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"BREGULATION (EEC) No 2771/75 OF THE COUNCIL
of 29 October 1975
on the common organization of the market in eggs
(OJ L 282, 1.11.1975, p. 49)
Amended by:
Official Journal
No page date
"M1 Council Regulation (EEC) No 368/76 of 16 February 1976 L 45 2 21.2.1976
"M2 Council Regulation (EEC) No 3643/81 of 15 December 1981 L 364 1 19.12.1981
"M3 Council Regulation (EEC) No 3768/85 of 20 December 1985 L 362 8 31.12.1985
"M4 Council Regulation (EEC) No 1475/86 of 13 May 1986 L 133 39 21.5.1986
"M5 Commission Regulation (EEC) No 4000/87 of 23 December 1987 L 377 42 31.12.1987
"M6 Council Regulation (EEC) No 3207/88 of 17 October 1988 L 286 2 20.10.1988
"M7 Council Regulation (EEC) No 1235/89 of 3 May 1989 L 128 29 11.5.1989
Amended by:
"A1 Act of Accession of Greece L 291 17 19.11.19791975R2771 — EN — 01.07.1989 — 007.001 — 1
REGULATION (EEC) No 2771/75 OF THE COUNCIL
of 29 October 1975
on the common organization of the market in eggs
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Economic
Community, and in particular Articles 42 and 43 thereof;
Having regard to the proposal from the Commission;Having regard to the Opinion of the European Parliament (
1);
Whereas since their adoption the basic provisions concerning the
organization of the market in eggs have been amended a number of
times; whereas, by reason of their number, their complexity and their
dispersal among various Official Journals, the relevant texts are difficult
to use and thus lack the clarity which should be an essential feature of all
legislation; whereas they should therefore be consolidated in a single
text;
Whereas the operation and development of the common market in
agricultural products must be accompanied by the establishment of a
common agricultural policy to include in particular a common
organization of agricultural markets, which may take various forms
depending on the product;
Whereas the aim of the common agricultural policy is to attain the
objectives set out in Article 39 of the Treaty; whereas, in the eggs sector,
in order to stabilize markets and to ensure a fair standard of living for the
agricultural community concerned, provision should be made for
measures to facilitate the adjustment of supply to market requirements;
Whereas the creation of a single market for eggs involves the
introduction of a single trading system at the external frontiers of the
Community, this system to include levies and export refunds;
Whereas to achieve this aim it should as a general rule be sufficient to
introduce, in respect of imports from third countries, levies which take
account of the incidence on feeding costs of the difference between
prices for feed grain within the Community and on the world market, and
of the need to protect the Community processing industry;
Whereas it is necessary to avoid disturbances on the Community market
caused by offers made on the world market at abnormally low prices;
whereas to this end sluice-gate prices should be fixed and levies should
be increased by an additional amount when free-at-frontier offer prices
are lower than those prices;
Whereas provision for a refund on exports to third countries equal to the
difference between prices within the Community and on the world
market would serve to safeguard Community participation in inter-
national trade in eggs; whereas in order to give Community exporters a
certain amount of security as regards the stability of refunds, provision
should be made to enable the refunds on eggs to be fixed in advance;
Whereas, in addition to the system described above, provision should be
made for prohibiting, in whole or in part, when the situation on the
market so requires the use of inward processing arrangements;
Whereas the levy system makes it possible to dispense with all other
protective measures at the external frontiers of the Community; whereas,
however, the levy machinery may in exceptional circumstances prove
defective; whereas in such cases, so as not to leave the Community
market without defence against disturbances which may arise therefrom
after the import barriers which existed previously have been removed, the
Community should be enabled to take all necessary measures without
delay;!B
(1) OJ No C 60, 13. 3. 1975, p. 41.1975R2771 — EN — 01.07.1989 — 007.001 — 2
Whereas restrictions on free circulation resulting from the application of
measures intended to prevent the spread of animal disease may cause
difficulties on the market of one or more Member States; whereas it is
necessary to make provision for the adoption of exceptional measures of
market support to remedy such a situation;
Whereas, in order to facilitate implementation of the proposed measures,
a procedure should be provided for establishing close cooperation
between the Member States and the Commission within a Management
Committee;
Whereas the establishment of a single market would be jeopardized by
the granting of certain aids; whereas, therefore, the provisions of the
Treaty which allow the assessment of aids granted by Member States and
the prohibition of those which are incompatible with the common market
should be made to apply to eggs;
Whereas the common organization of the market in eggs must take
account in appropriate manner and at the same time of the objectives set
out in Articles 39 and 110 of the Treaty;
Whereas the expenditure incurred by the Member States as a result of the
obligations arising out of the application of this Regulation fall on the
Community in accordance with the provisions of Articles 2 and 3 of
Council Regulation (EEC) No 729/70 (1) of 21 April 1970 on the
financing of the common agricultural policy, as amended by Regulation
(EEC) No 1566/72 (2),
HAS ADOPTED THIS REGULATION:
Article 1
1. The common organization of the market in eggs shall cover the
following products:
CN code Description
(a) 0407 00 11 Poultry eggs in shell, fresh, preserved or cooked
0407 00 190407 00 30
(b) 0408 11 10 Eggs not in shell and egg yolks suitable for human
consumption, fresh, dried, cooked by steaming or by
boiling in water, moulded, frozen or otherwise preserved,
whether or not containing added sugar or othersweetening matter0408 19 11
0408 19 190408 91 100408 99 10
2. For the purposes of this Regulation:
(a) ‘eggs in shell’ means poultry eggs in shell, fresh, preserved, or
cooked, other than eggs for hatching specified in (b);
(b) ‘eggs for hatching’ means poultry eggs for hatching;(c) ‘whole products’ means birds’ eggs not in shell, whether or not
containing added sugar or other sweetening matter suitable for
human consumption;
(d) ‘separated products’ means birds’ egg yolks, whether or not
containing added sugar or other sweetened matter suitable for
human consumption.!B
(1) OJ No L 94, 28. 4. 1970, p. 13.
(2) OJ No L 167, 25. 7. 1972, p. 5.!M6
!M71975R2771 — EN — 01.07.1989 — 007.001 — 3
Article 2
1. In order to encourage action by trade and joint trade organizations to
facilitate the adjustment of supply to market requirements, with the
exception of action relating to withdrawal from the market, the following
Community measures may be taken in respect of the products specified
in Article 1 (1):
— measures to promote better organization of production, processing
and marketing,
— measures to improve quality,
— measures to permit the establishment of short- and long-term
forecasts on the basis of the means of production used,
— measures to facilitate the recording of market price trends.General rules concerning these measures shall be adopted in accordance
with the procedure laid down in Article 43 (2) of the Treaty.
2. For one or more of the products specified in Article 1 (1), marketing
standards shall be adopted. These standards may relate in particular to
grading by quality and weight, packaging, storage, transport, presenta-
tion and marketing.
Standards, their scope and the general rules for their application shall be
adopted by the Council, acting by a qualified majority on a proposal
from the Commission.
Article 3
A levy, fixed in advance for each quarter in accordance with the
procedure laid down in Article 17, shall be charged on imports into the
Community of the products specified in Article 1 (1).
Article 4
1. The levy on eggs in shell shall be composed of:
(a) one component equal to the difference between prices within the
Community and on the world market for the quantity of feed grain
required for the production in the Community of one kilogram of
eggs in shell.
The prices for feed grain within the Community shall be determined
once a year for a period of 12 months beginning on 1 July, on the
basis of the threshold prices for such grain and the monthly increase
thereof. They shall be used for fixing the levy from 1 July of each
year.
The prices for feed grain on the world market shall be determined
quarterly on the basis of prices for such grain recorded for the
five-month period ending one month before the beginning of the
quarter for which the said component is calculated.
However, when the levy applicable from 1 October, 1 January and 1
April is being fixed, trends in world market prices for feed grain
shall be taken into account only if at the same time a new sluice-gate
price is being fixed;
(b) one component equal to 7 % of the average of the sluice-gate prices
ruling for the four quarters preceding 1 April of each year.
This component shall be calculated once a year for a period of 12
months beginning 1 July.
2. The levy on eggs for hatching shall be calculated in the same way as
the levy on eggs in shell. However, the quantity of feed grain to be used
shall be that required for the production in the Community of one egg for
hatching; the sluice-gate price shall be that applicable to eggs for
hatching.!B
!M7
!B1975R2771 — EN — 01.07.1989 — 007.001 — 4
3. The Council, acting by a qualified majority on a proposal from the
Commission, shall:
— determine the quantity of feed grain required for the production of
one kilogramme of eggs in shell and the quantity of feed grain
required for the production of one egg for hatching, and the
percentages of the various feed grains included in these quantities,
— adopt rules for the application of this Article.
Article 5
1. As regards the products specified in Article 1 (1) (b), the levy shall
be derived from the levy on eggs in shell as follows:
— in respect of whole products, on the basis of the quantity of eggs in
shell used in the manufacture of one kilogramme of such products,
— in respect of separated products, on the basis of the quantity of eggs
in shell used in the manufacture of one kilogramme of such products
and of the average ratio between the market values of the egg
constituents.
2. The coefficients expressing the quantities and relationship men-
tioned in paragraph 1 shall be fixed using the procedure specified in
Article 17.
Article 6
When a substantial price rise is recorded on the Community market and
this situation is likely to continue, thereby disturbing or threatening to
disturb the market, the necessary measures may be taken.
The Council, acting by a qualified majority on a proposal from the
Commission, shall adopt general rules for the application of this Article.
Article 7
1. Sluice-gate prices shall be fixed in advance for each quarter in
accordance with the procedure laid down in Article 17.
2. The sluice-gate price for eggs in shell shall be composed of:
(a) an amount equal to the price on the world market for the quantity of
feed grain required for the production in third countries of one
kilogramme of eggs in shell;
(b) a standard amount representing other feeding costs and overhead
costs of production and marketing.
The price for the quantity of feed grain shall be determined quarterly on
the basis of the world market prices for such grain recorded for the five
months ending one month before the quarter in respect of which the
sluice-gate price is fixed.
However, when the sluice-gate price applicable from 1 October, 1
January and 1 April is being fixed, trends in world market prices for feed
grain shall be taken into account only if the price of the quantity of feed
grain shows a minimum variation from that used in calculating the
sluice-gate price for the preceding quarter.
3. The sluice-gate price for eggs for hatching shall be calculated in the
same way as the sluice-gate price for eggs in shell; however, the price for
the quantity of feed grain on the world market shall be the price for the
quantity required for the production in third countries of one egg for
hatching and the standard amount shall be the amount representing other
feeding costs and overhead costs of production and marketing in respect
of one egg for hatching.!B
!M7
!B
!M1
!M7
!B1975R2771 — EN — 01.07.1989 — 007.001 — 5
4. As regards the products specified in Article 1 (1) (b), the sluice-gate
prices shall be derived from the sluice-gate price for eggs in shell,
account being taken of the depreciation in value of the basic material, of
the coefficients fixed for such products under Article 5 (2) and of a
standard amount representing overhead costs of production and market-
ing fixed in accordance with the procedure laid down in Article 17.
5. The Council, acting by a qualified majority on a proposal from the
Commission, shall adopt rules for the application of this Article.
Article 8
1. Where the free-at-frontier offer price for a product falls below the
sluice-gate price, the levy on that product shall be increased by an
additional amount equal to the difference between the sluice-gate price
and the free-at-frontier offer price.
2. However, the levy shall not be increased by this additional amount as
regards third countries which are prepared and in a position to guarantee
that the price of imports into the Community of products originating in
and coming from their territory will not be lower than the sluice-gate
price for the product in question and that any deflection of trade will be
avoided.
3. The free-at-frontier offer price shall be determined for all imports
from all third countries.
However, if exports from one or more third countries are effected at
abnormally low prices, lower than the prices ruling in other third
countries, a second free-at-frontier offer price shall be determined for
exports from these other countries.
4. Detailed rules for the application of this Article shall be adopted in
accordance with the procedure laid down in Article 17.
Where additional amounts are required these shall be fixed in accordance
with the same procedure.
Article 9
1. To the extent necessary to enable the products specified in Article 1
(1) to be exported, in the state referred to therein or in the form of
products listed in Annex I hereto, on the basis of prices for those
products on the world market, the difference between those prices and
prices within the Community may be covered by an export refund.
2. The refund shall be the same for the whole Community. It may be
varied according to use or destination.
The refund shall be granted on application by the party concerned.When the refund is being fixed particular account shall be taken of the
need to establish a balance between the use of Community basic products
in the manufacture of processed goods for export to third countries and
the use of third country products brought in under inward processing
arrangements.
The Council, acting by a qualified majority on a proposal from the
Commission, shall adopt general rules for the granting and advance
fixing of export refunds and criteria for fixing their amount.
Refunds shall be fixed at regular intervals in accordance with the
procedure laid down in Article 17. Where necessary the Commission
may, at the request of a Member State or on its own initiative, alter the
refunds in the intervening period.
3. Detailed rules for the application of this Article shall be adopted in
accordance with the procedure laid down in Article 17.
Article 10
To the extent necessary for the proper working of the common
organization of the market in eggs, the Council, acting by a qualified!B1975R2771 — EN — 01.07.1989 — 007.001 — 6
majority on a proposal from the Commission, may prohibit, in whole or
in part, the use of inward processing arrangements:
— in respect of products specified in Article 1 (1) which are intended
for the manufacture of products specified in Article 1 (1) (b), and
— in special cases, in respect of products specified in Article 1 (1)
which are intended for the manufacture of the products listed in
Annex I hereto.
Article 11
1. The general rules for the interpretation of the Common Customs
Tariff and the special rules for its application shall apply to the tariff
classification of products covered by this Regulation; the tariff
nomenclature resulting from the application of this Regulation shall
form part of the Common Customs Tariff.
2. Save as otherwise provided in this Regulation or where derogation
therefrom is decided by the Council acting by a qualified majority on a
proposal from the Commission, the following shall be prohibited:
— the levying of any customs duty or charge having equivalent effect,— the application of any quantitative restriction or measure having
equivalent effect.
Any measure restricting the issue of import or export licences to a
specified category of person shall be regarded as a measure having effect
equivalent to a quantitative restriction.
Article 12
1. If by reason of imports or exports the Community market in one or
more of the products specified in Article 1 (1) experiences or is
threatened with serious disturbances which may endanger the objectives
set out in Article 39 of the Treaty, appropriate measures may be applied
in trade with third countries until such disturbance or threat of
disturbance has ceased.
The Council, acting by a qualified majority on a proposal from the
Commission, shall adopt detailed rules for the application of this
paragraph and define the cases in which and the limits within which
Member States may take protective measures.
2. If the situation mentioned in paragraph 1 arises, the Commission
shall, at the request of a Member State or on its own initiative, decide
upon the necessary measures; the measures shall be communicated to the
Member States and shall be immediately applicable. If the Commission
receives a request from a Member State, it shall take a decision thereon
within 24 hours following receipt thereof.
3. The measures decided upon by the Commission may be referred to
the Council by any Member State within three working days following
the day on which they were communicated. The Council shall meet
without delay. It may by a qualified majority amend or repeal the
measures in question.
Article 13
Products specified in Article 1 (1) which are manufactured or obtained
from products not specified in Articles 9 (2) and 10 (1) of the Treaty
shall not be admitted to free circulation within the Community.
Article 14
In order to take account of any restrictions on free circulation imposed in
consequence of measures to prevent the spread of animal disease,
exceptional measures may be taken under the procedure provided for in
Article 17 to support any market affected by such restrictions. Such
measures may be taken only to the extent that and for such period as is
strictly necessary for the support of that market.!B1975R2771 — EN — 01.07.1989 — 007.001 — 7
Article 15
The Member States and the Commission shall communicate to each
other the information necessary for implementing this Regulation. Rules
for the communication and distribution of such information shall be
adopted in accordance with the procedure laid down in Article 17.
Article 16
1. There is hereby established a Management Committee for Poul-
trymeat and Eggs (hereinafter called ‘the Committee’), consisting of
representatives of the Member States with a representative of the
Commission as Chairman.
2. Within the Committee the votes of Member States shall be weighted
in accordance with Article 148 (2) of the Treaty. The Chairman shall not
vote.
Article 17
1. Where the procedure laid down in this Article is to be followed, the
Chairman shall refer the matter to the Committee either on his own
initiative or at the request of the representative of a Member State.
2. The representative of the Commission shall submit a draft of the
measures to be taken. The Committee shall deliver its Opinion on such
measures within a time limit to be set by the Chairman according to the
urgency of the matter. An Opinion shall be adopted by a majority of
"M3fifty-four 3votes.
3. The Commission shall adopt measures which shall apply immedi-
ately. However, if these measures are not in accordance with the Opinion
of the Committee, they shall forthwith be communicated by the
Commission to the Council. In that event the Commission may, for not
more than one month from the date of such communication, defer
application of the measures which it has adopted.
The Council, acting by a qualified majority, may take a different decision
within one month.
Article 18
The Committee may consider any other question referred to it by its
Chairman either on his own initiative or at the request of the
representative of a Member State.
Article 19
Save as otherwise provided in this Regulation, Articles 92 to 94 of the
Treaty shall apply to the production of and trade in the products specified
in Article 1 (1).
Article 20
This Regulation shall be so applied that account is taken, in appropriate
manner and at the same time, of the objectives set out in Articles 39 and
110 of the Treaty.
Article 21
Should Italy have recourse to the provisions of Article 23 of Council
Regulation (EEC) No 2727/75 (1) of 29 October 1975 on the common
organization of the market in cereals, the Council, acting by a qualified
majority on a proposal from the Commission, shall take the necessary
measures to avoid distortions of competition.!B
(1) OJ No L 281, 1. 11. 1975, p. 7.1975R2771 — EN — 01.07.1989 — 007.001 — 8
Article 22
1. Council Regulation No 122/67/EEC (1) of 13 June 1967 on the
common organization of the market in eggs, as last amended by the
Council Decision of 1 January 1973 (2) adjusting the documents
concerning the accession of the new Member States to the European
Communities, is hereby repealed.
2. All references to the Regulation repealed by paragraph 1 shall be
construed as references to this Regulation.
References to articles of that Regulation are to be read in accordance
with the correlation given in Annex II.
Article 23
This Regulation shall enter into force on 1 November 1975.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.!B
(1) OJ No 117, 19. 6. 1967, p. 2293/67.
(2) OJ No L 2, 1. 2. 1973, p. 1.1975R2771 — EN — 01.07.1989 — 007.001 — 9
ANNEX I
CN code Description
ex 0403 Buttermilk, curdled milk and cream, yogurt, kephir and
other fermented or acidified milk and cream, whether or not
concentrated or containing added sugar or other sweeteningmatter or flavoured or containing added cocoa
1806 Chocolate and other food preparations containing cocoa
ex 1901 Food preparations of goods of codes 0401to 0404, con-
taining cocoa powder, notelsewhere specified or included
1902 11 00 Uncooked pasta, not stuffed or otherwise prepared, con-
taining eggs
ex 1904 Prepared food, obtained by the swelling or roasting of
cereals or cereal products (for example, corn flakes);
cereals, other then maize (corn), in a grain form, pre-cooked
or otherwise prepared containing cocoa
ex 1905 Bread, pastry, cakes, biscuits and other bakers’ waires,
whether or not containing cocoa; communion wafers, emptycachets of a kind suitable for pharmaceutical use, sealing
wafers, rice paper and similar products:
1905 20 – Gingerbread and the like
1905 30 – Sweet biscuits; waffles and wafers1905 40 00 – Rusks, toasted bread and similar toasted products1905 90 40
– Other1905 90 50
1905 90 601905 90 90
ex 2105 009
>>>=
>>>;
Ice cream and other edible ice, containing cocoa
ex 2208 90 Spirits, liqueurs, and other spirituous beverages containing
eggs or egg yolks
ex 3502 10 Egg albumin:
– – Other:
3502 10 91 – – – Dried (in sheets, scales, flakes powders, etc.)3502 10 99 – – – Other!
M61975R2771 — EN — 01.07.1989 — 007.001 — 10
ANNEX II
Correlation
Regulation No 122/67/EEC This Regulation
Article 13 a Article 14
Article 14 Article 19Article 22 Article 21Annex Annex I!
B1975R2771 — EN — 01.07.1989 — 007.001 — 11