INVESTIGATION INTO TRANSPORTS OF LIVE ANIMALS FROM ...

INVESTIGATION INTO 

TRANSPORTS OF 

LIVE ANIMALS 

FROM SPAIN TO ITALY 

JANUARY /FEBRUARY 2006

Table of contents 

page 

Pigs from Spain (Aragón) to Italy, 23. – 25.01.06 3 

Horses from Spain (Castilla y León) to Italy, 26.- 28.01.06 9 

Horses from Spain (País Vasco/ Aragón) to Italy, 27.01.06 13 

Horses from Spain (Castilla y Leon) to Italy, 27.01.06 22 

Horses from Spain (Catalonia) to Italy, 27.01.06 27 

Pigs from Spain (Aragón) to Italy, 27.01.06 31 

Pigs from Spain (Catalonia) to Italy, 27.01.06 35 

Pigs from Spain (Aragón) to Italy, 28.- 29.01.06 39 

Horses from Spain (Navarra) to Italy, 26.02.06 45 

Lambs from Spain (Catalonia) to Italy, 27.- 28.02.06 51 

2

Transport of pigs from Spain to Italy, 23. - 25.01.2006 

TRANSPORT OF PIGS FROM SPAIN TO ITALY 

Transport company: INTERTRANS MONTALBAN (Spain) 

23. - 25.01.2006 

Date and time of first observation of truck: 23.01.2006 / 18:04 o’clock 

Place of first observation of truck: Spain, highway A 9, shortly before La Jonquera, truck goes 

north direction of France 

Outside temperature at this place: 9° Celsius 

Journey time so far: 4,5 hours (acc. to time of departure on basis of route plan) 

Distance from place of departure 

to place of destination: 1.277 1 km from Altorricon to port of Piombino – waiting time 

at port of Piombino - approx. 8 hours sea journey - 246 1 km 

from port of Olbia to Guasila 

I. FACTS FOUND and INFORMATION RECEIVED 

1. Dates of Transport Company / lorry / driver(s) 

Name of transport company: Intertrans Montalban S.L. 

Address: Ctra. Nacional 240 km 13, 25100 Almacelles (Lleida), Spain 

Name of Driver 1: Marius Alin Cenan (Romanian nationality) 

Name of Driver 2: Aurel Mornea (Romanian nationality) 

License plates: Spanish license plates: R 5081 BBM / 8341 CJM 

Description of the truck: white SCANIA cab, grey articulated trailer with goose neck, some 

red stripes on truck; type Pezzaioli; inscription on left side of cab 

““Intertrans Montalban, Ctra. N-240 km 113, Tel: 973740157 – 

973741427, Fax: 973741532, 25100 Almacelles (Lleida), España”. 

Inscription on tailgate: “Transporte de Ganado Nacional – 

Internacional, MONTALBAN, Tel.: 973-730157, Fax : 973-741532, 

Almacelles – Lleida – Espana”. 

Surface as written on side of articulated trailer: 1 st floor: 32 m², 2 nd floor: 28,8 m², 3 rd floor 28,3 m² 

2. Information on transport given by the driver 

Number of animals: 200 

Place of loading: Lerida (Spain) 

Place of destination: Sardinia (Italy) 

Planned unloading / stops: none 

Others: Drivers state that they plan to take the ferry for Sardinia at Livorno 

at 12:00 of 24.01.2006 (Note: this turns out to be not correct) 

3. Information on transport taken from the documents 

3.1 Health certificate no.: INTRA.ES.2006.0001505 for pigs “for slaughter” 

Competent local vet office, 

which issued the documents: 1100102 Huesca (Spain) 

Local ref.nb: 22-12-3250 

Name of veterinarian: instead of the name there is written “Huesca” 

Transport company: Intertrans Monalban S.L., Ctra.Nacional 240 km 113, 25100 

Almacelles, Spain; registration no.: TRANSP-L-02 

Number of pigs: 200 

1 

The distances indicated in this report are calculated by using „ADAC RoutenPlaner“, edition 2005/2006 

________________________________________________________________________ 

Place and date of report: Freiburg, 04.03.2006 © Copyright Animals’ Angels e.V. :::::: 

3


Time of departure: 23.01.06 / 12:00 

Place of origin: Lleida Camp S.A., 22540 Altorricon (Huesca), Spain; authorisation 

no.: es 220250000071 

Place of loading: 22540 Altorricon (Spain) 

Consigner : Ganados Serra SAU, Rambla Ferran, 25007 Lleida, Spain 

Estimated time of journey: 23 hours 

Consignee: Valdelsole S.R.L., Località san Raimondo, 09040 Guasila, Italy 

Place of destination: Valdelsole S.R.L., Località san Raimondo, 09040 Guasila, Italy; 

authorisation no.: 0412 

3.2 Route plan: 

Number of accompanying 

health certificate: the number indicated in this field is: 22.12.3250. This is, 

however, not the number of the health certificate, but the 

number “local reference” (field I.2.a. of health certificate). 

Number of pigs: 200 

Time of departure: 23.01.06 / 13:30 

Place of departure: Altorricon (Spain) 

Place of destination: Guasila (Italy) 

Estimated journey time: 23 hours 

Planned staging point: not indicated 

Itinerary: Altorricon – La Jonquera – Montpellier – Nice - Genova – Piombino 

- Guasila 

The route plan is stamped by “Diputacion General de Aragon, Officina Comarcal de Tamarite de 

Litera”. 

4. Description of loading situation and condition of the animals 

Species: pigs 

Ear tags/ tattoos: We check on the pigs loaded on the bottom level: Many pigs do not have ear 

tags at all; several pigs have yellow handwritten ear tags with one or two 

digits, which is no correct identification; very few pigs have small green ear 

tags (as those green ear tags are so small we are not sure, if and what was 

written on them). (As we learn later, the Carabinieri del NAS, who carried out a 

check on arrival at the slaughterhouse found tattoo markings on the pigs). 

Levels: 3 

Impression of loading density: high, pigs are quite crowded 

Loading density according to taken measurements: on the basis of the surface as indicated on the 

articulated trailer itself each pig had a surface of 0,4455 m². 

Watering devices: The truck is equipped with a water system. We check on the water 

system on 23.01.06 at 18:30 and 21:30, but no water flows out from the 

nipples. Only on 24.01.06 at 04:05 o’clock drivers stop at a gas station to 

fill up the water tank. 

Dividers: 1 st deck: dividers placed; 4 compartments plus goose neck. 

5. Further observations/Measures taken during the investigation 

23 January 2006 

18:25 - 19:50 Truck takes exit for La Jonquera (Spain, near French border) and parks at a gas station. 

No water flows out from the water nipples. 

19:50 Truck continues journey on highway A9 – in direction France. 

24 January 2006 

3:30 Truck crosses Italian border 

4:05 Truck stops at a gas station. Drivers fill up the water tank. 

________________________________________________________________________ 


4


Police check No. 1 

Police Unit: Polizia Stradale Imperia 

Date and time: 24.01.06, 04:52 – 05:45 

Place: Italy, highway A 10, gas station “Ceriale Sud”, shortly before Savona 

Journey time till start of police control: nearly 15,5 hours (calculated on basis of the departure time 

indicated on route plan) 

Remaining distance to destination: 344km to port of Piombino + waiting time at port of Piombino - 

approx. 8 hours of sea journey from Piombino to Olbia + 

246km from port of Olbia to Guasila 

Measures taken by police: 

- instructs the drivers to go to one of the two staging points at Perugia to unload and rest the 

pigs for 24 hours, because the journey cannot be completed within the allowed journey time of 

24 hours. 

The water system is now working. 

6:25 We loose the truck due to a traffic jam near Genova (Italy). 

Some hours later we contact both staging points at Perugia and learn that the truck did not 

arrive and the transport company Intertrans Montalban did not call to make a reservation. 

We drive to the port of Piombino as usually animals destined for Sardinia are embarked here and we 

are suspicious that the drivers would ignore the order given to them by Imperia police (which is to go 

to unload the animals at one of the staging points at Perugia), but would go directly to Sardinia. 

16:55 Indeed we find the truck parked at the port of Piombino. 

Police check No. 2 

Police Unit: Polizia Stradale Livorno, distaccamento Venturina 

Date and time: 24.01.2006, 17:10 – approx. 20:00 

Place: port of Piombino (Italy) 

Journey time till start of police control: 27,5 hours (calculated on basis of the departure time indicated 

on route plan) 

Remaining distance/journey time 

to destination: another 5 hours of waiting time in the port of Piombino + 

approx. 8 hours of sea transport from port of Piombino to port of 

Olbia + 246km from port of Olbia to Guasila 

Police states that acc. to the truck’s discs it arrived at the port of Piombino at approx. 12:00 o’clock. 


- fine of 3.098 Euro for having exceeded the permitted journey time (Fine no. 700002026243). 

Fine is issued against the driver Marius Alin Cenan and against the owner of the truck, José 

Luis Montalban. 

- official veterinarian is contacted 

Veterinary check: 

Veterinary service: A.S.L. Piombino 

Decision taken by veterinarian: 

- transport can be continued to destination as veterinarian considers it to be too complicated to 

send the truck to a staging point to unload and rest the animals 

The veterinarian does not check on the identification of the animals. 

Approx. 20:10 Truck enters the ferry “Golfo degli Angeli” of the ferry line “Lloyd Sardegna”. The 

journey time until embarkation is therefore 30,5 hours. 

Acc. to the master of the ship “Golfo degli Angeli” it is approx. sea force 5 and wind force 20 knots. 

________________________________________________________________________ 


5


22:10 

Ferry closes ramp and leaves. Montalban truck is parked on middle deck, directly next to the big 

“openings”. 

Temperature at 22:00: 1° Celsius, extremely cold and strong wind. 

We inform the competent veterinary authorities on Sardinia and the Carabinieri del NAS at Cagliari 

and ask for a control on arrival of the pigs at the slaughterhouse at Guasila. 

Wednesday, 25 January 2006 

We are informed that the competent veterinary service and the Carabinieri del NAS carried out a 

check on arrival. Furthermore we are informed that the competent veterinary office imposed a sanction 

for exceeded maximum journey times. 

6. Arrival at destination 

- Date & time of arrival: 25.01.2006, 09:22 (therefore: total transport time was 44 hours) 

- Place of unloading: Slaughterhouse “Val del Sole” at Guasila (island Sardinia, Italy) 

II. CONCLUSIONS 

1. Deficient veterinary checks at place of departure in Spain 

The veterinary service (1100102 Huesca) 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 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 in Spain issued and signed an incorrect health certificate 

as the indicated estimated journey time was not realistic. 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. 

1.2 Regarding 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.6). 

2. Undue suffering of pigs 

The transporter transported the animals in a way which caused them undue suffering 

- as the permitted maximum journey time of 24 hours was exceeded by 20 hours 

- as the pigs did not have continuous access to water. (During the time of our observation the 

pigs were not fed, either) 

- as the loading density was exceeded, in particular during sea transport; pigs do particularly 

suffer from sea journeys and therefore must be granted more space compared to road 

journeys. 

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. 

________________________________________________________________________ 


6


3. Obligatory unloading at staging point not programmed – route plan not duly drawn up 

regarding journey times and rest periods 

It was not programmed to unload and rest the pigs for at least 24 hours at an authorized staging 

point after a maximum of 24 hours of transport even though the length of the journey required this. 

No programmed staging point was indicated on the route plan. 

The actual duration of the transport (44 hours) proves that the estimated journey time of 23 hours 

as indicated on route plan and health certificate was entirely unrealistic. 

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. b and 

Chapter VII, point 5 of the Annex. 

4. Maximum permitted journey time exceeded 

The pigs were transported for a total of 44 hours. 

The transporter did not unload the pigs after the maximum permitted journey time of 24 hours at 

an approved staging point for the required rest period of at least 24 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 b and point 5 of the Annex. 

Please note: Chapter VII, point 7 of the annex to Council Directive 91/628 EEC as amended 

by Council Directive 95/29 EC is not applicable, as the permitted journey time of 24 hours 

was already exceeded, when the livestock truck embarked the ferry at the port of Piombino. 

Therefore is was legally required that the pigs be unloaded and rested at an authorized 

staging point before embarking the ferry. 

5. No continuous access to water 

For transport of pigs continuous access to water is required, if the journey time exceeds 8 hours. 

This requirement was not respected as the water system of the truck was found not to be in 

working order for at least 9 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. b of the annex, as well as a violation of Art. 1 of Council Regulation (EC) 411/98 in 

connection with number 6.2 of the annex. 

6. Exceeded loading density 

The journey from Spain to Sardinia (Italy) includes a sea transport. The space requirements for 

sea transport of pigs are considerably higher compared to road transport. Legislation does not 

specify the length of the sea transport. Calculated on the basis of an average weight of 100 kg per 

pig and the surface indicated on the articulated trailer itself only 105 pigs (89,1 m² : 0,85 m²) 

should have been loaded during sea transport. Therefore during sea transport the vehicle was 

overloaded by 95 pigs. This calculation is in favour of the transporter, as the average weight of 

the pigs was probably more than 100 kg. 

The loading density for road transport was also exceeded; on the basis of the surface as indicated 

on the articulated trailer itself each pig had a surface of 0,4455 m² at his/her disposal. This is the 

approximate minimum requirement for transports by road. In consideration of the long journey time 

the surface per pig should have been increased – as it is required by legislation. 

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 D of the annex. 

________________________________________________________________________ 


7


III. OTHER ITEMS 

It is a well known fact that fines for violations of animal welfare during transport legislation 

issued in Italy against foreign transport companies are not paid in almost all cases. The fact that 

the transport company was fined with 3.098 Euros is therefore no incentive for the transport company 

to carry out legal transports in the future. 

IV. WITHDRAWEL OF THE TRANSPORTER’S LICENSE 

Animals’ Angels has documented several transports carried out by the Spanish transport company 

Intertrans Montalban, which were in breach of existing legislation. Several lawsuits have been filed 

against the company in Spain and Italy. The most alarming incident was a transport of cattle and 

horses loaded on double deck in November 2004, during which 13 animals died. 

Therefore in July 2005 an Animals’ Angels team talked Dr. Eduardo Torres, the chief veterinary officer 

of Catalonia (Spain), the region where the transport company Intertrans Montalban is registered. 

“Theoretically” he should be in the position to suspend or withdraw the transporter’s license. This 

official stated, however, that there is no legal means to withdraw the license of a Spanish 

transporter due to the fact that Spain did not transpose the relevant parts of the EU directive 

on the protection of animals during transport. He claims to have tried to have the license 

withdrawn, but did not succeed as according to the lawyers of the regional ministry of Catalonia the 

relevant provisions of the European Directive 91/628/EEC are not directly applicable in Spain. 

To our knowledge there is still no national Spanish legislation in force, which allows 

withdrawing or suspending a transporter’s license. 

Animals’ Angels therefore encourages the competent authority in Italy to temporarily prohibit the 

company Intertrans Montalban from transporting animals on Italian territory. This measure is 

provided in Art. 14-bis, paragraph 4 of Decreto Legislativo 532/1992 as amended by Decreto 

Legislativo 388/1998 (implementation of the European Council Directive 91/628/EEC as amended by 

Council Directive 95/29/EC on the protection of animals during transport). 

We consider the fact that the company in the present case ignored the order given by Italian 

police during the first control to be highly alarming. It proves how little the company Intertrans 

Montalban respects instructions imposed by competent authorities. 

Footage taken: yes 

Christine Hafner 

Animals’ Angels 

________________________________________________________________________ 

Place and date of report: Freiburg, 04.03.2006 © Copyright Animals’ Angels e.V. :::::: 8

Transport of horses from Spain to Italy Jan. 2006 

TRANSPORT OF HORSES FROM SPAIN TO ITALY 

Transport company: RAWD srl. (Italy) 

26.01.2006 

Date & time of first contact with the lorry: 26.01.2006 / 17:30 o’clock 

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 km 1 

I. FACTS / INFORMATION RECEIVED 


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 


Veterinary service, 

which issued the documents: Sección Agraria Comarcal de Segovia, Junta Castilla y León 

Name of veterinarian: not legible 

1 Acc. to „ADAC Routenplaner“, edition 2005, 2006 

Place and date of report: Freiburg, 01.03.2006 © Copyright Animals’ Angels e.V. 

9


3.2. Information on transport taken from the Route plan: 

Transport company: Autotrasporti RAWD SRL 


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 

Place of destination: 2335 Martinese Carni SRL, 

Contrada Santi Lasi, 73056 Taurisano 


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 


which issued the documents: Sección Agraria Comarcal de Segovia, Junta de 

Castilla y León. 


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 gap 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 27 th 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 28 th after 47,5 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. 


10


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 2, lit. b. and c of Council Directive 

91/628 ECC as amended by Council Directive 95/29 EC, which requires that the route plan is 

duly drawn up. Furthermore a violation of 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. 

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. – 6. ) 

This constitutes a violation of Art. 5, section A, paragraph 1, lit.b and lit. c, of Council directive 

91/629/EEC as amended by Council directive 95/29 EC 

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 


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. 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. The lorry left Bernuy de Porreros the 26 th at 

9.00 o’clock. The 27 th at 13.00 o’clock the lorry was in a traffic jam near Frejus. At this moment the 

horses had already been on board the lorry for 28 hours. Consequently the maximum journey time 

was already exceeded by 5 hours. The remaining distance to destination was 1,326 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. 

5. 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. 


11

Place and date of report: Freiburg, 01.03.2006 


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. 

6. 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. 

III. Photo of route plan 

Sign. Iris Baumgärtner 

© Copyright Animals’ Angels e.V. 12

Transport of horses from Spain to Italy, 27 th – 28 th January 2006 


Transport company: MAITXENE (Spain) 

27.-28.01.2006 


Place of first observation of truck: 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. 


Journey time so far: 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). 

Remaining distance to destination: 480 1 km 

Distance from places of departure to 

place of destination: 1.638 1 km (from Ayala via Mallén to Correggio) 


1. Details on transport company / lorry / driver(s) 

Name of transport company: Transportes Maitxene 

Address: 31797 Lozen, Navarra, Spain, Tel: +34-948309205, Fax: +34-948305254 

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 



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 

1 

Calculation according to ACAC RoutenPlaner, edition 2005/2006 

___________________________________________________________________________________________ 


13



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 


Horses destined for: the option “others” is marked, consequently not “for 

slaughter” 

Transport company: Transportes Maitxene, registration no.: ES NA 001, 

address: Senrio de Loren Navara, 31790 Arantzs, Spain 

Competent local veterinary office, 

which issued the INTRA certificate: 1139715 Vitoria 

Local reference number 

(box I.2.a of INTRA certificate): es-vi-328 

Sender/ Consigner: Adolfo Otaola, 01013 Ayala, Spain 

Place of origin: Adolfo Otaola, authorisation no.: 010100170003, address: 

Izoria, 01013 Ayala, Spain 

Place of loading: 01013 Ayala (Spain) 

Time of departure: 25.01.06, 18:00 o`clock 

Place of destination: C.A.B. S.r.l., Via Cesis 2, 42015 Correggio, Italy, 

registration number: 11615 

Buyer/ Consignee: C.A.B. S.r.l., Via Cesis 2, 42015 Correggio, Italy 


Route plan: on the health certificate is indicated that there is NO 

route plan 

Age of equines: 15 months 

___________________________________________________________________________________________ 


14


___________________________________________________________________________________________ 




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: 15 

Horses destined for: slaughter 

Transport company: 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 

___________________________________________________________________________________________ 




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 


Date and time of departure: 26.01.06, 12:00 o`clock 

Name of person responsible during transport: Henry Davila Espinosa 


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. 

___________________________________________________________________________________________ 




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. 

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. 


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 



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. 


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 unsuitable partitions 

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 partitions. (please see 

point II.4 and 5). 

___________________________________________________________________________________________ 


19



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. 




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. 


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. 


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. 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. 

___________________________________________________________________________________________ 


20

Horse squeezed between two others 




___________________________________________________________________________________________ 



Transport of horses from Spain to Italy, 27.01.2006 


Transport company: Transportes MAZAS LDA (Portugal) 

27.01.2006 



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. 


Journey time so far: 26h (acc. to drivers this includes 8h of waiting at 

Fréjus) 

Remaining distance to destination: 1.361 1 km 


to place of destination: 2.565 1 km 


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) 


- arrival at Fréjus on 27.01.06 at 05:00 

- no unloading at staging point programmed; do not intend to unload at staging point 


3.1 Health certificate no.: INTRA.ES.2006.0001750 


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 


1 

The distances indicated in this report are calculated by using „ADAC RoutenPlaner“, edition 2005/2006 

________________________________________________________________________ 

Place and date of report: Freiburg, 13.02.2006 © Copyright Animals’ Angels e.V. ........ 

22

programmed 

staging point 

not indicated 


Sender/ Consigner: Lorenzo Berzal de Francisco, 47320 Tudela de Duero, 

Spain 

Buyer/ Consignee: Scobel Sud 2 S.r.l., Strada Provinciale Alezio, 73017 

Sannicola, Italy 

Veterinary service, which 

issued the documents: 1115708 Valladolid (Spain) 

Number of local reference 

(space I.2.a. of INTRA certificate): 4712601061 

Transport company: Transportes Mazas LDA, Portugal (same details as on 

the route plan) 

3.2 Route plan: 

Transport company: Transportes Mazas LDA, registration number: 66372003; 

address: Edificio Illa Dos Amores- Vilanova de Cerveira, 

4920, Portugal. 


Place of departure: there is no place indicated. In this box it is written 

“Lorenzo Berzal de Francisco”, which is the name of 

the consigner 

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; registration number: M2757HEE 


Programmed staging points: not indicated 

Stops (for watering): “Desconocido, Desconocida, 00137, IT, 26.10.06 

23:00” (note: this is pre-printed) 

Number of health certificate: not indicated 

Veterinary service, which 

stamped the document: there is a stamp on the route plan, but it is not legible 

Itinerary: not indicated 

Name of person responsible 

during transport: there is no name written; in the appropriate box there 

is written a passport number 

________________________________________________________________________ 

Place and date of report: Freiburg, 13.02.2006 © Copyright Animals’ Angels e.V. ........ 23



Species: horses, extremely dirty 

Levels: 1 

Loading density: 1,07 m² per horse (on basis of external measurements of truck) � 

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 


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 


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. 


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. 



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. 


The veterinary service in Spain issued and stamped deficient accompanying documents. 


- 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) 

________________________________________________________________________ 


24


- 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 


1.2 Regarding exceeded loading density 


operations or did not pay the necessary attention to the loading density. (please see point 

II.5). 


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 


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. 




amended by Council Directive 95/29 EC in connection with Chapter VII, point 4, lit. c and 



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. 

________________________________________________________________________ 


25


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. 



4, lit c and point 5 of the Annex. 


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 



________________________________________________________________________ 


26



Transport company: MAZAS (Portugal/Spain) 

27.01.2006 



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. 


Journey time so far: 20,5 h (acc. to drivers 10 hours until arrival at Fréjus + 

10,5 h of waiting time at Fréjus) 



to place of destination: 2.140 1 km 



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 



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 


No. of INTRA certificate: INTRA.ES.2006.0001809 


Place of departure: Vilanova de Bellpuig (Spain) 

Time of departure: 26.01.06, 18:00 

Destination: Reggio Calabria (Southern Italy) 

1 


________________________________________________________________________ 


27


Estimated time of journey: 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. 

Programmed staging point: not indicated 


which issued the documents: Generalitat de Catalunya, Dept. de Agricultura, Ramaderia,Pesca 

Route plan existing: yes 


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. 


Intinerary: Spain – France – Italy (road transport) 

27.01.06 


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. 



With regard to the remaining distance to destination (1.434 km) the remaining transport time is approx. 

22 hours. 



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. 






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. 

________________________________________________________________________ 


28


1.2 Regarding unsuitable partition 


operations or did not pay the necessary attention. (please see point II.5). 

2. 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. 





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. 






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. 



4, lit c and point 5 of the Annex. 

________________________________________________________________________ 


29

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. 


Unsuitable partition installed in truck 

________________________________________________________________________ 



Transport of pigs from Spain to Italy, 27.01.2006 

TRANSPORT OF PIGS FROM SPAIN TO ITALY (Sicily) 

Transport company: LE VERDI MADONIE (Italy) 

27.01.2006 

Date and time of first observation of truck: 27.01.2006 / 15:00 

Place of first observation of truck: highway A8, near exit Fréjus, France 

Note: The highway is blocked by French police due to 

a snow storm in Italy. No truck is 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 continue their journey. 


Journey time so far: 21 hours (acc. to drivers this includes 11 hours of 

waiting at Fréjus) 


Distance from place of departure to 

place of destination: 2.386 1 km 


1. Dates of Transport company / lorry / driver(s) 

Name of transport company: Le Verdi Madonie 

Address (note: this address is taken from the internet): C.da San Antonio, 90010 Geraci Siculo (PA), 

Italy 

Name of Driver 1 and 2: unknown 

License plates: Italian license plate: CW 520 NL / AD 35249 

Description of the lorry: green cab with silver one-compartment truck 

2. Information on transport given by the driver: 

Place of loading: near Binefar (Spain) 

Place of destination: near Palermo (Sicily, Italy) 

Estimated time of journey: 35 hours (this refers to normal circumstances, i.e. without delays 

due to a blocked highway as today) 


Others: - the company carries out pig transports from Spain to Sicily on a 

regular basis and never unloaded the animals at a staging point after 

the maximum journey time of 24 hours. Also today they do not plan to 

unload at a staging point. 

- drivers claim to have arrived at Fréjus (France), where trucks were 

blocked by police (due to a snow storm in Italy) on 27.01.2006 at 

04:00 o’clock. 

3. Information on transport taken from the route plan: 

Transport company: Le Verdi Madonie 

Place of departure: Nacha Baells (Spain) 

Place of destination: Collesano (Sicily, Italy) 

1 


________________________________________________________________________ 

Place and date of report: Freiburg, 24.02.2006 © Copyright Animals’ Angels e.V. …… 

31

27.01.06 

16:15 

French police starts to gradually let the blocked trucks continue journey. 


Date and time of departure: 26.01.06, 18:00 

Programmed staging point: not indicated 

Estimated journey time: “menos 24 hours” (less than 24 hours) 

Number of health certificate: in this field it is written “22-12-3266” (note: this is not the number of 

the INTRA certificate, but the number of local reference (field I.2.a of 

INTRA certificate) 

4. Description of loading situation and condition of the animals: 

Species: pigs 

Levels: 3 

Impression of loading density: considering the low temperatures loading density is acceptable 

Watering devices: nipples installed, but no water coming out from the nipples 

Bedding: insufficient, pigs lie directly on metal floor 


16:50 

The observed pig truck of the company Le Verdi Madonie continues journey. 

18:00 

Truck stops for several minutes near Antibes (highway A 8, France). According to the time of 

departure indicated on the route plan (26.01.06, 18:00) the pigs are now for exactly 24 hours on 

board the truck and consequently should be unloaded now for at least 24 hours to 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 1.565 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. 



With regard to the remaining distance to destination (1.565 km) the remaining transport time is approx. 

24 hours. 



The veterinary service (Tamarite de Litera) at place of departure in Spain should not have 

authorized this transport as the transport was not in compliance with relevant legislation. 






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 


Directive 96/93/EC. 

________________________________________________________________________ 


32


1.2 Regarding insufficient bedding material 


operations or did not pay the necessary attention to the requirement to use appropriate 

bedding. (please see point II.6). 


The animals were transported in a way which caused them undue suffering as 

- the permitted journey time was exceeded 

- the pigs did not have continuous access to water 

- the bedding was completely insufficient. 





It was not programmed to unload and rest the pigs for at least 24 hours at an authorized staging 

point after a maximum of 24 hours of transport. The indicated estimated journey time of “less than 

24 hours” is entirely unrealistic for a transport of 2.386 km. At the maximum permitted speed of 80 

km/h the journey time would be nearly 30 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. 35 hours. 

This constitutes a violation of Art. 5, section A, paragraph 2, lit. b and lit. d, (i) first indent of 



amended by Council Directive 95/29 EC in connection with Chapter VII, point 4, lit. b and 

Chapter VII, point 5 of the annex. 

4. Exceeded maximum journey time very likely 

It is required that pigs 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 on 

27.01.06 at 18:00 the pigs had already been on board the truck for 24 hours. The remaining 

distance to destination was 1.565 km. According to the drivers they planned to continue transport 

directly to destination, without unloading the pigs for rest. No programmed staging point was 

indicated on the route plan. Therefore, it is very likely, that the transport was carried out directly to 

destination. Given the remaining distance the remaining journey time was approx. 24 hours. 





For transports of pigs continuous access to water is required, if the journey time exceeds 8 hours. 

This requirement was not respected as during observation no water was coming out from the 

water nipples. 





________________________________________________________________________ 


33

6. Insufficient bedding material 


For transport of animals exceeding 8 hours it is required that there is sufficient bedding on the 

floor of the vehicle. In the present case the pigs were not provided with appropriate bedding 

material to ensure adequate absorption of urine and dung and to guarantee their comfort. The 

quantity of bedding must also depend on the weather conditions; in consideration of the low 

temperatures (5°Celsius at time of first observation) the bedding material would have also been 

needed to keep the pigs warmer. 



3, first indent of the Annex, as well as a violation of Art. 1 of Council Regulation (EC) 411/98 

in connection with number 1 of the Annex. 



________________________________________________________________________ 


34

Transport of pigs from Spain to Italy 27.01.2006 


Transport Company: SIAM Allevamenti srl. (Italy) 

27.01.2006 

Date & time of first contact with the lorry: 27.01.06 / 19:00 h 

Place of first contact with lorry: Spain, gas station at La Jonquera 


and destination is: 1.373 km 1 

Outside temperature: 1°C 



Name of transport company: SIAM ALL S.R.L. 

Address: Via Brugnola 4, Bettona, (Italy) 

Name of Drivers: 2 drivers 

License plates: CC 330 JX/ AD 43486 

Description of the lorry: white cab, grey lorry and trailer 

2. Information from the driver 

The water tank was not filled at the place of departure because of the low temperatures. 


3.1. Information taken from the Intracommunity Certificate: 


Local ref.nb: 07/006 

Local competent authority: 1125309 Lérida, (Catalonia, Spain) 

Number of animals: 180 pigs for slaughter 

Transporter: Siam All.SRL, Nb. of authorisation 2517750549 

Exporter/ Sender: Distributions Banyoles SL, C/Canat, 17820 Banyoles 

(Girona), Spain 

Importer: Siam Allevameti SRL, Via Brugnola, 4- Carreto Basso, 

06084 Bettona, Italy 

Place of origin: Agropecuaria Masbernat S.C.P., 

35440 Juneda,(Catalonia Spain) 

Place of departure: 35440 Juneda,( Catalonia, Spain) 

Date and time of departure: 27.01.2006, 13.00 h 

Destination: SIAM ALL S.R.L., Author.nb: 361 ILI 


Route plan: indicated: No 


which issued the documents: Oficina Comarcal de las Garrigues, Generalitat de 

Catalunya, Department d´Agricultura, Ramadaria i 

Pesca 

Name of vet: not legible 

1 According to „ADAC Routenplaner“, edition 2005/2006 


35


3.2. Information on transport taken from the Route plan: 

The route plan was blank, except for the stamp of the transport company, the “INTRA” 

number, the signature of the veterinarian and the stamp of the veterinary service. The 

driver started to fill out some of the missing information at the time of our observation (*). 

Transporter: Stamp of “SIAM ALL S.R.L.” 

Place of departure Juneda (*) 

Date and time of departure: 27.01.2006, 16.00 h (*) 

Place of destination: Perugia, Italia (*) 

Estimated time of journey: 24 hours (*) 

Route: Juneda, Jonquera, Ventimiglia, Firenze, Perugia (*) 

Planned unloading / stops: nothing indicated 


which issued the documents: Oficina Comarcal de las Garrigues, 

Generalitat de Catalunya, Department d´Agricultura, 

Ramadaria i Pesca 

Name of the vet : see photo 


Species: pigs 

Levels: 3 levels 

Impression of loading density: ok 

Watering devices: yes, but no water 

Bedding: sawdust 

Dividers: yes 


Injured animals: no 

Sick animals: no 

Dead animals: no 

Impression of the animals: ok condition 

5. Further observations/ information 

We took footage of the driver, filling out the blank route plan. 

II. VIOLATIONS 

1. Deficient veterinary check at the place of departure in Spain 

The veterinary service at the place of departure in Spain (1125309 Lérida) 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 the place of departure in Spain (Oficina Comarcal de las Garrigues, 

1125309 Lérida, Catalonia) handed the transport company an - except for the stamp of 

veterinary service, the signature of veterinarian and number of health certificate - blank route 

plan out. 

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 that 

the route plan is duly drawn up. Furthermore a violation of Art.8, lit. d.) of Council 

directive 91/629/EEC as amended by Council directive 95/29 EC 


36


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 


Directive 96/93EC. 

The above mentioned 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 0 hours was indicated. 

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. 

1.2. Regarding inadequate transport conditions. (please see point 2. – 3. ) 

This constitutes a violation of Art. 5, section A, paragraph 1, lit.b and lit. c, of Council 

directive 91/629/EEC as amended by Council directive 95/29 EC 


Undue suffering was caused to the animals due to inadequate transport conditions. 



3. No permanent access to water for the pigs 

For journeys more than 8 hours pigs have to have permanent access to water. On this transport 

no water was available for the pigs. 





III. Photos of the accompanying documents 



Sign. Iris Baumgärtner 




Transport of pigs from Spain to Italy, 28.-29.01.2006 


Transport company: INTERTRANS MONTALBAN (Spain) 

28. - 29.01.2006 


Place of first observation of truck: Spain, gas station at La Jonquera, next to highway A9 

Outside temperature at this place: 0°C 


and place of destination: 1.705 1 km 


1. Dates of Transport company / lorry / driver(s) 

Name of transport company: Intertrans Montalban S.L. (registration no.: TRANSP-L-02) 

Address: Ctra. National km 240 113, 25100 Almacelles (Lleida), Spain 

Name of Driver: Christian Liviu Salagean 

Name of Driver: unknown 

License plates: Spanish; 7258-BYM/ R-3230-BBK 

Description of truck: white cab, grey one compartment truck 


During the police control in Italy the drivers claim, that the pigs were loaded only “in the morning of 

28.01.06”. 


3.1. Information on transport taken from the Intra Community Health Certificate: 

Number of certificate: INTRA.ES.2006.0001749 

Local ref.nb: 22-12-3259 

Local Competent authority: 1100102 Huesca 

Number of animals: 180 pigs for slaughter 

Exporter/ Sender: PICBER SA 

Ricard Vinyes, 8, 25000 Lleida, Spain 

Importer: I.C.S. Industria Carni del Sud SRL, 

Loc.Pascarola Area ASI, 80023 Caivano, Italy 

Place of origin: BLANC S.C. (No. of authorisation: ES220250000021), 

22540 Altorricon 

Place of departure: 22540 Altorricon 

Date and time of departure: 27.01.06, 16:00 o’clock 

Destination: I.C.S. Industria Carni del Sud SRL, 

Loc.Pascarola Area ASI, 80023 Caivano, Italy 



which issued the documents: Diputation General de Aragon, Unita vetrinaria locale: Huesca 

Name of vet: in the field “Name of official veterinarian (in printed letters)” 

there is written “Huesca” instead of a name; the signature 

itself is not legible 

1 The distances indicated in this report are calculated by using „ADAC RoutenPlaner“, edition 2005/2006 

______________________________________________________________________________________ 

Place and date of report: Freiburg, 09.03.2006 © Copyright Animals’ Angels e.V. ……. 

39


3.2. Information on transport taken from the route plan: 

Transporter: Intertrans Montalban S.L. 

Number of animals: 180 pigs 

Place of departure Altorricon (Huesca), (Spain) 

Date and time of departure: 27.01.06, 21:30 o’clock (the date is pre-stamped, the time 

is hand written) 

Place of destination: Caivano, (Italy) 


Route: Altorricon, La Jonquera, Montpellier, Niza, Genova, Firenze, 

Roma, Caivano 

Planned unloading / stops: no unloading planned 


which issued the documents: Diputation General de Aragon, Unita veterinaria locale: 

Huesca 

Others: In the field “observations” of the route plan (field no. 22) it is 

written that due to “exceeded weight” only 170 pigs are loaded 

(note: in the appropriate field “number of animals” on route 

plan and health certificate “180 pigs” are indicated). 

Furthermore it is mentioned in the field “observations” that a 

stop was made do to the snow falls around Barcelona (Spain) 

and that the pigs were watered during this stop. After this it is 

stated that the pigs were loaded on 28.01.06; the departure 

time is not indicated. There is no stamp of the competent 

veterinary office to confirm this departure date, just the 

signature of the driver. 


Species: pigs 

Ear tags/ tattoos: no ear tags, but tattoos 

Levels: 3 

Impression of loading density: ok ! 

Watering devices: existing, but no water in tank 

Bedding: especially on the first level pigs are standing in manure (several 

centimetres high), there is no bedding visible on the first floor; 

on the other decks there is some saw dust (dirty and wet with 

excrements), which is entirely insufficient to absorb the 

excrements. 

Dividers: yes 

Height/ Headspace: ok 

Ventilation: only partly working 

Hurt animals: one pig injured at left hind leg, not able to put weight on it 

5. Further observations/Measures taken during the investigation 

Sat.,28.01.2006 

19:00 observations at La Jonquera (Spain): pigs on the first level are already lying in manure. 

21:00: lorry drives on the highway (A 9), direction France. 

Sun., 29.01.2006 

02:30: Stop at “Air de Cambarette Sud”, A8 (France), drivers sleep 

06:35: drivers continue on the A8 in direction Italy 

09:15: we call the police at Imperia/ Italy to stop and check the truck 

10:15: the lorry is stopped and escorted to the police station of Imperia 

Police check: 

Police Unit: Polizia Stradale Imperia 

Date and time: 29.01.06, from 10:15 on 

Place: Italy, headquarters of Imperia police 

Remaining distance to destination Caivano: 810 km (= at least 10 hour journey time) 

______________________________________________________________________________________ 


40



- instruct the drivers to go to the EU staging point CE 12 PS, “La Posta” in 06060 Bettona (near 

Perugia) to unload and rest the pigs for 24 hours. Police makes a reservation at the staging 

point. 

- instruct the drivers to fill up the water tank. 

- contact the local veterinary service (A.S.L. no. 1 Imperiese); two veterinarians arrive at 11:30 

and check on the animals and the vehicle. 

- issue 6 fines of 3.098 Euros each (amounting to a total of 18.588 Euros) for the following 

violations: 

a) no bedding, floor of first deck covered with faeces/liquid 

b) empty water tank 

c) partly incomplete route plan, as no programmed staging point is indicated 

d) defects of the ventilation system 

e) no unloading after 24 hours of transport to rest the pigs 

f) manure and urine were poured on the street, since truck was not equipped with a 

system to collect the faeces / no equipment to check on animals on upper levels 

During the police/veterinary check the driver opens the first deck and lots of manure, liquid and dirt 

pours on the street. 

Truck leaves police headquarters and goes in direction of the staging point near Perugia. 

19:15: Arrival at the staging point “La Posta”. 

167 pigs are unloaded. This number does not correspond to the route plan, nor to the health 

certificate. 

The majority of pigs is in good health condition. Some are very exhausted and lie down in the thick 

wood chips of the stables immediately. One pig has problems with her left hind leg (the leg is of a dark 

red colour); she is not able to put any weight on it and is therefore separated. 

Mon., 30.01.06, 

11:00: the official vet checks on the pigs and gives permission to load all of them at 19:30 tonight. The 

injured pig is still limping a bit, but has clearly recovered overnight. 


1. Insufficient veterinary checks at place of departure in Spain 

The veterinary service (1100102 Huesca) at place of departure in Spain did not check properly on 

the accompanying documents and on the transport conditions. 


The time of departure indicated on the health certificate (16:00 o’clock, 27.01.2006) differs 

from the one indicated in the appropriate field on the route plan (21:30 o’clock, 27.01.2006). 




Art. 5, section A, paragraph 2, lit. c of Council Directive 91/628 EEC as amended requires that 

the competent authority (in this case the certifying veterinary officer) draws up the health 

certificate only after the route plan has been submitted by the transporter. Provided that this 

was the case, it is not understandable, why the times of departure differed. 

Furthermore the name of the certifying officer is not written – as required - in printed letters on 

the health certificate, which makes is difficult to link the certificate to the certifying officer. 

______________________________________________________________________________________ 


41


1.2 Regarding insufficient bedding 


operations or did not pay the necessary attention to the requirement to use appropriate 

bedding. (please see point II.5). 

2. Undue suffering of pigs 

The transporter transported the animals in a way which caused them undue suffering 

- as the permitted maximum journey time of 24 hours was exceeded 

- as the pigs did not have continuous access to water 

- as a pig with an insured hind leg was transported 

- as insufficient bedding was used to absorb the excrements and to guarantee the animals’ 

welfare; in particular the pigs loaded on the first deck were standing in manure; also with 

regard to the low temperatures (0°Celsius at time of first observation) the animals should have 

been provided with an extra quantity of bedding. 

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. Maximum permitted journey time exceeded 

After a maximum journey time of 24 hours pigs must be rested at an approved staging point for at 

least 24 hours before the transport is continued. 

It was not possible to verify beyond doubt the realistic date and time of departure, as the 

indications on route plan and health certificate differed from each other and both differed from the 

statement made by the drivers. Animals’ Angels therefore considers the date and time of 

departure as mentioned in the appropriate field on the route plan (field no. 8) as the information, 

which has to be relied on. The Italian police and veterinarians during the control in Italy also took 

this date and time as a reference. According to this the pigs were transported for over 36 hours at 

time of police control in Northern Italy and were still 810 km away from destination. 

As well, if the verbal statement of the drivers is taken into consideration, which was that the pigs 

were loaded “in the morning of 28.01.06”, the maximum permitted journey time of 24 hours, was 

already exceeded at time of police control in Northern Italy. 

The transporter did not unload and rest the pigs at an approved staging point after the maximum 

permitted journey time of 24 hours and he did not plan to do so, either. 




Animals’ Angels can confirm that on the 28.01.06 there were strong snow falls in the North-East 

part of Spain. It is therefore possible, as stated by the drivers, that several hours of delay were 

caused during transport due to the bad weather conditions there. The transport company, 

however, should have consequently taken the appropriate steps, which would have been to either 

return to the place of departure or to unload the pigs after the maximum journey time of 24 hours. 

Instead the transport company intended to continue the journey directly to destination. 


For transport of pigs continuous access to water is required, if the journey time exceeds 8 hours. 

This requirement was not respected as the water tank of the truck was found to be empty. 



4, lit. b of the Annex, as well as a violation of Art. 1 of Council Regulation (EC) 411/98 in 

connection with number 6.2 of the Annex. 

______________________________________________________________________________________ 


42

5. Insufficient bedding material 


For transport of animals exceeding 8 hours it is required that there is sufficient bedding on the 

floor of the vehicle. In the present case the pigs were not provided with appropriate bedding 

material to ensure adequate absorption of urine and dung and to guarantee their comfort. The 

quantity of bedding must also depend on the weather conditions; in consideration of the low 

temperatures (0°Celsius at time of first observation) and the snow falls the bedding material would 

have also been needed to keep the pigs warmer and to absorb the water resulting from the melted 

snow, that entered the compartments where animals were loaded. Especially the floor of the first 

deck of the truck was covered with faeces and water. 



3, first indent of the Annex, as well as a violation of Art. 1 of Council Regulation (EC) 411/98 

in connection with number 1 of the Annex. 

6. Truck not equipped with a system to collect excrements – excrements poured on the street 

This constitutes a risk to the spreading of diseases. 

III. OTHER ITEMS 

It is a well known fact that foreign transport companies in almost all cases do not pay the fines 

for violations of animal welfare during transport legislation issued in Italy against them. The 

fact that the transport company was fined with 18.588 Euros is therefore no incentive for the transport 

company to carry out legal transports in the future. Animals’ Angels therefore encourages the 

competent authorities of the Member States concerned as well as the Commission of the 

European Union to take appropriate action to solve this problematic. 


Faeces and water instead of bedding – this photo was Pigs covered in faeces and dirt 

taken after the driver had opened the door and most 

of the faces and water had already poured on the street 

______________________________________________________________________________________ 

Place and date of report: Freiburg, 09.03.2006 © Copyright Animals’ Angels e.V. ……. 43

Iris Baumgärtner 


Water tank was found to be empty 


______________________________________________________________________________________ 

Place and date of report: Freiburg, 09.03.2006 © Copyright Animals’ Angels e.V. ……. 44


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 o’clock 

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 1 



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; 


2.1. 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 


Place of departure: Tajonar (Navarra) 

Itinerary: Tajonar, La Jonquera, Ventimiglia, Firenze; Roma, Napoli; Santa 

Agata li Battiati 


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 

1 

According to „ADAC Routenplaner“, edition 2005/2006 

_______________________________________________________________________ 

Place and date of report: Cadiz, 16th March 2006 © Copyright Animals’ Angels e.V. ….. 

45


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 


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; 


Place and date of taking 

over the goods: Tajonar: 25.02.06 


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. 


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: --- 

_______________________________________________________________________ 


46


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. 

_______________________________________________________________________ 


47

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 Spanish veterinary service did not verify the estimated journey time. (see point 3) 

_______________________________________________________________________ 


48


- Obligatory unloading at a staging point not planned - Route plan not duly drawn up (see 

point 3) 

- 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 


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. 







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. 





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. 

_______________________________________________________________________ 


49



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. 


91/628 EEC as amended by Council Directive 95/29 EC in connection with 

Chapter VII, point 4, lit c. 


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. 



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 


A, point 2, lit. h of the annex. 

9. Insufficient bedding 



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. 

_______________________________________________________________________ 


50

Transport of lambs from Spain to Italy, 27.-28.02.2006 

TRANSPORT OF LAMBS FROM SPAIN TO ITALY 

Transport company: MAES (Belgium) 

27.- 28.02.2006 


Place of first observation of truck: Italy, highway A 10, approx. 70 km south- 

west of Genova 


Journey time so far: 17h 20min. (on basis of departure time 

indicated on route plan) 


to place of first observation: 830 km 1 

Remaining distance to destination: 491 km 1 

Total distance from place of departure 

to place of destination: 1.321 km 1 


1. Details of transport company / lorry / driver(s) 

Name of transport company: MAES Transport NV 

Address: Molenstraat 14 A, 8600 Pervijze, Belgium; authorisation no.: 320- 

03999 

Name of driver. Sinnaeve Betrand 

License plates: UTL 719 (articulated trailer) 

Description of the truck: grey/green articulated trailer (one-compartment truck) with gooseneck, 

silver cab, inscription on tailgate “Internvorhoer, Dirksnuide, Belgium, 

MAES, Tel.: 05155289, Fax: 05155389”. 

Surface of the truck: 132 m² (acc. to indications on the truck itself) 



Place of loading: Barcelona (Spain) 

Place of destination: Slaughterhouse at Foligno (Italy) 


Planned unloading: none 

Others: Driver admits that head space for the lambs on the first deck of the 

main body of the truck is insufficient. 

3. Information on transport taken from route plan and health certificate 


Number of local reference: ES/B/AP/007/2006 

License plate: KRM683 / UTL719 

Number of animals: 800 (300 female and 500 male lambs) 

Place of origin: Ganados Merinero Cabestany Sa, Cal Artigas Can Lleó, 08731 Sant 

Marti Sarroca (Spain), authorisation no.: 709 AE 

Loading place: 08731 Sant Marti Sarroca (Spain) 

Time of departure: 27.02.06 / 14:00 o’clock 

1 

Calculated according to ACAC RoutenPlaner, edition 2005/2006. 

________________________________________________________________________ 


51


Place of destination: Mascioli Carni Srl., Viale delle Croci 1, Annifo di Foligno, 06030 

Annifo (Italy), authorisation no.: IT 972 


Planned unloading 

at staging point: not indicated (as not necessary) 

Sender/ Consigner: Ganados Merinero Cabestany Sa, Cal Artigas Can Lleó, 08731 Sant 

Marti Sarroca 

Buyer/ Consignee: Mascioli Carni Srl., Viale delle Croci 1, Annifo di Foligno 06030 Annifo 

(Italy) 


which issued the documents: ES 23009 Barcelona (Spain); 

Name of vet: Imma Celaya Llover 

Others: On the route plan the number of the health certificate and the 

itinerary are not indicated. 


Species: Lambs 

Ear tags/ tattoos: 2 examples: ES-709:AE; SO-0141015 

Levels: Lambs loaded on 3 decks in goose-neck and on 4 decks in main body 

of truck; lambs in gooseneck are of a smaller size. 

Weight of lambs: Acc. to the papers the total weight of the lambs is 18.500 kg; 

consequently the average weight per lamb is 23,125 kg (18.500 /800) 

Impression of loading density: high, but considering the rather low temperatures and physical 

condition of the lambs loading density is still acceptable 

Loading density according to 

taken measurements: 0,165 m² per lamb (132m² / 800 lambs) 

Watering devices: Water nipples; 2 in each corner of the main body of the truck and at 

least 2 on one side of the main body of the truck; we cannot check the 

gooseneck for water nipples. 

Bedding: Insufficient quantity of saw dust. Saw dust does not cover the floor. 

Headspace: Headspace is insufficient for numerous lambs on the first deck of 

the main body of the truck (see photos). They touch the ceiling 

with their heads. On the first deck of the main body of the truck 

there is one partition not put in place, but fixed on the ceiling 

(see photo no. 2), which further reduces head and back space. 

The lambs placed under this partition even touch it with their 

backs. On the second deck of the main body there are only a few 

lambs for whom the headspace is insufficient. Sufficient ceiling 

height on all decks in the gooseneck. 

Partitions: several partitions are put in place 

Sick animals: several lambs have eye discharge and dried crusts around the eyes; 

general health condition seems to be o.k. 

5. Happenings/Events 

28.02.06 / 07:20 o’clock 

We spot the truck on highway A 10, approx. 70 km south-west of Genova (Italy). It is going towards 

Genova, then switches to highway A12 in direction Livorno, then to highway A11 direction Firenze. 

Police control 

Police Unit: Polizia Stradale di Montecatini 

Date and time: 28.02.06; 10:45 – 12:15 o’clock 

Place: highway A 11, police office at Montecatini, Italy 

Journey time till start of police control: 20h 45 min. 

________________________________________________________________________ 


52

Police calls the official veterinary service. 


Findings of veterinarians and police: 

Head space is insufficient on the first level of the main body of the truck. They give a warning to 

the driver. 

12:15 

Truck continues journey to destination. 


Date and time of arrival: unknown; remaining distance to destination Annifo is 250 km; therefore the 

remaining transportation time is estimated to be 3,5 hours. 


1. Deficient veterinary check at place of departure in Spain 

The veterinary service (ES 23009 Barcelona) at place of departure in Spain did not check properly 

on the accompanying documents and on the transport conditions. 


- The number of the health certificate is not indicated on the route plan 

- The itinerary is not indicated on the route plan 




Furthermore it constitutes a violation of Art. 5, section A, paragraph 2, lit. b and c of 

Council Directive 91/628 EEC as amended, which requires that the route plan is duly 

drawn up and marked with the number of the health certificate. 

1.2 Regarding insufficient head space 

The insufficient head space endangered the welfare of the animals. The veterinary service at 

place of departure should have prevented the transport on 4 decks. 


operations or did not pay the necessary attention. (please see points II.2 and 3). 


During a transport of over 24 hours (included the time of 1,5 hours of the police/veterinary check) 

the lambs were prevented from standing in their natural position and from moving naturally due to 

the insufficient ceiling height. Sufficient air circulation was not guaranteed. Therefore the transport 

caused undue suffering to the animals. 

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. Insufficient head space / Insufficient ceiling height 

Numerous lambs on the fist deck of the main body of the truck touched the ceiling with their 

heads, some even with their backs. 

________________________________________________________________________ 


53




A, point 2, lit. b of the Annex. 

The lambs loaded in the main body of the articulated trailer should not have been 

transported on 4 levels, but only on 3 in order to guarantee enough head space. 


All pictures show the insufficient ceiling height for the lambs on the first deck of the main body of the 

truck. 

Photo 1 

Photo 2 Photo 3 

________________________________________________________________________ 

Place and date of report: Freiburg, 03.03.2006 © Copyright Animals’ Angels e.V. …… 54

Photo 4 Photo 5 

Julia Havenstein 



________________________________________________________________________ 

Place and date of report: Freiburg, 03.03.2006 © Copyright Animals’ Angels e.V. …… 55

INVESTIGATION INTO TRANSPORTS OF LIVE ANIMALS FROM ...

Create successful ePaper yourself

Delete template?

Save as template?