WRITTEN QUESTION E-1826/02

by Luis Berenguer Fuster (PSE) to the Commission

(27 June 2002)

Subject: Spain's adaptation of the Directive on intra-Community trade in Equidae

Council Directive 90/427/EEC(1) of 26 June 1990 on zootechnical and genealogical conditions governing intra-Community trade in Equidae provides for studbooks to be maintained either by recognised organisations and associations, or by Member State official agencies.

Almost all the Member States have decided that studbooks will be maintained by organisations. Spain, however, has opted in favour of an official agency, which is also permitted by the Directive. The problems lies in the fact that, at present, a royal decree has been proposed for the autonomous body for the management of the horse-breeding service to be designated as the official agency, which strangely enough belongs to the Ministry of Defence and which is made up of military personnel, as if horse rearing was still dominated by the military, as it was in the past.

Does the Commission consider that the military aspect of the autonomous organisation could compromise breed conservation and the proper registration procedures?

(1) OJ L 224, 18.8.1990, p. 55.

Answer given by Mr Byrne on behalf of the Commission

(2 August 2002)

With reference to the question raised by the Honourable Member, the Commission wishes to refer to Council Directive 90/427/EEC of 26 June 1990 on the zootechnical and genealogical conditions governing intra-Community trade in equidae(1), and Commission Decision 92/353/EEC 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(2).

In accordance with Article 2(c) first indent of Directive 90/427/EEC a studbook is defined as a book, register, file or data medium maintained by an organisation or an association officially approved or recognized by a Member State or by an official agency (service) of the Member State concerned. Such approval or recognition may be extended to a military body if it meets the required conditions.

In accordance with Article 1 of Decision 92/353/EEC the authorities of the Member State concerned must grant approval or recognition to any organisation or association which maintains or establishes a stud-book, providing it meets the conditions set up in the Annex.

Where an officially approved organisation or association for a given breed already exists, or more than one, the approval of a new organisation or association may only be refused for two reasons:

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

- if equidae of that breed may be entered or registered in a specific section of a studbook maintained by an approved organisation or association.

These criteria also apply to agencies or services establishing or maintaining stud books.

In February 2002, Spain notified the approval of nine organisations primarily involved in the preservation of indigenous breeds of horses. The notification also indicated that the Service for Horse Breeding maintains the stud book for various breeds, including the Pure-bred Spanish Horse, Thoroughbred, Arab horse, Trotters etc. In some cases these stud books are considered stud books of the origin of the breed, although there has never been a formal notice to the Member States and the Commission in accordance with Article 5 of Directive 90/427/EEC of the principles to be laid down in accordance with point 3 of the Annex to Decision 92/353/EEC.

The situation in Spain described by the Honourable Member reflects the limited authority the Commission has in relation to the approval of breeding organisations or breeders associations and moreover in relation to stud books maintained by official services.

A procedure for settling disputes between organisations or associations or, in a second step, between the competent authorities of different Member States is provided for in Commission Decision 92/354/EEC of 11 June 1992 laying down certain rules to ensure coordination between organizations and associations which maintain or establish stud-books for registered equidae(3); if necessary the Commission may lay down rules to ensure co-ordination between organisations or associations in accordance with Article 4(e) of Directive 90/427/EEC.

(1) OJ L 224, 18.8.1990.

(2) OJ L 192, 11.7.1992.

(3) OJ L 192, 11.7.1992.