Federcaccia warns hunters who own dogs that the Tar has pronounced itself in favor of tail docking for particular needs, therefore NO to the absolute ban.
The FIDC sports office informs dog hunters that a few days ago the Lazio TAR accepted the appeal of some breed clubs, breeders and veterinarians for the cancellation of the caudotomy ban as governed by the Ordinance of 23 March 2011 of the Ministry of Health and which had already been suspended by the Regional Administrative Court a year ago.
The Administrative Court of Lazio ruled on the appeal for the annulment of the order "in the part in which it prohibits, in art. 2 lett. d), surgical interventions intended to modify the morphology of a dog or not aimed at curative purposes, as well as in letter e) the sale, display and marketing of dogs subjected to the surgery referred to in letter d) ".
The ordinance particularly affected breeds such as Spinoni, Bracchi Italiani, Kurzhaar, Drahthaar, Spinger Spaniel and others intended to carry out sporting and / or hunting activities and consequently breeders, trainers, dog lovers and owners of specimens belonging to these breeds, but also the same ones. veterinary doctors.
The TAR considered that the remarks made by the applicants referring to a contrast ("symptomatic of illegitimacy") of the provisions of the ordinance with the interpretative circular of the Minister of Health on 16.3.2011, issued to illustrate the European Convention of Strasbourg of 13.11.1987 (ratified by law n. 201/2010 and then entered into force in Italy on 1).
In the Minister's circular, "preventive caudotomy interventions, carried out by a veterinarian based on a justified and certified judgment of the same, are considered legitimate and permitted" on dogs engaged in certain work activities, as well as in those of a sporting-hunting nature often carried out in particular environmental conditions, such as areas of dense vegetation which, involving a high motor effort, notoriously expose the animal to the risk of fractures, wounds, and lacerations of the tail, with repercussions on the health and psycho-physical well-being of the animal ".
The Minister's circular is fully consistent, on the other hand, with Article 10 of the aforementioned European Convention, which, while generally prohibiting surgical interventions intended to modify the appearance of a pet for non-curative purposes, however, it allows them "if a veterinarian considers a non-curative intervention necessary both for reasons of veterinary medicine and in the interest of the animal".
The contested Ordinance had already been suspended by the Regional Administrative Court for lack of the conditions of urgency. In the matter of caudotomy, the provisions of the European Convention, ratified as law of the Italian State, therefore apply.
28 September 2012
Hunting Federation