Law 13/2012, 12 July, tenure and protection of animals since the General Council in its session of July 12, 2012, has approved the following: law 13/2012, 12 July, tenure and protection of animals preamble the law of possession and protection of animals, 30 June 1998 , he laid the Foundation for the regular deployment in the field of the conservation of the wildlife and the protection of domestic animals.
For 14 years he has been a useful tool in order to respond to the need, the concerns and the problems inherent in this area, and has allowed us to achieve the objectives satisfactorily that the legislature had been set initially.
However, in recent years, the significant changes in the field of the protection and animal welfare make it necessary to revise and adapt the text to the current situation. On the other hand, have appeared in the last few years new situations related to the possession of animals that the Administration has to resolve. To be able to do it in the most diligent becomes necessary to update the regulatory text of reference in order to include the most common reasons.
The new text in the title and, with regard to the General provisions, incorporates a number of new definitions 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, reserving to a subsequent law regulation of aspects related to animal experimentation.
At present has increased the diversity of animals, which has led to the need to create a record of animals not indigenous to the envisaged in title III of the new text, in order to manage them properly. At the same time it has expanded the scope of some articles that only made reference to the dogs up to contemplate the whole of the species which will have as a pet.
The changes to the title IV, wildlife, are motivated by a need to specify certain aspects relating to the conservation of the protected species. The new text provides for the classification of the protected species in varying degrees of threat.
With regard to Title VI, infractions and sanctions, has been updated in accordance with the amendments made to the text.
Title i. General provisions Article 1 Purpose 1. This law is intended to establish standards for the protection of animals, possession, dealing, handling, the trade and the use of domestic animals, either pets or income, and of wild animals, whether they are native wildlife as non-native fauna.
For the purposes of this law are included in 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, which are 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 the 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) Animal not native: native fauna of the animal that are not individually depends on humans, there are lives and has assumed the habit of captivity.
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.
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, health and transport measures to apply the statutory and provide him an apartment 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. All importation of animals 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.
2. All required export authorisation for the Government Department that has the competences assigned to it. The exit authorisation is delivered after the relevant documentation, which establishes the regulations.
3. During transport the animals must 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 or subject them to any other practice which cause suffering or unwarranted damage.
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 a State of malnutrition or starving without a prescription.
5. 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 and the ablation of the nails and teeth.
6. Give them as a reward or compensation of other acquisitions.
7. 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.
8. The hawking of animals out of the fairs and markets legalized.
9. The access of animals to all kinds of premises intended for the manufacture, storage, transport and handling of food.
10. Circulation and permanence of animals in public swimming pools, except for assistance dogs or therapy, defined in article 3.
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. Provide them substances permitted in order to increase performance or production.
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.
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, fights and other activities if it can cause suffering or hurt the sensitivity of people who contemplate.
2. It is forbidden the Turkey shooting, shooting in Columbus, fighting roosters and dogs, Bull Racing with death and other similar practices.
3. Prohibits animal sacrifices in public spaces.
Article 8 stay of animals in public establishments and in public transport 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.
Article 9 Sacrifice of animals and special controls 1. If an animal has to be sacrificed, you must use the methods which involve the least suffering and that cause a loss of consciousness immediately.
2. The sacrifice must be made under the control of a veterinarian legally established.
3. the Government is responsible for establishing 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 legally established professional team.
Article 10 Zoological Nuclei 1. In order to ensure the maintenance of conditions of habitability, hygiene and sanitary and adequate protection of the 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 Ministry of agriculture and the Department of Natural Heritage. 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) villages alberguin wild animals not native fauna 4. By 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.
Article 11 Comís and insulation 1. The ministries responsible for agriculture and of the natural heritage and the legally authorized persons can 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, defined by regulation.
2. The ministries responsible for agriculture and the natural heritage can 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 14 days. The period of observation takes place in the official kennels. 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 of 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. Article 13 health 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 Notification of diseases 1. The legally established veterinarians must communicate as fast 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 put it in knowledge of official veterinary services.
Article 16 Experimentation aspects related to the possession 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, with the principles of animal welfare contained in the present law.
Article 17 exhibitions, competitions and any manifestation with the presence of All animal 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.
Title III. Domestic animals chapter. Pets Article 18 Identification and registration of Animals of company 1. Any pet that is being marketed, it give or give up for adoption must rid yourself 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 pets must be identified within a maximum period of four months from the date of birth.
4. Any veterinarian must notify the owner of an animal not identified the requirement to identify it. In case of refusal, the vet has to report the fact in the register of pets.
5. The owners or possessors of pets are required to register their animals in the register of Animals in a maximum period of four months from the date of birth.
6. The registration of pets under the tutelage of the Ministry of agriculture. Its operation will develop the regulations.
7. The register of Animals not Indigenous under the guidance of the Department of Natural Heritage. Its operation will develop the regulations.
8. The acquisition, recognition, suspension and loss of condition of assistance dog, accreditation and identification will be established by the regulations.
Article 19 stay of animals in public places, on public transport and their circulation on roads 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, or whenever the owner has not prohibited, and its circulation to the public space implies the fulfillment of the following requirements: bring the collar and go with a leash or chain or have a specific 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.
Dangerous Dog article 20 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. The procedure to determine whether a dog is dangerous and the application of the control measures of the dangerous dogs are fixed by regulations.
3. 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 the owners or possessors of pets are required to comply with the sanitary measures established by the Government.
Competitions and exhibitions article 22 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 1. The establishments engaged in the sale of pets, as well as the individuals that made direct sale of pets, must meet, without prejudice to the other provisions that are applicable, the following rules: a) must be declared to the Zoological nuclei Department of agriculture or the Department of Natural Heritage.
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.
Section 24 Abandonment 1. In order to avoid degrading situations and for reasons of public health, it is forbidden to abandon pets.
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 official kennels of temporary shelters must be put in charge 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 15 calendar days, the Government published the notice in the OFFICIAL GAZETTE and once after the deadline of 15 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. Dogs that roam freely outside of inhabit are not considered abandoned animals and for these cases applies article 9.5.
Article 25 collection and official kennels 1. It is up to the Administration to pick up the abandoned animals running on the roads and public spaces and transport them to the official kennels.
2. In accordance with the previous section, is up to the Government to have a temporary reception facilities (official kennels) 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 to the official kennels 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 in accordance with current regulations.
6. The operation of the collection of pets and kennel management 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 register of zoos in the Department of agriculture as an essential 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. Animals-income Management Article 27 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. 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. Must be set according to the conditions governing the photographic, scientific, sporting and leisure activities that may affect species of native wildlife.
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.
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 natural heritage can authorize the import, export, transport and possession of animals dead or alive belonging to protected species, or parts of products obtained from specimens of these species with the corresponding permits and certificates of the country of origin.
4. The Ministry in charge of natural heritage 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.
5. The Ministry in charge of natural heritage 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.
6. 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 to "vulnerable" according to the criteria of the International Union for the conservation of nature (IUCN).
7. in strictly controlled conditions, the Ministry in charge of natural heritage 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.
8. In the case of animals killed or injured animals who have to sacrifice because you get will recover, the Ministry responsible for natural heritage can authorize taxidermy and permanence in scientific, cultural and educational centres.
9. Only permitted taxidermy individuals if we prove the legal origin of the animal and have the prior authorization of the Ministry in charge of the natural heritage. In no case authorises the marketing of naturalized animals.
Article 31 non-native Fauna 1. The protection of the fauna not native is governed by established by this law, treaties and international agreements signed by the State of Andorra.
2. The sale in commercial establishments, the possession and the public display of animals not native wildlife that comes 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.
3. The captive breeding of animals not native to the commercialisation is forbidden.
Title v. inspection and control Article 32 Competitions 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 natural heritage, 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 33.1, 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.
Title VI. Infractions and sanctions Article 33 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 establishments or public transport when the owner you have prohibited in accordance with articles 8 and 19.
c) non-compliance, on the part of the owners of public establishments or vehicles for public use of the exceptions provided for in article 8 in 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 6.6 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) to mistreat animals.
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) 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) 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 6.4.
b) The maintenance of animals in inappropriate facilities from the point of view of hygiene or health.
c) access of animals to all kinds of premises intended for the manufacture, storage, transport and handling of food.
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 at the time of the transaction the seller in unfamiliar with the disease.
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.
x) repeat the Commission of minor violations.
3. very serious offences Are: a) the breach of the provisions of article 7.
b) ill-treatment and serious physical assaults to animals.
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) the sterilization, 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 the requirements laid down in article 20, which refers to the possession of dangerous dogs, attack or defense, or regulatory provisions that are established.
I) the breach of articles 29.1 and 29.2.
j) breach of the requirements laid down in articles 30.2, 30.3, 30.6 30.7 30.8, 30.9, and.
k) breach of the articles 31.2 and 31.3.
the) Abandon animals, if it has been done in circumstances that can lead to serious damage.
m) Capture dogs and cats with the use of firearms against the conditions and requirements set forth in article 9.
n) Organize fights of roosters, dogs or other animals, and also participate in this type of events.
o) 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.
p) unauthorized manufacturing, counterfeiting, handling or the fraudulent use of trademarks or official documents and systems of identification and registration.
q) to repeat in the Commission of serious offences.
Article 34 Penalties 1. The offences committed against this law will penalize with fines of 60 € to 12,000 €.
2. 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 12,000 €.
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 the harm caused to the environment or the high cost of repair.
e) the degree of intentionality in the Commission of the offence.
Article 35 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 in a period of 5 years.
Article 36 other responsibilities 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 37 to impose disciplinary sanctions envisaged by this law you must follow the procedure regulated by the legislation sanctioning.
Article 38 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 of the natural heritage and the common, 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 39 Prescription infringements which refers this law 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 on 30 June 1998, as well as all the provisions of equal or lower rank that object.
Final provision establishes a period of 12 months from the date of publication of this law, because the people owned some type of animal specified in this law may regulate the situation.
This law shall enter into force on the day following publication in the official bulletin of the Principality of Andorra.
Casa de la Vall, 12 July 2012 Vicenç Mateu Zamora Syndic General Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.
François Hollande, President of the French Republic of Andorra Co-prince Joan Enric Vives Sicília Bishop of Urgell Co-prince of Andorra