347. Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management on marketing standards for eggs

On the basis of § § 2 (1), 2a, 9 (5) and 26 (3) of the Quality Class Act, BGBl. No. 161/1967, as last amended by the Federal Law BGBl. I n ° 78/2003, is being prescribed in agreement with the Federal Minister for Health and Women and the Federal Minister for Economic Affairs and Labour:

Scope

§ 1. The provisions of this Regulation shall apply to the implementation of the following acts of the European Communities adopted within the framework of the common organisation of the market in eggs:

1.		Council Regulation (EEC) No 1907/90 on certain marketing standards for eggs, OJ L 327, 31.12.1990, p. No. OJ L 173, 6.7.1990, p. 5;
2.		Commission Regulation (EC) No 2295/2003 laying down detailed rules for the application of Council Regulation (EEC) No 1907/90 laying down certain marketing standards for eggs, OJ L 327, 31.12.2003, p. No. OJ L 340, 24.12.2003, p.16.

Invoices, delivery notes or other transport accompanying documents

§ 2. In invoices, delivery notes or other transport accompanying documents, with the exception of papers of the above-mentioned type of retail trade, the quality and weight classes under which the eggs are delivered, sold or otherwise sold shall be indicated. have been brought.

Advertising

§ 3. In public notices or in communications intended for a wider circle of persons, eggs shall not be advertised without specifying the quality and weight classes, provided that prices are indicated directly on the basis of refer to a weight unit.

Market quotations

§ 4. Exchanges, administrations of public markets or other bodies carrying out official or statutory price quotations or price fixing for eggs shall be obliged to make their quotations or findings the quality of the and weight classes.

Producer Code

§ 5. (1) Class A eggs shall be marked with a producer code in accordance with Article 7 of Regulation (EEC) No 1907/90.

(2) The producer code shall consist of:

1.		the supporting code for the holding system referred to in point 2.1 of the Annex to Directive 2002/4/EC on the registration of laying hens operated in accordance with Council Directive 1999 /74/EC, OJ L 201, 31.7.1999, p. No. OJ L 30, 31.1.2002, p.
2.		the identification number of the producer establishment, which is derived from the code "AT" for Austria and the operating number according to LFBIS law, BGBl. No 448/1980 in the current version.

(3) In accordance with Directive 2002/4/EC, the district administrative authorities shall, for the purposes of the proper labelling of eggs, register producer establishments. In particular, the requirements set out in Annex III to Regulation (EC) No 2295/2003 shall be taken into account.

(4) Producer undertakings shall forward to the competent district administrative authority the information required for registration in accordance with point 1 of the Annex to Directive 2002/4/EC. Registered producers shall be notified of any change in the data collected.

(5) The registration as a producer shall be withdrawn by the competent authority if:

1.		the conditions for authorisation are no longer met; or
2.		registered producers do not communicate any significant changes to the data collected.

(6) The register of producer undertakings shall be in the form of an electronic database and shall be updated without delay in the event of changes to the registered data. For the traceability of eggs, the control bodies shall be guaranteed access to the electronic database. In addition, access to the electronic database shall be granted to the institutions responsible for the enforcement of veterinary and food law, to the extent that this is necessary for the performance of the tasks assigned to the law.

Packing location identification number

§ 6. (1) The identification number to be assigned to a packing centre approved under the conditions set out in Article 3 (2) to (4) of Regulation (EC) No 2295/2003 shall have the initial code set out in Article 4 (2) of that Regulation with 'AT' ' for Austria The first digit to be used as the first digit for the respective federal state as follows:

1.		Burgenland ..................... 1
2.		Carinthia ........................... 2
3.		Lower Austria ............. 3
4.		Upper Austria ............... 4
5.		Salzburg .......................... 5
6.		Steiermark ....................... 6
7.		Tirol ................................ 7
8.		Vorarlberg ....................... 8
9.		Vienna ................................ 9

(2) The further digits of the identification number shall be determined by the district administrative authority in such a way that the individualisation of each approved packing centre is possible. The coordination required for this is the responsibility of the Governor of the State.

(3) Already granted identification numbers, the first two digits of which have been established with "13" for Austria, shall be changed by the Authority in respect of the initial code as referred to in paragraph 1.

(4) The Authority shall withdraw the allocation of the packing point identification number if the conditions for authorisation are no longer fulfilled.

Participation obligations

§ 7. (1) The district administrative authorities shall transmit annually to the coordinating authority in electronic form by way of the Governor of the State

1.		until 1.3. of the following year, an up-to-date list of the average age of laying hens in the establishments referred to in Article 29 (1) of Regulation (EC) No 2295/2003,
2.		by 31.1. of the following year, a list of all registered producer holdings in accordance with Art. 29 (2) lit. (a) Regulation (EC) No 2295/2003 as at 31.12. and
3.		by 31.1. of the following year, a list of approved packing centres in accordance with Art. 29 (2) (lit). b of Regulation (EC) No 2295/2003 as at 31.12 ..

(2) Each year the coordinating authority shall have a list of inspection bodies with the name, address and contact person in accordance with Article 29 (2) of the coordinating authority in electronic form until 31.1 of the following year. e Regulation (EC) No 2295/2003, as at 31.12..

(3) The number of checks carried out in accordance with Regulation (EC) No 2295/2003, and the result of the checks carried out by the coordinating authority, shall be the number of checks carried out in accordance with Regulation (EC) No 2295/2003 by the Governor of the Land each year until 31.1 of the following year. Report form sheet.

(4) However, in the calendar year 2004, the lists required by paragraph 1 (1) (2) and (2) and (2) and (2) shall be transmitted to the coordinating authority by way of derogation up to 31.5. in accordance with paragraph 3.

(5) The supervisory authorities shall immediately notify the coordinating authority of any downgrading of eggs of origin from another Member State.

Criminal provisions

§ 8. (1) An administrative surrender within the meaning of Section 26 (3) of the Quality Class Act is concerned.

1.		Contrary to § 2 in invoices, delivery notes or other transport accompanying documents does not indicate the respective quality and weight class,
2.		, contrary to § 3 for eggs without indication of the relevant quality and weight class,
3.		Contrary to § 4 price quotations or price fixing for eggs, the prescribed quality and weight class is not based on the price.

(2) An administrative surrender within the meaning of paragraph 1 shall also be applied to the person who infringes Regulation (EEC) No 1907/90 by laying eggs

1.		contrary to Article 2 (1)
a)			in connection with Article 6 (1) to (3), not according to the prescribed quality or weight classes, or
b)			in conjunction with Art. 7, Art. 8 (1) sentence 1 and (2), Art. 9, Art. 10 (1) (lit). a to h or 3, Art. 11 para. 1 sentence 1, Art. 12, Art. 13 para. 1 or 2 or Art. 14 not with the required particulars or markings or with an inadmissible indication or marking
		for sale in stock or otherwise placed on the market,
2.		in accordance with Article 5, sorted by quality or weight classes without authorization (authorisation), or using an identification number which has not been granted to him,
3.		contrary to Article 15 from third countries, not according to the prescribed quality or weight categories or not with the required information on the free movement of goods.

(3) An administrative surrender within the meaning of paragraph 1 shall also apply to those who violate Regulation (EC) No 2295/2003, by:

1.		, contrary to Article 6, quality class B eggs to other than the designated undertakings or not to the non-food industry,
2.		as producer, person in charge of a packing centre or collection point, wholesaler, feed manufacturer or supplier, contrary to Articles 25, 26 or Article 27, the required records shall not, or not, be kept in the prescribed manner, or keep records or supporting documents for the minimum length of time required,
3.		as the person responsible for a packing centre eggs contrary to Article 12, without complying with the prescribed treatment method or their packaging with the laying date,
4.		, contrary to Article 17, 18, 19 or 20, does not mark, or does not indicate, packs of eggs in the prescribed manner,
5.		contrary to Article 21 (2), (3) or (4) packs of unpacked eggs shall not be marked in the prescribed manner,
6.		, contrary to Article 22 or 23, does not mark or does not indicate in the prescribed manner packages of eggs graduated in graded eggs.

Final destination

§ 9. With the entry into force of this Regulation, the Regulation on marketing standards for eggs, BGBl. No 579/1995, as amended by the BGBl version. II No 276/2003, except for force.

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