The animals that you can no longer have at home, according to the new Animal Rights Law

The Spanish Law for the protection, rights and welfare of animals will represent an important change in the legal situation of domestic animals, with new responsibilities for caregivers and the establishment of fines and sentences for breaking the law. Will you be able to keep your hamster, rabbit and other prohibited pets?

The legal text is in the parliamentary process Modifications can still be introduced, but the basic ideas that will come into force in the middle of next year (2023) can already be outlined. The regulations are being promoted by the Ministry of Social Rights and the 2030 Agenda, headed by the Minister of Podemos Ione Belarra.

Why has the new animal welfare law been raised?

The objective of the law is to better protect domestic animals, which are fundamentally dogs, cats, ferrets and certain species of fish and birds, and the wild ones that are in captivity. The high numbers of abandonment and the frequent cases of mistreated animals or found in very bad conditions made this law necessary, according to its promoters.

In Spain, one in three homes lives with at least one pet, but it is estimated that more than 6 million animals are out of official control, as they are not legally identified, which poses a risk to public health.

On the other hand, it was necessary to adapt the regulations to the new consideration of animals as “beings endowed with sentience” whose rights must be specifically protected, in accordance with article 13 of the Treaty on the Functioning of the European Union and the Spanish Civil Code.

The new law considers that animals are not mere objects, Rather, they are living beings who deserve recognition and protection of their “dignity” as “beings other than one thing”, so it is necessary to regulate “our behavior towards them as living beings within our living environment”.

The legal text will regulate everything related to domestic animals and therefore will not affect production animals, for scientific research or for bullfighting, which are regulated by other regulations.

What changes does the new animal welfare law entail?

The Animal Protection, Rights and Welfare Law establishes that owners must pass a specific training course for the animal they care for. Owners have the right to responsibly enjoy their company and the duty to protect them. To do this, they must keep them integrated into the family nucleus, whenever possible.

They must also avoid risks and inconvenience to other people, and they will not be able to reproduce them (only registered breeders can do it) or sacrifice them without veterinary justification. In the case of cats, sterilization is mandatory before six months of age.

Animals may not be regularly on terraces, balconies, rooftops, storage rooms, basements, patios, vehicles and the like. In addition, caregivers may not leaving your animal unattended for more than three days and, in the case of dogs, no more than 24 hours.

Besides, pet stores may not sell cats, dogs or ferrets, unless they come from a registered breeder, who will be responsible for chipping the animal from birth and registering it in the Companion Animal Registry.

Dog owners must take a course

In addition to the training course, both handlers and dogs that exceed a certain weight and age (this will be established in a later regulation) they will have to pass a test to assess their “aptitude to function in the social sphere”. If it does not exceed it, the dog will be considered potentially dangerous (PPP), subject to certain rules to avoid risks.

The training, which can surely be done online or through veterinary centers, should also be carried out by people who already have dogs. These will have two years to certify that they have completed and passed the course.

It will also be mandatory to hire a third party liability insurance, which will include in its coverage the people responsible for the animal, being broad enough to be able to defray the possible derived expenses.

Hardening of penalties for abuse: fines and jail

If the loss or theft of a pet is not reported within 48 hours, it will be considered abandonment, punished with a fine of 50,000 euros. If the abandonment endangers the life of the animal, it can mean a penalty of 1 to 6 months in jail and one to three months of work for the benefit of the community.

The law entails a reform of the Penal Code that hardens penalties for animal abuse, with penalties of up to 24 months in jail if the animal dies, and 36 months if there is any aggravating circumstance.

Other minor infractions of the law will have a fine of up to 10,000 euros, serious ones, up to 50,000 euros, and very serious ones will reach 200,000 euros.

What pets will be prohibited?

The law orders the creation of a positive list of pets that can live in private homes. These animals They must be registered and up to date on vaccinations. Dogs, cats and ferrets have already been defined as domestic by law, but other species may be allowed with the favorable report of the Scientific and Technical Committee for the Protection and Rights of Animals.

The final list of permitted species will be approved later within a maximum period of 48 months from the entry into force of the law. This list will include domestic animals (horses, donkeys, etc.), falconry birds and aquarium fish, as long as they are not on the list of invasive species.

This temporary lack of definition has led us to think that species such as canaries, hamsters, guinea pigs, parrots, turtles, etc. could finally be prohibited.

Of course, those included since 2013 in the Spanish Catalog of Invasive Alien Species will continue to be prohibited, which They include raccoons, Argentine parrots, lovebirds, Vietnamese pigs, peninsular tortoise, hedgehogs or coatis, among many other animals.

In addition to these invasive species, Nor can wild animals taken from their natural habitat, protected species, dangerous animals or animals that are vectors of pathogens be kept in the home.

On the other hand, production (farm) animals such as pigs and cows may be registered as companion animals.

What happens if you have a prohibited pet?

People who own wild animals that are not prohibited by other regulations may continue to keep them until the listing is approved. If it is finally not allowed, you must deliver it to an authorized zoo or recovery center.

When will the new Animal Welfare Law come into force?

The Animal Protection, Rights and Welfare Law is expected to be approved in Congress in the coming weeks and it will enter into force six months later, that is, in mid-2023.

What about hunting dogs?

During the processing of the law, there was a disagreement between the PSOE and Unidas Podemos on the inclusion of hunting and herding dogs. Finally, the position of the PSOE has been imposed, which excludes them. In this way, the hunting dogs will not have the right to the attentions of the rest of the domestic animals. Their living conditions will be the subject of another law.