With Law 4830/2021, significant changes were made regarding the legal framework governing pets and stray animals. Concerning pets, mandatory measures are introduced that owners must take – and also comply with – in order for their animals to be considered legally theirs and to be allowed to roam outside the house. Regarding strays, municipalities are now given the responsibility to create new shelters and reinforce existing ones through the obligations imposed on pet owners, with the goal of reducing the number of stray animals.

1.How are vaccines administered to animals now?

Essentially, for each pet, an electronic file is created where certain mandatory information about the animal must be declared. This information includes:

• Necessary vaccines administered to the animal
• Basic characteristics of the animal, such as gender/color/breed/age, etc.
• The identification number of the unique chip of the animal (discussed below)
• The sterilization date if the animal has been sterilized
• The date the animal was lost (if lost)
• The purpose served by the animal (if it is a companion animal or serves assistance needs of a person)
• Any diseases or hereditary conditions that make the animal’s reproduction dangerous with others.

It is crucial to know that especially concerning vaccines, if they have not been declared in the above Electronic System, they are considered not to have been administered, and therefore the law considers the animal unvaccinated (even though it may have been vaccinated in reality), which will definitely result in a fine imposed on the owner.

2.What if I want to adopt an animal?

According to the provision of the law, an electronic platform (Registry) has been created for the adoption of animals where the details of the animal are declared, exactly as those mentioned in the previous question, as well as the act of adoption when it occurs. For adoption to be valid, the law requires certain conditions to be met, which are as follows:

• The adopter must be an adult.
• They must be a resident of Greece.
• They must sign an adoption contract (=can also be done with a private document, which will have a certified date).
• The animal to be adopted must come from a shelter (of the Municipality/Community/or an animal welfare association).
• If the animal was staying with a foster caregiver until adoption, then the adopter will sign a contract with them (the caregiver can be an individual/company).
• If the interested party found the animal as a stray, then the above procedure is followed (without signing a contract).
• In this case, the interested party must submit the animal’s details to the Registry themselves for the adoption to be valid.

3.Do I need to sterilize my pet?

It is true that this issue concerns many people, and misunderstandings of the law that lead to incorrect conclusions are not excluded. The law now gives two options to the owner of the animal, who must decide accordingly.

Initially, it requires them to submit the genetic material (DNA) of the animal to the competent authority to be declared in the Electronic Platform, as now imposed, so that the animal can be identified and distinguished from others. If the animal escapes from the owner’s control and reproduces with a stray animal, then the owner will be liable for neglecting the supervision of their animal. Therefore, one reason for providing the animal’s DNA is to make it easier for the authorities to identify suspects in cases where there are incidents involving a large number of stray animals in areas (especially if they are young/puppies).

If the owner does not wish to provide the above genetic material from their animal, then the law imposes the obligation to sterilize it. Thus, if the animal is a dog/cat and is at least 1 year old, it must be sterilized within 6 months from when the owner acquired it. Similarly, if the animal is under 1 year old, sterilization must be done within 6 months from the time it turns one (1) year old.

4.How do I legally take my dog for a walk?

Given the accidents that can occur during a walk with the animal or potential conflicts (either with other animals or humans), the legislator imposes certain obligations on the owner of the animal to ensure that the walk is legal. Specifically, during the walk, the owner must:

• Ensure that the animal is always accompanied.
• Ensure that the animal does not wander freely from their home and enter other houses/public areas.
• Keep the animal leashed and be in close proximity (unless in a designated dog park).
• If it is a hunting dog, the owner must always have the dog’s passport with them.
• Often, if the animal is not trained, it is recommended to use a muzzle.
• Not remove the chip placed in the animal, unless approved by a veterinarian beforehand.

5.Can my pet go to beaches legally?

This scenario, which is very common in practice, especially during the summer period, is regulated by the law with relatively clear criteria. The rule is that an animal is allowed to circulate with its owner only on unorganized beaches, not on organized ones. Exceptions exist if the organized beaches have posted signs allowing animals.

Also, dogs are prohibited from entering beaches designated as “Blue Flag,” which are protected areas that must remain pristine ecosystems. However, an exception is made for assistance animals, which are allowed on such beaches if they serve the owner’s welfare needs.

Additionally, if the animal is on land or on the outskirts of the beach, it must be leashed according to the law to prevent accidents. Let’s not forget the owner’s objective liability in case their animal injures someone else or causes damage.

6.When can I have a pet in an apartment?

This may be one of the most interesting topics in practice that concerns many apartment tenants/owners. At this point, the law is quite clear, however, it also depends on other factors that we should consider in order to be legally covered. So, for an animal to legally reside in an apartment with the owner, the law requires cumulatively:

• The building to have at least 2 apartments (otherwise it is not considered a multi-apartment building as required by law).
• Unanimous decision of the General Assembly of the apartment owners allowing the presence of animals in it.
• Compliance with health regulations, common quiet hours, and rules of well-being.
• Meaning the owner must fulfill the obligations mentioned in question 10, keep the animal’s space clean, and not cause excessive noise to the neighbors.
• The animal should not permanently remain on balconies/terraces and other uncovered areas of the building.
• The animal must be registered in the Electronic Registry mentioned above for easy identification.

If all these conditions are met, the regulation of the apartment building cannot prohibit the presence of animals in the apartments of owners/tenants. However, according to the law, the regulation can specify that up to 3 animals per apartment are allowed. Moreover, such a decision of the regulation can be amended only after 12 months have passed since the last modification.

7.I have a physical disability and I use my animal for assistance. What is the situation?

If a person has a physical disability to an extent that does not allow them to move/act autonomously or without the assistance of an external factor, then the law allows them to receive assistance from a service dog. For this reason, some facilitations are provided to the owner of the animal and the animal itself:

• The animal can enter where entry is allowed, as long as its size and physical condition allow it (e.g., it is a trained dog not overly large that can coexist with other people around it).
• The owner of the animal must have the necessary documents proving the ownership of the animal and certifying all the facts mentioned in the 1st question.
• In case the owner enters a place where the entry of the animal is not normally allowed, the employees/authorities can ask for the relevant documents.
• If the owner has the relevant documents and shows them to the responsible persons, then there is no problem and the animal can enter the specific area, even though it would normally be prohibited.
• Such places include hospitals/public services/restaurants/hotels/organized beaches as well as any other place that requires a permit for an animal to enter.

8.Are animals allowed to participate in shows?

Regarding the organization of public shows and exhibitions, the law stipulates that the organizers must be equipped with a permit from the veterinary service of the Municipality or the respective Region, and the owners of the animals must be present to supervise them. Furthermore, the animals participating in the exhibition must be vaccinated/sterilized, have identification (chip) placed on them, and their details must be registered in the Electronic Registry, which seems to be integrated into our daily lives now.

The prohibitions include, for example, the abuse/slaughter of animals for entertainment purposes, breeding animals for economic benefit, such as fighting with another animal, or even using the animal for meat/drug production. Additionally, raffles/lotteries with an animal as a prize for the winner are prohibited.

Regarding circus performances and related shows, the law prohibits the participation of animals in them in any way without exception. An exception, however, is provided for shows within customary/popular traditions, where the participation of animals is allowed, provided that the rules of well-being and health regulations are followed (see related in the last question).

9.What are the stricter penalties for animal abuse?

In order to be more specific, the law includes a long list of incidents considered animal abuse and correspondingly impose civil and criminal liabilities on the perpetrator. Some of these cases include animal cruelty, intentional infliction of bodily harm on an animal, inciting animal fighting, reproduction between animals that do not meet the legal requirements, suffocation, poisoning of an animal, and abandonment of a newborn animal. However, acts performed on the animal by a veterinarian with valid medical methods (even sterilization) are not considered abuse.

It is also important to note that the dissemination through audiovisual material (even the internet) of a video/image showing acts of animal abuse is criminally punishable, which is also considered animal abuse, unless it is done within the context of professional films shown widely in cinemas/theaters or for educational purposes.

Regarding the penalties for the acts mentioned in the 1st paragraph, the offender is punished with imprisonment of at least 1 year (and up to 5 years) along with a fine. Especially in cases where the animal dies from torture/severe bodily harm and particularly when the perpetrator’s act shows increased cruelty towards the animal, a sentence of imprisonment of up to 10 years along with a fine is imposed as punishment.

10.What are my obligations towards the animal in general?

This specific law, besides the other issues it addresses, clarifies the landscape regarding the obligations of the owner regarding the living and care of their pet, whatever it may be. It is important to emphasize that the same obligations are imposed on anyone who adopts a pet or works in animal care centers. More specifically, the owner is legally obligated to:

• Not tie up the animal for more than 2 hours per day, and in exceptional cases (if the house is not fenced), an underground electric fence may be used to prevent the animal from leaving the property.
• Provide shelter for the animal’s rest, such as an outdoor shelter if the animal stays in the yard, which should be adequately protected from cold and heat and especially cleaned regularly to prevent the spread of infections.
• Allow the animal access to an outdoor area if it stays in an apartment/inside the house so that it can walk and thus exercise/relieve itself.
• In any case, it is prohibited for the animal to reside permanently in a cage, regardless of the conditions.

Next to the client and his needs. 

Athina Kondogianni-Lawyer

 

The above does not constitute legal advice, and no responsibility is assumed for it. For more information, please contact us.