Council Directive 90 /427/EEC of 26 June 1990 on the zootechnical and genealogical conditions governing intra-Community trade in equidae constitutes the basis on which the legislation is based Community on the selection and reproduction of breeds of equine cattle, with special treatment of genealogical books. The criteria and requirements for the official recognition of breeders ' associations are laid down in Commission Decision 92/353/EEC of 11 June 1992 laying down the criteria for the authorisation or recognition of the organisations and associations which carry or create genealogical books for registered equidae. Within this framework, by means of Royal Decree 1026/1993 of 25 June, on the selection and reproduction of equine animals of pure breeds, this Directive was incorporated into our law. This rule was repealed by Royal Decree 1133/2002 of 31 October 2002 regulating in the field of equine breeds, the legal status of genealogical books, the associations of breeders and the zootechnical characteristics of the different breeds, which, while maintaining the Community criteria, laid down the zootechnical and genealogical conditions of equidae of pure breed and registered equidae, the legal system concerning the management of family books, procedures and registration criteria and guidelines for the selection of players. In the light of the favourable development of this sector, the increase in the census recorded in genealogical books, the improvement of the quality and the international projection of equidae reared in Spain, both of their own breeds As a foreign country, it is appropriate to amend that legislation, which will allow, on the other hand, to equate the regulatory and reproductive regulations to the existing one for the rest of the livestock species. Thus, the system of books managed by an official service is liberalized so that they can be managed by the associations recognized for these purposes, provided that they meet the requirements laid down in this provision and are established certain obligations to ensure proper management of the breeds, while avoiding the possibility of spreading criteria between the associations in order to compromise the proper implementation of the improvement programmes. The Community rules also aim to achieve a rational development of the production of equidae and to increase their productivity and quality, thereby regulating the zootechnical criteria of registered equidae and their genetic material. to guarantee free trade and imports, so that transactions between countries are carried out harmoniously and do not restrict or impede on zootechnical grounds the inscriptions in the genealogical books and the recognition of The European Commission has been a member of the European Commission in the field of public policy. Zootechnical guarantees, thus facilitating external trade and the incorporation into the programmes of improvement of animals which already have an added value. In the process of this royal decree, the entities representing the interests of the affected sectors and the autonomous communities have been consulted. In its virtue, on a proposal from the Minister for Agriculture, Fisheries and Food, with the prior approval of the Minister of Public Administration in agreement with the Council of State and after deliberation by the Council of Ministers at its meeting on 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 official recognition of registered equidae breeders ' associations for the conduct or management of the genealogical books.

(b) the zootechnical and genealogical conditions governing the Community trade in equidae and imports from third countries. (c) the legal status of the breeding books of equidae as well as the criteria for the entry of the animals and the selection of breeding animals.

Article 2. Definitions.

For the purposes of this royal decree, the following definitions shall be understood as: (a) Equid: the domestic animal of the equine or asnal species, or the animal obtained from the crossing thereof.

(b) Registered Equid: the equine registered or registered in a genealogical book or which may be, identified by the document referred to in Article 22.3. Registered equidae shall be considered as pure breed. (c) "genealogical book" means any book, record, file or computer system carried out by an officially recognized association, in which the equidae of each race are registered or registered, making mention of all their known ascendants. (d) Technical control of a breed: supervision and verification of the proper structure and management of the herd book and the programme for the improvement of pure equine breeds, carried out by the competent authority. (e) Programme for improvement: a set of systematised actions designed and developed for the conservation, selection and genetic evaluation of the best animals of a breed, through the control of yields, for the purpose of reproduction, in accordance with certain desirable characteristics defined by the breeding objectives of that breed, in order to allow those characters to be transmitted to the offspring.

Article 3. Pure equine breeds.

1. This Regulation shall apply to the pure equine breeds included in the Official Catalogue of Cattle Raasses of Spain, as well as to the breeds of Spanish Sport, Breton, Portier-Breton, Percheron and Ardenes and registered equidae which, the effects of this provision shall be considered as pure-bred.

2. National races shall be considered to be those whose copies are distributed in at least three autonomous communities, provided that the census in the predominant autonomous community does not exceed 60% of the total reproducers. 3. The autonomous communities shall establish the criteria of the determining purity of the races of their field, in accordance with the provisions of this royal decree.

CHAPTER II

Official recognition of breeders ' associations

Article 4. Recognition of associations for the keeping of genealogical books.

1. The official recognition of breeders 'associations for the conduct of the breeding books shall be carried out at the request of the breeders' associations by the competent authority.

2. Recognised associations may only manage the books of the breeds to which they represent and in respect of which they have obtained official recognition.

Article 5. Requirements for the recognition of associations.

1. Without prejudice to the provisions of this Article, the recognition of organisations and associations which carry or create genealogical books shall be subject to compliance with the principles laid down by the organisation or association which the breeding book of origin of the breed, in accordance with national and international technical regulations and regulations.

2. The associations shall be recognised if they meet at least the following requirements:

a) Having legal personality.

b) Profit for profit. c) Dispose of the following means:

1. A sufficient and qualified staff to attend to the good development of the functions of the book or genealogical books, which will include, at least, a Technical Director of the Genealogical Book to be entitled knowledge and training in zootechnical matters.

2. Equipment and hardware or mechanical equipment suitable for the functions to be developed, especially for the processing of data. 3. The standard printed models for data reporting and processing within the different registers.

d) Have sufficient economic resources to manage genealogical books, according to the census of the race and the territorial distribution of the same.

(e) to have minimum numbers of animals and breeders to enable the development of an improvement programme, in numbers equal to or greater than that laid down, where appropriate, by the rules applicable to each breed. (f) Contar with a computer database to order and disseminate the data concerning registered equidae. (g) Credit that it has the means to carry out the analysis of the analysis of parentage, including the availability of laboratory services for these purposes, whether or not they have been approved by the National Laboratory in accordance with Article 25. (h) Carry out the zootechnical or regulatory criteria to be used for the management of the herd book and the improvement programme, endorsed by a department of genetics or specialised scientific entity, including at least:

1. Racial Prototype.

2. Identification of animals. 3. The genealogical requirements and structure of the book. 4. The use of genealogical data and the use of breeding data for selective purposes and assessment and rating systems. 5. Schedule of the selection or conservation of the breed with defined breeding objectives. 6. Criteria of use or, where appropriate, limitation, of the methods of reproduction, natural or assisted. 7. º Procedure for the controls of parentage.

(i) To ensure in its statutes or internal rules of operation that in the development of the association's own activities there shall be no discrimination between its members or between its partners and other cattlemen; any breeder who wishes to do so and meets the conditions required may be integrated into the association.

Article 6. Competition.

1. The competent authority for the recognition of the associations for the conduct of the books is: (a) The Ministry of Agriculture, Fisheries and Food, when the applicant association, being of national scope, requests it for the management of a a herd-book of an equine breed at national level in accordance with Article 3.2.

b) In the rest of the cases, the autonomous community in which radiating the race.

2. Where the official recognition of the association for the conduct of the herd book corresponds to the Ministry of Agriculture, Fisheries and Food, the maximum period for the submission and notification of the express resolution shall be six months, from the request entry in the same.

After that period without receiving the relevant notification, the application for recognition shall be deemed to be estimated and the applicant recognised, unless it lacks the essential requirements for that purpose, as provided for in the Article Regulation (EC) No 62.1.f) of Law No 30/1992 of 26 November 1992 on the legal system of public administrations and the common administrative procedure.

Article 7. Concurrency of associations.

1. Where there is a recognized association for the conduct of a book of a pure breed and any other association requests its recognition for the conduct of a book of the same breed, it shall prove that it represents at least 25% of the the breeders of the breed and which includes at least 30 per cent of the census of registered breeders and, in the case of associations whose recognition is the responsibility of the Ministry of Agriculture, Fisheries and Food, to have a distribution Representative geographical location of the breed at national level.

2. Notwithstanding the fulfilment of the above requirements, the competent authority may refuse recognition where the recognition may jeopardise the improvement programme which the association has already recognised, or may jeopardise its operation, by incompatibilities of zootechnical criteria, for lack of connections in the database of the breed or for the reduction of the minimum census necessary to ensure its viability, in accordance with the officially approved regulations and the situation of each race.

Article 8. Obligations of the associations.

The recognized associations will have to manage the genealogical books as they have this royal decree and their development regulations, and also comply with the following obligations: (a) inform the competent authority at least annually of the operation of the book in question and of the improvement programme, and of the information provided in the database provided for in Article 9 and the effects of interest (a) in relation to the breed, in particular with regard to its census, national and international expansion, qualification and selection tests, certams and, where appropriate, the implementing regulations.

(b) Facilitate access to their databases relating to the breeding books and the improvement programme, which are necessary to form the single database for each breed, as provided for in Article 9. (c) Develop a programme of improvement for each of the breeds of breeding books, which shall be submitted for approval to the Ministry of Agriculture, Fisheries and Food or, where appropriate, to the Autonomous Community which granted the official recognition. (d) To carry out publications, newsletters and dissemination of the information in the genealogical book, and other activities related to the breed, as well as the dissemination of the improvement. (e) To provide the services of the genealogical book without discrimination to any holder of a pure breed who so requests, whether or not he is a member, and regardless of its location. (f) Credit the operation of the book in question and the improvement programme, in accordance with the technical or scientific criteria prevailing at any time.

Article 9. Databases.

1. The Ministry of Agriculture, Fisheries and Food shall form a single database for each breed in which the data relating to the breeding books which are administered by the associations officially recognised by the Ministry and the Ministry of Agriculture shall be included. information on the improvement programmes.

2. Each recognized association must have a database that brings together the following information:

a) The book or genealogical books that they manage with the data of the animals.

b) The results of the player rating and improvement program. (c) The results of the performance checks. (d) the ratio of breeders to their staff. e) Any other data of interest for the conservation and promotion of the breed.

3. Associations shall give access to their databases to the Public Administrations, to each breeder or to the owner and to other citizens who credit a legitimate right or interest, without prejudice to the proper protection of the data of a given character. personnel in accordance with the Organic Law 15/1999, of December 13, for the protection of personal data.

If there are associations that manage books corresponding to the same breed, they will integrate their data into a single database managed by one of them, or by a third party designated by both of them with the authorization of the the competent authority or, alternatively, shall transmit the data at its bases to the competent authority so that it includes the same data in a database common to each breed. 4. For different breeds, the selection objective of which may be common to all breeds, common IT bases may be established which integrate the information of the animals involved in the approved improvement programmes, on the basis of the data, regularly updated, providing the same.

Article 10. Extinction of recognition.

The relevant competent authority may declare the recognition of an association to be extinguished where at least one of the following circumstances is present: (a) the association ceases to meet any of the requirements for the recognition laid down in Article 5.

(b) The association repeatedly fails to comply with any of the obligations under Article 8.

Article 11. Second-degree partnerships.

1. The Public Administrations shall promote the formation of federations or associations of the second degree, which integrate associations that exist for the same or different races, for the conduct or coordination of genealogical books.

2. In the event that some or some of the associations that are integrated is already recognized for the carrying of genealogical books, they will be able to decide whether the integration operated is for the taking of a single book or for the coordination of each one of the books of the associations that are integrated.

Article 12. Data communication.

1. The Autonomous Communities shall communicate to the Ministry of Agriculture and Food the official recognition of the associations they carry out, as well as the resolutions of dismissal or extinction of recognition.

2. The Ministry of Agriculture, Fisheries and Food shall carry out the data referred to in the previous paragraph, as well as the official recognition of the associations carried out by the Ministry of Agriculture, Fisheries and Food, together with any refusals or those, to the European Commission.

Article 13. General Register of Associations.

The Ministry of Agriculture, Fisheries and Food shall have a general register of breed associations of pure breeds where all those who have obtained official recognition in accordance with the agreement shall be included. regulated in this royal decree.

Article 14. Specific zootechnical regulations.

1. Specific zootechnical regulations, including the criteria for the registration, qualification and affiliation of animals, the improvement programme and the use or, where appropriate, limitation of the methods of reproduction, provided with the application as provided for in Article 5.2.h), the competent authority shall, where appropriate, be approved by the competent authority, with a report from the relevant department of genetics or specialised scientific entity, at the same time as the official recognition is granted requested.

2. Non-indigenous breeds which are governed by rules of origin issued by international bodies shall comply with the criteria laid down by those bodies.

Article 15. Technical control.

1. The Directorate-General for Livestock, of the Ministry of Agriculture, Fisheries and Food, shall carry out the technical control of the breeding books and the supervision of the operation of the associations of breeders of recognised equine breeds officially by the same, for which the inspector or inspectors of the race concerned may be appointed, who shall have the status of an official. It shall also coordinate, in the cases provided for in the applicable legislation, technical control measures affecting associations, genealogical books, improvement programmes or activities relating to more than one autonomous community, in accordance with the competent authorities of the autonomous communities concerned.

2. The autonomous communities shall also carry out these tasks in respect of the associations recognised by them.

Article 16. Scope of technical control.

1. The inspector of race designated by the competent authority has the task of verifying and supervising the management of the breeding books and the implementation of the improvement programme to ensure compliance with the specific zootechnical regulations, as well as the correct application of public subsidies for the conservation, selection and promotion of pure livestock breeds.

2. The breed inspector shall at least perform the following functions:

a) Carry out technical control of the application of the standards established for each race, both nationally and internationally, and check that equidae from other countries meet the requirements to be registered in the Spanish genealogical books.

b) Inspect the application of the rules for the registration of equidae in the breeding books, the control of yields and the improvement programme, in order to verify the application of the corresponding rules.

3. In the light of the results of the checks carried out, at least the following actions may be initiated: (a) Propose the management of the genealogical books to be re-examined.

b) Propose the declaration of extinction of the recognition of an association for the management of genealogical books for the failure to comply with the requirements and obligations that were determined by that or by the improper application of the Zootechnical regulation of the breed.

CHAPTER III

intra-Community trade and imports from third countries

Article 17. Intra-Community trade in equidae.

1. Where a registered equine from another European Union country is transferred to Spain, he shall be registered in a herd-book of his or her managed breed in Spain, with the exception of the mutual agreement between the two associations. officially recognised in question, or between the officially recognised Spanish association and the official service of the other country of the European Union.

2. If the statutes of the associations so permit, the name of origin of the equid may be preceded or followed by another name, even on a provisional basis, provided that the name of origin is maintained in parenthesis, during the life of the (a) the right to be treated, and to indicate the country of birth by means of the initials recognised in international agreements.

Article 18. Intra-Community trade in semen, ova and embryos of pure-bred equidae.

The semen, ova and embryos of pure-bred equidae placed on the market shall be accompanied by a zootechnical certificate of origin and identification issued by the officially recognised association concerned, which must be drawn up, at least, in Spanish and in the language of the country of destination, and in accordance with the model established by Commission Decision 96 /79/EC of 12 January 1996 laying down the zootechnical certificates relating to the semen, ova and embryos of registered equidae.

Article 19. Imports of equidae from third countries.

Without prejudice to the provisions of Royal Decree 52/1995 of 20 January 1995 laying down the principles governing the zootechnical and genealogical conditions applicable to imports of animals, semen, ova and embryos from third countries, imports of equidae, for the entry of equidae in the flock-book concerned, shall meet the following requirements: (a) Prior communication of the import to the officially recognised association for the keeping of the genealogical book where they are to be entered.

(b) Contribution of the accompanying document provided for in the applicable European Union legislation or, where appropriate, the export certificate issued by the officially recognised association for the conduct of genealogical books to manage the family book of origin or, where appropriate, the corresponding official service. (c) Verification of the identity of the equine imported by the officially recognized association for the conduct of genealogical books which the family book of origin manages. d) Compliance with the conditions for registration in the genealogical book of that breed.

Article 20. Conventions for the inclusion of purebred animals from other countries.

1. The officially recognized associations for the conduct of the herd book concerned may conclude agreements with the official services or associations of breeders of other countries, for the inclusion of their animals in the book (a) the relevant family members in our country, provided that such associations are legally constituted in accordance with the internal rules of the country concerned, and ensure that the criteria laid down in this provision are met; for the registration of the animals.

2. For the conclusion of these agreements, the favourable report of the competent authority concerned shall be required to support the conformity of the criteria and principles governing the official services or the associations of breeders of the another country with the applicable regulations in Spain to ensure the correct registration of the animals.

CHAPTER IV

Genealogical books

Article 21. Division of the genealogical books.

1. Any genealogical book shall be composed of at least one birth register and one main register.

2. In the register of births, equidae of both sexes born to players belonging to the main register or to the auxiliary register shall be registered, in the case where the latter exists, and which have complied with the conditions of Article 23. 3. The main register shall be those copies which come from the birth register, satisfy the conditions laid down, where appropriate, for each breed and have completed three years or, where appropriate, the age required by the rules of each breed. race. Within this register certain special registers may exist, except for express provision other than international law or, where appropriate, national law, of the race itself. 4. In addition, except in cases where, in accordance with international law, the following records may not be established, which shall conform to the specific rules of each race:

(a) Auxiliary register: For those equidae or their descendants who either have an unknown genealogy or have not been registered at the time for receiving the qualification as "unfit" for reproduction or for other purposes circumstances, but that they pass the test of qualification intended for each race and demonstrate for themselves or their descendants a remarkable morphological and functional qualities.

The descendants of these animals will be able to access the birth register, if these animals are reproduced with players from the main register, under the conditions to be determined for each breed. (b) "founding register": For new-creation genealogical books, which do not have registered copies, which shall include those animals which comply with the minimum requirements laid down in regulation or, where appropriate, for books In the case of the case-law of the Court of State, the Court of State held that, in the case of the Court of State, the Court of State held that the Court of (c) "Register of merit" means that animals which have shown outstanding morphological and functional qualities shall be entered in accordance with the specific rules of each breed.

Article 22. Identification of equidae.

1. Equidae of pure equine breeds shall be protected after birth. The review shall be carried out by a veterinarian designated by the officially recognized association for the conduct of the breeding book of the corresponding race or, if appropriate, by the autonomous community where the review is carried out, preferably on foot mother and before weaning, and will be complemented by the implementation of an electronic identification system suitable to the regulations UNE-ISO 11784 and UNE-ISO 11785, and with the taking of samples, if necessary, for the analysis of their markers genetic.

The review may be updated, in the case of animals qualifying for reproduction, in that qualifying act, or at the request of the farmer, at any time, in particular in the case of imported equidae, for a greater accuracy and concordance of the contents of the register with the characteristics of equidae 2. However, the sampling for genetic marker analysis may be carried out by means of the specific regulation, the taking of samples for analysis of genetic markers. significant sampling or understanding only the carrying out of genetic marker analysis of the father. 3. Registered equidae must be accompanied, for movement, by an identification document in accordance with the model laid down in Commission Decision 93 /623/EEC of 20 October 1993 laying down the Identification (passport) to accompany registered equidae and Commission Decision 2000 /68/EC of 22 December 1999 amending Commission Decision 93 /623/EEC and regulating the identification of equidae for the purposes of the identification of equidae for the raising and rent. 4. The competent authority may derogate from the identification system for equidae in accordance with Community legislation.

Article 23. Registration of the equidae in the genealogical book.

1. Only copies in which the circumstances specified in this royal decree are present, and whose origin and genealogy have been duly contrasted, shall be the subject of registration in their respective family books.

2. In the birth register of the breeding book for each of the breeds, the entry, as products of ancestry, of the equidae for which it is requested, shall be applied and the following requirements shall be met:

(a) Provening of progenitors entered in a genealogical book of this breed, or of progenitors admitted in crossing to produce such a breed, carried by an association officially recognized for such purposes.

b) To be identified and, if necessary, to have checked the filiation by analyzing the genetic markers, following the internationally recognized criteria and as determined by the regulations of each race, according to as provided for in Article 22.2. (c) the covering, where it is carried out by natural or artificial insemination or the transfer of embryos, has been declared to have been declared in the event that this is possible in accordance with the rules of each race; Veterinary surgeon responsible for the same. (d) The birth has been declared through the documents or forms established for these purposes. (e) To have been identified, as provided for in Article 22.

3. Equidae which do not comply with the requirements of the preceding paragraph may be entered on an initial basis, where this is permitted by the rules of their race, and subject to subsequent action, as players, if they comply with the requirements of the The following conditions: (a) Have been identified as set out in Article 22.

b) Having exceeded the morphological and functional conditions established for that genealogical book.

Article 24. Program for improvement and control of yields.

The development of the programme of improvement and the performance of the control of yields, as an instrument for determining the genetic value of equidae, may be carried out through the following means: (a) Selection tests of young horses for the various disciplines and aptitudes.

(b) Testing tests carried out at approved performance control stations or training centres, in order to approve the conditions of the animals and the environment in which they are developed. (c) Individual assessment tests for the players. d) Field tests. e) Tests for linear morphological qualification. f) Morphological and functional concourses. (g) Competitions in the various horse-riding disciplines. (h) Laboratories or locomotion centres.

Article 25. National Reference Laboratory for identification and control of parentage.

The Central Veterinary Laboratory of the Ministry of Agriculture, Fisheries and Food, located in Algete, is designated as a reference center for the realization of genetic markers and the approval of analysis for the identification and control of the parentage of animals, in order to ensure the genealogies of equidae entered in the herd-books.

Single additional disposition. Associations already recognised.

The associations recognised under Royal Decree 997/1999 of 11 June on the promotion of Spanish indigenous breeds of special protection at risk of extinction will maintain such recognition on the same terms and to the same effects that they obtained.

First transient disposition. Transitional management of the breeding books of pure equine breeds of national scope by the General Administration of the State.

The management of the family books of the pure equine races at national level shall be carried out by the autonomous agency Fund for the Operation of the Services of Cría Caballar and Cages, under the Ministry of Defense, until One or more breeders ' associations are officially recognised by the Ministry of Agriculture, Fisheries and Food for the conduct of their own breeding book of the pure equine breed concerned. In any case, the Autonomous Body Fund for the Operation of the Services of Cría Caballar and Traces, will cease in the management of the Books on December 31, 2007.

Second transient disposition. Concessions.

The concessions to associations or associations of breeders of equidae of pure breeds for the management of a herd book, under the provisions of Royal Decree 1133/2002 of 31 October, for which it is regulated in the In the case of equine breeds, the legal status of breeding books, breeders ' associations and the zootechnical characteristics of the various breeds shall be extinguished within the maximum period of six months from the date of entry into force of this Regulation. royal decree, or previously, if an association or association has been officially authorized or recognized organization of breeders for the management of the genealogical book concerned in accordance with this royal decree.

Transitional provision third. Competition.

Notwithstanding the provisions of Article 6, for those races which already have an officially recognized association with the entry into force of this royal decree, it shall be considered the competent authority that granted the recognition to that association.

Single repeal provision. Regulatory repeal.

Royal Decree 1133/2002 of 31 October 2002 is hereby repealed with regard to the rule of law in the field of equine breeds, the legal status of genealogical books, breeders ' associations and the zootechnical characteristics of such breeds. different breeds.

Final disposition first. Competence title.

This royal decree constitutes basic regulation and is dictated by the provisions of Article 149.1.10. and 13. of the Constitution, which gives the State exclusive competence in matters of foreign trade and trade. bases and coordination of the overall planning of economic activity, respectively.

Final disposition second. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, 25 May 2007.

JOHN CARLOS R.

The Minister of Agriculture, Fisheries and Food, ELENA ESPINOSA MANGANA