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INVESTIGATION INTO TRANSPORTS OF LIVE ANIMALS FROM ...

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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 />

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