CELEX: 31972R1349
Language: en
Date: 1972-06-27 00:00:00
Title: 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

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
Whereas these measures include in particular those                for eggs for hatching and for other eggs; whereas, it
which are intended to facilitate the introduction of              is necessary to enable a clear distinction between
short and long term forecasts based on the                        those products by marking eggs for hatching;
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
Whereas an exact knowledge of the number of                       possible, of the provisions which might exist as
incubated eggs, and of the number of chicks hatched,              regards identification in third countries so as to avoid
classified according to species, category and type of             disrupting trade with those countries ;
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 .
 ---pagebreak---                                      Official Journal of the European Communities                                    597
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
secrecy ;
                                                               4. 'Capacity' means the maximum number of eggs
                                                                   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
                          Article 1
                                                               only if the provisions of this Regulation are observed.
                                                               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
    accordance with this Regulation.                                                    Article 3
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
    (b) Parent stock chicks : chicks intended for the          territory specifying the distinguishing number, name
        production of utility chicks ;                         and address of each establishment. Any amendment
                                                               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 .
 ---pagebreak---  598                                  Official Journal of the European Communities
                         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
 The Member State exercising this power shall inform                   actual use.
 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
 marketed or placed in incubation only in the Member             incubated and which are removed from the incubator
 States exercising this power.                                   shall be destroyed or, if they are marketed as
                                                                 industrial eggs within the meaning of Article 1 point
 3 . Eggs for hatching shall be transported in                   2 of Regulation (EEC) No 1619/68, shall bear a
 perfectly clean packs, containing only eggs for                 distinguishing mark to be specified.
 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
 4. In order to comply with the provision in force               the competent agency of the Member State, by
 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
particulars other than those provided for in this                number of chicks intended for actual use.
 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
Eggs for hatching from third ' countries may be                                         Article 10
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,
 ---pagebreak---                                      Official Journal of the European Communities '                               599
                         Article 11                            may bear particulars other than those provided for in
                                                               this Regulation, on condition that they are not likely
1 . The chicks shall be packed by species, type and            to be confused with the latter.
category of poultry.
                                                                                      Article 16
2. The boxes shall contain only chicks from the
same hatchery and shall show at least the
distinguishing number of the hatchery.                         Agencies appointed by each Member State shall
                                                               check that the provisions of this Regulation are
                                                               observed. The list of these agencies shall be
                         Article 12                            communicated to the other Member States and to the
                                                               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
 1 . An accompanying document shall be drawn up                                       Article 18
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;
  (d) the name and address of the consignee.                                          Article 19
 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 .
 ---pagebreak--- 600                     Official Journal of the European Communities
    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