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The Law 50/1999 of 23 December on the legal status of ownership of potentially dangerous animals , addresses the regulatory rules regarding the ownership, training and handling of potentially dangerous animals in order to preserve the security of people, goods and other animals.
The said Law defines the characteristics of animals that deserve consideration as potentially dangerous, both for wildlife in a state of captivity, in homes or private places such as home. However, with respect to the latter, subsequent regulatory development refers to the specific relationship of race, interracial crosses racial typologies, particularly those belonging to the canine species, which by its morphological characteristics, aggression and attack, can threaten the physical integrity and property of people.
Pursuant to the above, this Royal Decree establishes the catalog of the animals of the canine species that can be included within the category of potentially dangerous animals and, therefore, are affected by the provisions of that Act
Moreover, it must make precise measurements in the development of the law , required for the issue of administrative licenses that enable their holders to possess potentially dangerous animals, including the minimum criteria required to obtain certificates physical fitness and psychological fitness, and the minimum liability insurance for damages to third parties caused by themselves.
Finally, establishing minimum safety measures, with basic character derived from the criteria of the Act regarding the proper management and care of potentially dangerous animals.
This Royal Decree is issued under the authorization contained in Article 149.1.29 of the Constitution , which gives the state exclusive authority in matters of public safety.
In processing have been consulted and autonomous bodies representing the sector.
By virtue of a proposal by the First Deputy Prime Minister and Minister of Interior and the Minister of Agriculture, Fisheries and Food, in accordance with the Council of State and after deliberation by the Council of Ministers at its meeting on March 22, 2002, order:
Article 1. Aim.
This Royal Decree is to develop the Law 50/1999, of potentially dangerous animals in the following aspects:
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Identify potentially dangerous animals belonging to the domestic fauna of the canine species.
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Establish minimum requirements for administrative licenses that enable their holders to possess potentially dangerous animals.
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Set the minimum required safety measures for tenure.
Article 2. animals of the canine species potentially dangerous.
1. For the purposes set out in Article 2.2 of Law 50/1999, of December 23 , will be considered potentially dangerous dogs:
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Those belonging to breeds listed in Annex I to this Decree and their crosses.
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Those whose characteristics correspond to all or most of those listed in Annex II , except in the case of guide dogs or service dogs trained and accredited in officially recognized by law to state or, if , state as well as dogs that are being investigated for this status.
2. In any case, but are not included in the preceding paragraph shall be considered potentially dangerous dogs the animals of the canine species that show a markedly aggressive or who have staged attacks on people or other animals.
3. In the cases referred to in paragraph above, the potential danger will be appreciated by the competent authority according to objective, either automatically or after being subjected to a notification or a complaint, report of a veterinary officer or collegiate designated or authorized by the state or municipal authority.
Article 3. License for possession of potentially dangerous animals.
1. Obtaining a license or renewal of administrative tenure of potentially dangerous animals will require compliance by the applicant of the following requirements:
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Be an adult.
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Not have been convicted for murder, injury, torture, against freedom and against the person, sexual freedom and public health, association with armed groups or drug trafficking, and not be banned by law from the possession of potentially dangerous animals.
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Not have been convicted of serious or very serious with one of the accessory penalties provided for in paragraph 3 of Article 13 of Law 50/1999 of 23 December on the Legal Regime of potentially dangerous animals . However, there is no impediment to obtaining or, where appropriate, license renewal, have been penalized with the temporary suspension of the same, provided that at the time of the request, the suspension previously imposed sanction has been fulfilled full.
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Have physical ability and psychological fitness for holding potentially dangerous animals.
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Proof of having executed a civil liability insurance for damage to third with coverage not less than one hundred and twenty thousand euros (120,000 €).
Compliance with the requirements of paragraphs b and c of this section is shown by the negative certificates issued by the records. Physical fitness and psychological fitness is shown by the certificates obtained in accordance with the provisions of this Royal Decree.
2. Administrative leave will be granted or renewed upon request by the competent municipal body, in accordance with the provisions of Article 3 of Law 50/1999 , once verified compliance with the requirements above.
3. The license will be valid for five years and may be renewed for successive periods of equal duration. However, the license cease to have effect at the time that the holder no longer meets any of the requirements above. Any variation of the data contained in the license shall be communicated by the owner within fifteen days from the date on which it occurs, the competent body of the municipality to the corresponding issue.
4. The intervention, injunction or suspension affects the administrative leave in force, agreed in judicial or administrative, will be cause to refuse to issue a new or renewed until those have been lifted.
Article 4. Certificate of fitness.
1. No animals may hold potentially dangerous people who lack the precise physical conditions to provide the necessary care to the animal and ensure its proper operation, maintenance and control, in accordance with the provisions of Article 3.1.a of Law 50 / 1999.
2. Physical capacity referred to in the preceding paragraph shall be established by the certificate of fitness for possession of potentially dangerous animals, to be issued once passed the necessary tests to verify that there is some disease or defect, of organic or functional which may involve physical disability associated with:
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The vision.
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Hearing.
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The musculoskeletal system.
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The neurological system.
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Perceptual-motor difficulties, decision-making.
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Any other condition, disorder or problem not covered above, which may result in physical inability to ensure the proper domain of the animal.
Article 5. Certificate of psychological fitness.
The psychological fitness certificate, referred to in paragraph c of Article 3.1 of Law 50/1999 , for the possession of potentially dangerous animals will be issued once passed the necessary tests to verify that no disease or any deficiency that may mental or psychological incapacity to assume, or any other limitation of discernment associated with:
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Mental and behavioral disorders.
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Psychological difficulties of assessment, perception and decision-making and personality problems.
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Any other condition, disorder or problem not covered above, which limit the full exercise of the mental faculties necessary for the holding of potentially dangerous animals.
Article 6. Centers for recognition.
1. The duly authorized examination centers, according to the provisions of Royal Decree 2272/1985 of 4 December, determining the medical fitness must possess the drivers and regulating the examination centers intended to verify , and supplementary provisions, conduct examinations and tests referred to in previous articles, specifying their results in a basic clinical records, kept in the respective center, and signed by the doctors involved, in view of director of the center which will issue certificates of fitness and psychological fitness, to be kept attached a recent photograph of the person concerned and which shall contain the observations come from, and an indication of the capacity and capability required in case.
2. Notwithstanding the preceding paragraph, the Autonomous Communities may agree that the certificates of fitness and psychological fitness can also be issued by qualified technical faculty in medicine and psychology, respectively.
3. The cost of examinations and the issuance of the certificates referred to in this Article shall be paid to stakeholders, and paid into the form, amount and in the cases stipulated in the respective region.
Article 7. Validity of reports of physical fitness and psychological fitness.
Certificates of capacity and aptitude regulated in this Royal Decree shall be in effect for the purposes of procedural efficiency of one year from the date of issue, during which they may be used by duplicate or certified copy certification in any administrative procedures that are initiated during the period indicated.
Article 8. Safety measures.
1. The presence of potentially dangerous animals in places or public spaces will require the person who leads and controls carry the administrative leave referred to in Article 3 of this Royal Decree , as well as the registration certificate proving the animal in the Municipal Register of potentially dangerous animals.
2. The animals of the canine species potentially dangerous places and public spaces, appropriate muzzle should be obligatory for racial typology of each animal.
3. Also potentially dangerous dogs in public places and spaces, they must be controlled with no chain or belt extending less than 2 meters, but may take more than one of these dogs per person.
4. Potentially dangerous animals, found on a farm, cottage, villa, plot, terrace, patio or any other identified place, shall be bound, unless they are available with the cabin area, height and suitable enclosure to protect people or animals entering or come to these places.
5. Breeders, trainers and traders of potentially dangerous animals must have adequate facilities and resources tenure.
6. The theft or loss of the animal must be communicated by the owner to the Registry of potentially dangerous animals Municipal later than forty-eight hours after becoming aware of those facts.
Article 9. Identification of potentially dangerous animals of the canine species.
All potentially dangerous animals belonging to the canine species must be identified by a microchip.
First additional provision. Applicable regulations.
Conducting the necessary tests to obtain certificates of fitness and psychological fitness referred to in Articles 4 and 5 of this Decree , by the authorized examination centers shall conform to the provisions of Annex IV Royal Decree 772/1997 of 30 May, which approves the General Regulation of drivers , as is applicable, for purposes of determining the specific skills needed for the holding of potentially dangerous animals.
Second additional provision. Licence application in cases of paragraph 2 of Article 2.
In the cases provided for in paragraph 2 of Article 2 of this Royal Decree , the owner of the dog that the competent authority has assessed potential danger have a period of one month as from notification of the decision to this effect to request administrative leave governed by Article 3 of this provision.
SOLE TRANSITIONAL PROVISION. Term of license application.
Holders of potentially dangerous animals have a period of three months from the entry into force of this Royal Decree, to request the competent municipal body to grant the license referred to in Article 3.
FIRST FINAL PROVISION. Title competence.
This Royal Decree is issued under the authorization contained in Article 149.1.29 of the Constitution , which gives the state exclusive authority in matters of public safety.
SECOND FINAL PROVISION. Faculty development.
Empowers the Minister of Agriculture, Fisheries and Food, in its fields of competence to proceed to the inclusion of new races in Annex I or modify the characteristics of Annex II . Empowers the Minister of Finance to update the amount of the minimum insurance liability for damage to third parties, according to the percentage of variation found in the consumer price index, published annually by the National Institute of Statistics.
Third Final Provision. Entry into force.
This Royal Decree shall enter into force on the day following its publication in the Official Gazette.
Given in Palma de Mallorca on March 22, 2002.
- Juan Carlos R. -
The Minister of the Presidency
Juan José Lucas Giménez.
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Pit Bull Terrier.
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Staffordshire Bull Terrier.
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American StaffodshireTerrier.
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Rottweiler.
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Dogo Argentino.
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Fila Brasileiro.
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Tosa Inu.
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Akita Inu.
Dogs affected by this provision have all or most of the following:
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Strong musculature, powerful-looking, robust, athletic setup, agility, stamina and endurance.
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Strong character and great value.
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Short hair.
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Thoracic perimeter between 60 and 80 inches tall at the shoulder between 50 and 70 inches and weight over 20 kg.
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Head bulky, square, robust, with broad skull and large and muscular and pronounced cheeks. Large, strong jaws, mouth, robust, wide and deep.
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Wide neck, short and muscled.
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Massive chest, broad, large, deep, arched ribs and short and muscled back.
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Forelegs parallel, straight and strong and very muscular hindquarters, relatively long legs form a moderate angle.