WRITTEN QUESTION E-1021/00

by Dirk Sterckx (ELDR) to the Commission

(4 April 2000)

Subject: Infringement of European legislation by the German and Belgian trotting federations

1. Can trotting horses which are regularly entered in the German Studbook be removed from the latter by the German Trotting Federation (HVT) because the period allowed for export within the EU has been exceeded by one month?

2. Can the Belgian and German Trotting Federations require the payment of import and export duties by their members for the temporary or permanent import or export of trotting horses within the EU?

3. Can the German Trotting Federation (HVT) refuse to allow breeding mares imported into Germany with a foal in order to obtain registration in Germany to be permanently exported to another EU Member State?

4. Can the German Trotting Federal require owners of trotting horses from another EU Member State to stable horses of German nationality in Germany for six months of the year?

5. Can the German Trotting Federation remove trotting horses from the German Studbook and races for failure to apply for an export document or for exceeding the period allowed for export within the EU?

Answer given by Mr Byrne on behalf of the Commission

(16 May 2000)

The Commission is not aware of the problems mentioned by the Honourable Member and has therefore launched an inquiry with the authorities concerned. The competent authority of one Member State already officially informed the Commission that they had requested the appropriate documentation from the organisation in question. The Commission will reply direct to the Honourable Member about these findings.

Community legislation with regard to equidae covers various aspects. The animal health conditions for movement and imports of equidae are laid down in Council Directive 90/426/EEC of 26 June 1990(1), and the veterinary certificate to be used in combination with the passport for registered equidae is laid down in Annex B of that Directive. Unless Member States apply the provisions of Article 6 of that Directive, an animal health certificate must be completed by an official veterinarian of the Member State of dispatch each time the animal is intended to be moved to another Member State, independently of whether this export is permanent or temporary. This certificate is valid for a period of 10 days and may therefore be used for more than one border crossing within this period.

The zootechnical and genealogical conditions for intra-Community trade in equidae are laid down in Council Directive 90/427/EEC of 26 June 1990. Based on this Directive, Commission Decision 92/353/EEC of 11 June 1992 lays 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 this Decision, it is the responsibility of the Member States to approve the organizations and associations, in particular to avoid any discrimination of breeders. The criteria for entry and registration of equidae in stud-books for breeding purposes are laid down in Commission Decision 96/78/EC of 10 January 1996(3).

Council Directive 90/428/EEC of 26 June 1990 on trade in equidae intended for competitions also lays down the conditions for participation therein.

(1) OJ L 224, 18.8.1990.

(2) OJ L 192, 11.7.1992.

(3) OJ L 19, 25.1.1996.