31980R2785

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( 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