by Caroline Langlois, Consulta Veterinaria Menorca
Last March 29th, Law 7/2023 on the protection of animal rights and welfare, better known as “Ley de bienestar animal” was published in the Government’s Official Journal. At the time of writing, it was supposed to come into effect on September 29th, but there may be further delays to clarify some of the new laws. In this article, I will present the main points of the law and the changes it will bring for pet owners.
WHAT IS THE NEW SPANISH ANIMAL WELFARE LAW?
The law means to regulate and control the keeping and treatment of pets within the Spanish territory. Its aim, as stated in the Official Journal document, is to protect and guarantee the welfare of domestic animals residing in Spanish territory.
It establishes the obligation to treat them in accordance with their status as “sentient beings”, The owners or people responsible for the animals are obliged to treat them in accordance with this status. They will also be liable for any damage, harm or nuisance caused by the animals.
One of the key points in the law is the intensification of penalties for mistreatment. Abandonment could cost between 500 and 10,000 € in fines, depending on the circumstances. If it is considered “serious”, the act could be punished with fines up to 50,000 €, and if it is deemed “very serious”, then the penalty would be up to 200,000 €. In addition, any offence involving animal suffering will be punishable by disqualification of ownership for up to 10 years; and in the case of death, imprisonment of between 18 months and 3 years.
WHAT IS MEANT BY “PETS”?
The first point to be clarified is which animals will be considered pets.
According to the definitions given in Article 3, a pet is a “domestic or wild animal in captivity” which is kept by humans “mainly in the home” if it has suitable conditions which “respect its ethnological needs, and is not intended to be bred for consumption, production or industrial use, or to be used for profit.
Until now, an exclusion list was followed: a series of animals, mainly those classified as protected or invasive species, could not be kept as pets. The new law, on the other hand, will work by inclusion: there will be a “positive list” of animals that can be kept as pets and it will be illegal to keep those that are not included in this list, which should be published within 4 years of the law’s application.
Likewise, the regulations establish the following as pets:
• Dogs, cats and ferrets.
• Domestic animals included in the list to be drawn up.
• Production animals that are registered as pets by decision of their owner.
• Aquarium animals not included in the catalogue of invasive alien species or protected wild species.
• Animals belonging to wild species that are included in the positive list.
The law does not apply to the following: animals used in bullfighting shows, production animals, those used for scientific experimentation, wild animals, animals used in certain activities such as sports, falconry birds, livestock herding dogs, rescue dogs, animals belonging to the Security Forces and Corps. Finally, after much debate, hunting dogs have also been excluded.
In any case, in principle the law will not be applied retroactively and those who have animals not included in the list will be able to keep them. They will just have to declare them to the authorities within 6 months of the list being published.
For example, now, we do not know whether small birds such as parakeets, rabbits or rodents will be on this list, but until it is published, they can be kept without declaration by their owners.
KEY POINTS OF THE NEW SPANISH ANIMAL WELFARE LAW
• Prohibition to leave a pet alone for more than 3 days, or 1 day for dogs
The law prohibits leaving your pet alone for more than 3 days or 72 hours. This period is shortened to 24 hours for dogs.
In addition, it is also forbidden to keep your pet on terraces, balconies or roof terraces, in storage rooms, basements, courtyards and the like, or in vehicles. The use of any handling equipment that may cause injury to the animal (electric, impulse, punishment or choke collars) is also prohibited.
• The sale of dogs, cats and ferrets may only be carried out by authorized breeders
The sale of these pets will only be allowed by licensed breeders duly registered in the Register of Pet Breeders. The participation of mediators in the process is prohibited, as well as the sale by private individuals.
The new law also establishes a series of criteria aimed at guaranteeing the welfare of the animals selected for breeding, such as limiting the number of litters per year and ensuring that they have adequate space and treatment.
A written contract of sale is required, and the sale must be reported to the Pet Register within three working days of the sale. In addition, dogs and cats must be at least two months old.
In the case of pet shops, only fishes, rodents and birds may be sold and these must come from registered breeders. The display of any animal in shop windows shall also be prohibited. Shops selling dogs, cats and ferrets will have 12 months after the entry into force of this law to end this activity.
• The classification of potentially dangerous breeds (PPP) is maintained
One of the last-minute changes has been the modification of the draft regarding the PPP Law, which was initially going to be replaced by sociability tests and a new denomination of dogs needing special handling.
The following breeds: Pit Bull Terrier, Rottweiler, Dogo Argentino, Staffordshire Bull Terrier, American Staffordshire Terrier, Fila Brasileño, Tosa Inu and Akita Inu, continue to be potentially dangerous breeds. Their owners need an administrative licence, special insurance and they must use a short leash, muzzle, and they cannot be allowed to walk off the lead in areas designated for other dogs.
However, not everything has been agreed, as General Directorate for Animal Rights continues to support the idea of repealing the PPP Law in order to implement a sociability test for dogs classified as potentially dangerous, as well as for large dogs.
• Pets’ euthanasia for economic reasons is strictly forbidden
Euthanasia of pets may only be carried out for health or medical reasons, never for financial or economic reasons.
• Compulsory sterilisation of all cats from 6 months of age onwards
To try to reduce uncontrolled breeding and future abandonment, all cats will be obliged to be sterilised, regardless of breed, gender or status of the feline.
In the case of sterilisation for dogs, it will only be compulsory when they are placed for adoption by animal protection organisations or public centres.
• Mandatory identification of cats and ferrets, like dogs, by microchip
The identification of pets shall be carried out by a veterinarian in the name of an authorized registered breeder, animal protection organization or public administration. All pets shall be registered in the Pets Register of each Autonomous Community.
In this way, there will be greater control over cats and ferrets, as is currently the case with dogs.
The aim is to reduce abandonment. Birds will be identified by ringing from birth
• Compulsory training course for responsible dog ownership
All people who want to keep a dog as a pet will have to prove that they have completed a compulsory course for dog ownership. Its aim is to train citizens in the correct ownership and care of their dogs. This training will be compulsory both for new owners and for those who already live with their dog at home.
The only thing that is known for certain is that it will be free of charge and that it will have to be taken by all those who wish to own a dog, while those who already have one or more dogs will have two years to take the course. In principle, once it has been passed, it will be valid indefinitely. However, the course contents and the criteria for passing it, have not yet been defined, nor how it will be taught, although in principle it should be online. The two biggest questions are: what will happen if a dog owner doesn’t take the course within the established period, or if he doesn’t pass it?
• Civil liability insurance for dogs.
Civil liability insurance for dogs is already compulsory throughout the Community of Madrid. The new law will make it compulsory for all dogs in Spanish territory, with the aim of ensuring responsibility for any damage they may cause.
The Spanish Animal Welfare Act was due to come into effect at the end of September 2023. However, at the time of writing, several doubts remained, and a number of clarifications had to be made. I will keep readers informed of any new information on this law in the next issues.
Contact:
Caroline Langlois, Consulta Veterinaria Menorca, Carrer Santa Victòria 30, 07701 Maó,
0034 685753292
vetmenorca@gmail.com
