On March 16, 2023, the new animal welfare law in Spain was passed and on September 29, it officially came into force. The new animal welfare law in Spain brings with it a number of changes in various aspects. In this article, however, we would like to focus on the points that affect dog owners. You can read the entire new animal welfare law in Spain here.
Changes with good intentions and yet essentials ignored by the government
According to the official BOE document, the new animal protection law is intended to protect animals living in Spain and ensure their welfare. So the question immediately arises for us: “Why has the issue of keeping hunting dogs been completely ignored and not even discussed, let alone newly regulated? Do hunting dogs not belong protected or is the welfare of hunting dogs irrelevant?
The answer is of course “no”. The lives of hunting dogs are just as important as those of any other dog, yet there are countless politicians and officials within the police forces who pursue this unnecessary hunting of rabbits and quails. It can therefore be assumed that there will be no change in this respect for a very long time to come.
The key changes for dog owners
However, the new animal protection law in Spain also brings changes that actually serve the welfare of animals.
Ban – leaving pets alone
Pets may not be left alone for more than three days. In the case of dogs, this is even limited to one day. Finally, it is also forbidden to keep pets on balconies, roof terraces or basements. This regulation was long overdue. Unfortunately, far too often, dogs are locked out on small balconies, regardless of their size, and have to live in their own excrement for weeks, calling for help all day and nobody cares.
- Anyone who violates this law will rightly be asked to pay. Anyone who leaves a pet alone for longer than three days must expect a fine of between €500 and €10,000, depending on the severity of the offense.
- Anyone who keeps their pet on the balcony, roof terrace, in the cellar or similar is committing a particularly serious administrative offense and will face a fine of between €10,001 and €50,000.
- In the event of a report by a third party, e.g. by a neighbor, the police are now obliged to initiate an investigation, with the following possible consequences for the perpetrator:
→ The pet is handed over to an animal shelter or official institution
→ A ban on working with animals
→ Temporary withdrawal of the right to keep a pet
→ A compulsory course of socialization towards animals
→ Court order for community service
Opinion of LIFE4DOGS
We at LIFE4DOGS are happy that the fines are high in this respect. However, we think it is ridiculous what the consequences are for the animal abuser. Community service or an animal socialization course? This is as effective as trying to light a candle during a monsoon. These acts of animal cruelty are not misdemeanors, but criminal offenses against living beings and that is exactly how they should be punished.
Listed dogs – potentially dangerous dogs
However, the biggest joke in this new animal protection law in Spain is the regulation of listed dogs. There is no change! Countries like Germany and Switzerland are leading the way, but Spain wants to remain stuck in the century before last. The discrimination against countless dog breeds and the restrictions for these dog breeds is simply inhumane. Any dog can bite a person! – That is a fact, regardless of the breed of dog. A German Shepherd or a Malinois are at least as much of a risk as a Staffordshire Bull Terrier.
Every dog should be handed over to a dog owner who is responsible and aware of what the dog breed needs. However, this task starts with the breeders and brokers. If the breeder only sees profit, there will be no improvement. Added to this is the fact that the police officers hardly carry out any checks on the keeping of the dogs or the great license (Licencia PPP). This can be applied for without any great difficulty by anyone, even those who are not responsible, and in 95% of all applications it is issued by the local authority because they don’t want a long discussion.
Opinion of LIFE4DOGS
We are of the opinion that such discrimination must come to an end as quickly as possible. No dog is born with the instinct “I want to hurt people”. It is us humans, the supposed victims, who instill such behavior in a dog! It is people who mistreat, neglect and inflict pain on dogs. With regard to the protection of other dogs, the responsibility also lies with the dog owner. Every dog owner should at least be able to understand the body language of their own dog in order to be able to assess whether their dog is getting along with the other person, playing or whether there is dominance behavior or even aversion. If the dog owner cannot do this, they should not be allowed to have a dog. Dogs are neither a pastime nor an entertainment object. Dogs are living beings with feelings and needs!
It’s always a question of upbringing – it’s up to us humans how our four-legged friends develop…
The left picture shows a result with the wrong education… | The picture on the right shows a result with correct education…
We would also like to list here which dog breeds fall victim to discrimination by the legislator and are classified as “potentially dangerous dogs” in Spain.
According to the legislator “potentially dangerous dog breeds”:
→ Pit Bull Terrier
→ Staffordshire Bull Terrier
→ American Staffodshire Terrier
→ Rottweiler
→ Dogo Argentino
→ Fila Brasileiro
→ Tosa Inu
→ Akita Inu
Furthermore, dogs that cannot be clearly assigned to a breed are classified as “potentially dangerous” if they meet the following criteria:
- Strong muscles, powerful, robust appearance, athletic build, agility, strength and endurance.
- Distinct character and very courageous.
- Short coat.
- Chest circumference between 60 & 80 cm, height between 50 & 70 cm and weight over 20 kg.
- Voluminous, cuboid, robust head with a broad, large skull and muscular cheeks. The jaws are large and strong, the mouth robust, broad and deep.
- Broad, muscular and short neck.
- Massive, broad, large and deep chest with arched ribs and short, muscular loin.
- Parallel, straight and strong forelegs and very muscular hindlegs, with relatively long legs forming a moderate angle.
Based on the aforementioned criteria, the following dog breeds are also included:
→ Doberman
→ Bullmastiff
→ Dogue de Bordeaux
→ Neapolitan Mastiff
→ Boxer
→ Canarian Mastiff (Presa Canario / Dogo Canario)
→ Bull Terrier
→ Tibetan Mastiff
Of course, there are many other dog breeds that meet these criteria. We therefore always recommend that you check with the relevant authority or vet in advance.
Compulsory dog course for dog owners
Generally speaking, we favor this step. Similar to the dog license in Germany. However, it is important here, and this is precisely where we see the problem, that the course instructors also understand what the students, the future dog owners, are doing exactly. They must not simply work through a kind of checklist, but the instructor must be able to assess the student’s general skills. This is the only way the instructor can determine whether the student is only mastering himself in order to pass the course or whether he will go through the day like this every day in the future. We are talking here about basic psychological knowledge of people and their behavior.
However, as the current legal situation shows, Spain is passing a law like this without creating an infrastructure in advance. At the time of writing, the legislator has yet to define the content of the course. The dog course should also be able to be completed online. This confirms the inability of the legislator to give serious thought to the laws that are passed. As mentioned in the section above, it should not just be a checklist! Article 30 of the new animal protection law in Spain also states that this course only has to be completed once and is valid for life.
The legislators have not given any thought to this either. The only important thing is to look good vis-à-vis the EU in order to collect money that will then flow into projects such as the 19 million for the swimming pool in Santa Cruz. Big speeches and promises, and in the end it’s just hot air that results. If we now take a closer look at the timeline, the new law came into force on 29.09.2023, with the statement that the mandatory courses will be regulated in the coming weeks.
Published on 04.04.2024 Liberdad Digital the article that the regulations are still not in place, with the statement by Luis Alberto Calvo (President of COLVET) that, meanwhile, a decree will finally be submitted in the next few months. Please note that this is only about the submission and not about the entry into force! So after 8 months of the entry into force of the new animal welfare law in Spain, the mandatory dog training course is still not regulated. On a side note, we would like to mention that owners of hunting dogs and sheepdogs are not affected by the law. This could be due to the fact that many politicians are hobby hunters and the legislator naturally does not want to take the risk of a politician failing the dog course, as this would be unrealistic.
Opinion of LIFE4DOGS
The legislator also shows here in all aspects how important animal welfare really is! Characterized by incompetent political ideals under the guise of protecting the general welfare of animals, new rules and regulations are created that bring neither control nor effectiveness. Why are no animal welfare associations, animal shelters or NGOs involved in such laws? They have experience and can show naive politicians the reality of what is actually necessary and what is superfluous! But it is also understandable that politicians do not want to hear these opinions (from animal shelters and animal welfare organizations), as this would give the legislator a big voice and, in the worst case, the public would listen and demand REAL demands from the government!… Spain cannot take that risk, of course…
Compulsory liability insurance for dog owners
One of the most effective and truly intelligent new laws is the mandatory liability insurance for ALL DOGS under Article 30(3), which states that every dog must be covered by liability insurance for its entire lifetime. This must also cover the possible costs of personal injury. Special insurance must be taken out for dogs that are classified as “potentially dangerous” in a discriminatory manner, i.e. PPPs. Please ask your insurance provider about this.
This means that dog owners who have a German Shepherd or a Beagle, among others, must now also take out liability insurance for their beloved four-legged friend. This means that at least one step has been taken towards equality for dogs, even if it is only a small step.
