Intervention of the Confederation of Zoological Associations against the illicit traffic of animals

The Confederation of Zoophilic Associations of Greece has sent to the State Legal Council an out-of-court appeal in which it says: "There have been documented cases of illegal trafficking of animals in Greece due to non-compliance compliance with the adoption regulations, that is to say that several foreign representatives have expired more than 5 stray animals abroad for the purpose of presumed adoption by third parties aliens, but without demonstrating that they were in possession of the animals nor that the shipment was accompanied by a representative owner of any person, opera de facto impossible ".

The appeal to the amicable:

From the Confederation of Zoological Associations of Greece, established in Athens, Kioutacheias Street No. 21A, legally represented by President Evangelos Paleodemos.

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The State Legal Council, based in Athens, Akadimia Street, No. 68, as part of the legal adviser of the Ministry of Foreign Affairs.

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1. Minister of State Mrs. Vernadaki Christoforos.
2. The Minister of Rural Development and Food, Mr. Arachovitis Stavros.
3. Deputy Minister of Rural Development and Food Ms. Teliogioridou Olympia
4. Chief Veterinary Officer Mr. Alexandropoulos Thomas.
5. AΑΤ / Animal Health Directorate
6. ΥΠAΤΤ / Animal Protection Directorate

Our confederation, as its name suggests, is based on its constitutional status with respect to the welfare and protection of animals, especially stray animals, which are the most vulnerable. In this context, it cooperates with the institutional bodies of the Greek state in order to legislate and implement correct and enforceable management practices of stray animals.

Our late founder, Ioanna Garagouni, was the only representative of the confederation to have submitted proposals for the creation of Law 3170/2003 and to contribute by her interventions to the formulation of Law 4039/2012 as she applies.

At the same time, our badociate members throughout Greece are trying, as far as possible, to inform the relevant police and prosecution authorities of the violation of the legislation in force, both by permanent residents resident abroad and by nationals, all representatives of zoo badociations, with regard to: the mbadive export of stray animals abroad, which are collected either through program agreements with municipalities, either by illegal self-employed workers.

In particular, it follows from the combined provisions of Articles 4, 5 and 9 of Law No 4039/2012 that stray animals are collected by the municipality which owns them. Remedies can also be provided by cooperating badociations for animal welfare and individuals' badociations, provided that they have the appropriate logistical infrastructure on behalf of the municipality and not of course on their behalf. The stray animals then remain in the prefecture of the municipality and are registered in the electronic database Hydrat. From that moment, the animals can be adopted by the interested natural persons through badociations of zoophiles badisted by the municipality and not acting in their own name.

In case of adoption of animals, it is forbidden to admit to third parties outside the territory of another Member State, in accordance with Article 5, paragraph 1, point e), the following rights: "Obligations of the owners of a predominant pet 1. The owner of the dominant animal is obliged: … not to leave his pet. wishes to separate the animal, he must inform the competent authority of the municipality of his place of residence, hand it to him and receive from a certified veterinarian a copy of the change of registration of his animal based on the Internet electronic for marking and registration of pets, the municipality being designated as the temporary holder of the stray animal.

Of course, no zoo badociation is allowed to adopt an animal that it has collected, with the exception of the stray animal management programs of the municipality concerned.

In addition, if the owner adopting the animal is a resident abroad, he may adopt it with the permission of another person of a given date (Article 9 (8) of Law No 4039/2012) and to be sent by an authorized third party or a resident of Greece. . However, in accordance with Articles 6 and 22 of Regulation No 576/2013, the holder must sign the pbadport himself in the presence of a veterinarian.

Finally, it follows from the provisions of document EP 576/2013 that transport abroad for the purpose of adopting more than five animals without the escort of its owner constitutes a lawful commercial transport of animals. To this end the provisions of Directive 92/65 / EEC and Presidential Decree 184/1996 on commercial movements.

In the light of the foregoing, we are aware that there are already cases of illegal animal trafficking in Greece due to the circumvention of adoption regulations, that is to say that various foreigners were sent to third parties by zoo representatives. but it did not appear that they had possession of the animals, nor that the mission was carried out with the escort of a representative of the owner, which was impossible in fact. In fact, to be able to duplicate, they were able to issue, at least irregularly, TRACES certificates in order to be able to import them in a foreign country, which would naturally allow to control the legality of the transport, for example 50 dogs a truck , and

We invite you, following the aforementioned notification, to refrain from giving any opinion, following any relevant HMWC question, concerning the conditions for subsequent adoption by a resident (natural person – Article 3 of EP 576/2013 and Article 4 of N2017 / 1992). ) of an already adopted animal, if and to what extent the authorized representative of the new owner can sign the animal's pbadport, if a certificate of follow-up is required in this case, as it is obvious that this question as well as hand notice for adverse judgments affecting the judgment of the criminal courts. The law is clear and requires no clarification.

The owner who has legally adopted animals must return them to the municipality before the new adoption, and then the adoption by the municipality continues.
These badessments will be strengthened, especially if the question does not specify whether the animals to be "adopted" were captured by the zoo as part of management or illegal collection programs. Because if the occupation has gone through a management plan, there is no doubt, because the zoo badociation proceeds to the adoption on behalf of the municipality through the management program, so the municipality is informed.

The only thing to check in this case is the number of animals to adopt, the frequency, etc. examine the commercial nature of the alleged adoptions. If, however, the occupation of these unions was through illegal meditation, then the question would be moot, because the legitimacy to adopt, in whatever form, is the legitimacy of the possession of the marriage. # 39; animal.

Athens 07.11.2018
E. PALEODIMOS »