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News articles related to the Animal Welfare Law in Spain.

Fines Under the New Animal Welfare Law 1080 720 Mark Nolan
Fines for not complying with the animal welfare law in Spain

Fines Under the New Animal Welfare Law

As we bring this series of article about the new Animal Welfare Law in Spain to a close, it is important to note that overall, the new legislation is all about animal welfare. We must care for our pets, include them into the family home, or provide adequate shelter of their own. Breeding is not allowed. We must have civil liability insurance for dogs, and possibly even healthcare insurance. We cannot allow dogs to wander freely, and we cannot leave pets home alone for too long, dog owners have to do a training course, and many more rules all aimed at ensuring the wellbeing of our companion animals.

For those who do not comply with the requirements of this new law, a sanctioning regime has been set up, and fines can be hefty.

1. The offences provided for in this law will be penalised:

a) Minor offences with a warning or a fine of five hundred to ten thousand euro.

b) Serious offences with a fine of ten thousand one to fifty thousand euro.

c) Very serious offences with a fine of fifty thousand one to two hundred thousand euro.

2. If there is a recurrence in the commission of a minor infraction, or it is continuous, the penalty of warning will not apply.

3. The Government and the autonomous communities and cities of Ceuta and Melilla, by means of a regulatory provision, may introduce specifications or graduations in the table of infractions and sanctions typified in this law that, without constituting new infractions or sanctions, nor altering their nature and limits, contribute to the most correct identification of the conducts, to the most precise determination of the corresponding sanctions or to the updating of their amounts.

4. In any case, the income from the sanctions will be used for actions whose purpose is the protection of animals.

The law is now in force, and therefore the sanctioning regime is active, so if you don´t comply with the requirements, you can see that the financial penalty can be considerable. We echo once again our first message in this series, that is this new law is not just about insurance, but about many more requirements that all pet owners have to abide by, in the best interests of our companion animals.

Remember, the actual rules are more complex and more detailed, and you can read the full legislation, translated into English, at animalwelfarelaw.es, including a simple list of basic rules for dog and cat owners, and for street cats.

This article was published by our friends at The Leader Newspaper in Spain.

Basic Rules for Cat Owners 1080 720 Mark Nolan
Rules for owning a cat in Spain

Basic Rules for Cat Owners

So far in this series, we have explained that the new Animal Welfare Law coming into force in September covers much more than just insurance, and the basic rules for dog owners. This week, we will give a bullet point list of some of the key requirements for cat owners.

Many of the rules relating to owning a cat are the same as for dogs, but there are also a few differences. There are also different rules relating to cat colonies, or “street cats”. In the most basic overview, you must look after animals, care for their wellbeing, make sure they are healthy, and happy.

Cats should be integrated into the family nucleus, in good health and hygiene.

Breeding may only be carried out by persons responsible for the activity of breeding companion animals registered as such in the corresponding Registry.

All cats must be identified by microchip and must be surgically sterilised before six months of age, except those registered in the Register of Companion Animal Breeders.

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 recognised company.

Cats cannot be mutilated or subjected to permanent body modifications. The only exception to this is the identification systems by marking the ear of community cats and those necessary for therapeutic reasons to guarantee their health or to limit or cancel their reproductive capacity.

Similar to dogs, cats cannot be kept on terraces, balconies, rooftops, storage rooms, basements, patios and similar or vehicles.

A cat cannot be left home alone, unsupervised, for more than three consecutive days.

Local authorities must monitor cats to ensure compliance, with a particular interest in ensuring that domesticated cats do not breed with street cats.

A cat which goes outside the home without supervision is considered a “prowling” cat under the legislation.

Feline colonies, or street cats, have protection in Spain under the Animal Welfare Law, and must be allowed to live in peace. The local authorities are responsible for their welfare.

The intention of the rules regarding feline colonies is to gradually reduce their population over time, whilst allowing them to live a harmonious life in the meantime.

Street cats must be microchipped and registered by local authorities, and their sterilisation will be mandatory.

Remember, the actual rules are more complex and more detailed, and you can read the full legislation, translated into English, at animalwelfarelaw.es, including a simple list of basic rules for dog and cat owners, and for street cats. Next week, we will talk about fines.

This article was published by our friends at The Leader Newspaper in Spain.

Civil Liability Insurance for Dogs will NOT Enter Into Force This Month 1080 720 Mark Nolan
Happy dog

Civil Liability Insurance for Dogs will NOT Enter Into Force This Month

The Spanish Government has now confirmed that the mandatory requirement for all dogs to have civil liability insurance will not enter into force on 29 September with the new Animal Welfare Law.

The Ministry of Social Rights sent the circular to veterinary colleges and other competent public administrations where it recognises that the mandatory contracting of civil liability insurance for all dogs is postponed until the specific regulation is approved.

The reason is that these points needed to have a specific complementary regulation that detailed their characteristics and, today, they do not have it. “In pure legal terms, it is not effectively applicable until the regulatory development of said precept occurs, in accordance with its provisions,” says the circular.

The reason, according to the Ministry, is that Spain does not have a fully functioning Government at this time, due to delays in forming an administration after the results of the elections in July. There is only a “caretaker” Government in office, and it has not been possible to approve the necessary complementary regulations. “This regulation is in the form of a Royal Decree and a government with full functions is necessary to approve it,” point out ministerial sources, who assure that the text is ready to obtain the green light, waiting for the political situation to change.

The same situation applies to the mandatory training course for dog owners. We already know that a two-year transition period was included in the legislation to allow existing dog owners time to complete the course, but as of yet, the criteria is not yet ready, and so there will be a delay.

Also being delayed is the State Registry of Pets. That too is not ready.

All of the points mentioned will become mandatory, as they are enshrined and agreed in law, but not yet. We will now have to wait for the official announcement as to when each part does obtain the necessary legal approval, although there is nothing stopping you subscribing to the soon-to-be mandatory civil liability insurance now.

If you would like more in-depth information, there is a website which has translated the entire legislation into English. You can read the full Animal Welfare Law at animalwelfarelaw.es

In addition, we have partnered with three local companies who can offer you tailor made advice, and provide some of the services which will be mandatory under the new law.

If you need more information about pet health or civil liability insurance, you can contact Jennifer Cunningham Insurances, who have local offices in Benijofar, La Marina, and Playa Flamenca. Their telephone number is 965 795 372, and you can visit their website at https://www.jennifercunningham.net/, or via Facebook, at https://www.facebook.com/JCExpatServices/

For anything related to pet health and services such as sterilisation of microchipping, amongst others, you can contact Veterinary Clinic Eduardo’s Pets, located near Las Filipinas, Villamartin, on the Orihuela Costa. Their telephone number is 966 76 41 09, and you can visit their website at https://www.eduardospetsvet.com/, or on Facebook at https://www.facebook.com/Eduardospets/

For pet supplies, such as kennels, you can contact Madagascar Pets Pet Center Ciudad Quesada, located in Doña Pepa, near the Aldi and Food Co “Tesco” supermarkets. Their telephone number is 966 73 13 50, and their website is https://madagascarmascotas.com/tiendas/madagascar-mascotas-ciudad-quesada/

Please be sure to tell them you found out about them via TKO Radio, and they will do their best to answer any questions you might have, and play their part in ensuring you are both compliant with the new Animal Welfare Law, and that your pet has the best care and facilities.

THis article was published by our friends at TKO Radio Spain.

Informative note from the Ministry of Social Rights regarding civil liability insurance 1080 1521 Mark Nolan
Informative note regarding civil liability insurance for dogs

Informative note from the Ministry of Social Rights regarding civil liability insurance

In view of the inability for the caretaker Government of Spain to fulfil the requirements to set the standards for certain elements of the Animal Welfare Law, and informative note was sent out to official bodies explaining that although the law comes into force on 29 September 2023, some elements will be delayed, in particular the requirement for civil liability insurance, and the requirement to complete a pet ownership course.

The official note, in Spanish, is above and below, and here are the key points translated:

 

In response to the different queries received in this General Directorate, in relation to different aspects related to the entry into force of Law 7/2023, of March 28, on the protection of the rights and well-being of animals, the following is reported:

 

a) Civil liability insurance for dog possession

The obligation to contract and maintain in force civil liability insurance for natural or legal persons who own dogs, established in article 30.3 of Law 7/2023, of March 28, would come into force on September 29, 2023, in accordance with its ninth final provision. Although, in pure legal terms, it is not effectively applicable until the regulatory development of said precept occurs, in accordance with its provisions.

Likewise, the provisions on this matter in the regional and local regulations that already establish, in some cases, the obligation to have civil liability insurance for dog ownership must be taken into account.

Finally, in the case of potentially dangerous dogs, the specific regulations (Royal Decree 28/2002, of March 22, which develops Law 50/1999, of December 23, on the legal regime for the possession of potentially dangerous animals) requires that the minimum civil liability insurance coverage be at least €120,000.

On the other hand, it is recommended to consult insurance companies to advise on dogs that could be included in home insurance policies, depending on their type, applicable regulations and other aspects.

b) Other obligations

In relation to other obligations regulated in Law 7/2023, of March 28, that require regulatory development, such as carrying out the responsible ownership course or the identification of animals included in the positive list, other than the dog species, cat and ferret, will be applicable once the aforementioned regulatory development comes into force.

Sergio Garcia Torres

Informative note from the Government regarding civil liability insurance for dogs
Basic Rules for Dog Owners 1080 720 Mark Nolan
Dog care in Spain

Basic Rules for Dog Owners

Last week, we explained that the new Animal Welfare Law coming into force in September covers much more than just insurance. This week, we will give a bullet point list of some of the key requirements for dog owners.

In the most basic overview, you must look after animals, care for their wellbeing, make sure they are healthy, and happy. Dogs must have adequate living space, suitable to the breed and their size. You must exercise your dog frequently. Your dog must have regular health checks.

Your dog must have identification (microchip), which must be kept up to date. If your dog is lost, you must report it to the authorities within 48 hours.

Your dog cannot be left alone in closed or open spaces where they could cause damage.

If your dog cannot live within your home, they must be provided with their own adequate accommodation that protect the dog from things like the weather, and they must have sanitary facilities. The dog must also be provided with access to food and drink.

You must not permit uncontrolled breeding. Only registered breeders can breed animals for sale.

You must not allow your dog to deposit urine of faeces in the street unless you clean it afterwards.

You must pass a training test to prove you can look after your dog. Once you have completed this test, it will be valid indefinitely. This course will be free.

You must take out civil liability insurance for your dog. This cover must be in place for the entire life of the animal. This applies to all dogs.

If your dog dies, you must obtain an official document stating that it has been cremated or buried in accordance with the rules by a licenced company.

Your dog cannot wander freely in public spaces without supervision.

Dogs cannot be kept on terraces, balconies, basements, etc. They must have adequate space and accommodation. They must also never be left in vehicles.

Your dog must not be tied to a moving vehicle.

Your dog cannot be left home alone, unsupervised, for more than 24 consecutive animals. It is 3 days in the case of other animals, but 24 hours for dogs.

Dogs ARE allowed in commercial premises, unless the venue expressly prohibits them, in which case they must display a sign prominently. Dogs are not allowed in areas such as those used for food preparation or storage.

Remember, the actual rules are more complex and more detailed, and you can read the full legislation, translated into English, at animalwelfarelaw.es. Next week, we will talk about cats.

This article was published by our friends at The Leader Newspaper in Spain.

Some Elements of the Animal Welfare Law will NOT Enter Into Force this Month 1080 837 Mark Nolan

Some Elements of the Animal Welfare Law will NOT Enter Into Force this Month

Following a lot of confusion and doubts about the new Animal Welfare Law, the Government has now issued a circular to veterinary colleges and administrative bodies to clarify some of those questions that have been appearing.

The mandatory training course for dog owners will now be delayed. We already know that a two-year transition period was included in the legislation to allow existing dog owners time to complete the course, but as of yet, the criteria is not yet ready, and so there will be a delay.

Also being delayed is the State Registry of Pets. That too is not ready.

Perhaps the most important element that affects dog owners in particular is the mandatory requirement for civil liability insurance. Whereas it still remains the case for certain dog breeds, the new law requires all dog owners to subscribe to civil liability insurance, which differs from traditional pet health insurance, but despite many people already subscribing, that too will not enter into force with the law on 29 September.

The reason for this change, the Government says, is that these points needed to have a specific complementary regulation that detailed their characteristics and, today, they do not have it.

The Ministry of Social Rights sent the circular to veterinary colleges and other competent public administrations where it recognises that the mandatory contracting of civil liability insurance for all dogs is postponed until the specific regulation is approved.

“In pure legal terms, it is not effectively applicable until the regulatory development of said precept occurs, in accordance with its provisions,” says the circular.

The Ministry assures that this is the same problem that the University entrance test or EVAU or the sports regulations have faced, since there is no Government in office, only a caretaker administration until the agreement is reached to enable a Government to be formed, it has not been possible to approve the necessary complementary regulations. “This regulation is in the form of a Royal Decree and a government with full functions is necessary to approve it,” point out ministerial sources, who assure that the text is ready to obtain the green light, waiting for the political situation to change.

All of the points mentioned will become mandatory, as they are enshrined and agreed in law, but not yet. We will now have to wait for the official announcement as to when each part does obtain the necessary legal approval, although there is nothing stopping you subscribing to the soon-to-be mandatory civil liability insurance now.

This article was published by our friends at The Leader newspaper in Spain.

What Animals Can be Kept as Pets? 1080 811 Mark Nolan

What Animals Can be Kept as Pets?

Within the new Animal Welfare Law that comes into force on 29 September 2023, there is reference to the Positive List of Companion Animals. In other words, it is a list of animals that are permitted to be kept as pets, thus there will be some animals that will not be allowed.

IN the run up to the law entering into force, there has been a lot of speculation and misinformation, as is perhaps inevitable, with reports that rabbits can no longer be kept as pets, or that goldfish have more rights than humans, for example, but the truth regarding the list of animals you can keep as pets is that at this stage, we don’t actually know. We have to wait for the list to be published, but it is unlikely to exclude animals we would normally consider suitable, like rabbits, and is more likely to exclude more exotic species.

The reason we don’t yet know is however explained in the law, as it says, “Within a maximum period of twenty-four months from the entry into force of this law, the Government will approve the regulation that develops the positive list of wild animals that can be kept as pets, provided for in Chapter V of Title II”.

So even after the law enters into force, it could well be 2 years before we know the content of that list.

The law also states, “Within a maximum period of twelve months from the entry into force of the aforementioned regulation, the Government will publish the list of species of wild mammals that are included in the positive list of companion animals as established in article 37”.

And finally, “Within a maximum period of thirty months from the entry into force of the aforementioned regulation, the Government will publish the list of species of other groups of wild animals (birds, reptiles, amphibians, fish and invertebrates) that are included in the positive list of wild animals. company as established in article 37”.

If you would like more in-depth information, there is a website which has translated the entire legislation into English. You can read the full Animal Welfare Law at animalwelfarelaw.es

In addition, we have partnered with three local companies who can offer you tailor made advice, and provide some of the services which will be mandatory under the new law.

This article was published by our friends at TKO Radio.

All Dog Owners will Have to Sit an Animal Care Training Course 1080 720 Mark Nolan
Dog training

All Dog Owners will Have to Sit an Animal Care Training Course

As the new Animal Welfare Law comes into force, it will no longer be possible to buy most pets from pet shops (already the case in some areas), but if you want to acquire a pet dog or cat, for example, you can only obtain them from licenced breeders, who must be officially registered.

When you purchase your pet, you also now enter into a contract of care, where you commit to look after your pet, and in the case of dogs, there is an additional requirement to sit and complete a training course on how to care for your pet dog.

The good news is that the course is free, according to the Government, and online. You should therefore be wary of the inevitable practice where people attempt to charge for the service.

The bad news, in some ways, is that ALL dog owners will have to sit and complete this training course, including those who already have dogs as companions, and irrespective of how long you have already cared for your pet pooch.

The course will be made available shortly, and for those existing dog owners who might be panicking, don’t worry just yet, as although the completion of the course is mandatory, or you face a fine of up to 10,000 euro, a two-year grace period has been put in place to allow time for everyone to complete the course.

The objective of this course is to provide dog owners with the basic knowledge necessary for the management, care and coexistence with these animals. Additionally, if you plan to adopt a dog, it is important to keep in mind that you will need to complete the course before the dog is allowed home with you. This requirement ensures that future owners are properly prepared to care for and raise their pet responsibly.

If you would like more in-depth information, there is a website which has translated the entire legislation into English. You can read the full Animal Welfare Law at animalwelfarelaw.es

In addition, we have partnered with three local companies who can offer you tailor made advice, and provide some of the services which will be mandatory under the new law.

If you need more information about pet health or civil liability insurance, you can contact Jennifer Cunningham Insurances, who have local offices in Benijofar, La Marina, and Playa Flamenca. Their telephone number is 965 795 372, and you can visit their website at https://www.jennifercunningham.net/, or via Facebook, at https://www.facebook.com/JCExpatServices/

For anything related to pet health and services such as sterilisation of microchipping, amongst others, you can contact Veterinary Clinic Eduardo’s Pets, located near Las Filipinas, Villamartin, on the Orihuela Costa. Their telephone number is 966 76 41 09, and you can visit their website at https://www.eduardospetsvet.com/, or on Facebook at https://www.facebook.com/Eduardospets/

For pet supplies, such as kennels, you can contact Madagascar Pets Pet Center Ciudad Quesada, located in Doña Pepa, near the Aldi and Food Co “Tesco” supermarkets. Their telephone number is 966 73 13 50, and their website is https://madagascarmascotas.com/tiendas/madagascar-mascotas-ciudad-quesada/

Please be sure to tell them you found out about them via TKO Radio, and they will do their best to answer any questions you might have, and play their part in ensuring you are both compliant with the new Animal Welfare Law, and that your pet has the best care and facilities.

This article was published by our friends at TKO Radio.

Pets Can No Longer be Left Home Alone for Long Periods of Time 1080 720 Mark Nolan
Dog kennel

Pets Can No Longer be Left Home Alone for Long Periods of Time

For most people, our beloved pets already form part of the family, but for the minority, they are seen as nothing more than a hindrance at best, or an inconvenience, and as such will never be considered part of the family unit. That is one of the many things that the new Animal Welfare Law is set to change when it comes into force later this month.

There has been lots of talk about the requirement for dogs to have civil liability insurance, which we will talk about another time, but there are so many more elements to this legislation that have been overlooked in the publicity.

In general terms, pets MUST now form part of the family nucleus, and must be welcomed into the home to live. Pets can no longer be kept on terraces, balconies, basements, and other similar places, as they are considered unsuitable.

However, for those pets which cannot be included into the home, it is still possible that pets can live in these areas, so long as they have their own suitable accommodation, in other words a kennel, for example, which is both big enough to accommodate the pet, and provides sufficient shelter from the elements, whether that is rain, for example, or heat. Pet owners in this circumstance must also make sure that the animal has adequate food, water, and toilet facilities.

You are also no longer allowed to leave your pet home alone for long periods of time. In general terms, the maximum amount of time you can leave your pet alone is 3 days, so long as they have access to food and water, for example, but in the case of dogs, the maximum permitted period is just 24 hours.

We will be featuring a handful of informative articles here in the runup to the law entering onto force, but if you would like more in-depth information, there is a website with has translated the entire legislation into English. You can read the full Animal Welfare Law at animalwelfarelaw.es

In addition, we have partnered with three local companies who can offer you tailor made advice, and provide some of the services which will be mandatory under the new Animal Welfare Law.

If you need more information about pet health or civil liability insurance, you can contact Jennifer Cunningham Insurances, who have local offices in Benijofar, La Marina, and Playa Flamenca. Their telephone number is 965 795 372, and you can visit their website at https://www.jennifercunningham.net/, or via Facebook, at https://www.facebook.com/JCExpatServices/

For anything related to pet health and services such as sterilisation of microchipping, amongst others, you can contact Veterinary Clinic Eduardo’s Pets, located near Las Filipinas, Villamartin, on the Orihuela Costa. Their telephone number is 966 76 41 09, and you can visit their website at https://www.eduardospetsvet.com/, or on Facebook at https://www.facebook.com/Eduardospets/

For pet supplies, such as kennels, you can contact Madagascar Pets Pet Center Ciudad Quesada, located in Doña Pepa, near the Aldi and Food Co “Tesco” supermarkets. Their telephone number is 966 73 13 50, and their website is https://madagascarmascotas.com/tiendas/madagascar-mascotas-ciudad-quesada/

Please be sure to tell them you found out about them via TKO Radio, and they will do their best to answer any questions you might have, and play their part in ensuring you are both compliant with the new Animal Welfare Law, and that your pet has the best care and facilities.

This article was published by our friends at TKO Radio.

Pet Owners – It´s Not ONLY About Civil Liability Insurance 1080 769 Mark Nolan
Pets in Spain

Pet Owners – It´s Not ONLY About Civil Liability Insurance

Although we have been covering the development of the new Animal Welfare Law since it was first conceived, you may have seen recent reports stating that all dogs need civil liability insurance this month, when the law enters into force, and whereas this is true, insurance is not the only requirement for pet owners to comply with the law.

At the tail end of last week, there was talk that the Government would not implement the requirement for civil liability insurance, but in the absence of an official statement, it must be assumed that this will still take place, as it is enshrined by law. However, a key point is that civil liability insurance is different to what many people believe “pet insurance” is, as pet insurance traditionally has been mostly for covering vet bills. Civil liability insurance is different and covers damage or injury to third parties.

However, some household insurance policies already include this. Others include it, but with restrictions, so the first thing to do is to check your existing policy and talk with your insurance agent.

That said, traditional pet insurance that covers vet bills may also be advisable in some situations in addition to civil liability insurance. The new law also prevents pets from being euthanised, except by the decision of the vet to prevent suffering. That means that there could be situations where your pet is not ill enough to be put to sleep, but is ill enough to require prolonged medical treatment.

“If there is a treatment that allows the animal to continue living in a dignified manner, regardless of the costs, the law will oblige owners to provide their pets with the necessary care to continue with their lives. This is where it is especially important to have health insurance that can cover the high veterinary costs that may arise in these situations,” according to Joaquín de los Reyes, director of business development at MAPFRE Spain.

On account of both thee matters, the internet has seen a 41% increase in searches for civil liability insurance, and an 18% increase in pet healthcare insurance in August compared to July, according to the Rastreator’s pet insurance comparator. Incidentally, there are also combined insurance policies available from some providers.

There are many other elements that pet owners are obliged to satisfy, which we will explain in brief in the runup to the law entering into force, starting with dogs next week, but in the meantime, if you would like to consult the legislation in full, translated into English, you can do so at animalwelfarelaw.es

This article was published by our friends at The Leader Newspaper in Spain.

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