The Eggs and Chicks (Wales) Regulations 2009

PART 2 Eggs for hatching and chicks

Compliance with Community provisions

4.  A person is guilty of an offence if that person contravenes, or fails to comply with, any provision mentioned in Schedule 2.

Registration of pedigree breeding establishments, breeding establishments and hatcheries

5.—(1) The Welsh Ministers are designated as the competent authority for the purpose of Article 2(1) of Commission Regulation (EC) No. 617/2008 (registration of pedigree breeding establishments, other breeding establishments and hatcheries).

(2) Where an application is made to the Welsh Ministers pursuant to Article 2(1) of Commission Regulation (EC) No. 617/2008, they must notify the applicant of the matters specified in paragraph (3) within 28 days.

(3) The matters are—

(a) the decision of the Welsh Ministers on the application;

(b) the reasons for any refusal to grant the application; and

(c) in the case of any refusal to grant the application, the right of appeal conferred by regulation 18.

(4) Where the Welsh Ministers are not satisfied that an application should be granted, they may (instead of refusing the application) notify the applicant of the reason for this, and—

(a) where the Welsh Ministers are not satisfied with the sufficiency of the data provided in support of the application, they may ask the applicant to provide further data;

(b) where the Welsh Ministers are not satisfied that all of the provisions mentioned in Schedule 2 that are relevant to the type of establishment to be registered will be complied with following the registration of that establishment, they may ask the applicant to take steps to ensure that those provisions will be complied with; and

(c) the Welsh Ministers may give the applicant an opportunity to provide oral or written explanations to them in respect of the application.

(5) Where the Welsh Ministers decide to withdraw a registration of a pedigree breeding establishment, other breeding establishment or hatchery because of the establishment or hatchery’s contravention of, or failure to comply with, any provision mentioned in Schedule 2, they must notify the person carrying on business at the establishment concerned (“the operator”) of the matters specified in paragraph (6) within 28 days.

(6) The matters are—

(a) the decision of the Welsh Ministers to withdraw the registration;

(b) the date on which the withdrawal of the registration is to take effect;

(c) the reasons for the withdrawal; and

(d) the right of appeal conferred by regulation 18.

(7) Where the Welsh Ministers are minded to withdraw a registration of a pedigree breeding establishment, other breeding establishment or hatchery because of the establishment or hatchery’s contravention of, or failure to comply with, any provision mentioned in Schedule 2, they may (instead of withdrawing the registration) notify the operator that they are minded to withdraw the registration, and the reasons for this, and—

(a) where the contravention of, or failure to comply with, any provision mentioned in Schedule 2 is continuing, they may ask the operator to take steps to ensure that that provision is complied with; and

(b) they may give the operator an opportunity to provide oral or written explanations to them in respect of the matter.

(8) Where the Welsh Ministers give a notice to an applicant under paragraph (4), or to an operator under paragraph (7), the Welsh Ministers must specify a deadline in the notice by which any action specified in the notice must be taken.

(9) Any deadline given by the Welsh Ministers under this regulation may be extended on one or more occasions.

(10) Any notice given by the Welsh Ministers under this regulation must be in writing.

(11) For the purposes of calculating the 28-day time limit specified in paragraph (2), the clock is stopped during any period that the Welsh Ministers give to an applicant to take any action specified in a notice under paragraph (4).

Derogation relating to the marking of eggs for hatching

6.  Eggs for hatching may be marked in a different manner from that specified in Article 3(2) of Commission Regulation (EC) No. 617/2008 if the marking of the eggs—

(a) is in black, indelible, clearly visible and at least 10mm2 in area ; and

(b) is carried out prior to insertion into the incubator, either at the producer establishment or at a hatchery.