Commissie dringt aan op invoeren regels stamboeken paarden door Spanje (en)
Brussels, 16 June 2011 - The Commission urges Spain to modify its legislation on the approval of associations that maintain stud-books for registered horses.
Satisfactory results in animal production depend to a large extent on the use of domestic animals of high genetic quality. The EU's zoo technical legislation promotes free trade of breeding animals and their genetic material and considers the sustainability of breeding programs and the preservation of genetic resources.
For horses, the basic aim of free trade is reached through harmonised recognition of stud-books.
In accordance with EU law, associations establishing or maintaining stud-books for horse breeds have to be approved by the competent authorities of the Member State where they are established.
Decision 92/353/EEC lays down the criteria for the approval or recognition of those associations and the specific cases in which the competent authority may refuse the approval even when the requirements have been met.
An approval may be refused when one has already been granted for the same breed to another association in the same Member State and when the competent authority considers that the new approval would endanger the preservation of the breed or the selection programme of the already approved association.
The Spanish legislation contains excessive approval conditions. It provides that in case an association has already been approved for a given breed, an approval can only be granted for the same breed to another association if 25% of the breeders and 30 % of the reproducing mares of the breed belong to this association.
In essence, the Spanish authorities are automatically refusing approvals without considering, case by case, the specific situation of the concerned breed and without thus assessing whether the approval would indeed endanger the preservation of the breed or the selection programme of the already approved association. As a consequence the approval can be refused to associations although they comply with the requirements laid down in EU law.
The Commission's request to Spain takes the form of a "reasoned opinion" under EU infringement proceedings.
Through this "Reasoned Opinion," the Commission formally asks Spain to take action to comply with EU law within a period of two months. Subsequently, the Commission may decide to refer Spain to the European Court of Justice, if action to ensure compliance is not taken.
For more information on the infringement procedure, please see:
Contacts : Frederic Vincent (+32 2 298 71 66) Aikaterini Apostola (+32 2 298 76 24) |