Important
Applicable Law
Federal law
“Law 7/2023, of 28 March, of the Law of Protection of Animal Welfare and Rights” regulates the protection of animals in general, and includes a regulation of the activities for community cats. This law is a federal law and is mandatory for all regions (autonomous communities) of Spain. Among other things, this regulation requires municipalities to take care of cat colonies, this requires: Authorizations of the caretakers of the colonies; these are citizens belonging to animal protection associations who, are committed to feeding and caring for the feline colony. take care of their health and provide them with veterinary assistance if necessary identify them by microchip. to assure that the feline colonies have a peaceful life without being disturbed. Note: While it is not obligatory, the Law recommends to control the cat population via TNR.
“Law 1/1992, of 8 April, the Law on the Protection of Animals Living in the Human Environment” of the Autonomous Communities of the Balearic Islands regulates the protection of animals. It states among other things that companion animals must be fed properly, kept in good health, be dewormed and vaccinated, and given the necessary veterinary assistance if needed; dogs in particular must be taken for a walk at least once a day. By definition this legal protection applies to community and feral cats. Note: The Autonomous Community of the Balearic Islands do not have its own specific regulations regarding cat colonies/community cats, thus federal law applies.
Regional law of the Autonomous Community
Municipal Ordinance
The Municipality of Andratx has issued a “Municipal Ordinance for the Protection of Animals which live in the Human Environment….” It can be viewed here in Spanish and here in English. The ordenance of Andratx does not include specific regulations regarding the management of cat colonies, therefore federal Law 7/2023 applies.
Sanctions For Animal Abuse
Spanish Penal Code: All behaviour and actions that go against the above Laws (causing animals harm, neglecting their health, hygiene and food, etc.) are prohibited, and is sanctioned by Law. Conduct that threatens the physical integrity and life of animals is prohibited and punishable by the Spanish Penal Code. Specifically, Articles 340 et seq. states that seriously injuring or causing the death of an animal is punishable by imprisonment of 6 to 18 months or financial fines. The penalties vary in amount depending on whether the infraction is minor, serious or very serious. The financial penalties range from €150 to €200,000.
Report Abuse
Anyone who witnesses animal abuse should report it to the authorities. Even if there is no immediate evidence available, it is necessary to report it, so the case will be investigated by the authorities. By law, abuse can qualify as a crime or as an administrative offence. In any case, for the complaint to succeed it is important to provide as much evidence as possible. These can be photographs, videos, witness statements (who will have to be identified and traceable), veterinary reports, etc. Note that a complaint always requires a written statement and a signature
What to report?
Administrative Offenses
The following maltreatment of animals should be reported: Abandonment of animals, not keeping them in good health and hygienic conditions, feeding them a poor diet, aggressions against an animal, unauthorized street peddling with an animal, etc. Chaining a dog: There is still a lot to do against this practice of the so-called guard dogs. The Municipal Ordinance of Andratx currently legislates as follows:
Criminal Offenses
Killing or injuring an animal, causing an animal serious harm to its health, are crimes typified by the Penal Code for all of Spain.
Who should report?
The complaint can be filed by anyone who has knowledge of the abuse. The complaint cannot be anonymous, and the person reporting must provide his personal data. However, this does not mean that the defendant should know who has filed the complaint. It is highly recommended that the individual reports directly to the authorities, instead of reporting to/through an association: Firstly, the individual is the witness to the act, something that cannot be affirmed by an association, who will be limited to acting as a messenger. Secondly, it generates social alarm and demonstrates to the City Council, that citizens are concerned about the situation of animals.
Where to report?
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