The Law on the Protection of the Rights and Welfare of Animals, approved with great controversy in March, comes into force on Friday at half speed, since the acting Government cannot approve a regulation in the form of a decree that will develop basic aspects of the norm. This regulation is essential for future obligations that cannot yet be applied, such as liability insurance for dogs, the course for all pet owners – not only dogs – or the registration of all animals – also birds and rodents. Among the novelties that do apply since this Friday are the obligation to sterilize all cats -except those of breeders-, the zero sacrifice of pets in animal shelters and penalties for leaving a dog tied and unsupervised in a supermarket, on a balcony or inside an empty car. The most serious cases of ill-treatment were already covered by the Penal Code – amended in March – but other irresponsibilities can now be punished. Hunting dogs and those for professional use are outside the law.
Forbidden to leave a dog at the door the super
The law prohibits keeping animals "on a leash or wandering in public spaces without the face-to-face supervision" of their caregiver. "People will no longer be allowed to leave their dog at the door of the supermarket," says Sergio García Torres, general director of Animal Rights. The penalty, light, can range between 500 and 10,000 euros, and depends on municipalities and autonomous communities. Nuria Menéndez de Llano, director of the Observatory of Justice and Animal Defense, points out: "Leaving an animal tied for a minute to enter to buy bread is not a problem, but leaving it for an hour in the sun to enter a shopping center yes, because it can become dehydrated, there may be a risk of abuse or being attacked by another dog. "
No dog can be alone more than 24 hours
The rule sanctions leaving a dog alone and unsupervised for more than 24 hours, and three days if it is any other pet. It is also forbidden to have dogs and cats on a regular basis "on terraces, balconies, rooftops, storage rooms, basements, patios and similar or vehicles" or permanently leashed. "Leaving a dog in a car in summer is a serious irresponsibility, in five minutes the temperature can rise a lot and can affect you," explains Menéndez de Llano. This lawyer specialized in animal law points out that this type of situation can now be reported to the Local Police, National, Seprona or through the Alertcops app. Sanctions, where appropriate, must be imposed by the responsible regional authorities.
A dog tied up at the door of a supermarket in Manzanares el Real (Madrid), in a file image.
Waiting for dog insurance
One of the novelties that remain waiting is the compulsory civil liability insurance for dogs. "It does not enter into force until the regulation is approved, because the articles state that the amount of civil liability must be developed," says García Torres. In fact, the Ministry of Social Rights sent an informative note a few days ago to warn of this; the department hopes that the regulation can be approved before the end of the year, since it is practically drafted, although for that a Government has to be formed. It is studied that the insurance covers about 100,000 euros of civil liability, something that is already included in most home policies. According to sources in the sector, a specific insurance with these characteristics can range between 20 and 50 euros per year. That amount increases for potentially dangerous dogs, which were already required to insure. In addition, Madrid and the Basque Country already require this measure for all dogs.
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Future course for pet owners
The law includes a minimum knowledge course for all pet owners (from dogs to parakeets), but you must wait for the publication of the regulation. "They will be very simple and accessible to everyone, adapted to each animal. But for it to work before we have to launch a free online platform, "says García Torres. It will consist of seeing a series of slides and infographics, and several texts of information and then answering some simple test questions, in order to assess that the minimum issues for the possession of a pet are known. It can also be filled in the establishments that collaborate -such as associations or veterinarians-, although it is also to be specified. If a couple has a pet, it will only be mandatory for one person. When it is in force, in a few months, it will be an essential requirement to buy or adopt any animal.
Dangerous dogs are kept
José Miguel Doval, president of the Royal Canine Society of Spain (RSCE), explains: "The rule was intended to end the list of potentially dangerous dogs, which includes eight breeds, but at the last moment of the parliamentary procedure it was maintained. Now they are called special handling dogs." This type of animals must always be muzzled – even in dog parks – and on a short leash, in addition to their owners must already have insurance and a license – for which it is necessary to have no background. "It leaves open the possibility that the future regulation allows these dogs to pass a sociability test so that they become normal handling," says Doval. The RSCE already does this type of exams – which have passed about 4,000 dogs – which include tests such as calling the dog loose and coming, letting it put on the muzzle to get in and out of the car, or being able to be still for two minutes next to other dogs.
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You will need to sterilize your cat
From Friday, it will be mandatory to "identify by microchip and proceed to surgical sterilization of all cats before six months of age." That already happens with all felines that come from a protective and many communities have regulated it, but now it extends to all specimens. Those who do not want to castrate their animal must register in the Register of Breeders of Companion Animals. However, this registry – like the other four included in the law – will not enter into force until there is regulation, so it will be difficult to apply sanctions for this reason for now. Animal Rights will make awareness campaigns to enforce it. "The purpose is not punitive, but informative," they say. Both this measure and the registries seek to end abandonment. "Spain is the country in Europe where more animals are abandoned, about 800 a day. In the shelters we have about 400,000 animals – 75%, dogs. We must end this scourge," says José Luis Macías, president of Iberanimal. Veterinarians criticize that the control of this measure will fall on them, who are not health authority.
New management of feline colonies
From now on, the municipalities will be in charge of managing their feline colonies, that is, the cats that live free on the streets. The standard imposes the CER method (capture, sterilization and return), which will involve capturing these cats, identifying them with a microchip and releasing them again. Social Rights provides public funds for this: this year, almost two million that have been allocated to about a thousand consistories. Luis Alberto Calvo, president of the Collegiate Veterinary Organization, points out: "It will be a difficult aspect to fulfill, they are animals that are not socialized and it is not easy to capture and sterilize them. We are concerned that they are controlled, because they can be a public health problem. In addition, there are few municipal veterinarians, about 200 in all of Spain." Biologists also criticize that feline colonies are a problem for biodiversity, although the rule contemplates that, if there is danger, they can be moved to another place.
What animals can not be kept as pets
This is one of the aspects that has generated the most hoaxes. Most pets can still be pets: dogs, cats, ferrets, hamsters, parakeets, canaries, turtles ... Dangerous or poisonous animals, wild mammals of more than five kilos and reptiles (except turtles) of more than two kilos, such as large snakes or iguanas, are left out. If any person has one of them, they must notify the autonomous community. "Criteria will be developed to ensure that these animals are in good condition, and to ensure that they are not going to be bred and marketed. They will not be requisitioned unless they are a danger to society, such as a tiger or a cobra," says García Torres.
Later there will be a positive list with the animals that can be purchased or adopted in Spain, although there will be a transitional period. This seeks to reduce invasive species. Santiago de Andrés, of the employers' association Anfaac, asks that the future positive list "be broad, given the great variety of situations and needs of our society." Anfaac estimates that there are about 30 million pets in Spain, including 9.3 million dogs, and 5.8 million cats, as well as reptiles, fish and small mammals.
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In a year, stores won't sell dogs or cats
One year after the regulation came into force in September 2024, pet shops will no longer be able to sell dogs or cats, something that only registered breeders can do (although registration is not yet underway). That was already the case in Madrid. From Friday, dogs under four months old can no longer be sold in them. "It's a de facto ban, most of the dogs being sold are younger. There are about 5,500 stores selling pets, food and accessories, a market of $4 billion a year. We estimate that about 000 will have to close," says Adolfo Santaolalla, of the sectoral employers' association Aedpac.
Zero slaughter in animal shelters
The rule includes a ban on slaughtering animals in animal shelters and municipal kennels. "It was something that was almost not done, almost anecdotal, but it is good that the law collects it, because we have denounced some municipal management in this regard," says Macías, of Iberanimal. Meanwhile, pet stores will be able to display dogs and cats for adoption, although they will not be able to sleep there. "Many protectors have agreements to make adoption days in shops," adds Macías.
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