The Animal Welfare Law presented by the government continues to generate controversy. After being recently approved, there have been many critical voices that have given their opinion on the matter.
After analyzing the text of the animal law project, the government’s intention to force dog owners to take a training course to be able to have their pet can be appreciated. Furthermore, it states that animals must undergo a sociability test to define his character. With this test, the Ministry of Social Affairs and the 23 Agenda will repeal Law 5/1999, of December 23, on the Legal Regime of the Possession of Potentially Dangerous Animals.
And it is that according to the ideologues of the animal law, each dog will be studied individually, so that there will be no dangerous dog breeds and those animals that are aggressive or pose a risk to the environment, will go from being «Potentially Dangerous Dogs” (PPP) to be considered “special handling dogs”.
A law that, on the other hand, exempts hunters from taking the possession course and their dogs from taking the test, but at the same time article 39.4 establishes that “the absence of evidence of sociability will mean the classification of dogs that carry out hunting activity as special handling dogs outside of hunting activity”.
That is why since the law was approved all dogs will be considered dangerous animalsunless their owners submit them to the sociability test of the Royal Canine Society of Spain for Utility and Sport Dogs.
situation for hunters
However, for hunters this scenario generates greater legal uncertainty. As previously mentioned, the current potentially dangerous dogs will cease to have that consideration with the approval of the law, pending a test that classifies them as “special handling dogs”.
And it is that these will be able to walk without a muzzle and without any of the preventive measures to which they are now obliged, while the opposite occurs with hunting dogs, who instead will have to submit to them. That’s why they’ll be exposed to serious legal uncertaintysince the regulation that marks the law establishes requirements or sanctions that are very difficult for the owners of these dogs to assume if they do not submit them to the sociability test from which, supposedly, they are exempt.
For example, already in its article 28.3, the animal welfare bill established that dogs for special handling “should have sufficient security conditions to avoid escapes or possible aggressions.” This, transferred to a rehala, could suppose the mandatory to have additional security systems and individual kennels to be able to have it, without forgetting that the sanctioning regime, in case of not complying with the rules, will be extremely punitive.
This also clashes with a huge number of regional and even local regulations built around the figure of the PPPsin which the different administrations demand requirements such as possession licenses for this type of dog.
Penalties of up to €1,
This Animal Welfare Law not only intends to impose a kind of animalism with negative consequences in sectors such as the commercialization of animals or hunting, but also will affect the entire population setting a large number of prohibitions with significant penalties for breaking them.
In this sense, the sanctioning regime considers as minor infractions, fined between 5 and 1, euros“those conducts that, by action or omission, lead to the non-observance of the prohibitions and obligations established in this law”.