Law 32/2007, Of 7 November, For The Care Of Animals, Exploitation, Transport, Experimentation And Sacrifice.

Original Language Title: Ley 32/2007, de 7 de noviembre, para el cuidado de los animales, en su explotación, transporte, experimentación y sacrificio.

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TEXT

JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following law.

PREAMBLE

I

The European Union is imposing an obligation to regulate the corresponding sanctioning regime in the event of non-compliance with animal welfare rules, and Article 55 of the Treaty is therefore to be mentioned. Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls carried out to ensure the verification of compliance with feed and food law and the rules on food and feed animal health and animal welfare. More recently, Article 25 of Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport and related operations, amending Directives 64 /432/EEC and 93 /119/EC, and Regulation (EC) No 1255/1997 repealing Council Directive 91 /628/EEC of 19 November 1991.

In this context, the main obligations, as far as production animals are concerned, are derived from Council Directive 91 /628/EEC of 19 November 1991 on the protection of animals during transport, amending Directives 90 /425/EEC and 91 /496/EEC; of Council Directive 91 /629/EEC of 19 November 1991 laying down minimum standards for the protection of calves; Council Directive 91 /630/EEC of 19 November 1991 on the minimum standards for the protection of pigs; Council Directive 98 /58/EC of 20 December July 1998 on the protection of animals on livestock holdings; Council Directive 1999 /74/EC of 19 July 1999 laying down minimum standards for the protection of laying hens and the Directive Council Directive 93 /119/EC of 23 December 1993 on the protection of animals at the time of slaughter or killing. As regards animals used for experimental and other scientific purposes, account should be taken of Council Directive 86 /609/EEC of 24 November 1986 on the approximation of provisions laid down by law, regulation or Member States ' administrative procedures for the protection of animals used for experimental and other scientific purposes.

Also, the obligations that are required for both animal and commercial operators are provided for in Council Regulation (EC) No 1255/97 of 25 June 1997 on the criteria for the application of the criteria for the the Community which must comply with the stopping points and by which the travel plan referred to in the Annex to Directive 91 /628/EEC is adapted, in Decision 2000 /50/EC of 19 December of 19 December on the minimum requirements for the inspection of livestock holdings and, as of 5 January 2007, Regulation (EC) No 1/2005 of the European Parliament and of the Council Council, dated December 22.

The obligations laid down in the previous Community legislation are laid down in the following basic State rules: Royal Decree No 1047/1994 of 20 May 1994 on minimum standards for the protection of calves in the Royal Decree 54/1995 of 20 January 1995 on the protection of animals at the time of their slaughter or killing, Royal Decree 1041/1997 of 27 June 1997 laying down rules for the protection of animals during their transport, Royal Decree 348/2000 of 10 March 2000 incorporating into law the Directive 98 /58/EC on the protection of animals in livestock holdings, Royal Decree 3/2002 of 11 January laying down minimum standards for the protection of laying hens, Royal Decree 1135/2002 of 31 October 2002, on the minimum standards for the protection of pigs, Royal Decree 751/2006 of 16 June on the authorisation and registration of carriers and means of transport of animals, establishing the Spanish Committee on the Welfare and Protection of Animals production animals, and Royal Decree 1201/2005 of 10 October on the protection of animals used for experimentation and other scientific purposes.

II

By this Law, a set of principles on animal care and the table of violations and sanctions is established in compliance with the Community mandate, which gives legal effectiveness to established obligations. in the applicable rules. It is thus achieved, with this Law also complying with Article 25 of the Constitution, which stipulates the reserve of law in the regulation of violations and sanctions.

This law also provides for the basis of the sanctioning regime. This is achieved by establishing a common regulatory denominator in which the Autonomous Communities exercise their powers. This common denominator ensures the uniformity necessary for the operability of the applicable rules and ensures a minimum proportionality in the penalties.

The basic character of the rules and of the violations and sanctions contained in this Law is a consequence of the reservation that Articles 149.1.13 and 16 of the Constitution make in favor of the State in the field of bases and coordination the general planning of economic activity and bases and general coordination of health.

III

The law is structured into three titles, completed with an additional provision and six final provisions.

The preliminary title refers to the purpose of the law, which is to establish the basis of an animal protection regime and of violations and sanctions to ensure compliance with the rules on the protection of animals in the exploitation, transport, experimentation and slaughter. This is also regulated by the sanctioning power of the General Administration of State in respect of the protection of animals exported or imported to or from non-EU Member States and animal procedures. of the laboratory that they are of their competence.

In this same title, those terms, cited in the article, are defined, which require a determination and concretion of their characters and scope, and delimit their scope, excluding hunting and fishing, the fauna wild, the taurine spectacles, the regaled sports competitions and the companion animals, except as laid down in the additional provision first, as they have their own regulatory regulations.

Title I regulates the most relevant aspects of the exploitation, transport of animals, their slaughter or killing. Activities subject to administrative authorisation or prior notification to the competent authority are also determined.

The forecasts referred to in the previous titles would be ineffective without the existence of a regime of inspections and controls, as well as of infringements and penalties, aspects of which are covered by Title II, divided into three chapters.

Chapter I sets out the general rules on inspection and control plans and programs, the inspection staff regime, and inspection obligations.

Chapter II is intended for infringements and penalties. Very serious, serious and minor breaches of the rules in the matter have been set up on a basic basis.

With regard to sanctions, given their basic nature, their minimum and maximum sanctioning content is established.

PRELIMINARY TITLE

General provisions

Article 1. Object.

This Act is intended to:

(a) Establish the basic rules on exploitation, transport, experimentation and slaughter for animal care and a common regime of violations and penalties to ensure compliance.

(b) Regulate the sanctioning power of the General Administration of the State on the export and import of animals to or from non-member States of the European Union as regards their care and care and on the animals used for experimentation and other scientific purposes in procedures of their competence.

Article 2. Scope.

1. This Law shall apply to vertebrate animals of production or used for experimental and other scientific purposes.

2. This Law will not apply to:

a) Hunting and fishing.

(b) Wildlife, including that existing in zoos covered by Law 31/2003 of 27 October, for the conservation of wild fauna in zoos, without prejudice to the provisions of this Regulation. Article 14.1.f) of this Law.

(c) The taurine spectacles provided for in Articles 2 and 10 of Law 10/1991 of 4 April on administrative powers in the field of bullfighting and sporting competitions, including performances precise for the control of the doping of the animals.

(d) The pet animals, without prejudice to the provisions of the first provision of this Law.

Article 3. Definitions.

For the purposes of this Law, it shall be understood by:

(a) Production animals: animals for the production, reproduction, bait or slaughter, including fur animals or for hunting or breeding, kept, primed or reared, for the production of foodstuffs or products of animal origin, or for any other commercial or lucrative purpose.

(b) Animals used for experimentation and other scientific purposes: vertebrate animals used or intended for use in procedures.

(c) Procedure: any use of an animal for experimental and other scientific purposes, including teaching, which may cause pain, suffering, distress, injury or damage, including any action that intentionally or casual may give rise to the birth of an animal under the above conditions. The use of animals is also considered to be a procedure, even if the pain, suffering, injury, distress or damage is eliminated, through the use of anesthesia, analgesia or other methods. The methods accepted in modern practice (humanitarian methods) for slaughter and for the identification of animals are excluded. It is understood that a procedure begins at the time the preparation of an animal is initiated for use and ends when no further observation for such a procedure is to be made.

d) Experimentation and other scientific purposes, including teaching: that which uses animals for the following purposes:

1. Scientific research, including aspects such as disease prevention, health disorders and other abnormalities or their effects, as well as their diagnosis and treatment in humans, animals or plants; development and manufacture of pharmaceutical and food products and other substances or products, as well as the testing of their quality, efficacy and safety.

2. The assessment, detection, regulation or modification of physiological conditions in man, animals or plants.

3. The protection of the natural environment, in the interests of the health or welfare of man or animals and the maintenance of biodiversity.

4. Education and training.

5. º Medical-legal research.

This shall not be construed as including for these purposes, without prejudice to the application of the rules relating to production animals, non-experimental agricultural practices and the veterinary clinic.

(e) Competent Authority: the corresponding bodies of the Autonomous Communities and the Cities of Ceuta and Melilla; the corresponding organs of the General Administration of the State in matters of trade and health (i) external; and the bodies of local authorities in their own or complementary functions which the legislation entrusts to such entities.

(f) Operation: any installation, construction or, in the case of outdoor breeding, any place where animals of production are held, reared or handled, or animals used for experimentation or other purposes scientists. For this purpose, the slaughterhouses and other places where the slaughter of animals, concentration centres, control posts, centres or establishments intended for the use of animals are to be carried out shall be understood as experimentation or other scientific purposes and circuses.

TITLE I

Exploitation, transport, experimentation and animal slaughter

Article 4. Holdings of animals.

Public Administrations shall take the necessary measures to ensure that, on holdings, animals do not suffer from any unnecessary pain, suffering or damage.

To do this, you will take into account your species and degree of development, adaptation and domestication, as well as your physiological and ethological needs according to the experience gained, scientific knowledge and regulations Community and national implementation in each case.

Article 5. Transport of animals.

1. The Public Administrations shall take the necessary measures to ensure that only animals that are in a position to travel are transported, so that the transport takes place without causing injury or unnecessary suffering, for the reduction to the minimum possible of the duration of the trip and for the attention of the needs of the animals during the same.

2. The means of transport and loading and unloading facilities shall be designed, constructed, maintained and used appropriately so as to avoid unnecessary injury and suffering to animals and ensure their safety.

3. The personnel handling the animals shall be suitably trained or trained to do so and carry out their duties without resorting to violence or to methods which may cause unnecessary fear, injury or suffering to animals.

Article 6. Slaughter or killing of animals.

1. The rules on the construction, facilities and equipment of slaughterhouses, as well as their operation, shall avoid unnecessary agitation, pain or suffering.

2. The slaughter of animals outside the slaughterhouses shall be carried out only in the cases provided for in the rules applicable in each case and in accordance with the requirements laid down by the latter, with the exception of the animal slaughter carried out by veterinarians for diagnostic purposes.

3. Where the slaughter of the animals is carried out according to the rites of the Churches, Confessions or Religious Communities registered in the Register of Religious Entities, and the obligations relating to stunning are incompatible with the the requirements of the respective religious rite, the competent authorities shall not require compliance with those obligations provided that the practices do not exceed the limits referred to in Article 3 of the Organic Law 7/1980 of 5 July, Religious Freedom.

In any case, the slaughter according to the religious rite in question shall be carried out under the supervision and in accordance with the instructions of the official veterinarian.

The slaughterhouse must inform the competent authority that such sacrifices are to be made in order to be registered for this purpose, without prejudice to the authorisation provided for in Community legislation.

Article 7. Centres or establishments for the breeding, supply or use of animals used for experimentation and other scientific purposes, including teaching.

Centres or establishments for the breeding, supply or use of animals used for experimentation and other scientific purposes, including teaching, should be authorised or registered in the relevant register administrative, prior to the start of their activity.

Article 8. Authorities and administrative records.

Carriers of animals, their vehicles, containers or means of transport must have the corresponding authorisation and be registered, in the terms that are regulated.

Article 9. Imports of live animals.

In the case of imports from third countries of live animals, the General Administration of the State shall require compliance with the obligations laid down in European legislation.

TITLE II

Inspections, Violations and Sanctions

CHAPTER I

Inspections

Article 10. Inspection and control plans and programmes.

Public Administrations, within the scope of their respective powers, shall establish the periodic programmes or plans for official inspections and controls which are necessary, without prejudice to any inspections resulting from them. required in situations or singular cases.

Article 11. Inspector staff.

For the performance of the inspection functions concerning the matter referred to in this Law, the staff at the service of the Public Administrations must have sufficient qualification and training for the exercise of these tasks. It shall also have the status of an agent of the authority, being able to obtain from the competent authorities and, in general, those who carry out public functions, including the State Security Forces and the Police and the Autonomous Police. Local, the contest, support and protection that are accurate to you.

Article 12. Obligations of the inspected.

The natural or legal persons to whom an inspection is practiced shall be obliged to:

(a) Allow the inspectors ' access to any establishment, operation, installation, vehicle, container or means of transport, or place in general, in order to carry out their inspection, provided that they are duly accredited to the employer, his legal representative or duly authorised person or, failing that, to any employee who is present at the place. If the inspection is carried out at the address of a natural person, they must obtain their express consent or, failing that, the required prior judicial authorization.

b) Provide all information on facilities, products, animals, services and, in general, on those aspects relating to animal protection that will be requested, allowing for verification by the inspectors.

(c) Facilitate the obtaining of copies or reproduction of information in the field of animal protection.

(d) Allow the practice of probative measures of non-compliance with the current animal protection regulations.

e) In general, to consent and collaborate in carrying out the inspection.

(f) In any event, the administered authority shall be entitled to show and ratify its disagreement with respect to the provisions of the inspection report.

CHAPTER II

Violations

Article 13. Rating of infringements.

Violations are rated as very serious, severe or mild, taking into account the criteria of risk or harm to animals and the degree of intentionality.

Article 14. Violations.

1. The following are very serious violations:

(a) The killing or killing of animals in public spectacles outside the cases expressly provided for in the rules applicable in each case or expressed and previously authorised by the competent authority.

(b) Failure to comply with the obligations required by animal protection rules for the care and management of animals, where the intention is to cause the torture or death of the animals.

c) Use animals in fights.

(d) Use animals in cinematographic, television, artistic or advertising productions, including with the authorisation of the competent authority, when the death of such animals occurs.

e) Failure to comply with the prior stunning obligation, where the assumption laid down in Article 6.3 is not met.

(f) The performance of a procedure without the prior authorisation of the competent authority, where animals included in Appendix I to the Convention on International Trade in Endangered Species of Fauna and Flora are used. wild, CITES.

g) To cause, facilitate or permit the departure of experimental animals or other scientific purposes from the centre or establishment, without written authorisation from the person responsible for the centre or establishment, where the animal is killed or create a serious risk to public health.

h) Provide false documentation to the inspectors or the Administration.

i) Use dogs or stray cats in procedures.

j) Uncontrolled and voluntary release of animals from a holding.

2. The following are serious violations:

(a) Unpermitted mutilations to animals.

(b) Reuse animals in a procedure where the applicable rules do not permit or keep alive an animal used in a procedure where the applicable rules prohibit it.

c) Perform any of the activities regulated in this Law without having the administrative authorization or registration required under applicable animal protection rules.

(d) Failure to comply with the obligations required by animal protection rules for the care and management of animals, when it produces permanent lesions, deformations or serious defects thereof.

e) The opposition, obstruction or lack of collaboration with the inspector and control of the Public Administrations, when their performance is prevented or severely hindered.

3. They are minor infractions:

(a) Failure to comply with obligations required by animal protection rules in respect of the care and management of animals, provided that no permanent injury, serious deformities or defects occur, or the death of animals.

(b) Failure to comply with the obligations regarding the form, methods and conditions for the slaughter or killing of animals, except for stunning, where the assumption laid down in Article 6.3 is not met.

c) Abandon an animal, with the result of the absence of control over it or its effective possession.

d) The opposition, obstruction or lack of collaboration with the inspection and control of the Public Administrations, when it does not prevent or seriously hinder its performance.

Article 15. Recidivism.

1. There is a reoffending if the commission of more than one infringement of the same nature occurs within a year and thus is declared in the new sanctioning resolution, provided that the first sanction resolution is also signed on track administrative. The date from which the time limit shall be counted shall be the day on which the first infringement was committed or, if it is continued, on the day it ceased to be committed.

2. The recidivism will result in the increase of the corresponding sanction.

Article 16. Penalties.

1. The following penalties may be imposed for the commission of infringements on the protection of animals:

(a) In the case of very serious infringements, a fine of at least EUR 6,001 and up to a maximum limit of EUR 100,000 shall apply.

(b) In the case of serious infringements, a fine of at least EUR 601 and up to a maximum limit of EUR 6,000 shall apply.

(c) In the case of minor infractions, a penalty of fine shall be applied up to a maximum limit of 600 euros or warning in default.

2. Where a single event is a constituent of two or more infringements, it shall be punishable only by the most serious.

3. The revenue from the penalties shall be used for actions aimed at the protection of animals.

Article 17. Ancillary sanctions.

The commission of serious and very serious infringements may lead to the imposition of the following ancillary sanctions:

a) Measures of correction, security or control, which prevent continuity in the production of damage.

b) Neglect of animals. The sanctioning body shall determine the final destination of the animal, subject to the principles of animal welfare and animal protection.

c) Cese or interruption of the activity, in the case of very serious sanctions.

d) Closing or closing of establishments, in the case of very serious sanctions.

Article 18. Graduation of sanctions.

1. Financial penalties shall be graduated according to the following criteria: the knowledge, educational level and other circumstances of the person responsible, the size and geographical location of the holding, the degree of fault, the benefit obtained or the number of animals affected, the number of animals affected, the damage caused to the animals, the failure to comply with previous warnings and the social alarm that might occur.

2. If, by reason of the circumstances at issue, a qualified reduction in the culpability of the person is assessed, the sanctioning authority may establish the amount of the penalty by applying the scale relating to the class of minor offences. severity than the one in which the consideration is integrated.

3. The sanctioning body may reduce the amount of the financial penalty up to 20 per cent if the alleged infringer recognises the commission of the offence, once the notification of the opening of the sanctioning procedure has been received, allegations or propose any evidence.

You can also increase the amount by up to 50 percent if the offender is a repeat offender. If the recidivism occurs in the commission of minor infractions, the sanction of warning will not proceed.

Article 19. Sanctioning competition.

1. The exercise of sanctioning power pursuant to this Law shall be the responsibility of the competent bodies of the Autonomous Communities or of the cities of Ceuta and Melilla, and the General Administration of the State, in the field of their respective competencies.

2. In the case of infringements on imports or exports of animals, or in the case of procedures falling within the competence of the General Administration of the State, the initiation of the procedure shall be the responsibility of the Ministry of Agriculture, Fisheries and Food, and the instruction to the organ of that Ministry which has been assigned the functions in the field of animal protection.

3. The judgment corresponding to the cases referred to in the preceding paragraph shall be given by:

(a) The Minister of Agriculture, Fisheries and Food in the case of minor and serious infringements, without prejudice to the possibility of delegation.

(b) The Council of Ministers in the case of very serious infringements.

Article 20. Provisional measures.

In cases of serious risk to the life of the animal, provisional measures may be taken to put an end to the risk situation for the animal before the initiation of the sanctioning procedure. Among others, the following may be adopted:

a) The seizure of animals.

(b) The non-dispatch by the competent authority of documents legally required for the movement of animals.

c) The suspension or cessation of activities, facilities or means of transport and the closure of premises, which do not have the necessary authorisations or registers.

Article 21. Non-sanctioning measures.

The closure or closure of establishments or facilities which do not have prior authorizations or prescriptive records, or the suspension of their operation until the defects or defects are remedied, shall not be of a sanction. the requirements for animal protection reasons are met.

Article 22. Periodic penalty payments.

Where the person concerned does not implement the provisional measures, comply with the sanctions imposed or the measures provided for in Article 21, the competent authority may require the persons concerned to, within a period of time (a) sufficient to comply with those, with a warning that, if not, a periodic penalty payment shall be imposed, with a claim of amounts and up to a maximum of EUR 6,000.

Additional disposition first. Protection of pet and domestic animals.

1. The provisions of Article 5 shall apply to pet and domestic animals as long as the transport is carried out collectively and for economic purposes.

2. The infringements and penalties referred to in Articles 14.1, paragraphs (a), (b), (c), (d), (e), (h), (i) and (j), 14.2 (a), (c), (d) and (e), 14.3 and 16.1

also apply to pet and domestic animals.

Additional provision second. Fee for the provision of services and management of permits and certificates under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

1. The Fee for the provision of services and the issuance of CITES documents shall be established, which shall be governed by this Law and by the other regulatory sources as laid down in Law 8/1989 of 13 April of Fees and Public Prices.

2. Taxable event: The implementation by the General Administration of the State of the actions referred to the issuance of CITES permits and certificates provided for in the Convention on International Trade in Endangered Species of Fauna and Flora (CITES) and in Council Regulation (EC) No 338/1997 of 9 December 1996 on the protection of species of wild fauna and flora by the control of their trade.

3. Tax base: Applications for permits or certificates for specimens of CITES fauna and flora according to the description contained in point 6.

4. Accrual of the fee: The time when the application initiating the file is submitted, which will not be carried out or processed without the corresponding payment being made in advance.

5. Taxable persons: The natural or legal persons applying for the provision of services constituting the taxable fact of the services.

6. Determining the quota:

One. The amount of the fee to enter will be:

a) For CITES import permits for up to 4 species: 20 euros to be increased by 5 euros more per species.

b) For CITES export permits of up to 4 species: 20 euros to be increased by 5 euros more per species.

c) For CITES re-export certificates of up to 4 species: EUR 20 to be increased by EUR 5 per species.

d) By private-owned certificates of up to 4 species: EUR 30 to be increased by EUR 5 per species.

e) By Community-use certificates: EUR 20.

f) By travelling exhibition certificates: EUR 10.

7. Exemptions: official bodies and institutions belonging to any of the Public Administrations are exempted from the fee payment.

8. Self-validation and payment:

One. The fee shall be the subject of self-settlement by the taxable person, which shall be accompanied by proof of payment to the permit or certificate application.

Two. The fee shall be paid in cash in accordance with the procedure laid down in the rules governing the collection of taxes on public finances.

9. Management and collection: The management of the fee will be carried out by the General Secretariat of Foreign Trade of the Ministry of Industry, Tourism and Commerce.

Final disposition first. Amendment of Law 8/2003 of 24 April on Animal Health.

Law 8/2003 of 24 April on Animal Health is amended as follows:

One. A new paragraph is added to Article 36.1 of the following wording:

" For the purposes of the authorisation provided for in the preceding subparagraph, the competent authority shall verify compliance with the requirements for animal protection. In any case, holdings in which the animals are resting in the course of a journey must be authorised and registered by the competent authority in respect of animal protection. "

Two. A new paragraph is added to Article 89.1 of the following wording:

" By way of derogation from the preceding paragraph, if, by reason of the concurrent circumstances, a qualified reduction in the guilt of the person is assessed, the sanctioning body may establish the amount of the sanction by applying the scale relating to the class of infractions of a lesser severity than that in which the measure is integrated in the case in question. '

Final disposition second. Competitive titles.

1. This Law is issued under the terms of Article 149.1.13. and 16. of the Constitution, which attributes to the State exclusive competence in the field of bases and coordination of the general planning of economic and grassroots activity and general coordination of the health.

2. They are exempted from the provisions of the preceding paragraph:

(a) Articles 1 (b), 10 and 19 and the system of inspections, infringements and penalties corresponding to imports and exports which are made under the exclusive competence of the State in the field of external health, Article 149.1.16. of the Constitution.

(b) The second provision is made under the exclusive jurisdiction that Article 149.1.14. of the Constitution recognizes the State in the field of General Finance.

Final disposition third. Sanctions update.

The government may, by means of royal decree, update the pecuniary sanctions established in Article 16, in accordance with the annual variation of the Consumer Price Index.

Final disposition fourth. Recognition of the training of researchers from centres using animals for experimentation or other scientific purposes.

The Ministry of Education and Science will establish within two months from the entry into force of this Law, an exceptional procedure to prove that the researchers possess the appropriate training and experience for the experimentation with animals. The application of this procedure shall be extended until one year after the entry into force of the law.

Final disposition fifth.

The provisions of Articles 6.3, 14.1, (a), (c) and (d), (d), (d), (d), (d), (c) and (2) of the Additional Provision of this Law are applicable as long as the Autonomous Communities are legally competent. assumed in this field do not dictate their own rules.

Final disposition sixth. Entry into force.

This Law shall enter into force in the month of its publication in the "Official Gazette of the State".

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this law.

Madrid, 7 November 2007.

JOHN CARLOS R.

The President of the Government,

JOSE LUIS RODRIGUEZ ZAPATERO