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( 1 ) OJ NO 117 , 19 . 6 . 1967 , P . 2293/67 .

( 2 ) OJ NO L 55 , 10 . 3 . 1970 . P . 1 .

( 3 ) OJ NO L 258 , 21 . 10 . 1968 , P . 1 .

( 4 ) OJ NO L 96 , 23 . 4 . 1969 , P . 2 .

( 5 ) OJ NO L 13 , 18 . 1 . 1969 , P . 13 .

( 6 ) OJ NO L 120 , 21 . 5 . 1969 , P . 6 .

REGULATION ( EEC ) NO 1295/70 OF THE COMMISSION OF 1 JULY 1970 AMPLIFYING THE PROVISIONS RELATING TO THE MARKING OF CERTAIN EGG PACKS COVERED BY REGULATION ( EEC ) NO 1619/68 ON MARKETING STANDARDS FOR EGGS

THE COMMISSION OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ;

HAVING REGARD TO COUNCIL REGULATION NO 122/67/EEC ( 1 ) OF 13 JUNE 1967 ON THE COMMON ORGANISATION OF THE MARKET IN EGGS , AS LAST AMENDED BY REGULATION ( EEC ) NO 436/70 ( 2 ) ;

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 1619/68 ( 3 ) OF 15 OCTOBER 1968 ON MARKETING STANDARDS FOR EGGS , AS AMENDED BY REGULATION ( EEC ) NO 730/69 ( 4 ) , AND IN PARTICULAR ARTICLE 22 THEREOF ;

WHEREAS ARTICLE 22 OF REGULATION ( EEC ) NO 1619/68 PROVIDES THAT , FOR THE IMPLEMENTATION OF MARKETING STANDARDS FOR HEN EGGS IN SHELL , ADDITIONAL PROVISIONS SHOULD BE LAID DOWN IN PARTICULAR CONCERNING THE MARKING AND LABELLING OF PACKS AND CONCERNING BANDS AND OTHER FASTENING DEVICES ;

WHEREAS SOME OF THESE PROVISIONS WERE LAID DOWN IN COMMISSION REGULATION ( EEC ) NO 95/69 ( 5 ) OF 17 JANUARY 1969 IMPLEMENTING REGULATION ( EEC ) NO 1619/68 ON MARKETING STANDARDS FOR EGGS , AS AMENDED BY REGULATION ( EEC ) NO 927/69 ( 6 ) ;

WHEREAS ARTICLE 13 OF REGULATION ( EEC ) NO 1619/68 PERMITS EVEN UNDERTAKINGS WHICH ARE NOT APPROVED PACKING CENTRES TO WITHDRAW EGGS FROM THEIR GRADE AND TO REGRADE THEM IN A LOWER QUALITY GRADE ; WHEREAS , SINCE SUCH UNDERTAKINGS ARE NOT ABLE TO COMPLY WITH THE PROVISIONS OF ARTICLES 17 AND 18 OF THAT REGULATION AND SINCE THOSE ARTICLES MAKE NO PROVISION FOR MARKINGS INDICATING REGRADING , IT IS NECESSARY TO PROVIDE IN SUCH CASES FOR THE AFFIXING OF SPECIAL NOTICES TO THE BANDS , LABELS AND SMALL PACKS ;

WHEREAS PACKING CENTRES SHOULD BE IN A POSITION TO REPACK EGGS , THIS BEING NECESSARY , IN PARTICULAR , WHEN THE PACKING IS DAMAGED , WHEN A TRADER WISHES TO SELL EGGS UNDER HIS OWN NAME OR WHEN EGGS IN LARGE PACKS ARE REQUIRED TO BE REPACKED IN SMALL PACKS ; WHEREAS IT IS ALSO NECESSARY IN SUCH CASES THAT THE ORIGIN AND AGE OF THE EGGS BE GIVEN IN THE NOTICES AFFIXED TO BANDS , LABELS AND PACKS ; WHEREAS THESE NOTICES SHOULD SHOW THAT THE EGGS HAVE BEEN REGRADED OR REPACKED ;

WHEREAS , IN VIEW OF THE SPECIAL CONDITIONS FOR THE USE OF THE WORD " EXTRA " ON SMALL PACKS LAID DOWN IN ARTICLE 19 OF REGULATION ( EEC ) NO 1619/68 AND IN VIEW OF THE GUARANTEE OF FRESHNESS OF THE EGGS WHICH IS PROVIDED IN THIS CASE BY THE PACKING CENTRES , THIS MARKING MAY NOT BE USED FOR REPACKED EGGS ;

WHEREAS , IN ORDER TO CONFORM WITH PACKING CENTRE AND TRADE PRACTICE , IT IS ADVISABLE TO AUTHORISE THE AFFIXING ON LARGE PACKS OF THE NOTICES PROVIDED FOR BANDS OR LABELS , AND THE PRINTING OF A TRADE MARK ;

WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR POULTRYMEAT AND EGGS ;

HAS ADOPTED THIS REGULATION :

ARTICLE 1

1 . EGGS WHICH HAVE BEEN REGRADED IN ACCORDANCE WITH ARTICLE 13 ( 1 ) OF REGULATION ( EEC ) NO 1619/68 MAY BE MARKETED IN THE PACKS IN WHICH THEY WERE CONTAINED BEFORE REGRADING . IF THEY ARE REPACKED , EACH PACK MAY CONTAIN ONLY THE EGGS OF A SINGLE BATCH .

2 . THE BAND OR LABEL ON LARGE PACKS SHALL BEAR IN CLEAR AND LEGIBLE BLACK CHARACTERS THE FOLLOWING INFORMATION ONLY :

( A ) THE NAME OR BUSINESS NAME AND ADDRESS OF THE UNDERTAKING WHICH REGRADED THE EGGS OR HAD THEM REGRADED ;

( B ) THE DISTINGUISHING NUMBER OF THE PACKING CENTRE WHICH FIRST PACKED THE EGGS OR , IN THE CASE OF IMPORTED EGGS , THE COUNTRY OF ORIGIN ;

( C ) THE QUALITY AND WEIGHT GRADING ;

D ) THE NUMBER OF EGGS PACKED ;

( E ) THE WORD " PACKED : " , FOLLOWED BY THE DATE OR WEEK NUMBER OF FIRST PACKING ;

AND BELOW THIS THE WORD " REGRADED : " FOLLOWED BY THE DATE OR WEEK NUMBER OF THE REGRADING IN ACCORDANCE WITH ARTICLE 17 ( 1 ) ( E ) OF REGULATION ( EEC ) NO 1619/68 ;

( F ) PARTICULARS OF THE REFRIGERATION OR METHOD OF PRESERVATION , UNCODED AND IN ROMAN TYPE , FOR REFRIGERATED OR PRESERVED EGGS .

3 . SMALL PACKS CONTAINING REGRADED EGGS SHALL BEAR ONLY THE PARTICULARS PROVIDED FOR IN PARAGRAPH 2 , IN CLEARLY VISIBLE AND LEGIBLE CHARACTERS ; IN CASES WHERE THE ORIGINAL PACKS ARE BEING REUSED , THE PARTICULARS WHICH ARE NO LONGER APPLICABLE SHALL BE COVERED OVER . IN ADDITION , SMALL PACKS MAY BEAR THE TRADE MARK OF THE UNDERTAKING WHICH REGRADED THE EGGS OR HAD THEM REGRADED .

ARTICLE 2

1 . EXCEPT IN THE CASE PROVIDED FOR IN ARTICLE 13 OF REGULATION ( EEC ) NO 1619/68 , PACKED EGGS MAY BE REPACKED IN OTHER LARGE OR SMALL PACKS ONLY BY PACKING CENTRES . EACH PACK SHALL CONTAIN ONLY THE EGGS OF A SINGLE BATCH .

2 . THE BAND OR LABEL ON LARGE PACKS SHALL BEAR IN CLEARLY VISIBLE AND LEGIBLE BLACK CHARACHTERS THE FOLLOWING INFORMATION ONLY :

( A ) THE NAME OR BUSINESS NAME AND ADDRESS OF THE UNDERTAKING WHICH REPACKED THE EGGS OR HAD THEM REPACKED ;

( B ) THE DISTINGUISHING NUMBER OF THE PACKING CENTRE WHICH REPACKED THE EGGS ;

( C ) THE QUALITY AND WEIGHT GRADING ;

( D ) THE NUMBER OF EGGS PACKED ;

( E ) THE WORD " PACKED : " , FOLLOWED BY THE DATE OR WEEK NUMBER OF FIRST PACKING ;

AND BELOW THIS THE WORD " REPACKED : " , FOLLOWED BY THE DATE OR WEEK NUMBER OF REPACKING , IN ACCORDANCE WITH ARTICLE 17 ( 1 ) ( E ) OF REGULATION ( EEC ) NO 1619/68 ;

( F ) PARTICULARS OF THE REFRIGERATION OR METHOD OF PRESERVATION , UNCODED AND IN ROMAN TYPE , FOR REFRIGERATED OR PRESERVED EGGS ;

( G ) THE DISTINGUISHING NUMBER OF THE PACKING CENTRE WHICH FIRST PACKED THE EGGS OR , IN THE CASE OF IMPORTED EGGS , THE COUNTRY OF ORIGIN ;

3 . SMALL PACKS CONTAINING REPACKED EGGS SHALL BEAR , IN CLEARLY VISIBLE AND LEGIBLE CHARACTERS AND IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 18 ( 2 ) OF REGULATION ( EEC ) NO 1619/68 , ONLY THE PARTICULARS PROVIDED FOR IN PARAGRAPH 2 . IN ADDITION , SMALL PACKS MAY BEAR THE TRADE MARK OF THE UNDERTAKING WHICH REPACKED THE EGGS OR HAD THEM REPACKED . THE WORD " EXTRA " MAY NOT BE USED .

ARTICLE 3

1 . THE PROVISIONS OF ARTICLE 5 OF REGULATION ( EEC ) NO 95/69 SHALL APPLY TO THE BANDS AND LABELS MENTIONED IN ARTICLES 1 AND 2 , IF THE SPECIMENS ARE SUPPLIED BEFORE 1 AUGUST 1970 .

2 . IF THE ORIGINAL PACKS ARE USED FOR REGRADING AND REPACKING THEY SHALL BE CONSIDERED AS REUSED WITHIN THE MEANING OF ARTICLE 3 ( 2 ) OF REGULATION ( EEC ) NO 95/69 .

ARTICLE 4

1 . THE PARTICULARS ON THE BANDS OR LABELS OF LARGE PACKS WHICH ARE REUSED IN ACCORDANCE WITH ARTICLE 3 ( 2 ) OF REGULATION ( EEC ) NO 95/69 SHALL BE COMPLETELY COVERED OVER BY NEW BANDS OR NEW LABELS OR RENDERED ILLEGIBLE IN SOME OTHER MANNER .

2 . LARGE PACKS MAY BEAR ONE OR MORE OF THE PARTICULARS APPEARING ON THE BANDS AND LABELS WITH WHICH THEY ARE FASTENED . IN ADDITION , LARGE PACKS MAY BEAR THE TRADE MARK OF THE UNDERTAKING WHICH PACKED THE EGGS OR HAD THEM PACKED .

ARTICLE 5

THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

HOWEVER , ARTICLES 1 AND 2 SHALL BE APPLICABLE FROM 1 AUGUST 1970 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 1 JULY 1970 .

FOR THE COMMISSION

THE PRESIDENT

JEAN REY