Public Control during Inspections in Livestock and Breeding Facilities (BG0083)

What is the public problem being addressed by the measure? The provisions of Art. 57 in connection with Art. 58, item 5 of the Civil Code and Art. 170, para. 2 of the Law on Veterinary Arrangements (LVA) provide for the right of non-profit organizations for the protection of animals to carry out public control by participating in the inspections of the control authorities. However, the legal framework lacks an order for the exercise of the said right. In practice, the control authorities refuse to include the organizations in the orders for carrying out inspections or in another act that would ensure their admission to the inspected site, due to the lack of an explicit legal basis for this. This way, the assessment of whether an organization should participate in an inspection is left to the inspected person, regardless of the rights expressly recognized by law. The inspected person, on their part, in most cases refuses to allow non- governmental organizations into their facility. In view of the above, the legally provided rules for public control, through participation in inspections, are not applied in practice. The implementation of the measure will ensure a clear order for public control to be carried out together with the control authorities. This way, transparency will be guaranteed when inspections are carried out under the order of the Law on Animal Protection (LAP) and LVA and the long- standing obstruction of civil participation in activities to ensure humane treatment of animals 20 will be ended. It is necessary to take into account that non-profit organizations do not perform the functions of an administrative punitive body when they participate, in the sense of the LAP and LVA, in inspections, and their presence guarantees transparency and legality in the implementation of state control in relation to animal welfare. The control body's declaration of will, with which its act includes representatives of the organizations to participate in an inspection, would only certify the existence of the legal grounds for a specific organization to participate in a specific inspection. Such a declaration of will would not create control powers within the meaning of administrative penal law.

What does the measure consist of? The measure consists in carrying out the following activities: Creation of a special working group under the leadership of the Ministry of Agriculture, with the participation of the interested state expert and control bodies and the representatives of the non- governmental sector, with the following tasks: ü Preparation of an analysis of the effect of the application of the current legislation for the implementation of public control, through participation/presence during inspections of the control bodies in livestock and other facilities for raising animals on the basis of Art. 57 in connection with Art. 58, item 5 of the Civil Code and Art. 170, para. 2 of LVA. ü Development of a project for amendment and supplement of the LVA and LAP, which would provide for an order for participation in inspections of the control bodies in animal breeding and other facilities for raising animals on the basis of Art. 57 in connection with Art. 58, item 5 of the Civil Code and Art. 170, para. 2 of LVA. 21 Conducting public discussion and public debate on the developed project. Coordination within the Council of Ministers and submission of the project to the Council of Ministers for consideration and acceptance.

How will the implementation of the measure contribute to solving the problem? The implementation of the measure will enable the National Assembly to consider and adopt an amendment and supplement to the current legislation, which will overcome the gap in the legal provisions and the established difficulties in law enforcement.

How does the measure relate to the values of the initiative? The measure is mainly related to the values of the Initiative – transparency, civic participation and accountability. The legal rules for public control, expressed in the possibility of participation of non-governmental organizations in inspections of the control bodies under the LVA and the LAP, are an important tool that can guarantee transparency and legality in the exercise of the powers of the control bodies. Public control has been introduced in the regulatory framework in order to enable interaction between control bodies and non-governmental organizations and civil participation in ensuring the protection of animal welfare. On one hand, non-governmental organizations can assist the competent authorities with expertise and assistance to injured, neglected or abused animals, and on the other, it is a protective mechanism that allows the public to be informed whether animal protection and welfare rules are actually being followed and, accordingly, whether the necessary measures are taken when there are established violations. The real implementation of public control ensures transparency of the execution of the powers of the control bodies, prevents corrupt practices and provides additional guarantees for timely and adequate intervention in the protection of animals and ensuring the required humane treatment. Last but not least, public scrutiny will help build public confidence in animal welfare control and increase accountability.

More information (including budget for implementation of the measure) No additional budget is required. Activities for and measurable results of the implementation of the measure: Starting date Date of completion of activity:

1. Preparation of an analysis of the effect of the application of the present legislation for the implementation of public control through participation/presence during inspections of the control bodies in livestock and other facilities for raising animals on the basis of Art. 57 in connection with Art. 58, item 5 of the Civil Code and Art. 170, para. 2 of LVA. 01.09.2022 31.12.2022

2. Development of a project for amendment and supplement of the LVA and LAP, which would provide for an order for participation in inspections of the control bodies in animal breeding and other facilities for raising animals on the basis of Art. 57 in connection with Art. 58, item 5 of the Civil Code and Art. 170, para. 2 of LVA. 31.11.2022 31.03.2023

3. Conducting procedures for public discussion and public debate on the prepared project. 31.01.2023 30.06.2023

4. Conducting a coordination of the project within the Council of Ministers and its submission to the Council of Ministers for consideration and adoption. 30.06.2023 30.07.2023

Action Plan Review

Commitment 5. Public Control during Inspections in Animal Breeding Facilities

● Verifiable: Yes

● Does it have an open government lens? Yes

● Potential for results: Modest