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

Definitions

Article 1

For the purposes of this Regulation: 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 Community or imported from third countries; 2. ‘chicks’ means live farmyard poultry the weight of which does not exceed 185 grammes, either produced in the Community or imported from third countries and falling within subheadings 0105 11 and 0105 19 of the Combined Nomenclature, of the following categories: (a) utility chicks: chicks of one of the following types: (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 parent stock 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.

Registration of establishments

Article 2

1.   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 The distinguishing number may be withdrawn from establishments which do not comply with the provisions of this Regulation. 2.   All applications for registration of one of the establishments referred to in paragraph 1 shall be addressed to the competent authority of the Member State in whose territory the establishment is located. This authority shall allocate to the establishment being registered a distinguishing number comprising one of the codes listed in Annex I, together with an identifying number so allocated that it is possible to determine the activity in which the establishment is engaged. 3.   Member States shall inform the Commission without delay of any changes in the code of distinguishing numbers used to determine the activity in which the establishment is engaged.

Marking of eggs for hatching and their packaging

Article 3

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.   Member States may authorise, by derogation, the marking of eggs for hatching in a different manner from that presented in paragraph 2, provided that it is in black, indelible, clearly visible, and at least 10 mm 2 in area. Such marking shall be carried out prior to insertion into the incubator, either at a producer establishment, or at a hatchery. Member States exercising this power shall inform the other Member States and the Commission thereof and shall communicate to them the provisions made to that end. 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 one of the markings listed in Annex II. 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 and with those provided for in Article 121(d) of Regulation (EC) No 1234/2007 and its implementing Regulations. 6.   Packs or containers of any type in which these eggs are transported shall bear the distinguishing number of the producer establishment. 7.   Only eggs for hatching marked in accordance with this Article may be transported or traded between Member States. 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 words ‘à couver’, ‘broedei’, ‘rugeaeg’, ‘Bruteier’, ‘προς εκκόλαψιν’, ‘para incubar’, ‘hatching’, ‘cova’, ‘para incubação’, ‘haudottavaksi’, ‘för kläckning’, ‘líhnutí’, ‘haue’, ‘inkubācija’, ‘perinimas’, ‘keltetésre’, ‘tifqis’, ‘do wylęgu’, ‘valjenje’, ‘liahnutie’, ‘за люпене’, ‘incubare’. 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.

Marking of packs containing chicks

Article 4

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.

Accompanying documents

Article 5

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.

Records

Article 6

Each hatchery shall record, by species, category (parent, grandparent or utility stock) and type (table use, laying or dual purpose): (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; (b) the date of hatching and the number of hatched chicks intended for actual use; (c) the number of incubated eggs removed from the incubator and the identity of the buyer.

Use of eggs removed from the incubator

Article 7

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 589/2008  ( 4 ) .

Communications

Article 8

1.   Each hatchery shall communicate monthly to the competent agency of the Member State, by species, category and type, the number of eggs for hatching placed in incubation and the number of chicks hatched 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 laid down in Article 195(2) of Regulation (EC) No 1234/2007. 3.   The Member States shall, as soon as the data referred to in paragraphs 1 and 2 is received and analysed, communicate to the Commission a monthly summary based on the data for the previous month. 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. 4.   The standard form for the summary referred to in paragraph 3 is contained in Annex III. This summary shall be forwarded by Member States to the Commission each calendar month not later than four weeks after the end of the month to which the figures refer. 5.   Member States 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.   Member States 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 or at the time of intra-Community trade. 7.   Member States who use the procedure referred to in paragraph 6 shall inform the other Member States and the Commission thereof.

Inspection agencies

Article 9

Agencies appointed by each Member State shall check that the provisions of this Regulation are observed. The list of these agencies shall be 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 amendment to this list shall be communicated to the other Member States and to the Commission not later than one month after the amendment is made.

Penalties

Article 10

Member States shall take all necessary measures to impose penalties for any infringement of the Regulations on the production and marketing of eggs for hatching and of farmyard poultry chicks.

Reporting

Article 11

Before 30 January each year Member States shall send to the Commission statistics on the structure and activity of hatcheries, using the standard form contained in Annex IV.

Repeal

Article 12

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.

Entry into force

Article 13

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.

ANNEX ISupplementary provisions

ANNEX I Codes referred to in Article 2(2) BE for Belgium BG for Bulgaria CZ for the Czech Republic DK for Denmark DE for the Federal Republic of Germany EE for Estonia IE for Ireland EL for Greece ES for Spain FR for France IT for Italy CY for Cyprus LV for Latvia LT for Lithuania LU for Luxembourg HU for Hungary MT for Malta NL for the Netherlands AT for Austria PL for Poland PT for Portugal RO for Romania SI for Slovenia SK for Slovakia FI for Finland SE for Sweden UK for the United Kingdom

ANNEX IISupplementary provisions

ANNEX II Marking referred to in Article 3(4) — in Bulgarian : яйца за люпене — in Spanish : huevos para incubar — in Czech : násadová vejce — in Danish : Rugeæg — in German : Bruteier — in Estonian : Haudemunad — in Greek : αυγά προς εκκόλαψιν — in English : eggs for hatching — in French : œufs à couver — in Italian : uova da cova — in Latvian : inkubējamas olas — in Lithuanian : kiaušiniai perinimui — in Hungarian : Keltetőtojás — in Maltese : bajd tat-tifqis — In Dutch : Broedeieren — in Polish : jaja wylęgowe — in Portuguese : ovos para incubação — in Romanian : ouă puse la incubat — in Slovak : násadové vajcia — In Slovene : valilna jajca — In Finnish : munia haudottavaksi — In Swedish : Kläckägg

ANNEX IIISupplementary provisions

ANNEX III MONTHLY SUMMARY OF PRODUCTION AND MARKETING OF EGGS FOR HATCHING AND FARMYARD POULTRY CHICKS PART I Country: Year: 1 000 units Description January February March April May June July August September October November December A. Eggs for hatching placed in incubation Cocks, hens, chickens Grandparent and parent laying                         Utility laying                         Grandparent and parent meat                         Utility meat                         mixed                         Ducks Utility                           Geese                           Turkeys                           Guinea fowl                           B. How chicks are used Cocks, hens, chickens Grandparent and parent females laying                         Females reared for laying laying                         Grandparent and parent females meat                         Males and females for fattening meat                         mixed                         Ducks Males and females for fattening                           Geese                           Turkeys                           Guinea fowl                           Cocks, hens, chickens Cockerels for sexing                           EXTERNAL TRADE IN FARMYARD POULTRY CHICKS PART II Country: Year: 1 000 units Intra-community trade January February March April May June July August September October November December IMPORTS Cocks, hens, chickens Chicks: grandparent and parent females laying                         Chicks: use laying                         Chicks: grandparent and parent females meat                         Chicks: use meat                         mixed                         Ducks                             Geese                             Turkeys Chicks: use                           Guinea fowl                             EXPORTS Cocks, hens, chickens Chicks: grandparent and parent females laying                         Chicks: use laying                         Chicks: grandparent and parent females meat                         Chicks: use meat                         mixed                         Ducks                             Geese                             Turkeys Chicks: use                           Guinea fowl                             Imports from … and exports to third countries January February March April May June July August September October November December IMPORTS Cocks, hens, chickens Chicks: grandparent and parent females laying                         Chicks: use laying                         Chicks: grandparent and parent females meat                         Chicks: use meat                         mixed                         Ducks                             Geese                             Turkeys Chicks: use                           Guinea fowl                             EXPORTS Cocks, hens, chickens Chicks: grandparent and parent females laying                         Chicks: use laying                         Chicks: grandparent and parent females meat                         Chicks: use meat                         mixed                         Ducks                             Geese                             Turkeys Chicks: use                           Guinea fowl                             To be sent to : 1. Directorate-General for Agriculture, Division for Poultry Products, rue de la Loi 200, B-1049 Brussels. 2. Statistical Office of the European Communities Agricultural Statistics, Luxembourg 1, European Centre, PO Box 1907, Luxembourg.

ANNEX IVSupplementary provisions

ANNEX IV STRUCTURE AND UTILISATION OF HATCHERIES Text of image The table covers only those hatcheries which were operating in the previous year Multiple activity hatcheries are to be included under each type of poultry actually produced Country: Region ( 1 ): … Year: Size category Capacity Cocks, hens, chickens Number Capacity ( 2 ) Use ( 3 ) 1 001 to 10 000 10 001 to 20 000 20 001 to 50 000 50 001 to 100 000 100 001 to 200 000 200 001 to 500 000 500 001 or more laying meat mixed Total Ducks Geese Number Capacity ( 2 ) Use ( 3 ) Number Capacity ( 2 ) Use ( 3 ) 1 001 to 10 000 10 001 to 20 000 20 001 to 50 000 50 001 to 100 000 100 001 to 200 000 200 001 to 500 000 500 001 or more Total Size category Capacity Turkeys Guinea fowl Number Capacity ( 2 ) Use ( 3 ) Number Capacity ( 2 ) Use ( 3 ) 10 01 to 10 000 10 001 to 20 000 20 001 to 50 000 50 001 to 100 000 100 001 to 200 000 200 001 to 500 000 500 001 or more Total Text of image ( 1 ) Belgium:single region Bulgaria: one region only Czech Republic: single region Denmark: single region Germany: Bundesländer Estonia: single region Ireland: single region Greece: one region only Spain: eleven provinces France: programme regions Italy: regioni Cyprus: single region Latvia: one region only Lithuania: single region Luxembourg: single region Hungary: single region Malta: single region Netherlands: single region Austria: one region only Poland: single region Portugal: single region Romania: single region Slovenia: single region Slovakia: single region Finland: single region Sweden: single region United Kingdom: 11 administrative regions ( 2 ) In thousands. ( 3 ) Eggs placed in incubation in the preceding year, in thousands. To be sent to: 1. Directorate-General for Agriculture, Division for Poultry Products, rue de la Loi 200, B-1049 Brussels. 2. Statistical Office of the European Communities Agricultural Statistics, Luxembourg 1, European Centre, PO Box 1907, Luxembourg.

ANNEX VSupplementary provisions

ANNEX V Correlation table Regulation (EEC) No 2782/75 Regulation (EEC) No 1868/77 This 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 subparagraph Article 3(3) — Article 2(2) second subparagraph Article 3(6) — Article 2(2) third subparagraph Article 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 3 Article 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 5 Article 10 — Article 6 Article 11 — Article 7 Article 12, first paragraph — Article 8 Article 13 — Annex I Annex III — Annex II Annex IV