The Methodological Norms for the Application of the Government Emergency Ordinance No

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The Methodological Norms for the Application of the Government Emergency Ordinance No

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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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. (4) Stray dog public shelters shall be located within the range of administrative-territorial establishments which equip them, or by exception:

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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. CHAPTER IV The concession of the specialized services for the management of stray dogs

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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, 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).

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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. 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.

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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 water.

m) throw disinfecting substances on dogs or wet them during the process of 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.

CHAPTER VI

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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 dogs. 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. 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 to come to public shelters, to claim and take the dogs which they own, in 7 days from the date of the announcement.

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Art. 20. - (1) When recovering reclaimed stray dogs, the owners will pay the counter- value 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 with the 8-th working day from the moment of accommodating the dog in the shelter, if it has not been claimed yet.

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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. (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.

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(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. (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

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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) (3) The representatives of the associations and foundations for animal protection which participate in medical examination must have specialized studies.

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(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. 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

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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. (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

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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 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.

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(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. (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

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(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. 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

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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 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

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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.

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.

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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 : M F d. Color: e. Particular signs f. Waist: - small (sub 10 kg) - medium (11-20 kg) - large: (over 20 kg)

g. General state- very bad

-bad

-moderate

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-good

-very good

2. Information on capture: a. Day______Month ______Year______b. Place of capture: Region/neighbourhood______Street______

c. Hour of capture:

3. 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)

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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. clinically healthy

2. 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

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

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THE MODEL OF THE TABLE PROVIDED UNDER ART. 16. INDENT (5) OF METHODOLOGICAL NORMS

N D S A Charac Uniq Mi Obse o of ate of ex ddress teristics ue crochip/ rvations crt. capturing identificatio ear n 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 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

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-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...... /......

o 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 ...... ,

o 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 health card, sheltered by the service specialized in the management of stray dogs, under the following conditions:

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1. I shall bear the maintenance expenses in the public shelter established by the local council decision 1. 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......

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Date Mayor’s empowered person,

Name and surname

Signature

29

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