The new Animal Welfare Law in Spain was approved on the 9th February 2023 by the Spanish Congress of Deputies and passed in the Senate on the 16th March this year 2023.
The new law regulates the protection of animal rights and welfare and establishes numerous changes that directly affect both those who already have pets and those who want to take care of a domestic animal. In addition, one of the fundamental changes is the imposition of civil liability insurance for all dogs.
These are the main changes:
- All persons are obliged to treat animals in accordance with their status as sentient beings.
- A “responsible pet ownership course” is required to own a pet.
- Any pet animal will have to be registered
- Shops will be allowed to sell hamsters but not dogs and cats.
- A “positive list” of animals that will be legal to keep as pets will be created.
- No restrictions on mink farms or cetacean shows
- Hunting dogs and bullfighting animals are excluded from this rule.
- Circuses will no longer be allowed to keep/exhibit elephants, tigers or lions.
- Liability insurance for dogs is required.
- Dogs will not have to take a sociability test, but the list of dangerous dogs will be maintained.
- Dogs may not be left alone for more than 24 consecutive hours.
The Law for the Protection of the Rights and Welfare of Animals is a regulation designed to prevent the abandonment of animals, penalise mistreatment and encourage adoption as opposed to purchase, which also recognises animals as subjects of rights for the first time and regulates the protection of their dignity. This is the first law of its kind to be passed in Spain, as the matter had until now been regulated at regional and municipal level. It will come into force in September 2023, six months after its publication in the Official State Gazette, although many of the measures it sets out need to be specified in regulatory developments.
In a world in demographic decline where more and more pets are being kept (they are in one in three households), the law introduces new ways of relating to them. All people are obliged to treat animals in accordance with their status as sentient beings.
But the new law brings with it many changes and controversies, as it has left out the two groups of animals that would benefit most from this new protection: hunting dogs and animals used in bullfighting shows.
Take a course in order to be able to keep a pet
If you want to have a pet, from September you will have to take a free online “responsible pet ownership course” to acquire basic knowledge about the basic needs of a pet before you adopt or buy it. It remains to be determined whether only new pet owners will have to take this course or also those who already have animals.
No, dogs do not need to be tested for sociability.
This was mentioned in the proposed law, but with the publication of the regulation this controversial test has been removed by a last minute amendment. It was intended that dogs would be obliged to pass “a test to assess their ability to function in the social sphere” and their level of social behaviour would be examined by an ethologist. This was the alternative to the repeal of the list of potentially dangerous dogs, which in the end was maintained.
What has happened is that another PSOE amendment has been approved in the Senate that makes an indirect reference to these tests that have been eliminated, thus producing a legal inconsistency in the text.
Compulsory Sterilisation of all Cats
Yes, all cats must be surgically sterilised before the age of six months, except those registered as breeding animals in the Pet Breeders’ Register.
You can no longer buy dogs or cats in pet shops.
One of the main novelties is that the law prohibits the sale of dogs, cats and ferrets in pet shops. Those who want to keep them will have to adopt them or go to a breeder registered in the Breeders’ Register.
Dog and Cat Registration Required
The new law makes pet registration compulsory for all animals that are established on the positive list of pets.
This means that all dogs, cats, ferrets or hamsters will have to be microchipped and birds will be identified by ringing from birth.
MANDATORY BURIALS FOR CATS, DOGS AND OTHER PETS
The new law states that the deregistration of any pet animal must be communicated in order to cancel the identification.
The cancellation of a pet animal due to death must be accompanied by a document certifying that it was cremated or buried by a company officially recognised for such activities, stating the identification number of the deceased animal and the name and surname of the person in charge or, failing this, that there is a record in the databases of the company that took care of the body.
If it is impossible to recover the body, it must be properly documented.
HOW MANY ANIMALS CAN YOU KEEP AT HOME?
Although there has been talk that private individuals would not be allowed to keep more than five animals in their homes and that those who wanted to keep them would have to register as zoos, the new law does not include this part. This issue will be determined in the future regulation of pet zoos, which has already held a public hearing and will be developed in the coming months.
goodbye to snakes or spiders in the home
The new law names snakes and spiders, if they pose “risks to the health or safety of people or other animals” or some other “reasonable danger” and therefore cannot be kept in the home.
DOGS OR CATS ALWAYS ACCOMPANIED
No pet animal may be left unattended for more than three consecutive days. In the case of dogs, this period may not exceed 24 consecutive hours. Penalties can be up to 50,000 euros.
CAN THE DOG BE KEPT ON THE TERRACE?
It is forbidden to keep dogs and cats on terraces, balconies, roof terraces, storage rooms, basements, courtyards and the like or in vehicles on a regular basis. It is considered a serious offence and penalties can range from 10,001 to 50,000 euros,
Compulsory Third Party Liability Insurance for the Dog
Point 3 of Article 30 specifies that, in the case of dog ownership and throughout the life of the animal, the owner must take out and maintain in force civil liability insurance for damage to third parties, which includes in its coverage the persons responsible for the animal, for an amount sufficient to cover any possible expenses arising, which will be established by regulation. Not having the insurance is classified as a minor offence, but with penalties of up to 10,000 euros.
WILL RESTAURANTS BE OBLIGED TO ALLOW DOGS?
No. It will depend on municipal ordinances or specific regulations, but the law says that the premises, if it does not want to allow entry, “must display a sign indicating this, visible from the outside of the establishment.
WILL ANIMALS BE ALLOWED TO RIDE THE BUS OR THE METRO?
Public and private transport shall facilitate the entry of pet animals that do not constitute a risk to people, other animals and property, without prejudice to the provisions of public health, municipal by-laws or specific regulations.
MUNICIPALITIES MUST TAKE CARE OF STRAY ANIMALS
The municipalities will have to set up a 24-hour emergency service for the collection and veterinary care of stray and abandoned animals, as well as their accommodation in an animal protection centre.
WHAT ABOUT HUNTING DOGS?
They have been left out of the law after pressure from the sector and by decision of the PSOE. UNO Podemos has reluctantly accepted, but there is strong unease among environmentalists. Also excluded from this law are bullfighting shows, animals used in scientific experimentation, falconry birds, shepherd and livestock guardian dogs and rescue and security force dogs.
WHAT SANCTIONS ARE ENVISAGED?
50,001 to 200,000 euros in fines for very serious offences, such as selling dogs and cats in pet shops, using wildlife in circuses, “euthanasia by inappropriate means or by unqualified personnel” or the death of the animal as long as it is not a criminal offence.
Minor offences (fines from 500 to 10,000 euros) include, for example, failure to report the loss or theft of an animal, failure to have third party liability insurance or failure to neuter a cat.
Serious offences (from 10,001 to 50,000 euros) include abandoning animals, not picking them up from veterinary centres, keeping them permanently on terraces or balconies, etc. In addition to this law, the reform of the Penal Code punishes causing injury to an animal with a prison sentence of three to 18 months.
WHICH ANIMALS WILL BE CONSIDERED PETS?
The first point to be clarified is which animals will be considered pets. Until now, an exclusion criterion 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; that is, 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 the list, which has not yet been published; for the moment it is only known that dogs and cats will be included, as well as other common pets such as ferrets, rabbits and rodents. Wild animals, such as hedgehogs, may not be kept as pets.
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 simply not be able to acquire others from now on.
CONDITIONS FOR KEEPING A PET AT HOME
Another point to note is that domestic animals “must be capable of being adequately maintained in captivity and the enclosures or housing in which they live or are housed must be such as to enable them to develop their basic physiological, ethological and ecological needs adequately”.
This would mainly affect animals that are usually kept in closed or semi-closed containers, such as aquariums and terrariums, but also typical pets such as dogs and cats, which must be provided with sufficient and adequate space. In particular, it is forbidden to keep them permanently outdoors, either in courtyards or on balconies and terraces that are exposed to rain and snow, or where they have no space to shelter, to avoid heat stroke in summer and hypothermia in winter.
It also sets a maximum period for animals to be left unattended, which will be three days for cats and 24 hours for dogs.
They shall be considered minor infringements:
- Leaving animals tethered or allowing them to roam in public spaces without supervision by their handler.
- Leaving them inside closed vehicles and exposed to life-threatening weather conditions.
- Leaving an animal unattended for 3 days at a time; in the case of dogs, for a maximum of 24 hours.
- Failure to take out third-party liability insurance for damage to third parties.
- Failure to report the loss or theft of an animal within 48 hours, after which it will be considered abandonment.
- Animals which have (uncontrolled) access to other animals must be sterilised; similarly, in the same household, at least one of the two sexes must be sterilised. Failure to do so shall be considered a minor offence.
Serious infringements shall be considered to be serious infringements:
- Failure to comply with animal identification obligations.
- The unauthorised use of aggressive or violent methods in animal education.
- The administration of substances that harm the animals or alter their behaviour, which are not prescribed by a veterinarian.
- Unauthorised mutilation or modification of the animal’s body.
- Using animals as an object of reward, prize, raffle, promotion.
- Using animals as advertising without authorisation.
- Breeding of, and trade in, non-native wild animals.
- The shipment of live animals except as provided for by law.
- The removal, relocation or displacement of community cats in situations other than those permitted by this Act.
- The abandonment of one or more animals.
- The theft, robbery or misappropriation of an animal.
They shall be considered very serious infringements:
- Assisted killing of animals by inappropriate means or by an unqualified person.
- The training and use of animals for fighting and quarrelling with other animals or people.
- The use of pet animals for human consumption.
- Killing community cats outside the cases authorised by this law.
- Breeding, trade or exhibition of animals for commercial purposes by unauthorised persons or the sale of dogs, cats and ferrets in pet shops.
- The use of animals in prohibited activities, in particular in cultural and festive activities, in mechanical attractions, fairground carousels, as well as the use of wildlife species in circus shows.
- The use of genetic selection of pet animals that is detrimental to their health.
- The commission of more than one serious infringement within a period of three years, when this has been declared by a final administrative decision.
- In addition, any offence involving animal suffering will be punishable by disqualification for up to 10 years; and in the case of death, imprisonment of between 18 months and 3 years.
HOW THE LAW AFFECTS PET SHOPS AND BREEDERS
Another aspect emphasised in the new law is the breeding of animals for profit, i.e. the sale of animals in shops and selective breeding.
In the case of pet shops, only fish, rodents and birds may be sold, and these must come from registered breeders. On the other hand, the sale of dogs, cats and ferrets will be prohibited; instead, it will be possible to have these animals for adoption through agreements with animal shelters. The display of any animal in shop windows will also be prohibited. From the entry into force of the law, a period of one year will begin for businesses to comply with these points.
As for breeders, they will have to have a professional licence to carry out their activity, while breeding by unregistered individuals will be considered illegal; a point that is already applied in some regional legislations. 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.
