Spain's New Animal Welfare Act

Spain's New Animal Welfare Act - March 2023 The new Animal Welfare Law has already been approved by the Senate and now only needs final ratification by Congress and publication in the B.O.E.

These are the infractions and sanctions provided for in the new regulations, with up to 18 months in prison.

Fines will range from 500 to 10,000€ for minor infractions and 10,001 to 50,000€ for serious and from 50,001 to 200,000€ for very serious ones.

Actions involving an injury or death of an animal may be punished with prison sentences, ranging from 3 to 12 months if the animal does not die and from 6 to 18 months if it does.  Actions involving an injury or death of an animal may be punished with prison sentences, ranging from 3 to 12 months if the animal does not die, and from 6 to 18 months if it dies.

Minor and serious infringements

Here is a list of the infractions provided for in the new law.

They will be minor infractions (from 500 to 10,000 euros fine):

• Allowing animals to roam public spaces, without face-to-face supervision from their caregiver, and leaving them on a leash without supervision.
• Do not take out civil liability insurance for damages to third parties.
• Do not sterilize animals that have uncontrolled access to other animals: the clearest example is that domestic cats that are allowed to go outside must be sterilized.
• Leaving animals in conditions that could pose a danger to their health, such as inside closed vehicles, or exposed to dangerous weather conditions. It will also be an offence to leave them alone at home without supervision, for more than 24 hours in the case of dogs and more than 3 days in the case of cats.

Serious infractions, even if they do not involve physical harm to the animal:

• Not identify animals with a microchip.
• Use animals as an advertising claim without authorization, as well as use of them as a prize in contests, raffles or promotions.
• Raising and trading in non-native wild animals.
• Failure to report the loss or theft of an animal within a maximum period of 48 hours (after this time it will be considered abandonment).

Behaviour harmful to animals

Behaviour that cause harm or discomfort to animals will in all cases be a serious or very serious infraction.

The following will be considered serious infringements (from 10,001 to 50,000 euros):

• Use of aggressive methods in animal education.
• Unauthorized mutilation or body modification.
• Abandonment of animals, including not picking them up from residences, shelters or veterinary centers.
• Theft or misappropriation of animals.
• Administration of substances not prescribed by a veterinarian that harm the health of an animal or alter its behaviour.
• Shipment of live animals, except in cases provided for by law.
• Removal or relocation of community cats in situations other than those provided for by law.
• Feed animals offal from animals that have not passed health controls.
• Permanently keep dogs or cats in confined spaces, whether outdoor (such as balconies) or indoor (such as basements).

The following will be considered very serious infringements (50,001 to 200,000 euros):

• Euthanasia of animals with inadequate means or by unqualified personnel.
• Training and use of animals for fighting.
• The use of pets for human consumption.
• Kill community cats outside of cases authorized by law.
• Breeding and sale of animals by unauthorized persons (a license will be required).
• Sale of dogs, cats and ferrets in pet stores.
• Use of animals in cultural and festive activities, such as fairground carousels and circus shows.

The act more than one serious infringement within three years will be considered as a very serious infringement.

Keep in mind that, in addition, actions involving an injury or death of an animal may be punished with prison sentences, ranging from 3 to 12 months if the animal does not die, and from 6 to 18 months if it dies.

Please note the above has been translated from Spanish to English, so some detail may be slightly lost in translation, read the original article here.

Keep up to date with the lates local news here.

Flying Drones in Spain - The Rules

The Laws regarding the flying of drones are very strict in Spain.  These flying devices, however small they may be, are subject to the regulations of the Spanish Aviation Safety Agency (AESA) and these rules must be followed, unless you want to risk an eye watering fine, Fines for the misuse of drones for recreational purposes can reach 225,000 euros. 

Who are the AESA? This is the Spanish Agency for Aviation Safety, they are in charge of everything related to Air Navigation and Transport, as well as Airport Security.

Find out here, what spaces a drone (remotely piloted aircraft) can fly over.

Some rules do not apply if your drone weights less than 250 grams, and does not exceed 20 metres in height, these are regarded as a toy.

*Please note - If your drone weights less than 250 grams but can operate at speeds greater than 90km/h and is equipped with a camera or a microphone, it is NOT classed by the UAS as a toy.*

Do you need a licence to fly a drone in Spain?

For drones from 250 grams, it is mandatory to obtain a certificate that accredits a minimum of knowledge, and that will allow the flight of drones in the different established categories, which may be Level 1 or 2, depending on the risk of the operation, to fly in some specific categories, it is necessary to pass the AESA Level 3 exam.

There is no longer a distinction between professional and recreational flying.

To submit an application, please follow this link*

Remote Pilot Certificate (Non-EU Residents)

If you want to fly your drone in Spain and live in a non-EU country, you must hold a Remote Pilot Certificate from an EU country.

You can get the A1/A3 Certificate by registering with the online Remote Pilot School.

Rules that you need to follow, even if your drone is less than 250 grams.

You must respect the rule of not flying within a radius of 8 km from any airport, aerodrome or other controlled air spaces.

You cannot fly in National Parks, wildlife conservation areas, Biosphere Reserves, and other protected natural areas.

If your drone carries a camera, you must be careful not to violate the Data Protection Act and the Right to Honour and Privacy.

Drones should not be piloted where other low-altitude flights are carried out such as skydiving, ballooning or paragliding.

Drone users must pilot drones in suitable weather conditions, that is, without rain, fog or wind.

Other rules for Drones over 250 grams

Recreational flights: Flight prohibited in urban areas

According to the State Aviation Safety Agency (AESA), the flight of drones in urban areas or over crowds of people such as parks, public or private gardens, streets, beaches, concerts or demonstrations is prohibited. 

Suitable area: The flight area must meet certain conditions

The regulation approved on December 15th, 2017 establishes that drones can only be used in areas suitable for it, which are generally unpopulated areas or model aircraft flight zones.

Day time flights

The device must always fly during the day, less than 120 meters high and with the drone in view of the controller at all times.

Night flights

According to the State Aviation Safety Agency, there is the possibility of carrying out night flights, as long as the drone weighs less than two kilos and does not exceed fifty meters in height.

Liability insurance is not mandatory, but it is highly recommended to have one, as the pilot is responsible for any damage caused by the aircraft.

Drone Identification

The drone must have a fireproof identification plate fixed on the structure that will contain data such as the manufacturer’s name, model, serial number (if applicable) and the pilot’s contact details.

*Disclaimer - The information provided above is based on current AESA rules, and are a guide as these can be change at any time.* 

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Benidorm Seriously Apps - What's available

Benidorm Seriously Apps - We have been asked in the past if we offer any Benidorm Seriously apps.  The short answer to this question is, YES, we do. 

To help those who use small screen devices to access the website, I need to point out that there are over 700 pages of information on the site, not including the Business Directory, the Online Shop and the New social feed called BeeSer.  This means a native app would take up a lot of space on your device to store the data.  We have therefore opted for alternative options.  

Around 90% of the website is fully mobile responsive, however, from time to time, you may find a better experience by turning your phone sideways.  The What's on Guide is a perfect example of this.  Also, on most browsers there is an option to "save to home screen" usually located under options in the top right-hand corner.  This can be different on different devices but will place a shortcut to your favourite pages on the website. 

Progressive Web App

For those who still prefer the app experience, the entire website is available as a Progressive Web App.  PWAs use a lot less space on your device and can cache data that serve users with images, texts, and other content before the whole app loads completely. It cuts down the waiting time for users, so they offer a faster user experience than native apps.  

To install the PWA go to any page of the website using an android device and provided you are using Google Chrome, Firefox or Microsoft Edge, you should see an option on your screen to install the app.  Thats it, one click and it is installed.

For Apple users there is a little extra work needed.  To see the installation option, you need to be using Safari as your browser.  Open (or install) Safari and navigate to the website.  You should now be able to see the option to install the app.

The Social Feed (Q & A)

As the number of members using our own social feed Q & A increases as a faster alternative to the Facebook Group, there is a native app available for this should you prefer it to the PWA.  

To make use of this you will need to have an active registration on the website.  Register today.

Then visit AppleStore or Googleplay and download the app entitled EasySocial.  Once installed you will be asked for the website address, your username and your password.  This information can be saved to avoid needing to do this every time.  (Note use the address benidormseriously.com there is no need to add http or www).

And thats it!!  You will now have access to the social feed without the restrictions of Facebook