Check How The New Animal Welfare Law In Spain Could Affect You And Your Pets

ON September 29, the Animal Welfare Law will enter into force in Spain.

It will be implemented six months after its publication in the Official State Gazette (BOE) and as provided in said legal text, officially called Law 7/2023, of March 28, it is designed to protect the rights and welfare of animals.

This new regulatory framework introduces new obligations and duties for members of the public who have animals in their care.

Dog owners must contract civil liability insurance

In the case of dog owners, the new law establishes the need to contract civil liability insurance for their pets. The law also includes a selection of certain animals whose possession will be specially monitored.

The second transitional provision of the third section of the law establishes the: ‘prohibition of certain species as pets’. From the date of entry into force of the law, on 29 September, the possession of the species included on the list is prohibited: ‘until the approval and publication of the ‘positive list’ to which the species corresponds’.

In the case of those who already own these animals when the law comes into force, the law specifies that: ‘They will be obliged to inform the competent authorities of the possession of these animals within six months of the entry into force of this law’.

The animals covered by this provision are the following:

• Arthropods, fish and amphibians, whose bite or venom may pose a serious risk to the physical integrity or health of people and animals.

• Venomous reptiles and all species of reptiles that in the adult state exceed two kilograms in weight, except in the case of chelonians.

• All primates.

• Wild mammals that in their adult state exceed 5 kg in weight

• Species included in other sectoral regulations at the state or community level that prevent their holding in captivity.

The Animal Welfare Law establishes that, from the entry into force of the regulations, and until the approval of the corresponding positive list: ‘The competent authorities shall adopt the necessary measures for their intervention and their placement in animal protection centres’.

This new law also contemplates a penalisation regime corresponding to the infractions, based on their seriousness. The possession of the animals mentioned above, as well as not notifying their presence, can be an infraction and, therefore, a corresponding sanction, as reported by 20minutos.es.

This is the table of fines contemplated in the Animal Welfare Law:

• Minor infractions with a warning or a fine of €500 to €10,000

• Serious offences with a fine of €10,000 to €50,000

• Very serious infractions with a fine of €50,000 to €200,000