Article 36. General criteria for the inclusion of a species in the positive list of companion animals
1. The inclusion of a species in the positive list of companion animals will comply with the following general criteria:
a) Individuals of the species must be able to be adequately maintained in captivity.
b) There must be scientific reference documentation or bibliographic information available on the proper accommodation, maintenance and care in captivity of the particular animal or another similar one, as well as its breeding in captivity.
c) Species for which there is certainty that they are invasive in the territorial scope of the place of possession or that, in the event of escape and lack of control, pose or may pose a serious risk, will not be included in the positive list of companion animals. for the conservation of biodiversity in said territorial area.
d) Only species of animals that do not pose risks to the health or safety of people or other animals, or any other specific reasonable danger, will be included in the positive list of companion animals.
e) Individuals of protected wild species will not be included in the positive list of pets, especially those included in the special protection regime, both at the state and regional level, or protected wild fauna species not naturally present in Spain. by European Union Law and/or international treaties ratified by Spain, without prejudice to what is indicated for falconry birds used in accordance with the provisions of section 4 of article 7 of Directive 2009/147/EC of the Parliament European Council and of November 30, 2009, regarding the conservation of wild birds and provided that the Scientific and Technical Committee for the Protection and Rights of Animals endorses said exception.
2. Those species of animals with respect to which there are reasonable doubts about the possibility of maintaining and caring for them adequately in captivity will not be included in the positive list of companion animals.
3. Under no circumstances may invasive alien species be included in the positive list of companion animals in the terms defined in Royal Decree 630/2013, of August 2, which regulates the Spanish Catalogue of invasive alien species.
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