor, precum si pentru modificarea si completarea unor acte normative. Lege nr. 191/2012
OUG 34/2011 pentru modificarea si completarea OG 36/2007 privind efectuarea recensamantului populatiei si al locuintelor din Romania in anul 2011. Ordonanta de urgenta 34/2011
Ordin nr. 862/2010 pentru aprobarea infiintarii Consiliului National de Vanatoare
OG 2/2010 pentru modificarea Legii nr. 178/2000 privind produsele cosmetice. Ordonanta nr. 2/2010
HG 1214/2009 privind metodologia pentru stabilirea si plata despagubirilor ce se cuvin proprietarilor de animale taiate, ucise sau altfel afectate in vederea lichidarii rapide a focarelor de boli transmisibile ale animalelor
OUG nr. 155/2001 privind aprobarea programului de gestionare a cainilor fara stapan, Ordonanta de urgenta 155/2001, consolidata 2009
Legea nr. 98/2009 pentru aprobarea Ordonantei Guvernului nr. 28/2008 privind registrul agricol
Legea nr. 72/2002, legea zootehniei
Legea nr. 191/2002, legea gradinilor zoologice si acvariilor publice
Legea nr 227/2002 pentru aprobarea OUG 155/2001 privind aprobarea programului de gestionare a cainilor fara stapan
Ordin pentru aprobarea Regulamentului privind atribuirea dreptului de gestionare a faunei cinegetice, ordin nr. 218/2008
Statut al medicului veterinar, 2005
Ordin nr. 523/2008 pentru aprobarea Normelor metodologice de aplicare a Legii nr. 205/2004 privind protectia animalelor