EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2023) XXX  draft  
 
COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
amending Regulation (EU) No 1308/2013 of the European Parliament and of the 
Council, as regards marketing standards for eggs    
EN 1  EN EXPLANATORY MEMORANDUM  
1. CONTEXT  OF THE  DELEGATED  ACT  
In order to take into account the expectations of consumers and to improve the economic 
conditions for the production and marketing as well as the quality of agricultural products the 
Commission is empowered to adopt delegated acts laying down  marketing st andards by 
sectors or products, at all stages of the marketing, as well as derogations and exemptions from 
such standards in order to adapt to constantly changing market conditions, to evolving 
consumer demands, to developments in relevant international st andards and to avoid creating 
obstacles to product innovation . 
2. CONSULTATIONS  PRIOR  TO THE  ADOPTION  OF THE  ACT  
The Commission consulted experts from the Member States within the Expert Group for 
Agricultural Markets, sector Animal Products, in the meetin g of 25 August  2022, 22 
September  2022 and 20 October  2022. 
The Commission transmitted the draft delegated act to the European Parliament and to the 
Council, when convening the Expert Group meetings.  
The draft delegated regulation was posted in the Europea n Commission portal “Have your 
say” from xx xxx  to xx xxx  2023 to gather the views of citizens and stakeholders. It received 
feedback by x stakeholders. Those requests and suggestions …  
WTO partners were notified.  
3. LEGAL  ELEMENTS  OF THE  DELEGATED  ACT  
This delegated act amends Annex VII, part IV, to address the risk of false marking and 
improve traceability. The marking of eggs will only be allowed at the site of production. 
Exemptions from this rule can only be decided by Member States. In such cases, the marking 
can take p lace at the first packing centre .  
EN 2  EN COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
amending Regulation (EU) No 1308/2013 of the European Parliament and of the 
Council, as re gards marketing standards for eggs  
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on the Functioning of the European Union,  
Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the 
Council of 17 December 2013 establishing a  common organisation of the markets in 
agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, 
(EC) No 1037/2001 and (EC) No 1234/20071, and in particular Article 78(3 ) thereof , 
Whereas:  
(1) In its communication of 20 May 2020  entitled ‘A Farm to Fork Strategy for a fair, 
healthy and environmentally -friendly food system’2, the Commission has announced, 
among others, that it will revise marketing standards to provide for the uptake and 
supply of sustainable agricultural products  and to reinforce the role of sustainability 
criteria taking into account the possible impact of these standards on food loss and 
waste . 
(2) Part VI of Annex VII to Regulation (EU) No 1308/2013 sets out definitions, 
designations and sales description for eggs of hens of the Gallus gallus  species.  
(3) Regulation (EU) No 1308/2013 allows for marking eggs at the production site or at the 
first packing centre to which eggs are delivered. This implies a certain risk of false 
marking, unintended or intended, as eggs from  different farms and production systems 
can get mixed and mislabelled. Moreover, in the case of food safety incidents this 
could lead to problems of traceability. In the light of increasing consumer demand, 
traceability rules should be strengthened. Techni cal progress made a wide range of 
marking technology available at farm level.  
(4) Marking eggs should therefore take place only at the production site. However, 
account should be taken to the fact that several Member States already developed 
efficient marking  systems at the level of packing centres. Therefore, Member States 
should be allowed to exempt eggs from marking at the production side it is carried out 
in the first packing centre to which eggs are delivered, as long as this exemption is 
proportionate, n on-discriminatory and does not undermine the objective of traceability 
of the eggs  
(5) In order to give Member States sufficient time to adjust national legislation this 
Regulation should start to apply only 12 months after its publication.   
(6) Regulation (EU) No  1308/2013 should therefore be amended accordingly , 
                                                 
1 OJ L 347, 20.12.2013, p. 671 . 
2 COM/2020/381 final.   
EN 3  EN HAS ADOPTED THIS REGULATION:  
Article 1  
Point III of Part VI of Annex VII to Regulation (EU) No 1308/2013 is amended as follows:  
(1) point 2 is replaced by the following:  
‘2. The marking of eggs in accordance with point 1 shall take place at the production 
site.’ ; 
(2) the following point 2a is inserted:  
‘2a. Member States may , based on objective criteria,  exempt eggs from the 
requirement laid down in paragraph 2 when the marking is carried out in the first 
packing centre to which eggs are delivered .’. 
Article 2  
This Regulation shall enter into force on the twentieth  day following that of its publication in 
the Official Journal of the European Union . 
This Regulation shall apply from [ 12 month s after publication ]. 
This Regulation shall be binding in its entirety and directly applicable in all Member States.  
Done at Brussels,  
 For the Commission  
 The President  
 Ursula VON DER LEYEN