1990R1907 — EN — 01.01.1995 — 002.001 — 1
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►B COUNCIL REGULATION (EEC)No 1907/90
of 26 June 1990
on certain marketing standards for eggs
(OJ L 173, 6.7.1990, p. 5)
Amended by:
Official Journal
No page date
►M1Council Regulation (EEC) No 2617/93 of 21 September 1993 L 240 1 25.9.1993
►M2Council Regulation (EC) No 3117/94 of 12 December 1994 L 330 4 21.12.1994
Corrected by:
►C1Corrigendum, OJ L 195, 26.7.1990, p. 40 (1907/90)
▼B
COUNCIL REGULATION (EEC)No 1907/90
of 26 June 1990
on certain marketing standards for eggs
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community,
Having regard to Council Regulation (EEC) No 2771/75 of 29 October
1975 on the common organization of the market in eggs(1), as last
amended by Regulation (EEC) No 1235/89(2), and in particular Article
2 (2) thereof,
Having regard to the proposal from the Commission,
Whereas Regulation (EEC) No 2771/75 provides for the setting of
marketing standards which may relate in particular to grading by quality
and weight, packing, warehousing, transport, presentation and marking
of eggs;
Whereas such standards can contribute to an improvement in the quality
of eggs and, consequently, facilitate their sale: whereas it is therefore inthe interest of producers, traders and consumers that marketing standards
should be applied in respect of hen eggs suitable for human
consumption;
Whereas Regulation (EEC) No 2772/75(
3) laid down certain marketing
standards for eggs; whereas those standards need to be reviewed
regularly in order to provide better guarantees and more accurate
information to the ultimate consumer of eggs, in particular in the light ofevolving trade practices;
Whereas experience with the existing standards and consultation of both
trade and consumers' representative organizations have made apparent
the need for further amendments and for certain detailed rules to beadopted in accordance with Article 17 of Regulation (EEC) No 2771/75in order to facilitate future amendments;
Whereas in order to fix such standards a clear distinction must be drawn
between eggs suitable for human consumption and eggs, in particular
broken or incubated eggs, which are not, and which, in principle, are foruse in industries other than the food industry; whereas such rules alsorequire that eggs of other kinds should not be mixed with hen eggs;
Whereas the standards must be applicable to all hen eggs marketed on
the territory of the Community; whereas it nonetheless seems advisableto exclude from the scope of their application certain forms of sale fromproducer to consumer where small quantities are involved; whereas,moreover eggs delivered from the place of production to a packingcentre or to certain wholesale markets and eggs intended for use in the
food industry should be exempted from grading and marking;
Whereas, therefore, a list should be drawn up of suppliers to
undertakings entitled to grade eggs by quality and weight;
Whereas the grading of eggs should be confined solely to undertakings
which are adequately equipped for the purpose;
Whereas the quality requirements for eggs must be easy for consumers
to undertand and must be in keeping with the efforts at rationalization
made at all stages of distribution; whereas, therefore, a limited but
adequate number of quality and weight grades should be laid down;
Whereas the consumer must be able to distinguish between eggs of
different quality and weight grades; whereas this requirement can be metby marking the eggs and packs;1990R1907 — EN — 01.01.1995 — 002.001 — 2
(1) OJ No L 282, 1. 11. 1975, p. 49.
(2) OJ No L 128, 11. 5. 1989, p. 29.
(3) OJ No L 282, 1. 11. 1975, p. 56.
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Whereas it is necessary to determine the indications that may or must be
used on packs; whereas the use of certain optional indications must besubject to detailed rules to be adopted in accordance with the procedure
laid down in Article 17 of Regulation (EEC) No 2771/75;
Whereas the marking of ‘fresh eggs’ can be optional, since the
obligatory marking of other eggs enables them to be easily distin-guished;
Whereas anyone marketing ‘fresh eggs’ should be permitted to stamp
such eggs with other particulars serving publicity purposes;
Whereas it is desirable that operators should be permitted to stamp
certain indications already provided for in the case of small packsdirectly on eggs; whereas the use of these indications should be madesubject to conditions analogous to those provided for in the case ofpacks, as well as to rigorous surveillance; whereas in the case of eggs
intended for loose sales, the grading date should replace the packing
date;
Whereas any other markings might affect trading conditions in the
Community;
Whereas the definitions laid down in previous Community Regulations
relating to the packaging and manner of presentation for sale of eggs
need to be drafted more strictly; whereas it has become essential to
provide the necessary safeguards for the retail sale of eggs withoutspecial packaging;
Whereas experience has demonstrated that the present provisions only
allowing the use of the recommended date for sale in addition to the
obligatory packing date on eggs or their packaging are too inflexible;
whereas provision therefore needs to be made for the possibility of usingcertain other dates under appropriate conditions; whereas presentpractice shows that the indication of the packing period can bedispensed with;
Whereas such common provisions should be adopted for packing as will
ensure that the quality of the eggs is maintained and will facilitate trade
and the supervision of compliance with standards;
Whereas in order to leave a choice open to the consumer and to ensure
that he is offered goods complying with quality and weight standards,retailers must display the appropriate information either on the goodsoffered or beside them;
Whereas it is essential, in the interests of both producer and consumer,
that eggs imported from third countries should comply with Communitystandards;
Whereas special provisions in force in certain third countries may justify
derogations which in such cases allow exportation outside theCommunity; whereas it seems appropriate to exclude from the scope
of Community standards eggs imported from third countries or exported
to third countries in small quantities, by the consumer for his personaluse;
Whereas it is for each Member State to designate the agency or agencies
responsible for supervision; whereas the procedures for such supervision
must be uniform;
Whereas it is also for each Member State to lay down penalties for
infringements;
Whereas the provisions of this Regulation are without prejudice to any
Community provisions which may be adopted in order to harmonize theprovisions of veterinary and foodstuffs legislation aimed at protecting
the health of people and animals and at preventing falsification and
fraud;
Whereas, given the above substantive amendments and the need for a
number of other purely textual amendments to Regulation (EEC) No2772/75, it is advisable for the sake of clarity to re-draft the legislationapplicable in this field;1990R1907 — EN — 01.01.1995 — 002.001 — 3
▼B
Whereas, therefore, Regulation (EEC) No 2772/75 may be repealed,
HAS ADOPTED THIS REGULATION:
Article 1
For the purposes of this Regulation:
1. ‘eggs’ means hen eggs in shell, suitable for direct human
consumption or for use in the food industries, except for broken
eggs, incubated eggs and cooked eggs;
2. ‘industrial eggs’ means hen eggs in shell other than those referred to
in paragraph 1, including broken eggs and incubated eggs but
excluding cooked eggs;
3. ‘eggs for hatching’ means eggs intended for chick production as
specified in the rules concerning eggs for hatching;
4. ‘broken eggs’ means eggs showing breaks of both the shell and the
membranes, resulting in the exposure of their contents;
5. ‘cracked eggs’ means eggs with a ►C1damaged, but unbroken
shell◄, but with intact membranes;
6. ‘incubated eggs’ means eggs from the time of insertion in the
incubator;
7. ‘marketing’ means holding or displaying for sale, offering for sale,
selling, delivery or any other form of marketing;
8. ‘collector’ means any person authorized by the competent
authorities to collect eggs from a producer for delivery:
(a) to a packing centre:
(b) to a market selling exclusively to wholesalers whose under-
takings are approved as packing centres; or
(c) to industry;
9. ‘packing centre’ means an undertaking authorized by the competent
authority to grade eggs by quality and weight;
10. ‘batch’ means the eggs from one and the same packing centre,
situated in one place, in packs or loose, with one and the same►
M2date of minimum durability or packing date ◄as well as the
same quality and weight gradings;
11. ‘large packs’ means packs, open cases or containers, containing
more than 36 eggs;
12. ‘small packs’ means packs or wrappings, but not unwrapped trays,
containing 36 eggs or less;
13. ‘loose sales’ means the offer for retail sales of eggs, other than in
large or small packs.
Article 2
1. Eggs shall not be marketed with the Community by way of
business or trade unless they satisfy the provisions of this Regulation.
2. However, the provisions regarding grading and marking shall not
apply to eggs:
(a) transported directly from the place of production to a packing centre
or to a market selling exclusively either to wholesalers whoseundertakings are approved as packing centres in accordance whoseundertakings are approved as packing centres in accordance with
Article 5, or, for processing, to food industry undertakings approved
in accordance with Council Directive 89/437/EEC of 20 June 1989on hygiene and health problems affecting the production and theplacing on the market of egg products(
1)►M1and to the non-food
industry ◄;1990R1907 — EN — 01.01.1995 — 002.001 — 4
(1) OJ No L 212, 22. 7. 1989, p. 87.
▼B
(b) produced in the Community and delivered for processing to food
industry undertakings approved in accordance with Directive 89/437/EEC ►
M1and to the non-food industry ◄.
3. This Regulation shall not apply to:
— eggs sold directly to the consumer for his own use, by the producer
on his own farm, in a local public market with the exception of
auction markets, or by door-to-door selling,
— eggs, excluding cracked eggs, sold to the local retailer by the
producer in the specific regions of Finland referred to in Annex II,
provided that the eggs come from the producer's own production and are
not packed in accordance with Articles 10, 11 and 12 and that use is not
made of any of the quality and weight gradings laid down in thisRegulation.
4. This Regulation shall not affect any provisions concerning
veterinary and health matters and foodstuffs laid down to ensurecompliance with the hygiene and health standards applicable to theproducts or to protect animal or public health.
Article 3
Eggs as defined in Article 1 (1) may not be mixed with eggs of other
kinds.
Article 4
1. Without prejudice to Article 2, producers may not deliver:
(a) eggs to anyone but collectors, packing centres, markets within the
meaning of Article 2 (2) (a), food industry undertakings approved inaccordance with Directive 89/437/EEC and the non-food industry;
(b) industrial eggs, excluding incubated eggs, to anyone but packing
centres or industry, with the exception of the food industry;
(c) incubated eggs to anyone but rendering plants or industry, with the
exception of the food industry.
2. Eggs broken accidentally in packing centres may only be delivered
to the processing industry, with the exception of the food industry.
Article 5
1. Apart from the cases provided for in Article 8, only packing
centres may grade eggs by quality and weight.
2. Packing centres shall keep an up-to-date record of their suppliers.
3. On the basis of criteria to be determined according to the
procedure provided for in Article 20, the competent authority shall grant
authorizations to grade eggs and shall allot a distinguishing number toany undertaking or producer whose premises and technical equipmentare suitable for grading eggs by quality and weight, at its or his request.Such authorization may be withdrawn whenever the required conditionsare no longer fulfilled.
Article 6
1. Eggs shall be graded by quality as follows:
— class A or ‘fresh eggs’.
— class B or ‘second quality or preserved eggs’.
— class C or ‘down-graded eggs intended for the ►
M1food industry
undertakings approved in accordance with Directive 89/437/
EEC◄’.
2. Class A eggs shall be graded by weight.1990R1907 — EN — 01.01.1995 — 002.001 — 5
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▼B
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▼B
▼B
3. Grading in classes A and B shall be determined taking into account
in particular the criteria set out in Article 20 (2).
Article 7
One or more of the following distinguishing marks may be stamped on
grade A eggs:
(a) the date of minimum durability (‘best-before date’);
(b) one or more further dates aimed at providing the consumer with
additional information;
(c) the quality grading;
(d) the weight grading;
(e) the packing centre number;
(f) the name or business name of the packing centre;
(g) trade name or trade mark;
(h) areference to the type of fa rming;
(i) an indication of the origin of the eggs;(j) acode identifying the producer esta blishment.
The indications provided for in (f) and (g) shall be used only in
accordance with the relevant conditions laid down in Article 10 (1) (a).
The indications provided for in (b), (h) and (i) shall be used only in
accordance with the relevant conditions laid down in Article 10 (3).
Article 8
1. Class B and C eggs, except for cracked eggs, shall bear a
distinguishing mark showing their quality grading. They may also bearone or more of the indications listed in Article 7.
2. Class A or B eggs which no longer have the characteristics fixed
for those grades shall be withdrawn from their class and may be
regarded in B or C according to their characteristics.
In such a case, they shall bear a distinguishing mark in accordance with
paragraph 1. Any marks which may have been used in accordance eitherwith Article 7 or with paragraph 1 of this Article may be retained, exceptfor those concerning weight grading, which shall be altered if
appropriate.
3. However, by way of derogation from paragraph 2, class A and B
eggs which no longer have the characteristics fixed for those grades maybe delivered directly to the ►
M1food industry undertakings approved
in accordance with Directive 89/437/EEC ◄, without the markings
referred to in paragraph 2, provided always that their packs are clearly
marked to show this destination.
Article 9
Eggs shall not bear any marks other than those provided for in this
Regulation.
Article 10
1. Large packs, and small packs even when contained in large packs,
shall bear on the outer surface in clearly visible and legible type:
(a) the name or the business name, and address of the undertaking
which has packed the eggs or had them packed; the name, business
name or the trade mark used by that undertaking, which may be a
trade mark used collectively by a number of undertakings, may beshown if it contains no statement or symbol incompatible with thisRegulation relating to the quality or freshness of the eggs, to the typeof farming used for their production or to the origin of the eggs;1990R1907 — EN — 01.01.1995 — 002.001 — 6
▼M1
▼B
▼M1
▼B
(b) the distinguishing number of the packing centre;
(c) the quality and weight gradings. Class A eggs may be identified
either by the words ‘class A’ or the letter ‘A’ whether alone or incombination with the word ‘fresh’;
(d) the number of eggs packed;
(e) the date of minimum durability (‘best-before date’) followed by
appropriate storage recommendations for grade A eggs, and the
packing date for eggs of other grades;
(f) particulars as to refrigeration or to the method of preservation, in
uncoded form, in respect of refrigerated or preserved eggs.
2. Both large and small packs may, however, carry the following
additional information, on either inner or outer surfaces:
(a) the selling price;
(b) the retail management and/or stock control codes;
(c) one or more further dates aimed at providing the consumer with
additional information;
(d) particulars as to special storage conditions;
(e) statements or symbols designed to promote sales of eggs or other
items, provided that such statements or symbols and the manner inwhich they are made are not likely to mislead the purchaser.
3. Further dates and indications concerning the type of farming and
the origin of the eggs may only be used in accordance with rules to be
laid down under the procedure set out in Article 17 of Regulation (EEC)
No 2771/75. These rules shall cover in particular the terms used inindications of the type of farming and the criteria concerning the originof the eggs.
However, if use of the indications relating to the type of farming or to
the origin of the eggs should prove to be harmful to the fluidity of the
Community market, or if serious difficulties arise regarding control ofthe use of such indications and its effectiveness, the Commission, actingunder the same procedure, may suspend use of the said indications.
Notwithstanding the above, where large packs contain small packs or
eggs marked with any reference to the type of farming or to the origin ofthe eggs, these particulars shall also be shown on the large packs.
Article 11
1. Large packs shall be provided with a band or label, bearing the
particulars referred to in Article 10, which ►
C1cannot be re-used
once◄the pack has been opened and which shall be issued by or under
the supervision of the official agencies referred to in Article 18.However, this band or label shall not be required in the case of largepacks which take the form of open cases or open containers, on
condition that these latter are of a type which does not impede
identification of the particualrs referred to in Article 10 shown on smallpacks contained therein.
2. By way of derogation, in the case of direct delivery from the
packer to the retail trade of eggs intended for loose sales in small
quantities to be defined in accordance with the procedure laid down inArticle 17 of Regulation (EEC) No 2771/75, it shall be permissible forthese eggs not to be packed in large packs.
Article 12
The words ‘extra’ or ‘extra fresh’ may be used on small packs
containing class A eggs provided with a band or label. These words shall1990R1907 — EN — 01.01.1995 — 002.001 — 7
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▼B
▼M1
▼B
▼M2
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be printed on the band or label, which shall be removed and destroyed
not later than the seventh day after packing or the ninth day after laying.
Article 13
1. Eggs displayed for sale or offered for sale in the retail trade shall
be presented separately according to quality and weight grading and,
where applicable, according to whether refrigeration or any method of
preservation has been employed. The quality and weight gradings andthe fact that the eggs have been refrigerated or preserved, where this isthe case, shall be indicated in such a manner as to be clearly andunequivocally visible to the consumer.
2. In the case of loose egg sales, the identification number of the
packing centre which graded the eggs, or in the case of imported eggs
the third country of origin, and the date of minimum durability followed
by the appropriate storage recommendations shall also be indicated.
3. However, eggs of the same quality grading, except for class A eggs
marked ‘extra’ in accordance with Article 12, may be displayed for saleor offered for sale in small packs which may be of different weightgrading provided that the total net weight and the words ‘eggs of
different sizes’ or the various weight gradings are shown.
Article 14
Packs may not bear any indications other than those laid down in this
Regulation.
Article 15
Eggs from third countries may not be imported for free circulation in the
Community unless:
(a) they comply with the provisions of Articles 3, 6 to 9, 12, 13 (2) and
14;
(b) they are put up in packs, including small packs contained in large
packs, bearing clearly and legibly the following information:
(aa) the country of origin;
(bb) the name of the packing undertaking in the third countries;
(cc) the quality and weight grading;
(dd) for large packs, the weight in kilograms of the packed eggs and
their number, and, for small packs, their number;
(ee) the date of packing and the date of minimum durability
followed by appropriate storage recommendations, for grade Aeggs, and the packing date for eggs of other grades;
(ff) the sender's name and address in the case of large packs.
Article 16
1. This Regulation shall also apply to eggs packed and intended for
export outside the Community. Eggs packed and intended for export
which have been dipped shall not, however, be deemed to have been
treated for preservation.
2. By way of derogation from paragraph 1 and in order to comply
with the rules of certain importing countries, eggs packed and intendedfor export may:
(a) be made to comply with requirements exceeding those laid down in
this Regulation as regards quality, marking and labelling, or withadditional requirements;1990R1907 — EN — 01.01.1995 — 002.001 — 8
▼B
▼M1
▼B
▼M1
▼B
▼B
(b) bear on the pack marks or particulars of a different nature, provided
that such marks and particulars are not likely to be mistaken forthose laid down in this Regulation.
3. Eggs packed and intended for export may be graded by other
weight gradings than those adopted in accordance with Article 20. Inthat case the weight grade shall be shown uncoded on the packs.
Article 17
This Regulation shall not apply to eggs imported from third countries or
exported outside the Community in small quantities not exceeding 60
eggs by the consumer for his own use.
Article 18
1. Compliance with this Regulation shall be supervised by agencies
appointed for the purpose in each Member State. A list of such agenciesshall be forwarded to the other Member States and to the Commissionnot later than one month before the entry into force of this Regulation.Any amendment to this list shall be communicated to the other Member
States and the Commission.
2. The products covered by this Regulation shall be checked by
means of random sampling at all stages of marketing as well as duringcarriage. For eggs imported from third countries such random samplingchecks shall also be made at the time of customs clearance.
Article 19
1. Decisions arising from failure to comply with this Regulation may
only be taken for the whole of the batch which has been checked.
2. Where the checked batch is not deemed to comply with this
Regulation, the supervising agency shall prohibit its marketing, orimportation if the batch comes from a third country, unless and untilproof is forthcoming that it has been made to comply with this
Regulation.
3. The agency which made the check shall verify whether the rejected
batch has been or is being made to comply with this Regulation.
Article 20
1. Detailed rules for the implementation of this Regulation shall be
adopted in accordance with the procedure laid down in Article 17 ofRegulation (EEC) No 2771/75, in particular regarding:
— frequency of collection, delivery and handling of eggs,
— quality criteria and weight gradings,— particulars of indications on eggs and their packs
2. For the purpose of the adoption under the procedure referred to in
paragraph 1 of parameters applying to each quality class, particularaccount shall be taken of the following criteria:
— appearance of the shell,
— consistency of the white,— height of the air space,—►
C1appearance and fixation of the yolk ◄,
— freedom from spots and/or foreign bodies,— development of the germ cell.
3. Where necessary, in accordance with the procedure referred to in
paragraph 1 of this Article, rules involving limits and/or obligatoryconstraints for the maintenance of the quality of eggs shall be adoptedtaking into account the differing climatic conditions in the variousregions of the Community.1990R1907 — EN — 01.01.1995 — 002.001 — 9
▼B
Article 21
Member States shall take all appropriate measures to penalize
infringements of this Regulation.
Article 22
1. Member States and the Commission shall communicate to each
other the information necessary for the application of this Regulation.
2. Measures aimed at ensuring uniform application of this Regulation
shall be adopted in accordance with the procedure laid down in Article
17 of Regulation (EEC) No 2771/75.
Article 23
1. Regulation (EEC) No 2772/75 is hereby repealed.2. In all Community instruments in which reference is made to
Articles of Regulation (EEC) No 2772/75, such references shall be readin accordance with the correlation table in the Annex.
3. Member States may continue to apply the marketing standards for
eggs laid down in Regulation (EEC) No 2772/75 instead of thosedetermined in this Regulation until 1 July 1991.
Article 24
This Regulation shall enter into force on 1 October 1990, except for
Article 4 (2), which shall apply on 1 January 1992.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.1990R1907 — EN — 01.01.1995 — 002.001 — 10
▼B
ANNEX
Correlation table
Regulation (EEC) No 2772/75 This Regulation
Articles 7 to 10 deleted
Article 11 Article 7Articles 12 and 13 Article 8
Article 14 deleted
Article 15 Article 9Article 16 deleted
Articles 17 and 18 Articles 10
(Article 17 (1), first subparagraph Article 11)Article 19 Article 12
Article 20 Article 13
Article 21 Articles 14 and 10 (2) and (3)Article 22 deleted
Articles 24 to 32 Articles 16 to 241990R1907 — EN — 01.01.1995 — 002.001 — 11
▼M2
ANNEX II
Regions of Finland referred to in Article 2 (3)
The Provinces of:
— Lappi
— Oulu— Pohjois-Karjala
— Kuopio
— Keski-Suomi— Mikkeli— Kymi— Ahvenanmaa
The communes of Alajärvi, Lehtimäki, Lestijärvi, Perho, Soini, Töysä, Vimpeli
and Ähtäri in the Province of Vaasa.1990R1907 — EN — 01.01.1995 — 002.001 — 12