31972R1349

596 Official Journal of the European Communities

30.6.72 Official Journal of the European Communities No L 148/7

REGULATION (EEC) No 1349/72 OF THE COUNCIL

of 27 June 1972

on the production and marketing of eggs for hatching and of farmyard poultry chicks

THE COUNCIL OF THE EUROPEAN COMMUNITIES , development of the market in poultry products ; whereas, to that end, provision should also be made Having regard to the Treaty establishing the for the collection of statistics relating to flocks of European Economic Community, and in particular grandparent stock and parent stock birds ; Article 43 thereof; Whereas, in order to forecast market trends with the Having regard to Council Regulation No greatest possible accuracy and as soon as possible, 122/67/EEC1 of 13 June 1967 on the common the data relating to incubated eggs, chicks hatched organization of the market in eggs, as last amended and chicks marketed should be collected at regular by Regulation (EEC) No 1261 /71 ,2 and in particular intervals; Article 2 thereof; Whereas it is further necessary to identify eggs for Having regard to Council Regulation No hatching produced in the Community, so as to be 123 /67/EEC3 of 13 June 1967 on the common able to distinguish them from the eggs subject to organization of the market in poultrymeat, as last Council Regulation (EEC) No 1619/685 of 15 amended by Regulation (EEC) No 2727/71 ,4 and in October 1968 on marketing standards for eggs, as particular Article 2 thereof; amended by Regulation (EEC) No 730/696; whereas, therefore, such identification must be made in the Having regard to the proposal from the Commission; Community by the individual marking of eggs for hatching but whereas, however, it is necessary to Having regard to the Opinion of the European provide that, in the Member States which authorize Parliament; it, this identification can be carried out according to special packing provisions ; whereas that latter Whereas, in order to attain the objectives set out in possibility must not, however, result in the marketing Article 39 of the Treaty with respect to poultry, without a special distinguishing mark of eggs which Regulations Nos 122/67/EEC and 123 /67/EEC have been removed from the incubator ; provide for measures to facilitate the adaptation of supply to demand; Whereas the sluice-gate prices and levies are different for eggs for hatching and for other eggs; whereas, it Whereas these measures include in particular those is necessary to enable a clear distinction between which are intended to facilitate the introduction of those products by marking eggs for hatching; short and long term forecasts based on the knowledge of the production resources employed and also marketing standards which may relate to Whereas the same is true for exports, owing in packing, transport and marking; particular to the provisions for granting refunds ; whereas, however, account must be taken, as far as possible, of the provisions which might exist as Whereas an exact knowledge of the number of regards identification in third countries so as to avoid incubated eggs, and of the number of chicks hatched, disrupting trade with those countries ; classified according to species, category and type of poultry, makes it possible to forecast the Whereas a distinguishing number, given to each establishment and stamped on eggs for hatching or 1 OJ No 117, 19.6.1967, p. 2293/67. 2 OJ No L 132, 18.6.1971 , p. 1 . 3 OJ No 117, 19.6.1967, p. 2301/67. 5 OJ No L 258 , 21.10.1968 , p . 1 . 4 OJ No L 282, 23.12.1971 , p . 8 . 6 OJ No L 96, 23.4.1969, p. 1 .

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on packings containing eggs for hatching or chicks, 3 . 'Establishment' means the establishment or part of may facilitate the marketing of these products and an establishment for each of the following sectors checking of compliance with the provisions of the of activity: Regulation; (a) pedigree breeding establishment: an establish­ ment, for the production of eggs for hatching Whereas, both in respect of marketing and checking, intended for the production of grandparent it is essential to enter on the accompanying stock, parent stock or utility chicks ; documents information relating in particular both to the nature of the batch of chicks or eggs for hatching (b) breeding establishment : an establishment for and to its origin ; whereas, therefore, certain of these the production of eggs for hatching intended particulars must be shown on the packings ; for the production of utility chicks ;

(c) hatchery : an establishment for incubating eggs, Whereas the establishments in question must be hatching and supplying chicks. assured that any specific information concerning them will benefit from anonymity and statistical 4. 'Capacity' means the maximum number of eggs secrecy ; for hatching which may be placed simultaneously in incubators excluding hatchers. Whereas establishments which, owing to their slight commercial importance, have no appreciable influence on overall statistical results or on market developments should be exempted from the Article 2 obligation to comply with this Regulation ; 1 . The marketing and transport of eggs for hatching and of chicks as well as the incubation of HAS ADOPTED THIS REGULATION : eggs for hatching shall be permitted on the territory of the Community for trade or commercial purposes only if the provisions of this Regulation are observed. Article 1

2. However, pedigree breeding and other breeding For the purposes of this Regulation : establishments with less than 100 birds and hatcheries with a capacity of less than 1 000 eggs for 1 . 'Eggs for hatching' means poultry eggs falling hatching shall not be obliged to observe this within subheading (a) No 04.05 A I (a) of the Regulation. Common Customs Tariff intended for the production of chicks, classified according to species, category and type and identified in Article 3 accordance with this Regulation.

2. 'Chicks' means live poultry the weight of which Every establishment shall be registered, at its request, does not exceed 185 grammes , falling within by the competent agency appointed by the Member subheading No 01/05 A of the Common Customs State and shall receive a distinguishing number. Tariff, of the following categories : (a) Utility chicks : chicks of one of the following The distinguishing number may be withdrawn from types : establishments which do not comply with the provisions of this Regulation. (i) table type chicks : chicks intended to be fattened and slaughtered before reaching sexual maturity; Article 4 (ii) laying chicks : chicks intended to be raised with a view to the production of eggs for consumption; Every Member State shall communicate to the other Member States and to the Commission, not later than (iii) dual purpose chicks : chicks intended three months after the entry into force of this either for laying or for the table; Regulation, the list of establishments situated on its territory specifying the distinguishing number, name (b) Parent stock chicks : chicks intended for the and address of each establishment. Any amendment production of utility chicks ; to that list shall be communicated at the beginning of (c) Grandparent stock chicks : chicks intended for each quarter to the Member States and to the the production of breeding chicks. Commission .

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Article S Article 7

1 . Eggs for hatching shall be marked individually. Each hatchery shall keep one or more registers where The marking shall be carried out by the producer the following particulars shall be entered by species, establishment which shall print its distinguishing category (grandparent, parent or utility stock) and number on the eggs for hatching. type (table use, laying or dual purpose):

( a) the date on which the eggs are placed in 2. However, the Member States may authorize the incubation and the number of incubated eggs, the identification of eggs for hatching by means of a tape distinguishing number of the establishment in affixed to the pack in such a way that it is rendered which the eggs for hatching were produced and unusable on opening; that tape shall at least bear the the number of unmarked eggs removed from the name of the species of poultry from which the eggs incubator ; originate and the distinguishing number of the producer establishment. ( b ) the date of hatching, the number of chicks hatched and the number of chicks intended for actual use. The Member State exercising this power shall inform the other Member States and the Commission thereof and shall communicate to them the provisions made to that end . Article 8

Eggs for hatching thus identified may be transported, Eggs for hatching which are not marked before being incubated and which are removed from the incubator marketed or placed in incubation only in the Member States exercising this power. shall be destroyed or, if they are marketed as industrial eggs within the meaning of Article 1 point 2 of Regulation (EEC) No 1619/68, shall bear a 3 . Eggs for hatching shall be transported in distinguishing mark to be specified. perfectly clean packs, containing only eggs for hatching of the same species, category and type of poultry, originating in one establishment and bearing Article 9 at least the words : 'Bruteier',. 'oeufs a couver', 'uova da cova', or ' broedeieren' (eggs for hatching). 1 . Each hatchery shall communicate monthly to the competent agency of the Member State, by 4. In order to comply with the provision in force in certain importer third countries, eggs for hatching species, category and type, the number of eggs placed intended for export and their packings may bear in incubation, the number of chicks hatched and the number of chicks intended for actual use. particulars other than those provided for in this Regulation , provided that they are not likely to be confused with the latter and with those provided for 2. Statistical data on flocks of grandparent stock in Regulation (EEC) No 1619/68 and itsl and parent stock birds shall be requested as required implementing Regulations . from establishments other than those referred to in paragraph 1 , according to the rules and conditions adopted in accordance with the procedure laid down in Article 17 of Regulation No 123 /67/EEC. Article 6

Article 10 Eggs for hatching from third ' countries may be imported only if they bear, in type at least 3 mm high, the name of the country or origin and the 1 . The Member States shall, as soon as the data printed words 'Brutei', 'ceuf a couver', 'cova' or referred to in Article 9 is received and analyzed, ' broedei' (egg for hatching). Their packings must communicate to the Commission a monthly summary contain only eggs for hatching of the same species, based on the data for the previous month. category and type of poultry from the same country of origin and sender, and must bear at least the In addition, the summary submitted by the Member following particulars : States shall show the number of chicks imported and exported during the same month, according to ( a) the information shown on the eggs ; species, category and type of poultry.

(b) the species of poultry from which the eggs come ; 2 . The Commission shall collate and use this summarized information . It shall inform the Member ( c) the sender's name or business name and address, States thereof,

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Article 11 may bear particulars other than those provided for in this Regulation, on condition that they are not likely to be confused with the latter. 1 . The chicks shall be packed by species, type and category of poultry.

Article 16 2. The boxes shall contain only chicks from the same hatchery and shall show at least the Agencies appointed by each Member State shall distinguishing number of the hatchery. check that the provisions of this Regulation are observed. The list of these agencies shall be communicated to the other Member States and to the Article 12 Commission at the latest one month before the date of entry into force of this Regulation. Any Chicks originating in third countries may be amendment to this list shall be communicated to the imported only if they are grouped in accordance with other Member States and to the Commission . Article . 11 ( 1 ). The boxes must contain only chicks from the same country of origin and sender and shall bear at least the following particulars : Article 17

( a) the name of the country of origin ; Detailed rules for the application of this Regulation (b) the species of poultry to which the chicks belong ; shall be adopted in accordance with the procedure (c) the sender's name or business name and address . laid down in Article 17 of Regulation No 122/67/EEC or in Article 17 of Regulation No 123 /67/EEC as the case may be. Article 13

Article 18 1 . An accompanying document shall be drawn up in respect of each batch of eggs for hatching or chicks despatched and shall bear at least the 1 . The Member States shall take all measures following particulars : necessary to ensure the anonymity and confidential character of information supplied in pursuance of ( a) the name or business name and the address of the Article 9 . establishment and its distinguishing number;

(b) the number of eggs for hatching or chicks 2. The data entered in the registers may be used according to species, category and type of only by the authorities responsible for the application poultry ; of this Regulation . (c) the date of despatch; Article 19 (d) the name and address of the consignee.

2. As regards batches of eggs for hatching and of Council Regulation No 129/63 /EEC1 of 12 December chicks imported from third countries, the 1963 on certain provisions relating to poultry eggs distinguishing number of the establishment must be for hatching and live poultry of a weight not replaced by the name of the country of origin. exceeding 185 grammes is hereby repealed with effect from 1 December 1972 .

Article 14 Article 20 The particulars required under this Regulation shall be written legibly. This Regulation shall enter into force on the third day following its publication in the Official Journal These particulars and the accompanying documents of the European Communities. shall be written in at least one Community language. The system provided for in this Regulation shall apply from 1 December 1972. Article IS

In order to comply with the provisions in force in certain importer third countries, packages for export * OJ No 185, 1?,U,1963, p. 2983/^3 .

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This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Luxembourg, 27 June 1972.

For the Council The President

G. THORN