Article 3. Definitions
For the purposes of this law, it shall be understood as:
a) Companion animal: domestic or wild animal in captivity, kept by humans, mainly at home, provided that it can be kept in good welfare conditions that respect its ethological needs, can adapt to captivity and that its possession does not is destined for consumption or the use of its productions or any industrial use or any other commercial or lucrative purpose and that, in the case of wild animals, its species is included in the positive list of companion animals. In any case, dogs, cats and ferrets, regardless of the purpose for which they are intended or the place where they live or from which they come, will be considered pets. Production animals will only be considered companion animals in the event that, losing their productive purpose,
b) Domestic animal: all those included in the definition of Law 8/2003, of April 24.
c) Wild animal: any animal that forms part of the set of species, subspecies and populations of fauna whose genotype/phenotype has not been affected by human selection, regardless of its origin, natural or introduced, including specimens of native and alien species, whether in captivity or free in the wild. Domestic companion animals will not be considered wild animals, even if they have returned to a feral state.
d) Wild animal in captivity: any wild animal whose genotype/phenotype has not been significantly altered by human selection and that is kept in captivity by humans. It can be a companion animal if it is included in the positive list of companion animals, otherwise, it will be considered for the purposes of this law as wild in captivity, without prejudice to the subjection of wild production animals to Law 32/ 2007, of November 7, for the care of animals, in their exploitation, transport, experimentation and sacrifice.
e) Abandoned animal: any animal included in the scope of application of this law, that roams without the accompaniment or supervision of any person, whether or not its origin or owner or person responsible has been identified and its disappearance has not been reported or reported in the established manner and deadlines. Likewise, abandoned animals will be considered those that remain tied up or inside an enclosure or farm without being cared for in their basic needs by the owner or responsible person, and all those that are not collected by their owners or managers of the collection centres within the established period, as well as residences, veterinary centres, or other similar establishments in which they had previously been deposited. Community cats belonging to feline colonies are excepted from this category.
f) Abandoned animal: anyone who, within the scope of this law and, regardless of its origin or species, finds itself in a situation of defencelessness or illness without receiving care or assistance.
g) Lost animal: anyone within the scope of this law that, being identified or unidentified, wanders without destination and without control, provided that its owners or managers have reported its loss or loss in the manner and within the period established to the competent authority.
h) Identified animal: one that carries the identification system established by the regulations for its species by the competent authorities and that is registered in the corresponding registry.
i) Animal used in specific activities: those pets that are dedicated to a specific activity or task, such as falconry birds, shepherd and livestock guard dogs or dogs and ferrets used in hunting activities.
j) Animal used in professional activities: those companion animals that are dedicated to a specific activity or task carried out jointly with their manager in a professional or work environment, such as rescue dogs, companion animals used in assisted interventions or animals for the Security Forces and Corps or the Armed Forces.
k) Animal welfare: physical and mental state of an animal in relation to the conditions in which it lives and dies, in the terms defined by the World Organisation for Animal Health.
l) Shelter home: private residence that, in formalised collaboration with a public administration, animal protection centre or animal protection entity, keeps abandoned or lost, helpless or intervened animals for temporary custody, guaranteeing the care, attention and maintenance in good hygienic-sanitary conditions.
m) Animal protection centre: establishment for the accommodation and care of lost, abandoned, helpless or seized animals, whether publicly or privately owned, equipped with the appropriate infrastructure for their care and the legally applicable authorisations.
n) CER: management method that includes the capture, sterilisation and return of community cats through means that are not harmful to the animals.
ñ) Feline colony: for the purposes of this law and its population protection and control, a feline colony is considered to be a group of cats of the Felis catus species, living in a state of freedom or semi-freedom, which cannot be approached or maintained easily by human beings due to their low or no degree of socialisation, but who develop their lives around them for their subsistence.
o) Registered breeder: person responsible for the breeding activity and registered in the Register of Companion Animal Breeders.
p) Cat colony keeper: person, duly authorised, who cares for the cats belonging to a colony, following a feline colony management method, without being considered the owner or person responsible for the cats in the colony.
q) Animal protection entities: those non-profit entities that carry out any activity of care, rescue, rehabilitation, search for adoption of animals, management of feline colonies, awareness of responsible ownership or legal defence of animals, registered in the Registration of animal protection entities in accordance with the provisions of this law.
r) Naturalised environment: places altered or degraded by human beings in which they act by introducing elements in order to reduce their degree of anthropisation.
s) Sterilisation: clinical method practiced by collegiate veterinary professionals by which a surgical or medical intervention is performed on the animal in order to prevent its reproductive capacity.
t) Urban fauna: any vertebrate animal that belongs to a synanthropic species and that, without having a known owner or manager, lives sharing territory with people, in urban centres of cities and towns.
u) Community cat: for the purposes of this law and its population protection and control, a community cat is considered to be that individual of the species Felis catus,which lives in freedom, but is linked to a territory and cannot be approached or maintained. easily by human beings due to their low or no degree of socialisation, but which develops its life around them for its subsistence.
v) Prowling cat: that cat that goes outside the owner’s home without supervision.
w) Management of feline colonies: standardised procedure, in accordance with the regulatory development established by the competent administration, through which a group of non-adoptable community cats are fed, registered and subjected to a CER health and population control program, controlling the arrival of new individuals.
x) Positive list of pets: list of animals that can be kept as pets.
y) Abuse: any conduct, both by action and by omission, that causes pain, suffering or injury to an animal and harms its health, or causes its death, when it is not legally covered.
s) Euthanasia: death caused to an animal by means of veterinary assessment and intervention and non-cruel and painless clinical methods, with the aim of avoiding useless suffering that is the consequence of a severe and continuous condition with no possibility of cure, certified by veterinarians.
aa) Zoos for companion animals: establishments that are subject to authorisation and registration and whose activity is the temporary or permanent housing of companion animals. Veterinary centres are excluded from this definition.
bb) Responsible person: that natural or legal person who, without being the owner, is, circumstantially or permanently, in the care, custody or custody of the animal.
cc) Assistance dog: the one that after passing a selection process has completed its training in a specialised entity and officially recognised or approved by the competent administration, with the acquisition of the necessary skills to provide service and assistance to people with disabilities, as well as such as warning dogs or assistance dogs for people with autism spectrum disorder.
dd) Holder person: the person who appears as such in the official records established for the different species.
ee) Animal behaviour professional: veterinarian or qualified or accredited person in charge or under his responsibility, whose professional performance is related to the training, education or behaviour modification of animals.
ff) Animal protection: set of rules and actions aimed at protecting, favouring and defending animals.
gg) Definitive shelter for animals: shelter or centre authorised for the permanent stay of animals that have been abandoned, confiscated, transferred voluntarily, rescued, or similar circumstances, in which they remain until their death without being able to be used or sold in any case.
hh) Responsible ownership: set of obligations and conditions that must be assumed by the person who owns or is responsible for an animal to ensure the protection and welfare of animals in accordance with their ethological and physiological needs.
ii) Accredited animal behaviour veterinarian: veterinarian with accredited training in the field of animal behaviour and whose professional performance includes the prevention, diagnosis and treatment of behaviour problems in companion animals.
jj) Relocation: method by which, under the exceptional conditions included in this law, a feline colony is removed from a location, moving to a new one conditioned for this purpose, under the supervision of a veterinary professional and respecting the well-being and health of the cats.
kk) Adoption of animals: transfer of ownership of abandoned, helpless or confiscated animals, carried out by an animal protection centre or animal protection entity in favour of a third party, formalised as such through the corresponding contract, under the terms set forth in the present law.
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