Document 174 - Amendment to the Act on the Protection of Animals against Cruelty – RJ

Scope: pages 1–4.

The amendment repeals points 2, 3, and 4 of the main amendment—that is, the section introducing mandatory neutering of abandoned and stray cats by municipalities. The sponsors argue that the provision is unclear, particularly in distinguishing between abandoned, stray, and ownerless cats, and could lead to disputes, such as when interfering with the ownership of pets. They also emphasize that the EU has already approved rules aimed at mandatory microchipping and registration of cats, so they believe national legislation should wait for those rules to be implemented. The proposal further criticizes the lack of preparedness in terms of capacity and the shifting of unquantified costs to municipalities without compensation.

Scope: Part One–Part Four; § 13b–§ 1048; pages 1–5.

The amendment repeals the obligation of municipalities to pay for the spaying or neutering of abandoned and stray cats, to mark them by ear-tipping, and to carry out a program for their capture, spaying or neutering, and return. It also deletes the amendment to the Civil Code under which a municipality would acquire ownership of a found abandoned animal, as well as the related special provisions on its effective date. The reasons for this are legal ambiguities, the risk of disputes, and the undue financial and organizational burden on municipalities.

Scope: Part One–Part Four; § 13b–§ 1048; pages 1–3.

The amendment removes the obligation of municipalities to arrange for and pay for the spaying or neutering of abandoned and stray cats, their identification, and repeated programs of trapping, spaying or neutering, and return. It also repeals the proposed automatic transfer of ownership of a found abandoned animal to the municipality and the related special provisions regarding its effectiveness. The reasons for this are legal ambiguities and the unaddressed financial and organizational impacts on municipalities; a solution is to be left to a future amendment aligned with European regulations.

Scope: Part Four; Sections 2a–35; pages 1–5.

The amendment supplements the Animal Protection Act amendment with changes to the Act on Organic Farming, specifically the rules for assessing mobile and rotational livestock farming systems. Inspections are to assess the actual conditions of husbandry and its impacts on animals, soil, water, and vegetation, rather than unreasonably requiring specific technical solutions; however, binding EU minimum requirements remain unaffected. Before a certification is denied or restricted, an organic farmer should be given the opportunity to correct a remediable deficiency or demonstrate an equivalent solution. The ministry is to issue more detailed rules within 90 days, and mobile or rotational farming operations that were recently rejected may request a new assessment free of charge.

Scope: Section 25; pages 1–5.

The amendment adds a provision to the Animal Protection Act stipulating that documents in an administrative file that reveal the identity of a person who filed a complaint prompting an inspection or the initiation of proceedings may not be disclosed. This is intended to protect whistleblowers—particularly neighbors of animal owners—from retaliation and to encourage the reporting of suspected animal abuse. The restriction applies only to information necessary to keep the whistleblower’s identity confidential; the other rights of the parties to the proceedings and the rules of evidence remain unchanged.

Scope: Section 28c; pages 1–5.

The amendment changes the starting point of the 20-day period for initiating administrative proceedings following a decision on temporary foster care for an abused animal. The period will no longer begin with the issuance of this decision, but rather upon delivery of the expert opinion from the regional veterinary administration to the municipality with extended powers; its duration remains 20 days. The change is intended to allow municipalities to initiate proceedings only once they have the necessary binding veterinary documentation and to limit reductions in reimbursement for the costs of caring for seized animals.

Scope: Part One; Section 13b; pages 1–5.

The amendment relaxes the originally mandatory requirement for municipalities to spay or neuter all unspayed or unneutered stray and ownerless cats and to repeatedly carry out trapping, spaying or neutering, and return. Municipalities are now required to ensure the availability of a spaying and neutering program or a similar measure in accordance with local conditions; they will determine the scope of the program themselves and may collaborate with veterinarians, animal shelters, associations, or other municipalities. Spaying and trapping may only be performed by qualified professionals; the municipality covers the costs of spaying, and spayed cats may be marked with a notch or by removing the tip of an ear before being returned or released in a suitable location.

Scope: § 5i–§ 27a; pages 1–5.

The proposed amendment prohibits the sale of live fish intended for consumption by the end consumer; fish must be killed before sale. Violation of this obligation is now classified as an administrative offense committed by legal entities and self-employed individuals. The proposal justifies the change by citing the need to protect fish from stress, suffering, and improper killing after sale.

Scope: Sections 25–28c; pages 1–5.

The amendment adds rules regarding animals placed in shelters whose owners have failed to care for them for an extended period. The municipal office will be able to transfer ownership of an animal to the state by decision if the owner does not claim the animal after the obstacle has been removed and does not respond to a summons, or if the animal has been in the shelter for at least six months and the owner has not paid for its care for at least three months. Notices must be delivered in person, and the owner may demonstrate that there are reasons beyond their control; mere detention or serving a sentence is not sufficient. The transfer of ownership does not relieve the original owner of the obligation to pay the care costs incurred to date.

Scope: Part One–Part Two; § 4–§ 348; pages 1–4.

The proposed amendment adds a provision to the amendment to the Veterinary Act intended to curb the illegal breeding and sale of dogs. For newborn dogs, the existing requirement to record the microchip number in the standard vaccination certificate is being changed: the number must be recorded in the animal’s passport before sale or transfer, no later than three months of age. As a public document, the pet passport is intended to make it more difficult to forge documents and to strengthen veterinary inspections and oversight of breeding operations.

Scope: Part Two; Section 4; pages 1–5.

The amendment modifies the Veterinary Act so that the requirement to microchip dogs now also applies to breeders, suppliers, and users of laboratory animals. Their existing exemption from the electronic identification of dogs is repealed; exemptions for law enforcement and security agencies remain in effect. The goal is to establish a uniform and verifiable registry of laboratory dogs, reduce the risk of animal mix-ups, and use a less painful method of identification.

Scope: Part One; Section 5e; pages 1–4.

The amendment extends the requirement for video surveillance at slaughterhouses to all areas where live animals are present, including holding pens, stunning, and bleeding. It eliminates the exemption for holding pens as well as for slaughterhouses that slaughter poultry, rabbits, and hares. Slaughterhouse operators are now required to retain video recordings and their backups for 90 days instead of 30, so that veterinary authorities have more time to investigate possible cruelty.

Scope: Sections 27b–28; pages 1–5.

The amendment tightens penalties for animal cruelty and aligns them with the main amendment. When imposing a ban on animal breeding, the offender’s prior convictions are to be taken into account for a period of 5 years instead of 3 years. For legal entities, the maximum duration of the ban on activities is extended from 5 to 10 years.

Scope: Part One–Part Four; § 14c–§ 27a; pages 1–4.

The amendment introduces mandatory castration or vasectomy of adult males of selected large felines and their hybrids outside of licensed zoos and conservation breeding programs. The breeder must document the procedure with records, a veterinary certificate, and photographs; in the case of a vasectomy, a histological examination is also required, although the regional veterinary administration may grant a postponement or exemption for health reasons. Failure to comply with these obligations is now punishable by fines of up to 400,000 CZK for individuals and up to 1,000,000 CZK for businesses or legal entities; a two-year transition period applies to adult males already in captivity. The proposal also corrects the numbering of related provisions and the reference to the effective date from Part Two to Part One.

Scope: Part Four; Sections 4–64; pages 1–3.

The proposed amendment prohibits burrowing hunting—that is, hunting by releasing a dog into a burrow or digging game out of a burrow. It also prohibits the breeding and use of red foxes in captivity for the training and testing of hunting dogs; violations will constitute a misdemeanor for both individuals and legal entities. It repeals the existing special permit for the temporary possession of foxes for training purposes, but retains already valid permits for breeding, without the possibility of using the foxes for training. The bill justifies the change by citing the need to protect both foxes and hunting dogs from suffering and the possibility of replacing burrow hunting with other methods of game population control.

Scope: Part One–Part Four; § 4; pages 1–4.

The amendment strengthens the protection of birds against surgical wing mutilation that prevents flight. The existing ban is amended such that the procedure will be permitted, in exceptional cases, only for birds younger than three days and only for flamingos, pelicans, and wading birds; for other birds, this repeals the existing general exception for chicks. The proposal also sets the effective date of the main law as January 1, 2027, and establishes specific deadlines for selected provisions.

Scope: Part One–Part Five; § 14–§ 7; pages 1–9.

The amendment prohibits burrowing—that is, hunting game underground using dogs or digging out game to kill it—as a form of animal cruelty. It also prohibits the keeping of red foxes in captivity, with limited exceptions, and repeals the special permit for their temporary possession for the purpose of training hunting dogs; existing permits remain valid, but foxes may no longer be used for training under those permits. The goal is to reduce stress and injuries to both foxes and dogs and to support the natural role of foxes in rodent control.

Scope: Part One–Part Five; § 7–§ 14; pages 1–9.

The proposed amendment prohibits burrowing for red foxes, i.e., hunting underground by releasing dogs into burrows or digging out the animals for the purpose of killing them. It also prohibits the keeping of foxes in captivity, with exceptions for cases where a hunting permit is not required. Existing permits to keep foxes for dog training remain formally valid, but will no longer allow for such training; the special provisions of the Hunting Act governing these permits are also repealed.

Scope: Section 14a; pages 1–5.

The amendment tightens the exception allowing the import of selected carnivores and great apes into the Czech Republic for breeding in a licensed zoo. Under the new rules, the animals must be kept in permanent care for at least 24 months to prevent opportunistic short-term transfers followed by export. Earlier transfers abroad or to an unlicensed facility will be permitted only with authorization from the Ministry of the Environment for serious reasons, such as health or rescue programs.

Scope: Part One–Part Two; § 28a–§ 81b; pages 1–18.

The amendment clarifies the protection of abused animals, particularly the procedure for their removal and temporary foster care during criminal proceedings. Upon written referral of an animal by law enforcement authorities, the municipal office with extended jurisdiction must immediately order care for the animal, cover the costs of such care from the moment the animal is taken into custody, and may also arrange for care at the breeder’s premises. The costs are now to be covered by the person ordered to provide care; if the full advance payment is not made within 30 days, the animal may be transferred to the state or seized. The bill replaces the term “offender” with the neutral term “person against whom proceedings are being conducted” and regulates the transfer of abused animals from criminal proceedings to municipalities.

Scope: Part Four; Section 45; pages 1–3.

The amendment adds to the Game Hunting Act a prohibition on hunting red foxes underground in natural burrows with the aid of a hunting dog. The existing closing punctuation mark at the end of the list of prohibited hunting methods is changed to a comma so that a new prohibition can be added. The aim is to restrict burrow hunting, which, according to the explanatory memorandum, does not guarantee the swift killing of the fox.

Scope: Part One–Part Four; Section 13b; pages 1–2.

The amendment repeals the provisions governing the mandatory neutering of abandoned and stray cats, their identification by ear notching, and recurring municipal programs for trapping, neutering, and returning them. It also repeals the proposed change regarding the transfer of ownership of a found animal to the municipality and the related deferred effective date of one year. The sponsors cite legal uncertainty, the risk of disputes, and costs not covered by municipalities; they propose postponing a solution until a future amendment, particularly in connection with the microchipping of cats.

Scope: Part Three; Section 1048; pages 1–3.

The amendment deletes the section of the bill that would amend the Civil Code. Consequently, the rule under which a municipality immediately acquires ownership of a found abandoned animal upon notification of the find will not be implemented; the exception for feral cats is also eliminated. The proposers refuse to transfer the costs, care, and responsibility for found animals to municipalities without prior debate and secured funding.

Scope: Part One; Section 13b; pages 1–2.

The amendment changes the funding of mandatory spay-and-neuter programs for stray and ownerless cats. Instead of municipalities, the state is to cover the costs, which are to be spent efficiently, from the state budget through the Ministry of Agriculture. The goal is to avoid burdening small municipalities in particular with a new obligation that is financially difficult to predict and to ensure uniform conditions for regulating the cat population.

Scope: Part One–Part Six; § 3–§ 2; pages 1–3.

The amendment supplements the main bill with comprehensive rules for free-roaming cats: municipalities are to ensure their identification, veterinary care, spaying or neutering, microchipping, registration, and, depending on the circumstances, return or rehoming. Mandatory microchipping and central registration will shift from the current system for dogs to a system covering both dogs and cats; breeders and veterinarians will also record data on changes in ownership and the spaying or neutering of cats. Starting in 2030, municipalities may introduce a fee for dogs and cats, though properly microchipped, registered, and neutered cats will be exempt from the fee; at the same time, the Civil Code now excludes the automatic acquisition of ownership of a found animal by a municipality.

Scope: Section 13b; page 1.

The amendment adds the state’s liability for the accidental sterilization of a cat in a pet-owning household during municipal regulation of the cat population, provided that the cat could not be reliably identified. Damages, non-pecuniary harm, and reasonably incurred costs—including court costs—are to be covered by the Ministry of Agriculture, not the municipality. The proposal thus shifts the financial risk of such errors from municipal budgets to the state.

Scope: Section 13b; pages 1–4.

The amendment specifies that the cost of neutering abandoned cats and stray cats is to be covered by the municipality in whose cadastral territory the cat is located. This is intended to resolve disputes between municipalities and confirm that the obligation applies regardless of the ownership of the land where the cat is located. The proposal follows the change in the regulation from “stray and abandoned animals” to a provision that explicitly includes animals without an owner and is intended to support widespread spaying and neutering programs.

Scope: Part One; Section 13b; pages 1–5.

The amendment extends the municipality’s obligation to permanently identify abandoned cats and cats without owners—an obligation that has thus far applied only to stray and abandoned dogs. The municipality is to cover the cost of microchipping or tattooing; if the owner is identified, the owner will reimburse the municipality for the costs. The new measure is proposed to take effect on January 1, 2028, and in the provision on effective date, the reference is changed from Part Two to Part One.

Scope: Part Four; Sections 5e–20; pages 1–4.

The amendment establishes a central registry of video recordings from slaughterhouses, to be maintained by the Ministry of Agriculture, in order to strengthen oversight of the treatment of animals during slaughter. Slaughterhouse operators will submit records to the registry monthly and retain them for 3 years, instead of the current 30 days; legal entities focused on animal protection will also be able to access the records. It is proposed to postpone the effective date of the new provisions governing the registry to January 1, 2028, while correcting the reference to the section of the law whose selected provisions take effect earlier.

Scope: Section 28c; pages 1–6.

The amendment introduces an expedited transfer of ownership of an abused animal to the state as soon as temporary foster care is ordered. The municipal authority with extended powers will decide on this matter upon a proposal from the regional veterinary administration if the animal is being kept in conditions that cause suffering and the owner is failing to fulfill their obligations; an appeal will not have suspensive effect. The goal is to find a permanent home for the animal more quickly—particularly in cases involving illegal breeding operations—and to reduce municipalities’ costs for long-term care. The existing paragraphs will be renumbered, and the new procedure will apply to cases of preliminary foster care initiated after the amendment takes effect.

Scope: Sections 16a–16d; pages 1–11.

The amendment tightens the conditions for approving experiments on dogs and cats. The applicant will be required to provide a detailed scientific justification explaining why other animals or alternative methods cannot be used, and to submit a plan and evidence of past results regarding the placement of animals in pet homes after the experiments. The decision to approve an experiment will now have to justify the use of dogs or cats and specify whether they will be placed in pet homes after the experiment ends, or, if not, why this is not possible. The proposal does not introduce a ban on these experiments, which, according to the explanatory memorandum, would be incompatible with European Union law.

Scope: § 14a–§ 28a; pages 1–4.

The amendment addresses the illegal breeding of certain carnivores and great apes in private breeding facilities. The breeder must, at their own expense and no later than 24 months after birth, spay or neuter any animal born in violation of the breeding ban. A municipal authority with expanded powers will also be able to order the breeder to perform the same procedure on an animal that was bred unlawfully, with the breeder bearing the costs.

Scope: Part Two; Sections 6–6a; pages 1–3.

The amendment introduces a legal obligation for the Czech Police to establish a specialized unit for detecting and investigating crimes committed against animals. This specialization is to focus primarily on animal cruelty, poaching, and the illegal handling of endangered animals, their parts, and products, such as ivory or furs. It will include methodological guidance, regular training for police officers, and cooperation with veterinary, natural science, and customs authorities; its organizational structure will be determined by the Police President. The proposal does not establish a new police unit or grant new enforcement powers, but rather supplements the main proposal by providing the professional framework necessary for more effective interventions.

Scope: Part Four; Section 45; pages 1–5.

The amendment adds to the Game Management Act a prohibition on hunting red foxes underground in natural burrows with the aid of a hunting dog. However, the state game management authority may grant an exemption from this prohibition when regulating game populations, for example, for reasons of nature conservation, scientific research, or the prevention of disease spread. The proposal aims to limit fox burrowing without hindering the targeted regulation of predators in justified cases.

Scope: Section 5f; pages 1–5.

The amendment changes the rules governing the religious slaughter of animals at slaughterhouses. It repeals the requirement that slaughterhouse operators stun animals with an electric current during such slaughter, thereby aligning these conditions with those of churches and religious organizations. It specifies the requirements for applications and allows a training facility to certify the professional competence of the person performing the slaughter; if a slaughterhouse fails to submit a religious certification of the slaughter procedure, the Ministry shall issue it. Existing valid permits for religious slaughter remain in effect for the period specified therein.

Scope: Part Two–Part Three; § 2da–§ 4h; pages 1–3.

The amendment ties subsidies intended directly for improving the living conditions of farm animals to compliance with animal welfare rules. Farmers who have been legally found guilty of cruelty or a serious violation of their obligations as livestock keepers will have their subsidies reduced; in cases of particularly serious or repeated cruelty, no subsidies will be provided at all, and any portion already paid may be recovered. The amendment introduces the reporting of data on violations to the Fund, a non-public ten-year record-keeping system, and protection against the retroactive application of rules to past acts, obligations, and applications.

Scope: Part Two; Section 40; pages 1–2.

The amendment deletes the entire section of the bill that was intended to expand the authority of the Czech Police to enter a residence on suspicion of animal cruelty. This preserves the current scope of police powers, while the amendment supports other measures to strengthen animal protection. The sponsor justifies the change by citing the protection of the inviolability of the home and privacy, as well as concerns about the misuse of unverified reports.

Scope: Part One; Sections 28c–28ca; pages 1–3.

The amendment introduces pre-adoption care for animals placed in temporary foster care if it is expected that they will be forfeited, confiscated, or subject to other measures. A municipal authority with extended powers may entrust an animal to a suitable person, who is obligated to provide care, allow for inspections, and not transfer or breed the animal without the authority’s consent. Ownership does not transfer during the care period; if the animal is transferred to the state, the proper caretaker has the priority right to a transfer free of charge, provided it is in the animal’s best interest.