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The purified text of the Animal Welfare Act includes the following regulations:

The Animal Welfare Act (“Official Gazette of Montenegro,” No. 014/08, dated 29.02.2008),

The Law on Amendments to the Law on the Prescribed Monetary Penalties for Offenses (“Official Gazette of Montenegro,” No. 040/11, dated 08.08.2011),

The Law on Amendments to the Animal Welfare Act (“Official Gazette of Montenegro,” No. 047/15, dated 18.08.2015), which indicates their date of entry into force.

LAW

ON THE PROTECTION OF ANIMAL WELFARE

(“Official Gazette of Montenegro,” No. 014/08, dated 29.02.2008, 040/11, dated 08.08.2011, 047/15, dated 18.08.2015)

1. GENERAL PROVISIONS

Subject of the law

Article 1

This law regulates the rights, obligations, and responsibilities of legal and natural persons for the protection of animal welfare, which are bred or kept for production, free from unnecessary pain, suffering or injury, protection during slaughter, slaughtering and transportation, performing procedures on animals, conducting experiments, and other issues of importance for animal welfare.

Application of the law

Article 2

This law applies to all animals, particularly:

Animals bred and reproduced for the production of food, wool, leather, fur, and other commercial purposes (hereinafter referred to as production animals);

Pets;

Abandoned, lost, and dangerous animals;

Animals in zoos, shelters, or breeding facilities;

Animals in circuses and other performances;

Animals used in experiments.

This law does not apply to embryonic and fetal developmental stages of animals.

This law does not apply to the management of hunting grounds, except for the breeding and keeping of animals used for hunting assistance.

This law does not apply to fishing.

Meaning of terms

Article 3

Some terms used in this law have the following meaning:

1. Animal means any vertebrate, except humans, which is capable of feeling pain, suffering, fear, and stress;

• Production animal means any animal (including fish, reptiles, or amphibians) that is bred or kept for the purpose of producing food, wool, leather or fur or for other production purposes;

• Animals whose survival is directly dependent on humans are production animals, experimental animals, pets, and animals kept in circuses, zoos, shelters, or breeding centers;

• Lost animal means an animal that the holder lost involuntarily;

• Abandoned animal means an animal that has no home or is outside of it, deprived of the care and attention of the holder, which he has consciously abandoned;

• Pets are animals that are bred or raised for recreation, protection, or assistance to humans (dogs, domestic cats, exotic and ornamental birds, small rodents, terrarium, aquarium, and other animals);

• Pet stores are stores that sell pets, pet food, and pet supplies;

• Pet grooming and beautification facility is a facility for hygiene and beautification of animal skin, fur, and nails;

• Dangerous animal means an animal that can endanger the environment or humans due to its nature or aggressiveness;

1. Pet breeding facility is a facility in which pets are kept and reproduced for commercial purposes;

1. Shelter for abandoned animals (pets) is a space with facilities in which found (abandoned and lost) animals are temporarily or permanently accommodated for further care and possible adoption;

1. Pet boarding facility is a place with facilities in which the holder temporarily places the pet for a fee;

1. Working animals are animals used to assist humans (guard dogs, assistance dogs for disabled persons, hunting dogs, horses, and other animals used by humans);

1. Service animals are animals trained and used to perform tasks for certain state authorities (police dogs and horses);

1. Foreign (allochthonous) animal species are animal species that live in an ecological system different from the system they originate from;

1. Experimental animal means any living vertebrate, except humans, invertebrates, their developmental forms, intended for conducting experiments;

1. Experiment means any procedure or operation on animals carried out for scientific research or educational purposes that may cause pain, suffering, permanent injury, or death to the animal;

1. Zoo is a space with facilities where domestic and wild animals are kept or reproduced for the preservation of endangered species and for public display for at least seven days a year for the purpose of promoting biological education and awareness.

1. Circuses are performances with animals organized by legal or physical entities, in which animals participate for the entertainment of the audience;

• The owner or keeper of animals is a legal or physical entity or a person who is responsible or tasked with the care of animals, permanently or temporarily;

• The transporter is any legal or physical entity that transports animals on its own behalf or on behalf of another person;

• Transportation is the movement of animals by one or more means of transport, including loading, unloading, transshipment, and rest of the animals until unloading at the destination;

• Means of transport are road and rail vehicles, ships, and airplanes (aircraft) used for animal transport;

• An animal attendant is a person who accompanies an animal during transport and is directly responsible for the welfare of the animals being accompanied;

• The duty of care of a good owner is to provide conditions for the animal that satisfy its basic needs (adequate quantities of quality food and water, space for movement, rest and shelter, suitable microclimatic and hygienic living conditions, preservation of physical, psychological, and genetic integrity, undertaking and implementing preventive, diagnostic, hygienic, therapeutic, and other measures to preserve the animal’s health status, preventing injuries, illnesses of various causes, stress, pain, suffering, fear, and death);

• Good veterinary practice (hereinafter: GVP) are standards of ethical and professional behavior of veterinarians;

• An intervention is any procedure carried out on an animal to prevent or treat diseases and injuries, or to alter the physical, psychological, or genetic integrity of the animal;

• Analgesia is a procedure for reducing or eliminating the feeling of pain in animals, which is carried out using analgesics, without loss of consciousness;

• Anesthesia is a procedure for eliminating the feeling of pain in animals, which is carried out by local or general anesthetics;

• Stunning is any intentional procedure that leads to loss of consciousness and sensitivity to pain, including a procedure that leads to immediate death;
• 30a) Animal cruelty is any action or inaction towards animals that intentionally or negligently causes pain, suffering, fear, stress, injury, impairs the genetic integrity of the animal, and causes death, including:

• Physical animal cruelty that impairs the physical integrity of the animal by damaging its tissues and organs, such as beating, kicking, whipping, sexual violence, forcing animals to work or train beyond their endurance, inappropriate methods of capture and restraint, conducting interventions and experiments on animals contrary to the provisions of this law, and deliberately reproducing individuals suffering from hereditary diseases, if it is not done for experimental purposes in accordance with the law;
• Psychological animal cruelty that impairs the animal’s psychological integrity and can cause or cause behavioral disorders, such as preventing the animal from satisfying its basic needs in behavior, using space for rest and shelter, enraging the animal by applying physical or psychological violence, isolating the animal from its social environment, and performing experiments on animals contrary to the provisions of this law.

1. ANIMAL WELFARE PROTECTION

Care for Animals

Article 4

Everyone who meets the conditions for the protection of the life and welfare of animals in accordance with this Law has the right to keep animals.

Everyone is obliged to take care of animals, especially those whose survival depends directly on them.

The animal owner is obliged to treat the animal as a good host and to provide it with living conditions that correspond to its species, breed, gender, age, physical, biological, and production-specific characteristics, behavioral traits, and health condition.

The animal owner is responsible for the life and welfare of the animal, as well as for the damage it may cause to other persons or animals.

The animal owner is obliged to prevent the animal from endangering the life, safety, or property of another person, as well as the life and safety of another animal.

Obligation to provide assistance

Article 5

A person who injures an animal must provide it with assistance, and if unable to do so alone, is obliged to ensure that the animal receives assistance.

The animal owner is obliged to provide veterinary assistance in case of injury, illness, and difficult animal birth.

Prohibition of torture and killing of animals

Article 6

Deleted. (Law on Amendments to the Law on Animal Welfare Protection, “Official Gazette of Montenegro”, no. 47/15)

Animal Cruelty

Article 7

Deleted. (Law on Amendments and Supplements to the Law on Animal Welfare, “Official Gazette of Montenegro”, no. 47/15)

Prohibited Actions for Animal Protection

Article 8

The following are prohibited:

1. abandoning domestic animals, pets or bred wild animals and other animals kept under supervision;

1a) torturing animals;

• killing animals, except in cases and in the manner prescribed by this law;
• breeding animals in a way that causes them pain, suffering, and fear, and intentionally injuring them;
• increasing animal aggression through selection or other methods;
• inciting animals to attack other animals or humans, or training them to be aggressive, except during the training of official dogs under the guidance of trained individuals;
• training animals for fights, organizing animal fights or fights between animals and humans, participating in them, promoting and organizing betting, and participating in betting;
• giving live animals as prizes in games of chance;
• using technical devices, aids, or devices that inflict punishment on animals’ behavior, including spiked collars or means of training using electric shock or chemical substances, except during the training of official and hunting dogs, in accordance with the law;
• organizing dog races on hard surfaces;
• giving stimulants or other prohibited substances to animals to enhance their performance in sports competitions and performances.
• Using prohibited stimulants and substances for the purpose of faster growth and development of animals;
• Using animals for circus and other performances, film and television shootings, advertising messages or promotions, exhibitions or competitions, if it forces them into unnatural behavior or causes pain, suffering, injury, or fear in animals;
• Forcing animals to behave in ways that cause them pain, suffering, injury, or fear, or habituating animals to unnatural forms of behavior;
• Exposing animals to unfavorable temperatures and weather conditions, contrary to zoohygienic standards for a particular species or lack of oxygen;
• Giving animals food or substances whose intake causes pain, suffering, injury, fear, or death;
• Forcing animals to take certain substances or food, unless prescribed by a veterinarian for veterinary health purposes or if scientifically justified;
• Neglecting animals with regard to their health, accommodation, nutrition, and care;
• Severing sensitive parts of the bodies of live animals, except for the purpose of protecting animal health, for zootechnical or experimental purposes;
• Using prohibited traps for catching animals;
• Feeding animals other live animals, except where unavoidable or as the only means of feeding that animal;
• Using live animals as bait in hunting or for animal training;
• Restricting the movement of animals in a way that causes them pain, suffering, injury, or fear;
• Stunning, slaughtering, or killing animals for ritual purposes;
• Releasing into the wild a reproduced or domesticated wild animal if it has not been prepared for survival in such a habitat, in accordance with the law;
• Reproducing animals with inherited disorders that endanger their welfare or the welfare of their offspring, except in the case of induced mutations, in accordance with this law, as well as reproduction of animals that have not reached sexual maturity;
• Subjecting, enabling, or allowing animals to undergo interventions that are carried out without expert care and humanity and contrary to the rules of good veterinary practice. The conditions and methods of training official dogs and horses are prescribed by the ministry responsible for internal affairs in cooperation with the ministry responsible for defense and the ministry responsible for veterinary affairs (hereinafter: the Ministry).

IV. PROTECTION OF ANIMALS DURING HEALTH PROTECTION AND ZOOTECHNICAL PROCEDURES

Article 9

A procedure on an animal that disrupts the physical, psychological, or genetic integrity of the animal may only be performed by a veterinarian, and in scientific research and biomedical purposes by an authorized scientific worker, in accordance with this law.

Surgical and zootechnical procedures on animals, except in cases from paragraph 3 of this article, must be performed with the use of anesthesia, and in the postoperative period with analgesia, in accordance with the rules of veterinary profession.

Procedures on animals without the use of anesthesia can be performed in the following cases:

1. if anesthesia can cause the death of the animal;
2. when marking animals;
3. when conducting certain diagnostic procedures-tests in accordance with professional rules;
4. if anesthesia causes greater pain than the procedure itself;
5. if it is contraindicated by experimental results that are to be determined by the experiment.

Procedures and measures related to procedures on animals performed by veterinarians must comply with good veterinary practice (GVP).

Prohibition of procedures on animals

Article 10

It is forbidden to perform procedures on animals to change the appearance or identity of the animal, to hide physical defects and age, or to perform partial or complete amputation of certain parts of the animal’s body, especially:

1. tail docking and shortening in all animals, except in piglets under eight days old;
2. ear cropping;
3. vocal cord removal (devocalization);
4. declawing and removing venomous teeth;
5. painful horseshoeing of equines;
6. shortening of poultry beaks, except when done to prevent greater losses and illnesses in breeding and reproduction;
7. castration of rams with elastic rings;
8. interventions on male genital organs, except castration;
9. branding of sheep and cattle;
10. tongue clipping of calves;
11. horn clipping of calves and kids;
12. disabling roosters from crowing;
13. interventions on poultry that prevent them from using wings, except for trimming wing feathers;
14. interventions on poultry that impair vision.

Exceptionally, procedures on animals may be performed in the following cases:

1. for health protection or prevention of endangering the life and welfare of the animal;
2. for scientific research and biomedical purposes, in accordance with the law;
3. for population control of animals (sterilization);
4. for marking abandoned animals by notching the ear;
5. for zootechnical purposes if such a procedure prevents pain, suffering, self-injury of animals or injuring other animals and for safety reasons.

V. ANIMAL WELFARE IN PRODUCTION AND BREEDING Obligations of animal holders

Article 11

The animal holder is obliged to provide the animals with:

1. Food and water according to their physiological needs;
2. Care and health protection;
3. Accommodation in a facility with sufficient light, warmth, and space;
4. Hygiene of the facility;
5. Protection from weather conditions and natural enemies.

Animals that are temporarily or permanently not housed in facilities must be protected from adverse weather conditions and other health and life hazards.

An animal holder cannot be a person under 16 years of age, and animals cannot be sold or given to them. If a person under 16 years of age possesses an animal, the animal holder is considered the parent or guardian of that person. Animals that are kept in confinement must be visited by the animal holder at least once a day.

Construction and equipment of facilities

Article 12

Materials used for building facilities and equipment that come into contact with animals must not be dangerous to animals and must not harm their health. They must be constructed in a way that they can be easily cleaned, washed, and if necessary, disinfected.

Facilities and spaces for animal accommodation and equipment must be constructed without sharp corners, edges, or protrusions that could injure animals.

Automatic and mechanical equipment used for animal keeping must be regularly inspected at least once a day.

The Ministry prescribes the detailed conditions that facilities and equipment for animal production and breeding must meet and the method of keeping animals.

Animal movement

Article 13

Animals must have access to space that corresponds to their physiological and ethological needs.

An animal that is deprived of the freedom of movement must be provided with accommodation in which it can easily lie down and stand up, stretch its front and hind legs, i.e., freely stretch and turn around in a standing and lying position around its longitudinal axis, without bending its trunk and head.

Feeding and Watering

Article 14

Animals must have access to sufficient amounts of water of appropriate quality in accordance with their needs.

Facilities where animals are kept must be equipped so that animals can access food and water in a manner appropriate to their species.

The space in the facility and the feeding and watering equipment must be regularly maintained or cleaned.

Care in case of illness or injury

Article 15

The animal owner is obliged to accommodate sick or injured animals according to their needs, and if necessary, in separate rooms or facilities, and provide them with veterinary health protection.

A sufficient number of qualified individuals or individuals with equally valuable experience must take care of the animals.

Application

Article 15a

The provisions of Articles 11 to 15 of this law do not apply to:

1. animals living in the wild;
2. animals intended for use in competitions, exhibitions, cultural or sports events or activities;
3. animals for experiments or laboratories;
4. invertebrates.

VI. ANIMAL WELFARE DURING SLAUGHTERING AND KILLING

Protection of animals during killing

Article 16

An animal can only be killed for justified reasons and under certain circumstances.

Killing of animals can be carried out if:

1. The treatment of the animal is prolonged and the outcome is uncertain;
2. The animal’s basic life functions fail due to old age;
3. It is incurably ill, injured, physically deformed, or otherwise pathologically disabled so that the animal cannot recover and its life represents a source of constant pain, suffering, fear, and stress;
4. To prevent the spread, control, and eradication of infectious diseases in accordance with the law;
5. The animal is dangerous to the environment, or cannot adapt to the conditions of captivity, and its release into the wild would pose a risk to humans, other animals, and the environment;
6. It is necessary for pest control, and cannot be carried out in any other way;
7. It is necessary to maintain the natural balance in the hunting ground, in accordance with the law;
8. It is necessary to provide animal products for human consumption and other commercial purposes;
9. It is used for scientific research and biomedical purposes, in accordance with this law. It is prohibited to kill animals:
10. By applying physical force – suffocation, strangulation, beating, and the like;
11. By using poisonous substances or drugs that are not intended for such purposes according to the manufacturer’s instructions;
12. By applying electric current in a manner that does not result in an immediate loss of consciousness;
13. By killing with motor vehicles;
14. By using firearms, except in cases established by law;
15. By similar methods;
16. For ritual purposes.

Animals must not be killed in public places, except in hunting grounds in accordance with the law, when it is necessary to deprive the animal of unnecessary pain and suffering, and its recovery, due to injuries and health conditions, is not possible, and to prevent the spread, control, and eradication of infectious diseases.

Only a veterinarian or veterinary technician under the supervision of a veterinarian may kill animals, except in cases of:

• slaughtering animals that are raised and kept for food production;
• killing animals for educational and experimental purposes;
• pest control;
• killing animals that suffer from incurable pain.

Killing must be carried out in a way that ensures complete loss of consciousness or instant death.

Killing of animals is carried out after prior stunning, followed by a process that causes a safe death without the possibility of the animal recovering.

Killing animals contrary to this article will be considered animal cruelty. Killing animals is done by means of special purpose devices.

Dealing with animals suffering from incurable pain

Article 17

The keeper must immediately put down any animal suffering from severe and incurable pain resulting from force majeure.

Animal welfare during slaughter for production purposes

Article 18

Before bleeding, animals for production purposes must be stunned to cause an immediate loss of consciousness.

Exceptions to paragraph 1 of this Article include:

1. slaughtering animals for household use such as poultry and rabbits, as long as they are killed instantly by appropriate means;
2. forced slaughter to prevent the animal from dying due to pathological conditions, severe injuries resulting from accidents, or other health reasons if there are no conditions for stunning;
3. and ritual slaughter.

The Ministry will prescribe the conditions for animal welfare during slaughter, methods and means of stunning and slaughtering animals, as well as the training of personnel under Article 20 paragraph 6 of this Law.

Animal stunning

Article 19

Animals must be stunned to induce loss of consciousness before being slaughtered.

Stunning must not be performed if the animal cannot be slaughtered and bled immediately after stunning. Animals used for fur production are killed after stunning, without being slaughtered.

The use of tools such as a dagger, hammer, axe, etc., and procedures for stunning that cause unnecessary pain, suffering, injury, and fear to animals is prohibited.

Animal welfare in slaughterhouses

Article 20

The unloading and movement of animals within the slaughterhouse must be carried out in a manner that spares animals from distress, fear, suffering, and pain, using appropriate equipment.

After unloading, animals must be placed in appropriate spaces or rooms for housing, protected from adverse weather conditions, and provided with sufficient water for drinking.

Animals that are not slaughtered within 12 hours of arrival at the slaughterhouse must be fed moderate amounts of food at appropriate intervals.

Animals must be stunned immediately before slaughter.

Tools causing pain and suffering should not be used during restraint, animals should not be hung before stunning, before bleeding in ritual slaughter, etc. Poultry and rabbits may be hung for slaughter, provided they are stunned immediately after hanging.

Only trained personnel can handle the transport, housing, care, restraint, stunning, slaughter, or killing of animals.

Automatic and mechanical equipment/tools for unloading, restraint, stunning, slaughtering, and killing animals must be regularly maintained and checked.

Article 21

It is prohibited to:

1. slaughter animals without a veterinary examination before slaughter;
2. slaughter animals without stunning, except for ritual slaughter where specific conditions apply.
3. continue processing slaughtered animals if bleeding is not fully completed.

VII. PET PROTECTION

Article 22

The owner of a pet is obliged to provide a comfortable accommodation, care and grooming for the pet in accordance with its species, breed, gender, age, physical and biological characteristics, behavioral needs, and health status.

The owner of pets is obliged to provide reproductive control and take care of the offspring of pets. In the case of uncontrolled reproduction when the owner does not want or is unable to take care of the offspring, they are obliged to bear the costs of their disposal.

The owner of a pet is obliged to remove the excrement of their pet from public areas.

Article 23

Breeding of pets intended for commercial reproduction with three or more breeding females may be carried out in breeding facilities that meet the conditions regarding the facility, equipment, and conditions necessary for the protection of animal welfare.

Dog training may be carried out in facilities that meet the prescribed conditions.

Compliance with the conditions of paragraphs 1 and 2 of this Article shall be determined by the administrative authority responsible for veterinary affairs (hereinafter: the administrative authority).

The administrative authority keeps a register of breeding facilities and dog training facilities under paragraphs 1 and 2 of this Article.

The Ministry shall prescribe detailed conditions under paragraphs 1 and 2 of this Article and the manner of keeping the register under paragraph 4 of this Article.

Pet Protection in Pet Shops and Animal Grooming Facilities

Article 24

Sale of pets and animal grooming can only be carried out in facilities that meet veterinary-sanitary conditions and conditions necessary for the protection of animal welfare.

The administration keeps a register of pet shops and animal grooming facilities and determines compliance with the conditions set out in paragraph 1 of this article.

Staff qualified to take care of animals must be employed in pet shops and animal grooming facilities. In pet shops, employees must issue a written guide on the proper care of the animals they sell and keep a record of the persons to whom the animals are sold.

The sale of pets is prohibited to persons under the age of 16 without the consent of their parents or guardians.

Pets for sale must come from registered facilities or registered breeders.

The Ministry prescribes detailed conditions for paragraph 1 of this article, the register-keeping method for paragraph 2 of this article, and the training of personnel for paragraph 3 of this article.

Protection of Abandoned and Lost Pets

Article 25

The owner of a lost pet must report the disappearance to an animal shelter.

Anyone who finds an abandoned or lost pet must inform the animal shelter.

If the owner is known or subsequently identified, they will be responsible for the costs of keeping the animal in the shelter.

A found wild animal may be handed over to the nearest hunting society for release back into the wild or to the nearest zoo that has the appropriate facilities to house it. If the zoo cannot accept the animal, it may be euthanized.

If the found animal is a protected species, the authority responsible for nature protection must be notified.

Temporary Accommodation for Pets

Article 26

Temporary accommodation for pets includes boarding facilities and animal shelters for abandoned pets.

Businesses, entrepreneurs, or other legal entities may establish boarding facilities and animal shelters at locations that do not disturb public order and peace.

Facilities for temporary pet accommodation under paragraph 1 of this article must meet veterinary-sanitary conditions.

Qualified staff must be employed in these facilities to care for the animals, and medical care for the animals must be provided.

A written contract must be concluded between the service provider and the customer for the use of boarding facilities.

Before using the boarding facility, the customer must provide proof of the pet’s health and vaccination.

The administration keeps a register of temporary accommodation facilities and determines compliance with the conditions set out in paragraph 3 of this article.

The Ministry prescribes detailed conditions for the operation of boarding facilities and animal shelters under paragraph 3 of this article, the training of personnel, and other relevant issues.

Establishment of Shelters for Abandoned Animals (Pets)

Article 27

A shelter for abandoned animals (pets) is obliged to:

1. receive reports on abandoned and lost animals;
2. independently or in cooperation with local government units, organize the collection and transportation of lost and abandoned animals to the shelter;
3. take in abandoned and lost animals and provide them with accommodation;
4. provide veterinary health care for animals;
5. search for owners of abandoned and lost pets or provide them for adoption;
6. keep records of found animals and their disposal or euthanasia.

If the pet owner does not apply for their pet to be returned within 15 days of the shelter’s admission, the pet may be adopted.

The person who adopts the found animal is obliged to sign an adoption statement.

If the pet is not adopted or otherwise disposed of within 30 days of being housed in the shelter, it may be euthanized.

The manner of keeping records referred to in paragraph 1, point 6 of this Article shall be prescribed by the Ministry. The data from the records are public.

The conditions and manner of keeping pets, the manner of dealing with abandoned and lost animals (pets), the manner of disposal, and the control of their reproduction shall be prescribed by the competent local government authority.

Article 28

If a shelter for abandoned animals (pets) has not been established in accordance with Article 26 paragraph 2 of this Law, its establishment and operation shall be financed by one or more local government units according to their needs.

The collection of abandoned and lost animals shall be organized and financed by local government units.

Dangerous Animals

Article 29

A dangerous animal may be kept only if it does not endanger the lives of people and other animals and their physical integrity.

A warning or visible sign indicating danger must be displayed on objects or places where a dangerous animal is kept.

Reproduction of dangerous animals is prohibited.

Dangerous dogs can only be taken out to public places when leashed and under the direct and continuous supervision of the owner. Persons under the age of 16 are prohibited from taking out dangerous dogs to public places.

The conditions and manner of keeping dangerous dogs and other dangerous animals shall be prescribed by the Ministry.

VIII. ANIMAL TRANSPORT PROTECTION

Article 30

Loading, unloading, and transport of animals must be carried out in a way that does not cause pain, injury, unnecessary suffering, or death to animals.

During loading, unloading, and transport, animals must not be deprived of basic physiological needs. The transport of animals is prohibited:

1. If they are not fit for transport – highly gravid females in the last 10% of the total pregnancy duration and females in the first seven days after parturition, unless emergency veterinary care is required, newly born animals whose umbilical cord is not completely healed, sick or injured animals, unless transport is necessary for treatment, emergency slaughter, or humane killing of the animal;
2. In uncovered means of transport, crates, containers, and other equipment in which animals are not protected from adverse weather conditions and climate differences;
3. In warm months, in enclosed means of transport, crates, containers, and other equipment if adequate ventilation is not provided during transport;
4. If they are sensitive to temperature differences and if the appropriate constant temperature is not provided during transport;
5. If the transport vehicle does not meet the prescribed conditions;
6. If the minimum prescribed floor area and height suitable for the species, age, and duration of the journey are not provided;
7. If the accommodation in the transport vehicle poses a risk of injury or escape of the animal;
8. If drinking, feeding, first aid, and veterinary care for sick or injured animals cannot be provided during transport;
9. If they belong to the group of aquatic animals and an adequate amount of water at an optimal temperature, oxygen concentration, and food is not provided;
10. If beehives with bees are transported without appropriate ventilation;
11. If harmful substances to their health are transported together with the animals;
12. If a veterinary inspector or authorized veterinarian has not issued an approval for transport;
13. If containers that are not labeled and are not clearly recognizable by their characteristics as containing animals are used for transport.

Transport of animals contrary to paragraph 1 of this Article is considered animal cruelty.

Transport conditions

Article 31

Means of transport must be operated in a way that avoids injury, suffering, and protects the safety of animals.

Loading and unloading devices and equipment for animals must be maintained and used in a way that avoids pain, suffering, and injury to animals and protects their safety.

Animals must be regularly checked during transport.

The container used to transport animals must be labeled if not clearly visible from the outside.

The carrier must create a travel plan before the start of the transport, which must be kept in the vehicle during transport.

The carrier is obliged to prepare a travel plan before the start of transportation, which must be kept in the vehicle during transport.

Obligations of carriers

Article 32

Only commercial companies and entrepreneurs registered for this activity (hereinafter referred to as “carriers”) may transport animals. Animal transport may be carried out using vehicles that meet veterinary and sanitary requirements. The administrative body maintains a register of carriers and verifies compliance with the conditions specified in paragraph 2 of this article.

Carriers are obliged to:

1. take all necessary measures during transport to shorten the duration of transportation as much as possible;
2. provide an attendant trained in animal welfare (hereinafter referred to as “animal attendant”) during transport.

Exceptionally, farmers may transport their own animals with their own vehicles for personal use in the following cases:

• during seasonal migration of animals to other climatic areas;
• for distances up to 50 km from their farm.

The provisions of paragraphs 1, 2, 3, and 4 of this article, as well as paragraph 5 of article 31, do not apply to the transport of pets with personal vehicles, transportation of animals for veterinary and health services, or transportation of animals not intended for commercial purposes. The provisions of paragraph 1 and paragraph 4, point 2 of this article, and paragraph 5 of article 31, do not apply to individuals who transport animals within a distance of up to 65 km, calculated from the starting point to the destination.

The Ministry prescribes specific conditions that carriers and their vehicles must meet, as well as the content of the travel plan from article 31 of this law, and the method of training animal attendants.

IX. CONDITIONS OF KEEPING ANIMALS IN ZOOS, SHELTERS AND BREEDING CENTERS

Article 33

Zoos, animal shelters, and breeding centers for wild animals may be established by companies, entrepreneurs, and other legal entities if they have:

• facilities, space, equipment, and sufficient staff for the maintenance and reproduction of wild animals;
• a zoo maintenance program with a list of animal species, necessary financial resources, and plans for handling any offspring;
• a plan for handling animals in the event of closure or natural disasters.

Wild animals in zoos may only be kept in facilities that meet veterinary and sanitary requirements.

Compliance with the requirements of paragraphs 1 and 2 of this article shall be determined by the administrative authority by means of a decision.

An application for determining compliance with the requirements of paragraphs 1 and 2 of this article shall be accompanied by the consent of the authority responsible for nature protection.

A zoo that meets the requirements of paragraphs 1 and 2 of this article shall be registered with the administrative authority. The Ministry shall prescribe in greater detail the conditions of paragraphs 1 and 2 and the method of keeping the registry in paragraph 5 of this article.

Protection of animals in zoos, shelters, and breeding centers

Article 34

A zoo must provide:

• housing and equipment for the maintenance and reproduction of wild animals that meet the basic needs of each animal species;
• appropriate food and water according to physiological needs;
• veterinary care;
• a humane attitude of staff toward animals;
• protection of animals from visitors and protection of visitors from animals.

In the event of the closure of a zoo, the zoo must transfer the animals to another zoo that meets the requirements for animal protection established by this law.

If it is not possible to handle the animals in accordance with paragraph 2 of this article or in any other way, the animals must be euthanized.

Animals raised in a zoo may be exchanged between zoos with the consent of the administrative authority.

A zoo must keep records of animals that are housed, sold, exchanged, or donated. The costs of handling animals in paragraph 3 of this article shall be borne by the zoo, shelter, or breeding center. The Ministry shall prescribe in greater detail the method of keeping records in paragraph 5 of this article.

Protection of animals used for circuses and other animal shows

Article 35

Exhibitions, competitions, circuses, and other traveling shows with animals may only be organized if they do not endanger the life and welfare of animals and do not force animals to behave in ways that are unnatural for their species, if they are aesthetically acceptable and ethically justified, and if they are based on a permit issued by the competent local authority.

Participation of animals on which any of the interventions from Article 10, paragraph 1 have been performed after the entry into force of this law, is prohibited.

Keeping, reproduction, and use of wild animals for exhibitions and competitions is prohibited.

The competent local authority, based on a request, issues a permit for organizing exhibitions, competitions, circuses, and other traveling shows with animals, with the consent of the administrative authority.

The request under paragraph 3 of this article shall be accompanied by proof of the location, information on the types and number of animals, and information on the time of holding exhibitions, competitions, circuses, and other traveling shows with animals.

Protection of animals used for filming and television production

Article 36

Animals may be used for filming movies and television shows with the consent of the administrative authority.

Consent under paragraph 1 of this article is issued based on a request submitted at least seven days before the start of filming.

With the request, a list of all animals that will be used (species and number), information on the previous method of animal keeping and use, the purpose of use, and the filming location address are provided.

ANIMAL PROTECTION IN EXPERIMENTS

Article 37

Experiments on animals can be conducted by higher education and scientific research institutions registered for conducting experiments on animals.

Article 38

Experiments on animals can be carried out for the following purposes:

1. research on diseases and physical conditions or the recognition of the effects of physiological and pathological conditions in humans or animals;
2. research and development of drugs and medicinal preparations intended for the protection of human and animal health;
3. testing the quality, effectiveness, and harmlessness of drugs, substances, or products;
4. testing the production and other properties of animals and ways to improve them for all types of breeding;
5. research on the causes and consequences of environmental threats;
6. testing the harmfulness of materials or products to human or animal health;
7. scientific research;
8. education.

Experiments on animals may only be carried out if the purpose of the research cannot be achieved by other scientific methods, and if the anticipated pain, suffering, or injury to the animals can be ethically justified by the expected results that are of significance for humans or animals or science.

The method of keeping experimental animals is prescribed by the Ministry.

Marking

Article 39

Animals used for experiments must be marked in accordance with the Ministry’s regulations.

Approval for conducting experiments

Article 40

Experiments on animals may be carried out based on approval issued by the administration body upon request. A professional opinion of the Animal Welfare Council on the ethical and scientific justification of conducting the experiment is attached to the request.

Experiments for educational purposes

Article 41

Experiments for educational purposes cannot be conducted if they cause pain, suffering, fear, stress, injury, or death to animals.

In primary and secondary schools, exercises on live animals that are observational in nature and highlight the importance and diversity of animal life, specificities, diversity, and beauty of their appearance and structure, biological characteristics, as well as the specificities and characteristics of habitats, nutrition, reproduction, behavior, and impact on the environment, are permitted.

Article 42

Higher education institutions may use live animals for educational purposes to train students based on their curricula and programs if their life and well-being or physical and psychological integrity are not compromised. Other interventions on animals, for student training, are conducted on animal carcasses. The manner of conducting exercises on live animals must be defined by the curricula and programs of study.

Article 43

Higher education and scientific research institutions must keep records of the experiments performed on animals and procedures carried out in the production of biological preparations and the number of animals used. The method of keeping records is prescribed by the Ministry.

Article 44

The report on the results of the experiments conducted by the scientific research institution is submitted to the Ministry, the administration body, and the Animal Welfare Council within 30 days from the completion of the experiment. The annual report on the experiments conducted on animals by higher education institutions is submitted to the Ministry, the administration body, and the Animal Welfare Council for the previous year, no later than March 31 of the current year.

Ban on using animals for experiments

Article 45

It is prohibited to use animals for experiments for:

1. testing weapons, ammunition, or related equipment, military equipment, as well as the effects of radiation;
2. research or development of tobacco products and chemical agents for washing and disinfecting items of general use;
3. research or development of ingredients, ingredient combinations, and finished cosmetic products, except in cases when there are no other scientific methods to replace the use of animals;
4. research on the effects of alcohol and drugs, except in cases when there are no other scientific methods to replace the use of animals.

X. COUNCIL

Composition and Work of the Council

Article 46

The Council is established by the Government.

The Council consists of a President and six members.

The Government appoints the members of the Council, with six members proposed by the Ministry and one member proposed by a non-governmental organization for animal welfare.

The members of the Council are appointed for a period of five years.

The members of the Council are selected from prominent public scientific and professional workers in the fields of veterinary, medical, biological, pharmaceutical-biochemical, and agricultural disciplines.

The work of the Council is public.

The organization of the Council is further regulated by its rules of procedure.

The Ministry performs professional and administrative-technical tasks for the needs of the Council.

Competence

Article 47

The Council:

1. monitors the development of scientific and professional knowledge in the field of animal welfare and proposes ways to improve animal welfare in Montenegro;
2. provides expert opinion on ethical issues and animal welfare in the use of animals for experiments;
3. provides scientific and expert support for improving animal welfare;
4. initiates the adoption or amendment of regulations for animal welfare;
5. submits a report on the state and protection of animals in experimentation and its own work to the Government of Montenegro (hereinafter: Government) at least once a year;
6. cooperates with relevant state authorities, administrative bodies, and international institutions in the exchange of scientific and professional information;
7. adopts its rules of procedure;
8. performs other tasks in accordance with the law and its rules of procedure.

XII. INSPECTION SUPERVISION

Competent Authorities

Article 48

The tasks of inspection supervision are performed by veterinary inspectors in accordance with the law.

Inspection supervision of the implementation of this law can be carried out simultaneously with the supervision carried out in accordance with the law regulating veterinary medicine, food safety, and the identification and registration of animals.

Inspector’s Powers

Article 49

In addition to the powers of inspectors established by the law regulating inspection supervision, a veterinary inspector also has the authority to:

1. inspect and control facilities and areas where animals are kept or reproduced;
2. control the traffic, transport, slaughter, and killing of animals, conduct of experiments, organization of exhibitions, competitions, circus and other performances with animals;
3. control the adequacy of conditions for animals in terms of keeping and breeding;
4. control the compliance of conditions for boarding and sheltering pets;
5. control the compliance of other conditions in conducting inspection supervision.

Administrative Measures and Actions

Article 50

In addition to the administrative measures and actions prescribed by the law regulating inspection supervision, a veterinary inspector also has the authority and obligation to:

1. order measures to eliminate identified irregularities within a specified period;
2. prohibit fights between animals and between animals and humans;
3. prohibit the performance of procedures on animals that are not performed by a veterinarian;
4. prohibit the killing of animals by a person who is not competent to do so;
5. prohibit the loading, unloading, and transportation of animals if the conditions for animal protection are not met;
6. temporarily prohibit slaughter carried out without stunning in the manner prescribed by this law;
7. order the removal of irregularities in the work of boarding and sheltering pets within a specified period;
8. temporarily seize documentation and items that can serve as evidence in misdemeanor proceedings;
9. temporarily place under supervision an animal that is in a condition that indicates that the animal is suffering pain, suffering, or great fear, has been injured, or that continuing its life under the same conditions would involve irreparable pain until the irregularities are eliminated;
10. order the termination of an experiment or prohibit the conduct of an experiment on animals that is carried out in contravention of this law, or if deficiencies related to the conduct of the experiment are not corrected within the prescribed period;
11. order the elimination of irregularities in the operation of zoos within a specified period;
12. order the implementation of other measures to eliminate identified irregularities.

If the irregularities referred to in paragraph 9 of this Article are not rectified within the specified time frame, the animal may be euthanized at the owner’s expense or, if it is a pet animal, it may be handed over to a shelter for abandoned animals.

Data collection during inspection

Article 50a

Inspection of animals for production is carried out at the place of production or at the place of keeping or breeding of those animals during the inspection.

A record in written or electronic form is made of the inspection, which contains particular information about:

1. date and identification of the production site;
2. the method of keeping and breeding animals and verifying compliance with the requirements established by this law and bylaws adopted on the basis of this law;
3. description and type of irregularities found during the inspection;
4. measures taken to eliminate identified irregularities (administrative and criminal measures). The Ministry prescribes the method of making the record and the content of the data from paragraph 2 of this article in more detail.

Submission of report

Article 50b

The Ministry shall submit a report on the inspection carried out under Article 50a of this law no later than June 30 of the current year for the previous year, electronically to the European Commission.

The report from paragraph 1 of this article contains data from Article 50a paragraphs 2 and 3 of this law, with an analysis of the identified situation and a presentation of irregularities with measures and a plan to prevent or reduce their recurrence in the future.

XII. PENAL PROVISIONS

Article 51

A legal entity shall be fined in the amount of 800 euros to 25,000 euros for an offense if it:

1. fails to provide living conditions appropriate to the animal’s species, breed, sex, age, physical, biological, and production-specific characteristics, behavioral characteristics, or health condition of the animal (Article 4, paragraph 3);
2. fails to prevent the animal from endangering the life, safety, or property of another person, or the life and safety of another animal (Article 4, paragraph 5);
3. fails to provide assistance to the injured animal and/or fails to provide assistance (Article 5, paragraph 1);
4. fails to provide veterinary assistance in case of injury, illness, and difficult childbirth (Article 5, paragraph 2);
5. abandons a domestic animal, a pet, or a raised wild animal, or other animals that are under its supervision (Article 8, paragraph 1, item 1);
6. increases animal aggression by selection or other methods (Article 8, paragraph 1, item 4);
7. incites animals against other animals or humans or trains them to be aggressive (Article 8, paragraph 1, item 5);
8. trains animals for fights, organizes animal fights or fights between animals and humans, participates in them, visits them, advertises and organizes betting and participates in betting (Article 8, paragraph 1, item 6);
9. gives animals as prizes in games of chance (Article 8, paragraph 1, item 7);
10. organizes dog races on hard surfaces (Article 8, paragraph 1, item 9);
11. gives incentives or other prohibited substances to animals to improve their performance in sports competitions and performances (Article 8, paragraph 1, item 10);
12. uses prohibited stimulants and substances to promote faster growth and increase in animal weight (Article 8, paragraph 1, item 11);
13. neglects animals with regard to their health, accommodation, food, and care (Article 8, paragraph 1, item 17);
14. uses prohibited traps to catch animals (Article 8, paragraph 1, item 19);
15. releases a reproduced or tamed wild animal into the wild without preparing it for survival in such a habitat (Article 8, paragraph 1, item 24);
16. reproduces animals with inherited disorders that endanger their welfare or the welfare of their offspring and reproduces animals that have not reached sexual maturity (Article 8, paragraph 1, item 25);
17. subjects, enables, or permits the subjecting of animals to interventions carried out without professional care (Article 8, paragraph 1, item 26);
18. performs interventions on animals that compromise their physical, psychological, or genetic integrity, without a veterinarian and a licensed scientist for scientific research purposes (Article 9, paragraph 1);
19. performs surgical and zootechnical procedures on animals without anesthesia (Article 9, paragraph 2);
20. performs procedures on animals for the purpose of changing their appearance, cutting and shortening tails in all animals, cutting ear flaps, removal of vocal cords, cutting claws with finger joints and removing venomous teeth, painful shoeing of hooved animals, shortening the beaks of poultry, castration of rams with elastic rings, interventions on male genitalia, branding of sheep and cattle, cutting tongues of calves, cutting horns of calves and lambs, disabling roosters from crowing and interventions on poultry that prevent them from using their wings (Article 10, paragraph 1, points 1 to 14);
21. fails to provide animals with food and water and/or care and health protection and/or accommodation in a facility with sufficient light, heat, and space and/or hygiene of the premises and/or protection from the effects of weather conditions and natural predators (Article 11, paragraph 1, points 1 to 5);
22. sells or donates an animal to a person under 16 years of age (Article 11, paragraph 3);
23. animal housing facilities have sharp corners, edges or protrusions that could harm animals (Article 12, paragraph 2);
24. animal accommodation space is not provided where it can lie down and stand up without difficulty, stretch its front and hind legs, that is, freely stretch and rotate around its longitudinal axis in a standing and lying position on the same surface and in the same space, without bending its trunk and head (Article 13, paragraph 2);
25. does not place sick or injured animals and does not provide veterinary health protection (Article 15, paragraph 1);
26. euthanizes an animal without prior stunning (Article 16, paragraph 7);
27. performs stunning where it is not possible to immediately slaughter and bleed the animal (Article 19, paragraph 2);
28. unloads and moves animals within the slaughterhouse in a way that spares animals from distress, fear, suffering, and pain, using appropriate equipment (Article 20, paragraph 1);
29. animals are not placed in appropriate spaces or rooms for animal housing after unloading, are not protected from adverse weather conditions, and are not provided with sufficient amounts of water for drinking (Article 20, paragraph 2);
30. slaughters an animal without a veterinary examination before slaughter and continues processing slaughtered animals while bleeding is not fully completed (Article 21, paragraph 1, points 1 and 3);
31. does not provide control of reproduction, does not take care of the offspring of pets, and in the case of uncontrolled reproduction does not bear the costs of their disposal (Article 22, paragraph 2);
32. does not remove the feces of their pet from public areas (Article 22, paragraph 3);
33. does not report the disappearance of a pet to an animal shelter (Article 25, paragraph 1);
34. does not notify an animal shelter about a found, abandoned or lost animal (Article 25, paragraph 2);
35. pet boarding and shelter do not meet veterinary-sanitary conditions, do not have qualified staff for animal care, and do not provide health protection for animals (Article 26, paragraphs 3, 4, and 5);
36. does not accept a report on an abandoned or lost animal (Article 27, paragraph 1, point 1);
37. does not organize the collection and transportation of lost and abandoned animals to the shelter (Article 27, paragraph 1, point 2);
38. fails to provide veterinary health protection for animals (Article 27, paragraph 1, point 4);
39. does not keep records of found animals and their handling or euthanasia (Article 27, paragraph 1, point 6);
40. keeps dangerous animals that endanger human and animal life and physical integrity (Article 29, paragraph 1);
41. does not display a warning sign or visible sign indicating danger at the location where dangerous animals are kept (Article 29, paragraph 2);
42. breeds dangerous animals (Article 29, paragraph 3);
43. allows a person under the age of 16 to take an aggressive dog to a public place (Article 29, paragraph 5);
44. deprives animals of basic physiological needs during loading, unloading, and transport (Article 30, paragraph 2);
45. transports animals that are highly pregnant in the last 10% of the total gestation period and/or females in the first seven days after giving birth and/or newborn animals with an incompletely healed umbilical cord and/or sick and/or injured animals (Article 30, paragraph 3, point 1);
46. transports animals in uncovered transport vehicles and/or crates and/or containers where animals are not protected from adverse weather conditions and/or differences in climatic conditions (Article 30, paragraph 3, point 2);
47. transports animals in closed transport vehicles and/or crates and/or containers during warm months without adequate ventilation during transport (Article 30, paragraph 3, point 3);
48. transports animals in a transport vehicle where injuries and/or falling out of the vehicle are possible (Article 30, paragraph 3, point 7);
49. transports substances that are harmful to animals’ health together with animals (Article 30, paragraph 3, point 11);
50. transports animals without approval for transport (Article 30, paragraph 3, point 12);
51. fails to create a travel plan before the start of transport that is not located in the vehicle during transport (Article 31, paragraph 5);
52. is not registered for animal transport (Article 32, paragraph 1);
53. in case of the closure of a zoo, does not transfer animals to another zoo (Article 34, paragraph 2);
54. does not keep records of placed, sold, exchanged, or donated animals (Article 34, paragraph 5);
55. organizes, but does not have a permit from the local government authority for organizing exhibitions, competitions, circus and other performances with animals (Article 35, paragraph 1);
56. participates in exhibitions or competitions with animals on which any of the interventions from Article 10, paragraph 1 of this law have been performed (Article 35, paragraph 2);
57. keeps, breeds, and uses wild animals for exhibitions and competitions (Article 35, paragraph 3);
58. uses animals for film and television filming without the consent of the administrative authority (Article 36, paragraph 1);
59. performs experiments on animals without the approval of the administrative authority (Article 40, paragraph 1);
60. does not keep records of experiments on animals and procedures performed in the production of biological preparations and the number of animals used (Article 43, paragraph 1);
61. does not submit a report on the results of the experiment to the administrative authority and the Council within 30 days from the end of the experiment (Article 44, paragraph 1);
62. does not submit an annual report on experiments performed on animals to the Ministry, administrative authority, and Council for the previous year, no later than March 31 of the current year (Article 44, paragraph 2).

For a violation of paragraph 1 of this article, both the legal entity and natural person responsible shall be fined from 60 euros to 3,000 euros.

For a violation of paragraph 1 of this article, the entrepreneur shall be fined from 300 euros to 8,000 euros.

Article 52

In case of repeated violations of paragraph 1 of Article 51, items 16, 28, 29, 30, 35, 40, 42, 44, 52, 53, and 57 of this law, the legal entity, entrepreneur, and natural person may be subject to a protective measure of prohibition of performing activities for a period of one to six months.

XIII. TRANSITIONAL AND FINAL PROVISIONS

Article 53

Regulations for the implementation of this law shall be adopted within one year from the date of entry into force of this law.

Article 54

The Council referred to in Article 46 of this law shall be established within one year from the date of entry into force of this law.

Article 55

Business entities, entrepreneurs, other legal and natural persons engaged in the keeping, reproduction, trade, transport, implementation of experiments, and slaughter of animals are obliged to harmonize their operations with this law no later than two years from the date of entry into force of this law. Local self-government units shall provide shelters for animals within two years from the date of entry into force of this law.

Ministry’s Obligations

Article 55a

From the date of entry into force of this law, the Ministry shall:

• submit regulations adopted pursuant to this law to the European Commission;
• enable on-site inspections and provide assistance to verify the implementation of this law.

Submission of Reports

Article 55b

The report referred to in Article 50b of this law shall be submitted to the European Commission from the date of accession to the European Union.

Article 56

The provision of Article 54 of the Veterinary Law (“Official Gazette of the Republic of Montenegro,” Nos. 11/04 and 27/07) shall cease to be in force on the date of entry into force of this law.

Article 57

This law shall enter into force eight days from the date of its publication in the “Official Gazette of Montenegro.”