The tripartite agreement on the transfer of racehorses between the United Kingdom, the Republic of Ireland and France

Abstract

The original tripartite agreement (TPA) on the transfer of racehorses between the United Kingdom, the Republic of Ireland and France dates to the 1960s. The original agreement provided for the transfer of horses between the UK, the Republic of Ireland and France without the need for formal veterinary inspections. In 2005 the TPA was amended to include all equidae, except those being transported for slaughter. Under the 2005 agreement, equidae could freely move between the three countries without health checks so long as each animal had a passport. The amended TPA caused much concern among equine welfare bodies as the risk of undetected disease and the movement of horses destined for slaughter became increasingly apparent. In 2009, Directive 2009/156/EC on health conditions governing the movement and importation from third countries of equidae was introduced, which had to be incorporated into the national systems of all the Member States. Under the Directive, exemptions could be granted for equidae used for sporting, recreational or cultural purposes. The Directive had consequences for the TPA which was amended in 2014. Under the 2014 TPA, the movement of “high health horses” (3H) was traceable between the Republic of Ireland and France and France and the UK. The TPA was an example of a derogation given to Member States under Article 6 of Council Directive 2009/156/EC. In the lead up to the UK leaving the EU, there was much debate as to the effect it would have on the TPA. In December 2020 it became clear that the TPA would cease to exist from 1 January 2021 and that the movement of equidae would become increasingly cumbersome with import controls being imposed. From January 2021 until 30 June 2021, the movement of equidae into Britain requires an Export Health Certificate (EHC); equidae constitute goods and, as such, the importer must submit documentation in advance of the arrival of the equidae to the point of entry. From 1 July 2021, the formalities will increase including a specific border control post which will limit the entry points for equidae. The border between the Republic of Ireland and Northern Ireland impacts upon the transfer of equines as horseracing is an all-island activity. On 1 January 2021, a bipartite agreement between the Republic of Ireland and Northern Ireland came into force which operates along similar lines as that of the 2014 TPA. A similar bipartite agreement was concluded between the Republic of Ireland and France. In April 2021, the EU’s Animal Health Law (Regulation (EU) 2016/429) became directly applicable in the legal systems of the Member States. The stakeholders from the racing industry were hoping that this Regulation could be amended to incorporate 3H status from third countries including the UK. However, the enforcement date passed without any changes to the text. It remains to be seen if the EU’s Animal Health Law will be amended to extend its ambit to high health horses from third countries. The COVID-19 pandemic coupled with Brexit meant that attention was not focused on the impact of Brexit on horseracing, and this has resulted in much confusion and uncertainty surrounding the transfer of racehorses between UK and the EU.