In Spain, until now, no legislation safeguarded the welfare of Spanish people's pets. Approved in March, the Animal Welfare Law came into force on 2 October 2023 and brought with it certain new elements that you should be aware of if you have animals in your home.
Spanish Law 7/2023, of 28 March to protect the rights and welfare of animals, aims to regulate the recognition and protection of the dignity of animals by society. As the law explains, "It does not regulate animals as another element within our economic activity to which conditions are owed because of their ability to feel, but rather it regulates our behaviour towards them as living beings within the environment in which we live".
Prohibited from leaving them outside establishments and electric collars
The law prevents animals from being " tied up or left loose in public places without being accompanied" by their owner. Pets may not be left alone at the entrances to shops or supermarkets.
The law also forbids using any handling tools that could cause injury to the animal, such as electric collars.
The penalties in these situations range from 500 to 10,000 euros.
Microchip identification
This law also introduces the need to identify dogs, cats and ferrets with a microchip to ensure their control and safety. This means that if they are lost, they can be traced and returned to their owners.
Living conditions
The law determines the conditions in which species living in cages, aquariums, terrariums and such must live and the appropriate size of these spaces. In the case of dogs and cats, it is considered an offence to keep them permanently "on terraces, balconies, roof terraces, storage rooms, basements, courtyards and the like or in vehicles," where they may suffer stress or be affected by the weather.
The regulation also sets out sevantisemitism indications regarding the maximum time an animal may be left alone at home. Article 27 prohibits "leaving any pet unattended for more than three consecutive days". And for dogs, "this period may not exceed 24 hours at a time". Only working dogs (shepherd, police or assistance dogs) may be left alone for longer, provided they have a microchip and a kennel, providing shelter.
Compulsory sterilisation
Six-month-old cats must be neutered and microchipped for identification purposes. For dogs, only those whose owners are registered as professional breeders will be allowed to breed.
According to the law, owners not registered as breeders must "take the necessary measures to prevent the uncontrolled breeding of pets".
No euthanasia
Putting animals down will be prohibited. According to the law, euthanasia must only be applied in specific cases, which the veterinary sector has rejected. "Not being able to choose, both for the owner and the vet, can cause animals to live in situations that are close to mistreatment," warned the General Council of Veterinary Associations of Spain in a letter to Congress.
Marketing animals is prohibited
Buying any pet via digital means, such as the internet, websites or apps, is banned. Pet shops will also not be allowed to sell dogs and cats or display other species in showcases or cages. Pet shops have one year to cease selling dogs, cats and ferrets, which can only be obtained from licensed breeders.
The aim is to deter impulse purchases that could lead to the abandonment of animals, as some 300,000 animals are abandoned on roadsides or in shelters every year.
What animals are forbidden as pets under the new law?
Most domestic animals will remain pets (dogs, cats, ferrets, hamsters, parakeets, canaries, turtles), but the following cannot be kept in the home:
- Dangerous or poisonous animals
- Wild mammals weighing more than five kilos
- Reptiles (except turtles) over two kilos, such as snakes or iguanas.
- In addition, domestic animals may not be used in public performances or subjected to excessive work.
Animals excluded from the Animal Welfare Act
Some animals are not covered by this law, such as, for example:
- Hunting dogs, auxiliary hunting animals, and those incorporated into specific activities.
- Shepherd and rescue dogs, falconry birds, and animals that belong to the State Security Forces and Corps or the Armed Forces.
- Popular celebrations with bulls.
These animals are excluded from the law for cultural, traditional or professional reasons and are governed by other specific regulations. Some animal protection organisations have criticised this exclusion and called for the scope of the law to be broadened to ensure the welfare of all animals.
Fines for non-compliance with the Animal Welfare Act
The Animal Welfare Act sets out different types of fines depending on the seriousness of the offence committed. These are the main ones:
- Minor offences: Minor offences are those that do not comply with the obligations and prohibitions established in the law, such as not identifying the animals with a microchip, not sterilising them, leaving them alone at home for longer than permitted, not taking the obligatory training course or not taking out civil liability insurance. Fines can range from €500 to €10,000.
- Serious offences: Serious offences are those that pose a risk to the health or welfare of animals, such as breeding or trading in non-native wildlife species, failing to report the loss or theft of an animal, using animals as prizes or raffles, or training them for fighting purposes. Fines can range from €10,001 to €50,000. Repeated serious infringements can lead to very serious offences.
- Very serious offences: Very serious offences are those that cause irreparable harm or death to animals, such as inappropriate euthanasia, killing community cats, using animals for human consumption, or selling unlicensed cats, dogs or ferrets in pet shops. Fines for these offences can range from €50,001 to €200,000. In addition, these offences can lead to prison sentences of 3 to 12 months if the animal is not killed or 6 to 18 months if the animal dies.