Articles 337.1 to 337.4 the Criminal Code set out prison sentences and disqualification from exercising their profession, occupation or trade those people who, working with animals, mistreat an animal causing death or highly detrimental injuries.
Additionally, each autonomous region has its own Animal Protection Law. Generally speaking the regional animal protection laws forbid:
The filming of scenes with animals for cinema, TV and advertising which entail cruelty, abuse or suffering which is not simulated, as well as death scenes, is categorised as a very serious offence by both the Spanish Law 32/2007, 7th November, for the Care of Animals during their Exploitation, Transport, Experimentation and Slaughter, and the laws of the autonomous regions.
Although we at FAADA would like to think it unnecessary to include the following point, there are still some productions which intentionally abuse and kill animals. This is true of the Pablo Berger movie “Blancanieves” (Snow White), during the filming of which several bulls were tortured and killed. To make things worse the movie had great success at the ceremony of the Goya awards in 2013 in spite of the complaints lodged by the main Spanish animal defence organisations united under the platform Torture is not Culture.
There is a Spanish Law for Potentially Dangerous Animals (Law 50/1999, 23rd December) laying out the legal framework on the ownership of potentially dangerous animals. At the same time each regional autonomy has its own framework, which in some regions includes, as well as certain breeds and physical characteristics of dogs, exotic and wild animals. Generally speaking they establish the following prohibitions:
Generally speaking, in order to use animals in advertising authorisation from the competent body of the regional government is required, whether it is Environment of Animal Health. For this authorisation the following is usually required:
Likewise, any facility which holds, albeit temporarily, a specimen of dangerous wild fauna, such as elephants or big cats, must have a zoological centre permit or authorisation issued by the competent authority. Depending on the species and its origin, some animals may only stay in centres authorised by the Balai Directive (which regulates the intra-Community exchanges and imports of certain animals and their sperm, ovaries and embryos).
The transportation of this type of fauna should be done under the correct conditions in authorised vehicles following the corresponding sanitary transportation guide in order to guarantee their protection and wellbeing.
With regard to primates, Royal Decree 1881/1994, 16th September, prohibits their ownership by private individuals.
The laws of each autonomous region on the protection of native fauna establish limitations on the use of animals of local species of protected fauna and in some cases irrespective of the origin of the animal which is intended to be used.
So, for example, by means of the Legal Decree 2/2008, 15th April, by which the Consolidated Text of the Animal Protection Law in Catalonia was passed, the use of brown bears, bottle-nosed dolphins or boreal lynxes (among others) in commercial productions is forbidden.
There is also international legislation regarding wild fauna, such as the Convention on International Trade in Endangered Species (CITES), which all those parties interested in working with wild animals ought to know thoroughly. Currently, the enforcement of CITES in the EU, and therefore in Spain, is carried out via the Ruling (EC) 338/97 of the Council, 9th December 1996, regarding the protection of wild species through the control of their trade, and via a more detailed Ruling: Ruling (EC) 865/2006 of the Commission, 4th May 2006, which lays down detailed rules for the application of Regulation (EC) 338/97.
At the state level
Among the successful initiatives we highlight: