CGL20160714_11_39_36 law 11/2016, from June 28th, tenure and animal protection law 11/2016, from June 28th, tenure and protection of animals since the General Council in its session of 28 June 2016 has approved the following: law 11/2016, from June 28th, tenure and protection of animals preamble the law of possession and protection of animals , 30 June 1998, laid the foundations for regular deployment in the field of the conservation of the wildlife and the protection of domestic animals.
For fourteen years he became a useful tool in order to respond to the need, the concerns and the problems inherent in this area, and was allowed to meet satisfactorily the objectives that the legislature had been set initially.
However, the significant changes in the field of the protection and animal welfare made it necessary to revise and adapt the first text in the new situation. Thus, it is tramitava and was approved the law 13/2012, tenure and protection of animals, on July 12, 2012, and obtained more modern texts and I had in mind the new situations raised around the possession of animals and especially in that of pets. After little more than three years since the adoption of the law 13/2012, has demonstrated an increase in the concerns stated by the public around issues relating to the possession and protection of animals. The actual contents of the law does not allow the Administration to respond diligently to some of these issues, as well as the demands from civil society towards the State make it convenient to revise some of the precepts of the current policy.
The concept of animal welfare presents a social dimension evident and the way the United States implementing is a real indicator of the maturity of a country. The realization of behaviours, practices and attitudes contrary to the aim of preservation of animal welfare and the lack of legal tools to deal with have motivated the work of modification of the law 13/2012 to equip the new text of all the elements necessary to respond efficiently and decisively in cases where the animals are victims of events that cause physical or mental suffering and at the same time, prevent any actions that could be considered child abuse.
As well, the new text, in the title and, with regard to the General provisions, improving the description of the scope of application of the law with reference to the species of native wildlife in order to point out that the caçables and fishing species are subject to the provisions of this policy with regard to protection, possession, dealing, handling, and use. With regard to the activities of hunting and fishing and its management, as well as the transport of parts subject to hunting or fishing, regulate by specific rules on the matter. It also includes a series of new definitions in relation to the concepts of suffering and abuse as well as an update of the rights and obligations of owners of animals and of their relations with the public administration. At the same time, the addition of new sections in the article set of actions and activities prohibited will respond to current requirements in the area of animal welfare.
The title II has remained practically the same content, but has removed the possibility to experiment with animals except in certain cases, to adapt to the provisions in force in the European Union.
Title III creates the official new adoptive person, responsible for public facility to host the cats that are in a situation of abandonment in order to facilitate its adoption. There is as well a set of facilities formed by the kennel and the official new adoptive person that will properly manage the cases in which a pet must be given up for adoption or has been lost and must be kept in residence until you recover.
The changes to titles IV and V, "wildlife" and "inspection and control", respectively, are motivated by the need to specify certain aspects relating to the conservation and protection of habitats of protected species, improve the administrative procedures that make reference to the import and export of wild fauna species, the regulation of activities that may affect species of wildlife in the critical periods of their life cycle and provide the Ministry responsible for the wildlife the competition for the surveillance and control of the activities and facilities related to wildlife.
The text includes a new title VI relating to the fee for the issuance of permits and certificates related to the content of article 5 and article 10 of the law that established the need on the part of the Administration to authorize certain movements of animals or products as well as the facilities considered Zoological nuclei through the formalization of official acts.
With regard to Title VII, "Offences and penalties", has been updated in accordance with the amendments made to the text and completed the inclusion of cases of infringement that had not been classified.
On the other hand, in order to allow a flexible management of genealogical records of race, is introduced into the text a final provision that modifies the law 14/2012, of animal health and food safety, which allows entities duly authorised the transfer, by the Government, the management of genealogical records.
This modification, and especially the classification of behaviours administratively as well as the planned sanctions, have behaved in the same way the modification, through the corresponding final provision which, for the affectation to the fundamental rights of citizens has taken the rank of qualified provision, articles 297, 298 and 502 of the penal code in order to punish the most serious with effective penalties and dissuasives and Therefore, proportional to the seriousness of the events that you describe. It also has incorporated supplementary sanctions to prevent in the future any further Commission of acts as well as the comís of the object of the crime.
Title i. General provisions Article 1. Object
1. This law is intended to establish standards for the protection of animals, possession, dealing, handling, the trade and the use of domestic animals, and wild animals, whether they are native wildlife as non-native fauna, including caçables species and fishing, as well as their products or parts derived, with the exception of the transport of the pieces obtained through the activities of hunting and fishing regulated by the special provisions in accordance with article 1.2.
For the purposes of this law, are included within the category of pets are animals assistance and therapy.
2. The scope of application of this law does not extend to the activities of hunting and fishing and its management, which is regulated by specific provisions.
Article 2. Purpose and principles 1. The purpose of this law is to achieve the maximum level of protection and welfare of animals and encourage a higher responsibility and a more civic-minded citizens in defence and preservation of animals.
2. animals are living beings endowed with physical and psychic sensitivity, and also to volunteer movement. Have received the treatment, taking into account its basically the behavioural needs, to provide well-being.
3. no one may cause suffering or abuse the animals.
4. Pets must not be subject to seizure in any court proceedings.
Article 3. Definitions according to this law, it is understood by: a) pets: all pets that live with people and you usually don't have peers of the same species in the wild. Meet the function to be useful to people in any aspect that is not their products, but any service related to leisure.
b) Animals of income: all pets that will produce, reproduce, fattening and generally are bred for products or to provide services, either for self-consumption or for marketing.
c) pets: pets and animals of income.
d) native wildlife: species of the native fauna are defined as the set of species, subspecies, and populations of individual animals that are native to Andorra or have been introduced and currently live and reproduce naturally in the wild, including those that Hibernate or are out of step.
e) native Fauna species not set: includes, subspecies, and populations of individuals animals originating from outside of the Andorran State who live in freedom or that are kept in captivity in zoological collections or in the aquarium at home as pets, whether they are single copies or in batches. They exclude pets and animals-income defined in this article.
f) Wild Animal in captivity: copy of the indigenous or non-indigenous wildlife that individually depends on humans, there are lives and has assumed the habit of the order, regardless of whether you are in the aquarium at home or in specific installations.
g) ensalvatgit Pet: pet that loses the conditions that make it suitable for coexistence with people.
h) abandoned Animal: pet that was not accompanied by any person not carrying any identification of their origin or of the person who is the owner, once after the deadline established in the current regulations to be recovered.
I) Wild Animal live in the wild: animal geographic territory sharing urban people, referred to the village of cities and towns, and which belongs to the species that have been determined by regulatory pathway.
j) zoological: Zoological associations to exhibit animals, the facilities to keep animals, places of sale and breeding of animals, the animal collection centres, the domicile of individuals where they make sales or other transactions with animals and with similar characteristics to be determined by regulation.
k) assistance dog: dog that has been trained in a specialized and legally established, to provide service and assistance to people with a disability visually, aurally or physically, or who suffer from autism spectrum disorders, diabetes, epilepsy or other conditions in which the support of a trained dog has achieved positive results in demonstrable.
the Dog: dog therapy) who has been trained in a specialized and legally established, to take part in sessions of interaction with animal-assisted people who brings a benefit in the therapeutic process or education.
m) Association of protection and defence of animals: nonprofit entity legally incorporated that has among its objectives or purposes back and protect the animals.
n) physical Suffering: State in which there is pain, understood as the aversiva sensory experience that produces protective and motor actions that result in learning to avoid it, which you can modify specific behavior traits of the species, such as the social conduct, or State in which you demonstrate physical injuries, such as cuts, Burns, bruises, fractures or other injuries , the consideration of which can cause a loss of the health, physical integrity, or even death.
or mental Suffering): State in which there are signs of anxiety and fear, as are calls of distress, fight, escape attempts, defensive aggression or be responsible for, responses of stoppage or immobilization, designed, panting, urination, defecation, emptying sacks Annals, dilation of pupils, tachycardia or reflex contractions of skeletal muscles that originate tremor and other muscle spasms.
p) child abuse: action by means of which, voluntarily or by negligence, it causes a physical or psychological suffering to an animal.
q) possession of animals: the possession, temporarily or permanently, of animals of any type with or without profit.
Article 4 Obligations of the owners and holders 1. Any person who is the proprietor or possessed of an animal has the obligation to provide him food and the appropriate care, both in the preventive treatment of diseases as in the healing, applying the sanitary measures and established transport regulations and to provide an accommodation in accordance with the requirements of their species.
2. Any person who is the proprietor or possessed of an animal is liable for any damage, damages and inconvenience that the animal may cause to people and to public or private property.
3. The owners of the animals included in the list of species which, for this purpose, it is established by the regulations, they have to hire and keep in force a policy of insurance with a company legally established in the Principality that covers civil responsibility for damages and damages that the animal may cause to third parties.
4. Any person who is the proprietor or possessed of an animal has the obligation to adopt the necessary measures so that the animal does not dirty the roads and public spaces and private-owned properties and to withdraw it immediately the faecal.
5. Any person who is possessed of an animal has the obligation to declare the cadellades or the young in the appropriate register.
Article 5. Transport, import and export 1. The transport, import and export of live animals and with regard to the species of native and non-native wildlife, of the live animals or of the products or parts and derivatives, with the exception of the transport of the pieces obtained through hunting and fishing activities, regulated by special provisions in accordance with article 1.2, are subject to the provisions in the following points.
2. All import requires the authorization of entry through the Government Department that has the competences assigned to it. The entry permit is delivered after the relevant documentation, which establishes the regulations and once the payment of the corresponding amount.
3. All export requires the authorization of exit through the Government Department that has the competences assigned to it. The exit authorisation is delivered after the relevant documentation, which establishes the regulations and once the payment of the corresponding amount.
4. During transport within the territory of Andorra, the animals have to have a space adapted to the conditions of the species. The means of transport or the packaging must be designed to protect the animals from the weather and strong climatic differences. In the loading and unloading of animals has been to use a suitable team to avoid damage or suffering.
Article 6. Prohibited activities the following activities are prohibited: 1. physically assaulting or Mistreat the animals, use utensils or elements of punishment or subjecting them to any other practice which cause physical or psychological suffering.
2. Leave an animal.
3. Keep them in improper facilities from the point of view of hygiene and health, safety and welfare of the animal.
4. Keep them in vehicles, transport boxes or trailers as a usual hosting.
5. Keep them without food and/or drink without having a prescription indicating the conditions of treatment.
6. Keep them for most of the day in gardens, terraces, patios or balconies without have a place available where you protect yourself from the elements and strong climatic differences, and availability of water and food, according to your needs.
7. surgical interventions intended to modify the appearance of a pet or other purposes not curative and, in particular, the amputation of the tail, the amputation of the ears, the section of the vocal cords, Ablation of the nails and teeth and any intervention of aesthetic nature without prescription.
8. Give them as a reward or compensation of other acquisitions.
9. Sell them or give them up for adoption to children not emancipated without the authorization of the father, mother or tutor and to persons exempted from without the authorization of their legal representative.
10. The hawking of animals out of the fairs and markets legalized.
11. Compel them to work or to produce in the event of illness or malnutrition or in disagreement with the characteristics of the animals, or sobreexplotar them to put their health at risk.
12. Supply them or apply them substances permitted in order to increase performance, production or change their physical appearance.
13. Dispose of charges or free animals with a destination other than the sacrifice without the timely diligence in his health documents if you suffer from parasitic diseases or infectocontagioses in incubation period.
14. Exhibit them for traveling as a claim.
15. Keep them tied for the best part of the day or to limit them for enduring the movement necessary for them, in accordance with the provisions of the relevant regulations.
16. Keep them in public or private premises under conditions of environmental quality, light, noise, smoke and the like that may affect both physically and psychologically.
17. Kill them for game or perversity or torturing them.
18. The access of animals to the public or private properties in bar access by means of the corresponding signs.
19. The access of animals to all kinds of agricultural crops, with the exception of animals defined income regulations.
Article 7. Prohibited activities 1. It is prohibited the use of animals in shows and other activities if it can cause suffering.
2. It is forbidden the Turkey shooting, shooting in Columbus, fighting roosters and dogs, bullfighting and other similar practices.
3. Prohibits animal sacrifices in public spaces.
Article 8. Stay of pets in public spaces, in establishments of public and public transport managers of buildings or public spaces and the owners of public establishments such as hotels, pensions, restaurants, residences, bars, cafes, wine cellars, warehouses, shops, as well as public transport, taxis and the like, can prohibit access and permanence of animals, except in the case of animals that offer an assistance to disabled or proven therapeutic personal assistance or assistance or public services. This exception applies to animals that are kept in active and accompanied by the user, as well as in the process of training accompanied by the instructor. Both the user and the instructor must be able to justify using the appropriate documentation of the use of the animal in the process of assistance.
The access of animals to all kinds of premises for any food activity is regulated by the rules in force in the area of food safety.
It is forbidden the circulation and permanence of animals in public swimming pools, except for assistance dogs or therapy, defined in article 3.
Article 9. Sacrifice of animals and special controls 1. If an animal has to sacrifice, you have to use methods that involve suffering least.
2. The sacrifice must be made under the control of a veterinarian legally established.
3. The Government establish regulations the rules of sacrifice.
4. Without prejudice to the provisions of paragraphs 1 and 2, in the case of animals bred income home to self-subsistence, you can sacrifice by traditional systems.
5. In special cases in which they have to control the population of a species or an individual of this species that have become harmful to other animals, agriculture, livestock farming, the ecosystem, as well as for reasons of animal health or public health and safety, the Government establishes regulations the conditions in terms of areas, periods, methods and persons authorized to control and eventually the sacrifice.
6. It is prohibited to sacrifice animals in the premises for keeping of pets, and the Zoological nuclei in general, except for humanitarian reasons, health or behavior, with the previous diagnosis of a veterinarian, with the assistance of a professional team legally established.
Article 10. Zoological nuclei 1. In order to ensure the maintenance of conditions of habitability, hygiene and health protection appropriate to the different species, the centres and the establishments that alberguin, trade, dealing or where you play animals, both domesticated and wild, you have to register as a zoological nuclei.
2. Are excluded, as far as the previous section, the animals of income, as defined in article 3. b), and that are planned in the second chapter of title III.
3. For the purposes of applying the above paragraphs will create the record of Zoological Nuclei, which depends on the ministries responsible for wildlife and agriculture. In this register must register the following centers and animal establishments, the location of which must be duly authorized by the corresponding common: a) villages alberguin pets.
b) Cores that alberguin wild animals of local fauna.
c) kernels alberguin wild animals not native fauna.
4. For Regulation, the Government has to qualify and to establish the conditions for the authorisation of zoological, according to points 1 and 2, the obligations of performance, as well as the types of facilities and the conditions to be met.
5. Each core Zoo has to bring a record with the details of each of the animals that enter and leave; is created, the log book, which should be available to the competent authorities whenever they require it. The data contained in the log book will be determined by the regulations.
Article 11. Comís and insulation 1. The ministries responsible for agriculture and the wildlife and people can legally authorized comissar animals if there is manifest evidence of abuse or torture, if you have symptoms of physical aggression or malnutrition or in the event of inadequate facilities.
2. The ministries responsible for wildlife and agriculture may order the isolation or the comís of the animals if you have been diagnosed with a disease transmissible to people or other animals, either to subject them to a curative treatment suitable or sacrifice them if necessary. Except that this particular rules foresaw, the sacrifice of these animals does not involve any compensation or payment to the owner.
3. animals that have caused injuries to people or other animals, as well as those who are suspected of suffering from rabies, must be subjected to veterinary control for fourteen days. The period of observation takes place in the official kennels or, in the case of specimens of the wild fauna, to the facilities indicated by the Ministry responsible for the fauna. The observation of an animal's assailant can be made also to the address of the owner under his own responsibility and with a previous report of the veterinary services.
4. The costs occasioned by the retention, control and transport of the animals mentioned above are the responsibility of the owners.
Article 12. Associations for the protection and defence of animals 1. They are associations of protection and defence of animals the non-profit associations, legally constituted and have as a main purpose the defence and protection of animals.
2. The associations that meet legal requirements in force must be registered in a record created for this purpose. The Government can grant them the title of collaborating entities and can become the realisation of activities aimed at the protection and defence of animals.
3. These associations can urge that it carried out inspections in the specific cases where there is evidence of irregularities. The associations are considered to be interested in the proceedings established by this law in cases in which they have formulated the complaint or have formalized the appearance in the sanctioning, without prejudice to the privacy of personal data.
4. The Government can establish subsidies for associations that have obtained the title of collaborating entities, aimed at the activities carried out in relation to the protection and defence of animals, especially for the execution of programmes for adopting pets in families classified, in the promotion of campaigns and programs of sterilization of pets, and also the promotion of awareness-raising campaigns for the public.
Title II. Health Article 13. Sanitary control 1. The Government should ensure especially for the control of parasitic diseases and infectocontagioses in all kinds of animals that can lead to a damage to the people and animal populations, and is empowered to adopt the measures necessary to preserve public health and animal health.
2. The sanitary control of all kinds of animals corresponds to the official veterinary services.
Article 14. Epizoòties and zoonotic 1. The Government, by means of a regulation, you must set the list of notifiable diseases specific to animals that are very difusibles or hard-to-fight (epizoòties) and the animal diseases that constitute a danger to the human population (zoonosis).
2. The Ministry responsible for agriculture, and the Ministry responsible for public health should propose to the Government the periodic update of the classification of these diseases and to establish the reviews and inspections to be done as a preventive measure.
3. You have to set the regulations appropriate measures to combat and control both the epizoòties as zoonotic.
4. The Ministry in charge of health care must notify the Ministry responsible for agriculture any case of zoonosis detected in people to instaurin as soon as possible the measures of prevention and control.
5. The Ministry in charge of agriculture has to communicate to the Ministry in charge of health care any case of zoonosis detected in animals to instaurin as soon as possible the measures of prevention and control.
Article 15. Communication of disease 1. The legally established veterinarians must communicate as quickly as possible to the Department of agriculture the existence of any of the notifiable diseases and stick at all times to the relevant transit authority.
2. The owners of animals, and every citizen, if they suspect that an animal is infected by the zoonosis or epizoòties that have been certain notifiable, have the obligation to do so knowing the official veterinary services.
Article 16. Experimentation, The aspects related to land tenure and the protection of animals used for experimental procedures are regulated by the specific legislation on the matter. This legislation must comply, as a minimum, the principles of animal welfare provided for in this law. It is prohibited any procedure of animal experimentation in other fields that are not medical research and safety testing of drugs.
Article 17. Exhibitions, contests and any manifestation with presence of animals 1. All exhibition, competition and any other manifestation with presence of animals need the authorisation of the ordinary concerned for the event organized, such as a Ministry or ministries concerned. The traditional parish of fairs are still organized according to the custom, with a prior communication to the Ministry or to the ministries concerned to put at the disposal of common services necessary for the fulfillment of this law.
2. The person or organizer of an exhibition, contest or any other manifestation with presence of animals must have sufficient means and resources for the fulfillment of this law as well as the specific conditions established in the official authorisations.
3. In all exhibition, competition and any other manifestation with the presence of animals, the owner or the person responsible for the animals must ensure their well-being and safety.
Title III. Conditions of tenancy chapter. Conditions of tenure of pets and wild animals in captivity Article 18. Identification and registration of animals and of wild animals in captivity 1. All pet or wild animal in captivity to be marketed, they give or give up for adoption must deliver identified.
2. The identification takes place by the systems and with the characteristics of the animal that established by the regulations and the need to make a veterinarian legally established.
3. All pet or wild animal in captivity has been identified according to the deadlines that are set by the regulations.
4. Any veterinarian must notify the owner of an animal not identified the requirement to identify it. In case of refusal, the veterinarian must notify the fact to the appropriate register.
5. The owners or possessors of pets are required to register their pets in the corresponding record in the terms that are set by the regulations.
6. The registration of pets under the tutelage of the Ministry of agriculture. Its operation is carried out by the regulations.
7. Will create the record of Wild Animals in captivity under the tutelage of the Ministry responsible for the fauna. Its operation is carried out by the regulations.
8. The acquisition, recognition, the suspension and loss of the status of assistance dog, accreditation and identify are set by the regulations.
Article 19. Stay of pets in public establishments, public transport and the circulation for public spaces 1. The access and permanence of animals in establishments and public transport as defined in article 8, without prejudice to the provisions of this article, and your circulation for public spaces lead to the fulfillment of the following requirements: bring the collar and go with a leash or chain or have a means of containment for the species considered.
2. Should wear a muzzle the dogs the danger of which is reasonably predictable given their nature and their characteristics determined in article 20, and may not be in August by a person under the age of 18.
Article 20. Dangerous dog or potentially dangerous 1. In accordance with this law, a dog is considered dangerous when, without any provocation or malice, bites or attacks a person who behaves peacefully and in accordance with the law, or another animal the holder of which respects the law, and causes an injury that involves a medical intervention or veterinary medicine. Also considered dangerous when, on the outside of the House or of the vehicle from its holder, or on the outside of a privately owned properly closed, bites or attacks a person or another animal, or manifested in a way obvious aggressiveness towards a person who behaves peacefully and according to the law.
2. A dog is considered to be potentially dangerous when you have been trained for the attack and the defence or belonging to any of the recognized breeds or their crossing.
3. The procedure to determine whether a dog is dangerous or potentially dangerous and the application of the control measures of the dangerous dogs are fixed by the regulations, as well as the recognized breeds.
4. Without prejudice to the provisions of paragraphs 1 and 2, the Government established specific regulations regarding the attack dogs and guard dogs or defense.
Article 21. Health conditions required by the owners or possessors of pets or wild animals in captivity are required to comply with the sanitary measures established by the Government.
Article 22. Competitions and exhibitions
1. The premises intended for contests or exhibitions must have a local of nursing with the material enough to to the vet and in which they can meet the animals who need assistance.
2. It is obligatory for all animals participating in contests or exhibitions, submit documentation that is derived from the development of this law.
Article 23. Sale and public display 1. The establishments engaged in the sale of animals, as well as the individuals that made direct sales of animals, must meet, without prejudice to the other provisions that are applicable, the following rules: a) must be declared as Zoological nuclei corresponding ministries.
b) must carry a record, at the disposal of the aforementioned bodies, in which appear the data to which refers article 10.5.
c) The animals have been selling desparasitats, free of all disease and identified.
2. The existence of a veterinary service dependent on the establishment that grants certificates of health for the sale of animals does not relieve seller from responsibility for diseases in incubation phase not detected at the time of the sale.
3. The sale in commercial establishments, the possession and the public display of animals that come from captive breeding facilities, commercial purposes and duly legalized, requires, for each animal, the possession of the certificate of origin, as well as the documentation that can be stipulated by regulatory pathway.
Section 24. Neglect 1. In order to avoid degrading situations and for reasons of health and public security, it is forbidden to leave the animals.
2. It is considered that an animal is abandoned when they are identified in accordance with the provisions of article 18 of this law or accompanied by any person. In this case the Administration has to take care of the animal and must retain until it is recovered, loan or sacrificed, as laid down in article 9.6.
3. The deadline to get an animal without identification is eight calendar days.
4. If the animal door identification, you must notify the owner, you have a period of ten days to get it back, then pay the expenses that has caused its maintenance. After this time, if the owner has not recovered, the animal is considered abandoned. In the case of not being located the owner within a period of fifteen calendar days, the Government published the notice in the OFFICIAL GAZETTE and once after the period of fifteen days from the day after the date of publication, sacrificing the animal according to the provisions of article 9.6 or given up for adoption.
5. In the case of animals from the wildlife in captivity, the Ministry responsible for the fauna in decides to the destination according to the individual characteristics and species.
6. Dogs that roam freely outside of inhabit are not considered abandoned animals and for these cases applies article 9.5.
Article 25. Pick-up service, official kennels and official new adoptive person 1. It is up to the Administration to pick up the abandoned animals running on the roads and public spaces and transport them in the Kennel or official new adoptive person or, in the case of specimens of wild fauna, in designating the Ministry responsible for the fauna.
2. In accordance with the preceding paragraph, the Government having temporary reception facilities are duly equipped in accordance with the provisions of this law.
3. The sacrifice, the sterilization, the deworming and vaccination of these animals have to do under the control of an official veterinarian.
4. The owners of pets can deliver them in the Kennel or official new adoptive person to be given to third parties or slaughtered in the conditions laid down in article 9.6. The costs caused by the animals mentioned above are the responsibility of the owner.
5. The Government may assign the management of the official kennels and the official new adoptive person, together or separately, in accordance with the regulations in force.
6. The functioning of the collection and the management of the kennel and the new adoptive person will develop the regulations.
Article 26. Residences and shelters for temporary maintenance of animals 1. The residences of companion animals, training schools and other facilities that alberguin pets of company register in the registry of Zoological Nuclei corresponding as indispensable requirement to run.
2. The residences of companion animals and the other facilities of this kind must have the service of a veterinarian legally established, responsible for monitoring the physical condition and health of the animals residents. The income of an animal in these centers can be done only after verifying the identification documents and the corresponding vaccination documents.
3. If an animal gets sick, the centre shall communicate immediately to the owner or the person in charge, which may give the authorization for veterinary treatment or you can pick up the animal.
4. The owners of residences for animals or similar facilities should take the necessary measures to avoid contagion among the resident animals and their environment, and communicated to the veterinary services of the Administration the diseases that are notifiable.
Second chapter. Conditions of animal ownership of income Article 27. Management 1. The provisions of title I and title II of this law which refer to the sanitary and hygienic conditions and treatment are applied to the handling of animals of income. With regard to health care, the animals are income subject to the provisions and regulations in force and those who can be approved in the future.
2. In order to accommodate and host animals, les corts, the stables and the other accommodation shall: a) to have a protected area of the outdoor environment;
b) be well ventilated;
c) meet hygienic conditions established by the regulations;
d) having the minimum dimensions for animal, both on the surface and in height, to be determined by the regulations and which in any case will allow a comfortable stay of the animal;
e) have fences or other means, without cause damage or physical discomfort, prevent leaks;
f) to have access to drinking water supply systems and water supply pressure and in sufficient quantity for cleaning and evacuation of waste liquids for species that require it.
Article 28. Padral
1. the Padral is the register of animals of that income will raise to farms that are located within the territory of the Principality of Andorra. Relates to the Department of agriculture, without prejudice to the respective Padral of Commons.
2. All animal of income must be recorded in the Padral of the Department of agriculture, without prejudice to the respective Padral of Commons.
3. The Ministry responsible for agriculture is established by regulations, the rules governing the Padral.
Title IV. Wildlife Article 29. Local fauna 1. It is prohibited to disturb intentionally wildlife, especially during the period of reproduction, of dependence and of hibernation.
2. It is prohibited to catch, take, transport, sell and buy the nests, eggs and young of species of local fauna.
3. It is prohibited to capture specimens of the native fauna for commercial purposes, for public display and captive breeding purposes, with the exception of the cases provided for in article 30.6.
4. In order to minimize the inconvenience to the wild fauna, particularly during the period of reproduction, of dependence and of hibernation, establishes that the audiovisual, scientific, sporting and leisure activities that may affect native wildlife require authorization from the Ministry responsible for the fauna. Established by regulation the conditions under which authorized these activities based on the degree of threat from the affected species specified in accordance with article 30.1 of this law and in the classification of the sensitivity of the areas where these species are found. The Ministry responsible for the wildlife in areas classified sensitive, sensitive and very sensitive and published in the official bulletin of the Principality of Andorra.
Article 30. Protected species 1. The status of protected species is applied to all animal species of the fauna that requires special protection. The protected species specified in the regulations and establishes the degree of threat according to the following classification: extinct species, species in danger of extinction, endangered species and protected species.
2. The catch, the buying and selling of animals dead or alive belonging to protected species, of parts or products derived from these species, are prohibited.
3. The Ministry responsible for the fauna you can authorize, with cultural purposes and for the dissemination of the campaigns for the protection and conservation of the fauna, the display of live or dead specimens belonging to protected species, or parts of products obtained from specimens of these species.
4. The Ministry responsible for the wildlife can live or dead specimens comissar belonging to protected species that are in the possession of individuals or that are exposed for sale or public display that violate this law.
5. It is prohibited the destruction of habitats of reproduction of the protected species that present a degree of threat greater than or equal to the set as "endangered species" according to the relevant regulations.
6. In strictly controlled conditions, the Ministry responsible for the fauna can authorize the live capture non-experimental scientific, cultural, purposes of reproduction in captivity, repopulation or reintroduction in other areas, of adults of some protected species linked to conservation projects. In exceptional cases and with the same purposes, you can also authorize the collection of eggs and chicks.
7. In the case of animals killed or injured animals who have to sacrifice because you get will recover, the Ministry responsible for the fauna you can authorize taxidermy and permanence in scientific, cultural and educational centres.
8. Only permitted taxidermy individuals if we prove the legal origin of the animal and have the prior authorization of the Ministry responsible for the fauna. In no case authorises the marketing of naturalized animals.
9. The Ministry responsible for the wildlife track of damage on private property and in Andorran territory, for protected species that present a degree of threat greater than or equal to the defined as "species in danger of extinction" in accordance with the regulations that specify the protected species and establishes the degrees of threat in accordance with article 30.1. The Ministry responsible for the wildlife regulates by regulation the procedure for compensation of damages caused to agriculture and livestock for the protected animal species specified before.
Article 31. Non-native fauna 1. The protection of the fauna not native is governed by provisions of this law and the international treaties and conventions signed by the Andorran State.
2. Captive breeding of animals not native to the commercialisation is forbidden.
Title v. inspection and control Article 32. Competencies 1. It is the competence of the Ministry responsible for agriculture to ensure the compliance of the legislation with regard to domestic animals and of income, as defined in this law.
2. Is the competence of the Ministry responsible for the fauna ensure compliance with the regulations in force with regard to wild animals, both native fauna such as the non-native fauna.
3. The common are powers for the inspection and control of the law for the purpose of preventing minor offences set forth in article 38.1, sections), b) and h).
4. common corresponds to control the urban wild animals.
5. The Ministry responsible for agriculture to monitor and inspect the Zoological nuclei with pets, especially the retail establishments, guarda, collecting and breeding, and, if applicable, comissar pets.
6. The Ministry responsible for the wildlife monitor and inspect the Zoological nuclei with wild animals, especially the retail establishments, guarda, collecting and breeding, and, if applicable, comissar wild animals 7. Corresponds to the Ministry responsible for food safety to ensure the compliance with the regulations in force with regard to the well-being of animals intended for human consumption as income at the time of sacrifice.
Title VI. Fee for the services of issuance of permits and certificates Article 33. Purpose and scope of application of the rate
The fee is levied for processing administrative, the issuance of permits and official certifications in the transport, import and export in accordance with the provisions of article 5 and the inscription in the registry of Zoological Centres in accordance with the provisions of article 10.
Article 34. Fact generator 1. Is the fact of this fee for processing and issuing of permits and official certifications.
2. For the purposes of the exacció rate, inspection and control activities that make up the fact generator referred to in paragraph 1 are the following: a) The inspections and appropriate controls.
b) documentary control of the operations carried out.
c) for the issuance of permits and certificates.
Article 35. Are taxable taxable to that rate the natural or legal persons who are applying for issuance of permits and the corresponding official certificates or who are affected or benefitted personally for the service provided or the activity carried out is the fact generator.
Article 36. Accreditation of the fee the fee is credited, and was obliged to contribute, at the time of the authorization or the original certificate at the premises of the official body or competent service, notwithstanding that the Administration may require the prepayment in advance, as specified in each specific case.
Article 37. Tax fee for each issuance of the permit or certificate, as well as for each copy, or proceedings in the permit or certificate, establishes the following fees: 1. For each original with physical control or inspection: 18.00 €.
2. For each inspection or physical control original: 7.00 €.
3. For each copy: 3.00 €.
Title VII. Infractions and sanctions Article 38. Infringements infringements to the provisions that regulate the possession of animals are classified as offences, serious and very serious.
1. minor offences Are: a) The possession of an animal not identified or not registered in accordance with article 18.
b) the presence of animals in public spaces, in public establishments and in public transport when the managers of buildings or public places or the owner have prohibited in accordance with articles 8 and 19.
c) non-compliance, on the part of managers of public spaces or buildings or of the owners of public establishments or public vehicle, of the exceptions provided for in article 8 with reference to assistance dogs, or therapy used by public services.
d) does not notify, a veterinarian, the event established in section 18.4.
e) selling animals to minors emancipated or not exempted from people without the authorization of the father, mother or legal representative.
f) breach of article 6.8 and the article 6.14.
g) The transport of animals with violation of the requirements established by the regulations in accordance with article 5.
h) and Dirty public spaces.
I) breach of article 4.3 and article 4.5.
j) breach of article 28.2.
k) breach of article 6.15 and keeping animals in inadequate facilities from the point of view of their well-being, if not a serious risk to health.
the) does not prevent the escape of animals.
m) involves minor consequences for the well-being of animals if the health.
n) Provide an animal substances that will cause slight alterations of the health.
or substances that cause an animal to be supplied) alterations in the behaviour of mild cases that have not been prescribed by a veterinarian.
p) does not give the animals the veterinary care is necessary to ensure the health, if this does not cause serious damage.
q) the access of animals to the public or private properties in bar access by means of the corresponding signs.
r) not hard, despite being its possessor, the authorisation to carry out an activity established in article 29.4.
s) any other violation of the provisions of this law or of the rules that develop that is not classed as serious or very serious.
2. serious offences Are: a) to mistreat animals if it entails serious consequences for health.
b) The maintenance of the animals without the food necessary, in a State of malnutrition, hungry, or without providing them the necessary care with infringement of articles 4.1 and 6.5.
c) keeping animals in inadequate facilities from the point of view of hygiene or health.
d) circulation and permanence of animals in public swimming pools except assistance dogs or therapy, defined in article 3.
e) do not register as a zoological in accordance with article 10.1 and do not possess or have incomplete log book established according to article 10.5.
f) failure to comply with the sanitary measures established in article 15.2 and article 21.
g) foster care and accommodation of animals of income with breach of the requirements established in article 27.2.
h) hawking their animals out of markets and fairs legalized.
and import and export) of animals without taking account of the requirements provided for in this law.
j) Forced the animals to work or produce in the event of illness or malnutrition or sobreexplotar them so they do endanger health.
k) the breach of the provisions of article 23.
the) the disposal of animals with diseases, unless you can prove that at the time of the sale the disease could not be detected.
m) breach of article 17.
n) breach of article 26.
or Not, any of the Zoological nuclei), the conditions and requirements set forth in article 10.
p) Sell animals or make donation if they have not been declared or registered.
q) to mistreat or physically assaulting the animals if it entails serious consequences for health or causes them suffering.
r) Make public killings of animals.
s) Supply substances an animal that will cause serious health disorders.
t) Supply substances an animal that will cause severe alterations of behaviour in cases where they have not been prescribed by a veterinarian.
u) Abandoned animals, if it has been done in circumstances that do not involve any risk.
v) access of animals to all kinds of agricultural crops, with the exception of animals defined income regulations.
w) the non-compliance of the requirements set out in article 20, which refers to the possession of dangerous dogs, attack or defense, or regulatory provisions that are established.
x) carry out an activity established in article 29.4 may affect native wildlife species classified as threatened and/or protected or in an area classified as sensitive without authorization, or have the authorization and to ignore the precepts.
y) the possession of an animal if there is non-compliance with a firm resolution of suspension of possession pursuant to the article arrangement.
z) to repeat in the Commission of infractions minor.
3. very serious offences Are: a) the breach of the provisions of article 7.
b) to mistreat animals if the consequences in life threatening.
c) did not notify the Department of agriculture, a veterinarian, the existence of any zoonosis or notifiable epizootic listed according to article 15.1.
d) the breach of the provisions of article 16.
e) surgical practices, the practice of mutilation and sacrifice, contrary to the conditions and requirements established by this law.
f) the use of methods of sacrifice of animals that contravene the provisions of this law.
g) the supply of substances not allowed animals with the aim of increasing performance or production.
h) breach of articles 29.1, 29.2 and 29 .3º.
I) breach the requirements established in articles 30.2, 30.5, 30.6, and 30.7 30.8.
j) breach of article 31.2 k) Abandoned animals, if it has been done in circumstances that can lead to serious damage.
the) Capture dogs and cats with the use of firearms against the conditions and requirements set forth in article 9.
m) to organize fights of roosters, dogs or other animals, and also participate in this type of events.
n) Keep the animals without the necessary power or in inappropriate facilities from the point of view higienicosanitari and welfare, if the harm to the animals are very serious.
unauthorized manufacture or), falsification, manipulation or the fraudulent use of trademarks or official documents and systems of identification and registration.
p) carry out an activity established in article 29.4 may affect native wildlife species classified as extinct or in danger of extinction or in an area classified as very sensitive without authorization, or have the authorization and to ignore the precepts.
q) to repeat in the Commission of serious offences.
Article 39. Sanctions 1. The offences committed against this law will penalize with fines of € 60 to € 9,000.
2. The persons who have been subject to fines for reasons of child abuse may not be holders of an animal in front of the appropriate register and suspend the tenancy for a period of three years in the event of a serious violation and six years in the case of a very serious infringement. In front of a case of infringement to the content of article 10, there are subsidiary liability of the owner of the land where you have the animals, provided they will not be able to identify the head of these animals.
The imposition of a penalty for offences of a serious and very serious can lead to the comís of animals affected. In the same way, can lead to the termination of the establishment of the Zoological Nuclei and the ultimate or the temporary closure of the establishment for a maximum period of two years.
3. According to its classification, the infractions will be penalize as follows: Minor Offences) in: fine of 60 € to 300 €.
(b) Serious Offences): fine of € 300.01 to € 3,000.
c) very serious Offences: fine of € 3,000.01 to € 9,000.
4. On the imposition of sanctions should be borne in mind, for the amount of the fines and the imposition of such sanctions, the following criteria: a) social transcendence and the harm caused by the offence committed.
b) the illicit profit and the amount of the profit obtained in the Commission of the offence.
c) The reiteration or recidivism in the Commission of infractions.
d) The irreparabilitat of damage to habitats and wildlife or the high cost of repair.
e) the degree of intentionality in the Commission of the offence.
Article 40. Recidivism in accordance with this law, it is understood by "recidivism" when there are two strong resolutions to the same infringement or infringements of different nature typified in this law within a period of five years.
Article 41. Other liabilities the imposition of any sanction provided for by this law does not exclude civil or criminal responsibility and compensation for possible damages that may correspond to the person sanctioned. If there's a criminal process in progress suspended the processing of administrative procedure until it issued a firm ruling on the criminal.
Article 42. To impose disciplinary sanctions envisaged by this law you must follow the procedure regulated by the legislation sanctioning.
Article 43. Sanctioning 1. Through its agents, the Administration can comissar animals when there are rational indications of having committed an offence typified in this law as a serious or very serious and will open a disciplinary case. The comís has a preventive character until the final resolution of the case that sanctions can transform the preventive measure of comís in complementary sanction or left without effect and return the animal to the owner. In the case of agreed-on comís, the Administration decides the most appropriate destination in depending on the characteristics of the species. In any case the expenses occasioned by the application of this article are the responsibility of the owners of the offenders.
2. Corresponding to the ministries responsible for agriculture and food safety, wildlife and in the Commons, according to the respective powers of inspection and control laid down in article 32, the opening, the processing and resolution of cases, with the exception of the very serious sanctions resolution, which corresponds to the Government. However, the competent ministries or initiate a sanctioning procedure will have to communicate with each other. The corresponding notification involves inhibition of the organ to which it has been notified not to already two disciplinary procedures by the same facts.
Article 44. Prescription
The offences to which this law refers to prescribe after a year with regard to minor offences, two years and three years, very serious. The term of prescription will start counting from the day that the infringement has been committed and is cut off from the moment in which the procedure will speak against the offender.
Repealing this Act derogates the law of possession and protection of animals, of 12 July 2012, as well as all the provisions of equal or lower rank that object.
First final provision modifies the article 38 of law 14/2012, of animal health and food safety, of 12 July, which is worded as follows: "Article 38. Identification and registration of animals of pure race 1. In addition to the identification and registration requirements laid down in article 6, the purebred animals have to enroll in the registry corresponding zootechnical or genealogical.
2. For this purpose, the genealogical records are created or flaxseed, which are implemented by means of the official regulation of the corresponding operation, which should be set up, as a minimum: a) the systems and mechanisms of identification.
b) The documents proving their identity.
c) the obligations of notification and registration of the owners of the animals.
of registration and notification systems) of the movements of animals, including, if applicable, the computerized processing of registry data.
e) the rights of access, correction, cancellation, opposition and the data they contain.
3. The Government may assign the management of genealogical records or official flaxseed in the legally established entities, which are defined in the regulations of corresponding operation. "
Second final provision 1. Modify the articles 297, 298 and 502 of the penal code, which are written as follows: "Article 297. Mistreatment of animals 1. Who maltracti with an animal cruelty should be punished with imprisonment up to one year and a fine of up to € 6,000.
2. The abandonment of a domestic animal, tame or kept in captivity should be punished with the penalties set out in the previous point.
3. When the child abuse because the death of the animal or is carried out in a public spectacle, the person in charge should be punished with imprisonment up to two years and fine up to 9,000 €.
4. One who by criminal negligence causes serious death or very serious injury to an animal, he must be punished with penalty of arrest and fine up to 3,000 €. "" Article 298. Complementary and supplementary penalty result in cases provided for in the two preceding articles shall be imposed, in addition, the penalty of disqualification for the exercise of the trade or the charge related to animals up to three years and the penalty of deprivation of hunting or fishing license for up to three years.
You can also order the comís of the animal maltreated or the specimen threatened or protected or their remains to deliver him to the competent services of the Government. "
2. article 502 of the penal code is without content.
Third final provision second final provision of this law, has the rank of law to the extent that edit three articles of law 9/2005 of 21 February, qualified of the criminal code. The rest of the precepts of this law have the rank of ordinary law, without being subject to the limitations of the articles 57.3 and 60.2 KB of the Constitution.
The fourth final provision this law comes into force the day after publication in the official bulletin of the Principality of Andorra.
Casa de la Vall, 28 June 2016 Monica Bonell Tuset General Subsíndica Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.
Joan Enric Vives Sicília François Hollande Bishop of Urgell, President of the French Republic Co-prince of Andorra Co-prince of Andorra