http://www.legislation.gov.uk/id/eur/2008/617

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)1, and in particular Article 121(f) in conjunction with Article 4 thereof,

Whereas:

(1)

As of 1 July 2008, Council Regulation (EEC) No 2782/75 of 29 October 1975 on the production and marketing of eggs for hatching and of farmyard poultry chicks2 is repealed by Regulation (EC) No 1234/2007.

(2)

Certain provisions and obligations laid down in Regulation (EEC) No 2782/75 have not been incorporated in Regulation (EC) No 1234/2007.

(3)

Certain appropriate provisions and obligations should therefore be adopted within the framework of a Regulation laying down detailed rules for implementing Regulation (EC) No 1234/2007 in order to ensure the continuity and smooth running of the common organisation of the market, and in particular marketing standards.

(4)

Regulation (EC) No 1234/2007 lays down the basic requirements which eggs for hatching and farmyard poultry chicks must satisfy to be marketed in the Community. For the sake of clarity, new detailed rules for the implementation of those requirements should be laid down. Commission Regulation (EEC) No 1868/773, which lays down detailed rules for the application of Regulation (EEC) No 2782/75, should therefore be repealed and replaced by a new Regulation.

(5)

Regulation (EC) No 1234/2007 laid down certain rules for the production and marketing of eggs for hatching and of farmyard poultry chicks. The implementation of these rules requires rules of application aimed, inter alia, at preventing the marketing of eggs removed from the incubator unless they have a special distinguishing mark, at specifying the markings to be made on eggs and the packaging of eggs for hatching and chicks, and providing for communication of the necessary information.

(6)

Each establishment should be given a distinguishing registration number based on a code drawn up in each Member State so that it is possible to determine the activity in which the establishment is engaged.

(7)

The collection system for data concerning intra-Community trade in and production of chicks and eggs for hatching should be adequately maintained in order to establish short-term production estimates. It is for each Member State to lay down the penalties for infringements of these provisions.

(8)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,

HAS ADOPTED THIS REGULATION:

Article 1Definitions

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 F1United Kingdom or imported from third countries;
2.
‘chicks’ means live farmyard poultry the weight of which does not exceed 185 grammes, either produced in the F2United Kingdom or imported from third countries and falling within subheadings 0105 11 and 0105 19 of the Combined Nomenclature, of the following categories:
1. (a)
  utility chicks: chicks of one of the following types:
  1. (i)
    table type chicks: chicks intended to be fattened and slaughtered before reaching sexual maturity;
  2. (ii)
    laying chicks: chicks intended to be raised with a view to the production of eggs for consumption;
  3. (iii)
    dual-purpose chicks: chicks intended either for laying or for the table;
2. (b)
  parent stock chicks: chicks intended for the production of utility chicks;
3. (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:
1. (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;
2. (b)
  breeding establishment: an establishment for the production of eggs for hatching intended for the production of utility chicks;
3. (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.
5.
F3‘relevant authority’ means:
1. (a)
  in relation to England, the Secretary of State,
2. (c)
  in relation to Scotland, the Scottish Ministers,
3. (d)
  in relation to Wales, the Welsh Ministers;
6.
‘third country’ means any country or territory other than—
1. (a)
  the United Kingdom,
2. (b)
  the Bailiwick of Guernsey,
3. (c)
  the Bailiwick of Jersey, or
4. (d)
  the Isle of Man.

Article 2Registration of establishments

1.

Every establishment shall be registered, at its request, by the competent F4authority appointed by the F5relevant authority 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 F6.... F7The competent authority shall allocate to the establishment being registered a distinguishing number comprising F8the country code ‘UK’, together with an identifying number so allocated that it is possible to determine the activity in which the establishment is engaged.

F93.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 3Marking of eggs for hatching and their packaging

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.

F10In accordance with the legislation applying in the constituent nation, eggs for hatching may be marked in a different manner from that presented in paragraph 2, provided that it is in black ink, indelible, clearly visible and at least 10mm2 in area. Such marking shall be carried out prior to insertion into the incubator, either at a producer establishment, or at a hatchery. F11...

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 F12the marking ‘eggs for hatching’.

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 ~~F13and with those provided for in~~ ~~F14Articles~~ ~~F1575(3),~~ ~~78(1) and 89 of Regulation (EU) No 1308/2013~~ ~~and its implementing Regulations.~~ F13, those provided for in Articles 78(1) and 89 of Regulation (EU) 1308/2013, its implementing regulations and regulations made under section 9 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020.

6.

Packs or containers of any type in which these eggs are transported shall bear the distinguishing number of the producer establishment.

F167.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 F17word ‘hatching’, either in English or in the language of the country of origin. 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.

F18(10.

In paragraph 3, ‘constituent nation’ means England, Wales or Scotland, as the case may be.

Article 4Marking of packs containing chicks

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.

Article 5Accompanying documents

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.

Article 6Records

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.

Article 7Use of eggs removed from the incubator

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 589/20084.

Article 8Communications

1.

Each hatchery shall communicate monthly to the competent F19authority, by species, category and type, the number of eggs for hatching placed in incubation and the number of chicks hatched intended for actual use.

F202.

The relevant authority may request statistical data on flocks of grandparent stock and parent stock birds from establishments other than those referred to in paragraph 1, as required.

F213.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F224.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.

F23The competent authority 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.

F24The relevant authority 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 F25....

F267.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F27Article 9Inspection agencies

Agencies appointed by each F28relevant authority shall check that the provisions of this Regulation are observed.

F29Article 10Penalties

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F29Article 11Reporting

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F29Article 11a Implementation of the notification obligation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 12Repeal

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.

Article 13Entry into force

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.

F30...

F31ANNEX I

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32ANNEX II Marking referred to in Article 3(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ANNEX III

F27MONTHLY SUMMARY OF PRODUCTION AND MARKETING OF EGGS FOR HATCHING AND FARMYARD POULTRY CHICKS6

PART I

Country:

Year:

1 000 units

Description
A. Eggs for hatching placed in incubation	Cocks, hens, chickens	Grandparent and parent	laying
		Utility	laying
		Grandparent and parent	meat
		Utility	meat
		Utility	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
		Males and females for fattening	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

F33...
F33. . .	F33. . .	F33. . .	F33. . .
		F33. . .	F33. . .
		F33. . .	F33. . .
		F33. . .	F33. . .
		F33. . .	F33. . .
	F33. . .
	F33. . .
	F33. . .	F33. . .
	F33. . .
F33. . .	F33. . .	F33. . .	F33. . .
		F33. . .	F33. . .
		F33. . .	F33. . .
		F33. . .	F33. . .
		F33. . .	F33. . .
	F33. . .
	F33. . .
	F33. . .	F33. . .
	F33. . .

Imports from … and exports to third countries
IMPORTS	Cocks, hens, chickens	Chicks: grandparent and parent females	laying
		Chicks: use	laying
		Chicks: grandparent and parent females	meat
		Chicks: use	meat
		Chicks: use	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
		Chicks: use	mixed
	Ducks
	Geese
	Turkeys	Chicks: use
	Guinea fowl

ANNEX IVF27STRUCTURE AND UTILISATION OF HATCHERIES F34...F35

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

Article 1Definitions

Article 2Registration of establishments

1.

2.

F93.

Article 3Marking of eggs for hatching and their packaging

1.

2.

3.

4.

5.

6.

F167.

8.

(a)

(b)

(c)

F18(10.

Article 4Marking of packs containing chicks

1.

2.

3.

(a)

(b)

(c)

Article 5Accompanying documents

1.

(a)

(b)

(c)

(d)

2.

Article 6Records

Article 7Use of eggs removed from the incubator

Article 8Communications

1.

F202.

F213.

F224.

5.

6.

F267.

F27Article 9Inspection agencies

F29Article 10Penalties

F29Article 11Reporting

F29Article 11a Implementation of the notification obligation

Article 12Repeal

Article 13Entry into force

F31ANNEX I

F32ANNEX II Marking referred to in Article 3(4)

ANNEX III

F27MONTHLY SUMMARY OF PRODUCTION AND MARKETING OF EGGS FOR HATCHING AND FARMYARD POULTRY CHICKS6

PART I

A.

B.

EXTERNAL TRADE IN FARMYARD POULTRY CHICKS

PART II

ANNEX IVF27STRUCTURE AND UTILISATION OF HATCHERIES F34...F35

ANNEX V