WRITTEN QUESTION E-1580/02

by Jan Mulder (ELDR) and Maria Sanders-ten Holte (ELDR) to the Commission

(4 June 2002)

Subject: Restrictions on participation of foreign horses in competitions in France

Directives 90/427(1) and 90/428(2) are intended to improve the functioning of the internal market in equidae, particularly with regard to trade and participation in competitions.

1. Is it true that certain horses not registered in France cannot participate (or cannot fully participate) in all competitions organised in France, which is a violation of Article 3 of Directive 90/428?

2. Is it true that both the French studbooks use registration criteria (including non-recognition of sires and dams registered abroad) which do not accord with the principles referred to in Article 4 of Directive 90/427?

3. Is it correct that the procedures for registering foreign horses with the French registration office SIRE cause very long delays, thus impeding the functioning of the internal market and participation in competitions? Is it correct that this office keeps the birth certificates of foreign horses?

4. Is it correct that other European studbooks are recognised in France only subject to certain extra conditions, i.e. conditions additional to those provided for by Directive 90/427?

If the answer to any of the above questions is affirmative, what will the Commission do about this, and how soon?

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

(2) OJ L 224, 18.8.1990, p. 60.

Answer given by Mr Byrne on behalf of the Commission

(23 July 2002)

With reference to the questions raised by the Honourable Members, the Commission wishes to refer to the provisions of Council Directive 90/427/EEC of 26 June 1990 on zootechnical and genealogical conditions governing intra-Community trade in equidae and Council Directive 90/428/EEC of 26 June 1990 on trade in equidae intended for competitions and laying down the conditions for participation therein.

Problems arising from the application of Directive 90/427/EEC were discussed during the most recent meeting of the Standing Committee on Zootechnics. The discussion focused on questions relating to Commission Decision 92/353/EEC of 11 June 1992(1) and 96/78/EC of 10 January 1996(2), notably the approval of breeding organisations and their cross-border activities, the criteria for the registration of equidae in studbooks for breeding purposes as well as identification of all equidae. The discussion demonstrated the need for further clarification of certain aspects of Community legislation on breeding of equidae, including those mentioned by the Honourable Members.

In relation to a recent complaint of a breeder in France, the Commission by letter of 13 June 2002, reminded the competent authorities of France on the provisions of Commission Decisions 92/353/EEC and 96/78/EC.

In accordance with Article 3 of Directive 90/428/EEC, the rules of competitions, in particular the requirements for entering and judging competitions and the distribution of price money accrued from such competitions, may not discriminate between equidae registered in or originating in the Member States in which the competition is being held and equidae registered in or originating in another Member State.

However, these provisions do not apply to certain competitions specified in Article 4(2) of Directive 90/428/EEC. Member States are obliged to inform the Commission annually, and in advance, about the details of competitions where they apply one or more of the derogations provided for in Article 4(2), first indent, of that Directive. In addition, Article 4(2), second indent allows Member States to reserve not more than 20 % of the prize money or profits accrued from the competitions for the improvement of breeding.

The Commission regularly reminds the Member States about this provision and has done so last in April 2001, and in the particular case of France by the above mentioned letter of 13 June 2002.

France submitted in its reply of 2 August 2001 figures for the year 2000 indicating that the percentage of prize money retained for sport horses registered in France was 16 % under the conditions specified in Article 4(2), first indent (horses of a particular studbook) and 9 % under the conditions of Article 4(2), second indent (improvement of the breeding).

The Commission is talking to the competent authorities of France on details of the implementation and application of Directive 90/428/EEC and will submit the acquired information directly to the Honourable Members.

(1) OJ L 192, 11.7.1992.

(2) OJ L 19, 25.1.1996.