Is the law approved?

No, it is not approved at the moment. The approval framework for this law includes its proposal in early 2023, with a maximum elaboration period of 48 months, carried out by a scientific-technical committee under the State Council for Animal Protection.

This council is officially represented by members from the Ministry of Social Rights and the 2030 Agenda; a representative from the Ministry of Agriculture, Fisheries, and Food; a representative from the Ministry for the Ecological Transition, and, finally, a representative from the Ministry of Health.

Additionally, other professionals and researchers related to the animals covered by this law are expected to be included as collaborators (veterinarians and biologists have not been confirmed at this time).

What is the positive list?

It is the list of animals that can be kept as pets. This means that if a species is included in this list, its ownership would be entirely legal for the owner.

For species not on the list, it should be noted that the list is not final since it would be reviewed annually by the committee to align it with scientific and technical advancements related to the law. This would consider requests for inclusion, exclusion, and list revisions as mentioned in Chapter VI of Title II of the law.

What criteria will be used to include or exclude animals from the list?

The law will be based on these criteria for the inclusion or exclusion of certain species on the list:

  • Animal Welfare: These species should be able to be properly kept in captivity, meeting their basic needs.
  • Handling and Breeding: Scientific and technical documentation should exist on the proper housing, maintenance, and care of the specific species or similar ones.
  • Environmental Impact: Species with invasive potential will not be included.
  • Protected Wild Species.
  • Health and Safety of People: Non-dangerous animal species.
  • Animals classified as exotic invasive species will not be included on the list.

Are the reports about the law in the press and on social media real?

At the moment, they lack validity. None of the news reports in the press have real references or are based on any source from which such information has been extracted since the official list has not been compiled yet, nor has the law been approved.

The only tangible reference we have about this list is a mention within the project law itself, on page 27, article 45, where it discusses the inclusion and updating of the positive list of pets, referencing a section of Law 8/2033 of April 24, considering the members of this list as those included in the category of domestic animals (which is also not specified in that law), birds of prey, and ornamental fish not included in the catalog of exotic invasive species.

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