The legal services of the Foundation Artemisan want to clarify that once yesterday entered into force the International Convention for the Protection of Animals of Company, shall be the competent authorities, that is to say, the autonomous communities, the transfer and delineate its content through the regulations at the regional level. Until then, this Convention will not have practical application.
And is that in Spain there is a special situation, as is that animal welfare is a competence that corresponds to the autonomous communities. In consequence, there should be the own autonomy, which adjust their standards to include the provisions of this Convention, which means that, although the Convention entered into force yesterday, will not have a practical application to each community to pick it up in their respective laws of the autonomous community.
The International Convention for the Protection of Animals will not have practical application to the autonomous regions to adapt their regional laws
According to explain these legal services, the drafting of the wording approved in the Congress is confusing and leaves many questions as to its interpretation and implementation, which generates in these moments, an important legal uncertainty. And is that Spain has not picked up exceptions to its application, while in other countries of our environment has been included the possibility of the cutting of ears and tails of certain breeds of dogs, mainly hunting.
The legal services of the Foundation Artemisan point out that the european standard presents an articulated confusing which leaves open its interpretation and the scope of which shall delimit the regions
In the case of the general text adopted in Spain, it is deduced that generally prohibits the cutting of the tail and cut the ears of animals, except for healing purposes. Excluded are also those cases in which the veterinarian considers it necessary, either for reasons of veterinary medicine, or for the benefit of the animal.
In short, Artemisan reports that right now there is no rule that prohibits to make the court functional ears until the different autonomous communities not to carry out the transposition of the content of the convention into their domestic legislation, when it in which may have to contemplate different particularities taking into account the characteristics of hunting dogs.
See here the publication in the official gazette of the ratification of the European Convention on the protection of animals of company.