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Royal Decree 1026 / 1993, Of 25 June, On The Selection And Reproduction Of Purebred Equine Cattle.

Original Language Title: Real Decreto 1026/1993, de 25 de junio, sobre selección y reproducción de ganado equino de razas puras.

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TEXT

Council Directive 90 /427/EEC of 26 June concerning the zootechnical and genealogical conditions governing intra-Community trade in equidae constitutes the basis on which Community legislation is based on the selection and reproduction of breeds of equine animals, with special treatment of genealogical books, establishing the possibility for them to be carried by associations or organisations officially approved or recognised, and an official service of the Member State, currently being considered as such the Service de Cria Caballar, from the Ministry of Defense.

This provision makes the transposition of this Directive into effect, laying down those additional basic provisions necessary for its implementation.

In its virtue, consulted the sectors concerned, on the proposal of the Minister of Agriculture, Fisheries and Food, in agreement with the Council of State, and after deliberation of the Council of Ministers at its meeting of June 25, 1993,

D I S P O N G O:

Article 1.

This provision defines the zootechnical and genealogical conditions governing the Community trade in equidae, their semen, ova and embryos.

Article 2.

For the purposes of this Royal Decree, the following definitions shall apply:

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

(b) : the registered or registered equine or who can be entered in a genealogical book, in accordance with the criteria to be established for the registration and registration in the genealogical books, and by the document set out in Annex I.

(c)

: any book, record, file or computer system, carried by an organisation or association authorised or officially recognised at least by a Member State or by an official service of a State Member, and in which the equidae are registered or registered making mention of all their known ascendants.

Article 3.

1. The authorisation or official recognition of any organisation or association of breeders of registered equidae shall be carried out at the request of the Ministry of Agriculture, Fisheries and Food when their territorial scope exceeds that of a Autonomous Community, and by the Autonomous Community concerned when it is circumscribed to that of the Autonomous Community.

2. Such official authorisation or recognition shall be granted to those organisations or associations which fulfil the conditions laid down in Annex II, in compliance with Commission Decision 92/353/EEC of 11 June 2001, establish the criteria for the authorisation or recognition of organisations and associations which carry or create breeding books for registered equidae.

3. The official authorisation or recognition referred to in the preceding paragraph may be refused if there are already one or more officially approved or recognised organisations for a race, if:

(a) The new organisation or association authorised or officially recognised may pose a danger to the conservation of the breed or to compromise the functioning or programme of improvement or selection of an organisation or existing association or,

(b) If the equidae of the breed in question may be registered or registered in a given section of a herd book carried by an organisation or association which respects in particular, section, the principles laid down by the organisation or association leading to the herd-book of origin of that breed, in accordance with paragraph 3 (b) of Annex II.

In the event that the denial occurs, the affected organization or association will be notified, expressing the reasons for the refusal.

4. The authorisation or official recognition may also be revoked for organisations or associations if, as a result of the inspections and controls, the non-compliance with the conditions laid down in the Directive is to be observed on a permanent basis. Annex II.

Article 4.

The Autonomous Communities shall communicate to the Ministry of Agriculture Fisheries and Food the official authorizations or recognition of the organizations or associations they carry out, as well as the refusals and revocations of (a) for the purposes of their transfer to the Commission of the EEC.

Article 5.

1. 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 Genealogical 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.

2. If the statutes of the organisations or associations so permit, 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 indicating his country of birth by means of the initials recognised in international agreements; likewise, the continuity of the identity of the animal may be safeguarded by alternative measures which, where appropriate, establish the competent Community bodies.

Article 6.

At the time of their placing on the market, the semen, ova and embryos of registered equidae shall be accompanied by a zootechnical certificate of origin and identification issued by the competent authority which must be drawn up at least in the official Spanish language of the State and in the language of the country of destination, and in accordance with the model established.

Article 7.

1. The Ministry of Agriculture, Fisheries and Food shall carry out the technical control of the herd-books and the supervision of the operation of the breeders ' organizations or associations of equine breeds authorized or officially recognised and of (a) a higher level than that of an Autonomous Community, which is exclusively dedicated to the work of the selection of the breed.

2. Such functions shall also be carried out by the Autonomous Communities in respect of the organisations or associations of their field.

Article 8.

By the Ministry of Agriculture, Fisheries and Food, in order to safeguard the purity of the various equine breeds throughout the territory of the State, the basic criteria for the Regulation of Genealogical Books and Records, as well as for the control of yields and valuation of the players registered in them.

Additional disposition first.

Articles 2, 3, 6 and 8 of this Royal Decree shall have the character of basic State regulations, in accordance with Article 149.1.13 of the Constitution.

Additional provision second.

In the event that an autochthonous breed does not have a known genealogy, a Genealogical Book or Founding Registry may be established, where the breeding of such breeds may be registered, until the requirements of the breed are met. generally established in this Royal Decree.

Single repeal provision.

As many provisions of the same or lower rank are repealed, they are contrary to the provisions of this Royal Decree.

Final disposition first.

The Minister of Agriculture, Fisheries and Food, within the scope of his powers, is empowered to make the necessary arrangements and to take the necessary measures for the development and implementation of this Royal Decree, and in to amend Annexes I and II to this provision in order to adapt them in the light of the amendments made to them by Community provisions.

Final disposition second.

This provision shall enter into force on the day following that of its publication in the Official Journal of the State.

Given in Madrid on June 25, 1993.

JOHN CARLOS R.

The Minister of Agriculture, Fisheries and Food,

PEDRO SOLBES MIRA

(IMAGE 1 OMITIDA)