WRITTEN QUESTION E-1580/02 by Jan Mulder (ELDR) and Maria Sanders-ten Holte (ELDR) to the Commission. Restrictions on participation of foreign horses in competitions in France.
Date: 2002-06-04
Institutions: European Parliament, Provisional data
Subjects: France, application of EU law, equidae, intra-EU trade, sporting event, technical barriers to trade

C 301 E/186

Official Journal of the European Communities

EN

5.12.2002

(2002/C 301 E/196)

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.

Is it true that certain horses not registered in France cannot participate (or cannot fully participate) in

1.
all competitions organised in France, which is a violation of Article 3 of Directive 90/428?

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

Is it correct that the procedures for registering foreign horses with the French registration office SIRE
the internal market and participation in

3.
cause very long delays,
thus impeding the functioning of
competitions? Is it correct that this office keeps the birth certificates of foreign horses?

Is it correct that other European studbooks are recognised in France only subject to certain extra

4.
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 particular the
In accordance with Article 3 of Directive 90/428/EEC,
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.

the rules of competitions,

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.

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Official Journal of the European Communities

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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.

(2002/C 301 E/197)

WRITTEN QUESTION E-1583/02

by Gerhard Schmid (PSE) to the Commission

Subject: Recognition of German notarial documents in Spain

(4 June 2002)

It is my understanding that Spanish authorities repeatedly refuse to register deeds from German notaries
with the Spanish Property Registry. The authorities refer in such cases to Resolution 3a (cid:1) Expte 166/99-B
of 15 March 2002 of the Spanish Ministry of Justice (Ministerio de Justicia, Secretaria de Estado de Justicia,
Dirección General de los Registros y del Notariado).

1.

2.

3.

Is the Commission aware of this situation?

Does it infringe European legislation?

If so, what action does the Commission intend to take to rectify the situation?

Answer given by Mr Bolkestein on behalf of the Commission

(9 July 2002)

The Commission understands that the reference ((Ministerio de Jusicia, Secretaria de Estado de Justicia,
Direccion General de los Registros y del Notariado) vom 15.3.2000 (cid:1) 3a (cid:1) N Expte 166/99-B.) made in
the question may not refer to a law or regulation in Spain but could perhaps be an individual dossier or
legal case.

The Commission has through informal contacts learned that the problem described by the Honourable
Member may refer to the time before July 2000, when a new Spanish regulation on foreign investments
came into force which the Commission understands may allow acceptance of deeds from other Member
States.

However, as the Commission is not certain whether the Spanish system concerning recognition of deeds
from other Member States is fully compatible with the EC Treaty, the Commission will write to the
Spanish authorities to verify the situation. The Commission will keep the Honourable Member informed
about the outcome of this analysis.