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28.12.

2000 EN Official Journal of the European Communities C 374 E/201

4. Can the German Trotting Federal require owners of trotting horses from another EU Member State to
stable horses of German nationality in Germany for six months of the year?

5. Can the German Trotting Federation remove trotting horses from the German Studbook and races
for failure to apply for an export document or for exceeding the period allowed for export within the EU?

Answer given by Mr Byrne on behalf of the Commission

(16 May 2000)

The Commission is not aware of the problems mentioned by the Honourable Member and has therefore
launched an inquiry with the authorities concerned. The competent authority of one Member State already
officially informed the Commission that they had requested the appropriate documentation from the
organisation in question. The Commission will reply direct to the Honourable Member about these
findings.

Community legislation with regard to equidae covers various aspects. The animal health conditions for
movement and imports of equidae are laid down in Council Directive 90/426/EEC of 26 June 1990 (1), and
the veterinary certificate to be used in combination with the passport for registered equidae is laid down in
Annex B of that Directive. Unless Member States apply the provisions of Article 6 of that Directive, an
animal health certificate must be completed by an official veterinarian of the Member State of dispatch
each time the animal is intended to be moved to another Member State, independently of whether this
‘export’ is permanent or temporary. This certificate is valid for a period of 10 days and may therefore be
used for more than one ‘border crossing’ within this period.

The zootechnical and genealogical conditions for intra-Community trade in equidae are laid down in
Council Directive 90/427/EEC of 26 June 1990. Based on this Directive, Commission Decision 92/353/
EEC of 11 June 1992 lays down the criteria for the approval or recognition of organizations and
associations which maintain or establish stud-books for registered equidae (2). In accordance with this
Decision, it is the responsibility of the Member States to approve the organizations and associations, in
particular to avoid any discrimination of breeders. The criteria for entry and registration of equidae in
stud-books for breeding purposes are laid down in Commission Decision 96/78/EC of 10 January 1996 (3).

Council Directive 90/428/EEC of 26 June 1990 on trade in equidae intended for competitions also lays
down the conditions for participation therein.

(1) OJ L 224, 18.8.1990.
(2) OJ L 192, 11.7.1992.
(3) OJ L 19, 25.1.1996.

(2000/C 374 E/238) WRITTEN QUESTION P-1022/00
by Mogens Camre (UEN) to the Commission

(29 March 2000)

Subject: Authority of the EU Monitoring Centre on Racism and Xenophobia

According to the 6 March 2000 edition of the respected Danish newspaper Berlingske Tidende, Mrs Beate
Winkler, Director of the EU Monitoring Centre on Racism and Xenophobia, has just taken part in a
multiethnic congress in Copenhagen.

At the congress, this EU official said that she and her Centre are monitoring and compiling statements by
the Danish Folkeparti which, according to her information, is regarded as one of Europe’s extreme right-
wing parties.

These statements are indefensible. The description ‘extreme right-wing party’ is absurd in reference to a
social and liberal party and the issues which the Centre should be dealing with have nothing to do with
the work or policies of the Danish Folkeparti. A left-wing Danish journalist who made similar statements
in 1999 was sued and convicted in the Danish courts.
C 374 E/202 Official Journal of the European Communities EN 28.12.2000

Mrs Beate Winkler’s statements give the impression that she has the authority to monitor, report on and
reprimand Danish citizens and political parties because they hold views which her Centre deems to be
incorrect. This is a serious infringement of Danish citizens’ democratic rights and it is of the greatest
importance to establish whether the Commission takes the view that Mrs Winkler’s political activities are
consistent with the EU Treaty and the tasks conferred on the Monitoring Centre.

In the Commission’s view, what authority do the EU Monitoring Centre on Racism and Xenophobia and its
Director, Beate Winkler, have to criticise democratic political parties and political positions in a Member
State?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(11 May 2000)

The European monitoring centre on racism and xenophobia was established by Council Regulation
(EC) No 1035/97 of 2 June 1997 (1). The Regulation creates an independent body which, while being
answerable to the Community institutions for the use of Community funds, has maximum autonomy in
the performance of its tasks (recital 23).

The Regulation lays down the objectives of the centre as being to provide the Community and its Member
States with objective, reliable and comparable data at European level on the phenomena of racism,
xenophobia and anti-semitism in order to help them when they take measures or formulate courses of
action within their respective spheres of competence; and to study the extent and development of the
phenomena and manifestations of racism, xenophobia and anti-semitism, analyse their causes, conse-
quences and effects and examine examples of good practice in dealing with them.

The Regulation also defines a number of tasks which the centre may carry out to reach those objectives.
Those tasks include carrying out scientific research and surveys, preparatory studies and feasibility studies
and formulating conclusions and opinions for the Community and its Member States.

It is evident in this context that the task of studying the development of racism and xenophobia involves a
wide range of action which must necessarily include the declarations made by political parties. To this end,
the Commission notes that the monitoring centre has supported and promoted the signature by political
parties from across Europe of the Charter of political parties for a non-racist society, which commits the
parties to avoiding language in their political platforms which could promote or legitimise racist and
xenophobic attitudes.

(1) OJ L 151, 10.6.1997.

(2000/C 374 E/239) WRITTEN QUESTION E-1033/00
by Theresa Villiers (PPE-DE) to the Commission

(4 April 2000)

Subject: Clause 19 of the UK Financial Services and Markets Bill

Under Clause 19 of the UK Financial Services and Markets Bill (available on the internet at http:/
www.publications.parliament.uk/pa/ld199900/ldbills/032/2000032.htm), the UK is seeking to impose
extra territorial jurisdiction over financial service providers operating outside the UK. This clause would
allow the UK Government to regulate companies based in other Member States who are selling financial
services on the UK market via the internet.