WRITTEN QUESTION P-3312/03 by Enrico Ferri (PPE-DE) to the Commission. Requirements for entry in the studbook, transposition of Community legislation.
Date: 2003-11-03
Institutions: European Parliament, Provisional data
Subjects: Italy, animal breeding, equidae, intra-EU trade, marketing, national implementing measure, technical barriers to trade, trade restriction, zoology

C 70 E/254

Official Journal of the European Union

EN

20.3.2004

(2004/C 70 E/274)

WRITTEN QUESTION P-3312/03

by Enrico Ferri (PPE-DE) to the Commission

(3 November 2003)

Subject: Requirements for entry in the studbook, transposition of Community legislation

Does the European Commission not consider that
Italy has transposed Community legislation on
requirements for entry in the studbook (mandatory for Member States) in a way that hinders the free
movement of goods and freedom to provide services and thus constitutes a barrier to intra-Community
trade?

Italy (whose competent authority is the Ministry of Agriculture and Forestry Policy) is the only Member
State which, in addition to imposing specific requirements for entry in the studbook, has set up an ad hoc
committee to assess equine morphology, whose opinion is final and not subject to appeal.

Does the Commission not consider that the existence of this committee is an obstacle to the use/trading in
Italy of stallions that have not passed the committee’s assessment but could be used in another Member
State (for instance, in the UK, where no such committee exists) thereby preventing them from being traded
in Italy?

Does the Commission not also consider that the fact that the committee’s ruling is not subject to appeal is
in breach of Community law and procedures?

In the light of the provisions of Directive 90/427/EC (1) of 26 June 1990 (on the zootechnical and
genealogical conditions governing intra-Community trade in Equidae) and subsequent modifications,
Commission Decision 92/353/EEC (2) of 11 June 1992 (criteria for the approval or recognition of
organisations and associations which maintain or establish studbooks for
registered equidae) and
subsequent modifications and Commission Decision 96/78/EC (3) of 10 January 1996 (criteria for entry
and registration of equidae in studbooks for breeding purposes) and subsequent modifications:

(cid:1) will the European Commission verify whether Community legislation relating to this sector has been

correctly transposed into national law in Italy?

(cid:1) can the European Commission also challenge the legality of the existence of the assessment committee
referred to above (which exists only in Italy and whose decisions are irrevocable, with no further level
of appeal) which makes the equine trade more difficult in Italy compared to other Member States,
thereby infringing the principles of free competition in the single market?

(1) OJ L 224, 18.8.1990, p. 55.
(2) OJ L 192, 11.7.1992, p. 63.
(3) OJ L 19, 25.1.1996, p. 39.

Answer given by Mr Byrne on behalf of the Commission

(21 November 2003)

The Commission was not aware of the facts set out by the Honourable Member.

The Commission will
compliance.

look at this question and,

if need be, will take the necessary steps to ensure

(2004/C 70 E/275)

WRITTEN QUESTION P-3314/03

by Peter Skinner (PSE) to the Commission

(3 November 2003)

Subject: British Beef Imports into France

In December 2001 the European Court of Justice ruled that a ban imposed by the French government on
the import of British beef into the country was illegal. The Commission then recommended that France be
held liable for substantial fines for non-compliance with the ECJ ruling.