Congress has definitively approved the so-called Law for the Protection of Animal Rights and Welfare, a rule designed to prevent the abandonment of animals, penalize mistreatment and encourage adoption before purchase, which also recognizes for the first time regards animals as subjects of rights and regulates "the protection of their dignity". "All people are obliged to treat animals in accordance with their condition as sentient beings," proclaims a controversial text throughout its entire process, because it has finally left hunting dogs out of regulation, once again facing government partners coalition, PSOE and Unidas Podemos.
The rule has gone ahead with the rejection of both the rural world -which sees in it a prelude to prohibiting hunting and imposing more restrictions- as well as environmentalists, since they are committed to an urban animalism that protects the colonies of stray cats even at the cost of the damage they cause to other native species (an "ideological contradiction", according to Ana Oramas, from CC). It has also caused division in the environment of conservationism that has chosen to combat the pests of pigeons, rats or Argentine parrots with "non-lethal" methods that "do not involve sacrifice to the animals." The groups that defend nature are hurt with the coalition government, moreover, because it does not meet their demands to restrict mink farms or cetacean shows.
In a world of demographic decline where more and more pets are kept (they are in one in three homes), the law introduces new rules of the game for relating to them. It is criticized, yes, that it is "excessively regulatory and does not trust people" (Joseba Agirretxea, from the PNV) and that "it hyperbureaucratizes the possession of animals" (Guillermo Díaz Gómez, from Ciudadanos) to such an extent that it will be very difficult to attend to the infinity of norms that are established. This will lead many to non-compliance, as predicted in the sector, and to "legal uncertainty" for animal owners, in the words of Milagros Marcos, from the PP, who has warned that the law will only serve to "provide refuge for militancy when the adversary governs", in view of the great variety of committees, registers, councils and newly created systems that it proposes.
A PSOE pressured by its hunting electorate has defended that "despite the confrontation and the noise, we have made an effort to understand and interpret all sectors" (Begoña Nasarre), but the Minister of Social Rights, Ione Belarra, who has not been present in the debate of his law in Congress, he has reproached his partner for "shaking hands with PP and Vox to exclude hunting dogs from this rule", urging him to return to "look to his left to legislate "I regret not having been able to reconstruct that consensus that we achieved in the Government to protect all animals and I hope that, sooner rather than later, the PSOE realizes that it has made a mistake by giving in to the hunting lobby and leaving a part unprotected important for animals", he added.
Congress has approved the law after ratifying 10 of the 18 amendments that had been approved in the Senate. The rest have been rejected. They also voted on the amendments incorporated to the Senate of the draft organic law to reform the Criminal Code on animal abuse, processed in parallel, which have been rejected with 176 votes against, 161 votes in favor and five abstentions, which shows the lack of existing consensus around the standard.
This is the first law of these characteristics that is approved in Spain, since the matter had been regulated until now at the regional and municipal level. It will enter into force in September, six months after its publication in the BOE, although many of the measures it proposes need to materialize in regulatory developments. The changes it includes have raised many questions. These are the answers:
Yes, they must take a free online "responsible ownership course" to "acquire basic knowledge in order to know their basic needs prior to adopting or buying an animal," the Belarra team confirms to EL MUNDO. It remains to be determined if only new owners or those who already have animals will have to take this course and if it will be offered in a paper version as well as a digital one.
That was the idea until today, but this test that generated controversy has been suppressed through a Compromís amendment registered at the last minute. It was intended that the dogs would be forced to pass "a test to assess their aptitude to function in the social sphere" and their level of social behavior would be examined by an ethologist. It was the alternative to the repeal of the list of potentially dangerous dogs, which in the end is maintained.
Yes, all cats must undergo surgical sterilization before they are six months old, except those registered as breeders in the Companion Animal Breeders Registry.
No. One of the main novelties is that the law prohibits the sale of dogs, cats and ferrets in pet shops. Those who want to have them must adopt them or go to a breeder registered in the Breeders Registry.
The Ministry explains that, after the approval of the law, a period is given for the creation of a positive list of animals, in which the wild animals that can be considered pets will be established. "Hamsters, rabbits and guinea pigs are expected to be included in this list," he says, confirming that these rodents can be kept and sold in stores as before. The pet store employers add that most aquarium fish will remain the same, because there are very few protected species, but land tortoises, parrots and a large part of the reptiles will no longer be able to be sold because they are protected species according to the Cites convention and all those that have some degree of protection will not be included in this list.
While this list is being drawn up, the preparation of which will be long and controversial (in the Netherlands it took five years to agree on a positive list of mammals and it has been challenged in court), the owners of dangerous species will have to notify the authorities that they have these animals. and they will be collected. These are poisonous arthropods, fish and amphibians, reptiles weighing more than two kilos, primates, wild mammals weighing more than five kilos or "species included in other sectoral regulations at the state or community level that prevent their holding in captivity."
Adolfo Santa-Olalla, president of the Live Animals Commission of the Spanish Association of Industry and Commerce of the Companion Animal Sector, says that this is "nonsense" because it means "self-reporting". "It's outrageous, we're talking about millions of animals. What are they going to do with them?" He wonders.
Yes. "The registry of companion animals will be necessary for all animals that are established on the positive list of companion animals," Ministry sources confirm. All dogs, cats and ferrets will have to be microchipped and birds will be identified by banding from birth.
"The withdrawal of all companion animals must be communicated to cancel the identification, as is currently the case with the rest of companion animals," responds the Ministry. The law says that "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 surnames of the person in charge or, failing that, that it be recorded in the databases of the company that dealt with the corpse. In case of impossibility of recovering the body, it must be properly documented.
In 2021, the general director of Animal Rights, Sergio G. Torres, said that individuals could not have more than five animals in their home and that those who wanted to have them should register as zoological centers. The law does not include this part, but the Ministry says that "this issue will be determined in the future regulation of zoological centers for companion animals, which has already held a public hearing and will be developed in the coming months."
No, if they pose "risks to the health or safety of people or other animals" or some other "reasonable danger."
No pet may be left unsupervised for more than three consecutive days. In the case of dogs, this period "may not exceed 24 consecutive hours."
It is forbidden to "regularly keep dogs and cats on terraces, balconies, rooftops, storage rooms, basements, patios and similar or vehicles."
No, "the use of classrooms as a place of residence for animals" is prohibited, as is "the distribution of animals among students and any other similar practice".
Yes, but as long as said shows are carried out under the supervision of their caretakers and related professionals. This is one of the points that worries ecologists the most, since the situation continues as it is now.
The use of wildlife animals, such as elephants, lions or giraffes, is prohibited, but horses, birds or dogs are allowed in the shows.
It is not clear, because the law "prohibits the use of animals in pilgrimages and festive events when excess temperatures are identified." And they must have guaranteed "optimal levels of animal welfare."
"The use of animals in nativity scenes, parades or processions in which the animal is kept in a way that is incompatible with its well-being, given the characteristics of its species, or immobilized for the duration of the event, is prohibited."
It is prohibited to use the animals "in an ambulant way as a claim".
No, "using animals as a claim, reward, prize, raffle or promotion" is prohibited.
No, "advertising activities can be carried out as long as they do not cause anguish, pain or suffering to the animals," says Belarra's team.
"A responsible declaration must be made before the competent authority" in which it is explained in what physical conditions the filming is going to be done. If scenes of abuse are filmed, they must be simulated and in the presence of a veterinarian, stating in the filming exhibition that they are simulated scenes.
No. It will depend on the municipal ordinances or specific regulations, but the law says that the premises, if they do not want to admit entry, "must display a badge indicating so, visible from the outside of the establishment."
"Public and private transport will facilitate the entry of pets that do not constitute a risk to people, other animals and things, without prejudice to the provisions of public health regulations, municipal ordinances or specific regulations."
A measure that stings the municipalities is that they will have to enable an emergency service available 24 hours a day for the collection and veterinary care of lost and abandoned animals, as well as their accommodation in an animal protection center when many of them do not they have funds to maintain an ambulance service for humans.
Collective defenders of biodiversity sting that it has been put into law that city councils must use “non-lethal” methods of population control of urban fauna. This means, as explained in the Ministry, promoting what is already done in municipalities such as Valencia or Barcelona, which apply methods "that do not involve the sacrifice of animals", such as giving feed to pigeons that carry contraceptives. Other environmental groups are against this and believe that it is more effective to combat pests with lethal methods.
Laura Moreno, head of the WWF Species Program, says that "they defend pets a lot but forget about ecosystems." "The cat causes many problems for biodiversity and, if you don't control it, you harm other animals that it is preying on."
For feline colonies, a "population health control" system is established, already implemented in CCAAs such as Madrid. It is about “progressively reducing its population while maintaining its protection”. That is, they are captured, sterilized and released again. Environmental associations question this system. The Canary Islands also flatly reject it (CC has voted against it for this reason) because these cats "predate" native species, such as the giant lizard from El Hierro, the lisneja from Fuerteventura or the blue finch from Gran Canaria, in addition to eating birds with great value for biodiversity.
In principle it was prohibited, but after amendments by Más País and Junts in the Senate, this prohibition has been removed, adding a subparagraph that excepts "the right of homeless people to be accompanied by their companion animals."
They have been left out of the law after pressure from the sector and by decision of the PSOE. Unidas Podemos has reluctantly accepted, but there is strong discomfort among environmentalists. Also excluded from this law are bullfighting shows, animals used in scientific experimentation, falconry birds, shepherd and livestock guard dogs, and rescue and Security Forces dogs.
Moreno adds another disappointment: "We have fought hard to have the American mink farms closed, an invasive species that endangers biodiversity and health, but they have ignored us."
Article 66 speaks of an inspection function that worries the rural world, because it says it opens the door for officials responsible for inspection to "require the collaboration of animal protection entities" and even precautionary separate animals from their owners.
The Ministry says that it is a hoax and it does not seem credible that a judge would consider it that way. The reform of the Criminal Code is confusing because those who kill non-domestic vertebrate animals are punished with sentences of six to 18 months in prison, but exceptions are contemplated for reasons of "health, safety or health".
From 50,001 to 200,000 euros of fine for very serious infractions, such as selling dogs and cats in pet shops, using wildlife in circuses, "euthanasia with inadequate means or by unqualified personnel" or the death of the animal as long as it is not constitutive of crime. It will be a minor offense (fines from 500 to 10,000 euros), for example, not reporting the loss or theft of an animal or not sterilizing the cat. And within the serious infractions (from 10,001 to 50,000 euros), it includes abandoning the animals, not picking them up from veterinary centers, keeping them permanently on terraces or balconies... In addition to this law, a reform of the Code has been approved Criminal that punishes with a prison sentence of three to 18 months to cause injuries to an animal. If it is done in the presence of a minor, as in a recent case in Jerez, it will be considered an aggravating circumstance.
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