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Perros felices Sr. Marques

Animal Welfare Act 2023

Law 7/2023, of March 28, on the protection of animal rights and welfare is a law that aims to establish the basic legal regime throughout the Spanish territory for the protection, guarantee of the rights and welfare of companion and wild animals in captivity.

The law establishes a set of rules that establish protection mechanisms of varying scope, depending on the territorial area in which they are located.

The main objective of this law is to regulate the recognition and protection of the dignity of animals by society. Therefore, it does not regulate animals as just another element within our economic activity to which certain conditions must be met due to their capacity to feel, but rather it regulates our behaviour towards them as living beings within our environment of coexistence1.

Among the new features of the law are the creation of a list of permitted species, the limitation of euthanasia and the obligation of dog owners to take a course before owning them. In addition, the law grants new rights to great apes due to their closeness to humans.

But... we can go into a little more detail.

What animals are considered pets?

Pets are those that live with us at home, and are the following:

  • Dogs
  • Cats
  • Ferrets
  • Fish
  • All those who are registered as pets by its owner.
  • Wild animals that are found collected in the positive list. This list is still pending publication, and we will discuss it below.
  • Domestic animals that the Ministry includes in the list pending publication .

Of course, now and in the future, animals included in the Catalogue of Invasive Alien Species cannot be kept. or in the Catalogue of Protected Wild Species , nor those that are poisonous or that pose a risk to human health, as well as to personal safety or biodiversity, such as, for example, invasive species, since it would be a risk for you, your pets and everyone.

Which animals do not enter?

  • Arthropods, fish and amphibians whose bite or venom may cause a serious risk to the physical integrity or health of people and animals.
  • Poisonous reptiles and all species of reptiles that weigh more than 2 kg as adults, except chelonians.
  • All primates.
  • Wild mammals that weigh more than 5kg as adults.
  • Species included in other sectoral regulations at state or community level that prevent their possession in captivity.

Animal abuse in Spain

What fines does the Animal Welfare Law include?

The LBA establishes a gradual sanctioning regime, which depends on the degree of damage caused to the animal:

  • Minor infraction any conduct that, by action or omission and without causing physical harm, nor alterations in the animal's behaviour, entailing non-compliance with prohibitions, care or obligations established by law or those derived from non-compliance with administrative responsibilities by the owners or those responsible for the animal.

Minor violations may be punished with a fine. warning or fine from €500 to €10,000.

  • serious violations Conduct that, by action or omission, and resulting from non-compliance with obligations or the performance of prohibited conduct, implies harm or suffering to the animal , provided that it does not cause death or serious consequences.

Serious violations may be punished with fine from €10,001 to €50,000.

  • Very serious violations We find conduct such as failure to comply with the obligations and prohibitions required by the LBA when the violation occurs death of the animal , provided that it does not constitute a crime.

Very serious violations may be punished with fine of €50,001 to €200,000.

Animal abandonment in Spain

Pets have existed and have been with us since the beginning. Over the years, they have become inseparable companions and another member of the family. Owning pets entails a responsibility and a commitment to care for the animal.

Unfortunately, today the rate of animal abandonment in Spain is a real and worrying social problem against which measures must be taken. In view of this, the LBA promotes different mechanisms to alleviate this situation by adopting positive measures such as, for example, public awareness, the promotion of the adoption of pets and the obligation to identify dogs, cats and ferrets with microchips and ringing for birds from birth, so that through the control of animals adequate protection can be guaranteed.

In turn, the LBA includes as a serious administrative offence the abandonment of one or more animals, failure to collect the animal from the residences or other similar establishments where it has been collected in the event of loss or theft of the animal and failure to comply with the obligations of animal identification.

Access with pets to means of transport, establishments and public spaces

Regarding access by means of transport:

  • Both public and private transport must facilitate the entry of pets that do not pose a risk to people, other animals or things.
  • Although, drivers of taxis and tourist vehicles with drivers may decide at their discretion to enter of pets into their vehicles, always under duly justified circumstances.
  • Short, medium and long distance railway operators, as well as shipping companies and airlines, must take the necessary measures to ensure the transport of pets by these means.
  • This will be carried out under the access conditions established by each of these operators, respecting the hygiene, health and safety conditions established by law.
  • Therefore, as a general rule, the entry of pets on different means of transport must be facilitated, but may be denied provided that this is duly justified.

Access in public and private establishments

  • Public and private establishments, hotel accommodations, restaurants, bars and in general those where drinks and food are consumed They will be able to facilitate entry of pets that do not pose a risk to people, other animals or things.
  • At the same time, pets will be allowed into public buildings and facilities.
  • If it is decided not to allow the animal to enter and stay, it must have a sign indicating this in a place visible from outside the establishment.
  • However, pets are not allowed in areas designated for the preparation, storage or handling of food.

Access to shelters, refuges and care centres

Shelters, refuges, care centres and any establishment intended to care for people in a vulnerable situation (homeless people, victims of gender violence or others) They must facilitate access for these people along with their pets. to such establishments, except for a justified and expressly motivated cause.

In the event that access with your pet is not possible, agreements must be promoted with animal protection entities or animal shelter projects in order to safeguard the
destiny of the animal.

Access to beaches, parks and other public spaces

Without prejudice to the provisions of municipal ordinances, the City Councils will promote access to beaches, parks and other public spaces for those pets that do not constitute a risk to people, other animals or things. In such a way that Municipalities will determine the places specifically designated for the recreation of pets, especially dogs.

Obligations of the owners of pets

In the event that our pet can access the transports, establishments and places mentioned, we will have to keep in mind the following commitments established by the establishment or means of transport itself:

  • Take your pet in accordance with hygienic and sanitary conditions.
  • Respect safety measures.
  • Ensure the animal's proper behavior and ensure that other people, animals and objects are not put at risk.

Decalogue of animal welfare

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