Joint Committee on Statutory Instruments Twenty-Third Report


APPENDIX I

Memorandum by the Minister of Agriculture, Fisheries and Food

HORSE PASSPORTS ORDER 1997 (S.I. 1997/2789)

1.  The Committee asked -

    "Explain the purpose and effect of article 15 and in particular why it does not also apply in relation to horses born on or after 1st January 1998".

2.  Article 15 of the Order states that "in the case of a horse born before 1st January 1998, a horse passport shall be sufficient identification for the purposes of the identification document required under the provisions of Article 8 of Council Directive 90/427/EEC".

3.  Article 15 implements a requirement of article 8 of Council Directive 90/427/EEC that "Member States shall ensure that in their movements, registered equidae are accompanied by an identification document drawn up by the Commission....". The form of identification document (passport) is not specified in the Directive but in Commission Decision 93/623/EEC.

4.  In addition, that provision of the Directive is qualified by Article 2 of the Decision which provides that the identification document (passport):- "-may accompany registered equidae born before 1 January 1998; - must accompany registered equidae born on or after 1 January 1998".

5.  An owner of a horse born before 1 January 1998 might request a passport for it, for example, to facilitate its entry into competitions in another member State. In such a case, article 15 of the Order implements the requirement in article 8 of the Directive for the animal to be accompanied by an identification document drawn up by the Commission.

6.  Article 15 of the Order therefore only applies in those cases where the owner of a registered horse born before 1 January 1998 has voluntarily requested a passport. It does not apply in relation to horses born on or after 1st January 1998. The Order makes it compulsory to apply for a passport for such horses and for them to be accompanied by a passport when moved.

7.  The memorandum has been agreed with the Scottish Office and the Welsh Office.

19th January 1998

Further Memorandum by the Ministry of Agriculture, Fisheries and Food

HORSE PASSPORTS ORDER 1997 (S.I. 1997/2789)

1.  The Committee has requested a further memorandum in relation to this Order and asked -

    "Is article 9 of the Order (which requires the keeper of a horse in respect of which a horse passport has been issued to ensure that the horse is accompanied by its passport in the circumstances specified in that article) intended to apply in the case of a horse born before 1 January 1998 in respect of which a horse passport has been obtained voluntarily?

    If the answer is yes -

    (a)    does not article 9 (and not article 15) implement the requirements of article 8 of Council Directive 90/427/EEC;

    (b)    having regard to article 2 of Commission Decision 93/623/EEC, ought not article 9 to have been limited to horses born on or after 1 January 1998;

    (c)    if the answer to (a) and (b) is yes, what Community obligation is implemented by article 15?"

2.  The answer is no. Article 9 is not intended to apply in the case of a horse born before 1 January 1998 in respect of which a horse passport has been obtained voluntarily. The provisions of article 9 should have been limited to registered horses born on or after 1 January 1998. The Ministry is grateful to the Committee for drawing the drafting error to its attention and will take steps to amend the provision.

3.  This memorandum has been agreed with the Scottish Office and the Welsh Office.

4th February 1998


 
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