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20.7.2012 Official
Journal
of
the
European
Union L
192/1
II
(Non-legislative acts)
REGULATIONS
COMMISSION IMPLEMENTING REGULATION (EU) No 660/2012
of 19 July 2012
on certain market support measures in the sector of poultrymeat in Italy
THE EUROPEAN COMMISSION,
The Commission did not adopt a similar Regulation
pursuant to Article 14 of Regulation (EEC) No
2777/75 of the Council of 29 October 1975 on the
Having regard to the Treaty on the Functioning of the European
common organisation of the market in poultrymeat ( 5 )
Union,
to provide for comparable exceptional market support
measures in respect of day old chicks.
Having regard to Council Regulation (EC) No 1234/2007 of
22 October 2007 establishing a common organisation of agri
(4) On
19
April
2007
Italy
instituted
proceedings
before
the
cultural products (single CMO Regulation) ( 1 ), and in particular
Court of First Instance of the European Communities ( 6 )
Article 44 in conjunction with Article 4 thereof,
seeking the annulment of the decision as set out in a
letter of 7 February 2007 of the Director General of the
Directorate-General for Agriculture of the Commission,
Whereas:
by which the request of the Italian authorities to adopt
exceptional measures to support the Italian market in
poultrymeat within the meaning of Article 14 of Regu
lation (EEC) No 2777/75 was rejected, so far as concerns
(1)
Because of an outbreak of avian influenza in certain
production regions in Italy between December 1999
the chicks destroyed in areas affected by avian influenza
and April 2000, between August and October 2000
and subject to veterinary measures restricting circulation
and between October 2002 and September 2003,
in the period from December 1999 to September 2003
veterinary and trade restrictions were adopted by the
inclusive. ( 7 )
Italian authorities under, in particular, Council Directive
92/40/EEC of 19 May 1992 introducing Community
measures for the control of avian influenza ( 2 ). As a
result, the transport and marketing of hatching eggs
(5) On
17
January
2012,
the
General
Court
(Seventh
and day old chicks were temporarily restricted within
Chamber) in its judgment in case T-135/2007
( 8 )
Italy or within the areas directly affected by the outbreak.
annulled the decision of 7 February 2007 rejecting the
request of the Italian authorities to adopt exceptional
measures to support the Italian market in poultrymeat
within the meaning of Article 14 of Regulation (EEC) No
(2) The
restrictions
on
the
free
movement
of
hatching
eggs
2777/75. The Commission did not appeal against the
and day old chicks resulting from the application of the
judgment of the General Court.
veterinary measures threatened severe disruption of the
market in hatching eggs and day old chicks in Italy.
(6) In
accordance
with
Article
266
of
the
Treaty,
an
insti
(3) On
9
December
2004
the
Commission
adopted
Regu
tution whose act has been declared void is required to
lation (EC) No 2102/2004 of 9 December 2004 on
take the necessary measures to comply with the
certain exceptional market support measures for eggs
judgment of the Court of Justice of the European
in Italy ( 3 ) pursuant to Article 14 of Regulation (EEC)
Union. In accordance with Article 254 of the Treaty,
No 2771/75 of the Council of 29 October 1975 on
that Article also applies to judgments of the General
the common organisation of the market of eggs ( 4 ).
Court.
( 1 ) OJ L 299, 16.11.2007, p. 1.
( 5 ) OJ L 282, 1.11.1975, p. 77. Regulation repealed and replaced by
( 2 ) OJ L 167, 22.6.1992, p. 1.
Regulation (EC) No 1234/2007 as from 1 July 2008.
( 3 ) OJ L 365, 10.12.2004, p. 10.
( 6 ) General Court of the European Union, from 1 December 2009.
( 4 ) OJ L 282, 1.11.1975, p. 49. Regulation repealed and replaced by
( 7 ) OJ C 140, 23.6.2007, p. 38 (Case T-135/07 – Italy v. Commission).
Regulation (EC) No 1234/2007 as from 1 July 2008.
( 8 ) OJ C 58, 25.2.2012 p. 7.

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L 192/2
EN
Official Journal of the European Union
20.7.2012
(7) It
follows
from
the
judgment
of
the
General
Court
that under, in particular, Directive 92/40/EEC, shall be regarded as
the Commission should have adopted a Regulation under
an exceptional market support measure falling within Article 44
Article 14 of Regulation (EEC) No 2777/75 to adopt
of Regulation (EC) No 1234/2007.
exceptional measures to support the Italian market in
poultrymeat so far as concerns the chicks slaughtered
2. The
Union
shall
provide
part-financing
equivalent
to
50
%
and disposed off in areas affected by avian influenza
of the expenditure borne by Italy in respect of the measure
and subject to veterinary measures restricting circulation
referred to in paragraph 1. The amount of Union part-
and prohibiting the placing of day old chicks, in the
financing shall be as follows:
period from December 1999 to September 2003
inclusive. Given that Regulation (EEC) No 2777/75 is
— EUR 0,1344 per males and females for industrial production
no longer in force, in order to comply with the
(different weight gain) day old chicks of Gallus domesticus
judgment of the General Court the Commission should
falling within CN code 0105 11 19 shall be granted for a
adopt a Regulation under Article 44 of Regulation (EC)
maximum total number of 3 647 277 day old chicks,
No 1234/2007.
— EUR 0,1548 per mixed (both males and females for rural
(8) In
accordance
with
Article
46
of
Regulation
(EC)
No
production) day old chick of Gallus domesticus falling within
1234/2007, for exceptional measures referred to in
CN code 0105 11 19 shall be granted for a maximum total
Article 44 thereof, the Union shall provide part-
number of 3 768 800 day old chicks,
financing equivalent to 50 % of the expenditure borne
by the Member State.
— EUR 0,5064 per mixed (both males and females) day old
chicks of Meleagridis gallopavo falling within CN code
0105 12 shall be granted for a maximum total number of
(9) The
measures
provided
for
in
this
Regulation
are
in
680 730 day old chicks,
accordance with the opinion of the Management
Committee for the Common Organisation of Agricultural
— EUR 0,744 per sexed male day old chicks of Meleagridis
Markets,
gallopavo falling within CN code 0105 12 shall be granted
for a maximum total number of 193 140 day old chicks,
HAS ADOPTED THIS REGULATION:
— EUR 0,2688 per sexed female day old chicks of Meleagridis
gallopavo falling within CN code 0105 12 shall be granted
Article 1
for a maximum total number of 535 960 day old chicks.
1. The
slaughter
and
disposal
of
chicks
falling
within
the
CN
Article 2
codes 0105 11 19 and 0105 12, between 17 December 1999
and 14 April 2000, between 14 August and 16 October 2000
This Regulation shall enter into force on the seventh day
and between 11 October 2002 and 30 September 2003 in Italy
following that of its publication in the Official Journal of the
following the application of the national veterinary measures
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 July 2012.
For the Commission
The President
José Manuel BARROSO

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