Document type: article published in EuroWeekly News
Author: Molly Grace
Preview: Spain is moving through a public consultation phase on a draft Royal Decree introducing so-called “positive lists” of companion animals, which would determine which species can legally be kept as pets in households. The Government has stated the measure forms part of the implementation of Law 7/2023 on animal welfare, although no final list of permitted species has yet been published. The draft does not set out a fixed list of animals but instead defines criteria that species must meet in order to qualify as domestic companions. These criteria relate to welfare needs, safety, and environmental risk. The proposal has already generated debate due to the scope of exclusions and legal consequences attached to them.
Legal consequences for excluded animals
A key aspect of the draft is how it reclassifies animals not included in the positive lists. Under the proposal, any species not appearing in either the domestic or companion animal lists would be treated as wild fauna under Law 42/2007 on Natural Heritage and Biodiversity. (…)
Debate over responsibility, enforcement and consistency
The proposals have prompted discussion between conservation groups, breeders and pet owners. Conservation-focused organisations argue that tighter regulation is necessary to reduce ecological harm, particularly where non-native animals escape and establish populations that compete with native wildlife. However, many responsible exotic pet owners argue that policy is shaped by the actions of a minority rather than by the wider standards of care already in place among experienced keepers. They point out that poor outcomes are often linked to irresponsible ownership rather than the species itself. (…)
Ownership rights and restrictions
The proposal includes transitional arrangements for current owners of animals that may be excluded. (…)
Expert perspective on welfare, enforcement and responsibility
From my perspective as an animal welfare and behaviourist, as well as an exotic veterinary nurse, the current debate in Spain highlights deeper structural issues in animal welfare policy. Since the introduction of new animal welfare laws, there has been little visible improvement in the protection of domestic animals. (…)
Wider responsibility across all species
These issues should not be approached through a single professional lens. Effective policy requires collaboration between veterinarians, welfare specialists, conservationists, and biologists. (…)
Education-based approach to ownership
A more effective long-term solution would include mandatory education or certification before acquiring any animal. This would apply universally and cover basics knowledge on the animal such as behaviour, nutrition, housing, enrichment, and veterinary costs. Such an approach would extend across all animals, whether horses, snake or ferret. (…)
Legal status and next steps
The draft proposals remain in consultation and have not yet been adopted into law. Feedback from veterinary professionals, conservation organisations, industry stakeholders and the public is still being reviewed, and the final list of permitted species may change before approval. If implemented, Spain’s system would represent a shift from reactive restrictions to pre-authorisation of pets through defined lists. Until then, existing animal ownership laws remain fully in force.
