![]() ![]() ![]() The Government is encouraged to strengthen the existing enforcement mechanisms. There are, however, no more substantial enforcement mechanisms for serious offenses, such as imprisonment (as is the case with the mistreatment of pets). Law 32/2007 contains enforcement mechanisms which are categorised as mild, serious or very serious, with administrative punishments ranging from warnings to fines of €600 to €100,000 and seizure of animals, closure of establishments and stoppage of activities. The Penal Code (2015) provides that the mistreatment of any animals with the exception of non-captive wild animals, is punishable by up to two years imprisonment. This is insufficient since science has proven that vertebrates, as well as cephalopods and decapod crustaceans are sentient beings. Furthermore, animal sentience is not recognised throughout the territory, but only in certain provinces. This clause allows for countries such as Spain to continue unacceptable practices of bullfighting under the protection of Article 13.Īt present, Spanish animal protection legislation only covers animals who are considered to have an economic value. In addition, there is currently a derogation in Article 13 for ‘cultural practices’. Whilst positive that Article 13 explicitly acknowledges animal sentience, the requirement that member states pay ‘full regard’ to animal welfare is vague and does not create a precise and enforceable duty.Īrticle 13 does not cover every type of new law, and applies only to ‘agriculture, fisheries, transport, internal market, research and technological development and space policies. However, it is important to note that while Article 13 represents a minimum standard to which any government must commit, its’ scope and impact for animals is limited. AnalysisĪrticle 13 of the TFEU is a fundamentally important principle, providing a legal recognition of sentience and requirement for member states to pay full regard to the welfare requirements of animals when formulating and implementing European policy. The other autonomous communities also have separate animal welfare legislation. The autonomous community of Andalusia also has separate legislation covering the protection of animals (Royal Decree 11/2003) which recognises that animals may experience feelings such as pleasure, fear, stress, anxiety, pain or happiness. For example, the autonomous community of Catalonia has separate legislation covering the protection of animals which recognises animals as being physically and psychologically sentient beings (Royal Decree 22/2003, amending Royal Decree 3/1988). The Act is intended to provide a baseline for consistency of protection. ![]() The 17 provincial Autonomous Communities and two Autonomous Cities can legislate beyond the provisions of the Act. Some articles of Law 32/2007 are applicable to companion animals. However, this Act only covers vertebrate animals who are used in production, and animals used in scientific research and education (Article 2), and specifically excludes, hunting and fishing, wild animals (including in captivity) and bullfight shows. Article 13 of the TFEU explicitly recognises animal sentience and requires that Member States ‘pay full regard to the welfare requirements of animals’ in formulating and implementing European Union policies on agriculture, fisheries, transport, research and technological development.Īlthough animal sentience is not explicitly recognised in legislation, Law 32/2007, amended by Royal Decree 6/2013 on 11 June 2013, on the care of animals on farms, transport, slaughter and experimentation makes references to suffering, thus recognising an element of sentience. At the European Union (EU) level, based on the 1997 Treaty of Amsterdam, Article 13 forms part of the Lisbon Treaty, signed in 2007, which subsequently became the Treaty on the Functioning of the European Union (TFEU).
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