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Document 01990L0428-20080903

    Consolidated text: Council Directive of 26 June 1990 on trade in equidae intended for competitions and laying down the conditions for participation therein (90/428/CEE)

    Access initial legal act
    (

    Legal status of the document In force

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    ELI: http://data.europa.eu/eli/dir/1990/428/2008-09-03

    01990L0428 — EN — 03.09.2008 — 001.001

    This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document

    ►B

    COUNCIL DIRECTIVE

    of 26 June 1990

    on trade in equidae intended for competitions and laying down the conditions for participation therein

    (90/428/CEE)

    (OJ L 224 18.8.1990, p. 60)

    Amended by:

     

     

    Official Journal

      No

    page

    date

    ►M1

    COUNCIL DIRECTIVE 2008/73/EC of 15 July 2008

      L 219

    40

    14.8.2008



    ▼B

    COUNCIL DIRECTIVE

    of 26 June 1990

    on trade in equidae intended for competitions and laying down the conditions for participation therein

    (90/428/CEE)



    Article 1

    This Directive lays down the conditions governing trade in equidae intended for competitions and the conditions governing their participation therein.

    Article 2

    For the purposes of this Directive, the definitions set out in Article 2 of Council Directive 90/427/EEC of 26 June 1990 on the zootechnical and genealogical conditions governing intra-Community trade in equidae ( 4 ) shall apply.

    Furthermore, ‘competition’ means any equestrian competition, including horse racing, show-jumping, eventing, dressage, events reserved for horse-drawn vehicles and showing classes.

    Article 3

    1.  
    The rules of competitions may not discriminate between equidae which are registered in the Member State in which the competition is being held and equidae registered in another Member State.
    2.  
    The rules of competitions may not discriminate between equidae originating in the Member State in which the competition is being held and equidae originating in another Member State.

    Article 4

    1.  

    The obligations set out in Article 3 shall apply in particular to:

    (a) 

    the requirements for entering the competition, in particular the minimum or maximum requirements;

    (b) 

    the judging of the competition;

    (c) 

    the prize money or profits which may accrue from the competition.

    ▼M1

    2.  

    However,

    — 
    the obligations referred to in Article 3 shall not affect the organisation of:
    (a) 

    competitions reserved for equidae registered in a specific stud book for the purpose of permitting the improvement of the breed;

    (b) 

    regional competitions with a view to selecting equidae;

    (c) 

    historic or traditional events.

    Member States intending to avail themselves of these possibilities shall make this intention and the justifications thereof available to the other Member States and to the public beforehand;
    — 
    for each competition or type of competition Member States shall be authorised to reserve, through the bodies officially approved or recognised for that purpose, a certain percentage of the prize money or profits referred to in paragraph 1(c) for the safeguard, development and improvement of breeding.
    The percentage may not exceed 20 % from 1993.
    The criteria for the distribution of these funds in the Member State concerned shall be made available to the other Member States and to the public.

    ▼B

    3.  
    The general rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 6.

    Article 5

    1.  
    Until relevant decisions are adopted pursuant to Article 4 of Directive 90/427/EEC, the grounds on which an animal registered in a Member State is refused entry to a competition must be communicated in writing to the owner or his authorized representative.
    2.  
    In the circumstances described in paragraph 1, the owner or his authorized representative is entitled to obtain an expert opinion in accordance with the conditions laid down in Article 8 (2) of Directive 89/662/EEC ( 5 ), which shall apply mutatis mutandis.
    3.  
    The Commission shall, in accordance with the procedure laid down in Article 6, adopt rules for the application of this Article.

    Article 6

    Where the procedure laid down in this Article is to be used, the Standing Committee on Zootechnics, set up by Decision 77/505/EEC ( 6 ), shall act in accordance with the rules set out in Article 11 of Directive 88/661/EEC ( 7 ).

    Article 7

    Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 1 July 1991. They shall forthwith inform the Commission thereof.

    Article 8

    This Directive is addressed to the Member States.


    ( 1 )  OJ No C 327, 30.12.1989, p. 61.

    ( 2 )  OJ No C 149, 18.6.1990.

    ( 3 )  OJ No C 62, 12.3.1990, p. 46.

    ( 4 ) See page 55 of this Official Journal.

    ( 5 )  OJ No L 395, 30.12.1989, p. 13.

    ( 6 )  OJ No L 206, 12.8.1988, p. 11.

    ( 7 )  OJ No L 382, 31.12.1988, p. 36.

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