Chapter 6

THE ACT

dated January 18, 2001

on horse races.

(Journal of Acts dated February 14, 2001)

1. Rights to train or ride horses acquired on the grounds of racing rules of horse races shall remain in effect.
2. Entities which have up until now organized horse races shall retain their right to organize horse races for term of 6 months of the date this Act coming into force.

The minister having jurisdiction over agricultural matters shall appoint a Council of the club within three months of this Act coming into force.

1. The act on horse races (Journal of Acts Nr 20, pos. 173 dated 1958, nr 11, pos. 40 and , nr 19, pos. 122 dated 1976 and Nr 68, pos. 341 dated 1992).
2. Up until the time the rules of horse racing come into effect, however, no longer than 6 months of the day this act comes into force, the racing rules of horse races shall remain in force.

This Act comes into force upon the lapse of 14 days of its announcement.

Chapter 5

THE ACT

dated January 18, 2001

on horse races.

(Journal of Acts dated February 14, 2001)

1. Anyone, who conducts horse races, without the required permit provide in art. 16 point 1, is subject to a fine.
2. The proceeding in matters, provided in point 1, shall be conducted in accordance with provisions on proceedings in felony cases.

Chapter 4

THE ACT

dated January 18, 2001

on horse races.

(Journal of Acts dated February 14, 2001)

Penalties may imposed on individuals performing tasks connected with horse races, who committed acts which are subject to disciplinary action as provided in the rules of horse arcing

The following entities violating the rules of horse races are subject to disciplinary action:

1. managers of stables,
2. trainers,
3. jockeys,
4. horse owners,
5. race judges,
6. physicians on hand during races,
7. veterinarians on hand during races.

The following shall constitute penalties:

1. a warning,
2. a censure,
3. a fine of 50 PLN to the equivalent of the total of awards in race, in which the rules of horse races were violated,
4. suspending the permit for managing a race stable,
5. suspending a license to train horses, ride horses or for being a race judge – for a term of up to one year,
6. Deprive one of the right to train horses, ride horses or to be race judge.

1. The following shall conduct disciplinary action:
   1. The technical commission – as a ruling body of the first instance,
   2. The appeals commission -as a ruling body of the second instance.
2. Disciplinary action of race judges part of the technical commission, shall be conducted by the appeals commission, acting as a ruling body in the first instance.

1. The individual subject to the penalty imposed upon him by ruling of the technical commission may file an appeal against such ruling with the appeals commission.
2. The appeal must be filed within 3 days of service of the decision of the technical commission along with a substantiation -by way of such commission.
3. The appeals commission shall rule on such an appeal within 5 days of its filling.
4. Filing an appeal does not suspend the execution of the penalty imposed by the technical commission.
5. The appeals commission may not impose a penalty more severe than that of the technical commission.
6. The Code of Procedure on Felony Matters applies accordingly to the disciplinary action of the technical commission and appeals commission.

1. The individual subject to the penalty imposed upon him by ruling of the appeals commission, as provided by art. 24 point 3-6, may file an appeal against such ruling with a district court, having jurisdiction over the race track.
2. The appeal must be filed within 14 days of service of the decision of the appeals commission along with a substantiation.
3. Filing an appeal does not suspend the execution of the penalty imposed by the appeals commission.
4. The Code of Penal Procedure applies accordingly to the appeals procedure before the district court

Chapter 3

THE ACT

dated January 18, 2001

on horse races.

(Journal of Acts dated February 14, 2001)

1. Organizing horse race requires the permit of the President.
2. A motion for such permit should contain the following:
   1. indication of the entity requesting the issuance of such permit and its seat (place of residence),
   2. indication of the planned location of the race track, approved by the authority of state administration having jurisdiction over special planning as well as the local authority,
   3. indicating a financial security to ensure the proper conductance of the races, as well as indicating the sources of owned capital,
   4. specifying the type of individual races, which are to be conducted in a given year, as well as planning the number thereof,
   5. a description of designed technical equipment of race tracks,
   6. planned date of commencing activity.
3. The President may require the filing party to present, by a given deadline, supplementing information and documents.
4. Upon filing a motion and its proper supplementation provided in point 1, the President sets out the requirements of the race track.
5. Upon concluding that requirements set out in point 4 have been met, the President issue a permit, which contains:
   1. the entity having the right to conduct horse races,
   2. the race track, on which races are to be conducted, and detailed requirements that such track must meet.
   3. The types of individual races, which may take place.
6. The permit is issued upon rendering of a free for the benefit of the Club, as provided in art. 11 point 2.

The President orders that defects be removed by a given deadline in the event it is determined that the entity which was granted a permit, is in breach of provisions of the Act, the rules of horse races or conditions set out in the permit.

1. The President shall revoke the permit, if the entity:
   1. did not remove the defect by the designated deadline,
   2. flagrantly violates provisions of the law, rules of horse races or the terms and conditions set out in the permit.
2. In the event the permit is revoked, a new motion may be filed by the same entity within one year of such revoking.

1. Issuing the permit for organizing horse races, the order to remove defects, as well as revoking of the permit is conducted by way of an administrative decision.
2. An appeal against the said decision of the President may be filed with the minister having jurisdiction over agricultural matters.
3. The Code of Administrative Procedure applies to matters set out in point 1.

1. Individual races are conducted according to the annual plan, approved by the President based on the motions of horse race organizers.
2. Conducting additional individual races requires the consent of the President.

Only horses entered into racing in accordance with the requirements set out in the rules of horse races may participate in races.

Chapter 2

THE ACT

dated January 18, 2001

on horse races.

(Journal of Acts dated February 14, 2001)

1. The Polish Jockey Club is hereby established, hereinafter referred to as the “Club”.
2. The Club is a state legal entity.
3. The seat of the Club is located in Warsaw.

The Club is supervised by the minister having jurisdiction over agricultural matters.

1. The tasks of the Club are as follows;
   1. setting the requirements for conducting horse races as well as observing their completion,
   2. acting for the benefit of further establishing and improved breeding facilities of horses.
2. The Club completes its tasks, in particular by:
   1. initiating and providing opinions on legal solutions pertaining to horse races,
   2. providing opinions on drafts of rules of horse races,
   3. setting the requirements and granting permits for conducting horse races as well as supervising to ensure that the organizers complies with the provisions of the Act, rules of horse races and requirements set out in a permit issued to him,
   4. issuing permits for conducing a race stable,
   5. granting licenses for training and riding horses as well as for being a race judge,
   6. registering and publishing a list of individuals entitled to be trainers and jockeys in a given year,
   7. appointing technical commissions and technical judges for tracks,
   8. appointing an appeals commission,
   9. supervising the rulings of the technical commission as well as the appeals commission,
   10. preparing a list of individuals having the right to be physicians and veterinarians at the tracks during races,
   11. being members an participating in undertakings of international race organizations,
   12. collaborating with research institutions,
   13. approving plans for races for the various race tracks as well as consenting to additional races,
   14. conducting specialized training,
   15. preparing statistical data in the scope of breeding and race value of horses,
   16. ndertaking activity to improve the training level of horses as well as riding techniques,
   17. issuing a race bulletin,
   18. promoting horse races.

1. The Club operates on the basis of the Act as well as the statute, by way of regulation, by the minister having jurisdiction over agricultural matters.
2. The statute of the Club regulates, in particular, the following:
   1. the organizational structure of the Club,
   2. the system of internal inspection,
   3. the financing policy of the Club. execution acts

The governing bodies of the Club include:

1. the Club Council, hereinafter referred to as the “Council”,
2. the President of the Club, hereinafter referred to as the “President”.

1. The Council is comprised of 15 to 25 members appointed and dismissed by the minister having jurisdiction over agricultural matters form among candidates presented by:
   1. organizers of horse races,
   2. organizations forming associations of breeders of racehorses,
   3. organizations forming associations of racehorse owners,
   4. organizations forming associations of trainers,
   5. organizations forming associations of jockeys.
2. Member of the Council as representatives of the organization, provided for in point 1.1 -1.3 shall account for at least 80% of the seats on the Council.
3. The Council shall be in office for a 4 year term.
4. The Council:
   1. provides its opinion on the rules of horse races,
   2. motions to appoint and dismiss the President,
   3. motions to appoint and dismiss race judges
5. Resolutions of the Council shall be approved in the presence of at least half of its members by way of simple majority.
6. The minister having jurisdiction over agricultural matters may dismiss before the end of a Council member’s term in office, and in his place appoint another member, upon the motion of the organization, which presented his candidacy.

1. The President is appointed and dismissed by the minister having jurisdiction over agricultural matters upon the motion of the Council.
2. The President shall be in office for a term of 4 years.
3. The President:
   1. controls the Club and represents it,
   2. issues decisions on matters of permits for organization horse races,
   3. grants rights and licenses and jockeys, and race judges,
   4. grants permits for conducting race stables,
   5. appoints technical commissions and technical judges for the various race tracks,
   6. appoints the appeals commission,
   7. performs other tasks set out in the Act, the statute of the Club and rules of horse races.

1. The rules of horse races, is determined, by the minister having jurisdiction over agricultural matters by way of regulation, with a view to, in particular set the requirements ensuring proper conductance of horse races as well as their selective nature.
2. The rules of horse races specifically determines matters pertaining to:
   1. horse breeds allowed to participate in horse races,
   2. systems, types and requirements for conducting races,
   3. obligations and rights of horse owners, race stable managers, trainers, employees servicing stables as well as jockeys,
   4. competencies and procedure of conduct of the technical commission, technical judges, appeals commission as well as physicians and veterinarians on hand during races,
   5. reporting race stables to the Club,
   6. reporting horses participating in races in a given years,
   7. registering the racing colors,
   8. horse identification,
   9. recording and withdrawing horses from races,
   10. weights of horses in individual races,
   11. awards,
   12. detailed rules for conducting individual races,
   13. filling objections,
   14. a listing of prohibited drugs,
   15. rules and procedure of drug tests of jockeys and horses,
   16. rules of order on the grounds and facilities of the racehorse track,
   17. a listing of actions constituting offenses,
   18. penalties which may be imposed for the various offenses,
   19. a detailed procedure of conduct in matters of offenses subject to disciplinary action,
   20. requirements, which must be met in the official agenda of the horse races,
   21. categorization of jockeys. execution acts.

The Minister having jurisdiction over agricultural matters shall set out, by way of regulation:

1. 1) the requirements and procedure for issuing permits for managing race stables, licenses for training horses, riding horses as well as being a race judge, including requirements that must be met by the person filing for a licenses, in particular, with respect to the level of knowledge and credentials possessed by a given candidate,
2. 2) fees paid for the benefit of the Club for issuance of a permit for organizing horse races, which depend on the number of planned individual races in a yea on a given race track,
3. 3) fees for the benefit of the Club for issuing permits for managing race stables and licenses for training horses as well as riding horses, and also for being a race judge, which depend on the subject matter of the license, as well as for registering racing colors and reporting a horse for racing.
   execution acts.

The State Treasury entrusts the Polish Horse Race Club with the execution of its non-disposable ownership rights, as well as other ownership rights for its benefit in relation to real estate located on the grounds of Warsaw, as well as other assets of the liquidated date enterprise called the State Horse Race tracks, which were recorded in the liquidation balance sheet and with respect to which, on the date of the act coming into force, the Agency for Agricultural Property of the State Treasury executes ownership right on behalf and in the name of the State Treasury.

1. Income of the Club is comprised of the following:
   1. opłata wnoszona przez organizatora wyścigów konnych za wydanie zezwolenia na organizowanie wyścigów konnych,
   2. fees paid by the organizer of horse races for issuing a permit for organizing horse races,
   3. fees amounting to 2% of placed bets on horse race sin the country,
   4. fees for licenses and other permits set out in the Act,
   5. entries, inheritances and donations,
   6. other income.
2. The Club shall conduct its individual financing policy based on the annual financial report approved by the minister having jurisdiction over agricultural matters.

1. The entity, organizing on the grounds of provisions of the law on lotteries, bets and games on betting machines on horse races, shall pay a fee worth 2 % of placed bets in a given month for the benefit of the Club, by the 20th day of the following month.
2. The said fee is subject to seizure to which provisions on administrative seizure apply.

The President upon being provided with an opinion of the Council, shall submit an annual report in the activity of the Club to the minister having jurisdiction over agricultural matters.