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Studbook Regulations


LUSITANO BREED

STUDBOOK

REGULATION

Proposal approved by the General Meeting of 18 June 2009

and

Ratification by Fundação Alter Real on 16 March 2010

 

 

I - CONSTITUTION AND OBJECT

 

ARTICLE 1

 

Under the terms of the dispositions of item 36 of the regulation approved by Ministerial Order 385/77 of 25 June (annex I), the Lusitano Breed Studbook, hereinafter referred to as the Book, is hereby created under the aegis of APSL - Associação Portuguesa de Criadores do Cavalo Puro Sangue Lusitano (Portuguese Lusitano Purebred Horse Association), hereinafter referred to as APSL

 

ARTICLE  2

 

The Book provides continuity to the works on the Lusitano breed already performed under the aegis of the Portuguese Equine Studbook, between the date of its institution, in 1966, and 31 December 1989.

 

§ SOLE ITEM. The Lusitano Horse Breed Studbook may also be referred to as the Lusitano Breed Studbook.

 

ARTICLE  3

 

The Book’s object is to ensure the preservation of and improvements to the Lusitano breed, by evaluating its studhorses and helping to improve the breed’s zootechnical characteristics.

 

ARTICLE  4

 

One - Membership of Portuguese or foreign associations of Lusitano horse breeders in the Book, presupposes respect for and compliance with this Regulation.

 

Two - A section of the Book may be authorised for countries with breeders’ associations.

 

Three - The Supervisory Body’s ratification of the Book’s sections for foreign associations is contingent upon the prior recognition thereof by the official services responsible for promoting horse breeding activities in the respective countries and the existence of a protocol for the execution of this Regulation to be agreed with APSL.

 

II - ORGANISATION AND OPERATION

 

ARTICLE  5

 

APSL is responsible for managing the Book.

 

ARTICLE  6

 

The Book shall have a Technical Secretary to be proposed by APSL, recognised by the competent entities, pursuant to the terms and for purposes of the dispositions of Ministerial Order 930/94 of 19 October and ratified by the Alter Real Foundation.

 

ARTICLE  7

 

To achieve the objects set out in article 3, APSL shall arrange for:

 

  1. The registration of animals fulfilling the conditions set out in this Regulation;
  2. The annual production of a list of animals registered during the said year;
  3. The publication of information on the animals registered during the said period, every three years, in addition to a list of animals registered in past volumes;
  4. The study and formulation of adequate rules to ensure the genuineness of entries.

 

ARTICLE  8

 

The registration referred to in sub-paragraph a) of the preceding article should specify the following for each animal:

  1. Ascendants and descendants, involving the production of the following three independent entries for the said purpose:
    1. Birth Ledger for young animals in accordance with the dispositions of article 16.
    2. Studbook for adult animals in accordance with the dispositions of article 17.
    3. Merit Book for animals considered to have special merit in accordance with article 20.
  2. The number of points obtained at the time of Studbook registration, in addition to other information thereto pertaining;
  3. Elements of a functional nature and prizes won at trials or competitions on which information has been officially provided;
  4. Other elements which may contribute towards a better appreciation of the animals.

 

ARTICLE  9

 

APSL’s execution of this Regulation is subject to the Supervisory Body’s inspection, examination and ratification, as set out by law.

- The possibility of the participation of a non-voting representative of the referred to Supervisory Body at meetings of APSL’s board of directors, at which issues related with the Book are discussed, is understood to be a part of the inspection rights referred to in the body of this article

 

III – BREEDERS

 

ARTICLE  10

 

One - A Lusitano breeder is defined as being a singular or collective person, owning one or more female horses registered in the Book and with the intention of using them for breeding purposes.

 

Two - The owner of the broodmare at the time of birth is defined as being a determined animal’s breeder.

 

 

IV - REGISTRATION RIGHTS

 

ARTICLE  11

 

Breeders whose animals comply with the registration rules set out in this Regulation are entitled to have them entered in the Book, whether or not they are members of APSL or another Association with its own Book section.

 

 

 

V - IDENTIFICATION OF ANIMALS

 

ARTICLE  12

 

Animals shall be identified:

  1. By a name, proposed by the breeder, whose first letter shall correspond to the year of birth in sequential order using letters to be found in the Portuguese alphabet, excluding K, Y and W;
  2. By the breeder’s brand (iron) on the right thigh and a number allocated by the breeder, both indelibly marked. These may be substituted or enhanced by the insertion of a microchip conforming to international standards. All of the identification methods used must comply with Commission Regulation 504/2008 of 06 June 2008 and other legislation published on the subject matter.
  3. With the determining of the genotype and execution of the definitive respective outline diagramme prior to weaning, sale, loan or any other form of alienation.

 

ARTICLE  13

 

The indication of the name referred to in the preceding article presupposes the following:

 

  1. The letter A corresponds to the year 1982;
  2. Any name change should retain the initial denomination, in brackets, following the new name, in order to permit the animal to be permanently and correctly identified;
  3. The name should not contain more than twenty four letters, symbols or blank spaces, including the suffix and any new name, to permit it to be correctly processed by computer;
  4. The use of pejorative or offensive names is not permitted.

 

ARTICLE  14

 

The designation “suffix” referred to in sub-paragraph c) of the preceding article comprises two or three letters making reference to the country of origin, in accordance with UNO criteria (annex II).

 

 

ARTICLE  15

 

One - The blood sample and definitive outline diagramme, referred to in sub-paragraph c) of article 12, may be taken/performed by veterinary surgeons. APSL, at its discretion, whenever it sees fit and is justified, may arrange for the said acts to be performed by veterinary surgeons especially engaged for the said purpose.

 

Two - The genotype’s formula is kept secret by the Supervisory Body and information thereon exclusively provided to other authorities with an identical status.

 

Three – When, on the occasion of Studbook registration, there are doubts over identification based on the outline diagramme, the formula of the genotype shall be confirmed.

 

Four - The identification used in the Studbook section of the country of origin shall be kept in the case of imported animals, with item 44 of the Regulation, approved by Ministerial Order 385/77 of 25 June (annex I) being complied with.

 

 

VI - REGISTRATION OF ANIMALS

 

ARTICLE  16

 

The Birth Ledger is reserved for animals descending from progenitors registered in the Studbook.

 

One - Registration in the Birth Ledger shall always be applied for by breeders and realised by APSL, based on the cover and birth declarations which should have been received and registered within a month from the end of the cover season, in the former case, or the month following the animal’s birth, in the latter case.

Two – Animals may only be registered in the Birth Ledger after confirmation of compatibility of filiation which is performed or inspected by the Alter Real Foundation’s Molecular Genetics Laboratory.

Three – Miscarriages, stillbirths or animals with blemishes or somatic defects which, per se, are an impediment to future registration in the Studbook shall not be entered in the Birth Ledger, although due reference shall be made to the fact in the records of the parents’ descendants, with breeders being responsible for making reference thereto in the birth declarations.

Four – Registrations in the Births Section of the Studbook, which have been accepted, registered and controlled with the use of technology and the rules in force on the respective date, are irrevocably accepted in the Studbook, unless any error has been detected in the collection of the blood sample which has conditioned and changed the result obtained by the use of the filiation control technology applied at the date of registration

 

ARTICLE  17

 

One - Animals shall be registered in the Studbook at the request of breeders or owners and provided that they fulfil the following conditions:

  1. They must have been entered in the Birth Ledger;
  2. They must be identified in accordance with article 12;
  3. They must identify with and have the characteristics expressed in the breed standard (annex III);
  4. They must have good conformation and development;
  5. They must not have any blemishes or defects for fear of hereditary transmission;
  6. They must comply with the dispositions of number three of item 18 of the Regulation approved under Ministerial Order 385/77 of 25 June (annex I);  Male horses, to comply with sub-paragraph c) of item 18 of the above referred to Regulation “morphofunctional integrity of genital organs” must have been approved for breeding based on the results of a spermogram. Cryptorchid (unilateral or bilateral) animals may not be entered in the Studbook;
  7. They must originate from breeding stock which complies with the health regulations in force;
  8. They must have undergone morphofunctional tests;
  9. The approval of animals for the Studbook shall comprise two stages:

 

Two – 1st Stage (Mandatory)

 

  1. For the purposes of compliance with the dispositions of sub-paragraph c) of number 1 of this article, animals must undergo morphofunctional tests in which they shall be inspected and be awarded points, in conformity with the table annexed to this Regulation (annex IV), by the Registration Committee, defined in article 22 of this Regulation;
  2. All animals whose points score in any of the characters under consideration does not correspond to: three scores of 6 (six), two scores of 5 (five), or one score of less than 5 (five) shall be registered and authorised to commence breeding.
  3. Male studhorse candidates must be inspected mounted, in public concentrations to be designated annually by APSL with candidate broodmares being led by the hand, on the breeder’s premises, unless public concentrations have also been designated by APSL for the said purpose;
  4. The minimum age shall be three years for female and four years for male horses. Any horse may, however, be entered in the Studbook, prior to reaching the referred to age, provided that all of the conditions expressed in this article have been complied with and that the Registration Committee considers that their development and conformation so permit.
  5. Male studhorse candidates shall be X-rayed to identify any signs of osteochondritis, during the events in which they participate. These X-rays, of whose results only the respective breeder/owner shall be informed, shall be used for a study, without, at the present time, being considered sufficient grounds for any rejection.
  6. At the end of this stage, animals may be classified as:

                        - Studhorse – if obtaining up to 72 points (inclusive)

                        - Studhorse* – if obtaining more than 72 points

         In which cases male studhorses may cover up to 20 (twenty) mares per year

 

Three – 2nd stage (facultative)

 

  1. Only animals approved in the first stage may participate;
  2. They must be at least 6 years old;
  3. They must have competed at four trials.

 

i) Morphological Test

  • The animals shall be examined and awarded points, in accordance with the table appended to this Regulation (annex IV). Movements shall be assessed with unconfined animals.
  • They shall also be examined on the items set out in the “Dutch Classification Grid”.
  • The Jury shall be appointed by APSL (or sister Association) and shall comprise three members of the Registration Committee, defined in article 22.

 

ii) Dressage Trial

  • Candidates, mounted by their usual riders, to be indicated by the owner shall perform a Dressage Trial of the breeder’s choice:

 

  • Dressage FEP (C1- Regulation 2009), or
  • Traditional Equitation (Debutant Working Equitation Horses – Regulation 2009)

 

  • The Jury shall be appointed by APSL (or sister Association) and shall comprise three members of FEP (or Federations responsible for the respective sports discipline in other countries).

 

iii) Freestyle

  • The candidates mounted by the same rider who performed trial ii), shall perform a freestyle trial, which may be in any of the equestrian areas.
  • Owners wishing the candidate to perform a trial in a specific equestrian area, should make express reference to this fact at the time of registration to allow the Jury to include at last one Jury member in this area.
  • The Jury shall be appointed by APSL (or sister Association) and shall comprise members of recognised merit with equestrian knowledge. If an animal’s owner indicates a specific area, at least one of the Jury members must be qualified in the referred to area.

 

iv) Test when Mounted

  • Two riders shall be chosen from a group of riders previously defined by APSL or sister Association, who shall mount the animals and to whom individual scores shall be allocated. If an animal’s owner indicates a specific area, at least one of the Jury members must be qualified in the referred to area;
  • At the end of this stage, the final result shall be based on the average percentages of the four trials, in which animals may be classified as:
    • Studhorse ** – if obtaining a score of between 65% (exclusive) and 80% (inclusive)
    • Studhorse *** – if obtaining more than 80%
  • Animals failing to achieve 65% (inclusive) shall not be awarded Studhorse ** or *** status and shall retain the status achieved in the first stage, although they may, at a later stage, repeat the second stage;
  • Male studhorses approved at this stage may cover up to 40 (forty) mares per year.

 

Four:

Breeders/owners may apply for Recommended and/or Merit Studhorse status in accordance with the dispositions of annex VI.

 

Five:

  1. Breeder/owners may apply for Merit Studhorse status provided that the animal:
    1. Is more than 9 years old
    2. Already has descendants which have been entered in the Studbook
  2. The following shall be evaluated:

         Consanguinity

         Genealogy

         Results as evidenced by descendants

         Results of functional activity

Six:

APSL shall continue to actively promote the study of and improvements to the rules defined in the preceding numbers.

 

 

ARTICLE  18

 

Exceptionally and on the basis of a justified request made by an owner, Management may, after consulting the Admissions Committee and Technical Committee, allow all animals with a compatible genealogy to be entered in the Studbook, i.e. without the introduction of bloodlines not connected with the Lusitano breed’s ethnic tree, provided that they fulfil the morphofunctional requirements defined in article 17 and that it is of obvious interest to the improvement of the breed. A document shall be prepared and a copy sent to the Chairman of the General Breed Council who shall make reference thereto in his annual report.

 

ARTICLE  19

 

One – Animals which have already been approved may be reassessed by the Registration Committee, on a single occasion, with their Studbook admission score being changed if the score obtained in the latter inspection is higher than the score awarded in the first inspection.

Two - When animals are not in a perfect state of health or presentation, their examination may be postponed by a resolution of the Registration Committee. The expenses of the new examination, if expressly performed, are for the account of the breeder, in conformity with the charges defined in article 32.

 

ARTICLE  20

 

Registration in the Merit Book is restricted to animals fulfilling the conditions defined in Annex VI.

 

ARTICLE  21

 

Charges, comprising income for the association and defined in accordance with article 32, are made for each animal's registration.

 

 

VII - EXAMINATION OF ANIMALS

 

ARTICLE  22

 

One - For Studbook registration purposes, animals shall be inspected by a Registration Committee, comprising:

In the case of male horses: three Breed judges, one of whom shall be the Technical Secretary or a delegated representative, who shall preside.

In the case of female horses: the Technical Secretary or delegated representative.

 

Two - Registration Committees with the same composition as in the preceding sub-paragraph shall be created per Book Section.

 

ARTICLE  23

 

One - Owners may appeal to APSL over the results of the Studbook registration inspection.                                                                                                      

 

Two - The appeal shall be judged by a committee, set up for each case and comprising:                                                      

 

The Technical Secretary or representative thereof appointed by APSL;

 

A Breed Judge to be appointed by the breeder;

A Breed Judge to be appointed by the Alter Real Foundation.

 

If animals are approved under the terms of this article, all previous descendants shall be eligible for Studbook registration, in conformity with the rules set out in this Regulation.

 

ARTICLE  24

 

APSL shall inform each breeder of the result of the examination of their animals for Studbook registration purposes, in addition to the official form certifying the registration of those admitted.

 

ARTICLE  25

 

APSL shall issue certificates for animal’s registrations whose respective charges shall comprise income for APSL.

 

 

ARTICLE  26

 

One - Animals which have not been entered in the Lusitano Studbook may not be referred to as Lusitano Breed animals and the Supervisory Body does not, therefore, issue certificates of origin for such animals prior to their respective owners’ delivery of proof of registration.

Two - At the time of export or import, the Studbook’s coordinating authority of the country of export shall issue and transmit an information sheet directly to the coordinating authority of the Studbook of the country of import.

Three - For the purposes of the preceding number, APSL is acknowledged as being the coordinating authority for Portugal’s Studbook.

 

 

VIII - DUTIES AND RIGHTS OF BREEDERS

 

ARTICLE  27

 

Lusitano breeders undertake:

To accept the dispositions of this Regulation;

To accept the decisions enabling the Book to operate, enhancing the value of animals and the breed’s zootechnical progress;

To present their animals in the places and at the specified dates and times for examination or inspection purposes;

To correctly fill in the forms in use by the Book and return them within the scheduled periods;

To identify the animals in accordance with the dispositions of this Regulation;

To precisely and truthfully supply the requested information for the normal processing of entries;

To only use animals which have been entered in the Studbook for breeding purposes, or, if using

Studhorses prior to the award of points, presenting them to the Registration Committee, no later

than a year from the year in which they have been used, under penalty of the respective animals

not being accepted for registration in the Birth Ledger;

To send APSL a life-size facsimile of their brand (iron), for registration and filing purposes when requesting admittance to the Book,

To ensure that the animals used for breeding comply with the health regulations in force;

 

To annually notify APSL or the respective delegate Association of changes in their breeding stock,

notably castrations, acquisitions, sales, loans or any other forms of alienation.

 

ARTICLE  28

 

Anti-doping tests may be carried out in accordance with specific regulations to be ratified in the case of approvals of studhorses for the Studbook and in Model and Movements Competitions.

 

ARTICLE  29

 

APSL member breeders benefit from:

The agreements on the commercialisation of registered animals entered into by APSL;

The advantages and subsidies or assistance obtained by APSL for breed promotion purposes;

The dispositions of article 10 of Decree Law 37/95 of 31 January (annex I);

A 50% discount on the charges referred to in article 32.

 

ARTICLE  30

 

Infringements of this Regulation’s dispositions are punishable by:

One - A warning;

Two - An aggravated warning with the disclosure of the facts APSL’s management considers expedient;

Three - Cancellation of registration when the transgression of any of the rules set out in this regulation is shown to have led to the improper registration of any animal.

 

 

ARTICLE  31

 

The punishments referred to in the preceding article shall be applied as follows:

 

One - A warning, when a failure to comply with the rules set out in this Regulation is noted;

Two - An aggravated warning, when the same transgression is committed twice or if it is extremely serious;

Three - Cancellation of registration, when the transgression is shown to have led to the improper registration of any animal.

 

 

IX - COMPLEMENTARY DISPOSITIONS

 

ARTICLE  32

 

The amount of the charges shall be ratified every two years by the Supervisory Body, under the terms of a Management proposal.

 

ARTICLE  33

 

APSL, as the Association representing breeders as a whole, shall arrange for changes to this Regulation, under the terms of its articles of association.

 

 

ARTICLE  34

 

The resolution of exceptional cases or omissions to this Regulation shall always be ratified by the Supervisory Body.

 

Concluding remark: The application of Article 18 continues to be suspended in accordance with the General Meeting’s resolution of 31/10/97.

 

 

ANNEX I

 

Ministerial Order 385/77 of 25 June

Regulatory Standards of Decree Law 37/75

of 31 January

 

18. From a zootechnical viewpoint, studhorses must be purebred and be of expedient age and breeding capacity.

 

3. The following aspects shall be taken into account for the evaluation of breeding capacity:

 

                        a) Previous history;

                        b) Ease of performance of breeding activities;

                        c) Morphofunctional integrity of genital organs.

 

36. The establishing of studbooks is the responsibility of lawfully constituted breeders’ Associations, whose capacity for the said purposes has been recognised by the Direcção-Geral dos Serviços Pecuários, or supplementarily, this Directorate General.

 

44. Animals registered in foreign studbooks may be registered in national books and registers provided that proof of such registration is supplied.

 

47. Under the terms of proposals submitted by technical secretaries, the director general of the Serviços Pecuários may create delegations, for each studbook, or zootechnical registration, whose areas and attributions shall be defined on a case by case basis.

 

Decree Law 37/75 of 31 January

Article 10. The Secretary of State for Agriculture, on the basis of a proposal submitted by the Direcção-Geral dos Serviços Pecuários, may award:

  1. Subsidies to operations and establishments participating in animal improvement schemes programmed by the Direcção-Geral dos Serviços Pecuários.
 

 

ANNEX II

 

INTERNATIONAL SUFFIXES

SAF      South Africa

ALG      Algeria

ALG      German  Federal Republic

SDA     Saudi Arabia

ARG     Argentina

AUS     Australia

AUT      Austria

BEL      Belgium

BRZ      Brazil

BUL      Bulgaria

CAN     Canada

CEY     Ceylon

CHI       Chile

CYP     Cyprus

COL      Colombia

CUB     Cuba

DEN     Denmark

SPA     Spain

USA     United States of America

FR        France

GB       Great Britain

GR       Greece

HOL      Holland

HK        Hong Kong

HUN     Hungary

IND       India

NDO     Indonesia

IRA       Iran

IRE       Ireland

ITY       Italy

JPN      Japan

KEN     Kenya

LIB       Libya

LUX      Luxembourg

MAL     Malaysia

MTA     Malta

MOR     Morocco

MEX     Mexico

NOR     Norway

NZ        New Zealand

PAK     Pakistan

PAN     Panama

PER     Peru

PHI       Philippines

POL      Poland

POR     Portugal

EGY     Egypt

SRH     Rhodesia

RUM     Romania

SEN     Senegal

SUD     Sudan

SWE     Sweden

SWI      Switzerland

CZE      Czechoslovakia

TRI       Trinidad and Tobago

TUN      Tunisia

TUR      Turkey

URU     Uruguay

VEN     Venezuela

SEA     Born at sea

 

ANNEX III

 

I - LUSITANO BREED STANDARD

(100 points attributed to ideal model)

 

  1. TYPE: Of middling weight (around 500 kilos); medium shaped, sub-convex (rounded in shape), with a square shaped silhouette.
  2. HEIGHT: measured at withers using a measuring stick at age of 6:

                        - female horses.... 1.55 m

                        - male horses ...... 1.60 m

  1. HAIR: The most frequently found are all shades of grey and bay.
  2. TEMPERAMENT: Noble, generous and ardent but always gentle and long suffering.
  3. MOVEMENTS: Agile, high stepping, forward thrusting, gentle and very easy to ride.
  4. APTITUDE: A natural tendency for concentration, well disposed for High School exercises and highly courageous and enthusiastic in “gineta” (combat, hunting, bullfighting, herding, etc) exercises.
  5. HEAD: Well proportioned, of medium length, narrow and dry, relatively unpronounced lower jaw and relatively long in cheek with a slightly sub-convex profile and upwards curving forehead (over eyebrow bones) huge elliptical, live, expressive confident eyes.

            Ears are of average length, delicate, narrow and expressive.

  1. NECK: Of average length, arched with a slight hairline, with a narrow junction to the head, broad at the base and perfectly positioned in respect of the shoulder blades rising from the withers without any marked depression.
  2. WITHERS: Well defined and long, with a smooth transition between the spine and neck, always slightly more raised than the croup.

            In fully grown males it is covered in fat but is always clearly visible through the shoulder                          blades.

  1. CHEST: Medium, deep and muscular.
  2. RIBCAGE: Well developed, long and deep, with ribs obliquely arched into the spinal column, providing a short, full flank.
  3. SHOULDER BLADES: long, oblique and muscular.
  4. BACK: Upright, leaning horizontally providing a smooth union between the withers and loins.
  5. LOINS: Short, broad, muscular, slightly convex, well connected to the back and croup with which they form a continuous and perfectly harmonious line.
  6. CROUP: Strong and rounded, well proportioned, slightly oblique, identical in length and breadth, convex, harmonious profile and with a relatively slight point of the hip providing the croup with an elliptical transversal section.

            The tail follows the curve of the croup and is comprised of silky, long and abundant hair.

16.        MEMBERS: Muscled harmoniously inclined forelegs:

            Upper leg is upright and muscular;

            Dry broad knee;

            Dry shin bones with well defined tendons;

            Dry relatively large fetlocks with smallish joints;

            Relatively long and oblique pasterns;

            Well formed, shapely and proportioned hooves without being excessively open and        slight coronet;

            Short and convex buttock;

            Muscular, shortish thighs pointing in such a way as for the patella to be positioned on     the same vertical line as the point of the hip;

            Longish leg, positioning the hock in line with the vertical part of the buttock;

            Broad, strong and dry hocks;

            The angle of the latter members are relatively closed.

 

ANNEX IV

 

POINTS TABLE

 

Regions

 

Head and neck                                                                                                            1

Shoulder blades and withers                                                                                        1

Chest and ribcage                                                                                                       1

Back and loins                                                                                                          1.5

Croup                                                                                                                         1

Members                                                                                                                  1.5

Movements                                                                                                              1.5

Forms as a whole                                                                                                     1.5

 

                                                                                                                      TOTAL 10

 

ANNEX V

 

LUSITANO BREEDING REGULATION

 

Preamble

 

This annex to the Lusitano Breed Studbook Regulation updates the procedures related to breeding, via natural mount and by artificial insemination, using fresh, refrigerated or frozen semen.

The aim of these alterations is to accelerate the breed’s progress.

As both the grading of stallions and the use of artificial insemination may lead to the predominance of certain Lusitano breed studhorses, any eventual excessive loss of variability shall therefore be analysed. This Regulation is expected to be revised within three years.

 

ARTIFICIAL INSEMINATION

 

Article 1

 

Semen may only be collected and administered at officially registered artificial insemination centres and the application thereof must be supervised by veterinary surgeons.

 

Article 2

 

There is no limit on the number of vials to be obtained from each stallion and they may be applied after the stallion’s death although the annual quantities defined in article 3 shall be maintained.

Article 3

 

The total number of mares to be covered by a stallion per annum, is conditioned, notwithstanding the form of breeding used, by the classification of the male studhorse on 01 January of the year to which the covers refer, as follows:

 

                        - 20 mares for studhorses with no star or only one

                        - 40 mares for two or three star studhorses

                        - no limit on the number of mares per Recommended Studhorse

                        - no limit on the number of mares per Merit Studhorse

 

In order to facilitate the testing of young studhorses, sons of Studhorses or Merit Studhorses shall be allowed to cover a further ten mares per annum, between their time of registration as a studhorse up to the age of 10 (inclusive) or until they are graded as Recommended or Merit Studhorses.

 

Article 4

 

  1. The respective Association must be notified of the use of artificial insemination in respect of a stallion no later than 31 December (countries in the northern hemisphere) or 30 June (countries in the southern hemisphere), which dates predate the respective cover seasons, with the respective declaration being delivered in conformity with article 16 of the Studbook Regulation.

 

  1. The use of artificial insemination in respect of a stallion requires an application for a passbook containing the forms required for the semen’s use, in conformity with the description provided in article 7.

 

Article 5

 

The stallion’s owner is responsible if the maximum number of mares covered, is exceeded, as regards failure to comply with the notification rules on the mares for which the sold semen is to be used with the mare’s owner being responsible for any use of the semen other than that registered in the stallion owner’s passbook.

 

APSL, as the Association holding international title to the Breed Studbook, may register colts exceeding the limits defined in article 3, upon payment of a surcharge.

 

The amount to be charged by APSL shall be €500 (five hundred euros) for the first, twice this amount for the second, four times the amount for the third and so on. The sequence of the colts is defined by the chronological order of birth of the said stallion’s sons, based on the cover declarations. 

 

Article 6

 

Breed Studbook registration requires filiation control to be realised or inspected by the Alter Real Foundation’s Molecular Genetics Laboratory.

 

 

Article 7

 

The semen’s zootechnical certificate should include the following data:

Data on male donor

  • certificate issuing body;
  • name and address of studbook of origin;
  • breed;
  • studbook registration number;
  • name of animal;
  • date of issue of certificate;
  • identification system;
  • identification;
  • number and date of Certificate of Origin (containing the outline diagramme and narrative description) or Equine Identification Document or equivalent, in conformity with European legislation;
  • information on any blood group tests eventually taken or other tests enabling the animal’s filiation to be established with an equal level of scientific certainty;
  • date of birth;
  • name and address of owner;
  • name and studbook registration number of parents and maternal grandfather;
  • results of controls and performances and appraisal of genetic value (facultative);

Data on semen:

  • identification;
  • licence number (animal’s “NIN” (national identification number)/year/ licence no.) issued by the Association;
  • collection date;
  • name and address of semen collection centre(s), including registration number;
  • name and address of recipient

Data on mare:

  • mare’s name and number;
  • number and date of Certificate of Origin (containing the outline diagramme and narrative description) or Equine Identification Document or equivalent, in conformity with European legislation;
  • date of insemination or date of last cover or reference to free natural cover or a combination of several;
  • offspring produced by mare in last season (if any)

The forms shall be filled in, in quadruplicate. The original shall be kept by the Association of the respective country, the duplicate by the stallion’s owner, the triplicate, accompanying the semen, shall be returned after having been signed by the technical operative responsible for the insemination, to the Association of the country in which the mare is domiciled and the quadruplicate shall be sent to APSL by the Association with which the stallion is domiciled.

 

The Association of the country in which the mare is domiciled shall return a photocopy of the triplicate to its owner.

 

If the semen is not used, the triplicate mentioning this fact should also be sent to the Association of the country in which the mare is domiciled.

 

Article 8

 

The respective Association must be informed in writing of the location in which the stallions are stabled during the cover season (in the case of artificial or natural insemination).

 

Article 9

The Certificates of Origin/Equine Identification Documents of all animals produced by artificial insemination should make reference to this fact.

 

Article 10

The artificial insemination agreement shall be reached between the stallion’s and the mare’s owners. The stallion’s owner is responsible for providing information on the mares to be covered within the number of licence allocations by sending the original and the quadruplicate of the sheet defined in article 7 to the Association.

The stallion’s sale implies the transfer of responsibility for its use and that of its stored semen. The date of change of owner and consequent change of responsibility is the date upon which the Association receives the respective properly filled in Change of Owner request, of which APSL should be notified.

 

Article 11

The conditions governing the use of the semen are defined by the legislation in force in Portugal, notably as regards its form of collection and processing, collection points and the animal’s health.

The conditions governing the use of semen, in addition to the approval and inspection of the centres are defined by Portuguese and/or European legislation and include conditions applicable to the admission of male studhorses, depending on their classification as Studhorses, Recommended Studhorses or Merit Studhorses.

 

Article 12

 

The fact that the use of frozen semen permits international traffic, requires a one-off registration of such use, to be centralised by APSL which shall provide information thereon to all sister associations.

 

Article 13

 

This Regulation enters into force immediately after its ratification by the Supervisory Body.

 

Article 14

 

Studhorse classes are defined in Annex VI of the Lusitano Breed Studbook Regulation

 

Article 15

 

The collection and application of embryos may only performed by veterinary surgeons.

 

Article 16

 

There is no limit on the number of embryos to be obtained from each mare, although only a maximum of three animals from each donor mare may be registered per annum, which authorisation shall remain in force after her death.

 

Article 17

 

The respective Association must be notified of the embryo donor mare’s use, by 31 December (northern hemisphere countries) or 30 June (southern hemisphere countries) of each year, corresponding to the dates preceding the respective cover periods, with the respective declaration being delivered in accordance with the dispositions of article 16 of the Studbook Regulation. 

 

Article 18

 

The owner is assumed to be responsible for any excess in the maximum number of the donor mare’s offspring and notably as regards failure to comply with the rules for the notification of the number of embryos transferred in comparison with the mare’s passbook records.

 

Article 19

 

Registration of animals in the Breed Studbook resulting from the transfer of embryos presupposes filiation control to be realised or inspected by the Alter Real Foundation’s Molecular Genetics Laboratory.

 

Article 20

 

The embryos’ zootechnical certificate should include the following data

 

Data on donor mare:

  • certificate issuing body;
  • name and address of studbook of origin;
  • breed;
  • studbook registration number;
  • name of animal;
  • date of issue of certificate;
  • identification system;
  • identification;
  • number and date of Certificate of Origin (containing the outline diagramme and narrative description) or Equine Identification Document or equivalent, in conformity with European legislation;
  • information on any blood group tests eventually taken or other tests enabling the animal’s filiation to be established with an equal level of scientific certainty;
  • date of birth;
  • name and address of owner;
  • name and studbook registration number of parents and maternal grandfather;
  • results of controls and performances and appraisal of genetic value (facultative);

Data on embryo:

  • identification;
  • licence number (animal’s “NIN” (national identification number)/year/ licence no.) issued by the Association;
  • collection date;
  • name and address of receiving mare (if different from that of the donor mare’s owner)

Data on receiving mare:

  • mare’s name and number;
  • number and date of Certificate of Origin (containing the outline diagramme and narrative description) or Equine Identification Document or equivalent, in conformity with European legislation;
  • date of embryo transfer
  • offspring produced by mare in last season (if any)

The forms shall be filled in, in quadruplicate. The original shall be kept by the Association of the respective country, the duplicate by the mare’s owner, the triplicate, in the possession of the receiving mare’s owner. The quadruplicate shall be sent to the Association of the country in which the receiving mare is domiciled.

 

Article 21

 

Receiving mares are not required to comply with any restriction related to their breed and may be registered in any Studbook or National Records.

 

Article 22

 

The Certificates of Origin/Equine Identification Documents of all animals produced by embryo transfer insemination should make reference to this fact.

 

Article 23

 

The embryo transfer agreement is entered into between the owners of the donor and receiving mare. Information on the mares to which the embryo is to be transferred is the responsibility of the donor mare’s owner. This shall be realised by sending the original and quadruplicate of the sheet defined in article  20 to the Association.

The sale of the donor mare implies the transfer of responsibility for its use and that of all of its stored embryos. The date of change of owner and consequent change of responsibilities, is the date upon which the Association receives the filled in Change of Ownership request.

 

Article 24

 

The conditions governing the transfer of embryos are defined by the legislation in force in Portugal, notably as regards the form of their collection and processing, collection points and animal’s health.

 

Article 25

 

The fact that the use of embryos permits international traffic, requires a one-off registration of such use, to be centralised by APSL which shall provide information thereon to all sister associations.

 

Article 26

 

This Regulation enters into force immediately after ratification by the Supervisory Body and should, therefore, be applied to the births of letter F animals.

 

Article 27

 

This Regulation is subject to revision within a maximum period of three years.

 

 

ANNEX VI

 

REGULATION FOR THE AWARD OF RECOMMENDED AND MERIT STUDHORSE STATUS

 

1 – Introduction and Definitions

An alteration to the Studbook Regulation was approved at the General Meeting held in April 2001, with the objective of enhancing the value of studhorses which, after approval, demonstrate that their reproductive lives (studhorse functionality and quality) deserve special consideration.

Now that changes are being made to the Lusitano Breeding Regulation, namely by permitting the use of frozen semen for insemination, the aim is also to introduce modifications to the Regulation and notably as regards the award of Studhorse status. The objective of these changes is for the referred to status to provide information on the functional and breeding characteristics of a larger number of animals, providing breeders with increasingly better information on the animals used as studhorses to achieve a better and faster evolution in selection terms.

This change to the Studbook Regulation completes the selection system which now comprises three scales, in line with the studbooks of breeds which have evidenced greater speed and sustainability in terms of genetic progress:

  • a first selection stage - registration in the Studbook;
  • a second selection stage - award of Recommended Studhorse status in due recognition of the studhorse’s morphofunctional qualities;
  • a third selection stage - award of Merit Studhorse status in due recognition of those studhorses whose quality, evidenced by their descendants, demonstrates their capacity to transmit better than average qualities to the Lusitano breed. The objective of the third stage is to make changes having the effect of making their award also include the objectives underpinning the creation of the former Merit Book, which has fallen into disuse owing to the very small number of eligible animals deriving from the conditions therein defined.

The objective is therefore to apply a breeding assessment system to most studhorses, enabling faster and more consistent genetic progress than could have been achieved from the total sum of the work of each individual breeder, notwithstanding the fact that several of them, in practical terms already use this three stage system to plan the genetic progress of their stud.

 

2 – Studhorse

A studhorse is a Lusitano Breed equine whose assessment, when submitted to morphofunctional tests in public concentrations or when used for breeding operations (female horses), in all parameters under consideration, does not correspond to: three scores of 6 (six), 2 (two) scores of five, or one score of less than 5 (five).

2.1. This classification is based on a comparison of the ideal breed phenotype to which 100 points are awarded, with the animal present.

2.2. In addition to morphological aspects, an assessment is also made of functionality, particularly movements, which, for male horses, must, in all cases, be assessed when they are mounted and, in the case of female horses, for the award of 2 or 3 stars.

2.3. Male horses must certify their breeding capacity in the form of a spermogram.

2.4. This shall authorise the animal to begin breeding with the aim of producing animals for registration in the Lusitano Studbook.

 

Studhorses shall be classified in the following grades, depending on the total number of points awarded:

- Studhorse/broodmare – all animals with a score of 72 points or less in the first stage of the studhorse/broodmare tests

- Studhorse/broodmare* – all animals with a score of more than 72 in the first stage of the studhorse/broodmare tests

- Studhorse/broodmare** – all animals with a score of between 65% (exclusive) and 80% (inclusive) in the second stage of the studhorse/broodmare tests

- Studhorse/broodmare*** – all animals with a score of more than 80% in the second stage of the studhorse/broodmare tests.

 

3 – Recommended Studhorse (****)

All studhorses/broodmares which, during their lifetimes, have achieved relevant results (fulfilling the minimum parameters hereinafter defined) in respect of their functionality or results in Model and Movements Competitions.

Studhorses shall be “recommended” in the area in which they excel, which may include more than one discipline. 

Recommended Studhorses shall always have ****, followed by the initial or initials of the disciplines in which their performance has earned them this status. 

 

3.1 General Access Conditions

To be a candidate for Recommended Studhorse status, animals must:

            - be proposed by their owner and/or breeder;

            - have been previously registered as a STUDHORSE;

            - be at least six years old.

When submitting the candidature, owners/breeders must provide proof of the diverse scores or classifications obtained by the candidate studhorse, in terms of its use.

In terms of functionality the different areas in which the Studhorse/Broodmare may be Recommended, are as follows:

  • Equestrian Art (AE)
  • Carriage Driving (CA)
  • Complete Equitation Test (CCE)
  • Dressage (CD)
  • Portuguese Equitation (EP)
  • Working Equitation (ET)
  • Horse-Ball (HB)
  • Raids (RE)
  • Show Jumping (CSO)
  • Bullfighting (T)

Studhorses may also be recommended on the basis of their results in Model and Movements Competitions (MA).

 

3.2 Conditions for the Award of Recommended Studhorse Status

3.2.1 Conditions for the award of Recommended Studhorse Status **** in Model and Movements (MA) Competitions

To obtain Recommended Studhorse status, animals must, at the minimum, have Studhorse * status (the number of points achieved at the time of Studhorse status approval must not have been less than 72) and must stand at least 1.55 m. at the withers.

The individual classes in the following competitions count towards the results:

International Lusitano Horse Championship

Official National Competitions in foreign countries, when recognised by APSL

National Horse Fair, Golegã

Expoégua, Golegã

National Agricultural Fair (up to and including 1990)

In these competitions the animals must compete directly with others of the same class and must have evidenced outstanding morphological conformation and movements when measured against breed standards.

Animals shall be approved as Recommended Studhorses if they fulfil the requirements defined in Table I:

 

 

APPROVAL AS STUDHORSE

 

INTERNATIONAL LUSITANO HORSE FAIR FESTIVAL OR SIMILAR (OVERSEAS)

 

-

- NATIONAL HORSE FAIR

 - EXPOÉGUA

- NATIONAL AGRICULTURAL

FAIR (< 1991)

 

 

    >=72 PTS

2 MEDALS (GOLD OR SILVER) IN 2 YEARS OR DIFFERENT EVENTS

OR

- 3 GOLD MEDALS IN 3 YEARS OR DIFFERENT EVENTS

 

AND

1 GOLD MEDAL

AND

1 GOLD MEDAL

 

>= 1,55 M

1 SILVER MEDAL

AND

2 GOLD MEDALS

 

 

1 BRONZE MEDAL

AND

3 GOLD MEDALS

 

 

3.2.2 Conditions for the Award of Recommended Studhorse Status **** in respect of Functionality.

In addition to good morphological conformation, a Recommended Studhorse shall be required to provide proof of its physical capacities in terms of learning and skill, and its courage and gentleness, as breed characteristics.

As the intention is not to create special trials for each, it was decided that recognition of a horse’s sporting achievements and functional life would be the best means of evaluating individual capacities with the results of these same public trials being taken into account.

The public trials must be set out on a list to be supplied annually by APSL or country Equestrian Federations with the results being ratified by the entity overseeing the respective discipline, which is the Portuguese Equestrian Federation in Portugal or the respective Federation of the countries in which the trials are held for the federated disciplines, or APSL, or the overseas associations recognised by APSL in other cases.

a) Equestrian Art (AE)

A studhorse having regularly performed as a soloist or in the carousel or High Airs, in more than 75% of the events realised by the Academy in which it performs, in at least two seasons.

b) Carriage Driving (CA)

1. National

Classification (in classes of one or more animals) in one of the top three places, in two official trials, in two different years.              

2. International

Classification (in classes of one or more animals) in one of the top five places, in two official overseas trials.

c) Complete Equitation Test (CCE)

1. National

Classification in one of the top three places in CNC (Combined National Competition) or top five places in the CCN (one star Complete National Competition), in at least four trials.

2. International

Classification in one of the top five places in a Combined Competition, or top seven places in the Combined Competition or terminating a one star Complete Competition.

d) Dressage (CD)

1. National

Classification in the top five places at trials of a level equal to or higher then the Complementary National Championship or Portuguese Dressage Cup (four times in two years or in the top three places in National Level Trials (four times in three years), always with an average of more than 65%.

 2. International

Classification in the top half of the Classification at FEI Level Trials, in at least two trials.

e) Portuguese Equitation (EP)

Classification in one of the top three places in Level A Official Trials, in at least three trials (with a percentage of more than 65%)

f) Working Equitation (ET)

1. National

Classification in the top five places at National Acclaimed or Masters Championship Trials , at least three times in the same year.

2. International

Classification in the top quarter of the final classification in an International Championship (on a national team level)

g) Horse-ball (HB)

1. National

Member of a team classified in one of the top two places of the national championship for at least three years

2. International

Member of a national team classified in one of the three top places in European Championships in at least two years

h) Raids (RE)

1. National

Classification in one of the top three places in intermediate level trials or classified in one of the top five places in trials of more than 100 kilometres in at least two trials with the same level of difficulty.

2. International

Classification in one of the top five places in two intermediate level trials or in one trial of more than 100 kilometres.

i) Show Jumping (CSO)

1. National

Classification in one of the top three places in intermediate level trials, or top five places in major trials or the top two places in trials reserved for Lusitano horses, in at least two trials with the same level of difficulty.

2. International

Classification in the top half in intermediate level trials, or classification in major trials, in at least two trials with the same level of difficulty.

j) Bullfighting (T)

A studhorse which, in accordance with the new table, has obtained at least 210 points per season, in two seasons as an Acclaimed Horse, or at least 210 points per season, in two seasons as a Debutant and one as an Acclaimed Horse.

A horse which has won the Prize for the Best Bullfighting Horse and which has been incapacitated for bullfighting prior to the age of twelve.

l) Exceptional Cases

1. Sport (FEI and WE Trials)

Participant in World Cup finals, Continental Championships, World Championships, Olympic Games and trials of an identical level.

2.  Bullfighting

Deceased horses which, no later than the end of 2006, have been recommended by a specific Committee.

RECOMMENDED STUDHORSE status shall be marked **** followed by the initials of the disciplines in which the horse’s performance has earned it this status.

 

4 – Merit Studhorse (*****)

All Studhorses/Broodmares (recommended or not), whose offspring achieve results on the basis of their functionality enabling the conclusion to be drawn that their progenitor has transmitted higher than average qualities to its offspring.

A Merit Studhorse shall always have *****, followed by the initial or initials of the disciplines in which the performance of its offspring has earned it this status. 

 

4.1 General Access Conditions

Candidate for Merit Studhorse ***** status:

The application must be requested by the owner or the breeder. In the event of the equine’s death, the application should be submitted by the breeder or last owner.

4.1.1. - Male Horses

The Studhorse must have produced at least twelve animals (male or female) registered in the Lusitano Breed Studbook in three different years.

It must have at least six animals (male or female) registered in the Studbook.

4.1.2. - Female Horses

A female horse must have at least four animals (male or female) registered in the Lusitano Breed Studbook.

A female horse must have at least two animals (male or female) registered in the Studbook.

4.2 – Specific Conditions

4.2.1. – Male Horses

a) – Recommended Studhorses ****

A Recommended Studhorse **** must have at least three offspring with Recommended Studhorse **** status or which have achieved the functional conditions to enable the award of Recommended Studhorse **** status to be made, even if they are female horses or have been castrated.

These three offspring must be the result of pairing with at least two different mares.

b) – If not a Recommended Studhorse

The Studhorse must have at least four offspring with Recommended Studhorse **** status or which have achieved the functional conditions to enable the award of Recommended Studhorse **** status to be made, even if they are female horses or have been castrated.

These four offspring must be the result of pairing with at least three different mares.

4.2.2. – Female Horses

a) – If a Recommended Broodmare ****

A Recommended Broodmare **** must have at least two offspring with Recommended Studhorse **** status or which have achieved the functional conditions to enable the award of Recommended Studhorse **** status to be made, even if they are female horses or have been castrated.

These two offspring must be the result of pairing with at least two different stallions.

b) – If not a Recommended Broodmare ****

A Broodmare must have at least three offspring with Recommended Studhorse **** status or which have achieved the functional conditions to enable the award of Recommended Studhorse **** status to be made, even if they are female horses or have been castrated.

These three offspring must be the result of pairing with at least two different stallions.

 

ANNEX VII

BREED JUDGE REGULATIONS

 

CHAPTER I – JUDGES

 

1 – Definition of Judge

 

  1. A judge is the member of a Jury or an Appeals Committee, designated by APSL to judge any Model and Movements Competition.
  2. Any judges designated to assess any animals for registration in the different sections of the Studbook are also subject to the dispositions of these Regulations. 

 

2 – Categories of Judges

 

  1. The following is a list of categories of judges in decreasing order of qualification:

International  judge – may judge in his/her own country or abroad.

National judge – may judge in his/her own country and, exceptionally, when authorised by APSL, abroad.

National judge candidate – may accompany judges, providing them with secretarial support or awarding points but only for test purposes, comparing them with those awarded by the judge.

  1. The definitions of the categories of all of the judges, in addition to the assessment of the capacity to perform their function, are the exclusive responsibility of the Arbitration Committee.

 

3 – Admittance to Candidate Judges Course

 

Courses shall be held every two years, with the number of registrations being previously defined by the Arbitration Committee, based on the number of judges required, which number shall be defined by APSL’s board of directors.

 

Notification of the courses shall be published in a specialised magazine and sent to members in a circular letter.

 

4 – Aptitude Test for National Judge Candidate and Career Evolution

 

  1. All persons wishing to compete for the function of national judge candidate, should formulate and send their intention in writing to APSL, enclosing their respective résumés with their applications, which must be considered by the Arbitration Committee.
  2. If the number of applications is higher than defined by the Arbitration Committee, the said committee’s first selection method for its choice of candidates shall be a degree in Veterinary Medicine, Zootechnical Engineering or Agronomy (specialising in zootechnical engineering) in conjunction with the respective résumé.

 

  1. The rejection of any application must be properly formulated by the Arbitration Committee and ratified by APSL’s Board of Directors.
  2. After an application has been accepted, the applicant must take a three day training course, whose various subject matters shall be given by personnel qualified for the said purpose and under the supervision of the Breed’s Technical Secretary, followed by an aptitude test for the national judge candidate function.
  3. Except for reasons of force majeure, accepted and recognised by the Arbitration Committee, failure to attend the course and/or take the exam shall void the application.
  4. The aptitude test shall be made up of at least three trials viz: Model/Type of Morphology and Movements of Saddlehorses and Equine Anatomy, with information on the respective curricular plan being sent to all applicants immediately after the end of the registration period. The weighting of each of the trials in terms of the final score shall be 50%, 30% and 20%, respectively.
  5. Any candidate with a score of less than 10 in the aptitude test shall fail and shall consequently not be allowed to perform the function.
  6. After approval in the aptitude test, candidates shall attend a course with a maximum duration of 18 months, during which period they must provide a national or international judge with secretarial support in at least 5 (five) Model and Movements Competitions, 5 (five) approvals of male horses and 5 (five) visits for the approval of female horses in the Studbook.
  7. After the training course and a positive opinion based on an analysis of the points awarded by the applicant on an experimental basis, his/her training period and general impression, a recommendation should be made by at least three international judges which should be addressed to the Arbitration Committee and latterly submitted for the consideration of APSL’s Board of Directors and the Breed’s Technical Secretary.
  8. In the absence of a favourable opinion the candidate shall forfeit the said qualification.
  9. After a minimum period of performance of three years as a national judge and for a judge to be appointed as an international judge, a positive opinion must be issued by International Judges on the basis of their general impression, which should be sent to the Arbitration Committee.
  10. The Arbitration Committee shall analyse the points awarded by the National Judge during his/her career, comparing them with those of the international judges with, in the event of a positive opinion, the proposal being submitted for the consideration of APSL’s Board of Directors and the Breed’s Technical Secretary
  11. In the absence of a favourable opinion the candidate shall forfeit the said qualification.
  12. All national judge candidates should speak English fluently.

 

 

5 – Training/Continuous Assessment

 

  1. All national judges and national judge candidates must undergo at least one annual assessment trial, organised by APSL and assessed by international judges in conjunction with the Technical Secretary, under penalty of temporary suspension from the position.
  2. The assessments realised in conformity with the above are subject to an appeal to be filed with the Arbitration Committee.
  3. A classification shall be awarded to national and national judges candidates, based on the assessment of results in Model/Movements/Rideability trials, in terms to be defined in a circular letter to be sent at the beginning of each term of office of the Arbitration Committee.
  4. At least two annual training events shall be organised for training and standardisation of criteria purposes, one of which must be attended by all judges under penalty of suspension from the function.
  5. In addition to their participation in the training/assessment events referred to in the preceding numbers, judges shall be monitored by the Arbitration Committee, which shall analyse and undertake an annual inspection of the points awarded by the judges in the performance of their activity.

 

6 – Draw

 

  1. The designation of different judges for each event shall be made, in a first instance, by a draw, involving all candidates for which no incompatibilities have been verified.
  2. If any impediment has been identified in respect of any of the judges in the draw, a replacement shall be nominated, always in due respect for the incompatibilities referred to in these Regulations.

7 – Incompatibilities

 

  1. Persons who assess/approve the following may not perform the functions of a judge, for reasons of incompatibility:
  1. Horses owned or bred by them (bearing their brand) or “collective persons” in which the judge has an equity investment and/or performs any office and/or has any form of employment;
  2. Horses owned by and/or belonging to the breeding operations of any family member up to the second degree or “collective persons” in which the referred to family member has an equity investment and/or any form of employment;
  3. Horses which were once owned by a judge or “collective persons” in which the judge has an equity investment and/or performs any office and/or has had any form of employment for less than three years;
  4. Horses owned by stud farms or "collective persons” to which a judge has, either directly or indirectly, provided economic or professional services over the last 3 years;
  5. Horses presented by presenters or riders related to a judge up to the second degree or who has a professional or economic relationship with the judge.

 

2. The regime related to incompatibilities only applies to events in which the registrations of competing animals terminate, at least forty eight hours prior to the start of the trial.

 

8 – Technical Officers’ Expenses

 

  1. APSL shall be responsible for Breed Judges’ transport, accommodation and meals expenses.
  2. Judges shall also be entitled to the payment of fees for the performance of their functions in accordance with the table of fees annually approved by APSL.

 

9 – Civil and Financial Liability of Judges and Technical Offices

 

  1. All Breed Judges approved by APSL and drawn/nominated for any competition, act on APSL’s behalf and are presumed to act in accordance with the Lusitano Breed Studbook Regulations, without prejudice to their personal liability for the decisions they make.

 

  1. Cases involving serious negligence or fraud by judges must be submitted to the Arbitration Committee by the President of the Appeals Committee or President of the Jury if there is no Appeals Committee.

 

Chapter II – DISCIPLINARY PROCEEDINGS

 

1 – Arbitration Committee

 

  1. The Arbitration Committee is appointed by APSL’s Board of Directors at the beginning of each term of office, for a three year period and is competent to supervise the activity and consider and punish and breaches of discipline committed by judges.
  2. The Arbitration Committee shall be made up of the President of the General Meeting who shall chair the committee, a member of APSL’s Board of Directors, the President of the Inspection and Disciplinary Council or representative thereof, the most senior acting Breed Judge and the Breed’s Technical Secretary.

 

2 – Concept of Breaches of Discipline

 

  1. A breach of discipline is considered to be a wilful act committed by a judge who violates the dispositions provided for and punished by the Regulations, Studbook Regulations and APSL’s Articles of Association and other applicable legislation, in addition to the generally accepted principles of behaviour, equity and sporting spirit, particularly in the following circumstances:

- when resulting in an unfair advantage for the transgressor,

- when resulting in material damages to third parties;

- when affecting the dignity or integrity of any person associated with APSL activities;

- when constituting fraud, violence, abuse or other culpable offences;

- when discrediting the prestige of the Lusitano purebred horse.

 

  1. A breach of discipline is punishable on actions or omissions.
  2. Transgressors may not lay claim to their ignorance of the dispositions of these regulations and applicable legislation.

 

 

3 – Principle of Legality

 

  1. Only a fact which has been described and declared punishable by law or regulation existing prior to the time of perpetration is subject to disciplinary punishment.
  2. It is not possible to use analogy to qualify an event as a breach of discipline.

 

4 – Proportionality

 

The disciplinary sanction must be proportional  to the seriousness of the breach and the transgressor’s culpability and only one disciplinary sanction may be applied on the same breach.

 

5 – Extinguishing of Liability

 

  1. Disciplinary liability is extinguished:
  1. When the punishment is complied with;
  2. By statute of limitation on the disciplinary proceedings;
  3. By statute of limitation on the punishment;
  4. Death of transgressor;
  5. Repeal of punishment;
  6. Amnesty.
  1. When the amnesty precedes the sentencing, only the execution of the punishment is terminated and not the cancellation of the recording thereof or effects which have already been produced.

 

6 – Scale of Punishments

 

  1. The punishments to be applied by the Arbitration Committee, in conformity with their competencies, are set out below:
  1. A registered verbal warning;
  2. A written reprimand;
  3. Fine;
  4. Suspension;
  5. Expulsion.

7 – Characterisation of Punishments

 

  1. “Warnings” consist of a warning related to the irregularity committed.
  2. “Written reprimands” solely comprise a written observation on the irregularity committed
  3. “Fines” shall comprise a fixed amount expressed in legal tender up to a maximum amount of EUR 2,000 (two thousand euros).
  4. “Suspension” consists of the complete discharge from the performance of functions in any competitions organised by or under the jurisdiction of APSL and may vary from between (i) up to one year and (ii) from one to five years.
  5. “Expulsion” comprises complete and definitive discharge from functions in competitions organised by or under the jurisdiction of APSL.

 

8 – Effects of Punishments

 

  1. Transgressors must pay fines to APSL’s Treasury Department within 15 days of notification.
  2. If the fine is not paid within the period established for the time in question, a surcharge of  50% shall be levied and offenders shall be notified to make payment within 5 days under the terms of the preceding number.
  3. Failure to pay the aggravated fine within the period established in the preceding number shall automatically preclude offenders from the performance of their functions, notwithstanding the provision of any notification, until the amount of the fine has been paid to APSL’s Treasury Department.
  4. A judge who has been suspended cannot perform his/her functions during the period of execution of the suspension.

 

9 – Aggravating Circumstances

 

The following are considered to be aggravating circumstances in cases of breaches of discipline:

 

  1. If the suspect/defendant is an acting member of APSL’s statutory bodies;
  2. Premeditation;
  3. Collusion with other individuals in committing the breach;
  4. Refusal to comply with legitimate orders;
  5. Repeat offences;
  6. Accumulation of breaches.

 

10 – Attenuating Factors

 

1. The following are attenuating factors in cases of breach of discipline:

  1. Former good behaviour;
  2. Spontaneous confession of breach;
  3. The provision of former services of relevance  to the Lusitano horse;
  4. Provocation.

2. In addition to the listed circumstances, other attenuating factors may be considered when justified by the circumstances.

 

11 – Reduction of Punishments

 

The minimum applicable punishment may, exceptionally, be reduced in the event of particularly relevant attenuating circumstances.

 

12 – Disciplinary Proceedings

 

  1. Disciplinary sanctions may not be applied without the transgressor having been consulted in advance.
  2. Disciplinary proceedings must be initiated within 30 days from the date upon which the Arbitration Committee was informed of the breach.
  3. There is a statute of limitation of six months on the breach of discipline, starting from the time of the occurrence thereof, unless the facts also constitute a crime in which case the applicable statutes of limitation are those set out in penal law.
  4. When judges are notified of facts which indicate the possibility of the existence of penal liability, the Arbitration Committee shall take criminal proceedings which must be submitted to the Public Prosecutor by APSL’s Board of Directors.

 

13 – Confidentiality of Process

 

1. The disciplinary process is confidential up to the time of the charge, although suspects/defendants may be allowed to view the proceedings solely for consultation purposes, by submitting an application for the said purpose.

 

2.   A rejection of the application referred to in the preceding number must be properly formulated and the suspect/defendant notified of the decision within a minimum period of three days.

 

14 – Appointment of Proctor

 

The disciplinary process may be conducted by APSL or by a specially appointed proctor.

 

15 – Competency of Proctor

 

  1. The proctor is responsible for conducting the respective disciplinary proceedings and should produce the charges and take the necessary steps to produce the evidence requested by the suspect/defendant, unless they are considered to be clearly designed to delay or are impertinent, in which case this should be stated in writing.
  2. The proctor may, at any time and whenever considered pertinent, order any steps required for the production of evidence.

 

16 – Charges

 

  1. Disciplinary proceedings may, whenever considered expedient, be preceded by a prior inquiry process, whenever this is for the purpose of initiating the necessary preliminary verifications on the manner, time and place of the breaches committed, in order to formulate the charges to be used as a basis for disciplinary proceedings.
  2. The proctor shall formulate and articulate the respective charges, specifically identifying the events of which the suspect/defendant is being accused, the regulatory dispositions which have been violated and the punishment to be applied.
  3. The charges referred to in the preceding numbers should be formulated within a period of 60 days, which period may be extended, at any time, at the discretion of the Arbitration Committee.

 

 

17 – Contestation

 

  1. The suspect/defendant shall be notified of the charges either in person or by registered letter with recorded delivery in which he/she shall be given a period of 10 working days to submit a written defence, with the suspect/defendant or his/her representative, within the said period, examining the process at APSL’s registered office or place specified for the purpose in question, in the charges.
  2. In his/her defence, the suspect/defendant shall produce all evidence considered relevant for clarifying the facts and his/her involvement therein, and may append documents, list witnesses and request steps for other evidence to be obtained when pertinent to the clarification of the truth.
  3. No more than three witnesses may be questioned in respect of each event, to a total of 10 defence witnesses.
  4. A failure to submit a defence or untimely submission thereof shall signify that the suspect/defendant has been consulted for all legal purposes.

 

18 – Final Report of Proctor

 

1.   After the process has been formulated, the proctor shall produce a detailed report, describing all of the steps performed for the purpose of obtaining evidence and concluding with his/her proposed decision which should be properly formulated, announcing his/her motivation (to ascertain the truth on the factual material and the regulatory framework).

 

2.   The proceedings are then sent for the final decision of the Arbitration Committee.

 

19 – Decision

 

1.   The Arbitration Committee shall analyse the process, agreeing or not with the conclusions of the proctor’s final report and may, in any event, at its discretion, order fresh steps to be taken when considered essential for a correct decision to be taken in the process. 

 

2.   The Arbitration Committee shall announce its decision within 30 days from the last step taken in the process.

 

20 – Notification of Suspect/Defendant

 

The suspect/defendant shall be notified of the final decision of the Arbitration Committee either in person or by registered letter with recorded  delivery.

 

Chapter III – APPEALS

 

1 – Legitimacy to Appeal

 

Any judge who has been punished by the Arbitration Committee may file an appeal with APSL’s Inspection and Disciplinary Council.

 

FINAL DISPOSITIONS

 

a) These Regulations are subject to review whenever the Board of Directors so proposes to the General Meeting.

 

b) Omissions and doubts concerning the interpretation of these regulations shall be decided by the Arbitration Committee.

 

 

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