2023-04-19 07:25:32
Law 2/2023 on the protection, welfare and ownership of companion animals was published in the DOGV on March 14 and Law 7/2023 on the protection of the rights and welfare of animals was published in the BOE on March 30. month. The regional one came into force -with transitory provisions and lack of regulatory development in many aspects- the next day, the 15th. The national one will do so 6 months following it was published. There is time to resolve doubts, but given the “contradictions and inconsistencies” of some of its articles, the Valencian Council of Veterinary Colleges (CVCV) has asked the legal services of the Ministry of Agriculture to clarify “which will be applicable in each matter”.
“The meaning given to one rule and the other is, in general, similar, but there are differences, some of substance and others of nuance, which must be substantiated in order to give greater legal certainty to veterinarians and citizens”, they expose from the CVCV. In addition, to the approval of the national standard, the reform of the Penal Code, which led to the publication of LO 3/2023, on animal abuse, should be added.
HUNTING DOGS AND COURSES
Perhaps the difference that has transcended the most is the treatment that both regulations give to hunting dogs and those defined as having ‘specific functions’ (guide guides, shepherds, police…). In the case of the nationalfinally, these animals were excluded its scope of application. In the regional text, on the other hand, it does consider them as pets, but introducing the nuance, in case of mistreatment, that those injuries that they may suffer in the exercise of their tasks will be excluded from the sanctions collected. However, the national law warns that “all of them are regulated and will be protected by the corresponding current European, state and regional regulations”.
In a similar sense, one might speak of the Compulsory and free courses on pet ownership or RC insurance (for third parties) that the national norm prescribes and of which the autonomic one does not speak (beyond those already required for potentially dangerous ones). “Nothing has been established in this regard, nor on what topics will be given, nor on who will teach them (veterinarians or not) or on their format. Both things, they are limited to warning in the law, will be established by regulation ”, they point out.
SALE IN STORES
Another aspect to harmonize is the regulations regarding pet shops. The one promoted by the central Executive prohibits the commercialization of dogs/cats/ferrets in these establishments and limits their sale to registered breeders. Stores have 12 months from its entry into force to close.
On the contrary, The regional regulation does allow buying and selling in stores, although it prohibits the exhibition of animals. It also allows the sale from a duly registered hatchery, but prohibits operations between individuals or from these to establishments without the requirements established by law.
EUTHANASIA AND STERILIZATION
The Valencian standard defines sacrifice and euthanasia and establishes when each one may occur. The national only defines euthanasia, but prohibits sacrifice “For economic reasons, overpopulation, lack of places, impossibility of finding an adopter, abandonment of the legal guardian, old age…” but it authorizes it in certain cases.
There are also differences in the wording of euthanasia. In the national one “it will only be justified under veterinary criteria and control with the sole purpose of avoiding suffering due to non-recoverable causes that seriously compromise the quality of life of the animal”. In the Valencian version, it is specified that it will only be allowed “when the disease or injury has no treatment” or when it “does not prevent agony or chronic suffering disabling the life of the animal”.
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