CRITERIA FOR THE APPROVAL OR RECOGNITION OF ORGANISATIONS AND ASSOCIATIONS WHICH MAINTAIN OR

CRITERIA FOR THE APPROVAL OR RECOGNITION OF

ORGANISATIONS AND ASSOCIATIONS WHICH MAINTAIN

OR ESTABLISH STUD-BOOKS FOR REGISTERED EQUIDAE

SUBSIDIARY LEGISLATION 437.35

CRITERIA FOR THE APPROVAL OR

RECOGNITION OF ORGANISATIONS AND

ASSOCIATIONS WHICH MAINTAIN OR

ESTABLISH STUD-BOOKS FOR REGISTERED

EQUIDAE REGULATIONS *

31st October, 2003

LEGAL NOTICE 329 of 2003.

(1) The title of these regulations is the Criteria for the

approval or Recognition of Organisations and Associations which

m a i n t a i n o r e s t a b l i s h St u d - B o o k s f o r R e g i s t e r e d E q u i d a e

Regulations.

(2) The scope of these regulations is to implement the

provisions found under European Commission Decision 92/353/

EEC laying down the criteria for the approval or recognition of

organisations and associations which maintain or establish stud-

books for registered equidae. This Decision finds a legal basis

under European Union Council Directive 90/427/EEC, article

4(2)(a).

In order to be officially approved or recognised, an organisation or association

which maintains stud-books, establishes sections of stud-books, and establishes

stud-books for registered equidae must

1. have legal personality in accordance with the legislation in force in the

territory of Malta or in the Member State where the application is made;

2. satisfy the competent authorities that it

(a) operates efficiently;

(b) complies with the principles laid down in accordance with paragraph

3(b) of this Schedule by the organisation or association which maintains

the stud-book of the origin of the breed, if it is not an organisation or

association which itself maintains that stud-book of the origin of the

breed;

(c) can carry out the checks necessary for recording pedigrees;

(d) has a sufficient number of equidae to carry out an improvement or

selection programme or to preserve the breed where this is considered

necessary;

(e) can provide the data (on performance for instance) necessary to carry

out an improvement, selection or preservation programme;

3. have established principles on

(a) the system for providing data (on performance for instance) whereby

equidae can be evaluated for the purpose of improvement, selection and

breed preservation;

(b) in the case of an organisation or association which maintains a stud-

book of the origin of the breed

-

the system for recording pedigrees,

-

the definition of the characteristics of the breed (or breeds) or the

population covered by the stud-book,

-

the principles of the system for identifying equidae,

-

the definition of its basic objectives of selection,

-

the division of the stud-book, if there are different conditions for

entering equidae, or if there are different procedures for

classifying equidae entered in the book,

-

lineages entered in one or more other stud-books, where

necessary;

4. have rules of procedure which provide, in particular, for non-discriminatory

treatment of breeders. However, in the event that for one breed in the territory of the

Member States there are several organisations or associations which between them

cover the whole of that territory, the rules of procedure of an organisation or

association may provide that equidae must be born in a given territory to qualify for

entry for birth declaration purposes. This restriction does not apply to entry for

reproduction purposes.

In order to be officially approved or recognised,

organisations or associations which maintain or establish stud-

books must submit an application to the authorities of the Member

State in whose territory their headquarters are situated.

(1) When Malta as Member State is concerned by the

procedure laid down in regulation 2, the authorities concerned must

2. grant official approval or recognition to any organisation or

association which maintains or establishes a stud-book, provided it

meets the conditions laid down in the Schedule.

(2) However, where one or more officially approved or

recognised organisations or associations already exist in respect of

a given breed, the authorities may refuse to recognise a new

organisation or association -

(a) if it endangers the preservation of the breed or

jeopardises the operation or the improvement or

selection programme of an existing organisation or

association, or

(b) if equidae of that breed may be entered or registered in

a specific section of a stud-book maintained by an

organisation or association which applies in particular

for that section the principles laid down in accordance

with paragraph 3(b) of the Schedule by the

organisation or association which maintains the stud-

*These Regulations have been repealed by Legal Notice 11 of 2024.

CRITERIA FOR THE APPROVAL OR RECOGNITION OF

ORGANISATIONS AND ASSOCIATIONS WHICH MAINTAIN

OR ESTABLISH STUD-BOOKS FOR REGISTERED EQUIDAE

book of the origin of that breed.

(3) The concerned authorities shall inform the European

Commission of any official approval or recognition granted, as well

as contested refusals.

(4) Where an organisation or association is refused official

approval or recognition, the reasons for the refusal must be

communicated in writing to the association or organisation.

The authorities in question shall withdraw official approval

o r r e c o g ni t i on f r o m a ny o rga n is a t i on or a s s o c i a t i o n w h ic h

maintains a stud-book if it no longer consistently meets the

conditions laid down in the Schedule.

CRITERIA FOR THE APPROVAL OR RECOGNITION OF

ORGANISATIONS AND ASSOCIATIONS WHICH MAINTAIN

OR ESTABLISH STUD-BOOKS FOR REGISTERED EQUIDAE