Law 50/1999 of 23 December on the legal regime for the possession of potentially dangerous animals addresses the regulatory regulation concerning the holding, training and management of potentially dangerous animals, in order to preserve the safety of persons, property and other animals.

This law establishes the characteristics of animals that deserve the consideration of potentially dangerous animals, both of wild fauna in a state of captivity, in homes or private spaces, such as domestic ones. However, with regard to the latter, it refers to the subsequent regulatory development of the particular relationship of races, racial typologies or interracial crosses, in particular those belonging to the canine species, which by its characteristics Morphological, its aggressiveness and its onslaught may pose a threat to the physical integrity and property of people.

In compliance with the above, this Royal Decree establishes the catalogue of the canine species which may be included within the category of potentially dangerous animals and which are therefore considered to be affected by the provisions of that Law.

On the other hand, it is necessary to dictate the precise measures in the development of the Law, which are necessary for obtaining the administrative licenses that enable their holders to hold potentially dangerous animals, in the minimum criteria necessary for obtaining the certificates of physical capacity and psychological fitness, and the minimum amount of liability insurance for damages to third parties, caused by them.

Finally, minimum security measures are established which, as a basic principle, are derived from the criteria of the Law, in terms of the proper handling and custody of potentially dangerous animals.

This Royal Decree is dictated by the habilitation contained in Article 149.1.29.^a of the Constitution, which attributes to the State exclusive competence in matters of public security.

The Autonomous Communities and the representative entities of the sector have been consulted.

Under its virtue, on the proposal of the First Vice-President of the Government and Minister of the Interior and the Minister of Agriculture, Fisheries and Food, in agreement with the Council of State and after deliberation by the Council of Ministers in its Meeting of the day 22 March 2002,

DISPONGO:

Article 1. Object.

This Royal Decree aims to develop Law 50/1999, of potentially dangerous animals, in the following aspects:

a) Determine the potentially dangerous animals belonging to the domestic fauna of the canine species.

b) Establish the minimum requirements necessary to obtain the administrative licenses that enable their holders to hold potentially dangerous animals.

c) Set the minimum security measures required for their tenure.

Article 2. Animals of the potentially dangerous canine species.

1. For the purposes set out in Article 2.2 of Law 50/1999, they shall be considered as potentially dangerous dogs:

(a) Those belonging to the races listed in Annex I to this Royal Decree and to their crossings.

(b) Those whose characteristics correspond to all or most of those listed in Annex II.

2. In any case, even if they are not included in the previous paragraph, animals of the canine species which have a markedly aggressive character or which have engaged in attacks shall be considered as potentially dangerous dogs. people or other animals.

3. In the cases referred to in the preceding paragraph, the potential danger is to be appreciated by the competent authority on the basis of objective criteria, either on its own initiative or after having been the subject of a prior notification or complaint. the report of a veterinarian, official or collegiate, designated or empowered by the regional or local competent authority.

Article 3. License for the holding of potentially dangerous animals.

1. Obtaining or renewing the administrative licence for the holding of potentially dangerous animals shall require compliance by the person concerned with the following requirements:

a) Being older.

b) Not having been convicted of crimes of homicide, injury, torture, freedom or moral integrity, sexual freedom and public health, association with armed gang or drug trafficking, as well as not being private by judicial resolution of the right to the possession of potentially dangerous animals.

c) Not having been punished for serious or very serious infringements with any of the ancillary penalties provided for in Article 13 (3) of Law 50/1999 of 23 December on the legal status of animals potentially dangerous. However, it shall not be prevented from obtaining or, where appropriate, renewal of the licence, having been sanctioned with the temporary suspension of the same, provided that, at the time of the application, the suspension sanction previously imposed has completed in full.

d) Dispose of physical capacity and psychological fitness for the possession of potentially dangerous animals.

e) Accreditation of having formalized a liability insurance for damages to third parties with coverage not less than one hundred and twenty thousand euros (120,000 €).

Compliance with the requirements set out in paragraphs (b) and (c) of this paragraph shall be credited by the negative certificates issued by the relevant records. Physical capacity and psychological fitness shall be credited by means of certificates obtained in accordance with the provisions of this Royal Decree.

2. The administrative licence shall be granted or renewed, at the request of the person concerned, by the competent municipal authority, in accordance with Article 3 of Law 50/1999, after verification of compliance with the requirements laid down in the Previous section.

3. The licence shall be valid for five years and may be renewed for successive periods of equal duration. However, the licence shall be forfeited at the time when the holder ceases to comply with any of the requirements laid down in the previous paragraph. Any variation of the data contained in the licence shall be communicated by its holder within a period of 15 days from the date on which it is produced, to the competent authority of the municipality to which its issue corresponds.

4. The intervention, precautionary measure or suspension affecting the administrative license in force, agreed in judicial or administrative way, shall be cause to refuse the issue of another new or its renewal until those have been lifted.

Article 4. Physical capacity certificate.

1. Persons who lack the necessary physical conditions to provide the necessary care to the animal and to ensure proper management, maintenance and control shall not be liable for potentially dangerous animals. Article 3 (1) (a) of Law 50/1999.

2. The physical capacity referred to in the previous paragraph shall be credited by the certificate of physical capacity for the holding of potentially dangerous animals, which shall be issued after the necessary tests to verify that there is no disease or deficiency of an organic or functional nature that may result in physical incapacity associated with:

a) The visual capability.

b) Hearing capacity.

c) The locomotor system.

d) The neurological system.

e) perceptive-motor, decision-making difficulties.

f) Any other condition, disorder, or problem, not included in the preceding paragraphs, that may lead to physical inability to ensure proper domain of the animal.

Article 5. Certificate of psychological fitness.

The certificate of psychological fitness, as referred to in paragraph (c) of Article 3.1 of Law 50/1999, for the holding of potentially dangerous animals, shall be issued after the tests necessary to verify that there is no disease or deficiency that may involve psychological or psychological incapacity, or any other limitation of discernment, associated with:

a) Mental and behavioral disorders.

b) psychic difficulties of assessment, perception and decision-making and personality problems.

c) Any other condition, disorder, or problem, not included in the preceding paragraphs, that limit the full exercise of the precise mental faculties for the possession of potentially dangerous animals.

Article 6. Recognition centers.

1. The recognised centres of recognition, in accordance with the provisions of Royal Decree 2272/1985 of 4 December 1985, determining the psycho-physical skills to be possessed by drivers of vehicles and by which they are regulated the recognition centres intended to verify them, and additional provisions, shall carry out the examinations and tests referred to in the preceding articles, giving their results in a basic clinical dossier, to be kept in the respective centre, and be signed by the interveners, at the hearing of which the Director of the Centre shall issue certificates of physical capacity and psychological fitness, which must be accompanied by a recent photograph of the person concerned, and in which the observations coming, and the indication of the capacity and fitness required, where appropriate.

2. By way of derogation from the previous paragraph, the Autonomous Communities may agree that such certificates of physical capacity and psychological fitness may also be issued by optional technicians entitled in medicine and psychology, respectively.

3. The cost of the examinations and the issue of the certificates referred to in this Article shall be borne by the persons concerned and shall be paid in the form, in the amount and in the cases provided for by the Autonomous Community.

Article 7. The validity of physical capacity and psychological fitness reports.

The certificates of capacity and fitness regulated in this Royal Decree shall have a period of validity, for the purposes of procedural effectiveness, of one year, from the date of their issue, during which they may be used, by duplicate, certified copy or certification, in any administrative procedures that are initiated over the indicated period.

Article 8. Security measures.

1. The presence of potentially dangerous animals in places or public spaces will require the person who drives and controls them to carry the administrative license referred to in Article 3 of this Royal Decree, as well as certification. proof of the registration of the animal in the Municipal Register of potentially dangerous animals.

2. Animals of the potentially dangerous canine species, in places and public spaces, shall be required to carry the appropriate muzzle for the racial typology of each animal.

3. Similarly, potentially dangerous dogs, in places and public spaces, must be driven and controlled with a chain or non-extensible strap of less than 2 metres, without being able to take more than one of these dogs per person.

4. Potentially dangerous animals, which are located in a farm, cottage, chalet, plot, terrace, patio or any other delimited place, must be tied, unless there is a living room with the surface, height and adequate closing, to protect people or animals that access or approach these places.

5. Breeders, trainers and traders of potentially dangerous animals shall have adequate facilities and facilities for their tenure.

6. The removal or loss of the animal shall be communicated by its holder to the person responsible for the Municipal Register of potentially dangerous animals within the maximum period of 48 hours from the time he becomes aware of those facts.

Article 9. Identification of potentially dangerous animals of the canine species.

All potentially hazardous animals belonging to the canine species must be identified by a "microchip".

Additional disposition first. Applicable rules.

The carrying out of the tests necessary for obtaining the certificates of physical capacity and psychological fitness referred to in Articles 4 and 5 of this Royal Decree, by the approved centres of recognition, are in line with the provisions of Annex IV to Royal Decree 772/1997 of 30 May 1997 on the general rules for drivers, in so far as it is applicable, for the purpose of determining the specific skills required for the holding of potentially dangerous animals.

Additional provision second. Application for a licence in the cases referred to in Article 2 (2

.

In the cases provided for in Article 2 (2) of this Royal Decree, the holder of the dog to whom the competent authority has appreciated potential danger shall have within one month, from the date of notification of the judgment given for such purposes, in order to apply for the administrative licence provided for in Article 3 of this provision.

Single transient arrangement. License application deadline.

The holders of potentially dangerous animals will have a period of three months from the date of entry into force of this Royal Decree to request the competent municipal authority to grant the licence to refers to Article 3.

Final disposition first. Competence title.

This Royal Decree is dictated by the habilitation contained in Article 149.1.29.^a of the Constitution, which attributes to the State exclusive competence in matters of public security.

Final disposition second. Faculty of development.

The Minister for Agriculture, Fisheries and Food, within the scope of his powers, is empowered to include new breeds in Annex I or to amend the characteristics of Annex II.

The Minister of Economy is empowered to update the amount of the minimum liability insurance cover for damages to third parties, in accordance with the percentage of variation found in the consumer price index, published annually by the National Statistics Institute.

Final disposition third. Entry into force.

This Royal Decree shall enter into force on the day following that of its publication in the "Official Gazette of the State".

Given in Palma de Mallorca to 22 March 2002.

JOHN CARLOS R.

The Minister of the Presidency,

JUAN JOSE LUCAS GIMENEZ

ANNEX I

a) Pit Bull Terrier.

b) Staffordshire Bull Terrier.

c) American Staffodshire Terrier.

d) Rottweiler.

e) Dogo Argentino.

f) Fila Brasileiro.

g) Tosa Inu.

h) Akita Inu.

ANNEX II

The dogs affected by this provision have all or most of the following characteristics:

a) Strong musculature, powerful appearance, robust, athletic configuration, agility, vigor and endurance.

b) Marking character and great value.

c) Short Pelt.

d) Thoracic perimeter between 60 and 80 centimeters, height to cross between 50 and 70 centimeters and weight greater than 20 kg.

e) voluminous, cuboid, sturdy, with wide and large skull and musculous and abombated cheeks. Jaws large and strong, mouth robust, wide and deep.

f) Width, muscular, and short.

g) Massif, wide, large, deep, arched ribs and muscled and short loin.

h) Previous parallel, straight and robust limbs and very muscular posterior limbs, with relatively long legs forming a moderate angle.