General review report
HORSE TRANSPORTS
between EU Member States and
from Third Countries
2006
Detailed reports
© Animals’ Angels e.V.
Rehlingstr. 16a * D-79100 Freiburg
[email protected]* www.animals-angels.org
Published in September 2007
© Copyright Animals’ Angels e.V.
September 2007
Table of contents
page
I.
INTRODUCTION ..........................................................................................3
II.
MAIN FINDINGS ..........................................................................................3
III.
CONCLUSIONS and RECOMMENDATIONS .............................................5
IV.
DETAILED REPORTS
Transport route: SPAIN - ITALY
1. Horses from Spain to Italy, transport company RAWD (IT)
26.01.06 ...................................... 8
2. Horses from Spain to Italy, transport company Mazas (PT)
27.01.06 ...................................................12
3. Horses from Spain to Italy, transport company Mazas (PT/ES)
27.01.06 .............................................17
4. Horses from Spain to Italy, transport company Maitxene (ES)
27.- 28.01.06 .....................................21
5. Horses from Spain to Italy, transport company Mazas (PT/ES)
26.02.06.................................. 30
6. Horses from Spain to Italy, transport company Fontana Decimo (IT)
26.-29.07.06 ................ 36
7. Horses from Spain to Italy, transport company Cutilli (IT)
27.-30.07.06 .................................. 41
8. Horses from Spain to Italy, transport company Portagero LDA (PT)
28.-31.07.06.................. 45
9. Horses from Spain to Italy, transport company Maitxene (ES)
29.-30.07.06........................... 55
10. Horses from Spain to Italy, transport company Mazas (PT)
03.08.06 ................................... 62
Transport route: FRANCE - ITALY
11. Horses from France to Italy, transport company Maitxene (ES)
26.-28.07.06 ...................... 73
Transport route: POLAND - ITALY
12. Horses from Poland to Italy, transport company Vitali (IT)
27.07.2006...................................................86
13. Horses from Poland to Italy, transport company VI Poland Sp.zo.o. (PL)
28.07.2006.......................90
Transport route: ROMANIA - ITALY
14. Horses from Romania to Italy, transport company Macellari (IT)
15. Horses from Romania to Italy, transport company Macellari (IT)
01.08.2006........................ 92
02.08.06............................ 97
Transport route: GREECE - ITALY
16. Horses from Greece to Italy, transport company Venerito (IT)
20.-21.04.06 ......................... 99
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I. INTRODUCTION
In 2006 Animals’ Angels observed 16 long-distance horse transports originating from European
Member States and from Third Countries. All 16 transports were found to be in violation of Council
Directive 91/628/EEC as amended by Council Directive 95/29/EC1 on the protection of animals during
transport. In most cases also Council Directive 96/93/EC on the certification of animals was violated.
Out of these 16 transports 10 originated from Spain, 2 from Romania, 2 from Poland, 1 from Greece
and 1 from France.2 The destination of all transports was Italy, mainly the region of Puglia3.
All transports were long distance transports. The average distance over which the horses were
transported was 2.000 km. Horses originating from Spain were transported over the longest distances
(in one case over more than 2.900 km).
These transports caused unnecessary suffering and stress to the transported horses.
II.
MAIN FINDINGS
1. Journey time limits and rest periods not respected
Legislation requires that horses must be unloaded after a maximum journey time of 24 hours at an
authorized staging point in order to be rested, fed and watered for at least 24 hours before continuing
transport. Before the journey starts the transporter must indicate the programmed staging point on the
route plan. In practice these provisions were found to be largely ignored. In 11 out of the 16 observed
transports it was evident before the start of the journey that an unloading at a staging point during
transport was required due to the length of the transport, i.e. it was impossible to complete the
transport within the maximum allowed journey time of 24 hours; however, in none of these 114 cases
was an unloading at a staging point programmed, i.e. indicated on the route plan. While in 6 cases the
Animals’ Angels team succeeded to have the horses emergency unloaded at a staging point during
transport, in the remaining 5 cases transport was continued to destination and thus the maximum
journey times were exceeded by many hours.
As well, in 2 out of the 5 transports, where it was not evident before the start of the journey that
unloading at a staging point would be necessary, maximum journey times of 24 hours were exceeded
by far.
2. Exceeded loading density
Exceeded loading density was observed in 8 out of the 10 transports originating from Spain (between
27 and 35 horses loaded with an average of 31,3), as well as in the one transport loaded in France (31
horses). The observed horse transports from Romania (2 transports) and Poland (2 transports)
respected the required space allowances.
1
On 05.01.2007 the new Council Regulation (EC) No 1/2005 came into force. The legal provisions regarding the
violations mentioned in the present report have, however, not or not significantly changed compared to Council
Directive 91/628/EEC as amended.
2
The number of transports originating from certain countries observed by Animals’ Angels is not linked to the
total number of horse transports from these countries to Italy.
3
10 out of the 16 transports were destined for the region of Puglia.
4
Out of these 11 transports, 8 originated from Spain, 2 from Romania and 1 from France.
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High and exceeded loading densities increased the incidence of falls and injuries and made it more
difficult or impossible for horses to get up when they had fallen or lied down. Those horses were
trampled by others, which caused undue suffering to them.
It should be stressed, that even when the loading densities are respected, horses fall or lie down
during long-distance transports and can be trampled and injured by others.
In the observed cases of overcrowded transports the horses were granted even less space than
required as a MINIMUM by the density table in Chapter VI, section A of the Annex to Council Directive
91/628/EEC as amended.
Moreover, the following sentence is written under the table of minimum space requirements in Chapter
VI, section A of the Annex: “These figures may vary by a maximum of 10% for adult horses and
ponies and by a maximum of 20% for young horses and foals, depending not only on the horses’
weight and size but also on their physical condition, the meteorological conditions and the likely
journey time.”
Animals’ Angels believes that it is self-evident that for long-distance transports, even more during the
hot summer months and in case the horses are of a heavy breed, the word “vary” can only mean
“increase”, which means that the horses must be granted more space than indicated in the
legislation’s tables. Unfortunately several transporters and veterinarians misinterpret the legal
provisions and are of the opinion that it is always justified to reduce space by 10% respectively 20%.
Furthermore Chapter VI, section A of the Annex to the Directive requires that “During long journeys
young horses must be able to lie down.” As far as young horses of heavy breeds are concerned, this
requirement is not met when granting the horses only the minimum space of 1,2 m² per horse
indicated in the legislations tables. Thus the space should be increased, i.e. fewer horses should be
loaded.
3. Animals not correctly separated according to size/age and sex
Legislation requires that stallions are adequately separated from mares and from each other in order
to prevent the animals from fighting and from injuring themselves. Furthermore equidae of significantly
different size/age have to be separated in order to protect the smaller/younger animals from being
injured by bigger/older ones.
Animals’ Angels observed 4 transports, where these provisions were ignored.
4. Unsuitable dividers
Animals’ Angels repeatedly observed trucks equipped with dividers, which represent a risk for the
horses’ health. Often there was a huge gap between the bottom of the divider and the floor of the truck
or the divider consisted of parallel metal bars, between which the horses can remain stuck with their
legs. Animals’ Angels observed that horses remained stuck under these dividers with their head or the
whole body. Unable to free themselves they were trampled by other horses.
Also in a few cases the dividers were not put in place to separate the horses according to their
number.
5. Unsuitable drinking devices – insufficient water supply
In at least 6 cases it must be suspected that the horses were not or not sufficiently watered every 8
hours during transport. Either the truck was not equipped with a water system, the system was
insufficient or inadequate for horses or the drivers confirmed to not have watered the horses.
Trucks, which are not equipped with an automatic water system, make it necessary that the drivers
insert mobile water troughs in the truck and fill them up manually. In practice this procedure takes
quite some time and thus drivers tend to avoid it.
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On the other hand, if trucks are equipped with installed watering devices, not all horses might be
accustomed to using these devices and thus are unable to drink sufficiently.
Furthermore dominant horses tend to not let others come close to the water source. Therefore while
the horses are on board the truck it cannot be guaranteed that each horse has the possibility to drink a
sufficient quantity of water – independently if the watering devices are installed or mobile.
6. Negative effects of high temperature
During the hot summer months we observed in general a higher level of exhaustion and more horses
falling or lying down and consequently being trampled by others. Also the horse that was found dead
on board a transport was observed during summer.
7. Undue suffering caused
The irregularities described above and particularly a combination of these irregularities led to a
compromised or poor welfare of the transported horses.
The negative effects of aspects like high temperatures, insufficient water supply and high loading
density deteriorated as the journey times got longer. While toward the beginning of the transport the
animals often appeared to be in acceptable condition, during later points of the transport we observed
increasing welfare problems, such as horses that had fallen or lied down and ended up being trapped
under a divider or had difficulties to stand back up and were trampled by others. These problems
appear to be mainly linked to the increasing level of exhaustion towards the end of the journey.
One horse was found dead on board a truck and 4 horses were slaughtered after emergency
unloading during transport.
III. CONCLUSIONS and RECOMMENDATIONS
The enforcement of the legislation on the protection of animals during transport is insufficient.
The transport companies are not motivated to obey legislation as the risk to be properly inspected and
punished by the authorities prior and after transport is low.
* * *
The veterinary checks at the places of departure are insufficient. The competent veterinary services
have authorized transports, which are contradicting relevant community legislation on the protection of
animals during transport and on the certification of animals. Most of the observed violations originate
from the start of the journey and could thus be avoided, if the veterinarians at the places of departure
carried out proper checks.
Animals’ Angels recommends that the checks at the places of departure are improved in
quantity and quality.
* * *
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Veterinary checks at the places of destination would also contribute to a better enforcement of the
legislation. Aside from the conditions of the animals, the loading conditions, the standard of the truck
and compliance with the permitted journey times could be checked. As inadequate transports do
repeatedly reach the same places of destination, it must be concluded that either the checks at
destination are insufficient or the communication of the authorities at the places of destination with
those at the place of departure and at the places of registration of the transporters are not effective
enough.
Animals’ Angels recommends that the checks at the places of destination in Italy are increased
and that suitable systems are established to notify the competent authorities at the places of
departure and of registration of the transporters about detected irregularities.
* * *
Animals’ Angels is convinced that the most efficient way to improve the protection of horses
during transport is to drastically reduce journey times. In this way many problems that do
regularly occur during long distance transport would be avoided or reduced, e.g. exhaustion
due to insufficient water supply and due to prolonged exposure to high temperatures and falls
resulting from exhaustion.
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Transport route:
SPAIN - ITALY
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Horses from Spain to Italy, 26.01.06
TRANSPORT OF HORSES FROM SPAIN TO ITALY
Transport company: RAWD srl.
26.01.2006
Date & time of first contact with the lorry: 26.01.2006, 17:30 h
Place of first contact with lorry: Spain, motorway A 2, between Zaragoza and Barcelona (175 km to
Barcelona)
Distance between place of departure and destination is: 2.642 km5
I. FACTS / INFORMATION RECEIVED
1. Dates of Transport Company / lorry / driver(s)
Name of transport company:
RAWD SRL
Address:
via Cadutin 11, 25030 Berlingo, Italy
Name of Drivers:
2 Croatian Drivers
License plates:
CY-070-CX/ AB - 29450
Description of the lorry:
white cab, grey lorry and trailer
2. Information from the driver:
This time he loaded all the horses at the same place. Usually he has to load at 2-4 different places
and accordingly the horses loaded at the first place are already for hours on the lorry before the
transport actually starts.
3. Information taken from the documents:
3.1. Information taken from the Intracommunity Certificate:
Number of health certificate:
INTRA.ES.2006.0001661
Local ref.nb:
06/003
Local competent authority:
113908 Segovia
Number of animals:
32 horses for slaughter
Exporter/ Sender:
Suministros Agricolos y Ganaderos Agricar
S.L., 28224 Pozeulo de Alarcon, Spain
Importer:
2335 Martinese Carni SRL,
73056 Contrada Santi Lasi, Italy
Place of origin:
Ganaderia Hermanos Redondo SL
(Nb. of authorisation: ES-40031018),
Bernuy de Porreros, Spain
Place of departure:
40190 Bernuy de Porreros, Spain
Date and time of departure:
26.01.06, 9.00 h
Destination:
2335 Martinese Carni SRL,
73056 Contrada Santi Lasi, Italy
Estimated time of journey:
28 hours
Veterinary service which issued the documents:
Sección Agraria Comarcal de Segovia, Junta Castilla y León
Name of veterinarian:
not legible
3.2. Information on transport taken from the Route plan:
Transport company:
Autotrasporti RAWD SRL
Number of animals:
32
Place of departure
Ganaderia Hermanos Redondo SL,
49190 Bernuy de Porreros, Spain
Date of departure:
26.01.2006
Time of departure:
9:00 h, corrected into 11:00 h
5
Acc. to „ADAC Routenplaner“, edition 2005, 2006
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Horses from Spain to Italy, 26.01.06
Place of destination:
2335 Martinese Carni SRL,
Contrada Santi Lasi, 73056 Taurisano
Estimated time of journey:
28 hours
Itinerary:
Bernuy, La Jonquera, Ventimiglia, Bologna,
Taurisano
Planned unloading / stops:
no unloading planned, one stop at
17700 La Jonquera, Spain, acc. to the route plan on the
12.01.2006 at 17:00 h
Veterinary service which issued the documents:
Sección Agraria Comarcal de Segovia, Junta de Castilla y
León.
4. Description of loading situation and condition of the animals:
Species:
young horses
Levels:
1 level
Impression of loading density:
ok
Watering devices:
no
Bedding:
thick straw bedding, still clean
Dividers:
no divider in the lorry, 1 divider
in the trailer, inadequate divider for horses, since it has a
huge gab between the floor and divider
Ventilation:
yes
Injured animals:
no
Sick animals:
no
Dead animals:
no
Impression of the animals:
horses’ coats are covered with faeces
5. Further observations/ information:
Description of the route: We followed the lorry on the A2, direction Barcelona, when suddenly at
app.19.00 h a police car ( Guardia Civil) stopped the lorry. The reason was a broken front light. The
Guardia Civil was not willing to do anything, said they are not responsible.
On the 27th of January, the lorry got stuck on the highway near Nice for 8 hours, because of the bad
weather conditions and finally arrived in Taurisano on the 28th after 40 hours of transport. The
horses were not unloaded during the journey.
II. VIOLATIONS
1. Deficient veterinary check at the place of departure in Spain
The veterinary service at the place of departure in Spain (113908 Segovia) should not have authorized
this transport by signing the accompanying documents, since the transport contravened existing
legislation.
1.1. Regarding the accompanying documents
The veterinary service at Segovia did not verify the estimated journey time. Given the fact, that the
distance between the place of departure and the place of destination is 2.642 km (acc. to ADAC route
planer), the indicated journey time of 28 hours is not realistic.
Furthermore in the route plan there was a stop indicated on the 12.01.06 at 17.00 h for a transport
which starts on 26.01.06.
This constitutes a violation of Art. 5, section A, paragraph 1, lit.b and lit. c, as well as Art.8, lit.
d.) of Council directive 91/629/EEC as amended by Council directive 95/29 EC
Furthermore it constitutes a violation of Council Directive 96/93 EC on the certification of
animals and animal products. The competent Spanish authority did not all necessary steps to
ensure the integrity of certification as required in Art. 4 of Council Directive 96/93 EC.
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Horses from Spain to Italy, 26.01.06
Therefore the obligatory unloading at a staging point was not planed and the route plan not duly drawn
up regarding journey times and rest periods (see point 3).
1.2. Regarding inadequate transport conditions. (please see point 2. – 5. )
2. Undue suffering caused
Undue suffering was caused to the animals due to inadequate transport conditions.
This represents a violation of Art. 5, paragraph 1, lit. b of Council Directive 91/628 EEC as
amended by Council Directive 95/29 EC.
3. Obligatory unloading at staging point not planned – Route plan not duly drawn up regarding
journey times and rest periods
The route plan did not indicate a staging point, despite the fact that the length of the journey required
it, after a maximum journey time of 24 hours.
Further stops to water the horses after 8 hours of travel time were not indicated in the route plan.
This constitutes a violation of Art. 5, section A, paragraph 2, lit.b and lit.d, (i) first indent of
Council directive 91/629/EEC as amended by Council directive 95/29 EC, as well as a violation
of Art. 3. paragraph 1, lit.aa, second indent of Council directive 91/629/EEC as amended by
Council directive 95/29 EC in connection with Chapter VII, point 4, lit. c and Chapter VII, point 5
of the annex.
4. Partitions not placed
For journeys exceeding 8 hours the vehicle has to be equipped with partitions. There was only one
partition placed in the trailer.
This constitutes a violation of Art.5, paragraph 1, lit. c of Council Directive 91/629/EEC as
amended by Council directive 95/29 EC, in connection with Chapter VII, point 3, fifth indent and
Chapter I, point 2, lit. a. of the annex.
5. Partition placed which could cause injuries to the animals
The partition placed in the trailer could cause injuries to the animals since there was a huge gap
between the divider and the bottom of the trailer.
This constitutes a violation of Art 5, paragraph 1, lit b Council Directive 91/628 ECC as
amended by Council Directive 95/29.
VI. Photo of route plan
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Horses from Spain to Italy, 26.01.06
Sign. Iris Baumgärtner
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Horses from Spain to Italy, 27.01.06
TRANSPORT OF HORSES FROM SPAIN TO ITALY
Transport company: Transportes MAZAS LDA (Portugal)
27.01.2006
Date and time of first observation of truck:
Place of first observation of truck:
Outside temperature at this place:
Journey time so far:
Remaining distance to destination:
Distance from place of departure
to place of destination:
27.01.2006,13:00 o’clock
France, near Fréjus, highway A 8
Note: The highway was blocked by French police due
to a snow storm in Italy. No truck was allowed to
continue to Italy from approx. 23:00 o’clock of
26.01.06 to 16:15 o’clock of 27.01.05. After this the
trucks gradually continued their journey.
5° Celsius
26h (acc. to drivers this includes 8h of waiting at
Fréjus)
1.3616 km
2.5651 km
I. FACTS FOUND and INFORMATION RECEIVED
1. Dates of transport company / lorry / driver(s)
Name of transport company: Transportes Mazas LDA, registration number: 66372003,
Address:
Edificio Illa Dos Amores- Vilanova de Cerveira, 4920 Campos – Vila
Nova de Cerveira, Portugal
Name of driver 1 and 2:
unknown
License plates:
Portuguese license plate: 28 AI 98
Description of the lorry:
red cab, silver one-compartment truck
Measurements of the lorry:
Length: 13,30 m, width: 2,50 m (external measurements)
2. Information on transport given by the driver:
- arrival at Fréjus on 27.01.06 at 05:00
- no unloading at staging point programmed; do not intend to unload at staging point
3. Information on transport taken from the documents:
3.1 Health certificate no.: INTRA.ES.2006.0001750
Number of animals:
31
Breed:
Hispanobreton
Age:
“various, weaned foals”
Identification method:
none
Place of origin:
Lorenzo Berzal de Francisco, Camino de la Oliva S/N,
47320 Tudela de Duero (Valladolid), Spain; authorisation
no. ES47175000002
Place of loading:
47320 Tudela de Duero, Spain
Time of departure:
26.01.06, 11:00 o’clock
Place of destination:
Scobel Sud 2 S.r.l., Strada Provinciale Alezio, 73017
Sannicola, Italy; authorisation no.: M2757HEE
Estimated time of journey:
23 hours
6
The distances indicated in this report are calculated by using „ADAC RoutenPlaner“, edition 2005/2006
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Horses from Spain to Italy, 27.01.06
Sender/ Consigner:
Buyer/ Consignee:
Veterinary service, which
issued the documents:
Number of local reference
(space I.2.a. of INTRA certificate):
Transport company:
3.2 Route plan:
Transport company:
Number of animals:
Place of departure:
Time of departure:
Place of destination:
Estimated time of journey:
Programmed staging points:
Stops (for watering):
Number of health certificate:
Veterinary service, which
stamped the document:
Itinerary:
Name of person responsible
during transport:
Lorenzo Berzal de Francisco, 47320 Tudela de Duero,
Spain
Scobel Sud 2 S.r.l., Strada Provinciale Alezio, 73017
Sannicola, Italy
1115708 Valladolid (Spain)
4712601061
Transportes Mazas LDA, Portugal (same details as on
the route plan)
Transportes Mazas LDA, registration number: 66372003;
address: Edificio Illa Dos Amores- Vilanova de Cerveira,
4920, Portugal.
31
there is no place indicated. In this box it is written
“Lorenzo Berzal de Francisco”, which is the name of
the consigner
26.01.06, 11:00 o’clock
Scobel Sud 2 S.r.l., Strada Provinciale Alezio, 73017
Sannicola, Italy; registration number: M2757HEE
23 hours
not indicated
“Desconocido, Desconocida, 00137, IT, 26.10.06
23:00” (note: this is pre-printed)
not indicated
there is a stamp on the route plan, but it is not legible
not indicated
there is no name written; in the appropriate box there
is written a passport number
programmed
staging point
not indicated
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Horses from Spain to Italy, 27.01.06
4. Description of loading situation and condition of the animals:
Species:
horses, extremely dirty
Levels:
1
Loading density:
1,07 m² per horse (on basis of external measurements of truck) Î
overloaded by at least 4 horses (provided that only young horses were
loaded; if there were also horses older than two years loaded, the
overloading increases); not enough room for the horses to lie down
Watering devices:
yes
Bedding:
insufficient and entirely wet and dirty straw
Hurt animals:
not observed
5. Further observations
Itinerary: Spain – France – Italy (only road transport)
The Animals’ Angels team does not trail the truck, but observed it on 27.01.2006 from 13:00 – 16:15
o’clock while waiting in line on the blocked highway A8 near Fréjus (France).
27.01.06
16:15 French police starts to gradually let the blocked trucks continue journey.
According to the time of departure indicated on the route plan (26.01.06, 11:00) the horses are now
on board the truck for 29 hours (already 5 hours more than allowed) and consequently
should be unloaded immediately for the required rest of 24 hours before continuing
transport. The drivers state, however, that they will go straight to destination – without
unloading at a staging point. The remaining distance to destination is still 1.361 km.
6. Arrival at destination
Date & Time of arrival: unknown
Given the remaining distance the remaining journey time is approx. 20 hours.
Information received in March 2006 from the Portuguese Ministry of Agriculture:
The company “Transportes Mazas LDA” is not registered in Portugal (=Member State of
establishment) for the transport of livestock.
II. CONCLUSIONS
1. Deficient veterinary checks at place of departure in Spain
The veterinary service (1115708 Valladolid) at place of departure in Spain should not have
authorized this transport by signing the accompanying documents as the transport was not in
compliance with relevant legislation.
1.1 Regarding accompanying documents
The veterinary service in Spain issued and stamped deficient accompanying documents.
The following irregularities were detected:
-
The company Transportes Mazas LDA was indicated as transport company on both
the route plan and the INTRA health certificate, even though it does not have an
authorisation for the transport of livestock (please see point II. 6)
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Horses from Spain to Italy, 27.01.06
-
-
The veterinary service in Spain did not verify the estimated journey time (please see
point II.3). By the fact that the veterinary service in Spain stamped a route plan, which
indicated a non realistic estimated journey time and which did consequently not indicate
the obligatory unloading at a staging point during transport, it supported a false statement
made by the transporter. The veterinary service issued, as well, a health certificate with an
unrealistic estimated journey time;
Number of health certificate not indicated on route plan;
Itinerary not indicated on route plan;
Name of person responsible during transport not indicated on route plan;
Place of departure not indicated on route plan.
This constitutes a violation of Council Directive 96/93/EC on the certification of animals
and animal products. The competent Spanish authority did not take all necessary steps
to ensure the integrity of certification as required in Art. 4 of Council Directive 96/93/EC.
The irregularities found on the route plan also constitute a violation of Art. 5, section A,
paragraph 2, lit. b, c and lit. d, (i) first indent of Council Directive 91/628 EEC as
amended by Council Directive 95/29 EC.
1.2 Regarding exceeded loading density
It must be presumed that the veterinary service in Spain was either not present during loading
operations or did not pay the necessary attention to the loading density. (please see point
II.5).
2. Undue suffering caused
The transporter transported the horses in a way, which caused them undue suffering as
- the truck was overloaded by at least 4 horses
- the maximum permitted journey time was exceeded.
This represents a violation of Art. 5, section A, number 1, lit. b of Council Directive 91/628
EEC as amended by Council Directive 95/29 EC.
3. Obligatory unloading at staging point not planned - Route plan not duly drawn up
regarding journey times and rest periods
It was not programmed to unload and rest the horses for at least 24 hours at an authorized staging
point after a maximum of 24 hours of transport. The indicated estimated journey time of 23 hours
is entirely unrealistic for a transport of 2.565 km. At the maximum permitted speed of 80 km/h the
journey time would be 32 hours. The time for stops during transport must be added to this. A
realistic journey time for this distance (under normal circumstances, without delays due to a
blocked highway as in this case) is therefore approx. 40 hours.
This constitutes a violation of Art. 5, section A, paragraph 2, lit. b and lit. d, first indent of
Council Directive 91/628 EEC as amended by Council Directive 95/29 EC, as well as a
violation of Art. 3, paragraph 1, lit. aa, second indent of Council Directive 91/628 EEC as
amended by Council Directive 95/29 EC in connection with Chapter VII, point 4, lit. c and
Chapter VII, point 5 of the Annex.
4. Exceeded maximum journey time
It is required that horses be unloaded after a maximum journey time of 24 hours to be rested, fed
and watered for at least 24 hours before continuing journey. When the Animals’ Angels team
observed the truck on 27.01.06 at 16:00 the horses had already been on board for 29 hours.
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Consequently the maximum journey time was already exceeded by 5 hours. The remaining
distance to destination was 1.361 km. According to the drivers they planned to continue transport
directly to destination, without unloading the horses for rest. No programmed staging point was
indicated on the route plan. Therefore, it is very likely, that the transport was in fact carried out
directly to destination. Given the remaining distance the remaining journey time was approx. 20
hours.
This constitutes a violation of Art. 3 paragraph 1, lit. aa, second indent of Council Directive
91/628 EEC as amended by Council Directive 95/29 EC in connection with Chapter VII, point
4, lit c and point 5 of the Annex.
5. Exceeded loading density
The lorry was overloaded by at least 4 horses. There was not enough room for the horses to lie
down. Considering the length of the transport the space per horse should have been increased
compared to the minimum requirements as stated in the table of Chapter VI, section A of Directive
91/628 EEC as amended, and not reduced.
This constitutes a violation of Art. 3, paragraph 1, lit. a, first indent of Council Directive
91/628 EEC as amended by Council Directive 95/29 EC in connection with Chapter I, section
A, point 2, lit. a and Chapter VI, section A of the Annex.
6. Transporter carried out transport without authorisation for the transport of livestock
The company “Transportes Mazas LDA, 4920 Vilanova de Cerveira, Portugal“ was indicated as
transport company on the route plan, as well as on the INTRA health certificate. This company
does, however, not have an authorisation for the transport of livestock.
This constitutes a violation of Art. 5, section A, paragraph 1, lit. a, ii, of Council Directive
91/628 EEC as amended by Council Directive 95/29 EC
Christine Hafner
Animals’ Angels
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© Copyright Animals’ Angels e.V.
Horses from Spain to Italy, 27.01.06
TRANSPORT OF HORSES FROM SPAIN TO ITALY
Transport company: MAZAS (Portugal/Spain)
27.01.2006
Date and time of first observation of truck:
Place of first observation of truck:
Outside temperature at this place:
Journey time so far:
Remaining distance to destination:
Distance from place of departure
to place of destination:
27.01.2006, 14:40 o’clock
France, near Fréjus, highway A 8
Note: The highway was blocked by French police due
to a snow storm in Italy. No truck was allowed to
continue to Italy from approx. 23:00 o’clock of
26.01.06 to 16:15 o’clock of 27.01.05. After this the
trucks gradually continued their journey.
5° Celsius
20,5 h (acc. to drivers 10 hours until arrival at Fréjus +
10,5 h of waiting time at Fréjus)
1.4347 km
2.1401km
I. FACTS FOUND and INFORMATION RECEIVED
1. Dates of transport company / lorry / driver(s)
Name of transport company:
MAZAS (as written on the truck and as confirmed by the drivers)
Address:
the company has two addresses - one in Spain (Ganados Mazás,
Cumeiro 2, 36590 Vila de Cruces, Pontevedra - Spain) and one in
Portugal (Transportes Mazas Limitada (LDA), Edificio Illa Dos
Amores- Vilanova de Cerveira, 4920 Campos – Portugal). Animals’
Angels does not know, which address was indicated on the route plan.
Name of Driver 1 and 2:
unknown
License plates:
Spanish license plate: NA 04936 R (red);
Portuguese license plate: 73 82 XR
Description of the lorry:
red cab with white and red one-compartment truck
2. Information on transport given by the driver:
Planned unloading / stops: none
Others:
- they state that they arrived at Fréjus at around 4.00 o’clock on
27.01.2006
- do not plan to unload at a staging point during transport even though
the journey time of 24 hours will be exceeded
3. Information on transport taken from the documents:
No. of INTRA certificate:
Number of animals:
Place of departure:
Time of departure:
Destination:
7
INTRA.ES.2006.0001809
24
Vilanova de Bellpuig (Spain)
26.01.06, 18:00
Reggio Calabria (Southern Italy)
Calculation according to ACAC RoutenPlaner, edition 2005/2006
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Horses from Spain to Italy, 27.01.06
Estimated time of journey:
Programmed staging point:
Veterinary service,
which issued the documents:
Route plan existing:
the appropriate field on the route plan is empty. In field no. 11
(Programmed transfer or staging point) is written 23 hours. Driver
declares that this is meant to be the estimated journey time.
not indicated
Generalitat de Catalunya, Dept. de Agricultura, Ramaderia,Pesca
yes
4. Description of loading situation and condition of the animals:
Species:
horses
Levels:
1
Impression of loading density: o.k.
Watering devices:
yes (automatic)
Partitions:
One partition placed, consists of vertical and horizontal bars,
where horses can easily remain stuck with their legs.
Health condition of animals:
seems to be o.k.
5. Further observations
Intinerary: Spain – France – Italy (road transport)
27.01.06
16:15 French police starts to gradually let the blocked trucks continue journey.
Approx. 17:00
The observed horse truck of the company Mazas continues journey.
According to the time of departure indicated on the route plan (26.01.06, 18:00) the horses are now
on board the truck for 23 hours and consequently should be unloaded within the next hour for
at least 24 hours of rest before journey is continued. The drivers state, however, that they will
go straight to destination – without unloading at a staging point. The remaining distance to
destination is still 1.434 km.
The Animals’ Angels team does no longer follow this truck, because it is decided to trail another, more
problematic livestock transport, which was also among the trucks waiting on the blocked highway A8.
6. Arrival at destination
Date & Time of arrival: unknown
With regard to the remaining distance to destination (1.434 km) the remaining transport time is approx.
22 hours.
II. CONCLUSIONS
2. Deficient veterinary checks at place of departure in Spain
The veterinary service (Pla d’Urgell (Mollerussa, Catalonia)) at place of departure in Spain should
not have authorized this transport as the transport was not in compliance with relevant legislation.
1.3 Regarding accompanying documents
The veterinary service in Spain did not verify the estimated journey time (please see point
II.3). By the fact that the veterinary service in Spain stamped a route plan, which indicated a
non realistic estimated journey time and which did consequently not indicate the obligatory
unloading at a staging point during transport, it supported a false statement made by the
transporter. This constitutes a violation of Council Directive 96/93/EC on the certification
of animals and animal products. The competent Spanish authority did not take all
necessary steps to ensure the integrity of certification as required in Art. 4 of Council
Directive 96/93/EC.
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Horses from Spain to Italy, 27.01.06
1.4 Regarding unsuitable partition
It must be presumed that the veterinary service in Spain was either not present during loading
operations or did not pay the necessary attention. (please see point II.5).
3. Likely undue suffering / transport in a way, which could cause injury
The animals were transported in a way, which was likely to cause them undue suffering as the the
permitted maximum journey time was most probably exceeded by far.
The animals were transported in a way, which could cause them injury as an unsuitable partition
was used.
This constitutes a violation of Art. 5, section A, paragraph 1, lit. b of Council Directive
91/628 EEC as amended by Council Directive 95/29 EC.
3. Obligatory unloading at staging point not planned - Route plan not duly drawn up
regarding journey times and rest periods
It was not programmed to unload and rest the horses for at least 24 hours at an authorized staging
point after a maximum of 24 hours of transport. The indicated estimated journey time of 23 hours
is unrealistic for a transport of 2.140 km. At the maximum permitted speed of 80 km/h the journey
time would be nearly 27 hours. The time for stops during transport must be added to this. A
realistic journey time for this distance (under normal circumstances, without delays due to a
blocked highway as in this case) is therefore at least 32 hours.
This constitutes a violation of Art. 5, section A, paragraph 2, lit. b and lit. d, first indent of
Council Directive 91/628 EEC as amended by Council Directive 95/29 EC, as well as a
violation of Art. 3, paragraph 1, lit. aa, second indent of Council Directive 91/628 EEC as
amended by Council Directive 95/29 EC in connection with Chapter VII, point 4, lit. c and
Chapter VII, point 5 of the Annex.
4. Exceeded maximum journey time very likely
It is required that horses be unloaded after a maximum journey time of 24 hours to be rested, fed
and watered for at least 24 hours before continuing journey. When the Animals’ Angels team
observed the truck on 27.01.06 at 17:00 the horses had already been on board for 23 hours. The
remaining distance to destination was 1.434 km. According to the drivers they planned to continue
transport directly to destination, without unloading the horses for rest. No programmed staging
point was indicated on the route plan. Therefore, it is very likely, that the transport was in fact
carried out directly to destination. Given the remaining distance the remaining journey time was
approx. 22 hours.
This constitutes a violation of Art. 3 paragraph 1, lit. aa, second indent of Council Directive
91/628 EEC as amended by Council Directive 95/29 EC in connection with Chapter VII, point
4, lit c and point 5 of the Annex.
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Horses from Spain to Italy, 27.01.06
5. Unsuitable partition installed
Partitions must be constructed in a way, which must not cause any injuries to the animals.
The truck was equipped with a partition, which does represent a risk for the animals’ health, as it
consisted of vertical and horizontal bars, where the horses could easily remain stuck with their
legs.
This constitutes a violation of Art. 5, section A, paragraph 1, lit. c of Council Directive
91/628 EEC as amended by Council Directive 95/29 EC in connection with Chapter I, point
2, lit. c of the Annex.
Footage taken: yes
Unsuitable partition installed in truck
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© Copyright Animals’ Angels e.V.
Horses from Spain to Italy, 27.-28.01.2006
TRANSPORT OF HORSES FROM SPAIN TO ITALY
Transport company: MAITXENE (Spain)
27.-28.01.2006
Date and time of first observation of truck:
Place of first observation of truck:
Outside temperature at this place:
Journey time so far:
Remaining distance to destination:
Distance from places of departure to
place of destination:
27.01.06, 12:45 o’clock
France, near Fréjus, highway A 8
Note: The highway was blocked by French police due to
a snow storm in Italy. No truck was allowed to continue to
Italy from approx. 23:00 o’clock of 26.01.06 to 16:15
o’clock of 27.01.05. After this the trucks gradually
continued their journey.
5° Celsius
There are two consignments loaded (15+17 horses).
Regarding the consignment of 15 horses the journey time
so far is 25 hours (acc. to driver this includes 11 hours of
waiting at Fréjus); regarding the consignment of 17
horses the journey time remains unclear (see below).
4808 km
1.6381 km (from Ayala via Mallén to Correggio)
I. FACTS FOUND and INFORMATION RECEIVED
1. Details on transport company / lorry / driver(s)
Name of transport company: Transportes Maitxene
Address:
31797 Lozen, Navarra, Spain, Tel: +34-948309205, Fax: +34948305254
Name of driver (only one):
Henry Davila Espinosa
License plates:
Spanish license plates: NA 07225 R / NA 5079 BD
Description of the lorry:
white cab, grey lorry and trailer with brown stripes, brown tailgate with
white inscription: “MAITXENE, Valle Ulzama, TeL. 0034-609400403,
609402762”; inscription on right door of cab: “Hnos. Barberena,
Tel./Fax. 948305146, Lozen (Navarra)”.
Measurements of the lorry: length of lorry: 7,33 m; length of the trailer: 7,05 m; width: 2,50m
Surface lorry and trailer:
35,95 m²
2. Information on transport given by the driver:
Number of animals:
32
Time of departure:
26.01.06 16:00 (note: this does not correspond to any of the
accompanying documents)
Estimated time of journey:
24 hours (under normal circumstances, i.e. without delays due to
blocked highways as today)
Planned unloading at
staging point:
none
Others:
- driver states he has been waiting in line on the blocked highway
since 27.01.06, 02:00 o’clock
8
Calculation according to ACAC RoutenPlaner, edition 2005/2006
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© Copyright Animals’ Angels e.V.
Horses from Spain to Italy, 27.-28.01.2006
3. Information on transport taken from the documents:
The horses consist of two consignments (17 and 15 horses); there are two INTRA health certificates
and two route plans, one of which is blank except for the stamp of the veterinary office in Spain and
the name of the driver.
Animals` Angels receives copies of both health certificates and route plans.
3.1)
Health certificate for 17 horses no.: INTRA.ES.2006.0001667
Number of animals:
Horses destined for:
Transport company:
Competent local veterinary office,
which issued the INTRA certificate:
Local reference number
(box I.2.a of INTRA certificate):
Sender/ Consigner:
Place of origin:
Place of loading:
Time of departure:
Place of destination:
Buyer/ Consignee:
Estimated time of journey:
Route plan:
Age of equines:
17
the option “others” is marked, consequently not
“for slaughter”
Transportes Maitxene, registration no.: ES NA 001,
address: Senrio de Loren Navara, 31790 Arantzs,
Spain
1139715 Vitoria
es-vi-328
Adolfo Otaola, 01013 Ayala, Spain
Adolfo Otaola, authorisation no.: 010100170003,
address: Izoria, 01013 Ayala, Spain
01013 Ayala (Spain)
25.01.06, 18:00 o`clock
C.A.B. S.r.l., Via Cesis 2, 42015 Correggio, Italy,
registration number: 11615
C.A.B. S.r.l., Via Cesis 2, 42015 Correggio, Italy
24 hours
on the health certificate is indicated that there is
NO route plan
15 months
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© Copyright Animals’ Angels e.V.
Horses from Spain to Italy, 27.-28.01.2006
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© Copyright Animals’ Angels e.V.
Horses from Spain to Italy, 27.-28.01.2006
Route plan accompanying the 17 horses:
The route plan is not filled in except for the stamp of the Spanish veterinary office and
the name of the driver
Veterinary office in Spain: Arabako Foru Aldundia, Diputacion Foral de Alava, Nekazaritza Saila,
Abeitzaintzo Zerbitzua, Departamento de Agricultura
Blank route plan – except for the stamp of the Spanish vet office and the name of the driver
3.2)
Health certificate for 15 horses no.: INTRA.ES.2006.0001682
Number of equines:
Horses destined for:
Transport company:
15
slaughter
Transportes Maitxene, registration no.: ES NA 001, address:
Alcoz, 31799 Odieta, Spain
Competent local veterinary office,
which issued the INTRA cert.:
1103102 Zaragoza
Local reference number
(field I.2.a of INTRA certificate): TO38368
Sender/ Consigner:
T Maitxene, S. de Lozen, 2, 31799 Odieta, Spain
Place of origin:
Rocio Navarro Cascan, registration no.: ES 501600000410,
address: C/Moncayo n.1, 50550 Mallén
Place of loading:
50550 Mallén (Spain)
Time of departure:
26.01.06, 12:00 o`clock
Place of destination:
C.A.B. S.r.l., Via Cesis 2, 42015 Correggio, Italy, registration
number: 11615
Buyer/ Consignee:
Agro Impex, Via Luigi Cadona 2, 34170 Gorizia, Italy
Estimated time of journey:
0.0 hours
Route plan:
on the health certificate is indicated that there is NO route
plan
Age of equines:
various
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© Copyright Animals’ Angels e.V.
Horses from Spain to Italy, 27.-28.01.2006
Route plan corresponding to health certificate no.: INTRA.ES.2006.0001682
Number of equines:
15
Veterinary office at place of departure:
There is a stamp of the vet office Aragón.
Place of departure:
Mallén
Place of destination:
C.A.B. s.r.l., Localita Canolo di Corregio, Via Cesis, 2,
42015 Reggio Emilia, Italy
Itinerary:
Mallén-Barcelona-Nice-Ventimiglia-Reggio Emilia
Estimated journey time:
25 hours
Date and time of departure:
26.01.06, 12:00 o`clock
Name of person responsible during transport: Henry Davila Espinosa
4. Description of loading situation and condition of the animals:
Species:
equines
Levels:
1 (it is a double deck truck, constructed for cattle; horses are
loaded only on bottom deck)
Impression of loading density:
Exceeded. There is not enough room for the horses to lie
down and horses that fell or laid down, have difficulties to
stand back up due to the limited space.
Loading density according to
taken measurements:
exceeded; 1,12m² per horse (35,95m² / 32 horses); truck is
overloaded by at least 2 horses, as minimum space
requirement is 1,2m² per young horse.
Watering devices:
yes, automatic
Bedding:
sufficient straw
Partitions:
one partition placed in lorry and one in trailer; the partitions are
permanently fixed to the roof of the first level
(=floor of the second level); the truck is
double deck (constructed for cattle),
therefore the second level is raised more then
normal to give the horses more head space;
consequently also the partitions are raised,
which creates a huge gap between bottom of
partitions and floor of truck, in which animals
can remain stuck with their legs or other
parts of their body.
Sick animals: Horses appear to be stressed and exhausted. Horses fall or lie repeatedly down.
Two horses stuck under a partition.
5. Further observations
Itinerary: Spain – Nice (France) – Ventimiglia (Italy) –Piacenza - Correggio (Italy) (road transport)
27.01.2006
12:45
We observe the truck waiting in line on the blocked higway A8, France.
One young horse is lying down. His head leans against the side wall of the truck. He does not make
any attempts to get up. He does, however, not appear to be injured. Possibly the horse is just
resting or cannot get up because space is limited - the legs of the horse are between the legs of the
other standing horses. Driver is not present.
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© Copyright Animals’ Angels e.V.
Horses from Spain to Italy, 27.-28.01.2006
16:15
French police starts to gradually let the blocked trucks continue journey.
16:50
The observed horse truck continues journey. We ask the Gendarmes to conduct an
inspection.
Police check:
Place: France, highway A 8, west of pay toll Antibes (near Nice).
Time: approx. 18:15 – 18:48
One horse in the lorry is lying with his whole body stuck under the divider. Driver lifts up the
hydraulic second level, in this way also the divider is lifted up. After approx. 20 minutes the
gendarme and the driver manage to make the horse stand up by pushing him several times with the
wooden end of a shovel. No injuries visible.
Driver is told by gendarmes that this truck can only be used for bovines, not for horses. Gendarmes
warn driver that it is illegal to travel with a blank route plan. The Gendarmes do not have time to
issue a fine, as they are busy due to the traffic jam caused by all the blocked trucks.
18:48
Truck drives off in direction Italy.
Driver stops for some minutes at one of the next gas stations. Again a horse is lying on the ground,
this time in the trailer.
It is extremely dangerous to drive in Italy due to heavy snow falls.
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© Copyright Animals’ Angels e.V.
Horses from Spain to Italy, 27.-28.01.2006
28.01.2006
00:28
Truck takes exit for Reggio Emilia and follows sings for Correggio.
01:20 Arrival at a farm near Corregio.
Now two horses are lying down in the trailer. One manages to get up before unloading starts.
The other one is lying with his head under a partition and does not manage to stand up.
During unloading the driver manages to make the horse get back up. The horse has some
difficulties; after the first try to stand up, it breaks down again, but makes it at the second try.
Horses appear to be stressed and exhausted, but we do not spot any injured horse.
6. Arrival at destination
Date & Time of unloading at destination: 28.01.06, 01:50 o’clock
Temperature:
-2° Celsius
Vet present:
no vet; there is just a stable worker present
II. CONCLUSIONS
1. Deficient veterinary checks at place of departure in Spain
The veterinary service (1139715 Vitoria, 1103102 Zaragoza) at place of departure in Spain
should not have authorized this transport as it was not in compliance with relevant legislation.
1.1 Regarding accompanying documents
The veterinary services in Spain issued and stamped deficient accompanying documents.
The following irregularities were detected:
-
-
the
route
plan
accompanying
the
consignment
of
17
horses
(no.:
INTRA.ES.2006.0001667) was not filled in. There was only the stamp of the veterinary
service Alava (region Vitoria) and the name of the driver written on it. It is not known to
Animals’ Angels, if the veterinary service itself stamped a blank route plan or if the
transport company illegally got hold of the stamp. In any case, the veterinary service
(1139715 Vitoria) should not have drawn up the health certificate, because no duly drawn
up route plan was submitted by the transporter.
on both health certificate it was indicated that there was no route plan, even though a
route plan was required
on the health certificate no. INTRA.ES.2006.0001682 issued by the veterinary service
1103102 Zaragoza the estimated journey time is indicated with 0.0 hours.
This constitutes a violation of Council Directive 96/93/EC on the certification of animals
and animal products. The competent Spanish authority did not take all necessary steps
to ensure the integrity of certification as required in Art. 4 of Council Directive 96/93/EC.
The irregularities found regarding the blank route plan additionally constitute a violation of Art.
5, section A, paragraph 2, lit. b, c and lit. d of Council Directive 91/628 EEC as amended
by Council Directive 95/29 EC.
1.2
Regarding exceeded loading density and construction of truck
It must be presumed that the veterinary services in Spain were either not present during
loading operations or did not pay the necessary attention to loading density and the
construction of the truck. (please see points II.4, 5 and 6).
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© Copyright Animals’ Angels e.V.
Horses from Spain to Italy, 27.-28.01.2006
2. Undue suffering caused
The transporter transported the horses in a way which caused them undue suffering as
-
the maximum permitted journey time was exceeded by far
unsuitable partitions were installed, which caused suffering to the animals, as they remained
stuck in the gap between the bottom of the partitions and the floor of the truck
the maximum loading density was exceeded.
This represents a violation of Art. 5, paragraph 1, lit. b of Council Directive 91/628 EEC as
amended by Council Directive 95/29 EC.
3. Exceeded maximum journey time
The transporter did not unload the horses after the maximum journey time of 24 hours at an
authorized staging point for the required rest period of at least 24 hours.
The 15 horses (INTRA.ES.2006.0001682) from Mallén (Spain) were unloaded after 38 hours of
transport.
Regarding the 17 horses from Ayala (Spain) it remains unclear for how long they have been
transported. With regard to the date and time of departure indicated on the INTRA health
certificate the horses were transported for 56 hours. This appears, however, improbable, because
even though the horses were exhausted, they did not make the impression to have travelled for
such a long period of time. Possibly those horses were first transported from Ayala to Mallén, were
unloaded and later loaded again together with the 15 horses from Mallén.
This constitutes a violation of Art. 3 paragraph 1, lit. aa, second indent of Council Directive
91/628 EEC as amended by Council Directive 95/29 EC in connection with Chapter VII, point
4, lit. c and point 5 of the Annex.
4. Exceeded loading density
According to calculation the truck was overloaded by two horses. In consideration of the length of
the journey the legally required minimum loading densities should have been reduced, not
increased. There was not enough room for the horses to lie down and horses that had laid or
fallen down, had difficulties to stand back up due to the limited space.
This constitutes a violation of Art. 3, paragraph 1, lit. aa, first indent of Council Directive
91/628 EEC as amended by Council Directive 95/29 EC in connection with Chapter VI,
section A of the Annex.
5. Inadequate partitions installed
Partitions must be constructed in a way, which must not cause any injuries to the animals.
The truck was equipped with partitions, which represented a risk for the animals’ health, as there
was gap between the bottom of the partitions and the floor of the truck, where animals can – and
did in fact – remain stuck.
This constitutes a violation of Art. 5, section A, paragraph 1, lit. c of Council Directive
91/628 EEC as amended by Council Directive 95/29 EC in connection with Chapter I, point
2, lit. c of the Annex.
6. Equines loaded on a truck with more than one deck
This represents a violation of Art. 3, paragraph 1, lit. a, first indent of Council Directive
91/628 EEC as amended by Council Directive 95/29 EC in connection with Chapter I, section
A, point 2, lit. h of the Annex.
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Horses from Spain to Italy, 27.-28.01.2006
7. Mingling of animals of different health status
Horses “for slaughter” were transported in the same vehicle with other horses.
This endangered the health status of the horses of the higher health category.
Horse squeezed between two others
Christine Hafner
Animals’ Angels
_________________________________________________________________ 29
© Copyright Animals’ Angels e.V.
Horses from Spain to Italy, 26.02.2006
TRANSPORT OF HORSES
FROM NAVARRA (SPAIN) TO SICILY (ITALY)
Transport company MAZAS (Spain/Portugal)
26.02.2006
Date & time of first contact with the lorry: 26.02.06; 15.05 h
Place of first contact with lorry: parking lot on A 12, shortly after Genoa, Italy
Outside temperature at this place: 12°C
Total distance from place of departure to place of destination: 2.553 km 9
I. FACTS / INFORMATION RECEIVED
1. Dates of Transport Company / lorry / driver(s)
Name of transport company: Ganados Mazas, Cumeiro – Vila de Cruces, Pontevedra, Spain,
T +34 986 78 76 28; F +34 986 58 23 09, mobile 629 83 50 19
Name of Driver 1:
unknown (Brazilian)
Name of Driver 2:
unknown (Brazilian)
Licence plates:
R 0365 BBW / 3455 DVJ;
Description of the lorry:
silver one-compartment truck with gooseneck, type Pezzaioli, red
tailgate; white IVECO cab with red inscription “Orlando” on the front,
inscription on left door of cab “ Ganados Mazas, Cumeiro – Vila de
Cruces, TLF 629 83 50 19 (Pontevedra);
Measurements of the lorry: according to stickers on the lorry: 32 m² for deck 1-3;
2. Information on transport taken from the documents:
2.1. Route plan
Transport company:
Transportes Mazas Lda, Vila Nova de Cerveira, Portugal,
C.I.F. P -506603997
Vehicle:
lorry 3455 DVJ; R – 3455 BBW and 8678 XR; R – 2339 BBJ
Species:
equines
Number of animals:
30
Place of departure:
Tajonar (Navarra)
Itinerary:
Tajonar, La Jonquera, Ventimiglia, Firenze; Roma, Napoli; Santa
Agata li Battiati
Estimated journey time:
24 hours
Health certificate number: INTRA.ES.2006.0004259 (24.02.06)
Stamp of veterinary service: Gobierno de Navarra, Sección Sanidad Animal
Date and time of departure: 25.02.06; 23.30
Person responsible during transport: Jose Da Rocha; Edson … unreadable.
Staging point:
no staging point programmed.
Stops:
stop of 1 hour, 26.02.06, 10 h, place unreadable; stop of 8 hours,
26.02.06; 22 h, place unreadable.
Signature of driver:
yes
9
According to „ADAC Routenplaner“, edition 2005/2006
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© Copyright Animals’ Angels e.V.
Horses from Spain to Italy, 26.02.2006
2.2. INTRA
Sender:
Equipirenaica, S.Coop., Ctra. Tarragona - S. Sebastian, km. 134;
22500 Binefar, Spain
Consignee:
Orazio Cucé; Contrada Caramma, 95030 Sant Agata li Battiati,
Catania, Italy
(number of authorization: 045-CT-001)
Veterinary service responsible: ES34014 Pamplona, Navarra
Place of origin:
Ganados Oromar, sl., 31192, Aranguren, Tajonar (number of
authorization: ES310230000100)
Place of loading:
31192 Aranguren
Date and time of departure: 25.02.06; 9.00 h
Vehicle:
8678 XR; R-2339 BBJ
Transport company:
Transportes Mazas Lda., Number of Authorisation: 66372003;
Edificio Ilha dos Amores; Vilanova de Cerveira, 4920
Campos_Vilanova de Cerveira, Portugal.
Number of animals:
printed: 1.0, written by hand 30
Estimated journey time:
24 hours
Route plan:
route plan “yes” is written by hand.
Identification of the animals: 30 foals with description
Signing veterinary:
Maria Concepción San Martín Casi
2.3 CMR
Transport company:
Ganados Mazas, s.l., C.I.F. B – 36.256.147, Polígono Industrial
“Lalin 2000”, Ciudad del Transporte, Parcela B – 5; 36500 Lalín,
Pontevedra, T 986 – 78 76 28; F 986 78 76 31;
Number of animals:
27
Place and date of taking over the goods: Tajonar: 25.02.06
3. Description of loading situation and condition of the animals:
Species:
Young horses, heavy breed
Condition of the animals:
The horses seem to be tired. Almost all the animals have their head
hanging down. The horses are extremely dirty.
Levels:
Two levels but the horses are only loaded on one deck.
Impression of loading density: Not all horses have space to lie down.
Loading density according
indication (sticker) on the lorry: 32m² /: 1,2 = 26,66. = 26 young horses (up to 2 years) can be
loaded on the lorry.
Watering devices:
The lorry is equipped with watering devices for cattle. They are
turned off and several “bowls” are closed.
Bedding:
Insufficient and extremely dirty bedding. On the second level
there is also dirty bedding (faeces). There is a strong smell of
ammonia.
Dividers:
One divider in main body of the lorry (gap of approx. 25 cm between
bottom of divider and floor, photo) and separation between
gooseneck and main body
Height/ Headspace:
The headspace in the gooseneck is sufficient. In the main body the
headspace is insufficient. Several horses touch the ceiling
permanently. All horses are hindered from standing in their
natural position since they cannot raise their heads without
hitting the ceiling.
Ventilation:
yes
Temperature inside the lorry: --Hurt animals:
one horse has a swollen eye. The eye is completely closed. There
are scratches around the eye.
Sick animals: ---Dead animals: ----
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Horses from Spain to Italy, 26.02.2006
Gap between bottom of divider and floor
extremely dirty bedding
5. Information given by the drivers:
- According to the drivers the time of departure was the 25.02.06 at 18.00 h.
- According to the drivers the horses were not watered during the journey.
6. What happened:
The lorry takes highway A11 in direction of Florence.
17:40 h: At Florence the lorry takes highway A1 in direction of Rome.
18:00 h: We call police “Polizia Autostradale Arezzo”.
18:38 h: The Police stop truck at a gas station shortly before exit for Arezzo.
19:30 h: The lorry leaves gas station and is escorted by police to their headquarters (at exit Arezzo).
19:52 h: Arrival at police headquarters.
The police check on the documents and on the horses on the lorry. They also check if there are more
animals or goods loaded on the second deck. According to the officer who checked on the situation on
the second deck there were not any animals or goods but dirty bedding.
The police find out that according to the discs of the drivers the time of departure must have been
25.02.06 at 10.00 h. Therefore at the time when police stopped them the journey has already
lasted 32.5 hours. Consequently the allowed maximum journey time of 24 hours is already
exceeded by 8.5 hours and the horses are still 978 km away from destination.
The police give order to unload the horses at the nearest staging point (CE 12/PS, La Posta,
Carlo Caponi, Autotrasporti, Passaggio di Bettona, Perugia) and issue a fine of Euro 3.098,00.
22:20 h (5°Celsius): Arrival at staging point “La Posta”. The horses are unloaded. All horses seem to
be o.k. Exiting the lorry a lot of horses raise their heads and hit the second deck.
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© Copyright Animals’ Angels e.V.
Horses from Spain to Italy, 26.02.2006
Horses hitting their heads on the second deck
Horses unloaded at the staging point “La Posta”, Bettona
II. VIOLATIONS:
1. Deficient veterinary checks at place of departure in Spain and deficient accompanying
documents
The veterinary service (ES34014 Pamplona) at place of departure in Spain should not have
authorized this transport by signing the accompanying documents as the transport contravened
existing legislation.
1.1. Regarding accompanying documents
The veterinary service in Spain issued and signed deficient accompanying documents.
The following irregularities were detected:
-
The Spanish veterinary service did not verify the estimated journey time. (see point 3)
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© Copyright Animals’ Angels e.V.
Horses from Spain to Italy, 26.02.2006
-
Obligatory unloading at a staging point not planned - Route plan not duly drawn up
point 3)
(see
-
Both certificates (route plan and “INTRA” ) indicated that 30 horses were loaded onto the lorry.
( in this case the lorry would have been overloaded with 4 horses)
-
On both certificates two different times of departure were indicated
-
The license plates indicated on the documents did not correspond to the license plate of the
lorry on which the horses were transported.
This constitutes a violation of Council Directive 96/93/EC on the certification of animals and
animal products.
The irregularities found on the route plan (see point 3) also constitute a violation of Art. 5,
section A, paragraph 2, lit. b, c and lit. d, (i) first indent of Council Directive 91/628 EEC as
amended by Council Directive 95/29 EC.
Furthermore an unauthorized transport company was indicated on the accompanying documents.
On both certificates the wrong address of the transport company was indicated since the
Portuguese company “Mazas” has no authorization to transport live animals.
This represents a violation of Art. 5, section A, paragraph 1, lit. a.) i.) of Council Directive
91/628 EEC as amended by Council Directive 95/29 EC. Furthermore it represents a
violation of Council Directive 96/93 EC.
1. 2. Regarding inadequate transport conditions (See point 2. -3. and 6. - 10.)
2. Undue suffering caused and transportation in a way which could cause injuries to the
animals
Undue suffering was caused to the horses due to inadequate transport conditions.
This represents a violation of Art. 5, paragraph 1, lit. b of Council Directive 91/628 EEC as
amended by Council Directive 95/29 EC.
3. Obligatory unloading at staging point not planned - Route plan not duly drawn up
regarding journey times and rest periods
It was not programmed to unload and rest the horses for at least 24 hours at an authorized staging
point after a maximum of 24 hours of transport. The indicated estimated journey time of 24 hours
is unrealistic for a transport of 2,553 km (Aranguren – Sant Agata li Battiati, via La Jonquera). If
going constantly at the maximum allowed speed of 80 km/h this transport would take 32 hours; to
this time the stops for watering the horses and the breaks for the drivers must be added.
This constitutes a violation of Art. 5, section A, paragraph 2, lit. b and lit. d, first indent of
Council Directive 91/628 EEC as amended by Council Directive 95/29 EC, as well as a
violation of Art. 3, paragraph 1, lit. aa, second indent of Council Directive 91/628 EEC as
amended by Council Directive 95/29 EC in connection with Chapter VII, point 4, lit. c and
Chapter VII, point 5 of the annex.
4. Exceeded journey times
The transporter did not unload the horses after the maximum journey time of 24 hours at an
authorized staging point for the required rest period of at least 24 hours. When the horses – after
the intervention of the Animals’ Angels team – were unloaded at the staging point, they had
already been on board the truck for 36.5 hours.
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© Copyright Animals’ Angels e.V.
Horses from Spain to Italy, 26.02.2006
This constitutes a violation of Art. 3 paragraph 1, lit. aa, second indent of Council Directive
91/628 EEC as amended by Council Directive 95/29 EC in connection with
Chapter VII, point 4, lit c and point 5 of the annex.
5. Horses not watered after 8 hours of transportation
According to the drivers the horses were not watered after 8 hours of transportation.
This constitutes a violation of Art. 3 paragraph 1, lit. aa, second indent of Council Directive
91/628 EEC as amended by Council Directive 95/29 EC in connection with
Chapter VII, point 4, lit c.
6.
Exceeded loading density
On health certificate and route plan 30 horses are indicated. On the CMR (International
consignment note) 27 horses are indicated and indeed there are 27 loaded. Acc. to table in
legislation the truck is overloaded by one horse only (32:1.2 = 26,666). Considering the length of
the journey the horses should have been granted more space. Certainly the space was insufficient
for all animals to lie down.
This constitutes a violation of Art. 3, paragraph 1, lit. aa, first indent of Council Directive
91/628 EEC as amended by Council Directive 95/29 EC in connection with Chapter VI,
section A of the annex.
7. Insufficient head space
For several horses the ceiling height was insufficient. This prevented the animals from moving
naturally.
This constitutes a violation of Art. 3, paragraph 1, lit. a, first indent of Council Directive
91/628 EEC as amended by Council Directive 95/29 EC in connection with Chapter I, section
A, point 2, lit. b of the annex.
8. Equines loaded on a lorry with more then one deck
This represents a violation of Art. 3, paragraph 1, lit. a, first indent of Council Directive
91/628 EEC as amended by Council Directive 95/29 EC in connection with Chapter I, section
A, point 2, lit. h of the annex.
9. Insufficient bedding
This constitutes a violation of Art. 3, paragraph 1, lit. a, first indent of Council Directive
91/628 EEC as amended by Council Directive 95/29 EC in connection with Chapter I, section
A, point 5 of the annex.
10. Partition placed which could cause injuries to the animals
Inside the lorry a partition was placed which could cause injuries to the animals.
This constitutes a violation of Art 3, number 1, lit a Council Directive 91/628 ECC as
amended by Council Directive 95/29 in connection with Chapter 1, section A number 2 lit. c
of the Annex.
Julia Havenstein
Animals Angels e.V.
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© Copyright Animals’ Angels e.V.
Horses from Spain to Italy, 26. – 29.07.2006
TRANSPORT OF HORSES FROM SPAIN TO ITALY
26th – 29th July 2006
Transport Company: Fontana Decimo, Italy
Animals’ Angels Team: Lesley Moffat, Julia Havenstein, volunteer
Date & time of first contact with the lorry: 26th July 2006, 18:35 h
Place of first contact with lorry: Restaurant Cabane Bambou on the N113, near Arles
Outside temperature at place of first contact with lorry: 36°C
Total distance from place of loading to destination: 2.209.5 km10
Distance from
place of
loading:
2.209,5 km
I. FACTS / INFORMATION RECEIVED
1. Dates of Transport Company / Lorry / Driver
Name of transport company: “Fontana Decimo”
Name of driver: Decimo
Licence plates: BK 620 SB; AB 72643
Description of the lorry: One compartment lorry, red with yellow stripes. Cab white. No inscription,
two little white horses on the flap.
2. Information on transport taken from the documents:
2.1. Route plan:
Transport company: Fontana Decimo, via Bandi 44, 36056 Tezze sul Brenta (VI), T/ F +39 0424
89187
Species: foals
Number: 30
Place of departure: Sauro de Vilanova (note this is a company name not a place11)
Destination: Lecce (the exact place of destination is Seclí)
Health certificate number: INTRA.ES2006.0016602
Date and time of departure: 26.07.06 / 13.00 h
Estimated journey time: missing
Stamp: The route plan has the stamp of the vet service Castelló.
Programmed staging point: no staging point programmed.
INTRA:
Sender: Sauro Vilanova s.l., Partida Travesses s/n, 18123 Vilanova d’ Alcolea.
Loading place: 12183 Vilanova d’ Alcolea
10
11
According to Marco Polo Route planer from Vilanova d’ Alcaleo (ES) to Seclí (I) is 2.209.5 km
Remarks by the author of the report are written cursively.
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© Copyright Animals’ Angels e.V.
Horses from Spain to Italy, 26. – 29.07.2006
Importer: F.lli Greco srl, v. A Diaz 39, 73050 Seclí
Destination: F Greco srl. Zona Industriale Seclí (authorization Nr. 2065/M)
Health certificate number: INTRA.ES.2006.0016602
Local reference number: ES1203UE06012
Competent authority: ES37017 Castellón (Comunidad Valenciana)
Veterinarian responsible: Maria Carmen Marin Martinez
Transporter: Autotrasporti Fontana Decimo, c.s.n.c. (Authorization nr. 01705400248)
Estimated journey time: 12 hours
Box I.30: Route plan not necessary.
3. Information given by the driver:
30 young horses are loaded
He loaded at 13.00 h near Tarragona
4. Description of loading situation and condition of the animals:
Species: horses
Condition of the animals: the horses seem to be in satisfactory condition
Levels: 1
Impression of loading density: too high
Loading density according to taken measurements:
1. Compartment: 5.6 m x 2.5 = 14m² → 14m²/: 1,2 m² = space for 11 horses
2. Compartment 7.9 m x 2.5= 19,75m² → 19,75m²/1,2 m² = space for 16 horses
According to our measurements the lorry is overloaded by 3 horses as it has only a loading capacity of
27 horses.
Watering devices: the driver has foldable attachable buckets
Bedding: straw
Dividers: 1 divider placed
Height/ Headspace: OK
Ventilation: yes
Temperature inside the lorry:
Hurt animals: we don’t observe any hurt animal
Sick animals: we don’t observe any sick animal
Dead animals: we don’t observe any dead animal
5. What happened:
18.35 h: The lorry arrives at the parking lot of the Restaurant La Cabane Bambou on the N-113 near
Arles in France.
21.00 h: The driver waters the horses and than continues the journey to Italy.
Thursday, 27th July 2006
6.41 h: The truck passes the gas station Imperia Ovest ( A10/Italy)
7.33 h The lorry stops near Fogliano sud ( A10/Italy). The driver claims that he will make a reservation
for the staging point at Perugia.
Approx. half an hour later the driver stops again to tell us that he made a reservation for the staging
point at Piacenza. The lorry drives in direction of Piacenza.
11.00 h, 30.5 ° C: The horses are unloaded at the staging point of Piacenza (Euroitalia S.p.A. Loc.
Zappellazzo, I – Carpaneto Piacentino (Cadeo) (PC). The horses are supplied with hay and water. All
animals seem to be in satisfactory condition.
According the information of the management of the staging point the lorry left the staging point to
continue the journey to Seclí on Friday the 28th at 11.30 h with all the 30 horses.
From the staging point to Seclí it is still 983 km. So it can be supposed that the lorry arrived at Seclí in
the early morning of the 29th of July.
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© Copyright Animals’ Angels e.V.
Horses from Spain to Italy, 26. – 29.07.2006
II. CONCLUSIONS:
A. Responsibility of the official veterinarian at the place of departure
Deficient veterinary check regarding the accompanying documents at the place of
departure in Spain
The veterinary service at the place of departure in Spain (ES37017 Castellón (Comunidad
Valenciana)) should not have authorized this transport by signing the accompanying documents
since the transport contravened existing legislation.
1. The veterinary service at the place of departure in Spain (ES37017 Castellón) did not make
sure that the route plan was duly drawn up.
a.
b.
c.
d.
On the route plan the estimated journey time was missing.
No staging point has been programmed for a journey of 2.209,5 km.
The name of the person responsible during the journey was missing
The signature of the transporter was missing.
2. Furthermore the veterinary service did not make sure that the Intra communitarian certificate was
filled in correctly. For the transport from Spain to Italy the estimated journey time of 12 hours was
indicated and there was “no route plan” indicated.
This constitutes a violation of Art. 5, section A, paragraph 2, lit. b. and c of Council Directive
91/628 ECC as amended by Council Directive 95/29 EC, which requires the route plan to be
duly drawn up and it constitutes a violation of Art. 8, lit. d.) of Council directive 91/629/EEC
as amended by Council directive 95/29 EC
Furthermore it represents a violation of Council Directive 96/93EC on the certification of
animals and animal products. The competent Spanish authority did not take the necessary
steps to ensure the integrity of certification as required in Art. 4 of Council Directive
96/93EC. This is regarding the route plan and regarding the INTRA.
B. Responsibility of the transporter
1. Undue suffering caused
Undue suffering was caused to the animals due to the overloading by 3 horses.
This constitutes a violation of Art. 5, paragraph 1, lit. b of Council Directive 91/628 EEC as
amended by Council Directive 95/29 EC.
2. Obligatory unloading at a staging point not planned. Route plan not duly drawn up
regarding journey times and rest periods.
See above A. 1.
3. Exceeded loading density
The lorry was overloaded by at least 3 horses. (in consideration of the high temperatures the
loading density should have been further decreased. )
This constitutes a violation of Art. 3, paragraph 1, lit. aa, first indent of Council Directive
91/628 EEC as amended by Council Directive 95/29 EC in connection with Chapter VI,
section A of the annex.
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© Copyright Animals’ Angels e.V.
Horses from Spain to Italy, 26. – 29.07.2006
C. Responsibility of the veterinarian responsible at the staging point
The veterinary service responsible at the staging point (A.U.S.L. Piacenza) should not have authorized
the continuation of the journey with all 30 horses. With 30 horses onboard the lorry was overloaded by
3 horses contravening existing legislation constituting a violation of Art. 3, paragraph 1, lit. aa, first
indent of Council Directive 91/628 EEC as amended by Council Directive 95/29 EC in connection with
Chapter VI, section A of the annex.
Signed:
Julia Havenstein
Animals Angels e.V.
Annex:
1. copy of route plan
2. copy of INTRA
Annex 1:
_________________________________________________________________ 39
© Copyright Animals’ Angels e.V.
Horses from Spain to Italy, 26. – 29.07.2006
Annex 2:
_________________________________________________________________ 40
© Copyright Animals’ Angels e.V.
Horses from Spain to Italy, 27.-30.07.2006
TRANSPORT OF HORSES FROM SPAIN TO ITALY
27th – 30th July 2006
Transport Company: Cutilli
Animals’ Angels Team: Lesley Moffat, Julia Havenstein, volunteer
Date & time of first contact with the lorry: 28th July 2006, 20.40 h
Place of first contact with lorry: A 10, Italy, parking lot near Savona
Outside temperature at place of first contact with lorry: 24,5 °C
Total distance from place of loading to destination: 2.418,3 km12
Distance from
place of
loading:
2.418,3 km
I. FACTS / INFORMATION RECEIVED
1. Dates of Transport Company / lorry / driver(s)
Name of transport company: Cutilli Romeo & C. s.n.c., C. Collevecchio 5, 65019 Pianella, PE
Name of driver: Agostino Luchiano
Licence plates: Italian license plates CK 359 NB, AA48958
Description of the lorry: One compartment lorry, grey with red stripes, cab golden. Inscription on the
cab: Cutilli
2. Information on transport taken from the documents:
2.1. Route plan:
Transporter: BRISSCL. Cutilli Romeo & C.S.N.C., Cra. Collevecchio 15, 65019 Italia
Signature of the transporter: missing
Number of animals: 35
Place of departure: SAT San Felices, ES
Place of destination: ITG00015445, Cobec SRL, viale Cotrino, 72100 Latiano, Italia
Health certificate number: INTRA.ES.2006.0016632
Date and time of departure: 27.07.06, 20.00 h (printed), 23:15 h is written by hand
Itinerary: missing
Estimated journey time: 24 hours
Stamp: Veterinary service La Rioja, San Roman de Cameros
Person responsible during transport: Luchiano Agostino
Planned staging point: on the route plan it is not indicated that a staging is planned.
12
According to Marco Polo route planer from San Felices to Latiano via La Jonquera is 2.418,3 km
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© Copyright Animals’ Angels e.V.
Horses from Spain to Italy, 27.-30.07.2006
Stops: the place of departure: SAT 26133 San Felices, c/ Plaza, ES, Date and Time: 27.07.06/ 20:00
h is indicated. Furthermore several stops for watering the horses are indicated, written by hand.
3. Information given by the driver:
When we first meet the driver he claims that he will unload at the staging point at Piacenza.
4. Description of loading situation and condition of the animals:
Species: Horses, apparently around 1 year old foals. The horses are small and thin.
Condition of the animals: The horses seem to be in satisfactory condition
Levels: 1
Impression of loading density: The loading density looks OK
Loading density according to measurements taken: The front compartment measures 7,1 m x 2,5
m and the back compartment 6,4 m x 2,5 m. According to the driver 18 horses are loaded in the front
compartment and 17 in the back compartment. According to our measurements only 14 young horses
fit in the front compartment and in the back only 13. So the lorry is overloaded by 8 horses.
Watering devices: The driver has foldable attachable buckets.
Bedding: Straw
Dividers: 1 divider placed
Height/ Headspace: OK
Ventilation: yes
Temperature inside the lorry: unknown
Hurt animals: we don’t observe any hurt animal
Sick animals: we don’t observe any sick animal
Dead animals: we don’t observe any dead animal
5. What happened:
Friday, 28th July 2006
20:40 h, 24.5°C: The lorry stops at a parking lot on the A 10 near Savona, Italy.
We talk to the driver. He says he left the place of departure on the 27th at 23.15. He claims that he will
unload at the staging point in Piacenza. Since there is no staging point indicated on the route plan and
since there is an estimated journey time of 24 hours indicated on the route plan we decide to follow
the lorry to make sure that the horses will be unloaded.
21:10 h: He takes the A 26 in direction of Alessandria.
21.25 h: He stops at the gas station “Turchino est” for a coffee break.
23:10 h: The transport arrives at the staging point Euroitalia S.p.A, Loc. Zappellazzo, I – Carpaneto
Piacentino, PC.
23.30 h, 22°C: The unloading is terminated. All horses seem to be in satisfactory condition. As we
observed before the horses are small and thin. All seem to be foals under two years.
There is water and hay available for the horses. All pens have bedding.
Saturday, 29th July 2006
According to the information of the official veterinarian responsible at the staging, Dr. Lanza ( A.U.S.L.
Piacenza) the horses were reloaded after approx. 24 hours (29.07.06, 23.00 h) to continue the journey
to Latiano. He authorized the reloading of all 35 horses onto the same lorry in spite of the overloading
with the argument that the horses were small and that there was no serious animal welfare threat.
From Carpaneto Piacentino to Latiano it is still 940 km. So we suppose that the lorry arrived at
Latiano the earliest on the 30th July around noon.
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© Copyright Animals’ Angels e.V.
Horses from Spain to Italy, 27.-30.07.2006
II. CONCLUSIONS:
A. Responsibility of the official veterinarian at the place of departure:
I. Deficient veterinary check regarding the accompanying documents at the place of departure
in Spain
The veterinary service at the place of departure in Spain (OCA de San I, 26133 San Roman de
Cameros, La Rioja) should not have authorized this transport by signing the accompanying documents
since the transport contravened existing legislation.
1. The veterinary service at the place of departure in Spain (OCA de San I, 26133 San Roman de
Cameros, La Rioja) did not make sure that the route plan was duly drawn up.
a. The planning of the journey was unrealistic. The lorry could not reach the destination in 24
hours.
b. No staging point has been programmed for a journey of 2.418,3 km.
The total distance from San Felices to Latiano is 2.418,3 km. Going non stop at 80km/h the
lorry could reach Latiano in 30.2 hours.
However in order to calculate the journey time realistically:
aa. The time for necessary stops for the driver has to be added and it should be taken into
consideration that even with two drivers the lorry cannot be driven longer then 20 hours without break
of 8 hours (Regulation EC 3820/85)
bb. The time for filling in the water tanks and the obligatory stops for watering the horses have to be
added
cc. Situations of dense traffic have to be taken into consideration.
Furthermore on the route plan the itinerary was not indicated and the signature of the transporter was
missing.
This constitutes a violation of Art. 5, section A, paragraph 2, lit. b. and c of Council Directive
91/628 ECC as amended by Council Directive 95/29 EC, which requires the route plan to be duly
drawn up and it constitutes a violation of Art. 8, lit. d.) of Council directive 91/628 EEC as
amended by Council directive 95/29 EC
Furthermore it represents a violation of Council Directive 96/93 EC on the certification of
animals and animal products. The competent Spanish authority did not take the necessary
steps to ensure the integrity of certification as required in Art. 4 of Council Directive 96/93 EC.
II. Deficient veterinary check regarding the exceeded loading density:
The official veterinarian at the place of departure in Spain should not have authorised the transport for
35 horses as with 35 horses the loading density was exceeded contravening the current legislation.
The lorry used had the standard size of 13,5 m x 2,5 m. The lorry had a loading capacity of 27 young
horses up to 24 months.
B.
Responsibility of the transporter:
1. Undue suffering caused
Undue suffering was caused to the animals due to the overloading.
This constitutes a violation of Art. 5, paragraph 1, lit. b of Council Directive 91/628 EEC as
amended by Council Directive 95/29 EC.
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© Copyright Animals’ Angels e.V.
Horses from Spain to Italy, 27.-30.07.2006
2. Obligatory unloading at a staging point not planned. Route plan not duly drawn up
regarding journey times and rest periods.
See above A. I.
3. Exceeded loading density
Considering the minimum space requirements indicated in the table of Chapter VI, section A of
Council Directive 91/628 EEC as amended by Council Directive 95/29 EC he lorry was overloaded by
8 horses.
This constitutes a violation of Art. 3, paragraph 1, lit. aa, first indent of Council Directive 91/628
EEC as amended by Council Directive 95/29 EC in connection with Chapter VI, section A of the
annex.
C. Responsibility of the veterinarian responsible at the staging point:
The veterinary service responsible at the staging point (A.U.S.L. Piacenza) should not have authorized
the continuation of the journey with all 35 horses. With 35 horses onboard the lorry was overloaded by
8 horses contravening existing legislation constituting a violation of Art. 3, paragraph 1, lit. aa, first
indent of Council Directive 91/628 EEC as amended by Council Directive 95/29 EC in connection with
Chapter VI, section A of the annex.
Signed:
Julia Havenstein
Animals Angels e.V.
Annex:
1. copy of route plan
Annex:
_________________________________________________________________ 44
© Copyright Animals’ Angels e.V.
Horses from Spain to Italy, 28.-31.07.2006
TRANSPORT OF HORSES FROM SOUTH SPAIN TO SOUTH ITALY
28th – 31st July 2006
Transport company: PORTAGERO LDA (Portugal)
Animals’ Angels Team: Lesley Moffat, Julia Havenstein, volunteer
Date & time of first contact with the lorry: 29th July 2006, 18.00 h
Place of first contact with lorry: A10 near Albenga, Italy
Outside temperature: 32°C
Distance from place of loading to destination: 2.921 km13
Distance from
place of
loading: 2.921
km
I. FACTS FOUND AND INFORMATION RECEIVED:
1. Details of Transport Company / lorry / driver(s)
Name of transport company: Portagero LDA, Vila Nova de Cerveira, 4920 Portugal
Name of Driver 1: Adelson (Brazilian nationality), according to the information of the drivers they
are both employees of Spanish transport company Mazas.
Name of Driver 2: Francisco (Brazilian nationality)
Licence plates: Portuguese license plate: 85BL89, Spanish license plate R 4135EBB
Description of the lorry: One compartment lorry, grey with red stripes, cab white, inscriptions on
the cab: Orlando and on the doors Ganados Mazas, Pontevedra
2. Information on transport taken from the documents:
2.1. There is the original route plan and a copy
2.1.1. original route plan:
Transporter: Transportes Portagero LDA ( P50665010), Vila Nova de Cerveira, 4920 Portugal
Signiture of the transporter: missing
Number of animals: 32
Place of departure: Explotaciones ganaderos del sur (this is a company name, not a place14)
13
According to Marco Polo route planer from Castilleja del Campo to Bari it is 2.921 km
14
Remarks of the author are written cursively.
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© Copyright Animals’ Angels e.V.
Horses from Spain to Italy, 28.-31.07.2006
Destination: Mattatoio CE 2612M, via Cozze 2, 70100 Italy ( IT00013095) ( there is the ZIP code
indicated but the place is missing)
Health certificate number: missing
Itinerary: missing
Estimated journey time: 24 hours
Stamp of veterinary service: Junta de Andalusia, Delegación Provincial de Sevilla
Person responsible during the transport: Adelson Martins de Godoy
Date and time of departure: 28.07.06/ 20:00 h
Planned stops: Area de descanso, National road, 22003, Spain, 29.07.2006, 04:00 h; area de
descanso, national road, 16100 Italy, 29.07.2006, 14:00 h. (It is not indicated that any stops had been
carried out.)
Programmed staging point: No staging point programmed
Signature of the person responsible during transport: Missing
2.1. second copy of the route plan:
This is different as it is signed by the driver and the driver filled in the box 13 iii.) by hand: Piacenza
Cadeo, IT, Euroitalia. (He “completes” the route plan during the police control in Italy (29.07.06,
20.00h)
2.2. INTRA:
Sender: Explotaciones ganaderas del sur, Avenida de Andalucia, 41810 Castilleja del Campo, Spain
Destination: La Maddalena, srl. Via Quaranta, 133, 70100 Bari, Italia
Health certificate number: INTRA.ES.2006 0016965
Veterinary service responsible: ES47001 Sevilla
Loading place: 41810 Castilleja del Campo
Transporter: Transportes Portagero LDA, Vila Nova de Cerveira, 4920 Vila Nova de Cerveira
(Portugal)
Number of animals: 32
Estimated journey time: 24 hours
Species: horses
Breed: “Bretona”
Sex: females
Age: 18 months
Veterinarian responsible: Javier García Marzal, Sevilla, OCA Poniente, UVL ES 47001
3. Information given by the drivers:
- 31 horses are loaded on the lorry
- they loaded at Sevilla around 24 hours ago. They drove from Sevilla via Bailen, Manzanares,
Valencia, Barcelona, La Jonquera.
4. Description of loading situation and condition of the animals:
Species: horses
Condition of the animals: the animals are exhausted. See below
Levels: 1
Impression of loading density: overloaded
Loading density according to taken measurements: 13,55 m x 2,5 m = 33,87m²
33,87:1,2 = 28,23, overloaded by at least 3 horses
Watering devices: water troughs in the front and in the back
Bedding: straw ( see below section 5)
Dividers: 1 divider is placed
Height/ Headspace: OK
Ventilation: yes
Temperature inside the lorry: unknown
Hurt animals: several horses have superficial injuries and scratches
Sick animals: we spot two horses with thick yellow nose discharge; when we first inspect the lorry
two horses are lying down with their heads on the floor; one of them has obvious difficulties in
getting back up. When the lorry stops the second time this same animal is lying down. See below
section 5.
Dead animals: we don’t observe any dead animals. However 3 horses have to be emergency
slaughtered before arriving at the destination. See below section 5.
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Horses from Spain to Italy, 28.-31.07.2006
Horses from South Spain to South Italy, Company Portagero, 29.07.06
5. What happened:
Saturday, 29th July 2006
18.00 h: The lorry stops at a gas station on the highway A 10 in Italy in near Albenga. .
Two horses are lying down with their heads on the ground. The drivers manage to get them both up by
pulling water in their faces. One of them has serious problems in getting up.
The straw bedding in the lorry is extremely clean and dry taking into account the fact that the horses
had already been on the lorry for 24 hours. (This could be a sign that they did not receive any water
during the journey)
18.30 h: The lorry continues its journey and takes the A 26 in direction of Alessandria.
We call police.
19:53 h: We meet police and they escort the lorry to the next gas station.
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Horses from Spain to Italy, 28.-31.07.2006
20:00 h: When the lorry stops at the gas station the same horses as before are lying down. The
drivers manage to get him them up again.
Apparently after a phone conversation with their boss the drivers say that they will unload the horses
at the staging point at Piacenza. One of the drivers “completes” the route plan filling in the “Piacenza,
Cadeo,IT, Euroitalia.
The police issue a fine of 3.098 EUR because of the overloading and another fine of 3.098 EUR
for the incorrect accompanying documents.
21:10 h: The police control is terminated. The drivers ask us to escort them to the staging point of
Piacenza since they had never been there. We take them to the staging point.
23.00 h The lorry arrives at the staging point, Euroitalia S.p.A, Loc. Zappelazzo, I – Carpanato
Piacentino ( PC). The horses are unloaded.
23.30 h: The unloading is terminated. When the horses enter the stables they all urinate.
The horses are supplied with hay and water. The manager of the staging point turns the water system
on and off because the horses are so desperate to drink and we are afraid they will get colic. The
horses are put into 3 pens that have thick clean bedding.
There are male and female horses together. The majority of the horses are the same breed and
approximately the same age. There are several horses that obviously are older than 18 months.
E.g.: One white horse has shoes on the front and back hooves. According to the scratches on his
nose back this horse had been used for riding. He is older than 18 months.
Horses from South Spain to South Italy, Company Portagero, 30.07.06
There are 3 horses in poor condition:
Alessandra: a young strong mare that is lame on one front leg. Her leg is stiff and she has severe
problems walking.
Claudio: a male foal has both his front hooves deformed (apparently since his birth) and can hardly
walk.
Natasha: an Arabian mix is very lame on one front leg and one hind leg. She has old (knitted) injuries
on both that legs and on the shoulder. Apparently she has had an accident. She can hardly walk.
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Horses from Spain to Italy, 28.-31.07.2006
We ask the manager of the staging point to separate these horses. The three are put into a large pen
but always stick very close together. All three eat and drink.
Claudio, Alessandra and Natasha, Company Portagero, 30.07.06
Sunday, 30th July 2006
10.00 h: We meet the official veterinarian Dott. Lanza ( A.U.S.L. Piacenza).
He orders three horses to be left behind because of the overloading and decides that the three horses
in poor condition have to be emergency slaughtered at the slaughterhouse of Castel San Giovanni (35
km away).
22.30 h: The drivers inform us that they cannot reload after the scheduled obligatory 24 hours
because there are problems regarding the payment for the staging point.
Monday, 31st July 2006
10.00 h: The horses are reloaded.
11.00 h: The lorry leaves the staging point.
The horses Claudio, Natasha and Alessandra stay behind. According to the information of the official
veterinarian Dr. Lanza the 3 horses will be picked up by the lorry of the slaughterhouse of Castel San
Giovanni on Tuesday morning.
Arrival at destination: According to the information of the drivers the lorry arrived at its destination
Bari the 31st at 23.30 h.
II. CONCLUSIONS:
A. Responsibility of the official veterinarian at the place of departure
I. Deficient veterinary check regarding the accompanying documents at the place of departure
in Spain
The veterinary service at the place of departure in Spain (Sevilla, OCA Poniente) should not have
authorized this transport by signing the accompanying documents since the transport contravened
existing legislation.
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Horses from Spain to Italy, 28.-31.07.2006
1.
The veterinary service at the place of departure in Spain (Sevilla, OCA Poniente) did not make
sure that the route plan was duly drawn up.
a. The planning of the journey was unrealistic. The lorry could not reach the destination in 24
hours.
b. No staging had been programmed for a journey of 2.921 km.
The total distance from Castilleja del Campo to Bari is 2.921 km. Going non stop at 80km/h the
lorry could reach Bari in 36,5 hours.
However in order to calculate the journey time realistically:
aa. The time for necessary stops for the drivers has to be added and it should be taken into
consideration that even with two drivers the lorry cannot be driven longer then 20 hours without break
of 8 hours (Regulation EC 3820/85)
bb. The time for filling in the water tanks and the obligatory stops for watering the horses has to be
added
cc. Situations of dense traffic have to be taken in consideration.
2. The veterinary service did not make sure that the Intra communitarian certificate was filled in
correctly. Wrong information stated from the INTRA:
a. On the INTRA it was indicated that 32 horses were loaded onto the lorry. In reality 31 horses were
loaded.
b. According to the INTRA all horses were of the breed “Breton”. In reality horses of different breeds
were loaded.
c. According to the INTRA all animals were 18 months old. In reality there were several older animals
including animals older than 24 months.
d. According to the INTRA the whole consignment consisted of female animals. Instead on the lorry
there were male and female horses.
This constitutes a violation of Art. 5, section A, paragraph 2, lit. b. and c of Council Directive
91/628 ECC as amended by Council Directive 95/29 EC, which requires the route plan to be duly
drawn up and it constitutes a violation of Art. 8, lit. d.) of Council directive 91/629/EEC as
amended by Council directive 95/29 EC
Furthermore it represents a violation of Council Directive 96/93EC on the certification of
animals and animal products. The competent Spanish authority did not take the necessary
steps to ensure the integrity of certification as required in Art. 4 of Council Directive 96/93EC.
This is regarding the route plan and regarding the INTRA.
II. Deficient veterinary check regarding the exceeded loading density:
The official veterinarian at the place of departure in Spain should not have authorised the transport for
32 horses as with 32 horses the loading density was exceeded contravening the current legislation.
The lorry used had the standard size of 13,5 m x 2,5 m. That means that it had a loading capacity for
28 young horses – up to 24 months.
B. Responsibility of the transporter
1. Undue suffering caused and transportation in a way that could cause injuries to the animals.
Undue suffering was caused to the animals as
- the loading density was exceeded
- animals unfit for travelling were loaded.
Furthermore the overloading increased the danger of the animals suffering injuries during
transportation. This is because when one horse is lying down the other horses automatically have to
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Horses from Spain to Italy, 28.-31.07.2006
stand over the animal lying down and that can make it impossible for the prone animal to get up again
and the animal is always exposed to the danger of the others stepping on him.
Furthermore undue suffering was caused to the animals because they were not watered every 8
hours.
This constitutes a violation of Art. 5, paragraph 1, lit. b of Council Directive 91/628 EEC as
amended by Council Directive 95/29 EC.
2. Transportation of unfit animals
On the lorry at least two horses were transported that were not fit for travelling from the beginning of
the journey. Regarding the mare “Alessandra” it is possible that she had been injured during
transportation regarding the two other horses Natasha and Claudio it was obvious that they were unfit
for travelling from the beginning of the journey.
This represents a violation of Art. 3, paragraph 1, lit. b of Council Directive 91/628 EEC as
amended by Council Directive 95/29 EC.
3. Obligatory unloading at a staging point not planned. Route plan not duly drawn up regarding
journey times and rest periods.
See above A. I. 1
4. Exceeded loading density
Considering the minimum space requirements indicated in the table of Chapter VI, section A of
Council Directive 91/628 EEC as amended by Council Directive 95/29 EC he lorry was overloaded by
more then 3 horses. (see above)
Additionally the length of the journey and the high temperature should have been taken into
consideration. The horses should have been granted more space to comply with the requirements to
guarantee at least their very minimum of welfare that is possible during a long distance transport.
This constitutes a violation of Art. 3, paragraph 1, lit. a, first intend of Council Directive
91/628/EEC as amended by Council Directive 95/29/EC in connection with Chapter I, section A,
point 3, lit. a of the annex.
5. Horses not watered every 8 hours
According to the extremely dry and clean condition of the straw after 24 hours of transportation and
according to the indications on the route plan the horses had not been watered every 8 hours.
This constitutes a violation of Art. 3, paragraph 1, lit. aa, second indend of Council Directive
91/628 EEC as amended by Council Directive 95/29 EC in connection with Chapter VII, point 4,
lit. c of the annex.
Signed
Julia Havenstein
Animals’ Angels e.V.
Annex:
1. copy of route plan
2. copy of INTRA
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Horses from Spain to Italy, 28.-31.07.2006
Annex 1:
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© Copyright Animals’ Angels e.V.
Horses from Spain to Italy, 28.-31.07.2006
Annex 2:
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© Copyright Animals’ Angels e.V.
Horses from Spain to Italy, 28.-31.07.2006
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© Copyright Animals’ Angels e.V.
Horses from Spain to Italy, 29.-30.07.2006
TRANSPORT OF HORSES FROM SPAIN TO ITALY
29th – 30th July 2006
Transport company: MAITXENE (Spain)
Animals’ Angels Team: Lesley Moffat, Julia Havenstein, volunteer
Date & time of first contact with the lorry: 30th July 2006, 17.00 h
Place of first contact with lorry: A 21 west of Piacenza, Italy (bridge no. 114)
Outside temperature: 37.5°C
Gorizia:
Destination
according to
documents
Correggio:
place of
unloading
I. FACTS FOUND AND INFORMATION RECEIVED:
1. Details of Transport Company / lorry / driver(s)
Name of transport company: Maitxene
Name of driver: Leonardus Henricus Marinus Damen (Dutch nationality)
Licence plates: 3999DVC; R1818BBC
Description of the lorry: Double deck lorry with trailer, silver brown, inscription on the flap Maitxene
T +34 948 305146, Mob +34 609 400 403; 609 402762
2. Information taken from the documents:
Apparently there are two consignments since there are two route plans from two different autonomous
regions:
1. Route plan
Transporter: missing
License plate: 3999 DVC
Species: missing
Number of animals: missing
Itinerary: missing
Estimated journey time: missing
Health certificate number: missing
Date and time of departure: 29.07.06/ 8.00pm
Stamp of veterinary service: Stamp of veterinary service of the autonomous region Cantabria
Signature of person responsible during transport: signature of the driver
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Stamp of
veterinary
service of
Cantabria
Nearly blank route plan, Horses from Spain to Italy, company Maitxene, 30.07.06
2. Route plan
Transporter: Maitxene sl. Transportes, Senorio de Lozen, nr. 2, Navarra, 46823 España
Vehicle: 3999 DVC, R 1818 BBC
Species: 0101
Number of animals: 19
Place of departure: Adolfo Otaola, ES ( this is a name not a place)
Place of destination: AgroImpex, via Luigi Cadorna, 34170 Italia (The place is missing).
Health certificate number: missing
Itinerary: missing
Estimated journey time: missing
Date and time of departure: 29.07.06/ 12.00 h
Stamp of veterinary service: missing
Person responsible during transport: Leonardus Henricus Marinus Damen
Planned stops: in the box 13.) i) is written Ventimigilia
INTRA:
Sender: Adolfo Otaola, Izoria, 01013 Alaya, Spain
Destination: AGROIMPEX srl., via L. Cadorna, 22, 34170 Gorizia, Italy.
Health certificate number: INTRA.ES.2006.0016094
Local reference number: es-vi 370
Veterinary service responsible: ES39715 Vitoria
Place of destination: Agro Impex via Luigi Cadona, 2, 34170 Gorizia (authorisation number:
initfr15cf1) (according to the information of the veterinary service responsible at Gorizia the indicated
authorisation number is not existing)
Date and time of departure: 29.07.06/ 12:00 h
Transporter: Maitxene sl.Transportes, Senorio de Lozen, 2, 46823 Navarrés, Navarra, Spain
Number of animals: 19
(Please note that we don’t have all information from the INTRA)
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3. Information given by the driver:
- 34 horses are loaded on the lorry
- the destination where it is going to unload is near Reggio Emilia
4. Description of loading situation and condition of the animals:
Species: Horses
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Horses from Spain to Italy, 29.-30.07.2006
Condition of the animals: The horses seem to be in satisfactory condition
Levels: Two/ On the second level there are no animals loaded. However on the second deck there is
dirty straw bedding.
Impression of loading density: too high
Loading density according to taken measurements: Lorry: 7.6 x 2.5 = 19m²/ Trailer 7.5 x 2.5 =
18.75 m². According to our measurement 31 horses fit on the lorry. Assuming that the information
given by the driver is correct the lorry is overloaded by 3 horses.
Watering devices: yes, but turned off
Bedding: straw
Dividers: yes, the dividers are attached to the ceiling (the second deck) and because the second deck
is lifted up the dividers don’t meet the floor and there is a big gap between the dividers and the floor.
Height/ Headspace: insufficient for several horses as the second deck is installed
Ventilation system: yes, but turned off
Temperature inside the lorry: 33°C (the lorry is parked in the shade under the bridge)
Hurt animals: we don’t observe any hurt animal
Sick animals: we don’t observe any sick animal
Dead animals: we don’t observe any dead animal
5. What happened:
17.00 h: The lorry stops under a bridge (ponte 114) on the A 21 west of Piacenza.
The driver says that he will stop under the bridge for 45 minutes.
There is one horse lying down with his head on the floor. The driver manages to get him up without
further problems.
17:17 h: We call police, Polizia Stradale di Alessandria. Police claim that it is impossible for them to
send a team since there is a road accident.
17.40 h: The lorry leaves.
19.09 h: The lorry takes the exit for Reggio Emilia.
19:35 h: The transport arrives at Correggio.
The horses are unloaded at Correggio a stable in the street via Cesis.
Animals’ Angels knows the place where the horses are unloaded under the company name:
C.A.B. S.r.l., via Cesis, 2, 42015 Correggio, Italy, registration number 11615.
All horses are able to walk from the lorry. We do not observe any problems.
However we observe that on the second deck of the lorry there is dirty straw and on the outside of the
second floor there is dried excrement.
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Horses from Spain to Italy, 29.-30.07.2006
Horses from Spain to Italy, company Maitxene, 30.07.06
II. CONCLUSIONS:
A. Responsibility of the official veterinarian at the place of departure
Deficient veterinary check regarding the accompanying documents at the places of departure
in Spain
The veterinary service at the place of departure in Spain at Cantabria and the Pais Vasco should not
have authorized this transport by signing the accompanying documents since the transport
contravened existing legislation.
I. 1. The veterinary service at the 1st place of departure15 in Pais Vasco did not make sure that
the route plan was duly drawn up.
On the route plan for the consignment from Pais Vasco the stamp of the veterinary service was
missing. The signature of the transporter was missing, the itinerary was missing, the health certificate
number was missing and the signature of the person responsible was missing. As place of departure
the name of a person was indicated and as destination only a ZIP code was indicated.
This constitutes a violation of Art. 5, section A, paragraph 2, lit. b. and c of Council Directive
91/628 ECC as amended by Council Directive 95/29 EC, which requires the route plan to be duly
drawn up and it constitutes a violation of Art. 8, lit. d.) of Council directive 91/628 EEC as
amended by Council directive 95/29 EC
Furthermore it represents a violation of Council Directive 96/93EC on the certification of
animals and animal products. The competent Spanish authority did not take the necessary
steps to ensure the integrity of certification as required in Art. 4 of Council Directive 96/93 EC.
I.2. From the INTRA signed by the official veterinary service at the place of departure in Pais
Vasco stated wrong information as the authorisation number for the indicated place of
destination was not existing.
This represents a violation of Council Directive 96/93EC on the certification of animals and
animal products. The competent Spanish authority did not take the necessary steps to ensure
the integrity of certification as required in Art. 4 of Council Directive 96/93EC.
II. The veterinary service at the 2nd place of departure in Cantabria did not make sure that the
route plan was duly drawn up.
15
Assuming that the time of departure indicated on the route plan and on the INTRA from Pais Vasco
is correct the first loading place must have been in Pais Vasco.
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Horses from Spain to Italy, 29.-30.07.2006
Except from the stamp of the veterinary service, the incomplete license plate, the signature of the
driver and the date and time of departure the route plan was blank.
This constitutes a violation of Art. 5, section A, paragraph 2, lit. b. and c of Council Directive
91/628 ECC as amended by Council Directive 95/29 EC, which requires the route plan to be duly
drawn up and it constitutes a violation of Art. 8, lit. d.) of Council Directive 91/628/EEC as
amended by Council directive 95/29 EC.
Furthermore it represents a violation of Council Directive 96/93EC on the certification of
animals and animal products. The competent Spanish authority did not take the necessary
steps to ensure the integrity of certification as required in Art. 4 of Council Directive 96/93EC.
B. Responsibility of the transporter
1. Undue suffering caused and transportation in a way that could cause injuries to the animals
Undue suffering was caused to the animals due to the overloading by 3 horses, due to the insufficient
head space for several animals and due to the exceeded journey time.
The horses were transported in a way that could cause them injuries because of the gap between the
dividers and floor. That involved the possibility that the horses could get stuck under the dividers.
This constitutes a violation of Art. 5, paragraph 1, lit. b of Council Directive 91/628 EEC as
amended by Council Directive 95/29 EC.
2. Route plan not duly drawn up
See above A.I and II.
3. Animals not transported to the place of destination
The horses were not transported to the place of destination indicated in the documents but to another
place (farm) around 320 km away from the indicated destination.
This constitutes a violation of Art. 4 and Art. 5 point 2, lit. g of Council Directive 91/628 EEC as
amended by Council Directive 95/29 EC.
4. Exceeded loading density
Considering the minimum space requirements indicated in the table of Chapter VI, section A of
Council Directive 91/628 EEC as amended by Council Directive 95/29 EC the lorry was overloaded by
3 horses.
Additionally the length of the journey and the high temperature should have been taken into
consideration. The horses should have been granted more space to comply with the requirements to
guarantee at least their very minimum of welfare that is possible during a long distance transport.
This constitutes a violation of Art. 3, paragraph 1, lit. a, first intend of Council Directive
91/628/EEC as amended by Council Directive 95/29/EC in connection with Chapter I, section A,
point 3, lit. a of the annex.
5. Exceeded journey time
Assuming that the time of departure indicated on the INTRA and the route plan for the consignment
from the País Vasco is correct the maximum journey time was exceeded by 7,5 hours. As date and
time of departure the 29th, 12.00 h was indicated. The horses were unloaded at the “place of
destination” the 30th at 19.35 h.
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Horses from Spain to Italy, 29.-30.07.2006
This constitutes a violation of Art. 3, paragraph 1, lit. aa, second indent of Council Directive
91/628 EEC as amended by Council Directive 95/29 in connection with Chapter VII, point 4, lit c
and point 5 of annex.
6. Insufficient head space/ Horses transported on a double deck lorry
The horses were transported on the first level of a double deck lorry. The second deck was lifted up
however the head space was insufficient for several horses.
This represents a violation of Art. 3 paragraph 1, lit. a, first intend of Council Directive 91/628
EEC as amended by Council Directive 95/29 EC in connection with Chapter I, section A, point 2,
lit b and h of the annex.
7. Horses not watered every 8 hours
According to the indications on the route plan the horses had not been watered every 8 hours.
This constitutes a violation of Art. 3, paragraph 1, lit. aa, second intend of Council Directive
91/628 EEC as amended by Council Directive 95/29 EC in connection with Chapter VII, point 4,
lit. c of the annex.
8. Vehicle not properly cleaned before loading
On the second deck of the lorry there was dirty straw and excrement and outside the lorry at the height
of the second deck there was dried faeces.
This constitutes a violation of Art. 3, paragraph 1, lit. a, second intend of Council Directive
91/628 EEC as amended by Council Directive 95/29 EC in connection Chapter I, number 8 of the
annex.
Signed:
Julia Havenstein
Animals Angels e.V
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Horses from Spain to Italy, 03.08.2006
TRANSPORT OF HORSES FROM Spain to Italy
Transport company: MAZAS
03.08.2006
Date & time of first contact with the lorry:
Outside temperature at that time:
Place of first contact with lorry:
Distance between place of departure and destination is:
Animals Angels´Team:
03.08.2006, 13:54 h
36°C
Italy, freeway around Bologna
2.444 km16 (from 26100 Torrecilla
via Bologna to Latiano)
Tea Dronjic, Iris Baumgärtner,
24 hours
exceeded at
Bologna
Transport Route from 26100 Torrecilla via Bologna to Latiano
I. FACTS / INFORMATION RECEIVED
1. Dates of Transport Company / lorry / driver(s)
Name of transport company:
Transportes Mazas, Soziedad Unipesoal, LDA.,
Alvara 9678/2003, Lic. Communitaria 6637/2003
Address:
Edificio Ilha dos Amores n.°17,
4920-270 Vila Nova de Cerveira, Portugal
Name of Drivers:
2 Portuguese drivers, name not legible
License plates:
87-BJ-46 (P)/ 5871 BBB (ES)
Description of the lorry:
white cab, grey one-compartment trailer
Surface of 1.floor:
32 m²
2. Information taken from the documents:
The transport of horses was accompanied by 2 Health Certificates and 2 Route plans and the weigh
bill (CMR)
16
Acc. to „ADAC Routenplaner“, edition 2005, 2006
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Horses from Spain to Italy, 03.08.2006
2.1. Information taken from the Intracommunity Certificates:
Number of health certificate:
Local ref.nb:
Number of animals:
Transporter
Exporter/ Sender:
Importer/ Buyer:
Place of origin
Place of departure:
Date and time of departure:
Health Certificate
Destination:
INTRA.ES.2006.0016967
not indicated
9
Transportes Erronkari SL,
Iraizoz, 31746 Ulzama, Spain
Auth.nb.: ATES14310000118
Transportes Erronkari SL,
Iraizoz, 31746 Ulzama, Spain
CO.BE.C SRL, Macello di
Ostuni, 72022 Latiano, Italy
Garde Reinaldo Felix,
31381 Caparroso
Auth.nb: ES310650000102
31381 Caparroso
31.07.06, 07:00 h
“Slaughter”
CO.BE.C SRL,
Macello di Ostuni,
72022 Latiano, Italy
Nr. 2360
Estimated time of journey:
Veterinary service which issued
the documents:
Name of veterinarian:
24 hours
ES 34014 Pamplona
Gobierno Navarra
Antonio Puig Ayestaran
INTRA.ES.2006.0017032
not indicated
21
Transportes Erronkari SL,
Iraizoz, 31746 Ulzama, Spain
Auth.nb.: ATES14310000118
Transportes Erronkari SL,
Iraizoz, 31746 Ulzama, Spain
CO.BE.C SRL, Macello di
Ostuni, 72022 Latiano, Italy
Ganaderia Majadal S.L.,
Poligono San Lazaro,
26100 Torrecilla En Cameros
Auth.nb.: ES261510000003
26100 Torrecilla En Cameros
31.07.06, 07:00 h
“others”
CO.BE.C SRL,
Stalla di Sosta N°9,
BR013 VialeCotrino,
72022 Latiano, Italy
INITIT 0500103997
28 hours
ES 35016 Logrono
Gobierno Rioja
unknown
2.2. Information on transport taken from the Route plans:
Route plan to Health Certif.nb.
Transport company:
Number of animals:
Place of departure
Date of departure
Time of departure:
Place of destination:
Estimated time of journey:
Itinerary:
Planned unloading / stops:
Veterinary service which
issued the documents:
INTRA.ES.2006.0016967
Transportes Erronkari
(printed and cancelled)
MAZAS (handwritten)
9
Garde Reinaldo Felix (ES)
31.07.06, 7:00 h
(printed and cancelled)
2-7-06 (handwritten)
Not indicated
CO.BE.C.SRL, Macello di
Ostuni, 72022 Latiano
24 hours
Irun, Ventimiglia, Latiano
Stop at Ventimiglia, 31.07.06
(printed)
INTRA.ES.2006.0017032
Transportes Erronkari
(printed and cancelled)
MAZAS (handwritten)
21
Ganaderia Majadal S.L. (ES)
31.07.06, 7:00 h
(printed and cancelled)
02.08.2007 (handwritten)
17:30 h*
CO.BE.C.SRL, Stalla di Sosta,
72022 Latiano
28 hours
Irun, Arles, Ventimiglia,
Piacenza, Bari, Latiano *
Stop at Aire de Cantarelles
03.08.06, 0:45-2:30 h
no staging point indicated
Gobierne de Navarro
no staging point indicated
Gobierno Rioja (?)
2.3. Information taken from the weigh bill:
According to the weigh bill only 29 horses were transported.
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3. Description of loading situation and condition of the animals at the time of control
Species:
29 young horses
Levels:
1 level
Loading density:
exceeded, 1,1 m² per horse (32 m²/ 29 horses)
Watering devices:
no, water system for bovines, no water buckets
Bedding:
straw bedding
Dividers:
yes
Ventilation:
yes
Injured animals:
no
Dead animals:
no
Impression of the animals:
all horses are visibly stressed and exhausted,
2 young horses collapsed repeatedly
4. Further observations/ information:
13:54 h: While overtaking the truck on the freeway ring around Bologna we observe one horse lying
down, trying to get up. We try to stop the drivers, but they do not. We call the police.
14:10 h: a police car with 2 police officers, stops the truck on the SOS parking place.
The officers are from: Polizia Stradale, Sottosezione Polstrada, Bologna Sud, Castelecchio di
Reno (Bolognia), Via del Lavoro 75, Tel: 0516111811, C.A.P. 40033
The police officers are having problems finding out the actual date and time of departure in Spain,
since the accompanying documents are not conformable. According to the Health Certificates the
transport started on the 31.07.06 at 7:00 h. In one of the Route Plans the 02.07.06 was indicated, in
the other one the 02.08.06, time of departure 17:30 h. According to the drivers discs the transport
started on the 02.08.06 at 14:00 h. The drivers also only stopped once during the journey.
The accompanying documents are also not corresponding regarding the number of animals. In
accordance with the Route plans and Health Certificates 30 horses are loaded, in the weigh bill only
29 horses are mentioned. We count 29 horses.
Taken the drivers discs as a basis, since it seems the only reliable source of information, the horses
are at that time 24 hours on transport, without water. As a consequence of transport stress, the heat
and the lack of water and rest, the horses are very exhausted. Especially the young horses are trying
to lie down and rest, but the drivers force them to stand up again.
At 15:00 h the police calls the Veterinary Service.
At 15:30 h the vet Dr. Franco Santa Chiara from ASL Bologna arrives, has a very quick look at the
horses and checks the accompanying documents. After ca. 30 minutes he decides, that we have to
move to another place and we drive to a Maut station, called Casalecchio.
The horses, who are standing close to the 2 water devices are desperately licking water from the
water nipples, but they can not get much since it is for bovines and not adequate for horses. The
drivers do not have additional water buckets. 1 horse is lying down meanwhile and refuses to stand up
again.
We require the unloading of the horses at one of the nearest staging points, which is Piacenza.
Dr. Santa Chiara calls the staging point in Piacenza and they obviously accepted the horses. The
police informs us, that they will find someone from the police department to escort the transport to the
staging point in Piacenza.
Around 17:00 h Dr. Santa Chiara decides to send the transport to the police station in order to do the
necessary paperwork. He seems to be confused about the further procedures, like: “Who is supposed
to write the sanctions and who is supposed to write the Provision for the discharge (unloading) of the
animals?”
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One of the police officers informed us, that they sanctioned 4 offences concerning
- overcrowding
- staging point not programmed
- horses not watered according to the directive
- no water system resp. water buckets
The police officers and the transport with the horses turns into the direction of the police station, but
still has to wait for Dr. Santa Chiara, who is busy on the phone. After he finishes his telephone
conversation, he obviously changes his mind. He informs us now, that the horses should continue
their journey to Latiano, since this was in the best interest of the horses. Even the police seems to be
surprised. We insist on the unloading, because the horses are now more than 27 hours on transport ,
they have not received water even once during the whole journey and it will be a minimum of another
10 hours to Latiano. He is not interested and also convinced, that it is not obligatory to give water
every 8 hours, only if necessary. We also inform Dr. Santa Chiara, that this transport company is
known for repeatedly violating the law.
17:30 h: The transport is allowed to continue its journey to Latiano. The horses are now already 27 ½
hours on transport. Dr. Santa Chiara says, he will send a complain to the Spanish vets who signed the
accompanying documents without a staging point programmed.
II. CONCLUSIONS
1. Accompanying documents
The accompanying documents were found to contain irregularities. The horses were accompanied by
2 Health Certificates and 2 Route plans which were not corresponding, furthermore the Health
Certificates were invalid.
a.) Unrealistic date and time of departure. According to both Health Certificates the date and
time of departure of the horses was the 31.07.06, at 7:00 h, even though it was planned to
transport the horses in the same vehicle. The distance between the two places of loading was
146 km17.
This might be a systemic problem, since it is possible, the veterinarians at both places
did not know that another consignment would be transported with the same vehicle. It
shows again the importance of an official veterinarian being present during loading
procedures.
b.) Incorrect date and time of departure. The transport actually started according to the drivers
discs on the 02.08.2006, at 14:00 h and not as indicated in the Health Certificate on the
31.07.2006. In the Route plans the printed date and time of departure on the 31.07.06, at 7:00
h was cancelled and replaced with the handwritten date of 02.07.06 (for
INTRA.ES.2006.0016967), time not indicated, and with the handwritten date of the 02.08.06,
17:30 h (for INTRA.ES.2006.0017032).
At the time the animals were loaded, the Health Certificates were not valid anymore since the
were inspected more than 48 hours before.
c.) Incorrect transport company. The transport company Erronkari and means of transport
indicated in the Health Certificate was not used, instead the company MAZAS carried out the
transport. Also the printed information in the Route plans regarding the transport company, the
means of transport and the itinerary were cancelled and replaced with other information.
d.) Incorrect number of animals. The actual number of 29 horses did not correspond with the
number of 9 and 21 horses indicated in the Health Certificates.
17
Acc. to „ADAC Routenplaner“, edition 2005, 2006
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e.) Unrealistic journey time. The estimated journey time of 24 hours and 28 hours as indicated
in the accompanying documents was unrealistic. For a distance of 2.444 km, even when
driving non-stop with the maximum permitted speed of 80 km/h, the journey time would have
been 30 hours at minimum, despite the time for:
- loading another consignment of 9 horses in Carparosso,
- filling water tanks and watering the horses,
- the necessary breaks for the drivers and the dense traffic, during this period of the year.
f.) Obligatory unloading at a Staging point and rest periods not programmed. The Route
plans were not duly drawn up regarding journey times and rest periods. Despite the fact, that
the length of the journey required it after a maximum journey time of 24 hours the obligatory
unloading at a staging point was not programmed.
1.1. RESPONSIBILITY OF THE OFFICIAL VETERINARIANS
The member states shall ensure that a transporter does not transport any animal in a way which is
likely to cause injury or undue suffering to that animal.
1.1.1. Responsibility of the official veterinarians at the place of departure in Spain
The veterinary services at the place of departure in Spain (ES 34014 and ES 35016) did not check
properly on the accompanying documents and should not have authorized this transport since it
contravened existing legislation (please see point 1., lit. a.), b.), c.), d.).)
This is in violation of Council Directive 96/93 EC on the certification of animals and animal
products. The competent Spanish authority did not all necessary steps to ensure the integrity
of certification as required in Art. 4 of Council Directive 96/93 EC.
Both veterinary services did not verify the estimated journey time. Furthermore the obligatory
unloading at a staging point was not planed both route plans not duly drawn up regarding journey
times and rest periods (please see point 1., e.), f.)).
This constitutes a violation of Art. 5, section A, paragraph 2, lit.b and lit. c, d.), i.), ii.) and f.) as
well as a violation of Art. 3, paragraph 1.), aa.) second indent of Council directive 91/EEC as
amended by Council directive 95/29 EC
1.1.2. Responsibility of the official veterinarian at the place of control in Itlay
Since the accompanying documents were found to contain irregularities, the official veterinarian at the
place of control at Bologna should have acted according to Art.8 and Art. 9 of Council Direction
90/425/EEC and informed the competent authority at the place of departure in Spain without delay.
1.1.3. Responsibility of the official veterinarian at the place of destination in Italy
Provided that the Spanish veterinarian Services which issued the certificates accompanying the
horses, had communicated the data according to Art.4, paragraph 2.) of Council Directive
90/425/EEC to the official veterinarians at the place of destination, irregularities on the schedule
should have been noticed and information given to the veterinarians at the place of departure in Spain.
1.2. RESPONSIBILITY OF THE TRANSPORTER
The transporter has not duly drawn up the Route plan regarding journey times and rest periods. The
obligatory unloading at a staging point was not planned.
This constitutes a violation of Art. 5, section A, paragraph 2, lit.b and lit.d, first indent of
Council directive 91/628/EEC as amended by Council directive 95/29 EC, as well as a violation
of Art. 3. paragraph 1, lit. aa), second indent of Council directive 91/EEC as amended by
Council directive 95/29 EC in connection with Chapter VII, point 4, lit. c and point 5 of the
annex.
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The transporter used a Health Certificate which was invalid, since different transport company and a
different vehicle was indicated and an incorrect date of departure. Furthermore the horses were
inspected more than 48 hours before the loading.
This constitutes a violation of Art.4., paragraph 1. of Council directive 90/426/EEC on animal
health conditions governing the movement and import from third countries of equidae.
2. Transport conditions and welfare of the animals
The transport conditions were not in compliance with the relevant legislation and the welfare of the
animals during transport was ignored by the transporter.
The official veterinarian at the place of control in Italy did not take any action to solve the obvious
problem and to safeguard the welfare of the horses.
2.1. RESPONSIBILITY OF THE TRANSPORTER
The transporter caused undue suffering to the horses because he
- exceeded the permitted loading density
- exceeded the permitted maximum journey time
- did not give water to the horses every 8 hours
At the time of the control all horses were visibly stressed and exhausted.
This represents a violation of Art. 5, paragraph 1, lit. b of Council Directive 91/628 EEC as
amended by Council Directive 95/29 EC.
2.1.1 Exceeded loading density
Given the surface area of 32 m² (measured), each of the 29 horses only had 1,1 m². The minimum
space requirements for young horses, as indicated in the tables of Chapter VI, section A, is 1,2 m².
Furthermore it is written under the table of minimum space requirements, that during long journeys,
foals and young horses must be able to lie down and that these space allowances may vary (increase)
by a maximum of 20 % for young horses and foals, depending on the meteorological conditions and
the journey time.
According to the CMR weighbill, the horses had an average weight of 430 kg (12.490 kg / 29 horses).
This constitutes a violation of Art.3, paragraph 1, lit. aa, first indent of Council Directive 91/628
EEC as amended by Council directive 95/29 EC in connection with Chapter I, section A, point 2,
lit.a and Chapter VI, point 47., section A of the Annex.
2.1.2. Exceeded maximum journey time
The transporter did not unload the horses after a journey of 24 hours at an authorized staging point for
the required rest period of at least 24 hours.
At 14:10 h, when the transport was stopped at Bologna by police, the horses were already transported
for 24 hours. From Bologna to the destination in Latiano it was still a distance of 798 km18 and even
with driving non-stop at a speed of 80 km/h another minimum of 10 hours of transportation.
This constitutes a violation of Art.3, paragraph 1, lit. aa, second indent of Council directive
91/EEC as amended by Council directive 95/29 EC in connection with Chapter VII, point 4, lit. c
and point 5 of the annex.
18
Acc. to „ADAC Routenplaner“, edition 2005, 2006
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2.1.3. Watering intervals not respected
The vehicle was not equipped with an adequate water system, neither with water buckets. Accordingly
the horses did not receive water every 8 hours. Consistent with the drivers disc, only once the journey
was interrupted for a break.
This represents a violation of Art. 5, paragraph 1, lit. b of Council Directive 91/628 EEC as
amended by Council Directive 95/29 EC in connection with Chapter I., A. General provisions,
paragraph 2.), lit. d.) and Chapter VII, 48.Watering and feeding intervals, paragraph 4., lit. b.) of
the Annex.
2.1.4. Foal not seperated
One foal (please see photo) was loaded within a group of horses of different age and size/weight.
This represents a violation of Art. 5, paragraph 1, lit. b of Council Directive 91/628 EEC as
amended by Council Directive 95/29 EC in connection with Chapter I., A. General provisions,
paragraph 3.), lit. a.) of the Annex.
2.2. RESPONSIBILITY OF THE OFFICIAL VETERINARIAN
AT THE PLACE OF CONTROL IN ITLAY
The poor condition of the horses and the exceeding of the maximum journey time at the time of the
control, required the unloading of the animals as soon as possible (please see point 2.1./ 2.2./ 2.3.).
This constitutes a violation of Art. 3, paragraph 1.), a.) and aa.) and Art.9., paragraph 1.), b.) of
Council directive 91/EEC as amended by Council directive 95/29 EC
The staging point in Piacenza was only 150 km away and still the veterinarian decided, to let the
transport continue to the place of destination in Latiano. The distance between Bologna and Latiano is
798 km and takes a minimum of 10 hours not considering the dense traffic at that day. Thus undue
suffering was caused to the animals.
This represents a violation of Art. 5, paragraph 1, lit. b of Council Directive 91/628 EEC as
amended by Council Directive 95/29 EC.
III. Animal welfare concerns
As a consequence of the transport conditions, the length of the journey and the high temperature all
the horses were very exhausted. 2 of them, Pedro and Marina, lied down repeatedly and had
difficulties to get on their feet again (please see photos in the Annex).
Animals Angels veterinarian Tea Dronjic was convinced, measures should have been taken
immediately to safeguard the welfare of these horses and could not comprehend at all the decision of
the official veterinarian.
Sign. Iris Baumgärtner
ANNEX:
- Photos (1 page)
- First page of the Health Certificates (2 pages)
- Footage (on request)
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Horses from Spain to Italy, 03.08.2006
Photos: Horses visibly exhausted
Foal not separated from bigger horses
Excessively exhausted horse
Horses trying to avoid stepping on lying horse
Horse lying down between the legs of other horses
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Horses from Spain to Italy, 03.08.2006
Photos of the Health Certificates:
INTRA.ES.2006.0017032
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Horses from Spain to Italy, 03.08.2006
INTRA.ES.2006.0016967
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© Copyright Animals’ Angels e.V.
Transport route:
FRANCE - ITALY
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Horses from France to Italy, 26.-28.07.2006
TRANSPORT OF HORSES FROM FRANCE TO ITALY
Transport company: MAITXENE Sl Transportes (Spain)
26.-28.07.2006
Animals’ Angels team: Christine Hafner, Tatjana Weißmüller
Date and time of first observation of truck:
Place of first observation of truck:
Outside temperature at this place:
Distance from place of departure
to place of destination:
19
27.07.2006, 15:30 o’clock
Italy, highway A 14 east of Bologna, direction Ancona
(shortly before exit Imola).
35°C
2.226 km19
Acc. to ADAC RoutenPlaner, edition 2005/2006
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Horses from France to Italy, 26.-28.07.2006
I. FACTS FOUND and INFORMATION RECEIVED
1. Details on transport company / lorry / driver(s)
Name of transport company:
Maitxene Sl Transportes
Address (acc. to health certif.)
Senorio de Lozen N°2 Navarra, 46823 Navarrés, Spain
Authorisation no.
(acc. to health certificate):
INITFR58FR297
Name of driver:
Lambertus Faal
License plates:
Spanish license plate: 4744 BZH / R 5383 BBL
Description of the truck:
white Scania cab with inscription “Maitxene” on the front, silver
articulated trailer, type Pezzaioli, brown tailgate, inscription on
tailgate: “Maitxene Transporte de Ganado, Tel: 0034-609-400
403, Fax: 0034-948- 305 254,
Email: [email protected]”.
Surface of truck:
1st deck: 32m² (acc. to sticker on truck)
2. Information on transport given by the driver:
Number of animals:
on the accompanying documents 31 horses are indicated, but he
loaded 2 horses less, because 31 horses simply did not fit into the
truck. His boss, Mr. Maitxene, was present during loading.
Planned unloading during
transport:
none
Others:
- veterinarian at place of loading in France was not present during
loading
- in his opinion the reason why one horse died and the others were in
alarming condition was the overloading and the high temperatures
3. Information on transport taken from the documents:
3.1 Route plan
Transport company:
Number of animals:
Place of departure:
Time of departure:
Place of destination:
Estimated time of journey:
Planned unloading / stops:
Itinerary:
Stops for watering:
Veterinary service,
which stamped the route plan:
Maitxene Sl; Camino de Lozen, 1 ??? Navarra,
Tel: 0034 - 629 501598
31
Irissarry (France)
26.07.06, 23:00 o’clock
Taurisano (Italy)
not indicated
not indicated
Ventimiglia – Pescara – Taurisano
Gas station at Nimes (France) on 27.07.06 at 04:00 o’clock for
1 hour and gas station at Piacenza (Italy) on 27.07.06 at 13
o’clock for 1 hour
“Docteurs
Poeydebat J-P. - Biscaichipy J-P
Garcia ……. …… (the rest of this line is not legible)
Vétérinaires-Sanitaires
64220 SAINT JEAN PIED DE PORT
Tél: 05 59 37 28 72 Fax: 05 59 37 30 76”
3.2 Health certificate no. INTRA.FR.2006.0056124
Transport company:
Number of animals:
Place of loading:
Time of departure:
Maitxene Sl Transportes; Senorio de Lozen N°2 Navarra,
46823 Navarrés, Spain; authorisation no. INITFR58FR297
31
64780 Irissarry (France)
26.07.06, 12:00 o’clock
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Place of destination:
Estimated time of journey:
Sender:
Buyer:
Competent local authority
at place of departure:
No. of local reference:
Certificate for horses for:
Stamp on health certificate:
Signature of veterinarian
on health certificate:
Martinese Antonio Srl., 73056 Taurisano (Italy);
authorisation no: 084LE011
20 hours
Ithurbide Martial, 64780 Irissarry, France
Martinese Antonio Srl., 73056 Taurisano (Italy)
FR16400 Pyrenees-Atlantiques (Bayonne)
640676/A
the options “fattening” and “others” are marked
Ministere de l’Agriculture, Services Veterinaires 64
Dr. Jean Paul Torio
4. Description of loading situation and condition of the animals:
Species:
Number of horses:
Age:
Identification:
Levels:
Impression of loading density:
Loading density according to
taken measurements:
Watering devices:
Bedding:
Partitions:
Ventilation:
Temperature inside the truck:
Dead animals:
Hurt animals:
Sick animals:
horses (of a heavy breed/mixed with a heavy breed)
29 (please note that on the documents 31 horses are
indicated)
young horses, presumably all under two years
passports
1
exceeded. There is not enough room for the horses to lie
down and for horses that fell or laid down it is impossible
or difficult to stand back up due to the limited space.
exceeded; 1,1 m² per horse (surface of 32m² / 29 horses)
automatic water system, additionally truck is equipped with 2
mobile buckets
sufficient straw
one partition placed in main body of truck; the partition is
permanently fixed to the roof of the first level (=floor of
the second level); the truck is double deck (constructed
for cattle), therefore the second level is raised more than
normal to give the horses more head space;
consequently also the partition is raised, which creates a
huge gap between bottom of partition and floor of truck,
in which animals can and did in fact remain stuck;
gooseneck is separated by a wall from main body of truck
existing
at 20:12 o’clock the temperature inside the truck was 31,6°C
(ventilation turned on)
1 male horse
numerous horses with minor external injuries, like cuts
and skin lesions; we observed that several horses were
trampled on by the others, therefore it can be presumed
that several horses had at least haematomas.
all horses are visibly very exhausted, several are
sweating, during time of observations several horses
repeatedly collapse, several breath very fast and shallow.
5. Happenings/Further observations
Thursday, 27 July 2006
15:30
We observe the truck on highway A 14 east of Bologna (Italy), direction Ancona.
18:45
(33° Celsius outside temperature)
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Truck stops on highway A 14 under a highway bridge at km 233 (11 km before Loreto).
Horses appear to be very exhausted: several are sweating, their heads hang down. There is one
dead male horse in the last compartment. 3 other horses had fallen on him. Driver tries to get
them up with a broom-handle – without success. The only result is that the broom-handle breaks. He
then uses an electric prod on the horses and manages to make them stand up.
This
horse
is lying
ON
TOP of
the
dead
one.
Dead
horse.
Dead horse “Davide”
“Confusion” of horses” one is lying on top of the dead one
Driver states he found the dead horse already around Modena several hours ago. Furthermore the
driver claims that he then called his boss and was told to continue to destination as it would be too
problematic to find a place to unload the dead horse.
19:00
19:06
Truck continues transport.
Truck stops at gas station “Conero Ovest”.
We call police.
19:15 Driver fills up water tank and turns on the automatic water system. Additionally he waters the
horses with two mobile buckets. The horses fight for the water, chaos breaks loose. A mare (Loretta)
breaks down during this confusion and is unable to get up, as each time she tries to she hits her
forehead on the divider. The driver repeatedly tries to get her up. He tries to push her backwards
(away from the divider) by using an electric prod. She tries to stand up, but each time she hits her
head on the divider, she falls down again. She somehow moves further under the divider – first there
was only her head and her front legs under it, later the whole body. Her head is mostly lying on the
floor and there is the risk that she is trampled by other horses as their stand directly next to her head
and legs. Respiratory frequency of the mare Loretta at 20:00: 19 breaths within10 seconds20. The
mare is visibly sweating and exhausted.
Mare Loretta under the divider unable to stand up
20
This is certainly an abnormal respiratory frequency. The normal frequency (during rest) for a horse is 10-14
breaths per minute.
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Approx. 19:45 Police arrives (Polizia Autostradale Porto San Giorgio). Police contacts the official
veterinarian because of the dead horse, the mare (Loretta) unable to stand up and because of the
alarming condition of all other horses.
19:50 – 20:10 A second horse breaks down at 19:50, head on floor, sweating, fast and shallow
breathing, but gets back up on his/her own at 20:10. Abnormally high respiratory frequency of
this horse at 20:02: 9 breaths within 10 seconds.
Left side: Loretta
Right side: second horse that broke down
20:12
Left side: Loretta
Right side: second horse that broke down
Temperature inside the truck: 31,6°C (ventilation turned on)
20:22 The mare Loretta is still lying down. Abnormally high respiratory frequency: 22 breaths within
10 seconds.
Approx. 20:45 The official veterinarian of vet office A.S.L. Ancona arrives.
The veterinarian tries to find a possibility to unload the horses – all of them or at least the dead onebut she does not succeed:
- there is no authorized staging point in the area (the next staging points are in Perugia and
Bari, but both are several hours away)
- no possibility to unload at a slaughterhouse
- no private stable can be found (owners are either not reachable or are not willing to have the
horses unloaded at their facilities)
- the local rendering company could take the dead horse, but only the next morning
The boss of the transport company Maitxene also does not know any facilities in the vicinity to unload
the horses.
Also police tries to find an unloading place, but does not succeed.
The veterinarian takes the following decision:
As no unloading place is available in the vicinity the horses must continue transport to
destination Taurisano. (The distance from place of control to destination is 650 km.)
21:15 Driver manages to make Loretta (the mare that is stuck under the divider) stand up (she had
been lying down for two hours) by using the electric prod (at least 10 times): he first moves the
standing horses away from Loretta, then he use the electric prod several times on her neck in order to
make her move backwards under the divider. When he notices that this doesn’t work, he uses the
electric prod on her back to make her move forward. This finally works, she gets away from the divider
and is able to stand up.
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22:00
prod.
One horse falls over the dead one. Driver manages to make it stand up with electric
23:00 Truck leaves gas station and is accompanied by police to their headquarters at highway exit
Porto San Giorgio.
By now the horses have been on board the truck for 24 hours (on the basis of the time of
departure indicated on the route plan).
23:35 Truck arrives at police headquarters at Porto San Giorgio. Police issues a fine for overloading
(3.098 Euro).
Friday, 28 July 2006
00:40 (29° Celsius)
Truck continues journey to destination (via Pescara, Foggia, Bari, Brindisi).
03:00 (26° Celsius)
Truck stops at emergency stop place next to highway.
Two horses had fallen over the dead one again. Driver gets them up by using the electric prod. In
the meantime the body of the dead horse had distended considerably. The dead horse is lying on
his side. The rigor mortis had begun. Therefore one hind and one front leg are placed in a 90°angle
to the body of the horse, parallel to the floor in a height of approx. 60 cm. This represents a high risk
for the other horses as they can (and did) fall over the legs and the body of the dead horse. The smell
of the dead horse is already very strong.
Dead horse Davide – rigor mortis
03:45
Risk for other horses
Truck stops under a highway bridge near San Severo. Driver goes to sleep.
04:10 We check on the horses. There are 4 horses (one of which is again the mare Loretta)
down in the main body of the truck: 1 lies under the divider with his/her head upright; the other 3
have their head placed on the ground. The other standing horses constantly step on them.
Additionally one horse is down in the swan-neck with his head on the floor. The horses which are
down are all breathing heavily. The hardly show any reaction when the others step on them or come
very close with their legs to their heads.
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Horse under divider.
Mare Loretta is again lying down – between the legs
of another horse
Another horse lying down.
Head of lying horse between legs of another one.
04:40
One of the horses that were down manages to stand up on her/his own.
We wake the driver up. He moves the horses that are standing above the lying ones away with an
electric prod and manages to make the lying horses stand up.
05:10
Truck continues.
Truck exits the highway at Bari Nord and goes direction Brindisi (after Brindisi it goes to Lecce and
passes Maglie).
We need to stop at a gas station.
07:24 When trying to catch up with the truck, we find it parked next to the road, but cannot stop near
it. We see the driver putting the electric prod inside the truck.
09:42 (32° Celsius)
weight.
Truck arrives at slaughterhouse F.lli Scarlino at Taurisano. The truck is
Two horses are lying down. One holds his head up the other one (again the mare Loretta) lies with
her head on the floor. Driver makes one horse stand up with the electric prod. He does not manage to
make the other one stand up. There is a very bad smell because of the dead horse.
The slaughterhouse veterinarian has a look at the horses (while they are on board the truck). He
decides that first the live horses need to be unloaded at place of destination (a stable in the vicinity)
and afterwards the truck needs to return and leave the dead horse at the slaughterhouse to be picked
up and destroyed.
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Horses from France to Italy, 26.-28.07.2006
During transport the standing horses repeatedly step on the lying horses.
10:15
Truck leaves slaughterhouse.
6. Arrival at destination
Date and time of arrival at destination:
Time of completed unloading:
Time from departure at place of police
control at Porto San Giorgio until
completed unloading:
Outside temperature:
Place of unloading:
Vet present:
Observations during unloading:
28.07.06, 10:20
10:30
10 hours
33°C
Martinese Antonio Srl., Contrada Santi Lasi, 73056
Taurisano (Italy)
no
Some minor injuries are visible, but all horses are able
to walk out of the truck. To do so they need to walk
over the dead horse.
11:08
Truck leaves the stable and goes back to the slaughterhouse Scarlino.
11:35
Unloading of the dead horse at the slaughterhouse.
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Horses from France to Italy, 26.-28.07.2006
II. CONCLUSIONS
A. Responsibility of the official veterinarian at place of departure in France
Deficient veterinary checks at place of departure in France
The veterinary service at the place of departure in France (FR16400 Pyrenees-Atlantiques
(Bayonne)) should not have authorized this transport by signing the accompanying documents
since the transport contravened existing legislation.
1
Regarding accompanying documents
Unrealistic estimated journey time – unloading at staging point not programmed
The veterinary service in France issued a health certificate, which indicated a non realistic
journey time.
The veterinary service in France stamped a route plan, which did not indicate the obligatory
unloading at a staging point during transport and which was lacking an indication of the
estimated journey time. (please see point B.3 for details)
This constitutes a violation of Art. 5, section A, paragraph 2, lit. b. and c of Council
Directive 91/628 ECC as amended by Council Directive 95/29 EC.
Furthermore it represents a violation of Council Directive 96/93EC on the certification of
animals and animal products. The competent French authority did not take the
necessary steps to ensure the integrity of certification as required in Art. 4 of Council
Directive 96/93EC.
2
Regarding exceeded loading density and inadequate construction of truck
It must be presumed that the veterinary service in France was either not present during
loading operations or did not pay the necessary attention to loading density and the
construction of the truck. 29 horses were loaded and the loading density was clearly
exceeded; the veterinarian, however, had authorized the loading of even more horses (31
horses). (please see points B.2, 5 and 6 for details)
B. Responsibility of the transporter
1
Undue suffering caused
The transporter caused undue suffering to the horses because he
- exceeded the permitted loading density
- used a vehicle equipped with dividers, which presented a risk for the animals’ health
- did not remove the dead horse from the truck as soon as possible (which resulted in the
other horses falling over the dead one during transport)
- exceeded the permitted maximum journey time
One horse died during transport, several horses repeatedly collapsed during transport, all
horses were visibly and excessively stressed and exhausted.
This constitutes a violation of Art. 5, paragraph 1, lit. b of Council Directive 91/628 EEC
as amended by Council Directive 95/29 EC.
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2
Exceeded loading density
The truck was clearly overloaded. There was not enough room for the horses to lie down and
horses that had collapsed did not have space to stand back up and were trampled by others.
Acc. to the minimum space requirements as indicated in the tables of Chapter VI, section A of
Directive 91/628 EEC as amended 26 horses could have been loaded at the most –
consequently the truck was overloaded by 3 horses.
Considering the length of the transport (2.226 km), the high temperatures (35°C during
daytime) and the fact that the horses were of a heavy breed, the space per horse should have
been increased compared to the minimum requirements as stated in the table of Chapter VI,
section A of Directive 91/628 EEC as amended, and not reduced.
This constitutes a violation of Art. 3, paragraph 1, lit. aa, first indent of Council Directive
91/628 EEC as amended by Council Directive 95/29 EC in connection with Chapter I,
section A, point 2, lit. a and Chapter VI, section A of the Annex.
3
Obligatory unloading at a staging point not planned. Route plan not duly drawn up
regarding journey times and rest periods
It was not programmed to unload and rest the horses for at least 24 hours at an authorized
staging point after a maximum of 24 hours of transport.
In the appropriate box of the route plan there was no programmed staging point indicated and
the information about the estimated journey time was lacking completely.
The estimated journey time indicated on the health certificate (20 hours) is entirely unrealistic
for a transport of 2.226 km. When going non-stop at the maximum permitted speed of 80 km/h
the journey time would have been 28 hours. However, in order to calculate the journey time
realistically
3.1. the time for filling in the water tanks and for watering the horses has to be added
3.2. the time for necessary stops for the drivers (social regulations) has to be added
3.3. situations of dense traffic, which occur especially during this period of the year, have to
be taken into consideration.
This constitutes a violation of Art. 5, section A, paragraph 2, lit. b and lit. d, first indent
of Council Directive 91/628 EEC as amended by Council Directive 95/29 EC, as well as a
violation of Art. 3, paragraph 1, lit. aa, second indent of Council Directive 91/628 EEC as
amended by Council Directive 95/29 EC in connection with Chapter VII, point 4, lit. c
and Chapter VII, point 5 of the Annex.
4 Exceeded maximum journey time
The transporter did not unload the horses after a journey time of maximum 24 hours at an
authorized staging point for the required rest period of at least 24 hours.
The horses were transported for 35,5 hours from place of departure to place of destination.
The journey time without the road check by police and veterinarians would have been 31
hours, which is still 7 hours more than allowed.
This constitutes a violation of Art. 3 paragraph 1, lit. aa, second indent of Council
Directive 91/628 EEC as amended by Council Directive 95/29 EC in connection with
Chapter VII, point 4, lit. c and point 5 of the Annex.
Note: It is insignificant that the transporter states that it was impossible to unload the horses
after exactly 24 hours due to the lack of an approved staging point. It was his responsibility to
plan the journey in such a way as not to exceed this maximum journey time, that is he should
have then unloaded the horses, where there was still the possibility, for example at the staging
point near Piacenza (which was on the route), even if the 24 hours of transport time had not
been exceeded at that point.
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5
Inadequate partition installed
Partitions must be constructed in a way, which must not cause any injuries to the animals.
The truck was equipped with a partition, which represented a risk for the animals’ health, as
there was a gap between the bottom of the partitions and the floor of the truck, where animals
can – and did in fact – remain stuck.
This constitutes a violation of Art. 5, section A, paragraph 1, lit. c of Council Directive
91/628 EEC as amended by Council Directive 95/29 EC in connection with Chapter I,
point 2, lit. c of the Annex.
6
Equines loaded on a truck with more than one deck
This represents a violation of Art. 3, paragraph 1, lit. a, first indent of Council Directive
91/628 EEC as amended by Council Directive 95/29 EC in connection with Chapter I,
section A, point 2, lit. h of the Annex.
7
Dead horse not removed as soon as possible
Acc. to his own statement the driver became aware of the dead horse near Modena. It was,
however, not removed immediately, but transported over a distance of 935 km to destination
at Taurisano. The dead horse was transported for more than 19 hours through Italy (at least
14,5 hours transport time + 4,5 hours of police and veterinary road check). This represented a
risk of injury for the other horses as they repeatedly fell over the dead horse. Furthermore it
represents a sanitary risk.
Please note: Near Piacenza, which is 100 km away from Modena, there is an approved
staging point, where the driver could have left the dead horse. It could have been picked up
there to be destroyed.
This constitutes a violation of Art. 3, paragraph 1, lit. a, first indent of Council Directive
91/628 EEC as amended by Council Directive 95/29 EC in connection with the Annex,
chapter I, section A, point 8.
III. FURTHER ANIMAL WELFARE CONCERNS
1
High temperatures
It became obvious that the horses suffered considerably from the high temperatures (the highest
outside temperature during our observation was 35°C). Even when the maximum transport time of
24 hours was not yet exceeded the horses very visibly exhausted, and several collapsed.
Therefore we conclude that horses should not be transported on long distance at such
high temperatures.
2
Lack of emergency unloading places
It became obvious once more that the lack of suitable places for emergency unloading can result
in prolonged animal suffering. Even though the competent veterinarian and the police tried hard to
find an adequate place near Ancona to unload the dead horse and to rest the others, it turned out
to be impossible.
Animals’ Angels asks the Member States to provide such emergency unloading places in
order to enforce animal welfare during transport legislation.
Animals’ Angels asks the European Commission to remind the Member States of their duty
to provide such facilities.
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Horses from France to Italy, 26.-28.07.2006
IV. OTHERS
Clarification regarding calculation of loading density for horses
Art. 3, paragraph 1, lit. aa, first indent of Council Directive 91/628 EEC as amended requires that
“Member States shall ensure that space allowances (loading densities) for animals at least comply
with the figures laid down in Chapter VI of the Annex.”
Chapter VI, section A of the Annex requires a minimum space of 1,2 m² for young horses (6-24
months) for journeys of up to 48 hours. Furthermore, the following sentence is written under the table
of minimum space requirements in Chapter VI, section A of the Annex:
“These figures may vary by a maximum of 10% for adult horses and ponies and by a maximum of
20% for young horses and foals, depending not only on the horses’ weight and size but also on their
physical condition, the meteorological conditions and the likely journey time.”
Animals’ Angels believes that it is self-evident that for a long-distance transport, even more when
temperatures are high etc. the word “vary” can only mean “increase”, which means that the horses
must be granted more space than 1,2m².
Unfortunately several transporters and veterinarians misinterpret the legal provisions and are
of the opinion that it is always justified to reduce space by 10% respectively 20%. Also
regarding the transport mentioned above, the boss of the transport company was of this
opinion as he mentioned to us over the phone.
Animals’ Angels asks the European Commission to clarify this issue with the competent
authorities of the Member States, so that instructions are given accordingly to local
veterinarians and transport companies.
signed
Christine Hafner
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Transport route:
POLAND - ITALY
Departure
Destination
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Horses from Poland to Italy, 27.07.2006
TRANSPORT OF HORSES FROM POLAND TO ITALY
Transport company: Autotrasporti Vitali
27.07.2006
Date & time of first contact with the lorry:
Place of first contact with lorry:
Outside temperature:
Distance between place of departure and destination is:
27.07.2006, 14:00 h
Slovenia, highway A1, near the exit
of Gorizia
39°C
1.380 km21
I. FACTS / INFORMATION RECEIVED
1. Dates of Transport Company / lorry / driver(s)
Name of transport company:
Autotrasporti Vitali di Vitali Rosario & C.
Address:
Calvisano Via Carpenedolo 5, 25012 Calvisano,
Nb. INITIT03018035084
Name of Drivers:
1 Italian driver
License plates:
AZ 794 PH/ BS 31866
Description of the lorry:
white cab, turquoise double trailer
2. Information taken from the Health Certificate:
Number of health certificate:
INTRA.PL.2006.0013544
Local ref.nb:
143005/059/06
Number of animals:
27 horses for slaughter
Exporter/ Sender:
POL-MADI Sp.z.o., Chronowek 23 a, 26681 Oronsko
Importer:
Bottura Import Srl, Gardesana 6, 37010 Pastrengo, Italy
Place of origin:
POL-MADI Sp.z.O.o., Chronowek 23 a, 26681 Oronsko
Place of departure:
26681 Oronsko/ Poland
Date and time of departure:
26.07.06, 17:30 h
Destination:
Macello Olivieri, Via Gardesana 6, 37010 Pastrengo
Estimated time of journey:
24 hours
Route plan:
indicated: yes
Veterinary service which issued the documents: PL 14300 Szydlowiec k. Radomia
Name of vet:
Mariusz Lorenz
3. Description of loading situation and condition of the animals:
Species:
27 horses
Levels:
1 level
Impression of loading density:
ok
Loading situation:
The lorry is loaded with 10 adult horses, all tied in one
direction, 2 compartments with 5 horses each. The trailer is
loaded with 17 young horses in 2 groups, not tethered.
Watering devices:
no
Bedding:
straw bedding
Dividers:
yes, but not adequate for horses
Ventilation:
yes
Injured animals:
no
Dead animals:
no
Impression of the animals:
a stallion is tethered very short next to a female horse,
he is obviously very stressed and nervous
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Acc. to „ADAC Routenplaner“, edition 2005, 2006
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Horses from Poland to Italy, 27.07.2006
4. Further observations/ information:
27.07.2006, at 14:00 h, transport with polish horses passes us at the parking lot “Studenec” on the A1/
Slovenia. We follow. The driver does not stop at one of the staging points in Goizia or Prosecco and
we call the freeway police of Pordenone. At 14:45 they stop the truck at the petrol station “Fratta
Nord”, A4 direction Venezia.
The water tank is still full and the truck is equipped with only 2 plastic water troughs. It is not likely the
driver stopped to give water, even though it is indicated in the Route plan.
A stallion is tied next to a mare, not separated. The dividers are fence-like (divisoria a tubo) and have
a gap of appr. 0,4 m to the floor.
Stallion tied very short next to a mare
According to the police, the final destination of the horses is the slaughterhouse “Oliveri” in Pastrengo
(near Verona), approx. 2 hours away and thus the transport will arrive at its destination within the
allowed journey time of 24 hours.
The police does not take any action and is not willing to give a fine regarding the non separated
stallion.
II. CONCLUSIONS
A. Responsibility of the official veterinarian at the place of departure in Poland
Deficient veterinary check at the place of departure in Poland
It must be presumed that the veterinary service at the place of departure in Szydlowiec/ Poland was
either not present during loading operations or tolerated the loading conditions. The veterinarian
should have ensured, that the stallion is separated from female horses.
The importance of a veterinarian being present at the time of loading is evident.
This represents a violation of Art.3, point 1., lit.a) and of Art. 5, section A, paragraph 1, lit. b of
Council Directive 91/628 EEC as amended by Council Directive 95/29 EC.
B. Responsibility of the transporter
Stallion not separated from females
The stallion should have been separated from the female horses, instead of being tethered in a way
that causes stress and pain.
This represents a violation of Art. 5, section A, paragraph 1, lit. b of Council Directive 91/628
EEC as amended by Council Directive 95/29 EC in connection with Chapter 1, section A, point
3., lit.a) of the Annex.
Sign. Iris Baumgärtner
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Horses from Poland to Italy, 28.07.2006
TRANSPORT OF HORSES FROM POLAND TO ITALY
Transport company: VI POLAND Sp.zo.o.
28.07.2006
Date & time of first contact with the lorry:
Place of first contact with lorry:
Distance between place of departure and destination is:
28.07.2006, 12:00 h
highway A4, Gonars Nord,
near Venezia, Italy
1.380 km22
I. FACTS / INFORMATION RECEIVED
1. Dates of Transport Company / lorry / driver(s)
Name of transport company:
VI Poland Sp.zo.o.
Kraszewskiege 33, 43252 Golasowice/ Poland
Address:
Name of Drivers:
2 drivers
License plates:
SPS 71 HA/ SPS 22 LW
Description of the lorry:
white cab, turquoise double trailer
2. Information taken from the Health Certificate:
Number of health certificate:
INTRA.PL.2006.0013559
Local ref.nb:
143005/059/06
Number of animals:
26 horses for slaughter
Exporter/ Sender:
POL-MADI Sp.z.o., Chronowek 23 a, 26681 Oronsko
Importer:
Bottura Import Srl, Gardesana 6, 37010 Pastrengo, Italy
Place of origin:
POL-MADI Sp.z.O.o., Chronowek 23 a, 26681 Oronsko
Place of departure:
26681 Oronsko/ Poland
Date and time of departure:
27.07.06, 12.00 h
Destination:
Macello Olivieri, Via Gardesana 6, 37010 Pastrengo
Estimated time of journey:
24 hours
Route plan:
indicated: yes
Veterinary service which issued the documents: PL 14300 Szydlowiec k. Radomia
Name of vet:
Mariusz Lorenz
3. Description of loading situation and condition of the animals:
Species:
26 horses
Levels:
1 level
Impression of loading density:
ok
Watering devices:
no
Bedding:
straw bedding
Dividers:
2 compartments with young horses, 2 compartments with
adult horses, adult horses are tethered
Ventilation:
yes
Injured animals:
no
Dead animals:
no
Impression of the animals:
In the first compartment of the lorry a stallion is tethered
next to a mare, his front legs are tied together.
22
Acc. to „ADAC Routenplaner“, edition 2005, 2006
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Horses from Poland to Italy, 28.07.2006
4. Further observations/ information:
At 12:00 h we find the transport in a traffic jam on the highway A4, near Venezia, direction west. We
observe that a stallion is not separated from a mare. His legs are tied together.
Soltan during transport
Mercedes of the importer
We call the police in Venezia. We have to explain very detailled who we are, why we call and what is
the problem and eventually we are not in the area of their authority anymore. We try the police of
Verona, who promises to stop the truck. Half an hour later the truck exits the highway north of Verona.
In a small village, all of a sudden a black Mercedes (lic.pl. BX 234 XG) with two men inside drives
between the truck and our car and hinders us from following. We loose sight of the truck. We notice a
dust cloud on the left, turn left and find the truck parked near in a forest. Also the Mercedes appears
again. We call the police again, but they say, they can not find us since we are unable to give our
exact location.
At 13:30 h, half an hour after the transport stopped, they continue. The truck leaves, we follow but the
Mercedes manages to separate us again from the truck and we finally loose it. We are searching
around in the area and find eventually the truck in the back of the slaughterhouse “Olivieri” in
Pastrengo. Even though the slaughterhouse looks busy, with many cars parked on the parking lot, no
one lets us in or is willing to talk with us.
We call ASL 22 (tel: ASL 22: 0456712111) and they connect us with Dr. Fillipi (Tel: 0457170300,
mobile: 3408718321), the responsible vet of the slaughterhouse “Olivieri”. At appr. 14:30 h Dr. Fillipi
arrives at the slaughterhouse and we are allowed to enter.
The horses are already unloaded into the stables, at the back of the slaughterhouse. Soltan, the cold
blooded stallion, is tethered in a pen with other stallions and geldings. We can see deep cut wounds
on both of his legs, giving evidence of agonizing transport conditions. A black stallion has a deep cut
wound on the nasal bone, apparently caused by a rope or head collar.
Cut wounds from ties
Cut wound from rope or head collar
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Meanwhile the driver of the Mercedes, obviously the importer of the horses, appears at the
slaughterhouse.
We discuss the further procedure with Dr. Fillipi. He says, that he is going to write a letter of complaint
to the polish veterinary service, who authorized the transport.
We require, that the transporter needs to be penalized, since the transport conditions caused injuries
to 2 of the horses.
II. CONCLUSIONS
A. Responsibility of the official veterinarian at the place of departure in Poland
Deficient veterinary check at the place of departure in Poland
It must be presumed that the veterinary service at the place of departure in Szydlowiec/ Poland was
either not present during loading operations or tolerated the loading conditions. The veterinarian
should have ensured, that the stallion is separated from female horses instead of being immobilized
through ties. The importance of a veterinarian being present at the time of loading is evident again.
This represents a violation of Art.3, point 1., lit.a) and of Art. 5, section A, paragraph 1, lit. b of
Council Directive 91/628 EEC as amended by Council Directive 95/29 EC.
B. Responsibility of the transporter
The transport conditions were not in compliance with the relevant legislation and the welfare of the
animals was ignored by the transporter.
1. Undue suffering caused
The transporter caused undue suffering to the horses because he
- tied the front legs of a stallion, which in addition caused injuries on his legs
- tethered another stallion in a way, that caused a deep cut wound on the nasal bone.
It is irrelevant, that stallions are more difficult to transport. If the transporter is not able to prepare
suitable provisions for their care and the safety of the other horses, he can not load and transport
these animals. Under no circumstances an animal should have his/ her legs tied while being
transported. .
This represents a violation of Art. 5, section A, paragraph 1, lit. b of Council Directive 91/628
EEC as amended by Council Directive 95/29 EC in connection with Chapter 1, section A, point
2, lit. b) and f.) of the Annex.
2. Stallion not separated from females
The stallion should have been kept separately from female horses.
This represents a violation of Art. 5, section A, paragraph 1, lit. b of Council Directive 91/628
EEC as amended by Council Directive 95/29 EC in connection with Chapter 1, section A, point
3., lit.a) of the Annex.
III. Animal welfare concerns
Beside the fact, that the ropes caused physical injuries to the 2 stallions, it must be revealed, that it is
an extremely stressful situation for horses being immobilized in this way on a journey of 25 hours.
Sign. Iris Baumgärtner
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Transport route:
ROMANIA - ITALY
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Horses from Romania to Italy 01.08.2006
TRANSPORT OF HORSES FROM ROMANIA TO ITALY
Transport company: Macellari
01.08.2006
Date & time of first contact with the lorry:
Place of first contact with lorry:
Distance between place of departure and destination is:
01.08.2006, 15:30 h
Italy, motorway A 4, near Venecia
1.723 km23 (Arad to Ruvo di Puglia)
I. FACTS / INFORMATION RECEIVED
1. Dates of Transport Company / lorry / driver(s)
Name of transport company:
Macellari
Address:
Italy
Name of Drivers:
2 Hungarian Drivers
License plates:
FLK 084 (Hungary)
Description of the lorry:
white cab, grey one-compartment trailer
3. Information taken from the Route plan:
Transport company:
Number of animals:
Place of departure
Date of departure:
Time of departure:
Place of destination:
Estimated time of journey:
Itinerary:
Planned unloading / stops:
Veterinarian, who issued the documents:
Macellari Transporti S.a.s., Str. Aeroporto S.
Egidio, Petrignano d’Assisi, Perugia (Italy)
23
Mandruloc/ Romania
31.07.2006
16:00 h
Macelli Carni per te srl,
Via dott. Loiodice 76/78,
Ruvo di Puglia, Italy
24 hours
Nadlac (31.07., 17:40 h), Redicz (01.08., 6:237:30 h), Gorizia
no unloading planned
Dr. Rusu Dumutru from Mandruloc (Arad)
4. Description of loading situation and condition of the animals:
Species:
23 horses
Levels:
1 level
Impression of loading density:
ok
Watering devices:
no
Bedding:
straw bedding
Dividers:
horses are loaded in 3 compartments, 2 dividers placed,
inadequate divider for horses,
Ventilation:
yes
Injured animals:
no
Dead animals:
no
Impression of the animals:
All of the horses are visibly exhausted. One white mare –
Anka has a swollen left hind leg in the area of the tarsal junction. Her breathing is not normal. She
uses abdominal mussels to breath. One young brown foal, Ovidiu, who was lying down during
transport, is very exhausted. After he drank some water, he immediately lied down again. He is
apathetic and has very red eyelids.
23
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Horses from Romania to Italy 01.08.2006
5. Further observations/ information:
At 15:30 h we stop the truck at a parking lot on the highway A4, near Venecia, direction west.
23 horses are loaded in 3 compartments, one compartment with adult horses, 2 compartments with
young horses. None of the horses is tied on. The horses look very exhausted and while the truck
stopps, one of the young horses is lying down.
Exhausted horse lying down,
Very dangerous divider for the transport of horses
We explain to the 2 hungarian drivers that they should have unloaded at Gorizia, since the allowed
journey time of 24 hours wll be soon exceeded and they still have 800 km (acc. to ADAC Route
Planer) to drive. They call immediately their boss, who tells us on the phone the horses will be
unloaded at his staging point near Perugia, which is supposed to be around 300 km away. We agree,
since the other option is to send the transport back to the staging point in Gorizia, which is 140 km
away, but there is a huge traffic jam into that direction.
We are following the truck to the staging point. Instead of taking the highway, the drivers choose the
E45, direction Ravenna to the south. The road is very bad and absolutely inadequate for the transport
of animals.
From the area of Bologna the drivers take a windy road through the hills, instead of the freeway to
Perugia. At 19:30, before we are entering the freeway the driver stops to check the horses. One young
chestnut coloured horse, Ovidiu, is lying down, the head between the hooves of another horse, the
eyes wide open.
Ovidiu trying to get on his feet, very red eyelid
Before we can stop him, one of the drivers on the opposite side of the truck is using an electrical
prodder on Ovidiu. The horse jumps on his feet and the drivers continue. At 21:00 h we arrive at the
EU staging point CE 13/PS of the company Macellari. We are absolutely shocked, since the place
looks totally run down.
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There is no electricity and no running water at the stables. According to the drivers this is a
consequence of construction works at the adjacent airport. With an emergency light the horses are
unloaded into the dark stables and only because of the experience of the drivers the stressed horses
enter these dark and very narrow pens.
01.08.06, 21:15 h: Horse stable at the staging point CE 13/PS
02.08.06: Only small horses can lie down in these pens
Adult or big horses can not lie down
The stables consist of single pens, made out of metal bars. The pens are so narrow, that the horses
can not turn around and only small/ young horses are able to lie down and rest.
Some of the bigger horses are desperately trying to stick their heads between the metal bars, in order
to reach the water. Without success. None of the workers or drivers is paying any attention to the fact,
that 4 horses are not able to drink. We have to tell the workers to remove the metal bars in front of
these horses and eventually they were able to drink. All the horses are extremely thirsty.
The horses are offered only straw, which does not have any nutritive effect.
02.08.06: Ovidiu, exhausted and sick, does not eat
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Horses from Romania to Italy 01.08.2006
On the 02.08.2006, at 21:00 h, exactly 24 hours after the horses were unloaded the official vet arrives
to check on the horses. His name is Dr. Bigarini (mobile phone +393402279600) he is from A.S.L.
Assisi/n°2 Bastia Umbria.
Since the owner does not allow us into the stables, we ask Dr. Bigarini about the condition of the
horses. He says, he checked all the horses and also saw the swelling on Ancas´ hind leg. He looked
closely at Ovidiu and according to him, both horses are “not in the best shape”, but fit for traveling. He
also checks the truck and gives his okay for the horses to be loaded.
Since the drivers refuse to show us the Health Certificates, we called the veterinarians in Ruvo di
Puglia and asked for copies of the accompanying documents. We have not received anything yet, but
got the following information on request:
Importer of the horses is the company “La 3 C”, Mr. Dino (Mob.nb. 00393488267581)
The nb. of the export stable in Romania is CCE 06 AR.
II. CONCLUSIONS
A. Responsibility of the official veterinarian at the place of departure in Romania
Deficient veterinary check at the place of departure in Romania
The veterinary service at the place of departure in Mandruloc, Romania should not have authorized
this transport by signing the accompanying documents, since the transport contravened existing
legislation.
The veterinary service at the place of departure in Romania issued a Route plan, which indicated a
non realistic journey time. Given the fact, that the distance between the place of departure and the
place of destination is 1.723 km (acc. to ADAC route planer), the indicated journey time of 24 hours is
not realistic and the unloading at a staging point should have been planned.
This constitutes a violation of Art. 5, section A, paragraph 2, lit.b and lit. c, d.), i.), ii.) and f.) as
well as a violation of Art. 3, paragraph 1.), aa.) second indent of Council directive 91/EEC as
amended by Council directive 95/29 EC
Furthermore it represents a violation of Council Directive 96/93 EC on the certification of
animals and animal products. The competent Romanian authority did not take all the necessary
steps to ensure the integrity of certification as required in Art. 4 of Council Directive 96/93 EC.
B. Responsibility of the transporter
The transport conditions were not in compliance with the relevant legislation and the welfare of the
animals was ignored by the transporter.
1. Undue suffering caused
The transporter caused undue suffering to the horses because he
- exceeded the permitted maximum journey time
- did not give water to the horses every 8 hours
At the time of the control all horses were visibly stressed and exhausted.
This represents a violation of Art. 5, paragraph 1, lit. b of Council Directive 91/628 EEC as
amended by Council Directive 95/29 EC.
2. Obligatory unloading at staging point not planned – Route plan not duly drawn up regarding
journey times and rest periods
The estimated journey time of 24 hours on the Route plan is unrealistic (please see point 3.). The
transporter should have programmed to unload and rest the horses for 24 hours at an authorized
staging point after a maximum journey time of 24 hours.
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This constitutes a violation of Art. 5, section A, paragraph 2, lit.b and lit.d, first indent of
Council directive 91/628/EEC as amended by Council directive 95/29 EC, as well as a violation
of Art. 3. paragraph 1, lit. aa), second indent of Council directive 91/EEC as amended by
Council directive 95/29 EC in connection with Chapter VII, point 4, lit. c and point 5 of the
annex.
3. Exceeded maximum journey time
At the time we stopped the transport near Venice at 15:30 h, the horses were already 23 ½ hours on
transport. From there, they still had 800 km to the destination in Ruvo di Puglia, which was a minimum
of 12 hours with the dense traffic at that time.
However, the transporter, knowing he would exceed the maximum journey time by far and being
aware there are no other staging points on his route, did not unload the horses at the authorized
staging point of Gorizia for the required rest period of 24 hours. Even though he passed Gorizia
approximately 2 hours before we stopped the transport.
This constitutes a violation of Art.3, paragraph 1, lit. aa, second indent of Council directive
91/EEC as amended by Council directive 95/29 EC in connection with Chapter VII, point 4, lit. c
and point 5 of the annex.
4. Watering intervals not respected
The vehicle was not equipped with a water system, neither with water buckets. Accordingly the horses
did not receive water every 8 hours.
This represents a violation of Art. 5, paragraph 1, lit. b of Council Directive 91/628 EEC as
amended by Council Directive 95/29 EC in connection with Chapter I., A. General provisions,
paragraph 2.), lit. d.) and Chapter VII, 48.Watering and feeding intervals, paragraph 4., lit. b.) of
the Annex.
5. Inadequate dividers used
The fence-like dividers placed in the vehicle could cause injuries to the animals since there was a
huge gap between the divider and the floor of the trailer.
This constitutes a violation of Art 5, paragraph 1, lit b Council Directive 91/628 ECC as
amended by Council Directive 95/29.
III. Others
The staging point CE 13/PS is still authorized according to the updated list of EU Staging points, from
21.08.2006.
The competent authority shall suspend the approval until the stables are in compliance with
the provisions of Council Regulation (EC) No 1255/97 concerning community criteria for
staging points.
Sign. Iris Baumgärtner
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Horses from Romania to Italy 02.08.2006
TRANSPORT OF HORSES FROM ROMANIA TO ITALY
Transport company: Macellari
02.08.2006
Please note that Animals’ Angels has received reliable information about the following transport, but
has not physically checked it.
Date and time of first observation:
Place of first observation:
02.08.06, approx. 15.00 o’clock
Italy, Palmanova
Transport company:
License plates:
Macellari (Italy)
Hungarian license plate on the cab: FLK 082
Italian license plate of the articulated trailer: AA 31956
Places of departure:
Place of destination:
Total distance from place of
departure to destination:
Time the transport effectively took
according to AA`s observation:
Arad, Romania
Slaughterhouse Ruvo di Puglia, Italy
1.699 km24
When the transport was checked by Italian police the journey
time amounted to 24 hours. The remaining distance to the
place of destination was still 824 km.
Programmed staging points
(indicated on route plan):
not indicated
Unloading at staging point carried out: Yes, but only after the intervention of the Italian police and
veterinarians.
Injured/ill/dead animals:
One mare in state of extreme exhaustion; badly swollen legs and face; she is slaughtered during
transport.
Taken measures by the Italian authorities:
- at least one fine of 3.098 Euro
- emergency unloading of horses at staging point Gorizia (Italy)
- when the horses are reloaded (after the rest at the staging point) the badly ill mare is kept at
the staging point as she is not fit to continue transport. The mare is later slaughtered at a
nearby slaughterhouse.
VIOLATIONS
1.
2.
3.
4.
5.
24
Deficient veterinary checks at place of departure in Romania
Undue suffering caused
Obligatory unloading at staging point not planned
Exceeded journey times
Deficient accompanying documents
Acc. to “ADAC Routenplaner”, edition 2005/2006 ( Route: Arad (Romania) – Hungary – Slovenia – Ruvo di Puglia (Italy))
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Transport route:
GREECE - ITALY
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Horses from Greece to Italy 20./21.April 2006
TRANSPORT OF HORSES AND DONKEYS FROM GREECE TO
ITALY
20./21.04.2006
Animals´Angels observer:
Date & time of first contact with the lorry:
Place of first contact with lorry:
Distance between place of departure
and destination is:
Annette Winter, Iris Baumgärtner
20.04.2006, 22:00 h
Port of Igoumenitsa/ Greece
Trikala to Igoumenitsa is 180 km
(acc.ADAC Routen Planer), with a lorry min of
4 hours. The ferry from Igoumenitsa to Brindisi
takes 7 hours. Brindisi to Torre Santa
Susanna is 28 km, another hour acc. ADAC
Routen Planer.
I. FACTS / INFORMATION RECEIVED
1. Dates of Transport Company / lorry / driver(s)
Name of transporter:
Guiseppe Venerito
Name of Drivers:
Guiseppe Venerito, name of second driver unknown
License plates:
BL 870 JZ (lorry and trailer)
Description of the lorry:
white cab, red lorry and trailer
2. Information taken from the documents:
2.1. Information taken from the Health Certificate:
Number of health certificate:
No.2/ 20.04.2006
Local competent authority:
Veterinary Service Trikala
Number of animals:
29 equines (23 horses, 5 donkeys, 1 mule) for slaughter
Exporter/ Sender:
Sotirios Fasoulas, Trikala, Greece
Importer:
EUROBEST S.R.L.,
Via 20, S.Vito Dei Normanni, Torre S. Susanna (BR), Italy
Place of origin:
Trikala
Place of departure:
Trikala
Date and time of departure:
not indicated
Destination:
Brindisi, Italy
Veterinary service which issued the documents:
Veterinary Service Trikala/ GR
Name of veterinarian:
S. Ztrivas
2.2. Information on transport taken from the Route plan:
Transport company:
not indicated
Number of animals:
29 equines
Place of departure
Trikala, Greece
Date of departure:
20.04.2006
Time of departure:
14:00 h
Place of destination:
Brindisi, Italy
Estimated time of journey:
not indicated
Itinerary:
Trikala, Igoumenitsa, Brindisi
Planned unloading / stops:
no stops for watering indicated
Veterinary service which issued the documents:
Veterinary Service of Trikala.
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3. Description of loading situation and condition of the animals:
Species:
Levels:
Impression of loading density:
Watering devices:
Bedding:
Partitions:
Ventilation:
Injured animals:
Sick animals:
Dead animals:
Problems observed:
23 horses (2 stallions), 5 donkeys, 1 mule
1 level
ok
one water bucket
ok, straw bedding
no
yes
not seen
dark brown horse blind on right eye, one stallion collapsed,
drivers got him up after 10 min (video evidence)
no
horses not separated from donkeys, equines not separated
according to their seize, 2 stallions not separated from mares,
2 stallions tethered, all other equines not tethered
4. Observations/ information:
20.04.2006
We found the truck in the Port of Igoumenitsa at 22:00 h. At that time one horse was caught with its
hind legs in the rope of a tethered stallion. Thus the stallion had to endure standing in an unnatural
position, with his head almost down on the floor and bend in an 90° angle. The rope was fixed to a
closing gate at the loading ramp and there was no access to that horses from outside. The drivers
could not be found in the Port.
We informed the Port Police of Igoumentisa, who tried to get hold of an official veterinarian, but no one
was available. The police searched for the drivers and at approximately 23:30 h the drivers arrived.
They did not show any motivation to fix the problem with the 2 confined horses and only after police
and we insisted, they separated the trailer from the lorry to be able to open the ramp of the lorry and
untied the stallion. He immediately collapsed and only got up after the drivers screamed, hit and tried
to hoist him up by the tail (no foto, but video evidence). He was tied then on the outside barns of the
truck.
The second stallion tethered in the trailer was very nervous and tried to kick the donkeys several
times. As a result all equines loaded in the trailer were highly stressed.
21.04.2006
At 1:30 h (Greek time) the lorry went on the ferry “Elli T.” to Brindisi, where we arrived at 8:00 h (Italian
time). We asked the Port Police of Brindisi to stop the lorry and informed the official Veterinarians of
the ASL Brindisi, who arrived shortly after being informed by us.
At the time of inspection in Brindisi the horses looked exhausted, but none of them was injured. The
veterinarians wrote a “Sanctione verbale” and a fine will be given according to the violations.
II. CONCLUSIONS
1.1. Deficient veterinary check at the place of departure in Trikala
The veterinary service at the place of departure in Trikala/ GR should not have authorized this
transport, since it contravened existing legislation.
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It must be presumed, that the veterinarian did not pay attention if, suitable provisions have been made
for the animals care and their welfare during the journey.
This constitutes a violation of Art. 3, paragraph 1, lit. (b), of Council directive 91/628/EEC as
amended by Council directive 95/29 EC and is also not in accordance with Directive
90/426/EEC, Art.7, paragraph (1).
1.2. Regarding the Health Certificate
The health certificate is missing a chapter concerning the fitness for transport.
The Health Certificate being used is not in compliance with Council Directive 90/426/EEC
(consolidated text), Annex C, Chapter IV, point 6.
2. Undue suffering caused
Undue suffering was caused to the animals due to inadequate transport conditions (see 3.-5.).
This represents a violation of Art. 5, paragraph 1, lit. b of Council Directive 91/628 EEC as
amended by Council Directive 95/29 EC.
3. Partitions not placed
For journeys exceeding 8 hours the vehicle must be fitted with partitions so that separate
compartments can be created. The vehicle was not fitted with partitions.
This constitutes a violation of Art.5, paragraph 1, lit. c of Council Directive 91/628/EEC as
amended by Council directive 95/29 EC, Annex, Chapter I, point 2, lit. a. and Chapter VII, point
3, fifth indent. The vehicle and the loading conditions also do not comply with the Art.1 of
Council Regulation (EC) No 411/98, Annex 5.
4. Animals tied in a way that can cause injury or strangulation
It should be common sense not to tie single horses together with equines untied, since it must lead to
problems. Here the 2 stallions were tied between non tied horses and donkeys. As a result, one
stallion got caught in the rope and had to stand in an unnatural position for an indefinite time. It must
have caused stress and pain, since the stallion collapsed after the rope has been cut by the drivers.
This constitutes a violation of Art.5, paragraph 1, lit. b.) of Council Directive 91/628/EEC as
amended by Council directive 95/29 EC, in connection with the Annex, Chapter I, point 2, lit. f.
5. No segregation according to species or stallions and females
Horses and donkeys were transported in the same means of transport without any segregation. Also 2
stallions were loaded without separation from mares.
This constitutes a violation of Art.5, paragraph 1, lit. b.) of Council Directive 91/628/EEC as
amended by Council directive 95/29 EC, in connection with the Annex, Chapter I, point 3, lit. (a)
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6. Photo evidence
Horses and donkeys, not separated acc. species or size
Injury, blindness on one eye
One horse tied, others loose, no partitions
Horses and donkeys not segregated
sign. Iris Baumgärtner
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