WRITTEN QUESTION E-2946/00

by Dirk Sterckx (ELDR) to the Commission

(19 September 2000)

Subject: Levying of import and export duty by the Belgian Trotting Federation upon imports and exports of horses

Apparently owners of trotting horses are required to pay duty to the Belgian Trotting Federation when they import or export them into or out of Belgium from or to another EU Member State. This may amount to as much as 300 for final and temporary import or export of a trotting horse. These costs are apparently pure import duties and do not represent the cost of issuing a health certificate for import and export as referred to in Directive 90/426/EEC(1) governing the movement of equidae.

Do not the above levies, which impede the free movement of equidae, violate the provisions of the above directive? If so, will the Commission take action to eliminate this barrier to trade? If not, under what provision or exemption in the relevant European directives can the Trotting Federation impose such levies?

(1) OJ L 224, 18.8.1990, p. 42.

Joint answer to Written Questions E-2945/00, E-2946/00 and E-2947/00 given by Mr Byrne on behalf of the Commission

(7 November 2000)

In its reply to the Honourable Member's Written Question E-1021/00, the Commission undertook to launch an inquiry with the authorities concerned. In addition, the framework of Community legislation on breeding of equidae was explained, demonstrating the rather limited competence the Commission has with regard to approval of breeding organisations and associations in the Member States.

Following the Commission's request, the German authorities officially informed the Commission that they had evaluated the studbook rules of the German Trotting Association (Hauptverband für Traber -Zucht und -Rennen e.V.) and consider these rules to be in accordance with the German law on animal breeding.

The official reply of the Belgian authorities is still pending, because in Written Question E-2946/00 reference is made specifically to the Belgian Trotting Federation (De Belgische Draffederatie) which was, according to information received from the competent authorities so far, liquidated on 22 January 1997 and lost its official approval on 7 February 1997.

Furthermore, the levies mentioned in Written Questions E-2946/00 and E-2947/00 are declared as a registration fee. The levies required for registration procedures both in Belgium and Germany clearly do not fall under Community legislation, but constitute a part of the internal procedures of the associations in question and do not discriminate against breeders in other Member States. The higher registration fees for imported and exported horses reflect the additional services provided to the associated breeders to guarantee an uninterrupted identity of the horses dispatched to or imported from another Member State.

The trotting organisations in both Germany and Belgium are not entitled to issue animal health certificates in accordance with Council Directive 90/426/EEC of 26 June 1990 on animal health conditions governing the movement and import from third countries of equidae(1). Animal health certification is the competence of the official veterinary services. Additional health requirements for the registration of horses or their approval as breeding animals are not subject to Community legislation.

(1) OJ L 224, 18.8.1990.