L 343/74 Official Journal of the European Union 22.12.2009 DIRECTIVES COUNCIL DIRECTIVE 2009/158/EC of 30 November 2009 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs (codified version) (Text with EEA relevance) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Commu- nity, and in particular Article 37 thereof, Having regard to the proposal from the Commission, Having regard to the Opinion of the European Parliament (1), Whereas: 1) Council Directive 90/539/EEC of 15 October 1990 on ani- mal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatch- ing eggs () has been substantially amended several times (?). In the interests of clarity and rationality the said Directive should be codified. Poultry, being live animals, and hatching eggs, being ani- mal products, are included in the list of products in Annex I to the Treaty. In order to ensure the rational development of poultry pro- duction, thereby increasing productivity in that sector, cer- tain animal health rules governing intra-Community trade in poultry and hatching eggs should be laid down at Com- munity level. The breeding and rearing of poultry is included in the farming sector. It constitutes a source of income for part of the farming population. In order to encourage intra-Community trade in poultry and hatching eggs, there should be no disparities as regards animal health conditions in the Member States. (1) Opinion of 20 October 2009 (not yet published in the Official Jour- nal). (2) OJ L 303, 31.10.1990, p. 6. (}) See Annex VI, Part A. (6) (10) In order to encourage the harmonious development of intra-Community trade, a Community system should be laid down to govern imports from third countries. The provisions of this Directive should not, in principle, apply to specific trade such as exhibitions, shows and contests. In view of the nature of modern poultry farming, the best way to promote the harmonious development of intra- Community trade in poultry and hatching eggs is to moni- tor production establishments. It should be left to the competent authorities of the Mem- ber States to approve establishments which satisfy the con- ditions laid down in this Directive and to ensure that the conditions are applied. Council Regulation (EC) No 12342007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (4) provides for the mar- keting standards for products of the eggs and poultrymeat sectors. Commission Regulation (EC) No 617/2008 of 27 June 2008 laying down detailed rules for implement- ing Regulation (EC) No 1234/2007 as regards marketing standards for hatching eggs and farmyard poultry chicks (%) lays down detailed rules for implementing that Regulation as regards marketing standards for hatching eggs and farm- yard poultry chicks, and in particular as regards the grant- ing of a distinguishing number to each production establishment and for the marking of hatching eggs. For practical reasons, the same criteria for identifying produc- tion establishments and marking hatching eggs should be adopted for the purposes of this Directive. (4 OJL 299, 16.11.2007, p. 1. (5) O] L 168, 28.6.2008, p. 5.