Ministerial Decree, 3 March 2015

published on 20 April 2015

Ministerial Decree implementing the Breeding Decree of 19 March 2010 on the breeding of dogs Flemish Government

Flemish Government

Agriculture and Fisheries

3 March 2015 - Ministerial Decree implementing the Breeding Decree of 19 March 2010 on the breeding of dogs.

The Flemish Minister of Environment, Nature and Agriculture,

Having regard to the Decree of 28 June 2013 on agricultural and fisheries policy, Article 40, 1°, g), and 2° ;

Having regard to the Breeding Decree of 19 March 2010, Article 2/1, Article 11(3)(8), Article 12(1)(2) and (3)(2), Article 13(4)(3), Article 14(1)(2), Article 28(3) and Article 34(2)(2), as amended by the Decree of the Flemish Government of 1 February 2013;

Having regard to the advice of the Inspection of Finance, given on 17 March 2014;

Having regard to advice 56.853/3 of the Council of State, given on 23 December 2014 and advice 57.025/3 of the Council of State, given on 19 February 2015, with application of Article 84, § 1, first paragraph, 2°, of the laws on the Council of State, coordinated on 12 January 1973,

Decision:

Art. 1. In this decree, a recognized association or organization is understood to mean: an association or organization of breeders of dogs, recognized in execution of article 3, first or fourth paragraph, of the Breeding Decree of 19 March 2010.

Art. 2. The list of breeds of dogs for which the genetic identity is compromised, as referred to in Article 2/1 of the Breeding Decree of 19 March 2010, is included in Appendix 1 to this Decree.

Art. 3. Pursuant to Article 11(3)(8) of the Breeding Decree of 19 March 2010, a recognised association or organisation of breeders of dogs belonging to a breed included in the list referred to in Article 2 of this Decree shall keep at least the following information in a central database:

  1. the name;
  2. the identification number of the animal;
  3. the date of birth of the animal;
  4. the identification number of the parents of the animal;
  5. the breed and variety of the animal;
  6. the characteristics of the animal;
  7. the results of the examinations referred to in Article 5.

The information referred to in the first paragraph, 2°, 3° and 5° must be entered as it appears on the animal's passport, issued in accordance with the Royal Decree of 25 April 2014 on the identification and registration of dogs.

Art. 4. Pursuant to Article 13, § 4, third paragraph, of the Breeding Decree of 19 March 2010, the genetic identity of all male and female breeding animals belonging to a breed included in the list referred to in Article 2 of this Decree must be determined.

Art. 5. Pursuant to Article 12(1)(2) of the Breeding Decree of 19 March 2010, male and female animals belonging to a breed included in the list referred to in Article 2 of this Decree and selected for breeding shall be subject to an examination to determine the presence of hereditary diseases.

The list of hereditary diseases to be examined is set out in Annex 2, which is attached to this Order.

In accordance with the second sentence of Article 12(1)(2) of the Breeding Decree of 19 March 2010, the breeders' association or organisation recognised for that breed is responsible for carrying out the examination and registering the result of the examination in the animal concerned. The research method she has chosen must be able to effectively detect the hereditary disease. It must be possible for the breeder or the owner of the animal to consult the result recorded at any time.

Art. 6. Pursuant to Article 12, § 3, second paragraph, of the Breeding Decree of 19 March 2010, the association or organisation recognised for that breed must process the research results, as referred to in Article 5, into information that allows breeders to assess mating combinations for the occurrence or non-occurrence of the hereditary diseases included in the list, as referred to in Article 5, second paragraph, of this Decree.

Art. 7. In implementation of Article 14, § 1, subsection 2, of the Breeding Decree of 19 March 2010, all male and female animals belonging to a breed included in the list referred to in Article 2 of this Decree, for which the result of the examination for genetic identity and hereditary disorders is registered with an association or organisation recognised for that breed, are admitted to reproduction.

Art. 8. In implementation of Article 28(3) of the Breeding Decree of 19 March 2010, the following information must be included in the pedigree certificate for the breeds included in the list referred to in Article 2 of this Decree:

  1. as Title: Pedigree certificate;
  2. as subtitle:  in accordance with the Breeding Decree of 19 March 2010;
  3. the name of the recognised association or organisation which issued the certificate;
  4. the name of the studbook;
  5. the breed;
  6. the sex;
  7. the serial number in the studbook;
  8. the date of issue of the certificate;
  9. the method of identification;
  10. the identification number;
  11. the date of birth;
  12. the name and address of the breeder;
  13. the name and address of the owner;
  14. the pedigree, each with the name and the serial number in the studbook of:
    • a) father;
    • b) father's father;
    • c) father's mother;
    • d) mother;
    • e) mother's father;
    • f) mother's mother;
  15. in the case of pregnant females, the identification number of the male and the date of mating or insemination with his semen;
  16. the conditions under which the results of the examinations referred to in Article 5 may be made available;
  17. the name and title of the signatory, the date and place of issue of the certificate and the signature of the person authorised by the recognised association or organisation issuing the certificate.

Art. 9. In implementation of Article 34, § 2, second paragraph, of the Breeding Decree of 19 March 2010, the deck certificate shall contain at least the following information:

  1. as title: Mating certificate;
  2. as subtitle: in accordance with the Breeding Decree of 19 March 2010;
  3. with regard to the male:
    • a) the identification number;
    • b) the name and address of the owner of the dog;
    • c) the name of the recognised association or organisation which has allowed the male to reproduce;
  4. in respect of the bitch covered:
    • a) the identification number of the bitch;
    • b) the name and address of the owner of the bitch;
    • c) the name of the recognised association or organisation with which the bitch is registered or recorded;
  5. with regard to the delivery of the mating certificate:
    • a) the date of issue of the mating certificate;
    • b) the indication “certified true and fair” followed by the signature of the owner of the male;
    • c) the words “certified true and fair” followed by the signature of the holder of the bitch.

The details mentioned in the first paragraph, 3°, a) and b), and 4°, a) and b), must be mentioned as they are included in the passport of the dog, delivered in accordance with the Royal Decree of 25 April 2014 on the identification and registration of dogs, on the date of mating.

Brussels, 3 March 2015.

The Flemish Minister of Environment, Nature and Agriculture,
Joke Schauvliege

Appendix 1. List of dog breeds for which genetic diversity is at risk as referred to in Article 2

  1. Australian Shepherd
  2. Griffon Belge
  3. Bichon Frise
  4. Border Collie
  5. Boxer
  6. Griffon Bruxellois
  7. Cavalier King Charles Spaniel
  8. Golden Retriever
  9. Belgian shepherd Groenendael
  10. Irish Setter
  11. Petit Brabançon
  12. Labrador Retriever
  13. Belgian shepherd Laekenois
  14. Belgian shepherd Malinois
  15. Continental Toy Spaniel Phalène
  16. Rottweiler
  17. Schipperke
  18. Bloodhound
  19. Belgian shepherd Tervuren
  20. Bouvier des Flandres
  21. Continental Toy Spaniel Papillon

Considered to be annexed to the Ministerial Decree of 3 March 2015 implementing the Breeding Decree of 19 March 2010 on the breeding of dogs. Brussels, 3 March 2015.

The Flemish Minister of Environment, Nature and Agriculture,
Joke Schauvliege

Appendix 2. Lijst van de erfelijke aandoeningen waarvoor een onderzoek moet worden uitgevoerd, vermeld in artikel 5, tweede lid Bij de volgende rassen moet de aanwezigheid van de vermelde erfelijke gebreken worden onderzocht.

  1. Australian Shepherd:
    • a) Cataract
    • b) Epilepsy
    • c) Hip dysplasia
    • d) Multidrug Resistance 1 (MDR1)
  2. Griffon Belge:
    • a) Chiari-like malformation and Syringomyelia
    • b) Epilepsy
    • c) Hip dysplasia
    • d) Patellar luxation
  3. Bichon Frise:
    • a) Epilepsy
    • b) Hip dysplasia
    • c) Patellar luxation
  4. Border Collie:
    • a) Collie Eye Anomaly
    • b) Hip dysplasia
  5. Boxer:
    • a) Arrhytmogenic Right Ventrical Cardiomyopathy (ARVC)
    • b) Degenerative myelopathy
    • c) Subaortic stenosis
  6. Griffon Bruxellois:
    • a) Chiari-like malformation and Syringomyelia
    • b) Epilepsy
    • c) Hip dysplasia
    • d) Patellar luxation
  7. Cavalier King Charles Spaniel:
    • a) Chiari-like malformation and Syringomyelia
    • b) Epilepsy
    • c) Mitral Valve Disease (MVD)
  8. Golden Retriever:
    • a) Cataract
    • b) Elbow dysplasia
    • c) Epilepsy
    • d) Hip dysplasia
  9. Belgian shepherd Groenendael:
    • a) Epilepsy
    • b) Hip dysplasia
  10. Irish Setter:
    • a) Cardiomyopathy
    • b) Epilepsy
    • c) Rod Cone Dystrophy 1 / Progressive Retina Atrophy
    • d) Rod Cone Dystrophy 4
  11. Petit Brabançon:
    • a) Chiari-like malformation and Syringomyelia
    • b) Epilepsy
    • c) Hip dysplasia
    • d) Patellar luxation
  12. Labrador Retriever:
    • a) Elbow dysplasia
    • b) Epilepsy
    • c) Hip dysplasia
    • d) Progressive Rod Cone Degeneration
  13. Belgian shepherd Laekenois:
    • a) Elbow dysplasia
    • b) Epilepsy
    • c) Hip dysplasia
  14. Belgian shepherd Malinois:
    • a) Elbow dysplasia
    • b) Epilepsy
    • c) Hip dysplasia
  15. Continental Toy Spaniel Phalène:
    • a) Epilepsy
    • b) Mitral Valve Disease (MVD)
    • c) Patellar luxation
    • d) Progressive Retina Atrophy (PRA)
  16. Rottweiler:
    • a) Dilated Cardiomyopathy
    • b) Elbow dysplasia
    • c) Hip dysplasia
    • d) Osteo chondritis dissecans (OCD)
  17. Schipperke:
    • a) Epilepsy
    • b) Legg-Calvé-Perthe's disease (LPD)
    • c) Progressive Retina Atrophy (PRA)
  18. Bloodhound:
    • a) Aortic stenosis
    • b) Hip dysplasia
  19. Belgian shepherd Tervuren:
    • a) Elbow dysplasia
    • b) Epilepsy
    • c) Hip dysplasia
  20. Bouvier des Flandres:
    • a) Elbow dysplasia
    • b) Epilepsy
    • c) Hip dysplasia
    • d) Subaortic stenosis
  21. Continental Toy Spaniel Papillon:
    • a) Epilepsy
    • b) Mitral Valve Disease (MVD)
    • c) Patellar luxation
    • d) Progressive Retina Atrophy (PRA)

Considered to be annexed to the Ministerial Decree of 3 March 2015 implementing the Breeding Decree of 19 March 2010 on dog breeding. Brussels, 3 March 2015.

The Flemish Minister of Environment, Nature and Agriculture,
Joke Schauvliege