Introduction – III
The law is structured in a preliminary title, six titles, five additional provisions, six transitory provisions, a repealing provision and nine final provisions.
The preliminary title addresses general aspects related to the purpose of the law and its scope of application and defines the concepts contained therein.
Title I establishes administrative mechanisms aimed at promoting animal protection, through the consecration in Chapter I of the principle of collaboration between public administrations in this matter, outlining different collaboration and advisory bodies with representation of people with a scientific and technical profile, with representatives of the territorial administrations and professional institutions immersed in the world of animal protection.
Chapter II regulates the new Central System of Records for Animal Protection, as a support tool for public administrations in charge of the protection and rights of animals.
Chapters III, IV and V of Title I regulate instruments for the monitoring and implementation of public policies on animal protection, through the creation of the Animal Protection Statistics, the configuration of territorial programs aimed at the protection of animals and the provision to public administrations of economic means to implement their policies on animal protection.
Chapter VI outlines the necessary collaboration between the competent ministerial department and the public institutions directly concerned in the fight against animal abuse.
Chapters VII and VIII establish obligations for the territorial administrations, to have both protocols for the treatment of animals in emergency situations, often forgotten, which causes negative consequences for their owners, and Public Animal Protection Centres, own or concerted, so that the municipalities themselves get involved in animal protection and do not make this work fall exclusively on private and non-profit entities.
Title II deals with the possession and responsible coexistence with animals, establishing a common set of obligations and prohibitions, without prejudice to those that may be established by the autonomous communities within the framework of their powers, for persons who own or are responsible for pets, and wild animals in captivity.
In particular, the prohibition of the slaughter of companion animals is established, except in the cases contemplated in this law, always carried out by a veterinarian, not allowing animals to be slaughtered for reasons of location, age or space of facilities.
Chapter II establishes the conditions of ownership of pets in particular, both in private homes and in open spaces, in order to guarantee the protection and rights of animals, as well as the conditions of access to means of transport and establishments open to the public. In particular, with respect to dog owners, it is mandatory to have completed a training course for this purpose, with the aim of facilitating proper responsible ownership of the animal, often conditioned by the lack of knowledge in handling, care and animal ownership.
Chapter III regulates the breeding, possession and trade of wild animals not included in the positive list of companion animals, as well as the breeding of alien species.
Chapter IV establishes the bases of what responsible coexistence with animals should be, as well as the promotion by the public powers of activities aimed at disseminating in society the basic criteria for responsible animal ownership and coexistence.
Chapter V introduces into our legal system the concept of a positive list of companion animals that allows their possession, sale and commercialisation, prioritising criteria of safety for people, public health and the environment to limit the species that can be considered companion animals.
Chapter VI establishes the legal framework for the management of feline populations in the wild, colonies originating from unsterilised abandoned, stray, or prowling cats and litters from them, which are the product of irresponsible ownership. The concept of community cat is introduced, the free cat that lives in human environments and that is not adoptable due to its lack of socialisation, and an integral management of them is established with non-lethal methods, based on the CER method, with the aim of objective of progressively reducing its population while controlling the contribution of new individuals with the obligatory sterilisation of cats with homes.
Chapter VII classifies for the first time the different types of animal protection entities, depending on their purpose, establishing the registration requirements in the Register of animal protection entities.
Title III, relating to the breeding, trade, identification, transmission, and transport of animals, regulates in its chapter I the breeding and trade of animals that must be governed by guaranteed and clear rules, distinguishing animals by their condition as sentient beings. Breeding can only be carried out by registered breeders, with veterinary supervision mechanisms, to ensure that it is carried out in a responsible and moderate manner.
The sale or adoption of companion animals is regulated, establishing only the possibility of being carried out by breeding professionals, specialised and authorised stores or animal protection centres. Likewise, the free assignment is contemplated as long as it is reflected in a contract between the parties.
Likewise, this chapter regulates the import and export of companion animals to give coherence to the positive list of companion animals. Said regulation shall not contravene the regulations regarding veterinary controls at the border and the customs system of the European Union, especially that established by Regulation (EU) 2017/625 of the European Parliament and of the Council, of March 15, 2017, regarding the controls and other official activities carried out to guarantee the application of the legislation on food and feed, and of the standards on health and welfare of animals, plant health and phytosanitary products, and by which Regulations (EC) number 999 are modified /2001, (EC) No. 396/2005, (EC) No. 1069/2009, (EC) No. 1107/2009, (EU) No. 1151/2012, (EU) No. 652 /2014,
Chapter II of said title III establishes the conditions for the transport of animals included in the scope of application of the law, so as to guarantee decent transfer conditions that respect the physiological and ethological needs of the animal.
Title IV, in response to an evident social demand, regulates the use of animals in cultural and festive activities, establishing conditions of use in accordance with their dignity as sentient beings, in order to avoid situations of humiliation, mistreatment and death of the animal.
Title V regulates the inspection and surveillance functions, under the premise of the competence of the autonomous communities in the inspection work, and the necessary collaboration with the Security Forces and Corps.
Title VI establishes the common regime of infractions and sanctions for non-compliance with the provisions of the law, as well as the disciplinary procedure, which is the responsibility of the autonomous communities or local entities.
The additional provisions refer to the legal regime applicable to assistance dogs, to the preparation of the first State Plan for Animal Protection and the specific powers of the Ministry of Defence with respect to the animals assigned to it and to its public bodies, to the preparation of a great apes law and a mandate to the Government to prepare some recommendations on ethical principles and conditions of animal protection.
The transitory provisions establish the regime temporarily applicable to certain aspects of the law, such as the approval or acquisition of titles by those who currently work with animals, the prohibition of certain species as companion animals, the owners of circuses, carousels or fairground attractions in those that use animals, the sale of dogs, cats and ferrets in stores, the possession of pets and cetaceans that live in captivity.
The final provisions include various modifications of the precepts of current laws necessary for their accommodation to the requirements and provisions derived from this law, its constitutional foundation, enable the regulatory development and establish the date of its entry into force, six months after its publication in the «Official State Gazette».
The bill from which this law brings cause is adapted to the principles of good regulation in accordance with article 129 of Law 39/2015, of October 1, on the Common Administrative Procedure of Public Administrations. The principles of necessity and effectiveness are followed by ensuring the efficient use of public resources, by optimising the participation of public, state, regional and local administrations in collegiate bodies for the promotion of animal protection. The principle of proportionality is adhered to by establishing the minimum essential regulation to meet the required needs, without there being alternatives to legal regulation, given that all the proposed measures require their embodiment in a standard with this range, for reasons of legal security and to ensure its effectiveness. It conforms to the principle of legal certainty, by reinforcing the coherence of the legal system, as well as its knowledge by its recipients, particularly with regard to the regime of tenure and responsible coexistence with animals, achieving a stable, predictable, integrated regulatory framework, clear and certainty, which facilitates its understanding and, consequently, the action and decision-making of people, companies and administrations. The draft responds to the principle of transparency, by clearly defining the objectives of the provisions introduced, while allowing a broad participation of its recipients. Likewise, it meets the principle of efficiency by rationalising the use of public resources, and, on the other hand, the administrative burdens that are introduced redound to the main objective of the law.
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