EN Official Journal of the European Communities L 192/63

COMMISSION DECISION

of 11 June 1992

laying down the criteria for the approval or recognition of organizations and associations which maintain or establish stud-books for registered equidae

(92/353/EEC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Directive 90/427/EEC of 26 June 1990 on the zootechnical and genealogical conditions governing intra-Community trade in equidae (1), and in particular Article 4 (2) (a) thereof,

Whereas in all Member States' stud-books are maintained or established either by organizations or associations or by official departments; whereas, therefore, it is necessary to lay down the criteria for the approval or recognition of the said organizations and associations;

Whereas, in accordance with Article 4 (1) (a) of Directive 90/427/EEC, the criteria laid down must make it possible to ensure that approved or recognized organizations or associations comply with the principles laid down by the organization or association which maintains the stud-book of the origin of the breed;

Whereas the application for approval or recognition must be submitted by the organization or association to the competent authorities of the Member State in whose territory its headquarters are situated;

Whereas when an organization or association meets certain criteria and has defined targets, it must be officially approved or recognized by the authorities of the Member State to which it has applied;

Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Zootechnics,

HAS ADOPTED THIS DECISION:

Article 1

In order to be officially approved or recognized, organizations or associations which maintain or establish stud-books must submit an application to the authorities of the Member State in whose territory their headquarters are situated.

Article 2

1. The authorities of the Member State concerned must grant official approval or recognition to any organization or association which maintains or establishes a stud-book, provided it meets the conditions laid down in the Annex.

2. However, in a Member State where one or more officially approved or recognized organizations or associations already exist in respect of a given breed, the authorities of that Member State may refuse to recognize a new organization or association:

— if it endangers the preservation of the breed or jeopardizes the operation or the improvement or selection programme of an existing organization or association, or

— if equidae of that breed may be entered or registered in a specific section of a stud-book maintained by an organization or association which applies in particular for that section the principles laid down in accordance with point 3 (b) of the Annex by the organization or association which maintains the stud-book of the origin of that breed.

3. Member States shall inform the Commission of any official approval or recognition granted, as well as contested refusals.

4. Where an organization or association in a Member State is refused official approval or recognition, the reasons for the refusal must be communicated in writing to the association or organization.

Article 3

The authorities of the Member State in question shall withdraw official approval or recognition from any organization or association which maintains a stud-book if it no longer consistently meets the conditions laid down in the Annex.

Article 4

This Decision is addressed to the Member States.

Done at Brussels, 11 June 1992. For the Commission Ray MAC SHARRY Member of the Commission

(1) OJ No L 224, 18. 8. 1990, p. 55.