INVESTIGATION INTO TRANSPORTS OF LIVE ANIMALS FROM ...
INVESTIGATION INTO TRANSPORTS OF LIVE ANIMALS FROM ...
INVESTIGATION INTO TRANSPORTS OF LIVE ANIMALS FROM ...
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<strong>INVESTIGATION</strong> <strong>INTO</strong><br />
<strong>TRANSPORTS</strong> <strong>OF</strong><br />
<strong>LIVE</strong> <strong>ANIMALS</strong><br />
<strong>FROM</strong> SPAIN TO ITALY<br />
JANUARY /FEBRUARY 2006
Table of contents<br />
page<br />
Pigs from Spain (Aragón) to Italy, 23. – 25.01.06 3<br />
Horses from Spain (Castilla y León) to Italy, 26.- 28.01.06 9<br />
Horses from Spain (País Vasco/ Aragón) to Italy, 27.01.06 13<br />
Horses from Spain (Castilla y Leon) to Italy, 27.01.06 22<br />
Horses from Spain (Catalonia) to Italy, 27.01.06 27<br />
Pigs from Spain (Aragón) to Italy, 27.01.06 31<br />
Pigs from Spain (Catalonia) to Italy, 27.01.06 35<br />
Pigs from Spain (Aragón) to Italy, 28.- 29.01.06 39<br />
Horses from Spain (Navarra) to Italy, 26.02.06 45<br />
Lambs from Spain (Catalonia) to Italy, 27.- 28.02.06 51<br />
2
Transport of pigs from Spain to Italy, 23. - 25.01.2006<br />
TRANSPORT <strong>OF</strong> PIGS <strong>FROM</strong> SPAIN TO ITALY<br />
Transport company: INTERTRANS MONTALBAN (Spain)<br />
23. - 25.01.2006<br />
Date and time of first observation of truck: 23.01.2006 / 18:04 o’clock<br />
Place of first observation of truck: Spain, highway A 9, shortly before La Jonquera, truck goes<br />
north direction of France<br />
Outside temperature at this place: 9° Celsius<br />
Journey time so far: 4,5 hours (acc. to time of departure on basis of route plan)<br />
Distance from place of departure<br />
to place of destination: 1.277 1 km from Altorricon to port of Piombino – waiting time<br />
at port of Piombino - approx. 8 hours sea journey - 246 1 km<br />
from port of Olbia to Guasila<br />
I. FACTS FOUND and INFORMATION RECEIVED<br />
1. Dates of Transport Company / lorry / driver(s)<br />
Name of transport company: Intertrans Montalban S.L.<br />
Address: Ctra. Nacional 240 km 13, 25100 Almacelles (Lleida), Spain<br />
Name of Driver 1: Marius Alin Cenan (Romanian nationality)<br />
Name of Driver 2: Aurel Mornea (Romanian nationality)<br />
License plates: Spanish license plates: R 5081 BBM / 8341 CJM<br />
Description of the truck: white SCANIA cab, grey articulated trailer with goose neck, some<br />
red stripes on truck; type Pezzaioli; inscription on left side of cab<br />
““Intertrans Montalban, Ctra. N-240 km 113, Tel: 973740157 –<br />
973741427, Fax: 973741532, 25100 Almacelles (Lleida), España”.<br />
Inscription on tailgate: “Transporte de Ganado Nacional –<br />
Internacional, MONTALBAN, Tel.: 973-730157, Fax : 973-741532,<br />
Almacelles – Lleida – Espana”.<br />
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<br />
2. Information on transport given by the driver<br />
Number of animals: 200<br />
Place of loading: Lerida (Spain)<br />
Place of destination: Sardinia (Italy)<br />
Planned unloading / stops: none<br />
Others: Drivers state that they plan to take the ferry for Sardinia at Livorno<br />
at 12:00 of 24.01.2006 (Note: this turns out to be not correct)<br />
3. Information on transport taken from the documents<br />
3.1 Health certificate no.: INTRA.ES.2006.0001505 for pigs “for slaughter”<br />
Competent local vet office,<br />
which issued the documents: 1100102 Huesca (Spain)<br />
Local ref.nb: 22-12-3250<br />
Name of veterinarian: instead of the name there is written “Huesca”<br />
Transport company: Intertrans Monalban S.L., Ctra.Nacional 240 km 113, 25100<br />
Almacelles, Spain; registration no.: TRANSP-L-02<br />
Number of pigs: 200<br />
1<br />
The distances indicated in this report are calculated by using „ADAC RoutenPlaner“, edition 2005/2006<br />
________________________________________________________________________<br />
Place and date of report: Freiburg, 04.03.2006 © Copyright Animals’ Angels e.V. ::::::<br />
3
Transport of pigs from Spain to Italy, 23. - 25.01.2006<br />
Time of departure: 23.01.06 / 12:00<br />
Place of origin: Lleida Camp S.A., 22540 Altorricon (Huesca), Spain; authorisation<br />
no.: es 220250000071<br />
Place of loading: 22540 Altorricon (Spain)<br />
Consigner : Ganados Serra SAU, Rambla Ferran, 25007 Lleida, Spain<br />
Estimated time of journey: 23 hours<br />
Consignee: Valdelsole S.R.L., Località san Raimondo, 09040 Guasila, Italy<br />
Place of destination: Valdelsole S.R.L., Località san Raimondo, 09040 Guasila, Italy;<br />
authorisation no.: 0412<br />
3.2 Route plan:<br />
Number of accompanying<br />
health certificate: the number indicated in this field is: 22.12.3250. This is,<br />
however, not the number of the health certificate, but the<br />
number “local reference” (field I.2.a. of health certificate).<br />
Number of pigs: 200<br />
Time of departure: 23.01.06 / 13:30<br />
Place of departure: Altorricon (Spain)<br />
Place of destination: Guasila (Italy)<br />
Estimated journey time: 23 hours<br />
Planned staging point: not indicated<br />
Itinerary: Altorricon – La Jonquera – Montpellier – Nice - Genova – Piombino<br />
- Guasila<br />
The route plan is stamped by “Diputacion General de Aragon, Officina Comarcal de Tamarite de<br />
Litera”.<br />
4. Description of loading situation and condition of the animals<br />
Species: pigs<br />
Ear tags/ tattoos: We check on the pigs loaded on the bottom level: Many pigs do not have ear<br />
tags at all; several pigs have yellow handwritten ear tags with one or two<br />
digits, which is no correct identification; very few pigs have small green ear<br />
tags (as those green ear tags are so small we are not sure, if and what was<br />
written on them). (As we learn later, the Carabinieri del NAS, who carried out a<br />
check on arrival at the slaughterhouse found tattoo markings on the pigs).<br />
Levels: 3<br />
Impression of loading density: high, pigs are quite crowded<br />
Loading density according to taken measurements: on the basis of the surface as indicated on the<br />
articulated trailer itself each pig had a surface of 0,4455 m².<br />
Watering devices: The truck is equipped with a water system. We check on the water<br />
system on 23.01.06 at 18:30 and 21:30, but no water flows out from the<br />
nipples. Only on 24.01.06 at 04:05 o’clock drivers stop at a gas station to<br />
fill up the water tank.<br />
Dividers: 1 st deck: dividers placed; 4 compartments plus goose neck.<br />
5. Further observations/Measures taken during the investigation<br />
23 January 2006<br />
18:25 - 19:50 Truck takes exit for La Jonquera (Spain, near French border) and parks at a gas station.<br />
No water flows out from the water nipples.<br />
19:50 Truck continues journey on highway A9 – in direction France.<br />
24 January 2006<br />
3:30 Truck crosses Italian border<br />
4:05 Truck stops at a gas station. Drivers fill up the water tank.<br />
________________________________________________________________________<br />
Place and date of report: Freiburg, 04.03.2006 © Copyright Animals’ Angels e.V. ::::::<br />
4
Transport of pigs from Spain to Italy, 23. - 25.01.2006<br />
Police check No. 1<br />
Police Unit: Polizia Stradale Imperia<br />
Date and time: 24.01.06, 04:52 – 05:45<br />
Place: Italy, highway A 10, gas station “Ceriale Sud”, shortly before Savona<br />
Journey time till start of police control: nearly 15,5 hours (calculated on basis of the departure time<br />
indicated on route plan)<br />
Remaining distance to destination: 344km to port of Piombino + waiting time at port of Piombino -<br />
approx. 8 hours of sea journey from Piombino to Olbia +<br />
246km from port of Olbia to Guasila<br />
Measures taken by police:<br />
- instructs the drivers to go to one of the two staging points at Perugia to unload and rest the<br />
pigs for 24 hours, because the journey cannot be completed within the allowed journey time of<br />
24 hours.<br />
The water system is now working.<br />
6:25 We loose the truck due to a traffic jam near Genova (Italy).<br />
Some hours later we contact both staging points at Perugia and learn that the truck did not<br />
arrive and the transport company Intertrans Montalban did not call to make a reservation.<br />
We drive to the port of Piombino as usually animals destined for Sardinia are embarked here and we<br />
are suspicious that the drivers would ignore the order given to them by Imperia police (which is to go<br />
to unload the animals at one of the staging points at Perugia), but would go directly to Sardinia.<br />
16:55 Indeed we find the truck parked at the port of Piombino.<br />
Police check No. 2<br />
Police Unit: Polizia Stradale Livorno, distaccamento Venturina<br />
Date and time: 24.01.2006, 17:10 – approx. 20:00<br />
Place: port of Piombino (Italy)<br />
Journey time till start of police control: 27,5 hours (calculated on basis of the departure time indicated<br />
on route plan)<br />
Remaining distance/journey time<br />
to destination: another 5 hours of waiting time in the port of Piombino +<br />
approx. 8 hours of sea transport from port of Piombino to port of<br />
Olbia + 246km from port of Olbia to Guasila<br />
Police states that acc. to the truck’s discs it arrived at the port of Piombino at approx. 12:00 o’clock.<br />
Measures taken by police:<br />
- fine of 3.098 Euro for having exceeded the permitted journey time (Fine no. 700002026243).<br />
Fine is issued against the driver Marius Alin Cenan and against the owner of the truck, José<br />
Luis Montalban.<br />
- official veterinarian is contacted<br />
Veterinary check:<br />
Veterinary service: A.S.L. Piombino<br />
Decision taken by veterinarian:<br />
- transport can be continued to destination as veterinarian considers it to be too complicated to<br />
send the truck to a staging point to unload and rest the animals<br />
The veterinarian does not check on the identification of the animals.<br />
Approx. 20:10 Truck enters the ferry “Golfo degli Angeli” of the ferry line “Lloyd Sardegna”. The<br />
journey time until embarkation is therefore 30,5 hours.<br />
Acc. to the master of the ship “Golfo degli Angeli” it is approx. sea force 5 and wind force 20 knots.<br />
________________________________________________________________________<br />
Place and date of report: Freiburg, 04.03.2006 © Copyright Animals’ Angels e.V. ::::::<br />
5
Transport of pigs from Spain to Italy, 23. - 25.01.2006<br />
22:10<br />
Ferry closes ramp and leaves. Montalban truck is parked on middle deck, directly next to the big<br />
“openings”.<br />
Temperature at 22:00: 1° Celsius, extremely cold and strong wind.<br />
We inform the competent veterinary authorities on Sardinia and the Carabinieri del NAS at Cagliari<br />
and ask for a control on arrival of the pigs at the slaughterhouse at Guasila.<br />
Wednesday, 25 January 2006<br />
We are informed that the competent veterinary service and the Carabinieri del NAS carried out a<br />
check on arrival. Furthermore we are informed that the competent veterinary office imposed a sanction<br />
for exceeded maximum journey times.<br />
6. Arrival at destination<br />
- Date & time of arrival: 25.01.2006, 09:22 (therefore: total transport time was 44 hours)<br />
- Place of unloading: Slaughterhouse “Val del Sole” at Guasila (island Sardinia, Italy)<br />
II. CONCLUSIONS<br />
1. Deficient veterinary checks at place of departure in Spain<br />
The veterinary service (1100102 Huesca) at place of departure in Spain should not have<br />
authorized this transport by signing the accompanying documents as the transport was not in<br />
compliance with relevant legislation.<br />
1.1 Regarding accompanying documents<br />
The veterinary service in Spain did not verify the estimated journey time (please see point<br />
II.3). By the fact that the veterinary service in Spain stamped a route plan, which indicated a<br />
non realistic estimated journey time and which did consequently not indicate the obligatory<br />
unloading at a staging point during transport, it supported a false statement made by the<br />
transporter. The veterinary service in Spain issued and signed an incorrect health certificate<br />
as the indicated estimated journey time was not realistic. This constitutes a violation of<br />
Council Directive 96/93/EC on the certification of animals and animal products. The<br />
competent Spanish authority did not take all necessary steps to ensure the integrity of<br />
certification as required in Art. 4 of Council Directive 96/93/EC.<br />
1.2 Regarding loading density<br />
It must be presumed that the veterinary service in Spain was either not present during loading<br />
operations or did not pay the necessary attention to the loading density. (please see point<br />
II.6).<br />
2. Undue suffering of pigs<br />
The transporter transported the animals in a way which caused them undue suffering<br />
- as the permitted maximum journey time of 24 hours was exceeded by 20 hours<br />
- as the pigs did not have continuous access to water. (During the time of our observation the<br />
pigs were not fed, either)<br />
- as the loading density was exceeded, in particular during sea transport; pigs do particularly<br />
suffer from sea journeys and therefore must be granted more space compared to road<br />
journeys.<br />
This constitutes a violation of Art. 5, paragraph 1, lit. b of Council Directive 91/628 EEC as<br />
amended by Council Directive 95/29 EC.<br />
________________________________________________________________________<br />
Place and date of report: Freiburg, 04.03.2006 © Copyright Animals’ Angels e.V. ::::::<br />
6
Transport of pigs from Spain to Italy, 23. - 25.01.2006<br />
3. Obligatory unloading at staging point not programmed – route plan not duly drawn up<br />
regarding journey times and rest periods<br />
It was not programmed to unload and rest the pigs for at least 24 hours at an authorized staging<br />
point after a maximum of 24 hours of transport even though the length of the journey required this.<br />
No programmed staging point was indicated on the route plan.<br />
The actual duration of the transport (44 hours) proves that the estimated journey time of 23 hours<br />
as indicated on route plan and health certificate was entirely unrealistic.<br />
This constitutes a violation of Art. 5, section A, paragraph 2, lit. b and lit. d, first indent of<br />
Council Directive 91/628 EEC as amended by Council Directive 95/29 EC, as well as a<br />
violation of Art. 3, paragraph 1, lit. aa, second indent of Council Directive 91/628 EEC as<br />
amended by Council Directive 95/29 EC in connection with Chapter VII, point 4, lit. b and<br />
Chapter VII, point 5 of the Annex.<br />
4. Maximum permitted journey time exceeded<br />
The pigs were transported for a total of 44 hours.<br />
The transporter did not unload the pigs after the maximum permitted journey time of 24 hours at<br />
an approved staging point for the required rest period of at least 24 hours.<br />
This constitutes a violation of Art. 3 paragraph 1, lit. aa, second indent of Council Directive<br />
91/628 EEC as amended by Council Directive 95/29 EC in connection with Chapter VII, point<br />
4, lit b and point 5 of the Annex.<br />
Please note: Chapter VII, point 7 of the annex to Council Directive 91/628 EEC as amended<br />
by Council Directive 95/29 EC is not applicable, as the permitted journey time of 24 hours<br />
was already exceeded, when the livestock truck embarked the ferry at the port of Piombino.<br />
Therefore is was legally required that the pigs be unloaded and rested at an authorized<br />
staging point before embarking the ferry.<br />
5. No continuous access to water<br />
For transport of pigs continuous access to water is required, if the journey time exceeds 8 hours.<br />
This requirement was not respected as the water system of the truck was found not to be in<br />
working order for at least 9 hours.<br />
This constitutes a violation of Art. 3, paragraph 1, lit. aa, second indent of Council Directive<br />
91/628 EEC as amended by Council directive 95/29 EC in connection with Chapter VII, point<br />
4, lit. b of the annex, as well as a violation of Art. 1 of Council Regulation (EC) 411/98 in<br />
connection with number 6.2 of the annex.<br />
6. Exceeded loading density<br />
The journey from Spain to Sardinia (Italy) includes a sea transport. The space requirements for<br />
sea transport of pigs are considerably higher compared to road transport. Legislation does not<br />
specify the length of the sea transport. Calculated on the basis of an average weight of 100 kg per<br />
pig and the surface indicated on the articulated trailer itself only 105 pigs (89,1 m² : 0,85 m²)<br />
should have been loaded during sea transport. Therefore during sea transport the vehicle was<br />
overloaded by 95 pigs. This calculation is in favour of the transporter, as the average weight of<br />
the pigs was probably more than 100 kg.<br />
The loading density for road transport was also exceeded; on the basis of the surface as indicated<br />
on the articulated trailer itself each pig had a surface of 0,4455 m² at his/her disposal. This is the<br />
approximate minimum requirement for transports by road. In consideration of the long journey time<br />
the surface per pig should have been increased – as it is required by legislation.<br />
This constitutes a violation of Art. 3, paragraph 1, lit. aa, first indent of Council Directive<br />
91/628 EEC as amended by Council Directive 95/29 EC in connection with Chapter VI,<br />
section D of the annex.<br />
________________________________________________________________________<br />
Place and date of report: Freiburg, 04.03.2006 © Copyright Animals’ Angels e.V. ::::::<br />
7
Transport of pigs from Spain to Italy, 23. - 25.01.2006<br />
III. OTHER ITEMS<br />
It is a well known fact that fines for violations of animal welfare during transport legislation<br />
issued in Italy against foreign transport companies are not paid in almost all cases. The fact that<br />
the transport company was fined with 3.098 Euros is therefore no incentive for the transport company<br />
to carry out legal transports in the future.<br />
IV. WITHDRAWEL <strong>OF</strong> THE TRANSPORTER’S LICENSE<br />
Animals’ Angels has documented several transports carried out by the Spanish transport company<br />
Intertrans Montalban, which were in breach of existing legislation. Several lawsuits have been filed<br />
against the company in Spain and Italy. The most alarming incident was a transport of cattle and<br />
horses loaded on double deck in November 2004, during which 13 animals died.<br />
Therefore in July 2005 an Animals’ Angels team talked Dr. Eduardo Torres, the chief veterinary officer<br />
of Catalonia (Spain), the region where the transport company Intertrans Montalban is registered.<br />
“Theoretically” he should be in the position to suspend or withdraw the transporter’s license. This<br />
official stated, however, that there is no legal means to withdraw the license of a Spanish<br />
transporter due to the fact that Spain did not transpose the relevant parts of the EU directive<br />
on the protection of animals during transport. He claims to have tried to have the license<br />
withdrawn, but did not succeed as according to the lawyers of the regional ministry of Catalonia the<br />
relevant provisions of the European Directive 91/628/EEC are not directly applicable in Spain.<br />
To our knowledge there is still no national Spanish legislation in force, which allows<br />
withdrawing or suspending a transporter’s license.<br />
Animals’ Angels therefore encourages the competent authority in Italy to temporarily prohibit the<br />
company Intertrans Montalban from transporting animals on Italian territory. This measure is<br />
provided in Art. 14-bis, paragraph 4 of Decreto Legislativo 532/1992 as amended by Decreto<br />
Legislativo 388/1998 (implementation of the European Council Directive 91/628/EEC as amended by<br />
Council Directive 95/29/EC on the protection of animals during transport).<br />
We consider the fact that the company in the present case ignored the order given by Italian<br />
police during the first control to be highly alarming. It proves how little the company Intertrans<br />
Montalban respects instructions imposed by competent authorities.<br />
Footage taken: yes<br />
Christine Hafner<br />
Animals’ Angels<br />
________________________________________________________________________<br />
Place and date of report: Freiburg, 04.03.2006 © Copyright Animals’ Angels e.V. :::::: 8
Transport of horses from Spain to Italy Jan. 2006<br />
TRANSPORT <strong>OF</strong> HORSES <strong>FROM</strong> SPAIN TO ITALY<br />
Transport company: RAWD srl. (Italy)<br />
26.01.2006<br />
Date & time of first contact with the lorry: 26.01.2006 / 17:30 o’clock<br />
Place of first contact with lorry: Spain, motorway A 2, between Zaragoza and<br />
Barcelona (175 km to Barcelona)<br />
Distance between place of departure<br />
and destination is: 2.642 km 1<br />
I. FACTS / INFORMATION RECEIVED<br />
1. Dates of Transport Company / lorry / driver(s)<br />
Name of transport company: RAWD SRL<br />
Address: Via Cadutin 11, 25030 Berlingo, Italy<br />
Name of Drivers: 2 Croatian drivers<br />
License plates: CY-070-CX/ AB - 29450<br />
Description of the lorry: white cab, grey lorry and trailer<br />
2. Information from the driver<br />
This time he loaded all the horses at the same place. Usually he has to load at 2-4 different places<br />
and accordingly the horses loaded at the first place are already for hours on the lorry before the<br />
transport actually starts.<br />
3. Information taken from the documents<br />
3.1. Information taken from the Intracommunity Certificate:<br />
Number of health certificate: INTRA.ES.2006.0001661<br />
Local ref.nb: 06/003<br />
Local competent authority: 113908 Segovia<br />
Number of animals: 32 horses for slaughter<br />
Exporter/ Sender: Suministros Agricolos y Ganaderos Agricar<br />
S.L., 28224 Pozeulo de Alarcon, Spain<br />
Importer: 2335 Martinese Carni SRL,<br />
73056 Contrada Santi Lasi, Italy<br />
Place of origin: Ganaderia Hermanos Redondo SL<br />
(Nb. of authorisation: ES-40031018),<br />
Bernuy de Porreros, Spain<br />
Place of departure: 40190 Bernuy de Porreros, Spain<br />
Date and time of departure: 26.01.06, 9.00 h<br />
Destination: 2335 Martinese Carni SRL,<br />
73056 Contrada Santi Lasi, Italy<br />
Estimated time of journey: 28 hours<br />
Veterinary service,<br />
which issued the documents: Sección Agraria Comarcal de Segovia, Junta Castilla y León<br />
Name of veterinarian: not legible<br />
1 Acc. to „ADAC Routenplaner“, edition 2005, 2006<br />
Place and date of report: Freiburg, 01.03.2006 © Copyright Animals’ Angels e.V.<br />
9
Transport of horses from Spain to Italy Jan. 2006<br />
3.2. Information on transport taken from the Route plan:<br />
Transport company: Autotrasporti RAWD SRL<br />
Number of animals: 32<br />
Place of departure Ganaderia Hermanos Redondo SL,<br />
49190 Bernuy de Porreros, Spain<br />
Date of departure: 26.01.2006<br />
Time of departure: 9:00 h, corrected into 11:00 h<br />
Place of destination: 2335 Martinese Carni SRL,<br />
Contrada Santi Lasi, 73056 Taurisano<br />
Estimated time of journey: 28 hours<br />
Itinerary: Bernuy, La Jonquera, Ventimiglia, Bologna,<br />
Taurisano<br />
Planned unloading / stops: no unloading planned, one stop at<br />
17700 La Jonquera, Spain, acc. to the route plan on<br />
the 12.01.2006 at 17:00 h<br />
Veterinary service,<br />
which issued the documents: Sección Agraria Comarcal de Segovia, Junta de<br />
Castilla y León.<br />
4. Description of loading situation and condition of the animals<br />
Species: young horses<br />
Levels: 1 level<br />
Impression of loading density: ok<br />
Watering devices: no<br />
Bedding: thick straw bedding, still clean<br />
Dividers: no divider in the lorry, 1 divider<br />
in the trailer, inadequate divider for horses, since it has a<br />
huge gap between the floor and divider<br />
Ventilation: yes<br />
Injured animals: no<br />
Sick animals: no<br />
Dead animals: no<br />
Impression of the animals: horses’ coats are covered with faeces<br />
5. Further observations/ information<br />
Description of the route: We followed the lorry on the A2, direction Barcelona, when suddenly at<br />
app.19.00 h a police car (Guardia Civil) stopped the lorry. The reason was a broken front light. The<br />
Guardia Civil was not willing to do anything, said they are not responsible.<br />
On the 27 th of January, the lorry got stuck on the highway near Nice for 8 hours, because of the bad<br />
weather conditions and finally arrived in Taurisano on the 28 th after 47,5 hours of transport. The<br />
horses were not unloaded during the journey.<br />
II. VIOLATIONS<br />
1. Deficient veterinary check at the place of departure in Spain<br />
The veterinary service at the place of departure in Spain (113908 Segovia) should not have authorized<br />
this transport by signing the accompanying documents, since the transport contravened existing<br />
legislation.<br />
1.1. Regarding the accompanying documents<br />
The veterinary service at Segovia did not verify the estimated journey time. Given the fact, that the<br />
distance between the place of departure and the place of destination is 2.642 km (acc. to ADAC route<br />
planer), the indicated journey time of 28 hours is not realistic.<br />
Place and date of report: Freiburg, 01.03.2006 © Copyright Animals’ Angels e.V.<br />
10
Transport of horses from Spain to Italy Jan. 2006<br />
Furthermore in the route plan there was a stop indicated on the 12.01.06 at 17.00 h for a transport<br />
which starts on 26.01.06.<br />
This constitutes a violation of Art. 5, section A, paragraph 2, lit. b. and c of Council Directive<br />
91/628 ECC as amended by Council Directive 95/29 EC, which requires that the route plan is<br />
duly drawn up. Furthermore a violation of Art. 8, lit. d.) of Council directive 91/629/EEC as<br />
amended by Council directive 95/29 EC<br />
Furthermore it constitutes a violation of Council Directive 96/93 EC on the certification of<br />
animals and animal products. The competent Spanish authority did not all necessary steps to<br />
ensure the integrity of certification as required in Art. 4 of Council Directive 96/93 EC.<br />
Therefore the obligatory unloading at a staging point was not planed and the route plan not duly drawn<br />
up regarding journey times and rest periods (see point 3).<br />
1.2. Regarding inadequate transport conditions. (please see point 2. – 6. )<br />
This constitutes a violation of Art. 5, section A, paragraph 1, lit.b and lit. c, of Council directive<br />
91/629/EEC as amended by Council directive 95/29 EC<br />
2. Undue suffering caused<br />
Undue suffering was caused to the animals due to inadequate transport conditions.<br />
This represents a violation of Art. 5, paragraph 1, lit. b of Council Directive 91/628 EEC as<br />
amended by Council Directive 95/29 EC.<br />
3. Obligatory unloading at staging point not planned – Route plan not duly drawn up regarding<br />
journey times and rest periods<br />
The route plan did not indicate a staging point, despite the fact that the length of the journey required<br />
it, after a maximum journey time of 24 hours. Further stops to water the horses after 8 hours of travel<br />
time were not indicated in the route plan.<br />
This constitutes a violation of Art. 5, section A, paragraph 2, lit.b and lit.d, (i) first indent of<br />
Council directive 91/629/EEC as amended by Council directive 95/29 EC, as well as a violation<br />
of Art. 3. paragraph 1, lit.aa, second indent of Council directive 91/629/EEC as amended by<br />
Council directive 95/29 EC in connection with Chapter VII, point 4, lit. c and Chapter VII, point 5<br />
of the annex.<br />
4. Exceeded maximum journey time<br />
It is required that horses be unloaded after a maximum journey time of 24 hours to be rested, fed and<br />
watered for at least 24 hours before continuing journey. The lorry left Bernuy de Porreros the 26 th at<br />
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<br />
horses had already been on board the lorry for 28 hours. Consequently the maximum journey time<br />
was already exceeded by 5 hours. The remaining distance to destination was 1,326 km. According to<br />
the drivers they planned to continue transport directly to destination, without unloading the horses for<br />
rest. No programmed staging point was indicated on the route plan. Therefore, it is very likely, that the<br />
transport was in fact carried out directly to destination. Given the remaining distance the remaining<br />
journey time was approx. 20 hours.<br />
5. Partitions not placed<br />
For journeys exceeding 8 hours the vehicle has to be equipped with partitions. There was only one<br />
partition placed in the trailer.<br />
Place and date of report: Freiburg, 01.03.2006 © Copyright Animals’ Angels e.V.<br />
11
Place and date of report: Freiburg, 01.03.2006<br />
Transport of horses from Spain to Italy Jan. 2006<br />
This constitutes a violation of Art.5, paragraph 1, lit. c of Council Directive 91/629/EEC as<br />
amended by Council directive 95/29 EC, in connection with Chapter VII, point 3, fifth indent<br />
and Chapter I, point 2, lit. a. of the annex.<br />
6. Partition placed which could cause injuries to the animals<br />
The partition placed in the trailer could cause injuries to the animals since there was a huge gap<br />
between the divider and the bottom of the trailer.<br />
This constitutes a violation of Art 5, paragraph 1, lit b Council Directive 91/628 ECC as<br />
amended by Council Directive 95/29.<br />
III. Photo of route plan<br />
Sign. Iris Baumgärtner<br />
© Copyright Animals’ Angels e.V. 12
Transport of horses from Spain to Italy, 27 th – 28 th January 2006<br />
TRANSPORT <strong>OF</strong> HORSES <strong>FROM</strong> SPAIN TO ITALY<br />
Transport company: MAITXENE (Spain)<br />
27.-28.01.2006<br />
Date and time of first observation of truck: 27.01.06 / 12:45 o’clock<br />
Place of first observation of truck: France, near Fréjus, highway A 8<br />
Note: The highway was blocked by French police due to a<br />
snow storm in Italy. No truck was allowed to continue to Italy<br />
from approx. 23:00 o’clock of 26.01.06 to 16:15 o’clock of<br />
27.01.05. After this the trucks gradually continued their<br />
journey.<br />
Outside temperature at this place: 5° Celsius<br />
Journey time so far: There are two consignments loaded (15+17 horses).<br />
Regarding the consignment of 15 horses the journey time so<br />
far is 25 hours (acc. to driver this includes 11 hours of waiting<br />
at Fréjus); regarding the consignment of 17 horses the journey<br />
time remains unclear (see below).<br />
Remaining distance to destination: 480 1 km<br />
Distance from places of departure to<br />
place of destination: 1.638 1 km (from Ayala via Mallén to Correggio)<br />
I. FACTS FOUND and INFORMATION RECEIVED<br />
1. Details on transport company / lorry / driver(s)<br />
Name of transport company: Transportes Maitxene<br />
Address: 31797 Lozen, Navarra, Spain, Tel: +34-948309205, Fax: +34-948305254<br />
Name of driver (only one): Henry Davila Espinosa<br />
License plates: Spanish license plates: NA 07225 R / NA 5079 BD<br />
Description of the lorry: white cab, grey lorry and trailer with brown stripes, brown tailgate with white<br />
inscription: “MAITXENE, Valle Ulzama, TeL. 0034-609400403,<br />
609402762”; inscription on right door of cab: “Hnos. Barberena, Tel./Fax.<br />
948305146, Lozen (Navarra)”.<br />
Measurements of the lorry: length of lorry: 7,33 m; length of the trailer: 7,05 m; width: 2,50m<br />
Surface lorry and trailer: 35,95 m²<br />
2. Information on transport given by the driver<br />
Number of animals: 32<br />
Time of departure: 26.01.06 16:00 (note: this does not correspond to any of the accompanying<br />
documents)<br />
Estimated time of journey: 24 hours (under normal circumstances, i.e. without delays due to blocked<br />
highways as today)<br />
Planned unloading at<br />
staging point: none<br />
Others: - driver states he has been waiting in line on the blocked highway since<br />
27.01.06, 02:00 o’clock<br />
1<br />
Calculation according to ACAC RoutenPlaner, edition 2005/2006<br />
___________________________________________________________________________________________<br />
Place and date of report: Freiburg, 30.01.2006 © Copyright Animals’ Angels e.V.<br />
13
3. Information on transport taken from the documents<br />
Transport of horses from Spain to Italy, 27 th – 28 th January 2006<br />
The horses consist of two consignments (17 and 15 horses); there are two INTRA health certificates and<br />
two route plans, one of which is blank except for the stamp of the veterinary office in Spain and the name<br />
of the driver.<br />
Animals` Angels receives copies of both health certificates and route plans.<br />
3.1)<br />
Health certificate for 17 horses no.: INTRA.ES.2006.0001667<br />
Number of animals: 17<br />
Horses destined for: the option “others” is marked, consequently not “for<br />
slaughter”<br />
Transport company: Transportes Maitxene, registration no.: ES NA 001,<br />
address: Senrio de Loren Navara, 31790 Arantzs, Spain<br />
Competent local veterinary office,<br />
which issued the INTRA certificate: 1139715 Vitoria<br />
Local reference number<br />
(box I.2.a of INTRA certificate): es-vi-328<br />
Sender/ Consigner: Adolfo Otaola, 01013 Ayala, Spain<br />
Place of origin: Adolfo Otaola, authorisation no.: 010100170003, address:<br />
Izoria, 01013 Ayala, Spain<br />
Place of loading: 01013 Ayala (Spain)<br />
Time of departure: 25.01.06, 18:00 o`clock<br />
Place of destination: C.A.B. S.r.l., Via Cesis 2, 42015 Correggio, Italy,<br />
registration number: 11615<br />
Buyer/ Consignee: C.A.B. S.r.l., Via Cesis 2, 42015 Correggio, Italy<br />
Estimated time of journey: 24 hours<br />
Route plan: on the health certificate is indicated that there is NO<br />
route plan<br />
Age of equines: 15 months<br />
___________________________________________________________________________________________<br />
Place and date of report: Freiburg, 30.01.2006 © Copyright Animals’ Angels e.V.<br />
14
Transport of horses from Spain to Italy, 27 th – 28 th January 2006<br />
___________________________________________________________________________________________<br />
Place and date of report: Freiburg, 30.01.2006<br />
© Copyright Animals’ Angels e.V. 15
Transport of horses from Spain to Italy, 27 th – 28 th January 2006<br />
Route plan accompanying the 17 horses:<br />
The route plan is not filled in except for the stamp of the Spanish veterinary office and the<br />
name of the driver<br />
Veterinary office in Spain: Arabako Foru Aldundia, Diputacion Foral de Alava, Nekazaritza Saila,<br />
Abeitzaintzo Zerbitzua, Departamento de Agricultura<br />
Blank route plan – except for the stamp of the Spanish vet office and the name of the driver<br />
3.2)<br />
Health certificate for 15 horses no.: INTRA.ES.2006.0001682<br />
Number of equines: 15<br />
Horses destined for: slaughter<br />
Transport company: Transportes Maitxene, registration no.: ES NA 001, address: Alcoz,<br />
31799 Odieta, Spain<br />
Competent local veterinary office,<br />
which issued the INTRA cert.: 1103102 Zaragoza<br />
Local reference number<br />
(field I.2.a of INTRA certificate): TO38368<br />
Sender/ Consigner: T Maitxene, S. de Lozen, 2, 31799 Odieta, Spain<br />
Place of origin: Rocio Navarro Cascan, registration no.: ES 501600000410,<br />
address: C/Moncayo n.1, 50550 Mallén<br />
Place of loading: 50550 Mallén (Spain)<br />
Time of departure: 26.01.06, 12:00 o`clock<br />
Place of destination: C.A.B. S.r.l., Via Cesis 2, 42015 Correggio, Italy, registration<br />
number: 11615<br />
Buyer/ Consignee: Agro Impex, Via Luigi Cadona 2, 34170 Gorizia, Italy<br />
Estimated time of journey: 0.0 hours<br />
Route plan: on the health certificate is indicated that there is NO route plan<br />
Age of equines: various<br />
___________________________________________________________________________________________<br />
Place and date of report: Freiburg, 30.01.2006<br />
© Copyright Animals’ Angels e.V. 16
Transport of horses from Spain to Italy, 27 th – 28 th January 2006<br />
Route plan corresponding to health certificate no.: INTRA.ES.2006.0001682<br />
Number of equines: 15<br />
Veterinary office at place of departure: There is a stamp of the vet office Aragón.<br />
Place of departure: Mallén<br />
Place of destination: C.A.B. s.r.l., Localita Canolo di Corregio, Via Cesis, 2,<br />
42015 Reggio Emilia, Italy<br />
Itinerary: Mallén-Barcelona-Nice-Ventimiglia-Reggio Emilia<br />
Estimated journey time: 25 hours<br />
Date and time of departure: 26.01.06, 12:00 o`clock<br />
Name of person responsible during transport: Henry Davila Espinosa<br />
4. Description of loading situation and condition of the animals<br />
Species: equines<br />
Levels: 1 (it is a double deck truck, constructed for cattle; horses are<br />
loaded only on bottom deck)<br />
Impression of loading density: Exceeded. There is not enough room for the horses to lie down<br />
and horses that fell or laid down, have difficulties to stand<br />
back up due to the limited space.<br />
Loading density according to<br />
taken measurements: exceeded; 1,12m² per horse (35,95m² / 32 horses); truck is<br />
overloaded by at least 2 horses, as minimum space requirement is<br />
1,2m² per young horse.<br />
Watering devices: yes, automatic<br />
Bedding: sufficient straw<br />
Partitions: one partition placed in lorry and one in trailer; the partitions<br />
are permanently fixed to the roof of the first level<br />
(=floor of the second level); the truck is double<br />
deck (constructed for cattle), therefore the second<br />
level is raised more then normal to give the horses<br />
more head space; consequently also the partitions<br />
are raised, which creates a huge gap between<br />
bottom of partitions and floor of truck, in which<br />
animals can remain stuck with their legs or other<br />
parts of their body.<br />
Sick animals: Horses appear to be stressed and exhausted. Horses fall or lie repeatedly down. Two<br />
horses stuck under a partition.<br />
5. Further observations<br />
Itinerary: Spain – Nice (France) – Ventimiglia (Italy) –Piacenza - Correggio (Italy) (road transport)<br />
27.01.2006<br />
12:45 We observe the truck waiting in line on the blocked higway A8, France.<br />
One young horse is lying down. His head leans against the side wall of the truck. He does not make any<br />
attempts to get up. He does, however, not appear to be injured. Possibly the horse is just resting or<br />
cannot get up because space is limited - the legs of the horse are between the legs of the other standing<br />
horses. Driver is not present.<br />
___________________________________________________________________________________________<br />
Place and date of report: Freiburg, 30.01.2006<br />
© Copyright Animals’ Angels e.V. 17
Transport of horses from Spain to Italy, 27 th – 28 th January 2006<br />
16:15 French police starts to gradually let the blocked trucks continue journey.<br />
16:50 The observed horse truck continues journey. We ask the Gendarmes to conduct an inspection.<br />
Police check:<br />
Place: France, highway A 8, west of pay toll Antibes (near Nice).<br />
Time: approx. 18:15 – 18:48<br />
One horse in the lorry is lying with his whole body stuck under the divider. Driver lifts up the<br />
hydraulic second level, in this way also the divider is lifted up. After approx. 20 minutes the gendarme and<br />
the driver manage to make the horse stand up by pushing him several times with the wooden end of a<br />
shovel. No injuries visible.<br />
Driver is told by gendarmes that this truck can only be used for bovines, not for horses. Gendarmes warn<br />
driver that it is illegal to travel with a blank route plan. The Gendarmes do not have time to issue a fine, as<br />
they are busy due to the traffic jam caused by all the blocked trucks.<br />
18:48 Truck drives off in direction Italy.<br />
Driver stops for some minutes at one of the next gas stations. Again a horse is lying on the ground, this<br />
time in the trailer.<br />
___________________________________________________________________________________________<br />
Place and date of report: Freiburg, 30.01.2006<br />
© Copyright Animals’ Angels e.V. 18
It is extremely dangerous to drive in Italy due to heavy snow falls.<br />
28.01.2006<br />
Transport of horses from Spain to Italy, 27 th – 28 th January 2006<br />
00:28 Truck takes exit for Reggio Emilia and follows sings for Correggio.<br />
01:20 Arrival at a farm near Corregio.<br />
Now two horses are lying down in the trailer. One manages to get up before unloading starts. The<br />
other one is lying with his head under a partition and does not manage to stand up.<br />
During unloading the driver manages to make the horse get back up. The horse has some difficulties;<br />
after the first try to stand up, it breaks down again, but makes it at the second try.<br />
Horses appear to be stressed and exhausted, but we do not spot any injured horse.<br />
6. Arrival at destination<br />
Date & Time of unloading at destination: 28.01.06, 01:50 o’clock<br />
Temperature: -2° Celsius<br />
Vet present: no vet; there is just a stable worker present<br />
II. CONCLUSIONS<br />
1. Deficient veterinary checks at place of departure in Spain<br />
The veterinary service (1139715 Vitoria, 1103102 Zaragoza) at place of departure in Spain should not<br />
have authorized this transport as it was not in compliance with relevant legislation.<br />
1.1 Regarding accompanying documents<br />
The veterinary services in Spain issued and stamped deficient accompanying documents.<br />
The following irregularities were detected:<br />
- the route plan accompanying the consignment of 17 horses (no.: INTRA.ES.2006.0001667)<br />
was not filled in. There was only the stamp of the veterinary service Alava (region Vitoria) and<br />
the name of the driver written on it. It is not known to Animals’ Angels, if the veterinary service<br />
itself stamped a blank route plan or if the transport company illegally got hold of the stamp. In<br />
any case, the veterinary service (1139715 Vitoria) should not have drawn up the health<br />
certificate, because no duly drawn up route plan was submitted by the transporter.<br />
- on both health certificate it was indicated that there was no route plan, even though a route plan<br />
was required<br />
- on the health certificate no. INTRA.ES.2006.0001682 issued by the veterinary service 1103102<br />
Zaragoza the estimated journey time is indicated with 0.0 hours.<br />
This constitutes a violation of Council Directive 96/93/EC on the certification of animals and<br />
animal products. The competent Spanish authority did not take all necessary steps to<br />
ensure the integrity of certification as required in Art. 4 of Council Directive 96/93/EC.<br />
The irregularities found regarding the blank route plan additionally constitute a violation of Art. 5,<br />
section A, paragraph 2, lit. b, c and lit. d of Council Directive 91/628 EEC as amended by<br />
Council Directive 95/29 EC.<br />
1.2 Regarding exceeded loading density and unsuitable partitions<br />
It must be presumed that the veterinary services in Spain were either not present during loading<br />
operations or did not pay the necessary attention to loading density and partitions. (please see<br />
point II.4 and 5).<br />
___________________________________________________________________________________________<br />
Place and date of report: Freiburg, 30.01.2006 © Copyright Animals’ Angels e.V.<br />
19
2. Undue suffering caused<br />
Transport of horses from Spain to Italy, 27 th – 28 th January 2006<br />
The transporter transported the horses in a way which caused them undue suffering as<br />
- the maximum permitted journey time was exceeded by far<br />
- unsuitable partitions were installed, which caused suffering to the animals, as they remained stuck<br />
in the gap between the bottom of the partitions and the floor of the truck<br />
- the maximum loading density was exceeded.<br />
This represents a violation of Art. 5, paragraph 1, lit. b of Council Directive 91/628 EEC as<br />
amended by Council Directive 95/29 EC.<br />
3. Exceeded maximum journey time<br />
The transporter did not unload the horses after the maximum journey time of 24 hours at an authorized<br />
staging point for the required rest period of at least 24 hours.<br />
The 15 horses (INTRA.ES.2006.0001682) from Mallén (Spain) were unloaded after 38 hours of<br />
transport.<br />
Regarding the 17 horses from Ayala (Spain) it remains unclear for how long they have been<br />
transported. With regard to the date and time of departure indicated on the INTRA health certificate the<br />
horses were transported for 56 hours. This appears, however, improbable, because even though the<br />
horses were exhausted, they did not make the impression to have travelled for such a long period of<br />
time. Possibly those horses were first transported from Ayala to Mallén, were unloaded and later loaded<br />
again together with the 15 horses from Mallén.<br />
This constitutes a violation of Art. 3 paragraph 1, lit. aa, second indent of Council Directive<br />
91/628 EEC as amended by Council Directive 95/29 EC in connection with Chapter VII, point 4, lit.<br />
c and point 5 of the Annex.<br />
4. Exceeded loading density<br />
According to calculation the truck was overloaded by two horses. In consideration of the length of the<br />
journey the legally required minimum loading densities should have been reduced, not increased. There<br />
was not enough room for the horses to lie down and horses that had laid or fallen down, had difficulties<br />
to stand back up due to the limited space.<br />
This constitutes a violation of Art. 3, paragraph 1, lit. aa, first indent of Council Directive 91/628<br />
EEC as amended by Council Directive 95/29 EC in connection with Chapter VI, section A of the<br />
Annex.<br />
5. Inadequate partitions installed<br />
Partitions must be constructed in a way, which must not cause any injuries to the animals.<br />
The truck was equipped with partitions, which represented a risk for the animals’ health, as there was<br />
gap between the bottom of the partitions and the floor of the truck, where animals can – and did in fact –<br />
remain stuck.<br />
This constitutes a violation of Art. 5, section A, paragraph 1, lit. c of Council Directive 91/628<br />
EEC as amended by Council Directive 95/29 EC in connection with Chapter I, point 2, lit. c of the<br />
Annex.<br />
6. Mingling of animals of different health status<br />
Horses “for slaughter” were transported in the same vehicle with other horses.<br />
This endangered the health status of the horses of the higher health category.<br />
___________________________________________________________________________________________<br />
Place and date of report: Freiburg, 30.01.2006 © Copyright Animals’ Angels e.V.<br />
20
Horse squeezed between two others<br />
Christine Hafner<br />
Animals’ Angels<br />
Transport of horses from Spain to Italy, 27 th – 28 th January 2006<br />
___________________________________________________________________________________________<br />
Place and date of report: Freiburg, 30.01.2006<br />
© Copyright Animals’ Angels e.V. 21
Transport of horses from Spain to Italy, 27.01.2006<br />
TRANSPORT <strong>OF</strong> HORSES <strong>FROM</strong> SPAIN TO ITALY<br />
Transport company: Transportes MAZAS LDA (Portugal)<br />
27.01.2006<br />
Date and time of first observation of truck: 27.01.2006 / 13:00 o’clock<br />
Place of first observation of truck: France, near Fréjus, highway A 8<br />
Note: The highway was blocked by French police due<br />
to a snow storm in Italy. No truck was allowed to<br />
continue to Italy from approx. 23:00 o’clock of<br />
26.01.06 to 16:15 o’clock of 27.01.05. After this the<br />
trucks gradually continued their journey.<br />
Outside temperature at this place: 5° Celsius<br />
Journey time so far: 26h (acc. to drivers this includes 8h of waiting at<br />
Fréjus)<br />
Remaining distance to destination: 1.361 1 km<br />
Distance from place of departure<br />
to place of destination: 2.565 1 km<br />
I. FACTS FOUND and INFORMATION RECEIVED<br />
1. Dates of transport company / lorry / driver(s)<br />
Name of transport company: Transportes Mazas LDA, registration number: 66372003,<br />
Address: Edificio Illa Dos Amores- Vilanova de Cerveira, 4920 Campos – Vila<br />
Nova de Cerveira, Portugal<br />
Name of driver 1 and 2: unknown<br />
License plates: Portuguese license plate: 28 AI 98<br />
Description of the lorry: red cab, silver one-compartment truck<br />
Measurements of the lorry: Length: 13,30 m, width: 2,50 m (external measurements)<br />
2. Information on transport given by the driver<br />
- arrival at Fréjus on 27.01.06 at 05:00<br />
- no unloading at staging point programmed; do not intend to unload at staging point<br />
3. Information on transport taken from the documents<br />
3.1 Health certificate no.: INTRA.ES.2006.0001750<br />
Number of animals: 31<br />
Breed: Hispanobreton<br />
Age: “various, weaned foals”<br />
Identification method: none<br />
Place of origin: Lorenzo Berzal de Francisco, Camino de la Oliva S/N,<br />
47320 Tudela de Duero (Valladolid), Spain; authorisation<br />
no. ES47175000002<br />
Place of loading: 47320 Tudela de Duero, Spain<br />
Time of departure: 26.01.06, 11:00 o’clock<br />
Place of destination: Scobel Sud 2 S.r.l., Strada Provinciale Alezio, 73017<br />
Sannicola, Italy; authorisation no.: M2757HEE<br />
Estimated time of journey: 23 hours<br />
1<br />
The distances indicated in this report are calculated by using „ADAC RoutenPlaner“, edition 2005/2006<br />
________________________________________________________________________<br />
Place and date of report: Freiburg, 13.02.2006 © Copyright Animals’ Angels e.V. ........<br />
22
programmed<br />
staging point<br />
not indicated<br />
Transport of horses from Spain to Italy, 27.01.2006<br />
Sender/ Consigner: Lorenzo Berzal de Francisco, 47320 Tudela de Duero,<br />
Spain<br />
Buyer/ Consignee: Scobel Sud 2 S.r.l., Strada Provinciale Alezio, 73017<br />
Sannicola, Italy<br />
Veterinary service, which<br />
issued the documents: 1115708 Valladolid (Spain)<br />
Number of local reference<br />
(space I.2.a. of INTRA certificate): 4712601061<br />
Transport company: Transportes Mazas LDA, Portugal (same details as on<br />
the route plan)<br />
3.2 Route plan:<br />
Transport company: Transportes Mazas LDA, registration number: 66372003;<br />
address: Edificio Illa Dos Amores- Vilanova de Cerveira,<br />
4920, Portugal.<br />
Number of animals: 31<br />
Place of departure: there is no place indicated. In this box it is written<br />
“Lorenzo Berzal de Francisco”, which is the name of<br />
the consigner<br />
Time of departure: 26.01.06, 11:00 o’clock<br />
Place of destination: Scobel Sud 2 S.r.l., Strada Provinciale Alezio, 73017<br />
Sannicola, Italy; registration number: M2757HEE<br />
Estimated time of journey: 23 hours<br />
Programmed staging points: not indicated<br />
Stops (for watering): “Desconocido, Desconocida, 00137, IT, 26.10.06<br />
23:00” (note: this is pre-printed)<br />
Number of health certificate: not indicated<br />
Veterinary service, which<br />
stamped the document: there is a stamp on the route plan, but it is not legible<br />
Itinerary: not indicated<br />
Name of person responsible<br />
during transport: there is no name written; in the appropriate box there<br />
is written a passport number<br />
________________________________________________________________________<br />
Place and date of report: Freiburg, 13.02.2006 © Copyright Animals’ Angels e.V. ........ 23
Transport of horses from Spain to Italy, 27.01.2006<br />
4. Description of loading situation and condition of the animals<br />
Species: horses, extremely dirty<br />
Levels: 1<br />
Loading density: 1,07 m² per horse (on basis of external measurements of truck) �<br />
overloaded by at least 4 horses (provided that only young horses were<br />
loaded; if there were also horses older than two years loaded, the<br />
overloading increases); not enough room for the horses to lie down<br />
Watering devices: yes<br />
Bedding: insufficient and entirely wet and dirty straw<br />
Hurt animals: not observed<br />
5. Further observations<br />
Itinerary: Spain – France – Italy (only road transport)<br />
The Animals’ Angels team does not trail the truck, but observed it on 27.01.2006 from 13:00 – 16:15<br />
o’clock while waiting in line on the blocked highway A8 near Fréjus (France).<br />
27.01.06<br />
16:15 French police starts to gradually let the blocked trucks continue journey.<br />
According to the time of departure indicated on the route plan (26.01.06, 11:00) the horses are now<br />
on board the truck for 29 hours (already 5 hours more than allowed) and consequently<br />
should be unloaded immediately for the required rest of 24 hours before continuing<br />
transport. The drivers state, however, that they will go straight to destination – without<br />
unloading at a staging point. The remaining distance to destination is still 1.361 km.<br />
6. Arrival at destination<br />
Date & Time of arrival: unknown<br />
Given the remaining distance the remaining journey time is approx. 20 hours.<br />
Information received in March 2006 from the Portuguese Ministry of Agriculture:<br />
The company “Transportes Mazas LDA” is not registered in Portugal (=Member State of<br />
establishment) for the transport of livestock.<br />
II. CONCLUSIONS<br />
1. Deficient veterinary checks at place of departure in Spain<br />
The veterinary service (1115708 Valladolid) at place of departure in Spain should not have<br />
authorized this transport by signing the accompanying documents as the transport was not in<br />
compliance with relevant legislation.<br />
1.1 Regarding accompanying documents<br />
The veterinary service in Spain issued and stamped deficient accompanying documents.<br />
The following irregularities were detected:<br />
- The company Transportes Mazas LDA was indicated as transport company on both<br />
the route plan and the INTRA health certificate, even though it does not have an<br />
authorisation for the transport of livestock (please see point II. 6)<br />
________________________________________________________________________<br />
Place and date of report: Freiburg, 13.02.2006 © Copyright Animals’ Angels e.V. ........<br />
24
Transport of horses from Spain to Italy, 27.01.2006<br />
- The veterinary service in Spain did not verify the estimated journey time (please see<br />
point II.3). By the fact that the veterinary service in Spain stamped a route plan, which<br />
indicated a non realistic estimated journey time and which did consequently not indicate<br />
the obligatory unloading at a staging point during transport, it supported a false statement<br />
made by the transporter. The veterinary service issued, as well, a health certificate with an<br />
unrealistic estimated journey time;<br />
- Number of health certificate not indicated on route plan;<br />
- Itinerary not indicated on route plan;<br />
- Name of person responsible during transport not indicated on route plan;<br />
- Place of departure not indicated on route plan.<br />
This constitutes a violation of Council Directive 96/93/EC on the certification of animals<br />
and animal products. The competent Spanish authority did not take all necessary steps<br />
to ensure the integrity of certification as required in Art. 4 of Council Directive 96/93/EC.<br />
The irregularities found on the route plan also constitute a violation of Art. 5, section A,<br />
paragraph 2, lit. b, c and lit. d, (i) first indent of Council Directive 91/628 EEC as<br />
amended by Council Directive 95/29 EC.<br />
1.2 Regarding exceeded loading density<br />
It must be presumed that the veterinary service in Spain was either not present during loading<br />
operations or did not pay the necessary attention to the loading density. (please see point<br />
II.5).<br />
2. Undue suffering caused<br />
The transporter transported the horses in a way, which caused them undue suffering as<br />
- the truck was overloaded by at least 4 horses<br />
- the maximum permitted journey time was exceeded.<br />
This represents a violation of Art. 5, section A, number 1, lit. b of Council Directive 91/628<br />
EEC as amended by Council Directive 95/29 EC.<br />
3. Obligatory unloading at staging point not planned - Route plan not duly drawn up regarding<br />
journey times and rest periods<br />
It was not programmed to unload and rest the horses for at least 24 hours at an authorized staging<br />
point after a maximum of 24 hours of transport. The indicated estimated journey time of 23 hours<br />
is entirely unrealistic for a transport of 2.565 km. At the maximum permitted speed of 80 km/h the<br />
journey time would be 32 hours. The time for stops during transport must be added to this. A<br />
realistic journey time for this distance (under normal circumstances, without delays due to a<br />
blocked highway as in this case) is therefore approx. 40 hours.<br />
This constitutes a violation of Art. 5, section A, paragraph 2, lit. b and lit. d, first indent of<br />
Council Directive 91/628 EEC as amended by Council Directive 95/29 EC, as well as a<br />
violation of Art. 3, paragraph 1, lit. aa, second indent of Council Directive 91/628 EEC as<br />
amended by Council Directive 95/29 EC in connection with Chapter VII, point 4, lit. c and<br />
Chapter VII, point 5 of the Annex.<br />
4. Exceeded maximum journey time<br />
It is required that horses be unloaded after a maximum journey time of 24 hours to be rested, fed<br />
and watered for at least 24 hours before continuing journey. When the Animals’ Angels team<br />
observed the truck on 27.01.06 at 16:00 the horses had already been on board for 29 hours.<br />
________________________________________________________________________<br />
Place and date of report: Freiburg, 13.02.2006 © Copyright Animals’ Angels e.V. ........<br />
25
Transport of horses from Spain to Italy, 27.01.2006<br />
Consequently the maximum journey time was already exceeded by 5 hours. The remaining<br />
distance to destination was 1.361 km. According to the drivers they planned to continue transport<br />
directly to destination, without unloading the horses for rest. No programmed staging point was<br />
indicated on the route plan. Therefore, it is very likely, that the transport was in fact carried out<br />
directly to destination. Given the remaining distance the remaining journey time was approx. 20<br />
hours.<br />
This constitutes a violation of Art. 3 paragraph 1, lit. aa, second indent of Council Directive<br />
91/628 EEC as amended by Council Directive 95/29 EC in connection with Chapter VII, point<br />
4, lit c and point 5 of the Annex.<br />
5. Exceeded loading density<br />
The lorry was overloaded by at least 4 horses. There was not enough room for the horses to lie<br />
down. Considering the length of the transport the space per horse should have been increased<br />
compared to the minimum requirements as stated in the table of Chapter VI, section A of Directive<br />
91/628 EEC as amended, and not reduced.<br />
This constitutes a violation of Art. 3, paragraph 1, lit. a, first indent of Council Directive<br />
91/628 EEC as amended by Council Directive 95/29 EC in connection with Chapter I, section<br />
A, point 2, lit. a and Chapter VI, section A of the Annex.<br />
6. Transporter carried out transport without authorisation for the transport of livestock<br />
The company “Transportes Mazas LDA, 4920 Vilanova de Cerveira, Portugal“ was indicated as<br />
transport company on the route plan, as well as on the INTRA health certificate. This company<br />
does, however, not have an authorisation for the transport of livestock.<br />
This constitutes a violation of Art. 5, section A, paragraph 1, lit. a, ii, of Council Directive<br />
91/628 EEC as amended by Council Directive 95/29 EC<br />
Christine Hafner<br />
Animals’ Angels<br />
________________________________________________________________________<br />
Place and date of report: Freiburg, 13.02.2006 © Copyright Animals’ Angels e.V. ........<br />
26
Transport of horses from Spain to Italy, 27.01.2006<br />
TRANSPORT <strong>OF</strong> HORSES <strong>FROM</strong> SPAIN TO ITALY<br />
Transport company: MAZAS (Portugal/Spain)<br />
27.01.2006<br />
Date and time of first observation of truck: 27.01.2006 / 14:40 o’clock<br />
Place of first observation of truck: France, near Fréjus, highway A 8<br />
Note: The highway was blocked by French police due<br />
to a snow storm in Italy. No truck was allowed to<br />
continue to Italy from approx. 23:00 o’clock of<br />
26.01.06 to 16:15 o’clock of 27.01.05. After this the<br />
trucks gradually continued their journey.<br />
Outside temperature at this place: 5° Celsius<br />
Journey time so far: 20,5 h (acc. to drivers 10 hours until arrival at Fréjus +<br />
10,5 h of waiting time at Fréjus)<br />
Remaining distance to destination: 1.434 1 km<br />
Distance from place of departure<br />
to place of destination: 2.140 1 km<br />
I. FACTS FOUND and INFORMATION RECEIVED<br />
1. Dates of transport company / lorry / driver(s)<br />
Name of transport company: MAZAS (as written on the truck and as confirmed by the drivers)<br />
Address: the company has two addresses - one in Spain (Ganados Mazás,<br />
Cumeiro 2, 36590 Vila de Cruces, Pontevedra - Spain) and one in<br />
Portugal (Transportes Mazas Limitada (LDA), Edificio Illa Dos<br />
Amores- Vilanova de Cerveira, 4920 Campos – Portugal). Animals’<br />
Angels does not know, which address was indicated on the route plan.<br />
Name of Driver 1 and 2: unknown<br />
License plates: Spanish license plate: NA 04936 R (red);<br />
Portuguese license plate: 73 82 XR<br />
Description of the lorry: red cab with white and red one-compartment truck<br />
2. Information on transport given by the driver<br />
Planned unloading / stops: none<br />
Others: - they state that they arrived at Fréjus at around 4.00 o’clock on<br />
27.01.2006<br />
- do not plan to unload at a staging point during transport even though<br />
the journey time of 24 hours will be exceeded<br />
3. Information on transport taken from the documents<br />
No. of INTRA certificate: INTRA.ES.2006.0001809<br />
Number of animals: 24<br />
Place of departure: Vilanova de Bellpuig (Spain)<br />
Time of departure: 26.01.06, 18:00<br />
Destination: Reggio Calabria (Southern Italy)<br />
1<br />
Calculation according to ACAC RoutenPlaner, edition 2005/2006<br />
________________________________________________________________________<br />
Place and date of report: Freiburg, 25.02.2006 © Copyright Animals’ Angels e.V.<br />
27
Transport of horses from Spain to Italy, 27.01.2006<br />
Estimated time of journey: the appropriate field on the route plan is empty. In field no. 11<br />
(Programmed transfer or staging point) is written 23 hours. Driver<br />
declares that this is meant to be the estimated journey time.<br />
Programmed staging point: not indicated<br />
Veterinary service,<br />
which issued the documents: Generalitat de Catalunya, Dept. de Agricultura, Ramaderia,Pesca<br />
Route plan existing: yes<br />
4. Description of loading situation and condition of the animals<br />
Species: horses<br />
Levels: 1<br />
Impression of loading density: o.k.<br />
Watering devices: yes (automatic)<br />
Partitions: One partition placed, consists of vertical and horizontal bars,<br />
where horses can easily remain stuck with their legs.<br />
Health condition of animals: seems to be o.k.<br />
5. Further observations<br />
Intinerary: Spain – France – Italy (road transport)<br />
27.01.06<br />
16:15 French police starts to gradually let the blocked trucks continue journey.<br />
Approx. 17:00<br />
The observed horse truck of the company Mazas continues journey.<br />
According to the time of departure indicated on the route plan (26.01.06, 18:00) the horses are now<br />
on board the truck for 23 hours and consequently should be unloaded within the next hour for<br />
at least 24 hours of rest before journey is continued. The drivers state, however, that they will<br />
go straight to destination – without unloading at a staging point. The remaining distance to<br />
destination is still 1.434 km.<br />
The Animals’ Angels team does no longer follow this truck, because it is decided to trail another, more<br />
problematic livestock transport, which was also among the trucks waiting on the blocked highway A8.<br />
6. Arrival at destination<br />
Date & Time of arrival: unknown<br />
With regard to the remaining distance to destination (1.434 km) the remaining transport time is approx.<br />
22 hours.<br />
II. CONCLUSIONS<br />
1. Deficient veterinary checks at place of departure in Spain<br />
The veterinary service (Pla d’Urgell (Mollerussa, Catalonia)) at place of departure in Spain should<br />
not have authorized this transport as the transport was not in compliance with relevant legislation.<br />
1.1 Regarding accompanying documents<br />
The veterinary service in Spain did not verify the estimated journey time (please see point<br />
II.3). By the fact that the veterinary service in Spain stamped a route plan, which indicated a<br />
non realistic estimated journey time and which did consequently not indicate the obligatory<br />
unloading at a staging point during transport, it supported a false statement made by the<br />
transporter. This constitutes a violation of Council Directive 96/93/EC on the certification<br />
of animals and animal products. The competent Spanish authority did not take all<br />
necessary steps to ensure the integrity of certification as required in Art. 4 of Council<br />
Directive 96/93/EC.<br />
________________________________________________________________________<br />
Place and date of report: Freiburg, 25.02.2006 © Copyright Animals’ Angels e.V.<br />
28
Transport of horses from Spain to Italy, 27.01.2006<br />
1.2 Regarding unsuitable partition<br />
It must be presumed that the veterinary service in Spain was either not present during loading<br />
operations or did not pay the necessary attention. (please see point II.5).<br />
2. Likely undue suffering / transport in a way, which could cause injury<br />
The animals were transported in a way, which was likely to cause them undue suffering as the the<br />
permitted maximum journey time was most probably exceeded by far.<br />
The animals were transported in a way, which could cause them injury as an unsuitable partition<br />
was used.<br />
This constitutes a violation of Art. 5, section A, paragraph 1, lit. b of Council Directive<br />
91/628 EEC as amended by Council Directive 95/29 EC.<br />
3. Obligatory unloading at staging point not planned - Route plan not duly drawn up regarding<br />
journey times and rest periods<br />
It was not programmed to unload and rest the horses for at least 24 hours at an authorized staging<br />
point after a maximum of 24 hours of transport. The indicated estimated journey time of 23 hours<br />
is unrealistic for a transport of 2.140 km. At the maximum permitted speed of 80 km/h the journey<br />
time would be nearly 27 hours. The time for stops during transport must be added to this. A<br />
realistic journey time for this distance (under normal circumstances, without delays due to a<br />
blocked highway as in this case) is therefore at least 32 hours.<br />
This constitutes a violation of Art. 5, section A, paragraph 2, lit. b and lit. d, first indent of<br />
Council Directive 91/628 EEC as amended by Council Directive 95/29 EC, as well as a<br />
violation of Art. 3, paragraph 1, lit. aa, second indent of Council Directive 91/628 EEC as<br />
amended by Council Directive 95/29 EC in connection with Chapter VII, point 4, lit. c and<br />
Chapter VII, point 5 of the Annex.<br />
4. Exceeded maximum journey time very likely<br />
It is required that horses be unloaded after a maximum journey time of 24 hours to be rested, fed<br />
and watered for at least 24 hours before continuing journey. When the Animals’ Angels team<br />
observed the truck on 27.01.06 at 17:00 the horses had already been on board for 23 hours. The<br />
remaining distance to destination was 1.434 km. According to the drivers they planned to continue<br />
transport directly to destination, without unloading the horses for rest. No programmed staging<br />
point was indicated on the route plan. Therefore, it is very likely, that the transport was in fact<br />
carried out directly to destination. Given the remaining distance the remaining journey time was<br />
approx. 22 hours.<br />
This constitutes a violation of Art. 3 paragraph 1, lit. aa, second indent of Council Directive<br />
91/628 EEC as amended by Council Directive 95/29 EC in connection with Chapter VII, point<br />
4, lit c and point 5 of the Annex.<br />
________________________________________________________________________<br />
Place and date of report: Freiburg, 25.02.2006 © Copyright Animals’ Angels e.V.<br />
29
5. Unsuitable partition installed<br />
Transport of horses from Spain to Italy, 27.01.2006<br />
Partitions must be constructed in a way, which must not cause any injuries to the animals.<br />
The truck was equipped with a partition, which does represent a risk for the animals’ health, as it<br />
consisted of vertical and horizontal bars, where the horses could easily remain stuck with their<br />
legs.<br />
This constitutes a violation of Art. 5, section A, paragraph 1, lit. c of Council Directive<br />
91/628 EEC as amended by Council Directive 95/29 EC in connection with Chapter I, point<br />
2, lit. c of the Annex.<br />
Footage taken: yes<br />
Unsuitable partition installed in truck<br />
________________________________________________________________________<br />
Place and date of report: Freiburg, 25.02.2006<br />
© Copyright Animals’ Angels e.V. 30
Transport of pigs from Spain to Italy, 27.01.2006<br />
TRANSPORT <strong>OF</strong> PIGS <strong>FROM</strong> SPAIN TO ITALY (Sicily)<br />
Transport company: LE VERDI MADONIE (Italy)<br />
27.01.2006<br />
Date and time of first observation of truck: 27.01.2006 / 15:00<br />
Place of first observation of truck: highway A8, near exit Fréjus, France<br />
Note: The highway is blocked by French police due to<br />
a snow storm in Italy. No truck is allowed to continue<br />
to Italy from approx. 23:00 o’clock of 26.01.06 to<br />
16:15 o’clock of 27.01.05. After this the trucks<br />
gradually continue their journey.<br />
Outside temperature at this place: 5° Celsius<br />
Journey time so far: 21 hours (acc. to drivers this includes 11 hours of<br />
waiting at Fréjus)<br />
Remaining distance to destination: 1.608 1 km<br />
Distance from place of departure to<br />
place of destination: 2.386 1 km<br />
I. FACTS FOUND and INFORMATION RECEIVED<br />
1. Dates of Transport company / lorry / driver(s)<br />
Name of transport company: Le Verdi Madonie<br />
Address (note: this address is taken from the internet): C.da San Antonio, 90010 Geraci Siculo (PA),<br />
Italy<br />
Name of Driver 1 and 2: unknown<br />
License plates: Italian license plate: CW 520 NL / AD 35249<br />
Description of the lorry: green cab with silver one-compartment truck<br />
2. Information on transport given by the driver:<br />
Place of loading: near Binefar (Spain)<br />
Place of destination: near Palermo (Sicily, Italy)<br />
Estimated time of journey: 35 hours (this refers to normal circumstances, i.e. without delays<br />
due to a blocked highway as today)<br />
Planned unloading / stops: none<br />
Others: - the company carries out pig transports from Spain to Sicily on a<br />
regular basis and never unloaded the animals at a staging point after<br />
the maximum journey time of 24 hours. Also today they do not plan to<br />
unload at a staging point.<br />
- drivers claim to have arrived at Fréjus (France), where trucks were<br />
blocked by police (due to a snow storm in Italy) on 27.01.2006 at<br />
04:00 o’clock.<br />
3. Information on transport taken from the route plan:<br />
Transport company: Le Verdi Madonie<br />
Place of departure: Nacha Baells (Spain)<br />
Place of destination: Collesano (Sicily, Italy)<br />
1<br />
Calculation according to ACAC RoutenPlaner, edition 2005/2006<br />
________________________________________________________________________<br />
Place and date of report: Freiburg, 24.02.2006 © Copyright Animals’ Angels e.V. ……<br />
31
27.01.06<br />
16:15<br />
French police starts to gradually let the blocked trucks continue journey.<br />
Transport of pigs from Spain to Italy, 27.01.2006<br />
Date and time of departure: 26.01.06, 18:00<br />
Programmed staging point: not indicated<br />
Estimated journey time: “menos 24 hours” (less than 24 hours)<br />
Number of health certificate: in this field it is written “22-12-3266” (note: this is not the number of<br />
the INTRA certificate, but the number of local reference (field I.2.a of<br />
INTRA certificate)<br />
4. Description of loading situation and condition of the animals:<br />
Species: pigs<br />
Levels: 3<br />
Impression of loading density: considering the low temperatures loading density is acceptable<br />
Watering devices: nipples installed, but no water coming out from the nipples<br />
Bedding: insufficient, pigs lie directly on metal floor<br />
5. Further observations<br />
16:50<br />
The observed pig truck of the company Le Verdi Madonie continues journey.<br />
18:00<br />
Truck stops for several minutes near Antibes (highway A 8, France). According to the time of<br />
departure indicated on the route plan (26.01.06, 18:00) the pigs are now for exactly 24 hours on<br />
board the truck and consequently should be unloaded now for at least 24 hours to rest before<br />
journey is continued. The drivers state, however, that they will go straight to destination –<br />
without unloading at a staging point. The remaining distance to destination is still 1.565 km.<br />
The Animals’ Angels team does no longer follow this truck, because it is decided to trail another, more<br />
problematic livestock transport, which was also among the trucks waiting on the blocked highway A8.<br />
6. Arrival at destination<br />
Date & Time of arrival: unknown<br />
With regard to the remaining distance to destination (1.565 km) the remaining transport time is approx.<br />
24 hours.<br />
II. CONCLUSIONS<br />
1. Deficient veterinary checks at place of departure in Spain<br />
The veterinary service (Tamarite de Litera) at place of departure in Spain should not have<br />
authorized this transport as the transport was not in compliance with relevant legislation.<br />
1.1 Regarding accompanying documents<br />
The veterinary service in Spain did not verify the estimated journey time (please see point<br />
II.3). By the fact that the veterinary service in Spain stamped a route plan, which indicated a<br />
non realistic estimated journey time and which did consequently not indicate the obligatory<br />
unloading at a staging point during transport, it supported a false statement made by the<br />
transporter. This constitutes a violation of Council Directive 96/93/EC on the certification<br />
of animals and animal products. The competent Spanish authority did not take all<br />
necessary steps to ensure the integrity of certification as required in Art. 4 of Council<br />
Directive 96/93/EC.<br />
________________________________________________________________________<br />
Place and date of report: Freiburg, 24.02.2006 © Copyright Animals’ Angels e.V. ……<br />
32
Transport of pigs from Spain to Italy, 27.01.2006<br />
1.2 Regarding insufficient bedding material<br />
It must be presumed that the veterinary service in Spain was either not present during loading<br />
operations or did not pay the necessary attention to the requirement to use appropriate<br />
bedding. (please see point II.6).<br />
2. Undue suffering caused<br />
The animals were transported in a way which caused them undue suffering as<br />
- the permitted journey time was exceeded<br />
- the pigs did not have continuous access to water<br />
- the bedding was completely insufficient.<br />
This constitutes a violation of Art. 5, paragraph 1, lit. b of Council Directive 91/628 EEC as<br />
amended by Council Directive 95/29 EC.<br />
3. Obligatory unloading at staging point not planned - Route plan not duly drawn up regarding<br />
journey times and rest periods<br />
It was not programmed to unload and rest the pigs for at least 24 hours at an authorized staging<br />
point after a maximum of 24 hours of transport. The indicated estimated journey time of “less than<br />
24 hours” is entirely unrealistic for a transport of 2.386 km. At the maximum permitted speed of 80<br />
km/h the journey time would be nearly 30 hours. The time for stops during transport must be<br />
added to this. A realistic journey time for this distance (under normal circumstances, without<br />
delays due to a blocked highway as in this case) is therefore approx. 35 hours.<br />
This constitutes a violation of Art. 5, section A, paragraph 2, lit. b and lit. d, (i) first indent of<br />
Council Directive 91/628 EEC as amended by Council Directive 95/29 EC, as well as a<br />
violation of Art. 3, paragraph 1, lit. aa, second indent of Council Directive 91/628 EEC as<br />
amended by Council Directive 95/29 EC in connection with Chapter VII, point 4, lit. b and<br />
Chapter VII, point 5 of the annex.<br />
4. Exceeded maximum journey time very likely<br />
It is required that pigs be unloaded after a maximum journey time of 24 hours to be rested, fed and<br />
watered for at least 24 hours before continuing journey. When the Animals’ Angels team on<br />
27.01.06 at 18:00 the pigs had already been on board the truck for 24 hours. The remaining<br />
distance to destination was 1.565 km. According to the drivers they planned to continue transport<br />
directly to destination, without unloading the pigs for rest. No programmed staging point was<br />
indicated on the route plan. Therefore, it is very likely, that the transport was carried out directly to<br />
destination. Given the remaining distance the remaining journey time was approx. 24 hours.<br />
This constitutes a violation of Art. 3 paragraph 1, lit. aa, second indent of Council Directive<br />
91/628 EEC as amended by Council Directive 95/29 EC in connection with Chapter VII, point<br />
4, lit b and point 5 of the Annex.<br />
5. No continuous access to water<br />
For transports of pigs continuous access to water is required, if the journey time exceeds 8 hours.<br />
This requirement was not respected as during observation no water was coming out from the<br />
water nipples.<br />
This constitutes a violation of Art. 3, paragraph 1, lit. aa, second indent of Council Directive<br />
91/628 EEC as amended by Council directive 95/29 EC in connection with Chapter VII, point<br />
4, lit. b of the annex, as well as a violation of Art. 1 of Council Regulation (EC) 411/98 in<br />
connection with number 6.2 of the annex.<br />
________________________________________________________________________<br />
Place and date of report: Freiburg, 24.02.2006 © Copyright Animals’ Angels e.V. ……<br />
33
6. Insufficient bedding material<br />
Transport of pigs from Spain to Italy, 27.01.2006<br />
For transport of animals exceeding 8 hours it is required that there is sufficient bedding on the<br />
floor of the vehicle. In the present case the pigs were not provided with appropriate bedding<br />
material to ensure adequate absorption of urine and dung and to guarantee their comfort. The<br />
quantity of bedding must also depend on the weather conditions; in consideration of the low<br />
temperatures (5°Celsius at time of first observation) the bedding material would have also been<br />
needed to keep the pigs warmer.<br />
This constitutes a violation of Art. 5, section A, paragraph 1, lit. c of Council Directive<br />
91/628 EEC as amended by Council Directive 95/29 EC in connection with Chapter VII, point<br />
3, first indent of the Annex, as well as a violation of Art. 1 of Council Regulation (EC) 411/98<br />
in connection with number 1 of the Annex.<br />
Christine Hafner<br />
Animals’ Angels<br />
________________________________________________________________________<br />
Place and date of report: Freiburg, 24.02.2006 © Copyright Animals’ Angels e.V. ……<br />
34
Transport of pigs from Spain to Italy 27.01.2006<br />
TRANSPORT <strong>OF</strong> PIGS <strong>FROM</strong> SPAIN TO ITALY<br />
Transport Company: SIAM Allevamenti srl. (Italy)<br />
27.01.2006<br />
Date & time of first contact with the lorry: 27.01.06 / 19:00 h<br />
Place of first contact with lorry: Spain, gas station at La Jonquera<br />
Distance between place of departure<br />
and destination is: 1.373 km 1<br />
Outside temperature: 1°C<br />
I. FACTS / INFORMATION RECEIVED<br />
1. Dates of transport company / lorry / driver(s)<br />
Name of transport company: SIAM ALL S.R.L.<br />
Address: Via Brugnola 4, Bettona, (Italy)<br />
Name of Drivers: 2 drivers<br />
License plates: CC 330 JX/ AD 43486<br />
Description of the lorry: white cab, grey lorry and trailer<br />
2. Information from the driver<br />
The water tank was not filled at the place of departure because of the low temperatures.<br />
3. Information taken from the documents<br />
3.1. Information taken from the Intracommunity Certificate:<br />
Number of health certificate: INTRA.ES.2006.0002027<br />
Local ref.nb: 07/006<br />
Local competent authority: 1125309 Lérida, (Catalonia, Spain)<br />
Number of animals: 180 pigs for slaughter<br />
Transporter: Siam All.SRL, Nb. of authorisation 2517750549<br />
Exporter/ Sender: Distributions Banyoles SL, C/Canat, 17820 Banyoles<br />
(Girona), Spain<br />
Importer: Siam Allevameti SRL, Via Brugnola, 4- Carreto Basso,<br />
06084 Bettona, Italy<br />
Place of origin: Agropecuaria Masbernat S.C.P.,<br />
35440 Juneda,(Catalonia Spain)<br />
Place of departure: 35440 Juneda,( Catalonia, Spain)<br />
Date and time of departure: 27.01.2006, 13.00 h<br />
Destination: SIAM ALL S.R.L., Author.nb: 361 ILI<br />
Estimated time of journey: 0 hours<br />
Route plan: indicated: No<br />
Veterinary service,<br />
which issued the documents: Oficina Comarcal de las Garrigues, Generalitat de<br />
Catalunya, Department d´Agricultura, Ramadaria i<br />
Pesca<br />
Name of vet: not legible<br />
1 According to „ADAC Routenplaner“, edition 2005/2006<br />
Place and date of report: Freiburg, 01.03.2006 © Copyright Animals’ Angels e.V.<br />
35
Transport of pigs from Spain to Italy 27.01.2006<br />
3.2. Information on transport taken from the Route plan:<br />
The route plan was blank, except for the stamp of the transport company, the “INTRA”<br />
number, the signature of the veterinarian and the stamp of the veterinary service. The<br />
driver started to fill out some of the missing information at the time of our observation (*).<br />
Transporter: Stamp of “SIAM ALL S.R.L.”<br />
Place of departure Juneda (*)<br />
Date and time of departure: 27.01.2006, 16.00 h (*)<br />
Place of destination: Perugia, Italia (*)<br />
Estimated time of journey: 24 hours (*)<br />
Route: Juneda, Jonquera, Ventimiglia, Firenze, Perugia (*)<br />
Planned unloading / stops: nothing indicated<br />
Veterinary service,<br />
which issued the documents: Oficina Comarcal de las Garrigues,<br />
Generalitat de Catalunya, Department d´Agricultura,<br />
Ramadaria i Pesca<br />
Name of the vet : see photo<br />
4. Description of loading situation and condition of the animals<br />
Species: pigs<br />
Levels: 3 levels<br />
Impression of loading density: ok<br />
Watering devices: yes, but no water<br />
Bedding: sawdust<br />
Dividers: yes<br />
Ventilation: yes<br />
Injured animals: no<br />
Sick animals: no<br />
Dead animals: no<br />
Impression of the animals: ok condition<br />
5. Further observations/ information<br />
We took footage of the driver, filling out the blank route plan.<br />
II. VIOLATIONS<br />
1. Deficient veterinary check at the place of departure in Spain<br />
The veterinary service at the place of departure in Spain (1125309 Lérida) should not have<br />
authorized this transport by signing the accompanying documents since the transport contravened<br />
existing legislation.<br />
1.1. Regarding the accompanying documents<br />
The veterinary service at the place of departure in Spain (Oficina Comarcal de las Garrigues,<br />
1125309 Lérida, Catalonia) handed the transport company an - except for the stamp of<br />
veterinary service, the signature of veterinarian and number of health certificate - blank route<br />
plan out.<br />
This constitutes a violation of Art. 5, section A, paragraph 2, lit. b. and c of Council<br />
Directive 91/628 ECC as amended by Council Directive 95/29 EC, which requires that<br />
the route plan is duly drawn up. Furthermore a violation of Art.8, lit. d.) of Council<br />
directive 91/629/EEC as amended by Council directive 95/29 EC<br />
Place and date of report: Freiburg, 01.03.2006 © Copyright Animals’ Angels e.V.<br />
36
Transport of pigs from Spain to Italy 27.01.2006<br />
Furthermore it represents a violation of Council Directive 96/93EC on the certification of<br />
animals and animal products. The competent Spanish authority did not take the<br />
necessary steps to ensure the integrity of certification as required in Art. 4 of Council<br />
Directive 96/93EC.<br />
The above mentioned veterinary service did not make sure that the Intra communitarian<br />
certificate was filled in correctly. For the transport from Spain to Italy the estimated journey<br />
time of 0 hours was indicated.<br />
This represents a violation of Council Directive 96/93EC on the certification of animals<br />
and animal products. The competent Spanish authority did not take the necessary<br />
steps to ensure the integrity of certification as required in Art. 4 of Council Directive<br />
96/93EC.<br />
1.2. Regarding inadequate transport conditions. (please see point 2. – 3. )<br />
This constitutes a violation of Art. 5, section A, paragraph 1, lit.b and lit. c, of Council<br />
directive 91/629/EEC as amended by Council directive 95/29 EC<br />
2. Undue suffering caused<br />
Undue suffering was caused to the animals due to inadequate transport conditions.<br />
This constitutes a violation of Art. 5, paragraph 1, lit. b of Council Directive 91/628 EEC as<br />
amended by Council Directive 95/29 EC.<br />
3. No permanent access to water for the pigs<br />
For journeys more than 8 hours pigs have to have permanent access to water. On this transport<br />
no water was available for the pigs.<br />
This constitutes a violation of Art. 3, paragraph 1, lit. aa, second indent of Council Directive<br />
91/628 EEC as amended by Council directive 95/29 EC in connection with Chapter VII, point<br />
4, lit. b of the annex, as well as a violation of Art. 1 of Council Regulation (EC) 411/98 in<br />
connection with number 6.2 of the annex.<br />
III. Photos of the accompanying documents<br />
Place and date of report: Freiburg, 01.03.2006<br />
© Copyright Animals’ Angels e.V. 37
Sign. Iris Baumgärtner<br />
Place and date of report: Freiburg, 01.03.2006<br />
Transport of pigs from Spain to Italy 27.01.2006<br />
© Copyright Animals’ Angels e.V. 38
Transport of pigs from Spain to Italy, 28.-29.01.2006<br />
TRANSPORT <strong>OF</strong> PIGS <strong>FROM</strong> SPAIN TO ITALY<br />
Transport company: INTERTRANS MONTALBAN (Spain)<br />
28. - 29.01.2006<br />
Date and time of first observation of truck: 28.01.2006 / 19:00 o’clock<br />
Place of first observation of truck: Spain, gas station at La Jonquera, next to highway A9<br />
Outside temperature at this place: 0°C<br />
Distance between place of departure<br />
and place of destination: 1.705 1 km<br />
I. FACTS FOUND and INFORMATION RECEIVED<br />
1. Dates of Transport company / lorry / driver(s)<br />
Name of transport company: Intertrans Montalban S.L. (registration no.: TRANSP-L-02)<br />
Address: Ctra. National km 240 113, 25100 Almacelles (Lleida), Spain<br />
Name of Driver: Christian Liviu Salagean<br />
Name of Driver: unknown<br />
License plates: Spanish; 7258-BYM/ R-3230-BBK<br />
Description of truck: white cab, grey one compartment truck<br />
2. Information on transport given by the driver<br />
During the police control in Italy the drivers claim, that the pigs were loaded only “in the morning of<br />
28.01.06”.<br />
3. Information taken from the documents<br />
3.1. Information on transport taken from the Intra Community Health Certificate:<br />
Number of certificate: INTRA.ES.2006.0001749<br />
Local ref.nb: 22-12-3259<br />
Local Competent authority: 1100102 Huesca<br />
Number of animals: 180 pigs for slaughter<br />
Exporter/ Sender: PICBER SA<br />
Ricard Vinyes, 8, 25000 Lleida, Spain<br />
Importer: I.C.S. Industria Carni del Sud SRL,<br />
Loc.Pascarola Area ASI, 80023 Caivano, Italy<br />
Place of origin: BLANC S.C. (No. of authorisation: ES220250000021),<br />
22540 Altorricon<br />
Place of departure: 22540 Altorricon<br />
Date and time of departure: 27.01.06, 16:00 o’clock<br />
Destination: I.C.S. Industria Carni del Sud SRL,<br />
Loc.Pascarola Area ASI, 80023 Caivano, Italy<br />
Estimated time of journey: 20 hours<br />
Veterinary service,<br />
which issued the documents: Diputation General de Aragon, Unita vetrinaria locale: Huesca<br />
Name of vet: in the field “Name of official veterinarian (in printed letters)”<br />
there is written “Huesca” instead of a name; the signature<br />
itself is not legible<br />
1 The distances indicated in this report are calculated by using „ADAC RoutenPlaner“, edition 2005/2006<br />
______________________________________________________________________________________<br />
Place and date of report: Freiburg, 09.03.2006 © Copyright Animals’ Angels e.V. …….<br />
39
Transport of pigs from Spain to Italy, 28.-29.01.2006<br />
3.2. Information on transport taken from the route plan:<br />
Transporter: Intertrans Montalban S.L.<br />
Number of animals: 180 pigs<br />
Place of departure Altorricon (Huesca), (Spain)<br />
Date and time of departure: 27.01.06, 21:30 o’clock (the date is pre-stamped, the time<br />
is hand written)<br />
Place of destination: Caivano, (Italy)<br />
Estimated time of journey: 24 hours<br />
Route: Altorricon, La Jonquera, Montpellier, Niza, Genova, Firenze,<br />
Roma, Caivano<br />
Planned unloading / stops: no unloading planned<br />
Veterinary service,<br />
which issued the documents: Diputation General de Aragon, Unita veterinaria locale:<br />
Huesca<br />
Others: In the field “observations” of the route plan (field no. 22) it is<br />
written that due to “exceeded weight” only 170 pigs are loaded<br />
(note: in the appropriate field “number of animals” on route<br />
plan and health certificate “180 pigs” are indicated).<br />
Furthermore it is mentioned in the field “observations” that a<br />
stop was made do to the snow falls around Barcelona (Spain)<br />
and that the pigs were watered during this stop. After this it is<br />
stated that the pigs were loaded on 28.01.06; the departure<br />
time is not indicated. There is no stamp of the competent<br />
veterinary office to confirm this departure date, just the<br />
signature of the driver.<br />
4. Description of loading situation and condition of the animals<br />
Species: pigs<br />
Ear tags/ tattoos: no ear tags, but tattoos<br />
Levels: 3<br />
Impression of loading density: ok !<br />
Watering devices: existing, but no water in tank<br />
Bedding: especially on the first level pigs are standing in manure (several<br />
centimetres high), there is no bedding visible on the first floor;<br />
on the other decks there is some saw dust (dirty and wet with<br />
excrements), which is entirely insufficient to absorb the<br />
excrements.<br />
Dividers: yes<br />
Height/ Headspace: ok<br />
Ventilation: only partly working<br />
Hurt animals: one pig injured at left hind leg, not able to put weight on it<br />
5. Further observations/Measures taken during the investigation<br />
Sat.,28.01.2006<br />
19:00 observations at La Jonquera (Spain): pigs on the first level are already lying in manure.<br />
21:00: lorry drives on the highway (A 9), direction France.<br />
Sun., 29.01.2006<br />
02:30: Stop at “Air de Cambarette Sud”, A8 (France), drivers sleep<br />
06:35: drivers continue on the A8 in direction Italy<br />
09:15: we call the police at Imperia/ Italy to stop and check the truck<br />
10:15: the lorry is stopped and escorted to the police station of Imperia<br />
Police check:<br />
Police Unit: Polizia Stradale Imperia<br />
Date and time: 29.01.06, from 10:15 on<br />
Place: Italy, headquarters of Imperia police<br />
Remaining distance to destination Caivano: 810 km (= at least 10 hour journey time)<br />
______________________________________________________________________________________<br />
Place and date of report: Freiburg, 09.03.2006 © Copyright Animals’ Angels e.V. …….<br />
40
Transport of pigs from Spain to Italy, 28.-29.01.2006<br />
Measures taken by police:<br />
- instruct the drivers to go to the EU staging point CE 12 PS, “La Posta” in 06060 Bettona (near<br />
Perugia) to unload and rest the pigs for 24 hours. Police makes a reservation at the staging<br />
point.<br />
- instruct the drivers to fill up the water tank.<br />
- contact the local veterinary service (A.S.L. no. 1 Imperiese); two veterinarians arrive at 11:30<br />
and check on the animals and the vehicle.<br />
- issue 6 fines of 3.098 Euros each (amounting to a total of 18.588 Euros) for the following<br />
violations:<br />
a) no bedding, floor of first deck covered with faeces/liquid<br />
b) empty water tank<br />
c) partly incomplete route plan, as no programmed staging point is indicated<br />
d) defects of the ventilation system<br />
e) no unloading after 24 hours of transport to rest the pigs<br />
f) manure and urine were poured on the street, since truck was not equipped with a<br />
system to collect the faeces / no equipment to check on animals on upper levels<br />
During the police/veterinary check the driver opens the first deck and lots of manure, liquid and dirt<br />
pours on the street.<br />
Truck leaves police headquarters and goes in direction of the staging point near Perugia.<br />
19:15: Arrival at the staging point “La Posta”.<br />
167 pigs are unloaded. This number does not correspond to the route plan, nor to the health<br />
certificate.<br />
The majority of pigs is in good health condition. Some are very exhausted and lie down in the thick<br />
wood chips of the stables immediately. One pig has problems with her left hind leg (the leg is of a dark<br />
red colour); she is not able to put any weight on it and is therefore separated.<br />
Mon., 30.01.06,<br />
11:00: the official vet checks on the pigs and gives permission to load all of them at 19:30 tonight. The<br />
injured pig is still limping a bit, but has clearly recovered overnight.<br />
II. CONCLUSIONS<br />
1. Insufficient veterinary checks at place of departure in Spain<br />
The veterinary service (1100102 Huesca) at place of departure in Spain did not check properly on<br />
the accompanying documents and on the transport conditions.<br />
1.1 Regarding accompanying documents<br />
The time of departure indicated on the health certificate (16:00 o’clock, 27.01.2006) differs<br />
from the one indicated in the appropriate field on the route plan (21:30 o’clock, 27.01.2006).<br />
This constitutes a violation of Council Directive 96/93/EC on the certification of animals<br />
and animal products. The competent Spanish authority did not take all necessary steps<br />
to ensure the integrity of certification as required in Art. 4 of Council Directive 96/93/EC.<br />
Art. 5, section A, paragraph 2, lit. c of Council Directive 91/628 EEC as amended requires that<br />
the competent authority (in this case the certifying veterinary officer) draws up the health<br />
certificate only after the route plan has been submitted by the transporter. Provided that this<br />
was the case, it is not understandable, why the times of departure differed.<br />
Furthermore the name of the certifying officer is not written – as required - in printed letters on<br />
the health certificate, which makes is difficult to link the certificate to the certifying officer.<br />
______________________________________________________________________________________<br />
Place and date of report: Freiburg, 09.03.2006 © Copyright Animals’ Angels e.V. …….<br />
41
Transport of pigs from Spain to Italy, 28.-29.01.2006<br />
1.2 Regarding insufficient bedding<br />
It must be presumed that the veterinary service in Spain was either not present during loading<br />
operations or did not pay the necessary attention to the requirement to use appropriate<br />
bedding. (please see point II.5).<br />
2. Undue suffering of pigs<br />
The transporter transported the animals in a way which caused them undue suffering<br />
- as the permitted maximum journey time of 24 hours was exceeded<br />
- as the pigs did not have continuous access to water<br />
- as a pig with an insured hind leg was transported<br />
- as insufficient bedding was used to absorb the excrements and to guarantee the animals’<br />
welfare; in particular the pigs loaded on the first deck were standing in manure; also with<br />
regard to the low temperatures (0°Celsius at time of first observation) the animals should have<br />
been provided with an extra quantity of bedding.<br />
This constitutes a violation of Art. 5, section A, paragraph 1, lit. b of Council Directive<br />
91/628 EEC as amended by Council Directive 95/29 EC.<br />
3. Maximum permitted journey time exceeded<br />
After a maximum journey time of 24 hours pigs must be rested at an approved staging point for at<br />
least 24 hours before the transport is continued.<br />
It was not possible to verify beyond doubt the realistic date and time of departure, as the<br />
indications on route plan and health certificate differed from each other and both differed from the<br />
statement made by the drivers. Animals’ Angels therefore considers the date and time of<br />
departure as mentioned in the appropriate field on the route plan (field no. 8) as the information,<br />
which has to be relied on. The Italian police and veterinarians during the control in Italy also took<br />
this date and time as a reference. According to this the pigs were transported for over 36 hours at<br />
time of police control in Northern Italy and were still 810 km away from destination.<br />
As well, if the verbal statement of the drivers is taken into consideration, which was that the pigs<br />
were loaded “in the morning of 28.01.06”, the maximum permitted journey time of 24 hours, was<br />
already exceeded at time of police control in Northern Italy.<br />
The transporter did not unload and rest the pigs at an approved staging point after the maximum<br />
permitted journey time of 24 hours and he did not plan to do so, either.<br />
This constitutes a violation of Art. 3 paragraph 1, lit. aa, second indent of Council Directive<br />
91/628 EEC as amended by Council Directive 95/29 EC in connection with Chapter VII, point<br />
4, lit b and point 5 of the Annex.<br />
Animals’ Angels can confirm that on the 28.01.06 there were strong snow falls in the North-East<br />
part of Spain. It is therefore possible, as stated by the drivers, that several hours of delay were<br />
caused during transport due to the bad weather conditions there. The transport company,<br />
however, should have consequently taken the appropriate steps, which would have been to either<br />
return to the place of departure or to unload the pigs after the maximum journey time of 24 hours.<br />
Instead the transport company intended to continue the journey directly to destination.<br />
4. No continuous access to water<br />
For transport of pigs continuous access to water is required, if the journey time exceeds 8 hours.<br />
This requirement was not respected as the water tank of the truck was found to be empty.<br />
This constitutes a violation of Art. 3, paragraph 1, lit. aa, second indent of Council Directive<br />
91/628 EEC as amended by Council Directive 95/29 EC in connection with Chapter VII, point<br />
4, lit. b of the Annex, as well as a violation of Art. 1 of Council Regulation (EC) 411/98 in<br />
connection with number 6.2 of the Annex.<br />
______________________________________________________________________________________<br />
Place and date of report: Freiburg, 09.03.2006 © Copyright Animals’ Angels e.V. …….<br />
42
5. Insufficient bedding material<br />
Transport of pigs from Spain to Italy, 28.-29.01.2006<br />
For transport of animals exceeding 8 hours it is required that there is sufficient bedding on the<br />
floor of the vehicle. In the present case the pigs were not provided with appropriate bedding<br />
material to ensure adequate absorption of urine and dung and to guarantee their comfort. The<br />
quantity of bedding must also depend on the weather conditions; in consideration of the low<br />
temperatures (0°Celsius at time of first observation) and the snow falls the bedding material would<br />
have also been needed to keep the pigs warmer and to absorb the water resulting from the melted<br />
snow, that entered the compartments where animals were loaded. Especially the floor of the first<br />
deck of the truck was covered with faeces and water.<br />
This constitutes a violation of Art. 5, section A, paragraph 1, lit. c of Council Directive<br />
91/628 EEC as amended by Council Directive 95/29 EC in connection with Chapter VII, point<br />
3, first indent of the Annex, as well as a violation of Art. 1 of Council Regulation (EC) 411/98<br />
in connection with number 1 of the Annex.<br />
6. Truck not equipped with a system to collect excrements – excrements poured on the street<br />
This constitutes a risk to the spreading of diseases.<br />
III. OTHER ITEMS<br />
It is a well known fact that foreign transport companies in almost all cases do not pay the fines<br />
for violations of animal welfare during transport legislation issued in Italy against them. The<br />
fact that the transport company was fined with 18.588 Euros is therefore no incentive for the transport<br />
company to carry out legal transports in the future. Animals’ Angels therefore encourages the<br />
competent authorities of the Member States concerned as well as the Commission of the<br />
European Union to take appropriate action to solve this problematic.<br />
Footage taken: yes<br />
Faeces and water instead of bedding – this photo was Pigs covered in faeces and dirt<br />
taken after the driver had opened the door and most<br />
of the faces and water had already poured on the street<br />
______________________________________________________________________________________<br />
Place and date of report: Freiburg, 09.03.2006 © Copyright Animals’ Angels e.V. ……. 43
Iris Baumgärtner<br />
Animals’ Angels<br />
Water tank was found to be empty<br />
Transport of pigs from Spain to Italy, 28.-29.01.2006<br />
______________________________________________________________________________________<br />
Place and date of report: Freiburg, 09.03.2006 © Copyright Animals’ Angels e.V. ……. 44
Transport of horses from Spain to Italy, 26.02.2006<br />
TRANSPORT <strong>OF</strong> HORSES<br />
<strong>FROM</strong> NAVARRA (SPAIN) TO SICILY (ITALY)<br />
Transport company MAZAS (Spain/Portugal)<br />
26.02.2006<br />
Date & time of first contact with the lorry: 26.02.06 / 15.05 o’clock<br />
Place of first contact with lorry: parking lot on A 12, shortly after Genoa, Italy<br />
Outside temperature at this place: 12°C<br />
Total distance from place of departure<br />
to place of destination: 2.553 km 1<br />
I. FACTS / INFORMATION RECEIVED<br />
1. Dates of Transport Company / lorry / driver(s)<br />
Name of transport company: Ganados Mazas, Cumeiro – Vila de Cruces, Pontevedra, Spain,<br />
T +34 986 78 76 28; F +34 986 58 23 09, mobile 629 83 50 19<br />
Name of Driver 1: unknown (Brazilian)<br />
Name of Driver 2: unknown (Brazilian)<br />
Licence plates: R 0365 BBW / 3455 DVJ;<br />
Description of the lorry: silver one-compartment truck with gooseneck, type Pezzaioli, red<br />
tailgate; white IVECO cab with red inscription “Orlando” on the front,<br />
inscription on left door of cab “ Ganados Mazas, Cumeiro – Vila de<br />
Cruces, TLF 629 83 50 19 (Pontevedra);<br />
Measurements of the lorry: according to stickers on the lorry: 32 m² for deck 1-3;<br />
2. Information on transport taken from the documents<br />
2.1. Route plan<br />
Transport company: Transportes Mazas Lda, Vila Nova de Cerveira, Portugal,<br />
C.I.F. P -506603997<br />
Vehicle: lorry 3455 DVJ; R – 3455 BBW and 8678 XR; R – 2339 BBJ<br />
Species: equines<br />
Number of animals: 30<br />
Place of departure: Tajonar (Navarra)<br />
Itinerary: Tajonar, La Jonquera, Ventimiglia, Firenze; Roma, Napoli; Santa<br />
Agata li Battiati<br />
Estimated journey time: 24 hours<br />
Health certificate number: INTRA.ES.2006.0004259 (24.02.06)<br />
Stamp of veterinary service: Gobierno de Navarra, Sección Sanidad Animal<br />
Date and time of departure: 25.02.06; 23.30<br />
Person responsible<br />
during transport: Jose Da Rocha; Edson … unreadable.<br />
Staging point: no staging point programmed.<br />
Stops: stop of 1 hour, 26.02.06, 10 h, place unreadable; stop of 8 hours,<br />
26.02.06; 22 h, place unreadable.<br />
Signature of driver: yes<br />
1<br />
According to „ADAC Routenplaner“, edition 2005/2006<br />
_______________________________________________________________________<br />
Place and date of report: Cadiz, 16th March 2006 © Copyright Animals’ Angels e.V. …..<br />
45
Transport of horses from Spain to Italy, 26.02.2006<br />
2.2. INTRA<br />
Sender: Equipirenaica, S.Coop., Ctra. Tarragona - S. Sebastian, km. 134;<br />
22500 Binefar, Spain<br />
Consignee: Orazio Cucé; Contrada Caramma, 95030 Sant Agata li Battiati,<br />
Catania, Italy (number of authorization: 045-CT-001)<br />
Veterinary service<br />
responsible: ES34014 Pamplona, Navarra<br />
Place of origin: Ganados Oromar, sl., 31192, Aranguren, Tajonar (number of<br />
authorization: ES310230000100)<br />
Place of loading: 31192 Aranguren<br />
Date and time of departure: 25.02.06; 9.00 h<br />
Vehicle: 8678 XR; R-2339 BBJ<br />
Transport company: Transportes Mazas Lda., Number of Authorisation: 66372003;<br />
Edificio Ilha dos Amores; Vilanova de Cerveira, 4920<br />
Campos_Vilanova de Cerveira, Portugal.<br />
Number of animals: printed: 1.0, written by hand 30<br />
Estimated journey time: 24 hours<br />
Route plan: route plan “yes” is written by hand.<br />
Identification of the animals: 30 foals with description<br />
Signing veterinary: Maria Concepción San Martín Casi<br />
2.3 CMR<br />
Transport company: Ganados Mazas, s.l., C.I.F. B – 36.256.147, Polígono Industrial<br />
“Lalin 2000”, Ciudad del Transporte, Parcela B – 5; 36500 Lalín,<br />
Pontevedra, T 986 – 78 76 28; F 986 78 76 31;<br />
Number of animals: 27<br />
Place and date of taking<br />
over the goods: Tajonar: 25.02.06<br />
3. Description of loading situation and condition of the animals<br />
Species: Young horses, heavy breed<br />
Condition of the animals: The horses seem to be tired. Almost all the animals have their head<br />
hanging down. The horses are extremely dirty.<br />
Levels: Two levels but the horses are only loaded on one deck.<br />
Impression of loading density: Not all horses have space to lie down.<br />
Loading density according<br />
indication (sticker) on the lorry: 32m² /: 1,2 = 26,66. = 26 young horses (up to 2 years) can be<br />
loaded on the lorry.<br />
Watering devices: The lorry is equipped with watering devices for cattle. They are<br />
turned off and several “bowls” are closed.<br />
Bedding: Insufficient and extremely dirty bedding. On the second level<br />
there is also dirty bedding (faeces). There is a strong smell of<br />
ammonia.<br />
Dividers: One divider in main body of the lorry (gap of approx. 25 cm between<br />
bottom of divider and floor, photo) and separation between<br />
gooseneck and main body<br />
Height/ Headspace: The headspace in the gooseneck is sufficient. In the main body the<br />
headspace is insufficient. Several horses touch the ceiling<br />
permanently. All horses are hindered from standing in their<br />
natural position since they cannot raise their heads without<br />
hitting the ceiling.<br />
Ventilation: yes<br />
Temperature inside the lorry: ---<br />
Hurt animals: one horse has a swollen eye. The eye is completely closed. There<br />
are scratches around the eye.<br />
Sick animals: ---<br />
Dead animals: ---<br />
_______________________________________________________________________<br />
Place and date of report: Cadiz, 16th March 2006 © Copyright Animals’ Angels e.V. …..<br />
46
Transport of horses from Spain to Italy, 26.02.2006<br />
Gap between bottom of divider and floor extremely dirty bedding<br />
5. Information given by the drivers<br />
- According to the drivers the time of departure was the 25.02.06 at 18.00 h.<br />
- According to the drivers the horses were not watered during the journey.<br />
6. What happened<br />
The lorry takes highway A11 in direction of Florence.<br />
17:40 h: At Florence the lorry takes highway A1 in direction of Rome.<br />
18:00 h: We call police “Polizia Autostradale Arezzo”.<br />
18:38 h: The Police stop truck at a gas station shortly before exit for Arezzo.<br />
19:30 h: The lorry leaves gas station and is escorted by police to their headquarters (at exit Arezzo).<br />
19:52 h: Arrival at police headquarters.<br />
The police check on the documents and on the horses on the lorry. They also check if there are more<br />
animals or goods loaded on the second deck. According to the officer who checked on the situation on<br />
the second deck there were not any animals or goods but dirty bedding.<br />
The police find out that according to the discs of the drivers the time of departure must have been<br />
25.02.06 at 10.00 h. Therefore at the time when police stopped them the journey has already<br />
lasted 32.5 hours. Consequently the allowed maximum journey time of 24 hours is already<br />
exceeded by 8.5 hours and the horses are still 978 km away from destination.<br />
The police give order to unload the horses at the nearest staging point (CE 12/PS, La Posta,<br />
Carlo Caponi, Autotrasporti, Passaggio di Bettona, Perugia) and issue a fine of Euro 3.098,00.<br />
22:20 h (5°Celsius): Arrival at staging point “La Posta”. The horses are unloaded. All horses seem to<br />
be o.k. Exiting the lorry a lot of horses raise their heads and hit the second deck.<br />
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Place and date of report: Cadiz, 16th March 2006 © Copyright Animals’ Angels e.V. …..<br />
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Horses hitting their heads on the second deck<br />
Horses unloaded at the staging point “La Posta”, Bettona<br />
II. VIOLATIONS:<br />
Transport of horses from Spain to Italy, 26.02.2006<br />
1. Deficient veterinary checks at place of departure in Spain and deficient accompanying<br />
documents<br />
The veterinary service (ES34014 Pamplona) at place of departure in Spain should not have<br />
authorized this transport by signing the accompanying documents as the transport contravened<br />
existing legislation.<br />
1.1. Regarding accompanying documents<br />
The veterinary service in Spain issued and signed deficient accompanying documents.<br />
The following irregularities were detected:<br />
- The Spanish veterinary service did not verify the estimated journey time. (see point 3)<br />
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Place and date of report: Cadiz, 16th March 2006 © Copyright Animals’ Angels e.V. …..<br />
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Transport of horses from Spain to Italy, 26.02.2006<br />
- Obligatory unloading at a staging point not planned - Route plan not duly drawn up (see<br />
point 3)<br />
- Both certificates (route plan and “INTRA” ) indicated that 30 horses were loaded onto the lorry.<br />
( in this case the lorry would have been overloaded with 4 horses)<br />
- On both certificates two different times of departure were indicated<br />
- The license plates indicated on the documents did not correspond to the license plate of the<br />
lorry on which the horses were transported.<br />
This constitutes a violation of Council Directive 96/93/EC on the certification of animals and<br />
animal products.<br />
The irregularities found on the route plan (see point 3) also constitute a violation of Art. 5,<br />
section A, paragraph 2, lit. b, c and lit. d, (i) first indent of Council Directive 91/628 EEC as<br />
amended by Council Directive 95/29 EC.<br />
Furthermore an unauthorized transport company was indicated on the accompanying documents.<br />
On both certificates the wrong address of the transport company was indicated since the<br />
Portuguese company “Mazas” has no authorization to transport live animals.<br />
This represents a violation of Art. 5, section A, paragraph 1, lit. a.) i.) of Council Directive<br />
91/628 EEC as amended by Council Directive 95/29 EC. Furthermore it represents a<br />
violation of Council Directive 96/93 EC.<br />
1. 2. Regarding inadequate transport conditions (See point 2. -3. and 6. - 10.)<br />
2. Undue suffering caused and transportation in a way which could cause injuries to the<br />
animals<br />
Undue suffering was caused to the horses due to inadequate transport conditions.<br />
This represents a violation of Art. 5, paragraph 1, lit. b of Council Directive 91/628 EEC as<br />
amended by Council Directive 95/29 EC.<br />
3. Obligatory unloading at staging point not planned - Route plan not duly drawn up regarding<br />
journey times and rest periods<br />
It was not programmed to unload and rest the horses for at least 24 hours at an authorized staging<br />
point after a maximum of 24 hours of transport. The indicated estimated journey time of 24 hours<br />
is unrealistic for a transport of 2,553 km (Aranguren – Sant Agata li Battiati, via La Jonquera). If<br />
going constantly at the maximum allowed speed of 80 km/h this transport would take 32 hours; to<br />
this time the stops for watering the horses and the breaks for the drivers must be added.<br />
This constitutes a violation of Art. 5, section A, paragraph 2, lit. b and lit. d, first indent of<br />
Council Directive 91/628 EEC as amended by Council Directive 95/29 EC, as well as a<br />
violation of Art. 3, paragraph 1, lit. aa, second indent of Council Directive 91/628 EEC as<br />
amended by Council Directive 95/29 EC in connection with Chapter VII, point 4, lit. c and<br />
Chapter VII, point 5 of the annex.<br />
4. Exceeded journey times<br />
The transporter did not unload the horses after the maximum journey time of 24 hours at an<br />
authorized staging point for the required rest period of at least 24 hours. When the horses – after<br />
the intervention of the Animals’ Angels team – were unloaded at the staging point, they had<br />
already been on board the truck for 36.5 hours.<br />
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Place and date of report: Cadiz, 16th March 2006 © Copyright Animals’ Angels e.V. …..<br />
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Transport of horses from Spain to Italy, 26.02.2006<br />
This constitutes a violation of Art. 3 paragraph 1, lit. aa, second indent of Council Directive<br />
91/628 EEC as amended by Council Directive 95/29 EC in connection with<br />
Chapter VII, point 4, lit c and point 5 of the annex.<br />
5. Horses not watered after 8 hours of transportation<br />
According to the drivers the horses were not watered after 8 hours of transportation.<br />
This constitutes a violation of Art. 3 paragraph 1, lit. aa, second indent of Council Directive<br />
91/628 EEC as amended by Council Directive 95/29 EC in connection with<br />
Chapter VII, point 4, lit c.<br />
6. Exceeded loading density<br />
On health certificate and route plan 30 horses are indicated. On the CMR (International<br />
consignment note) 27 horses are indicated and indeed there are 27 loaded. Acc. to table in<br />
legislation the truck is overloaded by one horse only (32:1.2 = 26,666). Considering the length of<br />
the journey the horses should have been granted more space. Certainly the space was insufficient<br />
for all animals to lie down.<br />
This constitutes a violation of Art. 3, paragraph 1, lit. aa, first indent of Council Directive<br />
91/628 EEC as amended by Council Directive 95/29 EC in connection with Chapter VI,<br />
section A of the annex.<br />
7. Insufficient head space<br />
For several horses the ceiling height was insufficient. This prevented the animals from moving<br />
naturally.<br />
This constitutes a violation of Art. 3, paragraph 1, lit. a, first indent of Council Directive<br />
91/628 EEC as amended by Council Directive 95/29 EC in connection with Chapter I, section<br />
A, point 2, lit. b of the annex.<br />
8. Equines loaded on a lorry with more then one deck<br />
This represents a violation of Art. 3, paragraph 1, lit. a, first indent of Council Directive<br />
91/628 EEC as amended by Council Directive 95/29 EC in connection with Chapter I, section<br />
A, point 2, lit. h of the annex.<br />
9. Insufficient bedding<br />
This constitutes a violation of Art. 3, paragraph 1, lit. a, first indent of Council Directive<br />
91/628 EEC as amended by Council Directive 95/29 EC in connection with Chapter I, section<br />
A, point 5 of the annex.<br />
10. Partition placed which could cause injuries to the animals<br />
Inside the lorry a partition was placed which could cause injuries to the animals.<br />
This constitutes a violation of Art 3, number 1, lit a Council Directive 91/628 ECC as<br />
amended by Council Directive 95/29 in connection with Chapter 1, section A number 2 lit. c<br />
of the Annex.<br />
Julia Havenstein<br />
Animals Angels e.V.<br />
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Place and date of report: Cadiz, 16th March 2006 © Copyright Animals’ Angels e.V. …..<br />
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Transport of lambs from Spain to Italy, 27.-28.02.2006<br />
TRANSPORT <strong>OF</strong> LAMBS <strong>FROM</strong> SPAIN TO ITALY<br />
Transport company: MAES (Belgium)<br />
27.- 28.02.2006<br />
Date and time of first observation of truck: 28.02.06 / 07:20 o’clock<br />
Place of first observation of truck: Italy, highway A 10, approx. 70 km south-<br />
west of Genova<br />
Outside temperature at this place: 6° Celsius<br />
Journey time so far: 17h 20min. (on basis of departure time<br />
indicated on route plan)<br />
Distance from place of departure<br />
to place of first observation: 830 km 1<br />
Remaining distance to destination: 491 km 1<br />
Total distance from place of departure<br />
to place of destination: 1.321 km 1<br />
I. FACTS FOUND and INFORMATION RECEIVED<br />
1. Details of transport company / lorry / driver(s)<br />
Name of transport company: MAES Transport NV<br />
Address: Molenstraat 14 A, 8600 Pervijze, Belgium; authorisation no.: 320-<br />
03999<br />
Name of driver. Sinnaeve Betrand<br />
License plates: UTL 719 (articulated trailer)<br />
Description of the truck: grey/green articulated trailer (one-compartment truck) with gooseneck,<br />
silver cab, inscription on tailgate “Internvorhoer, Dirksnuide, Belgium,<br />
MAES, Tel.: 05155289, Fax: 05155389”.<br />
Surface of the truck: 132 m² (acc. to indications on the truck itself)<br />
2. Information on transport given by the driver<br />
Number of animals: 800<br />
Place of loading: Barcelona (Spain)<br />
Place of destination: Slaughterhouse at Foligno (Italy)<br />
Estimated time of journey: 22 hours<br />
Planned unloading: none<br />
Others: Driver admits that head space for the lambs on the first deck of the<br />
main body of the truck is insufficient.<br />
3. Information on transport taken from route plan and health certificate<br />
Number of health certificate: INTRA.ES.2006.0004434<br />
Number of local reference: ES/B/AP/007/2006<br />
License plate: KRM683 / UTL719<br />
Number of animals: 800 (300 female and 500 male lambs)<br />
Place of origin: Ganados Merinero Cabestany Sa, Cal Artigas Can Lleó, 08731 Sant<br />
Marti Sarroca (Spain), authorisation no.: 709 AE<br />
Loading place: 08731 Sant Marti Sarroca (Spain)<br />
Time of departure: 27.02.06 / 14:00 o’clock<br />
1<br />
Calculated according to ACAC RoutenPlaner, edition 2005/2006.<br />
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Place and date of report: Freiburg, 03.03.2006 © Copyright Animals’ Angels e.V. ……<br />
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Transport of lambs from Spain to Italy, 27.-28.02.2006<br />
Place of destination: Mascioli Carni Srl., Viale delle Croci 1, Annifo di Foligno, 06030<br />
Annifo (Italy), authorisation no.: IT 972<br />
Estimated journey time: 22 hours<br />
Planned unloading<br />
at staging point: not indicated (as not necessary)<br />
Sender/ Consigner: Ganados Merinero Cabestany Sa, Cal Artigas Can Lleó, 08731 Sant<br />
Marti Sarroca<br />
Buyer/ Consignee: Mascioli Carni Srl., Viale delle Croci 1, Annifo di Foligno 06030 Annifo<br />
(Italy)<br />
Veterinary service,<br />
which issued the documents: ES 23009 Barcelona (Spain);<br />
Name of vet: Imma Celaya Llover<br />
Others: On the route plan the number of the health certificate and the<br />
itinerary are not indicated.<br />
4. Description of loading situation and condition of the animals<br />
Species: Lambs<br />
Ear tags/ tattoos: 2 examples: ES-709:AE; SO-0141015<br />
Levels: Lambs loaded on 3 decks in goose-neck and on 4 decks in main body<br />
of truck; lambs in gooseneck are of a smaller size.<br />
Weight of lambs: Acc. to the papers the total weight of the lambs is 18.500 kg;<br />
consequently the average weight per lamb is 23,125 kg (18.500 /800)<br />
Impression of loading density: high, but considering the rather low temperatures and physical<br />
condition of the lambs loading density is still acceptable<br />
Loading density according to<br />
taken measurements: 0,165 m² per lamb (132m² / 800 lambs)<br />
Watering devices: Water nipples; 2 in each corner of the main body of the truck and at<br />
least 2 on one side of the main body of the truck; we cannot check the<br />
gooseneck for water nipples.<br />
Bedding: Insufficient quantity of saw dust. Saw dust does not cover the floor.<br />
Headspace: Headspace is insufficient for numerous lambs on the first deck of<br />
the main body of the truck (see photos). They touch the ceiling<br />
with their heads. On the first deck of the main body of the truck<br />
there is one partition not put in place, but fixed on the ceiling<br />
(see photo no. 2), which further reduces head and back space.<br />
The lambs placed under this partition even touch it with their<br />
backs. On the second deck of the main body there are only a few<br />
lambs for whom the headspace is insufficient. Sufficient ceiling<br />
height on all decks in the gooseneck.<br />
Partitions: several partitions are put in place<br />
Sick animals: several lambs have eye discharge and dried crusts around the eyes;<br />
general health condition seems to be o.k.<br />
5. Happenings/Events<br />
28.02.06 / 07:20 o’clock<br />
We spot the truck on highway A 10, approx. 70 km south-west of Genova (Italy). It is going towards<br />
Genova, then switches to highway A12 in direction Livorno, then to highway A11 direction Firenze.<br />
Police control<br />
Police Unit: Polizia Stradale di Montecatini<br />
Date and time: 28.02.06; 10:45 – 12:15 o’clock<br />
Place: highway A 11, police office at Montecatini, Italy<br />
Journey time till start of police control: 20h 45 min.<br />
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Place and date of report: Freiburg, 03.03.2006 © Copyright Animals’ Angels e.V. ……<br />
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Police calls the official veterinary service.<br />
Transport of lambs from Spain to Italy, 27.-28.02.2006<br />
Findings of veterinarians and police:<br />
Head space is insufficient on the first level of the main body of the truck. They give a warning to<br />
the driver.<br />
12:15<br />
Truck continues journey to destination.<br />
6. Arrival at destination<br />
Date and time of arrival: unknown; remaining distance to destination Annifo is 250 km; therefore the<br />
remaining transportation time is estimated to be 3,5 hours.<br />
II. CONCLUSIONS<br />
1. Deficient veterinary check at place of departure in Spain<br />
The veterinary service (ES 23009 Barcelona) at place of departure in Spain did not check properly<br />
on the accompanying documents and on the transport conditions.<br />
1.1 Regarding accompanying documents<br />
- The number of the health certificate is not indicated on the route plan<br />
- The itinerary is not indicated on the route plan<br />
This constitutes a violation of Council Directive 96/93/EC on the certification of animals<br />
and animal products. The competent Spanish authority did not take all necessary steps<br />
to ensure the integrity of certification as required in Art. 4 of Council Directive 96/93/EC.<br />
Furthermore it constitutes a violation of Art. 5, section A, paragraph 2, lit. b and c of<br />
Council Directive 91/628 EEC as amended, which requires that the route plan is duly<br />
drawn up and marked with the number of the health certificate.<br />
1.2 Regarding insufficient head space<br />
The insufficient head space endangered the welfare of the animals. The veterinary service at<br />
place of departure should have prevented the transport on 4 decks.<br />
It must be presumed that the veterinary service in Spain was either not present during loading<br />
operations or did not pay the necessary attention. (please see points II.2 and 3).<br />
2. Undue suffering caused<br />
During a transport of over 24 hours (included the time of 1,5 hours of the police/veterinary check)<br />
the lambs were prevented from standing in their natural position and from moving naturally due to<br />
the insufficient ceiling height. Sufficient air circulation was not guaranteed. Therefore the transport<br />
caused undue suffering to the animals.<br />
This represents a violation of Art. 5, section A, number 1, lit. b of Council Directive 91/628<br />
EEC as amended by Council Directive 95/29 EC.<br />
3. Insufficient head space / Insufficient ceiling height<br />
Numerous lambs on the fist deck of the main body of the truck touched the ceiling with their<br />
heads, some even with their backs.<br />
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Place and date of report: Freiburg, 03.03.2006 © Copyright Animals’ Angels e.V. ……<br />
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Transport of lambs from Spain to Italy, 27.-28.02.2006<br />
This constitutes a violation of Art. 3, paragraph 1, lit. a, first indent of Council Directive<br />
91/628 EEC as amended by Council Directive 95/29 EC in connection with Chapter I, section<br />
A, point 2, lit. b of the Annex.<br />
The lambs loaded in the main body of the articulated trailer should not have been<br />
transported on 4 levels, but only on 3 in order to guarantee enough head space.<br />
Footage taken: yes<br />
All pictures show the insufficient ceiling height for the lambs on the first deck of the main body of the<br />
truck.<br />
Photo 1<br />
Photo 2 Photo 3<br />
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Place and date of report: Freiburg, 03.03.2006 © Copyright Animals’ Angels e.V. …… 54
Photo 4 Photo 5<br />
Julia Havenstein<br />
Christine Hafner<br />
Transport of lambs from Spain to Italy, 27.-28.02.2006<br />
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Place and date of report: Freiburg, 03.03.2006 © Copyright Animals’ Angels e.V. …… 55