New Law on Animal Welfare

Update on  the need for “civil insurance liability for dog possession” at the foot of this post.

Thank you to Stephen Crowe for this clear and ample article.

Update from CAB adviser Stephen Crowe:

“Members
Just to be clear re the mandatory insurance for dogs from 29/9
This is only for third party liability and not for pet full healthcare. Be sure to make any potential insurer aware of this as many prices being quoted are for health insurance which is not required by law”.

As many are by now aware, Spain has passed and is introducing new animal welfare regulations and extracts of which are covered below.

The new law comes into force on 29 September 2023

This is a huge piece of legislation covering a wide range of animal related issues including management, data protection, state protection plans etc. So to try to assist members we are going to highlight some of the regulations which may impact on you

The legislation contains many complex definitions as to various aspects of welfare and what certain terms actually mean

There are a number of interesting points in the legislation covering what pets can actually be kept, sale of pets, breeding of pets as well as general welfare responsibilities and interestingly a section on municipal responsibilities as follows and which if complied with may assist in the issue of abandonment. Interestingly there is no specific mentions if angling and indeed hunting practices

Article 22. Collection and care of animals.
1. The collection of lost and abandoned animals and their accommodation in an animal protection center will correspond to the municipalities. To do this, they must have an emergency service for the collection and veterinary care of these animals, available twenty-four hours a day. This management may be carried out directly by the competent municipal services or by private entities, without prejudice to the fact that, whenever possible, it is carried out in collaboration with animal protection entities.

In the terms established by the autonomous legislation, this responsibility may be transferred to the groups of municipalities, or, where appropriate, to the provincial and local councils, councils and island councils or to the autonomous communities

So to start we will look at the stated purpose of the law and those excluded from coverage under its provisions

Article 1. Purpose and scope of application.
1. The purpose of this law is to establish the basic legal regime throughout the Spanish territory for the protection, guarantee of the
rights and well-being of companion and wild animals in captivity, without prejudice to animal health, which will be governed by Law 8. /2003, of April 24, Animal Health, and by the rules of the European Union.

2. The rights of animals are understood as their right to good treatment, respect and protection, inherent and derived from their nature as sentient beings, and with the obligations that the legal system imposes on people, particularly those who maintain contact or relationship with them.
3. The following are excluded from the scope of application of this law: a) Animals used in bullfighting as provided for in articles 2 and 10 of Law
10/1991, of April 4, on administrative powers regarding bullfighting.
b) Production animals, as defined in Law 32/2007, of November 7, for the care of animals, in their exploitation, transport, experimentation and sacrifice, throughout their life cycle, except in the case of that losing its productive purpose the owner decides to register it as a companion animal in the Registry provided for in this law.
c) Animals raised, maintained and used in accordance with Royal Decree 53/2013, of February 1, which establishes the basic standards applicable for the protection of animals used in experimentation and other scientific purposes, including teaching. , and animals used in veterinary clinical research, in accordance with Royal Decree 1157/2021, of December 28, which regulates industrially manufactured veterinary medicines.
d) Wild animals, which are governed by the provisions of Law 42/2007, of December 13, on Natural Heritage and Biodiversity, unless they are in captivity.
e) Animals used in specific activities (sports recognized by the Higher Sports Council, falconry birds, shepherd dogs and livestock guard dogs) as well as those used in professional activities (dedicated to a specific activity or task carried out jointly with their manager in a professional or work environment, such as rescue dogs, companion animals used in assisted interventions or animals belonging to the Security Forces and Armed Forces). Hunting dogs, rehalas and auxiliary hunting animals will
also be excluded. All of them are regulated and will be protected by the corresponding current European, state and regional regulations, and that apply to them outside of this law
The following comprises general obligations towards animal welfare

Article 24. General obligations regarding companion and wild animals in captivity.
1. All people are obliged to treat animals according to their condition as sentient beings.
2. In particular, their guardians or managers must observe the following obligations with respect to the animals included in the scope of application of this law:
a) Maintain them in decent living conditions that guarantee their well- being, rights and healthy development. In the case of animals that, due to their characteristics and species, live permanently in cages, aquariums, terrariums and the like, they must have adequate spaces in size, naturalization and environmental enrichment for their possession. The conditions for each species will be developed according to regulations.
b) Educate and handle the animal with methods that do not cause suffering or mistreatment to the animal, nor cause states of anxiety or fear.
c) Exercise adequate vigilance over the animals and prevent their escape.
d) Do not leave them alone inside closed vehicles, exposed to thermal conditions or of any other nature that could put their lives in danger.
e) Provide the animal with the necessary health care to guarantee its health and, in any case, those stipulated as mandatory according to its specific regulations, as well as provide it with a veterinary examination, with the periodicity determined by regulation, which must be duly documented, in where appropriate, in the corresponding identification record.
f) Keep the animal permanently located and identified in accordance with current regulations.
g) Notify the competent authority of the loss or theft of the animal within
a maximum period of forty-eight hours from the time it occurred.

h) Use the services of a professional veterinarian, or a veterinarian accredited in animal behavior, whenever the situation of the animal requires it.
i) Collaborate with the authorities, facilitating the identification of animals when required and communicating their change of ownership, loss or death.
j) In general, comply with the obligations established in this and other
regulations.

3. The person responsible for an animal will also be responsible for possible damages, losses or inconveniences that, without provocation or negligence by a third party, could cause to people, other animals or things, to roads and public spaces and to the natural environment. , in accordance with applicable law.

Article 25. General prohibitions regarding companion and wild animals in captivity.

The following behaviors or actions related to companion or wild animals in captivity are totally prohibited:
a) Mistreating or physically assaulting them, as well as subjecting them to negligent treatment or any practice that may cause them suffering, physical or psychological harm, or cause their death.
b) Using invasive methods and tools that cause damage and suffering to animals, without prejudice to veterinary treatments carried out by registered veterinary professionals and other exceptions established by
law.
c) Intentionally leaving them in closed or open spaces, especially in the natural environment where they can cause subsequent damage due to feral status or their condition as potentially invasive exotic species.
d) Leaving animals loose or in a position to cause damage in public or private places with public access, especially in national parks, ravines

where flocks or animals graze, or other protected natural spaces where they can cause damage to people, livestock, or the natural environment. .
e) Use them in public shows or tourist or advertising artistic activities, which cause them anguish, pain or suffering, without prejudice to the provisions of Title IV, and, in any case, in mechanical attractions or fairground carousels, as well as the use of animals belonging to species of wild fauna in circus shows.
f) Use them on an itinerant basis as a claim. Without this precept questioning the right of homeless people to be accompanied by their companion animals.
g) Subjecting them to inappropriate or excessive work in time or intensity with respect to the characteristics and health status of the animals.
h) The possession, breeding and trade of finches captured from the natural environment as long as the uprequirements of the first section, letter f), of article 61 and 4 of Law 42/2007, of December 13, are infringed.
i) Feed them with viscera, carcasses and other offal from animals that have not passed the appropriate sanitary controls, in accordance with the applicable sectoral regulations.
j) Use animals as a reward claim, prize, raffle or promotion.
k) The use of animals as an advertising claim, except for the exercise of activities related to them.
l) Use any gadget, mechanism or utensil intended to limit or prevent their mobility at a fixed point except by veterinary prescription, taking care of their well-being.
m) Use them in fights or their training in the development of this practice and other similar ones, as well as instigating aggression against other animals or other people outside the scope of regulated activities.
n) Use any gadget, mechanism or utensil intended to limit or prevent their mobility except by veterinary prescription, taking care of their well- being.

In respect of companion animals.
The owners or people who live with pets have the duty to protect them, as well as the obligation to comply with the provisions of this law and the regulations that develop it, and in particular:
a) Keep them integrated into the family nucleus, whenever possible for
their species, in good health and hygiene.
b) Animals that, for reasons incompatible with their quality of life, size or characteristics of their species, cannot live in the family nucleus, must have adequate accommodation, with rooms according to their dimensions and that protect them from the elements of the weather. time, in good hygienic-sanitary conditions in order to provide an environment in which they can develop the characteristics of their species and breed; In the case of gregarious animals, they will be provided with the company they need.
c) Adopt the necessary measures to prevent their possession or movement from causing inconvenience, danger, threat or damage to
people, other animals or things.
d) Adopt the necessary measures to avoid the uncontrolled reproduction of companion animals. Breeding may only be carried out by persons responsible for the activity of breeding companion animals registered as such in the corresponding Registry.
e) Prevent animals from depositing their droppings and urine in places where other people regularly pass through, such as facades, doors or entrances to establishments, proceeding in any case to remove or clean them with biodegradable products.
f) Facilitate veterinary controls and treatments established as mandatory by public administrations.
g) In the case of pets that, due to their characteristics and species, live
permanently in cages, aquariums, terrariums and the like, they must have adequate spaces in size, naturalization and environmental enrichment for their possession. The conditions for each species will be developed according to regulations.

h) Pass the training in responsible ownership regulated for each species of pet.
i) Identify by microchip and proceed to surgical sterilization of all cats before six months of age except those registered in the identification register as breeders and in the name of a breeder registered in the Register of Companion Animal Breeders.
j) Notify the competent administration and its owner of the removal of
the corpse of an identified pet animal.

The loss of a pet animal due to death must be accompanied by a document proving that it was cremated or buried by an officially recognized company for carrying out said activities, stating the identification number of the deceased animal and the name and surname of its person in charge. or, failing that, that it be recorded in the databases of the company that dealt with the corpse. If it is impossible to recover the body, it must be properly documented.

Article 28. Pets in open spaces.
1. In the case of pets that must be housed in open spaces, without prejudice to the provisions of the previous article, their owners or managers must adopt the following measures:
a) Use spaces that protect the animals from inclement weather.
b) Locate the spaces in such a way that they are not exposed directly, for a prolonged period, to solar radiation, rain or extreme cold.
c) Use spaces according to the dimensions and physiological needs of the animal.
d) Guarantee the animals access to food and drink, as well as adequate hygienic-sanitary conditions.
2. The places and private spaces in which the dogs that, after the tests to assess their aptitude to function in the social sphere provided for in article

24.3, are classified as for special handling, are habitually developed must have sufficient security conditions to avoid leaks or possible attacks.

Article 30. Ownership of dogs.
1. People who choose to own dogs must prove that they have completed
a training course for dog ownership, which will be valid indefinitely.
2. Said training course will be free and its content will be determined by regulation.
3. In the case of dog ownership and throughout the life of the animal, the owner must take out and keep in force civil liability insurance for damages to third parties, which includes in its coverage the persons responsible for the animal, for an amount of sufficient amount to cover the possible derived expenses, which will be established by regulation.

Article 55. Sale of pets.
1. The sale of dogs, cats and ferrets can only be done directly from the
registered breeder, without the intervention of intermediaries.
2. The sale of any pet animal must be accompanied by a written contract of sale, which will contain the minimum clauses that will be established by regulation.
3. The person responsible for the activity of the sale of companion animals must deliver the animals in good health and with the obligatory treatments by age and species, without prejudice to their obligation to answer for the vices or hidden defects of the animal, in the terms established in articles 1484 and following of the Civil Code.
4. The sale of unidentified animals is prohibited according to current regulations and must be registered prior to the transaction in the name of the seller. In the case of animals that do not have an individual identification system, their sale will only be allowed in pet stores.
5. Prior to the sale of an animal, the person responsible for the sale must inform the person who receives it in writing of all the fundamental characteristics of the animal transferred: origin of the animal, including the name and registration number of the farm , race, sex, age, their characteristics and needs for care and management, including veterinary care, as well as the responsibilities that the buyer acquires. The seller must keep the documentation that proves that this communication has been made for at least three years.
6. The sale must be reported to the Companion Animals Registry within three business days after the sale.
7. Dogs and cats must be at least two months old at the time of sale, as long as the sale is made from the zoo declared as their place of
birth. They may be sold from a zoological nucleus other than the one declared as the place of birth from the moment the animal reaches four months of age. By regulation, the age may be restricted in the sale of the offspring of other species.

Article 56. Sale in pet stores.

Article 57. “Online” sale and advertisements for the sale of pets.
The establishment must have physical separations between the transit areas and the animal facilities, in such a way as to restrict public access to these, with which they will only have direct contact under the direct supervision of the establishment’s staff.
1. The direct sale of any type of pet through the internet, web portals or any telematic means or application is prohibited.
2. For the announcement of animals through the media, magazines, similar publications and other dissemination systems, such as the Internet, the breeder registration number or the zoological nucleus of the sales establishment must be included in the announcement, as well as the identification number of the animal if applicable. The platforms will verify the veracity of the data provided by the seller.
The legislation also states which animals can actually be kept as pets including provision of a suitable list of animals as follows

Positive list of companion animals Article 34. List of animal species that can be kept as a pet.
Only the following animals will be allowed as pets: a) Dogs, cats and ferrets.
b) Those belonging to species that are considered domestic animals as defined in Law 8/2003, of April 24, on Animal Health. For this, the competent ministerial department, following a report from the Scientific and Technical Committee for the Protection and Rights of Animals, will determine the list of domestic companion species.
c) Animals belonging to wild species contained in the positive list of companion animals.
d) Those production animals that, belonging to non-wild species and that, as contemplated in section a) of article 3, losing their productive purpose, are registered as pets by decision of their owner.
e) Falconry birds and aquarium animals not included in the catalog of
invasive exotic species or protected wild species, both at the state and regional level, or wild fauna species not naturally present in Spain protected by law of the European Union and/or international treaties ratified by Spain.

Article 35. Positive list of companion animals.
1. The list of wild species that can be kept as pets is created, hereinafter positive list of pets.
2. The positive list of companion animals will be open, state-wide, and will depend on the competent ministerial department, which must keep it permanently updated and public. It will be made up of a set of lists of groups of wild animals: positive list of mammals, positive list of birds, positive list of reptiles, positive list of amphibians, positive list of fish and positive list of invertebrates -all those taxa not considered vertebrates- ,
which can be produced independently.

Article 36. General criteria for the inclusion of a species in the positive list of companion animals.
1. The inclusion of a species in the positive list of companion animals will comply with the following general criteria:
a) Individuals of the species must be able to be adequately maintained in captivity.
b) There must be scientific reference documentation or bibliographic information available on the proper accommodation, maintenance and care in captivity of the particular animal or another similar one, as well as its breeding in captivity.
c) Species for which there is certainty that they are invasive in the territorial scope of the place of possession or that, in the event of escape and lack of control, pose or may pose a serious risk, will not be included in the positive list of companion animals. for the conservation of biodiversity in said territorial area.
d) Only species of animals that do not pose risks to the health or safety of people or other animals, or any other specific reasonable danger, will be
included in the positive list of companion animals.
e) Individuals of protected wild species will not be included in the positive list of pets, especially those included in the special protection regime, both at the state and regional level, or protected wild fauna species not naturally present in Spain. by European Union Law and/or international treaties ratified by Spain, without prejudice to what is indicated for falconry birds used in accordance with the provisions of section 4 of article 7 of Directive 2009/147/EC of the Parliament European Council and of November 30, 2009, regarding the conservation of wild birds and provided that the Scientific and Technical Committee for the Protection
and Rights of Animals endorses said exception.
2. Those species of animals with respect to which there are reasonable doubts about the possibility of maintaining and caring for them adequately in captivity will not be included in the positive list of
companion animals.
3. Under no circumstances may invasive alien species be included in the positive list of companion animals in the terms defined in Royal Decree

630/2013, of August 2, which regulates the Spanish Catalog of invasive alien species. .

Article 51. Identification of companion animals.
1. Pet animals will be identified individually, by a licensed veterinarian,
through a system and procedure that will be developed according to regulations, depending on what is established for each species. The initial identification of the animals may only be carried out in the name of a registered breeder, animal protection entity or authorized Public Administration, and a subsequent transmission may be made to other natural or legal persons under the terms contemplated in this law.
2. Notwithstanding the foregoing, dogs, cats and ferrets, as well as birds, will be obligatorily subject to identification by means of a microchip, which will be identified by ringing from birth. The registration of all companion animals will be made in the Register of Companion Animals of each autonomous community.
3. Companion animals determined by regulation and in any case dogs, cats and ferrets that are used as breeders by a registered breeder, must
be registered as breeders in the Companion Animal Register.
4. Dogs, cats and ferrets from other European Union countries must keep the original passport that includes their identification code, and this passport cannot be replaced by other identification documentation, without prejudice to the obligation to register in the Registry. of Companion Animals, at the same time of their acquisition with the data of the person who takes care of them.
And finally restrictions on breeding

Article 53. Breeding of companion animals.
1. The activity of breeding companion animals may only be carried out by persons duly registered in the Register of Companion Animal Breeders.

2. Owners of pets of pet species whose individual identification is mandatory by current regulations and who wish to carry out a non- commercial breeding activity, such as punctual breeding or others that are carried out by law, must necessarily register the animals as breeders. in the Registry of Companion Animals. This registration will automatically signify the holder’s registration in the Companion Animal Breeders Register in the corresponding category.
3. Any person responsible for the activity of breeding pet animals must
accredit the training that is determined by regulation to be able to carry out their activity, according to the category of breeder in which they register.
4. The conditions for the authorization of the breeding activity, types of authorized breeders, periodicity and conditions of the breeding individuals will be developed by regulation.
5. The spaces where pets are raised will respect, according to their category, the conditions of space and accommodation included in the regulations on zoological centers.

Feline species.

Members re feral cats/ colonies
Articles 38/39 of new animal welfare law. This is a rough translation

1. In the absence of another provision in the regional legislation, and respecting the scope of competence established by current legislation, it is up to local entities to manage community cats, for which purposes they must develop Feline Colony Management Programs that will include, least, the following aspects:

a) Promotion of citizen collaboration for the care of community cats, regulating, through municipal regulations, the procedures in which the rights and obligations of feline colony caregivers will be included.

b) The local administration may collaborate with Feline Colony Management entities duly registered in the Registry of animal protection entities for the implementation and development of the Feline Colony Management Programs.

c) The assumption by the local entity of the responsibility for the health care of community cats that require it, always counting on the services of a registered veterinary professional.

d) The establishment of action protocols for cases of feline colonies in private locations, so that their management can be carried out respecting the same specifications as on public roads.

e) The implementation of training and information campaigns for the population on feline colony management programs that are implemented in the municipal area.

f) The establishment of population control plans for community cats, following the following criteria:

1st Mapping and census of cats in the municipal area, for planning and control of sterilizations according to the volume of population that is desired to be controlled so that it is efficient and prevents the increase in the number of cats.

2nd Cat sterilization programs through the intervention of a veterinarian authorized for this practice, including ear tagging.

3rd Colony health program, subscribed and supervised by a registered veterinary professional, including at least deworming, vaccination and mandatory identification by microchip with municipal responsibility.

4. Neighborhood conflict management protocols.

g) Any other provisions provided for in the framework protocols of the autonomous communities and cities of Ceuta and Melilla to which they belong, and must, in any case, annually submit to them a statistical report regarding the implementation and evolution of the protocols in their municipality.

h) The municipality must have a suitable place with sufficient space and conditioning for the temporary removal of its colony of community cats if necessary.

i) Local entities must establish regulatory and surveillance mechanisms to carry out control and sanction those responsible for cats who do not have them properly identified and sterilized and, therefore, who do not put in place the necessary measures to prevent the reproduction of cats. their animals with community cats.

2. The General Administration of the State will establish subsidy lines in favor of local entities for the fulfillment of their obligations with respect to feline colonies.

3. To comply with the obligations established in this law, local administrations may seek the support of provincial councils, councils and island councils in the exercise of the powers that correspond to them regarding the guarantee of the provision of public services. municipal.

4. In accordance with the criteria established by the autonomous community in the protocols provided for in article 40, the procedures to be carried out will be established so as to avoid negative effects on the biodiversity of the specimens that inhabit them.

It has been decided at present not to bring into force the obligation to insure all dogs.  Should now follow the regulations from their town hall and regional governments.

The potentially dangerous dog breeds should still be insured as in the law of 2022 in the note above, for at least €120,000.

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.