Select Committee on Merits of Statutory Instruments Thirteenth Report


Appendix 1: Correspondence - Horse Passports (England) Regulations 2004

Letter from Alun Michael, MP, Minister of State at the Department of Food, Environment and Rural Affairs, to the Chairman

I note that the Committee has drawn the attention of the House to these Regulations and that Parliament will have an opportunity to debate the issues next week.

I thought it might be helpful to the Committee and everyone who will read the report if I comment on one particular aspect of the report. The Committee feels that the Regulations 'may inappropriately implement European legislation' and I wish to explain why this is not the case. The core question is whether the European obligation is to require all equines to be issued with identification documents (passports) or only certain ones depending on their intended use.

Commission Decision 2000/68 amending Commission Decision 93/623/EEC and establishing the identification of equidae for breeding and production needs also to be read with Directive 90/426/EEC, and Directive 2001/82/EEC. Article 4 of Commission Decision 2000/68 requires that 'registered equidae and equidae for breeding and production' are accompanied by an identification document.

Registered equidae and equidae for breeding and production are defined in Council Directive 90/426/EEC of 26 June 1990. Article 2 (c) states that 'registered equidae' means any equidae registered as defined in Directive 90/427/EEC, identified by means of an identification document issued by the breeding authority of the country where the animal originates which manages the studbook or register for that breed or any international association or organisations which manages horses for competition or racing. Article 2 (d) explains that 'equidae for slaughter' means any equidae intended to be transported either directly or after transit through a market or an approved marshalling centre to the slaughterhouse for slaughter. Lastly Article 2 (e) states that 'equidae for breeding and production' means equidae other than those mentioned in Article 2 (c) and (d). This effectively means that 'equidae for breeding and production' are defined as all horses other than those which are registered or moved directly to slaughter.

Moreover, Directive 90/426/EEC requires equidae for breeding and production to be identified during movement by a method established by the European Commission. Commission Decision 2000/68 does this.

Horse organisations have taken numerous opportunities to express their support for these proposals, not least because they want to be able to continue to use horse medicines which they could not do if we fail to introduce the passport system properly. For example I enclose copies of letters I have received from the British Equestrian Federation, the British Equine Veterinary Association, the British Hanoverian Horse Society and a recent press release from the International League for the Protection of Horses. [Not printed]

I am writing in similar terms to the Viscount Astor who is moving the debate on 7 July.

29 June 2004


 
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