Neither primates nor invasive alien species of concern to the European Union (EU) and its outermost regions may be included on the list of domestic companion animals, according to the draft Royal Decree that will set out the positive list of companion animals and domestic companion animals, which the Ministry of Social Rights, Consumer Affairs and the 2030 Agenda is submitting for public consultation.
These lists are provided for under the Animal Welfare Act, although the deadlines set by the legislation for their approval have been exceeded (the Act stipulated 24 months from its approval for the adoption of the regulations establishing the positive list of wild animals that may be kept as pets). Specifically, the text sets out the procedure for including or excluding species and specifies the technical criteria to be taken into account when approving the successive lists of mammals, birds, reptiles, amphibians, fish and invertebrates. These criteria will determine which species may be kept as pets in Spanish households.
According to the draft Royal Decree, the positive list of pet animals will contain a set of lists of wild species in captivity that may be kept as pets (mammals, birds, reptiles, amphibians, fish and invertebrates). To be included on this list, animals must meet the general criteria of the Animal Welfare Act (among other things, individuals must be capable of being kept appropriately in captivity; and there must be scientific reference documentation or bibliographic information available on the appropriate housing, maintenance and care in captivity of the specific animal or a similar one, as well as on its breeding in captivity).
Conversely, primates may not be registered; nor may exotic species of concern to the EU and its outermost regions, which are regulated by the 2014 European Regulation on the prevention and management of the introduction and spread of invasive alien species. Furthermore, it will not be possible to register wild species not naturally present in Spain that are included in annexes to EU legislation or in international treaties ratified by Spain establishing protection regimes that prohibit the keeping of such animals.
Furthermore, the draft Royal Decree states that any species, subspecies or breed included in the list of domestic companion animals must have undergone a process of domestication. These animals will be classified as companion animals and must be registered as such in the relevant regional register, in the case of species subject to mandatory individual identification. Dogs, cats and ferrets, which are already considered companion animals, may not be included on this list; nor may species, subspecies or breeds of animals used for production purposes, such as cattle, pigs, poultry, etc.; nor may wild animals or wild animals in captivity.
Based on these criteria and the opinion drawn up by the Scientific and Technical Committee for the Protection and Rights of Animals, the Government will draw up the positive list of animals. According to Derechos Sociales, this follows in the footsteps of current legislation in other European countries where this tool is already in place to ensure the welfare of the animals themselves and to combat the illegal trade in exotic species from third countries. ‘Among the countries that already have this regulation in place are Belgium, the Netherlands, Luxembourg, Cyprus, Croatia, Norway, Lithuania and Malta, whilst France, Finland and Slovenia are developing the necessary legislation for its implementation,’ the Ministry states.