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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.

Original Language Title: Real Decreto 1133/2002, de 31 de octubre, por el que se regula en el ámbito de las razas equinas, el régimen jurídico de los libros genealógicos, las asociaciones de criadores y las características zootécnicas de las distintas razas.

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TEXT

This provision lays down rules governing the zootechnical and genealogical conditions of equidae of pure breed and registered equidae, in order to provide for a common uniform regulatory framework, which ensure appropriate conservation and improvement, in accordance with the inspiring criteria contained in Council Directive 90 /427/EEC of 26 June concerning the zootechnical and genealogical conditions governing intra-Community trade in Equidae; Directive 91 /174/EEC of the Council of 25 March 1991 on the approximation of the laws of the Member States relating to Zootechnical and genealogical rules governing the placing on the market of breed animals and amending Directives 77 /504/EEC and 90 /425/EEC and in accordance with the relevant provisions.

Over the last few years, the changes to the applicable provisions, as well as the remarkable improvement in the quality of the different races, together with the intense evolution experienced in the sector, make it necessary to update the regulations in force in this field, mainly contained in Royal Decree 1026/1993 of 25 June, on the selection and reproduction of equine animals of pure breeds; Order 228/1978 of 26 December of the Ministry of Defence The Regulation on registration of pure-bred animals, and Order 70/1986, is hereby approved, of 21 August, of the Ministry of Defense, for which registration-registration is created for the Spanish-Arab caballar race.

In this Royal Decree, those aspects that the acquired experience advises to maintain and modify those others that require an urgent update are preserved, with the basic aim of giving greater participation and representation in the various decision-making bodies to breeders, through their respective associations.

The special configuration and characteristics of the equine breeds, with very different aptitudes and utilities to the rest of the livestock species, compels us to establish a regulation that guarantees a high degree of homogeneity. for proper regulation and guardianship.

Thus, the genealogical books of equidae of pure race and registered equidae are configured, as administrative records of public ownership, and there must be one for each race.

According to this configuration, this Royal Decree establishes the legal framework in which the actions that affect the genealogical books and other activities that are derived from them, through their management by an official body or by private organisations or associations of breeders of equidae, freely constituted, aimed at the conservation, improvement and promotion of breeds.

This provision is made under the scope of the rating contained in Article 149.1. 13. The Constitution, which attributes to the State exclusive competence in the field of bases and coordination of the general planning of economic activity.

In the handling of this Royal Decree, the representative entities of the sector and the Autonomous Communities have been consulted.

In its virtue, on the proposal of the Minister of Agriculture, Fisheries and Food, after the approval of the Minister of Public Administration and favorable report of the Ministry of Defense, according to the State Council and previous Decision of the Council of Ministers at its meeting of 31 October 2002, D I S P O N G O:

CHAPTER I

General principles

Article 1. Object.

This Royal Decree lays down the zootechnical and genealogical conditions of equidae of pure breed and registered equidae, the legal regime concerning the management of genealogical books, procedures and criteria of The registration of equine cattle in books of national and international character and selection of players. It also lays down the legal arrangements for registered equidae associations and breeders ' organisations.

Article 2. Pure equine and registered equidae.

1. For the purposes of this Royal Decree,

following definitions shall apply:

(a) Equid: the domestic animal of the equine or asnal species or the animal obtained from the crossing thereof.

(b) Registered Equid: the registered or registered equine or who may be registered in a genealogical book, in accordance with the criteria established for his registration and identification in this Royal Decree.

2. This Regulation shall apply to the following equine breeds and registered equidae which, for the purposes of this provision, shall be regarded as pure-bred:

a) Within the national scope:

1. Chair: pure Spanish breed (PRE), pure Arab race (PRA), pure English blood (PSI), Anglo-Arab race (A-a), Spanish-Arab race (H-a) and Spanish horse sport (CDE).

2. Tenders: Spanish trotter (TE).

3. Shooting (Tyre): brethona, postier-brethona, percherona and ardenesa.

(b) The Autonomous Communities shall establish the relationship of the pure equine races with a regional autonomy, as well as the criteria of their determining purity, in accordance with the provisions of this Royal Decree.

Article 3. Genealogical book.

1. The family book, which will be unique for each breed, is the administrative register of public ownership in which the equidae of pure race are inscribed, making mention of their ancestors and descendants.

2. The herd book shall be managed by an official service for the following functions:

a) Elaboration and taking of the genealogical book of pure-bred equidae.

(b) Registration on registration of pure-bred equidae, upon accreditation of compliance with the specific requirements laid down for that breed, in accordance with the provisions of this Royal Decree.

c) Identification and qualification of animals.

d) Establishment of the embodiments and the procedure for the evaluation of the players.

e) Collaboration with recognized breeders ' associations for the elaboration and execution of the selection scheme and improvement plan, endorsed by the scientific advice of some entity, department of genetics or center of research, to carry out a genetic evaluation of the animals, from the

results of the valuation of the players and the control of yields.

f) Definition of the rules of competitions and competitions, in conjunction with recognised breeders ' associations, to record the results of the animals participating in the relevant merit records, for the control of yields and their consideration in the selection schemes and verify their compliance.

g) Realization of the control of yields, parentage and parentage.

h) Elaboration of a list of breeders, to which they must grant a code or acronym for identification and updating of the same one with an annual character, indicating the state of each livestock (high and low).

i) Establishment of certificates of birth, covering, artificial insemination, transplantation of ova or embryos, registration, assessment of equidae and other identification documents provided for in this Royal Decree or Community legislation.

j) Emission and disclosure of newsletters, magazines or other publications and media, in particular for information concerning the animals included in the different records of the genealogical book.

It should be differentiated between the breeding, male and female, and their products, with indication of the most significant data: name, sex, ascending in two generations, descendants, code, layer, year of birth, breeder and owner.

3. In the field of the General Administration of the State, the autonomous agency Fund for the Operation of the Services of Cabillar and Traces, attached to the Ministry of Defense, is the body designated by the Ministry of Agriculture, Fisheries and Food as official service of the State, which shall develop the functions of paragraph 2 of this Article according to the criteria set out in this Royal Decree.

Article 4. Division of the genealogical book.

1. The herd book shall be composed of at least the following records:

(a) Registration of births: for equidae of both sexes born to players belonging to the main register or to the auxiliary register, in the case where the latter exists, and who have fulfilled the conditions of the Article 7.

(b) Main register: for those specimens that have completed three years and come from the birth register and satisfy the conditions laid down for each breed.

Within this record, the following special registers will exist, provided that it is not prevented by the race's own international regulations:

1. Registration of qualified players: in which the animals which have been favourably passed the assessment tests provided for in Article 8 (1) (a) of this Royal Decree shall be registered.

2. Registration of elite players: for those who are subjected to a genetic evaluation, as provided for in Article 8.1.b) of this Royal Decree.

2. In addition, except in cases where, in accordance with international law, the following records may not be established, which shall comply with the technical criteria 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 being declared unfit for reproduction or for other circumstances, but they pass the test of qualification for each cattle breed and show 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) foundational registration: for new-creation genealogical books, which do not have registered copies, in which those animals which satisfy the minimum characteristics for the recovery of the breed or the conditions laid down for the opening of this new register.

(c) Record of merit: in which the animals which, in addition to the requirements laid down in Article 8.1.a), have been registered, have demonstrated outstanding morphological and functional qualities.

Article 5. National equine census of pure breeds.

1. The official service designated for the management of the herd-books of pure-bred equidae, shall provide the information collected in the same to the Directorate-General of Livestock of the Ministry of Agriculture, Fisheries and Food, duly updated annually, which shall include information relating to the census of live animals, males and females, registered in their registers. To this end, the breeders must submit to the official service the livestock states, indicating the ups and downs, before 31 December of each year.

2. The Autonomous Communities shall send to the General Directorate of Livestock the information concerning the census of the animals recorded in the Community-wide herd-books.

CHAPTER II

procedural rules

Article 6. Identification of the animals.

1. The equines must be reviewed and accompanied by an identification document which gathers the minimum data set out in the Annex to this Royal Decree, the name assigned and their codification shall take account of the international criteria.

2. For those born from 1 January 1998, the passport laid down by Commission Decision 93 /623/EEC of 20 October 1993 establishing the identification document to accompany equidae shall be required. as amended by Commission Decision 2000 /68/EC of 22 December 1999.

3. Equidae of pure national origin shall be protected after their birth. The review shall be carried out by an official veterinarian or by personnel authorised by the competent authority for these purposes at the mother's foot and before the weaning, complementing it in the same act with the introduction of an electronic identification system. appropriate to the ISO (microchip) regulation and sampling for the analysis of their genetic markers. The microchip must be implanted on the left side of the animal's neck, in the upper third and under the cervical ligament.

4. The review shall be updated, in the case of animals qualifying for breeding or at the request of the farmer.

5. In intra-Community trade, equidae registered in the State of dispatch shall, with the exception of the mutual agreement between the two organisations or associations concerned, be registered or entered in the herd-book. corresponding to Spain being the State of destination, each with the same name, making reference to the country of birth, in accordance with international agreements.

6. The name of origin of the equine may be preceded or followed by another name, even on a provisional basis, provided that the name of origin is kept in brackets, during the life of the equine concerned, and that the country is indicated of birth by means of the acronyms recognized in international agreements.

Article 7. Registration of the equidae in the genealogical book.

1. Only copies in which the circumstances specified in this Royal Decree and whose origin and genealogy have been duly verified shall be the subject of registration in their respective family books.

2. In the register of births of the breeding book for each of the breeds listed in Article 2, animals which satisfy the following requirements shall be entered as products of ancestry:

(a) Provening of progenitors entered in a herd book of this breed, or of progenitors admitted in crossing to produce such a breed, carried by an official service or by a recognised association or organisation officially for such purposes.

b) Haber has been declared the cover by the paradist, when it is carried out by natural mount, or if this is possible in accordance with the rules of each race, having been declared insemination artificial or the transfer of embryos, by the optional veterinarian responsible for the embryos, and having been declared the birth, by the optional veterinarian, through the documents or forms established for these purposes.

(c) Haber has been identified, as set out in Article 6 of this Royal Decree.

d) To have controlled the filiation by analyzing the genetic markers, following the internationally recognized criteria and as determined by the regulations of each race.

e) Haber applied for registration in a genealogical book within the maximum period of six months from the date of birth of the product.

3. Initial registration as a player shall be for equidae which do not meet the requirements of the previous paragraph, but which are authorised for reproduction and registration in a given herd book, if they comply with the following: conditions:

(a) Haber been identified as provided for in Article 6.

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

(c) Have been admitted by the entity managing the herd book.

4. Without prejudice to Royal Decree 52/1995 of 20 January laying down the principles governing the zootechnical and genealogical conditions applicable to imports of animals, semen, ova and embryos from third countries, equidae imported for registration must meet the following conditions:

a) Haber communicated its import and requested its registration.

(b) Have provided the passport or family card or, where applicable, the export certificate issued by the entity managing the family book of the country of origin.

c) Meet the conditions for enrollment in the genealogical book of that breed.

Article 8. Rating of players.

1. For their qualification as "qualified players" or "elite players", where this is possible in accordance with the specific rules of each breed, the equidae shall be subject to an assessment showing their qualities. genetic and reproductive, with the following modalities:

(a) "Qualified producers" means players of three or more years of age, males and females who demonstrate a minimum ability to reproduce by exceeding the basic level established for the racial prototype or morphology, functional test and examination of the reproductive system.

The qualification of the animals as "qualified players" will appear in your passport or genealogical card.

(b) "elite producers" means players aged seven or over, male and female, who are included in the register of qualified players and who have undergone a genetic evaluation, within the framework of the the selection scheme, through the control of the morphological, functional and reproductive parameters of the animals themselves and their descendants.

It may also be considered as elite players for animals, males or females, which, although not included in the register of qualified players, have had descendants with outstanding sporting merits in the framework of the plan to improve the race.

2. Animals which have been qualified as breeding animals on the basis of rules prior to the entry into force of this Royal Decree shall be included in the main register.

Article 9. Selection scheme and improvement plan.

1. The results of the evaluation of breeding and yield control will be integrated into a selection scheme and improvement plan, which allows an objective assessment of the animals, in order to achieve a genetic improvement in the horse purebred.

2. The scheme of selection and improvement plan will be jointly developed by the official service and the associations of recognized breeders, and analyzed by the General Commission of the Genealogical Books of Equidae, and will be approved by the Ministry Agriculture, Fisheries and Food.

Article 10. Control of yields.

The control of yields shall be carried out in order to ascertain the genetic value of the animals and may be carried out through any of the following paragraphs:

(a) Test tests carried out at control stations of approved yields or training centres, in order to approve the conditions and limit the environmental factor, in a series of animals which will be subjected to several tests established for the purpose of knowing their skills.

b) Field tests.

c) Test results or morphological and functional contests.

d) Individual indices following the results of the competitions in the various equestrian disciplines.

e) Genetic Indices that consider all genealogical, sports and environmental data of animals to know their genetic values as breeding and control of their offspring.

Article 11. Resources.

1. Against acts dictated by the entities which manage the herd-books of equidae, in the exercise of the powers provided for in this Royal Decree, the administrative appeal of the Court of Appeal shall be brought before the competent authority of the Administration. which has designated the official service.

2. In the field of the General Administration of the State, against the acts dictated by the Fund for the exploitation of the Cestar Caballar Service and in its capacity as a management body for the family books of equidae at national level, it may be Appeal to the Director General of Livestock in the Ministry of Agriculture, Fisheries and Food.

CHAPTER III

Collaborative organs

Article 12. General Commission of the Genealogical Books of Equidae.

1. In order to inspect, verify and control the proper management of the genealogical books of pure-bred equidae, as well as to represent a forum for meetings between the administration and the sectors concerned, it is hereby established the General Commission of the Genealogical Books of Equidae.

2. The General Commission of the Genealogical Books of Equidae, a collegial organ of interdepartmental character, will be attached to the Ministry of Agriculture, Fisheries and Food, through the General Secretariat of Agriculture, according to the following composition:

(a) President: the Director General of Livestock, with a vote of quality.

b) Vice-Presidents:

1. First: the President of the autonomous agency Fund for the exploitation of the Cría Caballar and Traces Service.

2. Second: the Subdirector-General of Animal and Animal Nutrition.

c) Vocals:

1. Three vowels appointed by the Ministry of Agriculture, Fisheries and Food.

2. Three vowels appointed by the Ministry of Defense.

3. A vowel representing each of the national equine races, designated by the recognized organizations or associations.

(d) Secretary: an official of the General Secretariat for Animal and Animal Nutrition, appointed by the Director General of Livestock, with a voice and vote.

The representatives of the scientific or sports field that the Ministry of Agriculture, Fisheries and Food will determine in each case may be part of this Commission, as technical advisors with a voice but without a vote.

3. It is for the Commission:

a) Verify the operation of the various books.

b) Inform projects of general provisions applicable to equine livestock.

c) Propose the necessary modifications of the regulations that regulate the processes of selection and assessment of the different equine races and analyze the plans of improvement, after the proposals of the subcommittees of the races referred to in paragraph 4.

d) Determine the blood or DNA controls applicable to each race that guarantee the authenticity of the inscriptions.

e) Maintaining relationships with international organizations that perform the same function in different countries.

f) Propose the inclusion in the official catalogue of breeds of cattle in Spain of new equine breeds.

g) To determine annually the maximum number of females to be covered or to be inseminated by the same stallion.

(h) Inform applications for administrative concession for the management of breeding books of breed to an association or organisation of breeders of pure-bred equidae.

i) Servir as permanent organ of relationship between the General Administration of the State and the associations of breeders of registered equidae.

4. The General Commission of the Genealogical Books of Equidae shall constitute subcommittees responsible for providing the necessary technical support in the exercise of their functions, being able to create a subcommission by race.

Those subcommittees, which will have the consideration of working groups, will maintain the same balance of representatives of the General Administration of the State and the representative entities of the races.

5. The legal regime as not provided for in this Royal Decree shall be in accordance with the rules contained in the matter of bodies governed by Chapter II of Title II of Law No 30/1992 of 26 November 1992 on the Legal Regime of Administrations Public and the Common Administrative Procedure.

Article 13. Reference center for selection, training tests and performance control.

The Minister of Agriculture, Fisheries and Food shall designate, on a proposal from the General Commission of the Genealogical Books of Equidae, the official reference centres to carry out and contrast, where appropriate, the selection tests, training, performance control and other actions carried out by the managing bodies of such books.

Article 14. Reference center for reproduction and artificial reproduction methods.

1. The Minister for Agriculture, Fisheries and Food shall designate the centre to act as a reference for the approval of all activities relating to animal reproduction and to the bank of animal germplasm.

2. The European Animal Germplasm Reproduction and Bank Committee shall provide guidance on the criteria governing the extraction, use and freezing of semen, ova and embryos and shall coordinate the implementation of reproductive activities. in the different cattle breeds.

3. Artificial breeding methods (artificial insemination, egg and embryo transplantation), for the purposes of the inclusion of these products in the herd book, shall be authorised only in the native breeds of animals belonging to the records of qualified players and elite players included in the main register.

For non-native breeds, the use of these methods will follow international guidelines.

4. The certificates to accompany semen, ova and embryos for the future inclusion of the animals in the herd book are those laid down by Commission Decision 96 /79/EC of 12 January 1996 laying down the conditions for the introduction of the zootechnical certificates relating to semen, ova and embryos of registered equidae.

Article 15. Laboratory for identification and control of parentage.

The Laboratory of Molecular Genetics of the autonomous agency Fund for the exploitation of the services of Cría Caballar and Traces is designated as a reference center for the realization of genetic markers, in order to approve the techniques of analysis, following the international criteria in the field, to ensure the genealogies of the equidae entered in the genealogical books.

CHAPTER IV

Organization and associations

Article 16. Organisations or associations of breeders of pure-bred equidae.

1. The breeders ' organizations or associations of pure-bred equidae are private, national, non-profit and legal entities with legal personality and their own and independent assets of their partners, integrated primarily by breeders and constituted for the purpose of conservation, improvement and promotion of equine breeds. For the purposes set out in this Royal Decree, breeder shall mean the person who breeds pure equine animals for the purpose of his reproduction and who is the owner of the mother at the time of the birth of the product.

2. The breeders ' organizations or associations of pure-bred equidae shall be officially recognized once accredited that their social object has as a priority the promotion and defense of the pure equine breeds and are open, without discrimination, the possibility of integration into the same breeders and holders of equidae of pure breed.

3. The recognition shall be granted at the request of the association or organization concerned in accordance with the procedure laid down in Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Procedure Joint Administrative.

4. The application must be accompanied by an authorized copy of the statutes of the organization or association, in which the following extremes are found:

(a) Denomination, associative object and relation of the equine races to whose actions of promotion and defense are constituted and territorial scope of action.

(b) Criteria of incorporation, specifying that the integration into the association shall be open, without discrimination, to breeders and holders of pure-bred equidae who so request, which must have a code or symbol for identification.

c) Social address and other premises and facilities.

d) General organic structure, with concrete expression of the organs of government, representation, administration and control.

e) Basic duties and duties of its members.

f) System of responsibility of the holders and members of the different organs.

g) System of choice and cessation of government and representation organs, guaranteeing their provision by free, equal, direct and secret suffrage.

(h) Operating arrangements in general and, in particular, the adoption of agreements by their collective bodies.

i) Economic and financial system, which must specify the character, origin, administration and destination of its resources.

j) Documentary arrangements of the association, including the systems and causes of information to the partners or breeders.

k) Internal disciplinary regime.

l) Causes of extinction and dissolution.

m) Procedure for the approval and reform of its internal statutes and regulations.

5. The organisations or associations of breeders of pure and legally recognised equidae shall have the consideration of representative entities for the purposes of their dialogue and cooperation in the taking of such decisions which may affect the interests representing, in particular, the monitoring and implementation of the specific programmes for the selection, improvement and recovery, and in the conduct of public competitions, exhibitions and competitions.

6. Failure to comply with the determining requirements for such recognition shall give rise, after instruction in the administrative procedure in which the association or organisation concerned will necessarily be heard, to the declaration of extinction of the recognition.

7. In order to assess the degree of representativeness of the breed through the various officially recognised national organisations or associations, they shall be sent annually in December to the Ministry of Agriculture, Fisheries and Food accredited by the number of breeders and mares owned by their associates, which will determine their degree of representativeness.

Article 17. Competition.

1. The Ministry of Agriculture, Fisheries and Food is responsible for the official recognition of the breeders ' organizations or associations of equidae, in accordance with the criteria laid down in this Royal Decree, and the regulation of equine breeds. at national level.

2. It is for the Autonomous Communities to grant official recognition of the organizations or associations of breeders of equidae and the regulation of autochthonous equine breeds.

Article 18. General registration of organizations and associations of breeders of pure-bred equidae.

1. The Ministry of Agriculture, Fisheries and Food shall establish a general register of breeders ' organizations or associations of pure-bred equidae, which shall include all those which have obtained the official recognition of agreement with the provisions of this Royal Decree and the entries that affect them, including, where appropriate, their extinction.

2. The Autonomous Communities shall communicate to the Ministry of Agriculture, Fisheries and Food the decisions granting and extinguishing the recognition of the organizations or associations and the administrative divisions for the management of the breeds. (a) indigenous equine animals, as well as any other data supplied by them, for the purposes of the relevant entries and amendments in the general register referred to in the preceding paragraph.

Article 19. Granting of aid and incentives.

The Ministries of Agriculture, Fisheries and Food and Defence will finance and establish, in accordance with the available budget, lines of support for recognised breeders ' organisations or associations and entities concessionaires of the management of genealogical books, for the performance of actions aimed at the promotion and defence of pure equine breeds, and, in particular, for the performance of the following activities:

a) Elaboration and implementation of improvement plans and selection schemes.

b) Realization of tests for the control of yields.

c) Realization of studies and statistics on ethnology, zootechnics and production.

d) Creation of germplasm banks.

e) Import and purchase of animals and high value genetic material.

f) Activities of the genealogical book.

g) Assistance to meetings, competitions, competitions, auctions and exhibitions, of a national or international nature.

h) Realization of training courses.

i) Realization and promotion of cattlemen.

j) Primas for reproduction with qualified and elite animals.

Additional disposition first. Management of the genealogical books by an organization or association.

1. Administrative concession:

(a) For reasons of public interest, the management of the herd-book of an equine breed to an organisation or association of breeders may be attributed in accordance with the criteria laid down in this additional provision. representative of the breed. This designation shall be the responsibility of the Ministry of Agriculture, Fisheries and Food prior to the report of the Ministry of Defence in the case of national races and the competent authority of the Autonomous Community in the case of races of autonomic.

(b) For each equine breed only a recognized association or organization may exist for the conduct of the family book. The grant for the management of the herd-book shall be granted, where it is deemed appropriate to the public interest, under the principles of non-discrimination and free competition, to the association or organisation of breeders recognised in accordance with the provisions of Articles 16 and 17, which are better suited to the fulfilment of the objectives set out in this Royal Decree, with a view to the degree of representativeness and implementation, the impartiality for the exercise of functions and the capacity and means, made available for the achievement of the tasks provided for in the Royal Decree.

(c) The organisations or associations of breeders of recognised equine breeds wishing to apply for the administrative concession for the management of the herd book shall accompany the application together with the application:

1. "Accreditation", which must appear in the statutes of the organization or association, to ensure non-discriminatory treatment of breeders, whether or not they are integrated in the organization, and to other organizations or associations formed for the defence of equine breeds and the provision of the services of the herd-book to all those who fulfil the requirements, whether or not they are partners, under the conditions to be agreed upon granting the title of the contributing entity.

2. The accreditation of a sufficient number of holdings and an adequate census of breeding and stallion females to carry out a selection and improvement programme.

3. Accreditation of having the necessary infrastructure in both material and qualified personnel, in particular with veterinary training, either own or contracted, for the development of all functions provided for in this provision.

4. Accreditation of having the capacity to exercise the controls for the registration of genealogies and to facilitate the data that allow the realization of the improvement program.

5. Financial resources for the implementation of all the activities provided for in this provision, for which the budget of expenditure and revenue shall be presented either by services or by contributions from partners, or other resources, in addition to the grants awarded by the Administration.

(d) Once granted, they shall be considered as collaborating entities of the Administration in the management of the genealogical books, and shall be subject to the provisions of Law 30/1992.

e) The territorial scope of the activities of the organizations or associations referred to in this article, in the development of the competencies that are their own, extends to the whole of the national territory.

2. Functions:

(a) The concessionary organizations or associations of the genealogical books of the equidae of pure breed exercise, under the coordination and supervision of the competent authority of the Administration which has granted the administrative concession, the public functions of an administrative nature referred to in Article 3.2 of this Royal Decree.

(b) Once recognised, they shall be required to supply the information referred to in Article 5 of this provision, for which information relating to the Member States of the European Union shall be obtained from the associated breeders and breeders. livestock and high and low.

c) The concessionary organizations or associations of the management of the genealogical books of the equine races perform the functions of guardianship, control and supervision that the legal system recognizes them.

The acts carried out by them in the exercise of the administrative functions of an administrative nature, as mentioned above, are liable to appeal to the competent authority of the administration which has granted the administrative concession.

(d) Within the scope of the General Administration of the State, the Director-General of Livestock, of the Ministry of Agriculture, Fisheries and Food, whose acts deplete the road, shall be competent for the purposes provided for in the previous paragraph. administrative.

3. Grounds for revocation of the administrative concession for the management of the breeding books of equidae:

a) Are causes of revocation:

1. Registration in the records of the herd book of equidae without observance of the requirements set out in this Royal Decree.

2. The refusal to practice the registration of equidae for unjustified causes, once the final estimate of the registration has been passed.

3. º Any gross negligence in the duty of supply of the data and documents identifying the animals to the partners or breeders.

4. The finding of discriminatory treatment for breeders or holders of equidae, whether or not they are integrated into the association, is a non-discriminatory.

5. Any other serious and repeated non-compliance with the functions for which it was recognized.

(b) In the procedures carried out by the General Administration of the State, the revocation of the concession shall require the prior report of the Technical Inspector of Race, duly reasoned, and of the Commission of the Genealogical Books of Equidae, after hearing of the organisation concerned.

4. Technical Inspector of the Race. -In the cases referred to in this additional provision, the Administration responsible for granting the administrative concession shall appoint the Technical Inspector of the Race for the performance of technical control and supervision of the breeding books of equidae of pure equine breeds, the functions of which shall be as follows:

(a) Carry out technical control of the application of the standards established for each race, both at national and international level, by checking the application of the same to existing horses in other countries, for the purposes of their inclusion in the Spanish genealogical books.

b) Inspect the application of the criteria of the genealogical book, the control of yields and the selection scheme, in order to verify the correct or incorrect application of the corresponding rules.

c) Propose the actions in the management of the genealogical books to be reexamined, confirmed or arbitrated.

d) Orientate and propose the necessary actions to achieve an improvement of the race.

e) Propose the revocation of the administrative concession for the management of the genealogical books of the registered equidae for non-compliance with the requirements and conditions that determined that.

f) Inform the resources of the show against the disqualifications of animals as qualified, elite and/or entry players in the merit register.

g) In the field of the General Administration of the State, the Technical Inspector of Race shall be a public official designated by the Ministry of Agriculture, Fisheries and Food.

Additional provision second. Conventions for the management of family books of equidae of regional races.

The Fund for the Operation of the Cría Caballar and Traces will be able to manage the genealogical books of equidae of the autonomous races, in the form that the Autonomous Communities determine and in the framework of the Conventions. which, to the effect, agree to subscribe to both administrations.

Additional provision third. Conventions for the inclusion of purebred animals from other countries.

The Fund for the Operation of the Cabillar and Traces Service and the concessionary entities in the management of breeding books of pure-bred equidae may enter into agreements with the official services or, where appropriate, with breeders ' organisations or associations of other countries for the inclusion of their animals in the relevant family book in Spain, provided that such organisations are legally recognised by their countries of origin, at least, the conditions of Article 16 and ensure compliance with the criteria laid down in the present provision.

For the implementation of these agreements it will be necessary to inform the Ministry of Agriculture, Fisheries and Food and obtain a favorable opinion for their achievement.

Additional provision fourth. Organisations or associations of equidae breeders of pure breed of special protection in danger of extinction.

Notwithstanding the provisions of Article 16 of this Royal Decree, the associations or associations of breeders of pure-bred equidae, recognised under Royal Decree 997/1999 of 11 June 1999 on the promotion of breeds Spanish autochthons of special protection in danger of extinction shall be validly recognized for the purposes set out in this Royal Decree.

Additional provision fifth. Public prices.

Annually, under the Order of the Minister of Defense, on a proposal from the President of the Exploitation Fund of the Cría Caballar and Traces Service, the amounts of the public prices to be paid by all of them will be fixed. services to be provided. These amounts shall be based on the actual costs incurred by the actions.

Additional provision sixth. Operation of the general register of breeders ' organisations and associations of pure-bred equidae.

The establishment and operation of the general register of breeders ' organizations and associations of pure-bred equidae, provided for in Article 18 of this Royal Decree, will not entail an increase in public expenditure and will be attended to with the personal and material resources of the Ministry of Agriculture, Fisheries and Food.

First transient disposition. Transitional purity criteria.

As long as the Orders establishing the specific regulations of the equine breeds referred to in Article 2 of this Royal Decree are not approved, the provisions governing the criteria of the same purity of the above breeds, following, where appropriate, the international criteria established for those breeds which are not considered to be indigenous.

Second transient disposition. System of resources.

The procedures initiated prior to the entry into force of this Royal Decree will be governed by the provisions of the regulations in force at the time of its opening.

However, against decisions given under the previous rules, which are not final on administrative basis at the date of entry into force of this provision, the administrative resources provided for in this Regulation may be brought in. Royal Decree, which shall be governed by the provisions thereof.

Single repeal provision. Regulatory repeal.

Royal Decree 1026/1993 of 25 June 1993 on the selection and reproduction of equine animals of pure breeds is hereby repealed; Order 228/1978 of 26 December of the Ministry of Defence, approving the Registration-Matriculation of Horses and Yeguas of Pura Raza; Order 70/1986, of 21 August, of the Ministry of Defense, for which the Registration-Matriculation is created for the Hispanic-Arab Horse Race, as well as any other provision of equal or lower the rank that is opposed or contradicted as set forth in this Royal Decree.

Final disposition first. Regulatory enablement.

The Minister of Agriculture, Fisheries and Food is empowered to develop this Royal Decree and to approve the specific regulations of pure equine breeds.

The Minister of Defense is also empowered to develop this Royal Decree as regards

the performance of the autonomous agency Fund for the Operation of the Cría Caballar and Traces.

Final disposition second. Competence title.

This Royal Decree constitutes basic rules and is dictated by the State competence on the basis of and coordination of the general planning of economic activity referred to in Article 149.1.13. Constitution.

Final disposition third. Entry into force.

This Royal Decree shall enter into force on the day following that of its publication in the "Official Gazette of the State".

Given in Madrid at 31 October 2002.

JOHN CARLOS R.

The Minister of Agriculture, Fisheries and Food,

MIGUEL ARIAS CANETE

ANNEX:

(SEE IMAGES, PAGE 38937 TO 38938)