CELEX: 31980R2785
Language: en
Date: 1980-10-30 00:00:00
Title: Commission Regulation (EEC) No 2785/80 of 30 October 1980 introducing detailed rules for implementing Regulation (EEC) No 2967/76 laying down common standards for the water content of frozen and deep-frozen chickens, hens and cocks

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31980R2785

Commission Regulation (EEC) No 2785/80 of 30 October 1980 introducing detailed rules for implementing Regulation (EEC) No 2967/76 laying down common standards for the water content of frozen and deep-frozen chickens, hens and cocks  

Official Journal L 288 , 31/10/1980 P. 0013 - 0015 Greek special edition: Chapter 03 Volume 31 P. 0135  Spanish special edition: Chapter 03 Volume 19 P. 0153  Portuguese special edition Chapter 03 Volume 19 P. 0153 

****( 1 ) OJ NO L 282 , 1 . 11 . 1975 , P . 77 .  ( 2 ) OJ NO L 45 , 21 . 2 . 1976 , P . 3 .  ( 3 ) OJ NO L 339 , 8 . 12 . 1976 , P . 1 .  ( 4 ) OJ NO L 270 , 15 . 10 . 1980 , P . 14 .    COMMISSION REGULATION ( EEC ) NO 2785/80   OF 30 OCTOBER 1980   INTRODUCING DETAILED RULES FOR IMPLEMENTING REGULATION  ( EEC ) NO 2967/76 LAYING DOWN COMMON STANDARDS FOR THE WATER CONTENT OF FROZEN AND DEEP-FROZEN CHICKENS , HENS AND COCKS   THE COMMISSION OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 2777/75 OF 29 OCTOBER 1975 ON THE COMMON ORGANIZATION OF THE MARKET IN POULTRYMEAT ( 1 ), AS AMENDED BY REGULATION ( EEC ) NO 369/76  ( 2 ),   HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 2967/76 OF 23 NOVEMBER 1976 LAYING DOWN COMMON STANDARDS FOR THE WATER CONTENT OF FROZEN AND DEEP-FROZEN CHICKENS , HENS AND COCKS  ( 3 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 2632/80 ( 4 ), AND IN PARTICULAR ARTICLE 7 ( B ) THEREOF ,   WHEREAS AT THIS STAGE THE COMMON STANDARDS FOR THE WATER CONTENT OF FROZEN AND DEEP-FROZEN CHICKENS , HENS AND COCKS SHOULD NOT BE APPLIED TO PRODUCTS EXPORTED FROM THE COMMUNITY ;   //  WHEREAS THE FIRST SUBPARAGRAPH OF ARTICLE 1 ( 1 ) AND ARTICLE 5 OF REGULATION ( EEC ) NO 2967/76 PROVIDE THAT CHICKENS , HENS AND COCKS DEEMED NOT TO COMPLY WITH THAT REGULATION MAY NOT BE MARKETED AS SUCH OR WITHOUT AN APPROPRIATE DESCRIPTION ON THE PACKAGING ; WHEREAS PRACTICAL RULES MUST IN CONSEQUENCE BE DRAWN UP CONCERNING THE LABELLING OF THE INDIVIDUAL AND BULK PACKAGING ACCORDING TO DESTINATION , IN ORDER TO FACILITATE CONTROL AND PREVENT THE GOODS BEING DIVERTED FROM THEIR DESTINATION ;   WHEREAS A SPECIAL MARK SHOULD BE APPLIED TO CHICKENS , HENS AND COCKS TREATED WITH POLYPHOSPHATES AND COVERED BY THE EXEMPTION IN THE SECOND SUBPARAGRAPH OF ARTICLE 1 ( 1 ) OF REGULATION ( EEC ) NO 2967/76 ; WHEREAS , MOREOVER , PROVISIONS SHOULD BE ADOPTED GOVERNING THE DESCRIPTIONS REQUIRED BY REGULATION ( EEC ) NO 2967/76 WITH A VIEW , IN PARTICULAR , TO FACILITATING CONTROL AND ENSURING UNIFORM IMPLEMENTATION OF THAT REGULATION ;   WHEREAS A REASONABLE PERIOD MUST BE LAID DOWN FOR THE TRANSMISSION OF THE STATISTICAL DATA TO THE COMMISSION AS PROVIDED FOR UNDER THE THIRD PARAGRAPH OF ARTICLE 8 OF REGULATION ( EEC ) NO 2967/76 ;   WHEREAS ARTICLE 3 OF REGULATION ( EEC ) NO 2967/76 PROVIDES THAT MEMBER STATES SHALL ADOPT PRACTICAL MEASURES FOR CHECKING THE WATER CONTENT OF FROZEN AND DEEP-FROZEN CHICKENS , HENS AND COCKS ; WHEREAS IN ORDER TO ENSURE UNIFORM APPLICATION OF THAT REGULATION , PROVISION SHOULD BE MADE FOR INFORMING THE COMMISSION AND THE OTHER MEMBER STATES OF THE MEASURES ADOPTED ;   WHEREAS IT IS FOR EACH MEMBER STATE TO LAY DOWN PENALTIES FOR INFRINGEMENTS ;   WHEREAS THE MANAGEMENT COMMITTEE FOR POULTRYMEAT AND EGGS HAS NOT DELIVERED AN OPINION WITHIN THE TIME LIMIT SET BY ITS CHAIRMAN ,   HAS ADOPTED THIS REGULATION :   ARTICLE 1   1 .  THE CHECKS ON THE WATER CONTENT REFERRED TO IN ARTICLE 1 OF REGULATION ( EEC ) NO 2967/76 SHALL BE CARRIED OUT ON FROZEN AND DEEP-FROZEN CHICKENS , HENS AND COCKS MARKETED WITHIN THE COMMUNITY , WITH THE EXCEPTION OF THOSE IN RESPECT OF WHICH PROOF IS PROVIDED , TO THE SATISFACTION OF THE COMPETENT AUTHORITY , THAT THEY ARE INTENDED EXCLUSIVELY FOR EXPORT .   2 .  BEFORE CARRYING OUT CHECKS , THE PERSON DESIGNATED FOR THAT PURPOSE SHALL DETERMINE THE QUANTITY OF POULTRY CARCASES TO BE SUBJECTED TO CONTROL , WHICH FOR THE PURPOSES OF THIS REGULATION SHALL BE REFERRED TO AS A ' BATCH ' . EACH BATCH SHALL CONSIST OF POULTRY OF THE SAME TYPE ( EITHER ALL CHICKENS OR ALL HENS AND/OR COCKS ), SITUATED IN ONE PLACE  ( SUCH AS A SLAUGHTERHOUSE , COLD STORE , PLACE OF SALE OR MEANS OF TRANSPORT ), ORIGINATING FROM THE SAME SLAUGHTERHOUSE AND HAVING THE SAME PRESENTATION ( EITHER ALL MARKETED WITH OFFAL OR ALL MARKETED WITHOUT OFFAL ), A DISTINCTION BEING MADE BETWEEN CARCASES BEARING THE DESCRIPTION ' DRY CHILLED POULTRY '  AND OTHERS .   3 .  DECISIONS TAKEN FOLLOWING CHECKS SHALL APPLY TO THE ENTIRE BATCH INSPECTED .   ARTICLE 2   1 .  AFTER INSPECTION AND , IF NECESSARY , COUNTER-ANALYSIS , BULK PACKAGING CONTAINING POULTRY CARCASES FROM THE BATCH CONSIDERED NOT TO COMPLY WITH REGULATION ( EEC ) NO 2967/76 SHALL BE MARKED , BY THE HOLDER UNDER THE SUPERVISION OF THE COMPETENT AUTHORITY , WITH A TAPE OR LABEL BEARING AT LEAST ONE OF THE FOLLOWING FORMS OF WORDING :   ' WATER CONTENT EXCEEDS EEC LIMIT '   ' VANDINDHOLD OVERSTIGER EOEF-NORM '   ' WASSERGEHALT UEBER DEM EWG-HOCHSTWERT '   ' OYEPIEKTIKOTTETA  OE NEPO ANOYTEPH TOY OPIOY EOK '   ' TENEUR EN EAU SUPERIEURE A LA LIMITE CEE '   ' TENORE D ' ACQUA SUPERIORE AL LIMITE CEE '   ' WATERGEHALTE HOGER DAN HET EEG- MAXIMUM '   2 .  HOWEVER , IF IT IS CERTIFIED TO THE COMPETENT AUTHORITY THAT THE CARCASES REFERRED TO IN PARAGRAPH 1 ARE TO BE EXPORTED , THE FORM OF WORDING PROVIDED FOR IN PARAGRAPH 1 SHALL NOT BE AFFIXED . THE COMPETENT AUTHORITY SHALL TAKE ALL NECESSARY MEASURES TO PREVENT THE BATCH IN QUESTION FROM BEING MARKETED WITHIN THE COMMUNITY .   3 .  IF THE CARCASES REFERRED TO IN PARAGRAPH 1 ARE INTENDED FOR RETAIL SALE , THE INDIVIDUAL PACKAGES SHALL BE MARKED UNDER THE SUPERVISION OF THE COMPETENT AUTHORITY WITH THE FORM OF WORDING PROVIDED FOR IN PARAGRAPH 1 .   4 .  THE CARCASES REFERRED TO IN PARAGRAPH 1 SHALL REMAIN UNDER THE SUPERVISION OF THE COMPETENT AUTHORITY UNTIL THEY ARE DEALT WITH IN ACCORDANCE WITH ARTICLE 5 OF REGULATION  ( EEC ) NO 2967/76 .   ARTICLE 3   FROZEN AND DEEP-FROZEN CHICKENS , HENS AND COCKS COVERED BY THE TRANSITIONAL EXEMPTION PROVIDED FOR IN THE SECOND SUBPARAGRAPH OF ARTICLE 1 ( 1 ) OF REGULATION ( EEC ) NO 2967/76 SHALL BE MARKED WITH AT LEAST ONE OF THE FOLLOWING FORMS OF WORDING ON INDIVIDUAL AND BULK PACKAGING :   ' CONTAINS POLYPHOSPHATE SOLUTION '   ' INDEHOLDER POLYPHOSPHATOPLOESNING '   ' ENTHAELT POLYPHOSPHATLOSUNG '   '   EPIEXEI oeOIAN YMA   ON Y        OPIK  N '   ' CONTIENT UNE SOLUTION DE POLYPHOSPHATE '   ' CONTIENE UNA SOLUZIONE DI POLIFOSFATI '   ' BEVAT EEN OPLOSSING VAN POLYFOSFATEN '   ARTICLE 4   THE FORMS OF WORDING PROVIDED FOR IN THE THIRD SUBPARAGRAPH OF ARTICLE 1 ( 1 ) OF REGULATION ( EEC ) NO 2967/76 AND IN ARTICLES 2 AND 3 OF THIS REGULATION SHALL BE MARKED IN A CONSPICUOUS PLACE IN SUCH A WAY AS TO BE EASILY VISIBLE , CLEARLY LEGIBLE AND INDELIBLE . THEY SHALL NOT IN ANY WAY BE HIDDEN , OBSCURED OR INTERRUPTED BY OTHER WRITTEN OR PICTORIAL MATTER .   SUCH FORMS OF WORDING SHALL BE AFFIXED IN THE LANGUAGE OR LANGUAGES OF THE MEMBER STATE IN WHICH RETAILING OR ANY OTHER USE TAKES PLACE .   LETTERS SHALL BE AT LEAST 3 MM HIGH ON THE INDIVIDUAL PACKAGING AND 8 MM ON BULK PACKAGING .   ARTICLE 5   THE MEMBER STATES SHALL SUBMIT TO THE COMMISSION , NOT LATER THAN 31 JULY 1981 AND THE 31 OCTOBER 1981 A STATISTICAL REPORT ON THE CHECKS CARRIED OUT BY DESIGNATED BODIES OR SERVICES OR UNDER THEIR AUTHORITY DURING THE PRECEDING THREE MONTHS .   ARTICLE 6   MEMBER STATES SHALL TAKE ALL APPROPRIATE MEASURES TO IMPOSE PENALTIES FOR ANY INFRINGEMENT OF REGULATION ( EEC ) NO 2967/76 .   ARTICLE 7   EACH MEMBER STATE SHALL INFORM THE OTHER MEMBER STATES AND THE COMMISSION BEFORE 1 MARCH 1981 OF   -  THE PRACTICAL CONTROL METHODS ADOPTED PURSUANT TO ARTICLE 3 ( 2 ) OF REGULATION ( EEC ) NO 2967/76 , AND   -  THE MEASURES ADOPTED PURSUANT TO ARTICLE 6 .   ANY RELEVANT CHANGES SHALL BE COMMUNICATED IMMEDIATELY TO THE OTHER MEMBER STATES AND TO THE COMMISSION .   ARTICLE 8   THIS REGULATION SHALL APPLY WITH EFFECT FROM 1 APRIL 1981 AS REGARDS ARTICLES 1 TO 6 .   THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .   DONE AT BRUSSELS , 30 OCTOBER 1980 .   FOR THE COMMISSION   FINN GUNDELACH   VICE-PRESIDENT