The Council Directive 90/427/EEC, of 26 June 1990, relating to the zootechnical and genealogical conditions governing intra-Community trade in equidae, the basis which supports community legislation on selection and breeding of livestock breeds horses, with special treatment of genealogical books. Criteria and requirements for the official recognition of the associations of breeders is foreseen in Decision 92/353/EEC of the Commission of 11 June 1992, that establish the criteria for the approval or recognition of organizations and associations which maintain or establish studbooks for registered equidae.
Within this framework, by means of the Royal Decree 1026 / 1993, of 25 June, on the selection and reproduction of cattle horses of pure breeds, joined our legal system directive. This rule was repealed by Royal Decree 1133 / 2002 of 31 October, which regulates in the field of equine breeds, the status of the studbooks, breeders associations and characteristics studies of races different, that maintain the Community criteria, establishing conditions zootechnical and genealogical of equids of purebred and registered equidae , the legal regime relating to the management of herd-books, procedures and criteria and guidelines for the selection of players.
Based on the favourable evolution of this sector, put clear by the increase of the census registered in Stud books, the improvement of the quality and the international projection of horses bred in Spain, both own breeds such as foreign, next modify such rules which would, on the other hand, equating the regulatory legislation in the field of selection and reproduction to that for other livestock species. He is so, liberalized the regime of those books managed by an official service so that they can be managed by associations recognized for that purpose, provided that they meet the requirements laid down in this provision and establish certain obligations to ensure the proper management of the races, avoiding possible dispersion of criteria among the associations could compromise the correct implementation of improvement programs.
Also, legislation aims to achieve a rational development of equidae production and increase their productivity and quality, which regulates zootechnical registered equidae and criteria of its genetic material, to ensure free trade and imports, so that transactions between countries are carried out armonizadamente and not to limit or hinder zootechnical reasons inscriptions in the genealogical books and the recognition of associations so a regulation that provides common criteria that reinforce the zootechnical warranties is accurate, thus facilitating trade and incorporation into improvement programs of animals which already have an added value.
In the processing of this Royal Decree have been consulted the organizations representing the interests of the sectors concerned and the autonomous communities.
By virtue, on the proposal of the Minister of agriculture, fisheries and food, with the prior approval of the Minister of public administrations in accordance with the Council of State and after deliberation by the Council of Ministers at its meeting of May 2007, D I S P O N G O: chapter I General provisions article 1. Object.
This Royal Decree aims to establish: a) the legal regime of the official recognition of the associations of breeders of equidae registered for the keeping or management of genealogical books.
(b) the zootechnical and genealogical conditions governing intra-Community trade in equidae, and imports from third countries.
(c) the legal regime of the stud books of horses as well as criteria for inscription of animals, and selection of players in them.
Article 2. Definitions.
For the purposes of this Royal Decree shall mean as: to) equine: pet of the equine or asinine species or the retrieved from the crossing of the same animal.
(b) registered equidae: the equidae registered or registered in a herd book or that may be it, identified by means of the document referred to in article 22.3. Registered equidae shall be considered pure-bred.
(c) herd-book: any book, register, file or computer system by an association recognized officially, in which enrolled or registered equidae from every race, making mention of all their known ascendants.
(d) technical control of a race: monitoring and verification of the proper structure and management of the genealogical book and the program of improvement of equine pure breeds, which carried out the competent authority.
(e) improvement program: joint actions systematized, designed and developed for conservation, selection and genetic evaluation of the best animals of a race, through the control of yields, destined to reproduction, pursuant to certain desirable characteristics defined by the objectives of breeding of this breed, so those characters are transmitted to the offspring.
Article 3. Equine pure breeds.
1. this Regulation shall apply to equine pure breeds included in the official catalogue of livestock breeds of Spain, as well as the races horse of Spanish sport, Breton, Portier-breton, Percheron and Ardennes and registered equidae which, for the purposes of this provision, be deemed as purebred.
2. they shall be regarded as national breeds those whose copies are distributed in at least three regions, provided that the census in the predominantly autonomous community not exceed sixty per cent of the total number of breeding.
3. the autonomous communities shall establish the determining criteria of purity of races from its scope, in accordance with the provisions of this Royal Decree.
Chapter II official recognition of associations of breeders 4 article. Recognition of associations for the keeping of genealogical books.
1. the official recognition of the associations of breeders for the keeping of herd-books shall be carried out at the request of these, by the competent authority.
2. the associations recognized only can manage books represent that and races which have obtained official recognition.
Article 5. Requirements for the recognition of associations.
1. without prejudice to the provisions of this article, recognition of organizations and associations which maintain or establish studbooks shall be subject to respect for the principles laid down by the organization or association that carries the stud book of origin of the breed, in accordance with the regulations and national and international technical regulation.
2 the associations will be recognised if they meet at least the following requirements: to) have legal personality.
(b) lack of profit.
(c) have the following means: 1 sufficient and qualified personnel to meet the good development of the functions of the book or genealogical books which shall include, at least, a Technical Director of the book family which will be titled University with expertise and training in livestock.
2nd team and computer or mechanical material appropriate to the functions to develop, especially for the processing of data.
3rd models of print standard report and data within different records.
(d) have sufficient resources to manage genealogical books, according to the Census of the race and the territorial distribution of the same.
(e) possess some minimum personnel and animal breeders who allow to develop a program of improvement, in number equal to or higher than that set, where appropriate, the regulations which apply to each race.
(f) have a computer database to organize and disseminate information relating to registered equidae.
(g) provide proof of having means to carry out analytical controls of affiliation, including the availability of laboratory for these purposes, own or others, approved by the national laboratory in accordance with article 25.
(h) providing zootechnical standards or regulation to be used for the management of the genealogical book and improvement program, backed by a Department of genetics or scientific organization specialized, including at least: 1 racial prototype.
2. identification of the animals.
3rd genealogical requirements and structure of the book.
4th use of genealogical data and selective purposes and systems assessment and qualification of the same players.
5 outline of selection or preservation of the breed with definite breeding objectives.
6 criteria of use or, where appropriate, limitation, of the methods of reproduction, natural or assisted.
7th procedure for controls of affiliation.
(i) ensure in its statutes or internal standard of performance in the development of the activities of the Association there will be no discrimination between members or between members and other farmers, and that any breeder who desired and fulfils the required conditions can integrated into the Association.
Article 6. Competition.
1. the competent authority for the recognition of associations for the keeping of the books is:
to) the Ministry of agriculture, fisheries and food, upon request the applicant, being of National Association for the management of a stud book of a horse breed of national level in accordance with article 3.2.
(b) in other cases, the autonomous community where the race.
2. when the official recognition of the Association for the keeping of the genealogical book correspond to the Ministry of agriculture, fisheries and food, the maximum period that must be held and notify express resolution shall be six months, since the entry of the application in the same.
Within this period without receiving notification, the application for recognition shall be estimated and the applicant recognized, except that it lacks the essential requirements for it, as provided in article 62.1. f) of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.
Article 7. Concurrence of associations.
1. when there is an association recognized for the keeping of a book of a pure breed and any other association asked for its appreciation for the keeping of a book of the same breed, this must provide proof that represents, at least 25 per cent of farmers in the race and that includes at least 30 per cent of the registered breeding Census and in the case of associations whose recognition competition of the Ministry of agriculture, fisheries and food, have a geographical distribution of the implementation of the race nationally.
2. Notwithstanding compliance with the above requirements, the competent authority may refuse the recognition when this can jeopardize the improvement programme that will develop the Association already recognized, or compromising its performance, by zootechnical criteria incompatibilities, lack of connections in the data base of the race or the reduction of the minimum census necessary to ensure its viability in accordance with the officially approved regulations and the location of each race.
Article 8. Obligations of partnerships.
The recognized associations shall manage genealogical books as provided by this Royal Decree and its regulations of development, and comply with, in addition, the following obligations: to) report at the request of the competent authority, at least annually, the performance of the book in question and program improvement, as well as the information of the database provided for in article 9 and the incidences of interest occurred in relation to the race , especially in relation to its census, national and international expansion, testing, qualification and selection, contests and, where appropriate, implementing regulations.
(b) facilitate access to their databases relating to genealogical books and improvement program, necessary to constitute the only database for each race, as referred to in article 9.
(c) develop a programme of improvement for each of the races that manage genealogical books, which will be presented for approval to the Ministry of agriculture, fisheries and food, or, where appropriate, to the autonomous community which granted official recognition.
(d) conduct publications, newsletters and disclosure of the information of the genealogical book, and other race-related activities as well as the dissemination of improved.
(e) provide the services of the genealogical book without discrimination to any holder of an equine of pure-bred who requests it, whether or not partner, irrespective of its location.
(f) provide proof of the book concerned and performance improvement program, in accordance with the prevailing technical or scientific criteria at all times.
Article 9. Databases.
1. the Ministry of agriculture, fisheries and food will constitute a unique database for each breed which shall contain particulars of genealogical books that manage associations officially recognized by the Ministry and information on improvement programs.
2 each recognised Association must have a database that brings together the following information: a) book or genealogical books that manage data of the animals.
(b) the results of the valuation of players and the improvement programme.
(c) the results of controls yields.
(d) the relationship of breeders with their troops.
(e) any other information relevant to the conservation and promotion of the breed.
3. the associations shall give access to their databases to public administrations, each breeder or owner and other citizens who prove a right or legitimate interest, without prejudice to the adequate protection of the personal data in accordance with the organic law 15/1999, of 13 December, of protection of personal data.
In the case that there are associations that manage corresponding to a same breed books, they will integrate their data in a single database managed by one of them, or a third party designated by both with the authorization of the competent authority or, Alternatively, be transmitting the data in their databases to the competent authority is to include them in a database common to every race.
4. for different races whose objective of selection may be common to all of them, it may constitute a common computer databases that integrate information from animals participating in approved, based on the data, updated regularly, improvement programs that provide the same.
Article 10. Termination of recognition.
The competent authority concerned may be declared extinguished the recognition of an association when concur, at least one of the following circumstances: to) that the Association ceases to meet any of the requirements for recognition laid down in article 5.
(b) that the Association would breach repeatedly any of the obligations regulated in article 8.
Article 11. Associations of second grade.
1. the public administrations shall promote the establishment of federations or associations of second degree, that integrate associations which exist for the same or different races, for the keeping or coordination of herd books.
2. in the event that one or more of the associations that were already recognized for the keeping of studbooks, they may decide if operated integration is for the keeping of a single book or for the coordination of each of the books of the associations that are integrated.
Article 12. Data communication.
1. the autonomous communities shall inform the Ministry of agriculture fisheries and food official recognition of associations which carry out, as well as the resolutions of dismissal or termination of recognition.
2. the Ministry of agriculture, fisheries and food will give transfer data referred to in the previous paragraph, as well as official recognition of the associations which carry out this Ministry, along with denials or revocations of those, to the European Commission.
Article 13. General Register of associations.
The Ministry of agriculture, fisheries and food will have a general register of associations of breeders of horses of pure breeds including all those that had obtained official recognition in accordance with regulated in this Decree.
Article 14. Specific zootechnical regulations.
1 specific zootechnical regulations, including criteria of registration, qualification and filiation of the animals, the program of improvement and utilization or, where appropriate, limitation of reproduction methods, provided with the application as provided in article 5.2. h), shall be adopted, where appropriate, by the competent authority, report of the Department of genetics or corresponding specialized scientific entity at the time the official recognition granted requested.
2. non-native races which are governed by regulations of origin issued by international organizations, shall comply with the criteria established by these bodies.
Article 15. Technical control.
1. the Directorate-General of livestock, the Ministry of agriculture, fisheries and food, will be the technical control of the stud books and the supervision of the operation of the associations of breeders of purebred equine officially recognized by it, for which purpose may appoint the inspector or inspectors of race appropriate, which will have the status of civil servant. Also, will coordinate, in the cases provided for in the applicable legislation, the activities of technical control relating to associations, studbooks, improvement programs or activities relating to more than one autonomous community, in accordance with the competent authorities of the autonomous communities concerned.
2. equally, the autonomous communities will be such functions with respect to associations recognised by them.
Article 16. The technical control area.
1. the breed inspector designated by the competent authority aims to verify and supervise the management of herd-books and the application of the improvement programme to ensure specific zootechnical regulation compliance, as well as the correct application of public subsidies for conservation, selection and promotion of the purebred cattle.
2. the inspector of race at least perform the following functions:
(a) carry out the technical control of the application of the rules laid down for each race, both national and international, and ensure that equidae coming from other countries eligible to be enrolled in the Spanish Stud books.
(b) inspect the implementation of the rules for the registration of equidae in Stud-books, yield control and improvement program, to verify the application of the relevant standards.
3 a view of the results of the testing that is conducted, may be initiated, at least, the following actions: to) propose actions on management of genealogical books which have to be reexamined.
(b) propose the Declaration of termination of recognition of an Association for the management of the herd books by non-compliance with the requirements and obligations that determined that or the inadequate application of the zootechnical rules of the race.
Chapter III intra-Community trade and imports from third countries article 17. Intra-Community trade in Equidae.
1. when a registered equidae coming from another country of the European Union transferred to Spain, you will have to be registered in a herd book of their race managed in Spain, except agreed except by mutual agreement between the two officially recognized associations that concerned, or between the officially recognized Spanish Association and the official service of another country of the European Union.
2. If permitted by the by-laws of the associations, the name of origin of the equidae may be preceded or followed by another name, even on a provisional basis, with the condition to maintain the source name in parentheses, during the life of the equidae that concerned and indicating their country of birth by the abbreviations recognized by international agreements.
Article 18. Intra-Community trade in semen, ova and embryos from pure-bred horses.
Semen, ova and embryos of equidae of pure breed that is placed on the market, shall be accompanied by a zootechnical origin and identification certificate, issued by the officially recognized association concerned, must be drawn up, at least, in English and in the language of the country of destination, and in accordance with the model established by Decision 96/79/EC of 12 January 1996, which lays down the zootechnical certificates relating to semen, ova and embryos from registered equidae.
Article 19. Imports of equidae from third countries.
Without prejudice in Real Decree 52/1995, of 20 January, laying down the principles relating to the zootechnical and genealogical conditions applicable to imports of animals, semen, ova and embryos from third countries, imports of equidae, for the registration in the stud book concerned, shall meet the following requirements (: a) advance notice of import to association recognized officially for the keeping of the stud book will be where to register.
(b) contribution of the accompanying document provided for in the legislation of the European Union or, where appropriate, the export certificate issued by the association recognized officially for the keeping of studbooks which manages the studbook of origin or, where appropriate, the corresponding official service.
(c) verification of the identity of the equidae imported by the Association officially recognized for the keeping of studbooks which manages the studbook of origin.
(d) compliance with the conditions for registration in the stud book of that race.
Article 20. Conventions for the inclusion of pure-bred in other countries.
1. the associations officially recognized for the keeping of the stud book concerned, can sign agreements with the official services or associations of breeders of other countries, for the inclusion of their animals in the herd book relevant in our country, provided that such associations are legally constituted in accordance with the internal legislation of the country concerned , and ensure compliance with the criteria established in this provision for the registration of animals.
2. for the conclusion of these agreements will be mandatory the favourable report from the relevant competent authority that supports the conformity of the criteria and principles for which the official services or associations of breeders of the other country with the applicable legislation in Spain are governed to ensure correct registration of animals.
Chapter IV article 21 Stud books. Herd-books Division.
1. all genealogical book shall consist, at least, by a record of births and a primary log.
2. in the register of births shall be entered those horses of both sexes born belonging to the primary log or the auxiliary record players, where the latter exist, and who have fulfilled the conditions of article 23.
3. in the main register those copies that come from the registration of births, comply with the conditions laid down, where applicable, for each race and met 3 years shall be recorded or, if applicable, the age required in the regulations of each race.
Within this registry may exist certain special registers, except Express forecast different international regulations or, where appropriate, national, typical of the breed.
4 in addition, except in the cases in which, in accordance with the international regulations, is not possible, may be the following registers, which shall comply with the specific regulations of each race: to) auxiliary record: for those equidae or their descendants, have some unknown genealogy, either or they were not registered at the time to receive the qualification of 'unfit' for the reproduction or other circumstances , but which exceed the examination of qualification for each race and demonstrate by themselves or by their descendants morphological qualities and functional notables.
The descendants of these animals have access to the register of births, if such animals are reproduced with players of the main record, under conditions to be determined for each race.
(b) founding registry: for herd-books of new creation, with specimens reported, which will include those animals that met the minimum characteristics laid down by regulation or, where appropriate, to previously established Stud books which, in the opinion of the competent authority, with a low number of enrolled members, what its reopening need for animals that meet these characteristics.
(c) register of merits: in which shall be entered the animals who have demonstrated outstanding morphological and functional qualities, according to the specific regulations of each race.
Article 22. Identification of equidae.
1. equidae of equine pure breeds must be reviewed after his birth. The review will be done by a veterinarian designated by the officially recognised Association for the keeping of the genealogical book of the corresponding race or, where appropriate, by the autonomous community where the review, preferably on foot from mother is made and before weaning, and will be complemented by the introduction of an electronic identification system appropriate to the regulation UNE-ISO 11784 and 11785 UNE-ISO , and sampling, where appropriate, for the analysis of their genetic markers.
The review can update, in the case of animals qualifying for the reproduction, in the qualifying event, or at the request of the farmer, at any time, especially in the case of equidae imported, for greater accuracy and consistency of the contents of the log with the characteristics of the uncastrated 2. However the above and provided that specific regulation provides for it, sampling for analysis of genetic markers may be significant sample or only understand analysis of genetic markers of the father.
3 registered equidae must be accompanied, for their movement, an identification document conforming to the model laid down in Decision 93/623/EEC of the Commission of 20 October 1993 establishing the identification document (passport) that must accompany registered equidae and in Decision 2000/68/EC, the Commission , of 22 December 1999 amending Decision 93/623/EEC of the Commission and regulates the identification of equidae breeding and income.
4. the competent authority may derogate from the system of identification of equidae in accordance with Community legislation.
Article 23. Registration of equidae in stud-book.
1. only shall be subject to registration in their respective Stud books copies in which the circumstances specified in this Royal Decree, whose origin and genealogy have been duly verified.
2 in the birth register of the genealogical book corresponding to each of the races the registration, shall be as products by way of ancestry, equidae which is requested, and which satisfy the following requirements: to) come from parents registered in a flock book of this breed, or of parents admitted to crossing to produce such race led by an Association officially recognized for this purpose.
(b) be identified and, where appropriate, checking the affiliation by analyzing genetic markers, following internationally recognized criteria and as determined by the regulations of each race, as laid down in article 22.2.
(c) have been declared mating, when it was performed by natural mating or artificial insemination or embryo transfer, where possible in accordance with the regulations of each race, the optional veterinarian responsible for them.
(d) having been declared the birth through documents or forms established for this purpose.
(e) have been identified, as set forth in article 22.
3 horses which do not meet the requirements of the preceding paragraph may be entered to initial title, thus permitting their race regulations, and subject to further actions for, such as players, if they meet the following conditions: to) have been identified as set forth in article 22.
(b) have passed the morphological and functional conditions laid down for the studbook.
Article 24. Programme for the improvement and control of yields.
The development of the improvement program and the realization of control of yields, as an instrument for the determination of the genetic value of the equidae, may be carried out through the following means: to) selection of young horses for the various disciplines and skills.
b) testing tests carried out in yields or authorized training centers monitoring stations, to standardize the conditions of animals and the environment where they operate.
(c) tests for the individual evaluation of the players.
(d) field trials.
(e) testing for linear morphological classification.
(f) morphological and functional contests.
(g) competitions in the various equestrian disciplines.
(h) laboratories or centers of locomotion.
Article 25. National reference laboratory of identification and control of filiation.
The Central Laboratory of veterinary of the Ministry of agriculture, fisheries and food, located in Algete, is designated as focal point for the realization of the genetic markers and the approval of analysis techniques for identification and control of filiation of the animals, to ensure pedigrees of equidae registered in herd-books.
Sole additional provision. Already recognized associations.
Associations recognized under the aegis of the Royal Decree 997/1999, of 11 June, on promotion of Spanish native breeds in special endangered species protection, maintain such recognition on the same terms and for the same purposes which obtained it.
First transitional provision. Temporary management of herd-books of pure equine breeds of nationally by the general administration of the State.
The studbooks of the purebred equine in national management will be carried out by the autonomous body background of exploitation of horse breeding services and traces, attached to the Ministry of defence, until such is recognized officially by the Ministry of agriculture, fisheries and food one or several associations of breeders for the keeping of its own studbook of the pure breed of horse in question. In any case, the Agency autonomous fund exploitation of services of horse breeding and traces, shall cease in the management of the books on December 31, 2007.
Second transitional provision. Concessions.
Awards to organizations or associations of breeders of horses of pure breeds for the management of a genealogical book, on the basis of provisions of the Royal Decree 1133 / 2002 of 31 October, which regulates in the field of equine breeds, the legal regime of the studbooks, breeders associations and zootechnical characteristics of the different breeds they will be extinct within a maximum period of six months from the entry into force of this Royal Decree, or before, if it has been authorized or officially recognized to an association or organisation of breeders for the management of the stud book concerned in accordance with this Royal Decree.
Third transitional provision. Competition.
However as provided for in article 6, for those breeds that already have Association officially recognized to the entry into force of this Royal Decree, shall be considered competent authority that granted the recognition of this Association.
Sole repeal provision. Repeal legislation.
Repealed the Royal Decree 1133 / 2002 of 31 October, which regulates in the field of equine breeds, the legal regime of the studbooks, breeders associations and zootechnical characteristics of the different breeds.
First final provision. Skill-related title.
This Royal Decree constitutes basic legislation and dictates to the protection of the provisions of article 149.1.10. 2nd and 13th of the Constitution, which is attributed to the State the exclusive competence in the field of foreign trade, bases and coordination of the general planning of economic activity, respectively.
Second final provision. Entry into force.
This Royal Decree shall enter into force the day following its publication in the "Official Gazette".
Given in Madrid, on May 25, 2007.
JUAN CARLOS R.
The Minister of agriculture, fisheries and food, ELENA ESPINOSA MANGANA