Introduction – II

The objective of this law is to implement legal mechanisms in order to promote animal protection and prevent the high degree of abandonment of animals in our country, establishing a common framework throughout the Spanish territory, involving public powers and citizens in the respect of all animals.

Thus, the different autonomous communities and the cities of Ceuta and Melilla have drawn up, in their respective territorial areas, a heterogeneous set of regulations relating to animal protection and welfare, which include, with different scope, patterns of behaviour towards animals, which justifies the need to provide coherence to the legal regime for the protection of animals in our country, setting a common minimum of rights and obligations with animals regardless of the territory in which they operate.

For their part, local administrations, within the framework of the provisions of Law 7/1985, of April 2, Regulating the Bases of the Local Regime, constitute a fundamental element to make effective the provisions set forth in this law, since, Not only do they constitute the first contact between the public and the Administration, but they also directly face the problem that, directly and indirectly, entails animal abandonment, within the framework of the exercise of powers regarding the environment and protection of public health in the terms provided in the autonomous legislation.

The possession of pets must entail a responsibility that is equal to the care that must be given to a being other than a thing, so the possession of pets must imply a commitment to their care over time, their identification, and their integration into the environment.

Through this law, mechanisms for the adoption of abandoned individuals are promoted, establishing pedagogical, informative, and animal control criteria that guarantee that unidentified animals are the exception to a normality where most of them are identified and with their veterinary treatments at the day.

Likewise, the European Parliament Resolution of June 9, 2021, on the “2030 Biodiversity Strategy”, urges Member States to develop, especially for the control of IAS, Invasive Alien Species, whitelists, incorporated into this law as “Positive Listings”, of species allowed for import, maintenance, breeding and trade as pets on the basis of a scientific evaluation, requesting its development as soon as possible for the entire European Union. In addition, in the same resolution of the European Parliament, member countries are urged to expand ecological and biodiversity resources through green areas in urban areas,

These positive lists should not be understood as a limitation compared to what is established in other regulations such as the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES Convention). It determines the conditions to be able to carry out cross-border movements for certain species whose survival may be compromised due to trade. This Convention regulates the conditions for the transport and destination of animals, but not their possession, so it must be completed with other limits as a result of existing technical, scientific and regulatory progress. The mere consideration contained in the Civil Code regarding animals as beings endowed with sensitivity, obliges the public authorities to guarantee the welfare of the animals subject to this law, and even the Spanish Catalogue of Invasive Alien Species obliges us to consider the possibility of affecting biodiversity as a limiting factor for the possession of wild animals in captivity. Finally, the safety and health of people must preside over the control exercised by public administrations for the possession of wild animals as pets.

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