Proposal for a COUNCIL REGULATION on the production and marketing of eggs for hatching and of farmyard poultry chicks   (Codified version)
Date: 2006-11-16
Institutions: European Commission
Subjects: codification of EU law, egg, marketing, marketing standard, poultry, regulation of agricultural production

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 16.11.2006 
COM(2006) 694 final 

2006/0231 (CNS) 

Proposal for a 

COUNCIL REGULATION 

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

(Codified version) 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

In  the  context  of  a  people’s  Europe,  the  Commission  attaches  great  importance  to 
simplifying  and  clarifying  Community  law  so  as  to  make  it  clearer  and  more 
accessible to the ordinary citizen, thus giving him new opportunities and the chance 
to make use of the specific rights it gives him. 

This aim cannot be achieved so long as numerous provisions that have been amended 
several times, often quite substantially, remain scattered, so that they must be sought 
partly  in  the  original  instrument  and  partly  in  later  amending  ones.  Considerable 
research work, comparing many different instruments, is thus needed to identify the 
current rules. 

For  this  reason  a  codification  of  rules  that  have  frequently  been  amended  is  also 
essential if Community law is to be clear and transparent. 

On  1  April  1987  the  Commission  therefore  decided1  to  instruct  its  staff  that  all 
legislative acts should be codified after no more than ten amendments, stressing that 
this  is  a  minimum  requirement  and  that  departments  should  endeavour  to  codify  at 
even  shorter  intervals  the  texts  for  which  they  are  responsible,  to  ensure  that  the 
Community rules are clear and readily understandable. 

The  Conclusions  of 
the  Edinburgh  European  Council 
(December 1992) confirmed this2, stressing the importance of codification as it offers 
certainty as to the law applicable to a given matter at a given time. 

the  Presidency  of 

Codification  must  be  undertaken  in  full  compliance  with  the  normal  Community 
legislative procedure. 

Given  that  no  changes  of  substance  may  be  made  to  the  instruments  affected  by 
codification, the European Parliament, the Council and the Commission have agreed, 
by  an  interinstitutional  agreement  dated  20  December  1994,  that  an  accelerated 
procedure may be used for the fast-track adoption of codification instruments. 

to  undertake 

this  proposal 

codification  of 
is 
The  purpose  of 
Regulation (EEC) No 2782/75 of the Council of 29 October 1975 on the production 
and  marketing  of  eggs  for  hatching  and  of  farmyard  poultry  chicks3.  The  new 
Regulation  will  supersede  the  various  acts  incorporated  in  it4;  this  proposal  fully 
preserves  the  content  of  the  acts  being  codified  and  hence  does  no  more  than 
bringing  them  together  with  only  such  formal  amendments  as  are  required  by  the 
codification exercise itself. 

a 

COM(87) 868 PV. 
See Annex 3 to Part A of the Conclusions. 
Carried out pursuant to the Communication from the Commission to the European Parliament and the 
Council – Codification of the Acquis communautaire, COM(2001) 645 final. 
See Annex II to this proposal. 

1. 

2. 

3. 

4. 

1 
2 
3 

4 

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5. 

The codification proposal was drawn up on the basis of a preliminary consolidation, 
in  all  official  languages,  of  Regulation  (EEC) No 2782/75  and  the  instruments 
amending  it,  carried  out  by  the  Office  for  Official  Publications  of  the  European 
Communities, by means of a data-processing system. Where the Articles have been 
given new numbers, the correlation between the old and the new numbers is shown 
in a table contained in Annex III to the codified Regulation. 

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(cid:208) 2782/75  
2006/0231 (CNS) 

Proposal for a 

COUNCIL REGULATION 

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

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 37 thereof, 

Having regard to Council Regulation (EEC) No 2771/75 of 29 October 1975 on the common 
organisation of the market in eggs1, and in particular Article 2 thereof, 

Having regard to Council Regulation (EEC) No 2777/75 of 29 October 1975 on the common 
organisation of the market in poultrymeat2, and in particular Article 2 thereof, 

Having regard to the proposal from the Commission, 

Having regard to the opinion of the European Parliament3, 

Whereas: 

(1) 

Regulation (EEC) No 2782/75 of the Council  of 29 October 1975 on  the production 
and  marketing  of  eggs  for  hatching  and  of  farmyard  poultry  chicks4  has  been 
substantially amended several times5. In the interests of clarity and rationality the said 
Regulation should be codified. 

(cid:208)  

(2) 

In  order  to  attain  the  objectives  set  out  in  Article  33  of  the  Treaty  with  respect  to 
poultry, Regulations (EEC) No 2771/75 and (EEC) No 2777/75 provide for measures 
to facilitate the adaptation of supply to demand. 

(cid:208) 2782/75 Recital 1 

1 

2 

3 
4 
5 

OJ L 282, 1.11.1975, p. 49. Regulation as last amended by Regulation (EC) No 679/2006 (OJ L 119, 
4.5.2006, p.1). 
OJ L 282, 1.11.1975, p. 77. Regulation as last amended by Regulation (EC) No 679/2006 (OJ L 119, 
4.5.2006, p.1) 
OJ C […],[…], p. […] 
OJ L 282, 1.11.1975, p. 100. Regulation as last amended by the 2003 Act of Accession. 
See Annex II. 

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(3)  ⌦ Those ⌫  measures  include  in  particular  ⌦ measures ⌫  which  are  intended  to 
facilitate the introduction of short and long term forecasts based on the knowledge of 
the production resources employed and also marketing standards which may relate to 
packing, transport and marking. 

(cid:208) 2782/75 Recital 2 (adapted) 

(cid:208) 2782/75 Recital 3 (adapted) 

(4) 

An  exact  knowledge  of  the  number  of  incubated  eggs,  and  of  the  number  of  chicks 
hatched ⌦ intended  for  actual  use ⌫,  classified  according  to  species,  category  and 
type of poultry, makes it possible to forecast the development of the market in poultry 
products.  To  that  end,  provision  should  also  be  made  for  the  collection  of  statistics 
relating to flocks of grandparent stock and parent stock birds. 

(5) 

In order to forecast market trends with the greatest possible accuracy and as soon as 
possible,  the  data  relating  to  incubated  eggs,  chicks  hatched  ⌦ intended  for  actual 
use ⌫ and chicks marketed should be collected at regular intervals. 

(cid:208) 2782/75 Recital 4 (adapted) 

(6) 

Data should be collected at regular intervals on eggs withdrawn from incubators and 
use thereof. 

(cid:208) 3494/86 Recital 3 (adapted) 

(cid:208) 2782/75 Recital 5 (adapted) 

(7) 

It is further necessary to identify eggs for hatching produced in the Community, so as 
to  be  able  to  distinguish  them  from  the  eggs  subject  to  Council  Regulation  (EC) 
No 1028/2006  of  19  June  2006  on  marketing  standards  for  eggs6.  Therefore,  such 
identification must be made in the Community by the individual marking of eggs for 
hatching, ⌦ used for chick production ⌫. 

(8) 

It  is  necessary  to  enable  a  clear  distinction  ⌦ to  be  made ⌫  between  ⌦ eggs  for 
hatching and other eggs ⌫ by marking eggs for hatching. 

(cid:208) 2782/75 Recital 6 (adapted) 

(9)  ⌦ Such  marking  is  also  appropriate ⌫  for  exports,  owing  in  particular  to  the 
provisions  for  granting  refunds.  However,  account ⌦ should ⌫  be  taken,  as  far  as 
possible,  of  the  provisions  which  might  exist  as  regards  identification  in  third 
countries so as to avoid disrupting trade with those countries. 

(cid:208) 2782/75 Recital 7 (adapted) 

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OJ L 186, 7.7.2006, p.1.  

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(10)  A  distinguishing  number,  given  to  each  establishment  and  stamped  on  packings 
containing  eggs  for  hatching,  may  facilitate  the  marketing  of  these  products  and 
checking of compliance with the provisions of ⌦ this ⌫ Regulation. 

(cid:208) 2782/75 Recital 8 (adapted) 

(11)  Both in respect of marketing and checking, it is essential to enter on the accompanying 
documents information relating in particular both to the nature of the batch of chicks 
or  eggs  for  hatching  and  to  its  origin.  Therefore,  certain  of  these  particulars 
⌦ should ⌫ be shown on the packings. 

(cid:208) 2782/75 Recital 9 (adapted) 

(12)  The establishments in question ⌦ should ⌫ be assured that any specific information 

concerning them will benefit from anonymity and statistical secrecy. 

(cid:208) 2782/75 Recital 10 (adapted) 

(13)  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 obligation to comply with this Regulation, 

(cid:208) 2782/75 Recital 11 

HAS ADOPTED THIS REGULATION: 

(cid:208) 2782/75 

For the purposes of this Regulation the following definitions shall apply: 

Article 1 

(cid:208) 3987/87 Art. 3 (adapted) 
(cid:206)1 2916/95 Art. 1(2) 

(1) 

(2) 

“Eggs for hatching” means poultry eggs falling within ⌦ CN codes ⌫ 0407 00 11 
and 0407 00 19 intended for the production of chicks, classified according to species, 
category and type and identified in accordance with this Regulation. 

“Chicks” means live poultry the weight of which does not exceed 185 grams falling 
within  ⌦ CN  codes ⌫  0105 11,  (cid:206)1 0105 12   and  0105 19  of  the  following 
categories: 

(a)  Utility chicks: chicks of one of the following types: 

(cid:208) 2782/75 

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(i) 

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

(ii) 

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

(iii)  dual purpose chicks: chicks intended either for laying or for the table; 

(b)  Parent stock chicks: chicks intended for the production of utility chicks; 

(c)  Grandparent  stock  chicks:  chicks  intended  for  the  production  of  breeding 

chicks. 

(3) 

“Establishment” means the establishment or part of an establishment for each of the 
following sectors of activity: 

(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; 

(b)  breeding  establishment:  an  establishment  for  the  production  of  eggs  for 

hatching intended for the production of utility chicks; 

(c) 

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

(4) 

“Capacity” means the maximum number of eggs for hatching which may be placed 
simultaneously in incubators excluding hatchers. 

Article 2 

The marketing and transport of eggs for hatching and of chicks as well as the incubation of 
eggs  for  hatching  shall  only  be  permitted  on  the  territory  of  the  Community  for  trade  or 
commercial purposes if the provisions of this Regulation are observed. 

However, pedigree breeding and other breeding establishments with less than 100 birds and 
hatcheries with a capacity of less than 1 000 eggs for hatching shall not be obliged to observe 
this Regulation. 

Article 3 

Every establishment shall be registered, at its request, by the competent agency appointed by 
the Member State and shall receive a distinguishing number. 

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

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(cid:208) 2782/75 (adapted) 

Article 4 

Every Member State shall communicate to the other Member States and to the Commission, 
the list of establishments situated on its territory specifying the distinguishing number, name 
and address of each establishment. Any amendment to that list shall be communicated at the 
beginning of each quarter to the Member States and to the Commission. 

Article 5 

(cid:208) 3494/86 Art. 2 pt. 1 

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

2.  Eggs  for  hatching  shall  be  transported  in  perfectly  clean  packs,  containing  only  eggs  for 
hatching of the same species, category and type of poultry, in one establishment and bearing 
at least ⌦ one of the indications set out in Annex I, Part A ⌫.  

(cid:208) 1994 Act of Accession Art. 29 
and Annex I, p. 123 (adapted) 

(cid:208) 2782/75 
(cid:206)1 3494/86 Art. 2 pt. 1 

(cid:206)1 3.  In order to comply with the provisions in force in certain importer third countries, 
eggs for hatching intended for export and their packings may bear 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  in  Regulation  (EC)  No 1028/2006  and  its  implementing 
Regulations. 

(cid:208) 1994 Act of Accession Art. 29 
and Annex I, p. 123 (adapted) 

Article 6 

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  ⌦ one  of  the  indications  set  out  in 
Annex I, Part B ⌫. Their packings 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; 

(cid:208) 1994 Act of Accession Art.29 
and Annex I, p.123 

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(b) 

(c) 

the species of poultry from which the eggs come; 

the sender's name or business name and address. 

(cid:208) 3494/86 Art. 2 pt. 2 

Article 7 

Each  hatchery  shall  keep  one  or  more  registers  where  the  following  particulars  shall  be 
entered by species, category (grandparent, parent or utility stock) and type (table use, laying 
or dual purpose): 

(a) 

(b) 

(c) 

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; 

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

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

(cid:208) 3494/86 Art. 2 pt. 3 (adapted) 

Article 8 

Incubated  eggs  withdrawn  from  the  incubator  shall  be  used  for  purposes  other  than  human 
consumption. They may be used as industrial eggs. 

(cid:208) 2782/75 

Article 9 

(cid:208) 3494/86 Art. 2 pt. 4 

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

2. Statistical data on flocks of grandparent stock and parent stock birds shall be requested as 
required  from  establishments  other  than  those  referred  to  in  paragraph  1,  according  to  the 
rules and conditions adopted in accordance with the procedure ⌦ referred to ⌫ in Article 17 
⌦ (2) ⌫ of Regulation (EEC) No 2777/75. 

(cid:208) 2782/75 (adapted) 

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(cid:208) 2782/75 (adapted) 

Article 10 

1. The Member States shall, as soon as the data referred to in Article 9 ⌦ are ⌫ received 
and analysed, communicate to the Commission a monthly summary based on the data for the 
previous month.  

(cid:208) 2782/75 

In addition, the summary submitted by the Member States shall show the number of chicks 
imported  and  exported  during  the  same  month,  according  to  species,  category  and  type  of 
poultry. 

2.  The  Commission  shall  collate  and  use  this  summarised  information.  It  shall  inform  the 
Member States thereof. 

Article 11 

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. 

Article 12 

Chicks originating in third countries may be imported only if they are grouped in accordance 
with 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: 

(a) 

(b) 

(c) 

the name of the country of origin; 

the species of poultry to which the chicks belong; 

the sender's name or business name and address. 

Article 13 

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) 

(b) 

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

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

(c) 

the date of dispatch; 

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(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. 

Article 14 

The particulars required under this Regulation shall be written legibly. 

These  particulars  and  the  accompanying  documents  shall  be  written  in  at  least  one 
Community language. 

Article 15 

In order to comply with the provisions in force in certain importer third countries, packages 
for export may bear particulars other than those provided for in this Regulation, on condition 
that they are not likely to be confused with the latter. 

(cid:208) 2782/75 (adapted) 

Article 16 

Agencies appointed by each Member State shall check that the provisions of this Regulation 
are observed. The list of ⌦ those ⌫ agencies shall be communicated to the other Member 
States  and  to  the  Commission  at  the  latest  on  ⌦ 1  October  1975 ⌫.  Any  amendment  to 
⌦ that ⌫ list shall be communicated to the other Member States and to the Commission. 

Article 17 

Detailed rules for the application of this Regulation shall be adopted in accordance with the 
procedure ⌦ referred to ⌫ in Article 17 ⌦ (2) ⌫ of Regulation (EEC) No 2771/75 or in 
Article 17 ⌦ (2) ⌫ of Regulation (EEC) No 2777/75 as appropriate. 

(cid:208) 2782/75 

Article 18 

1.  The  Member  States  shall  take  all  measures  necessary  to  ensure  the  anonymity  and 
confidential character of information supplied in pursuance of Article 9. 

2.  The  data  entered  in  the  registers  may  be  used  only  by  the  authorities  responsible  for  the 
application of this Regulation. 

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(cid:208)  

Article 19 

Regulation (EEC) No 2782/75 is repealed. 

References to the repealed Regulation shall be construed as references to this Regulation and 
shall be read in accordance with the correlation table in Annex III. 

(cid:208) 2782/75 (adapted) 

Article 20 

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

(cid:208) 2782/75 

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

Done at Brussels, […] 

For the Council 
The President 
[…] 

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(cid:208) 1994 Act of Accession Art. 29 
and Annex I, p. 123 (adapted) 
(cid:206)1 2003 Act of Accession Art. 20 
and Annex II, p. 561 (adapted) 

⌦ ANNEX I ⌫  

⌦ Part A ⌫ 

⌦ Indications referred to in Article 5(2) ⌫ 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

⌦ In Spanish: ⌫ «huevos para incubar», 

(cid:206)1 ⌦ In Czech: ⌫ «násadová vejce»,  

⌦ In Danish: ⌫ «rugeæg», 

⌦ In German: ⌫ «Bruteier», 

(cid:206)1 ⌦ In Estonian: ⌫ «haudemunad»,  

⌦ In Greek: ⌫ «αυγά προς εκκόλαψιν», 

⌦ In English: ⌫ «eggs for hatching», 

⌦ In French: ⌫ «œufs à couver», 

⌦ In Italian: ⌫ «uova da cova», 

(cid:206)1 ⌦ In Latvian ⌫ «inkubējamas olas»,  

(cid:206)1 ⌦ In Lithuanian: ⌫ «kiaušiniai perinimui»,  

(cid:206)1 ⌦ In Hungarian: ⌫«keltetőtojás»,  

(cid:206)1 ⌦ In Maltese: ⌫«bajd tat-tifqis»,  

⌦ In Dutch: ⌫ «broedeieren», 

(cid:206)1 ⌦ In Polish: ⌫ «jaja wylęgowe»,  

⌦ In Portuguese: ⌫ «ovos para incubação», 

(cid:206)1 ⌦ In Slovak: ⌫«násadové vajcia»,   

(cid:206)1 ⌦ In Slovene: ⌫«valilna jajca»,  

⌦ In Finnish: ⌫ «munia haudottavaksi», 

⌦ In Swedish: ⌫ «kläckägg». 

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⌦ Part B ⌫ 

⌦ Indications referred to in Article 6 ⌫ 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

⌦ in Spanish: ⌫ «para incubar», 

(cid:206)1 ⌦ in Czech: ⌫ «líhnutí»,  

⌦ in Danish: ⌫ «rugeæg», 

⌦ in German: ⌫ «Brutei», 

(cid:206)1 ⌦ in Estonian: ⌫ «haue»,  

⌦ in Greek: ⌫ «προς εκκόλαψιν», 

⌦ in English: ⌫ «hatching», 

⌦ in French: ⌫ «à couver», 

⌦ in Italian: ⌫ «cova», 

(cid:206)1 ⌦ in Latvian: ⌫ «inkubācija»,  

(cid:206)1 ⌦ in Lithuanian: ⌫ «perinimas»,  

(cid:206)1 ⌦ in Hungarian: ⌫ «keltetésre»,  

(cid:206)1 ⌦ in Maltese: ⌫ «tifqis»,  

⌦ in Dutch: ⌫ «broedei», 

(cid:206)1 ⌦ in Polish: ⌫ «do wylęgu»,  

⌦ in Portuguese: ⌫ «para incubação», 

(cid:206)1 ⌦ in Slovak: ⌫ «liahnutie»,   

(cid:206)1 ⌦ in Slovene: ⌫ «valjenje»,  

⌦ in Finnish: ⌫ «haudottavaksi», 

⌦ in Swedish: ⌫ «för kläckning». 

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(cid:207) 

ANNEX II 

Part A 

Repealed Regulation with its successive amendments 

Regulation (EEC) No 2782/75 of the Council 
(OJ L 282, 1.11.1975, p. 100) 

Council Regulation (EEC) No 3485/80 
(OJ L 365, 31.12.1980, p. 1) 

Council Regulation (EEC) No 3791/85 
(OJ L 367, 31.12.1985, p. 6) 

Council Regulation (EEC) No 3494/86 
(OJ L 323, 18.11.1986, p. 1) 

Article 2 only 

Article 2 only 

Commission Regulation (EEC) No 3987/87 
(OJ L 376, 31.12.1987, p. 20) 

Article 3 only 

Commission Regulation (EEC) No 1057/91 
(OJ L 107, 27.4.1991, p. 11) 

Article 1 only 

Commission Regulation (EC) No 2916/95 
(OJ L 305, 19.12.1995, p. 49) 

only as regards the second indent of 
Article 1(2) 

Part B 

Non-repealed successive amending acts 

1994 Act of Accession 

2003 Act of Accession 

_____________ 

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ANNEX III 

CORRELATION TABLE 

Regulation (EEC) No 2782/75 

This Regulation 

Article 1  

Article 2(1) 

Article 2(2) 

Articles 3 and 4 

Article 5(1) 

Article 5(2) initial wording 

Article 5(2) final words 

Article 5(3) 

Article 1  

Article 2, first paragraph 

Article 2, second paragraph 

Articles 3 and 4 

Article 5(1) 

Article 5(2) 

Annex I, Part A 

Article 5(3) 

Article 6, first sentence, initial wording 

Article 6, first sentence 

Article 6, first sentence, final wording 

Annex I, Part B 

Article 6, second sentence 

Article 6, second sentence 

Articles 7 to 18 

Articles 7 to 18 

Article 19 

_ 

Article 20 

_ 

_ 

_ 

Article 19 

Article 20 

Annex II 

Annex III 

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