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Commission Regulation (EC) No 617/2008 of 27 June 2008 laying down detailed rules for implementing Regulation (EC) No 1234/2007 as regards marketing standards for eggs for hatching and farmyard poultry chicks

EU Regulation No 617/2008 · Adopted 27 June 2008 · Extends to United Kingdom

Original text. legislation.gov.uk does not revise this item, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Commission Regulation (EC) No 617/2008

of 27 June 2008

laying down detailed rules for implementing Regulation (EC) No 1234/2007 as regards marketing standards for eggs for hatching and farmyard poultry chicks

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)f1, and in particular Article 121(f) in conjunction with Article 4 thereof,

Whereas:

(1)

As of 1 July 2008, Council Regulation (EEC) No 2782/75 of 29 October 1975 on the production and marketing of eggs for hatching and of farmyard poultry chicksf2 is repealed by Regulation (EC) No 1234/2007.

(2)

Certain provisions and obligations laid down in Regulation (EEC) No 2782/75 have not been incorporated in Regulation (EC) No 1234/2007.

(3)

Certain appropriate provisions and obligations should therefore be adopted within the framework of a Regulation laying down detailed rules for implementing Regulation (EC) No 1234/2007 in order to ensure the continuity and smooth running of the common organisation of the market, and in particular marketing standards.

(4)

Regulation (EC) No 1234/2007 lays down the basic requirements which eggs for hatching and farmyard poultry chicks must satisfy to be marketed in the Community. For the sake of clarity, new detailed rules for the implementation of those requirements should be laid down. Commission Regulation (EEC) No 1868/77f3, which lays down detailed rules for the application of Regulation (EEC) No 2782/75, should therefore be repealed and replaced by a new Regulation.

(5)

Regulation (EC) No 1234/2007 laid down certain rules for the production and marketing of eggs for hatching and of farmyard poultry chicks. The implementation of these rules requires rules of application aimed, inter alia, at preventing the marketing of eggs removed from the incubator unless they have a special distinguishing mark, at specifying the markings to be made on eggs and the packaging of eggs for hatching and chicks, and providing for communication of the necessary information.

(6)

Each establishment should be given a distinguishing registration number based on a code drawn up in each Member State so that it is possible to determine the activity in which the establishment is engaged.

(7)

The collection system for data concerning intra-Community trade in and production of chicks and eggs for hatching should be adequately maintained in order to establish short-term production estimates. It is for each Member State to lay down the penalties for infringements of these provisions.

(8)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,

HAS ADOPTED THIS REGULATION:

Annotations to the whole text

Footnotes

f1

OJ L 299, 16.11.2007, p. 1. Regulation as last amended by Commission Regulation (EC) No 510/2008 (OJ L 149, 7.6.2008, p. 61).

f2

OJ L 282, 1.11.1975, p. 100. Regulation as last amended by Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

f3

OJ L 209, 17.8.1977, p. 1. Regulation as last amended by Regulation (EC) No 1792/2006 (OJ L 362, 20.12.2006, p. 1).

Contents

  1. 1Definitions
  2. 2Registration of establishments
  3. 3Marking of eggs for hatching and their packaging
  4. 4Marking of packs containing chicks
  5. 5Accompanying documents
  6. 6Records
  7. 7Use of eggs removed from the incubator
  8. 8Communications
  9. 9Inspection agencies
  10. 10Penalties Repealed
  11. 11Reporting Repealed
  12. 11aImplementation of the notification obligation Repealed
  13. 12Repeal
  14. 13Entry into force
  15. Signature
  16. Annex IAnnex I Repealed
  17. Annex IIMarking referred to in Article 3(4) Repealed
  18. Annex III
  19. MONTHLY SUMMARY OF PRODUCTION AND MARKETING OF EGGS FOR HATCHING AND FARMYARD POULTRY CHICKS
  20. PART IDivision PART I
  21. EXTERNAL TRADE IN FARMYARD POULTRY CHICKS
  22. PART IIDivision PART II
  23. Annex IVSTRUCTURE AND UTILISATION OF HATCHERIES ...
  24. Annex VAnnex V

1Definitions

For the purposes of this Regulation:

  1. 1..

    ‘eggs for hatching’ means poultry eggs falling within subheadings 0407 00 11 and 0407 00 19 of the Combined Nomenclature intended for the production of chicks, classified according to species, category and type and identified in accordance with this Regulation, produced in the F1United Kingdom or imported from third countries;

  2. 2..

    ‘chicks’ means live farmyard poultry the weight of which does not exceed 185 grammes, either produced in the F2United Kingdom or imported from third countries and falling within subheadings 0105 11 and 0105 19 of the Combined Nomenclature, of the following categories:

    1. (a)

      utility chicks: chicks of one of the following types:

      1. (i)

        table type chicks: chicks intended to be fattened and slaughtered before reaching sexual maturity;

      2. (ii)

        laying chicks: chicks intended to be raised with a view to the production of eggs for consumption;

      3. (iii)

        dual-purpose chicks: chicks intended either for laying or for the table;

    2. (b)

      parent stock chicks: chicks intended for the production of utility chicks;

    3. (c)

      grandparent stock chicks: chicks intended for the production of parent stock chicks;

  3. 3..

    ‘establishment’ means the establishment or part of an establishment for each of the following sectors of activity:

    1. (a)

      pedigree breeding establishment: an establishment for the production of eggs for hatching intended for the production of grandparent stock, parent stock or utility chicks;

    2. (b)

      breeding establishment: an establishment for the production of eggs for hatching intended for the production of utility chicks;

    3. (c)

      hatchery: an establishment for incubating eggs, hatching and supplying chicks;

  4. 4..

    ‘capacity’ means the maximum number of eggs for hatching which may be placed simultaneously in incubators excluding hatchers.

  5. 5..

    F3‘relevant authority’ means:

    1. (a)

      in relation to England, the Secretary of State,

    2. (c)

      in relation to Scotland, the Scottish Ministers,

    3. (d)

      in relation to Wales, the Welsh Ministers;

  6. 6..

    ‘third country’ means any country or territory other than—

    1. (a)

      the United Kingdom,

    2. (b)

      the Bailiwick of Guernsey,

    3. (c)

      the Bailiwick of Jersey, or

    4. (d)

      the Isle of Man.

2Registration of establishments

1.

Every establishment shall be registered, at its request, by the competent F1authority appointed by the F2relevant authority and shall receive a distinguishing number.

The distinguishing number may be withdrawn from establishments which do not comply with the provisions of this Regulation.

2.

All applications for registration of one of the establishments referred to in paragraph 1 shall be addressed to the competent authority F3.... F4The competent authority shall allocate to the establishment being registered a distinguishing number comprising F5the country code ‘UK’, together with an identifying number so allocated that it is possible to determine the activity in which the establishment is engaged.

F63.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3Marking of eggs for hatching and their packaging

1.

Eggs for hatching, used for chick production, shall be marked individually.

2.

The individual marking of eggs for hatching, used for chick production, shall be carried out at the producer establishment, which shall print its distinguishing number on the eggs. The letters and figures shall be indicated in indelible black ink at least 2 mm high and 1 mm wide.

3.

F1In accordance with the legislation applying in the constituent nation, eggs for hatching may be marked in a different manner from that presented in paragraph 2, provided that it is in black ink, indelible, clearly visible and at least 10mm2 in area. Such marking shall be carried out prior to insertion into the incubator, either at a producer establishment, or at a hatchery. F2...

4.

Eggs for hatching shall be transported in perfectly clean packs, containing only eggs for hatching of the same species, category and type of poultry, originating in one establishment, and bearing F3the marking ‘eggs for hatching’.

5.

In order to comply with the provision in force in certain importer third countries, eggs for hatching intended for export and their packaging may bear particulars other than those provided for in this Regulation, provided that they are not likely to be confused with the latter F4and with those provided for in F5Articles F675(3), 78(1) and 89 of Regulation (EU) No 1308/2013 and its implementing Regulations. , those provided for in Articles 78(1) and 89 of Regulation (EU) 1308/2013, its implementing regulations and regulations made under section 9 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020.

6.

Packs or containers of any type in which these eggs are transported shall bear the distinguishing number of the producer establishment.

F77.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8.

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 of origin and the printed F8word ‘hatching’, either in English or in the language of the country of origin. Their packaging must contain only eggs for hatching of the same species, category and type of poultry from the same country of origin and sender, and must bear at least the following particulars:

(a)

the information shown on the eggs;

(b)

the species of poultry from which the eggs come;

(c)

the sender's name or business name and address.

F910.

In paragraph 3, ‘constituent nation’ means England, Wales or Scotland, as the case may be.

4Marking of packs containing chicks

1.

The chicks shall be packed by species, type and category of poultry.

2.

The boxes shall contain only chicks from the same hatchery and shall show at least the distinguishing number of the hatchery.

3.

Chicks originating in third countries may be imported only if they are grouped in accordance with paragraph 1. The boxes must contain only chicks from the same country of origin and sender and shall bear at least the following particulars:

(a)

the name of the country of origin;

(b)

the species of poultry to which the chicks belong;

(c)

the sender's name or business name and address.

The markings to be made on packaging shall be made in indelible black ink, in letters or figures at least 20 mm high and 10 mm wide, drawn 1 mm thick.

5Accompanying documents

1.

An accompanying document shall be drawn up in respect of each batch of eggs for hatching or chicks dispatched and shall bear at least the following particulars:

(a)

the name or business name and address of the establishment and its distinguishing number;

(b)

the number of eggs for hatching or chicks according to species, category and type of poultry;

(c)

the date of dispatch;

(d)

the name and address of the consignee.

2.

As regards batches of eggs for hatching and of chicks imported from third countries, the distinguishing number of the establishment must be replaced by the name of the country of origin.

6Records

Each hatchery shall record, by species, category (parent, grandparent or utility stock) and type (table use, laying or dual purpose):

  1. (a)

    the date on which the eggs were placed in incubation, the number of incubated eggs and the distinguishing number of the establishment in which the eggs for hatching were produced;

  2. (b)

    the date of hatching and the number of hatched chicks intended for actual use;

  3. (c)

    the number of incubated eggs removed from the incubator and the identity of the buyer.

7Use of eggs removed from the incubator

Incubated eggs removed from the incubator shall be used for purposes other than human consumption. They may be used as industrial eggs within the meaning of the second paragraph, point (h) of Article 1 of Regulation (EC) No 589/2008f1.

8Communications

1.

Each hatchery shall communicate monthly to the competent F1authority, by species, category and type, the number of eggs for hatching placed in incubation and the number of chicks hatched intended for actual use.

F22.

The relevant authority may request statistical data on flocks of grandparent stock and parent stock birds from establishments other than those referred to in paragraph 1, as required.

F33.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F44.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.

F5The competent authority may use the standard form for the summary (Part I) contained in Annex III to collect from the hatcheries the information referred to in paragraphs 1 and 2.

6.

F6The relevant authority may specify that in respect of chicks several copies of the accompanying document referred to in Article 5 shall be drawn up. In this case, one copy of the document shall be sent to the competent agency referred to in Article 9 on importation or exportation F7....

F87.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9Inspection agenciesF1

Agencies appointed by each F2relevant authority shall check that the provisions of this Regulation are observed.

10PenaltiesF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11ReportingF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11aImplementation of the notification obligationF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12Repeal

Regulation (EEC) No 1868/77 is hereby repealed with effect from 1 July 2008.

References to the repealed Regulation and to Regulation (EEC) No 2782/75 shall be construed as references to this Regulation and should be read in accordance with the correlation table in Annex V.

13Entry into force

This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.

It shall apply with effect from 1 July 2008.

Signature

F1...

Annex IF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annex IIMarking referred to in Article 3(4)F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART I

Country:Year:1 000 units
DescriptionJanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecember

A.

Eggs for hatching placed in incubation

Cocks, hens, chickensGrandparent and parentlaying
Utilitylaying
Grandparent and parentmeat
Utilitymeat
mixed
DucksUtility
Geese
Turkeys
Guinea fowl

B.

How chicks are used

Cocks, hens, chickensGrandparent and parent femaleslaying
Females reared for layinglaying
Grandparent and parent femalesmeat
Males and females for fatteningmeat
mixed
DucksMales and females for fattening
Geese
Turkeys
Guinea fowl
Cocks, hens, chickensCockerels for sexing

PART II

Country:Year:1 000 units
F1...
. . .. . .. . .. . .
. . .. . .
. . .. . .
. . .. . .
. . .
. . .
. . .
. . .. . .
. . .
. . .. . .. . .. . .
. . .. . .
. . .. . .
. . .. . .
. . .
. . .
. . .
. . .. . .
. . .
Imports from … and exports to third countriesJanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecember
IMPORTSCocks, hens, chickensChicks: grandparent and parent femaleslaying
Chicks: uselaying
Chicks: grandparent and parent femalesmeat
Chicks: usemeat
mixed
Ducks
Geese
TurkeysChicks: use
Guinea fowl
EXPORTSCocks, hens, chickensChicks: grandparent and parent femaleslaying
Chicks: uselaying
Chicks: grandparent and parent femalesmeat
Chicks: usemeat
mixed
Ducks
Geese
TurkeysChicks: use
Guinea fowl

Annex IVSTRUCTURE AND UTILISATION OF HATCHERIES ...F1F2F3

Annex V

Correlation table

Regulation (EEC) No 2782/75Regulation (EEC) No 1868/77This Regulation
Article 1—Article 1
Article 3—Article 2(1)
—Article 1(1)Article 2(2) and Annex I
—Article 1(2)Article 2(3)
Article 5(1)—Article 3(1)
—Article 2(1)Article 3(2)
—Article 2(2) first subparagraphArticle 3(3)
—Article 2(2) second subparagraphArticle 3(6)
—Article 2(2) third subparagraphArticle 3(3)
Article 5(2)—Article 3(4) and Annex II
Article 5(3)—Article 3(5)
Article 6—Article 3(8)
—Article 2(3)Article 3(7)
Article 11—Article 4(1) and (2)
Article 12—Article 4(3) first subparagraph
—Article 3Article 4(3) second subparagraph
Article 13—Article 5
Article 7—Article 6
Article 8—Article 7
Article 9—Article 8(1) and (2)
Article 10(1)—Article 8(3)
—Article 4(1)Article 8(4)
—Article 4(2)Article 8(5)
—Article 4(3)Article 8(6)
—Article 4(4)Article 8(7)
Article 16—Article 9
—Article 5Article 10
—Article 6Article 11
—Article 7Article 12, first paragraph
—Article 8Article 13
—Annex IAnnex III
—Annex IIAnnex IV