1975R2771 — EN — 01.01.1981 — 002.001 — 1
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►B REGULATION (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
►M1Council Regulation (EEC) No 368/76 of 16 February 1976 L45 2 21.2.1976
Amended by:
►A1Act of Accession of Greece L291 17 19.11.1979
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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);
Whereassincetheiradoptionthebasicprovisionsconcerningtheorgan-
ization of the market in eggs have been amended a number of times;whereas,byreasonoftheirnumber,theircomplexityandtheirdispersalamong various Official Journals, the relevant texts are difficult to useand thus lack the clarity which should be an essential feature of alllegislation; whereas they should therefore be consolidated in a singletext;
Whereas the operation and development of the common market in
agricultural products must be accompanied by the establishment of acommon agricultural policy to include in particular a common organ-ization of agricultural markets, which may take various formsdepending 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 eggssector, in order to stabilize markets and to ensure a fair standard ofliving for the agricultural community concerned, provision should bemade for measures to facilitate the adjustment of supply to marketrequirements;
Whereasthecreationofasinglemarketforeggsinvolvestheintroduc-
tion of a single trading system at the external frontiers of theCommunity, this system to include levies and export refunds;
Whereastoachievethisaimitshouldasageneralrulebesufficientto
introduce, in respect of imports from third countries, levies which takeaccount of the incidence on feeding costs of the difference betweenprices for feed grain within the Community and on the world market,and of the need to protect the Community processing industry;
WhereasitisnecessarytoavoiddisturbancesontheCommunitymarket
caused by offers made on the world market at abnormally low prices;whereastothisendsluice-gatepricesshouldbefixedandleviesshouldbeincreasedbyanadditionalamountwhenfree-at-frontierofferpricesare lower than those prices;
Whereasprovisionforarefundonexportstothirdcountriesequaltothe
difference between prices within the Community and on the worldmarket would serve to safeguard Community participation in inter-nationaltradeineggs;whereasinordertogiveCommunityexportersacertainamountofsecurityasregardsthestabilityofrefunds,provisionshould be made to enable the refunds on eggs to be fixed in advance;
Whereas,inadditiontothesystemdescribedabove,provisionshouldbe
made for prohibiting, in whole or in part, when the situation on themarket 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 circum-stances prove defective; whereas in such cases, so as not to leave theCommunity market without defence against disturbances which mayarise therefrom after the import barriers which existed previously have
(1) OJ No C 60, 13. 3. 1975, p. 41.
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been removed, the Community should be enabled to take all necessary
measures without delay;
Whereasrestrictionsonfreecirculationresultingfromtheapplicationof
measures intended to prevent the spread of animal disease may causedifficultiesonthemarketofoneormoreMemberStates;whereasitisnecessarytomakeprovisionfortheadoptionofexceptionalmeasuresofmarket support to remedy such a situation;
Whereas, in order to facilitate implementation of the proposed meas-
ures,aprocedureshouldbeprovidedforestablishingclosecooperationbetweentheMemberStatesandtheCommissionwithinaManagementCommittee;
Whereastheestablishmentofasinglemarketwouldbejeopardizedby
the granting of certain aids; whereas, therefore, the provisions of theTreaty which allow the assessment of aids granted by Member Statesand the prohibition of those which are incompatible with the commonmarket should be made to apply to eggs;
Whereas the common organization of the market in eggs must take
accountinappropriatemannerandatthesametimeoftheobjectivessetout 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 ontheCommunityinaccordancewiththeprovisionsofArticles2and3ofCouncil Regulation (EEC) No 729/70(
1) of 21 April 1970 on the
financingofthecommonagriculturalpolicy,asamendedbyRegulation(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:
CCTheadingNo Descriptionofgoods
(a)04.05AI Poultry eggs in shell, fresh or preserved
(b)04.05BI Eggsnotinshellandeggyolkssuitableforhuman
consumption, fresh, dried or otherwise preserved,sweetened or not
2. For the purposes of this Regulation:
(a) ‘eggsinshell'meanspoultryeggsinshell,freshorpreserved,other
than eggs for hatching specified in (b);
(b) ‘eggs for hatching'means poultry eggs for hatching;
(c) ‘whole products' means poultry eggs not in shell, suitable for
human consumption:
— fresh or preserved, sweetened or not,
— dried, sweetened or not;
(d) ‘separated products'means poultry egg yolks, suitable for human
consumption:
(1) OJ No L 94, 28. 4. 1970, p. 13.
(2) OJ No L 167, 25. 7. 1972, p. 5.
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— fresh or preserved, sweetened or not,
— dried, sweetened or not;
(e) a‘quarter'meansaperiodofthreemonthsbeginningon1February,
1 May, 1 August or 1 November.
Article 2
1. Inordertoencourageactionbytradeandjointtradeorganizations
to facilitate the adjustment of supply to market requirements, with theexception of action relating to withdrawal from the market, thefollowingCommunitymeasuresmaybetakeninrespectoftheproductsspecified 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 fore-
casts on the basis of the means of production used,
— measures to facilitate the recording of market price trends.
Generalrulesconcerningthesemeasuresshallbeadoptedinaccordance
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 inparticular to grading by quality and weight, packaging, storage, trans-port, presentation and marketing.
Standards,theirscopeandthegeneralrulesfortheirapplicationshallbe
adopted by the Council, acting by a qualified majority on a proposalfrom the Commission.
Article 3
A levy, fixed in advance for each quarter in accordance with the
procedurelaiddowninArticle17,shallbechargedonimportsintotheCommunity 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
CommunityandontheworldmarketforthequantityoffeedgrainrequiredfortheproductionintheCommunityofonekilogrammeofeggs in shell.
ThepricesforfeedgrainwithintheCommunityshallbedetermined
once a year for a period of 12 months beginning 1 August, on thebasisofthethresholdpricesforsuchgrainandthemonthlyincreasethereof.
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The prices for feed grain on the world market shall be determined
quarterly on the basis of the prices for such grain recorded for thefivemonthsendingonemonthbeforethequarterinrespectofwhichthe said component is calculated.
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However,whentheleviesapplicablefrom1November,1February
and 1 May are being fixed, trends in world market prices for feedgrain shall be taken into account only if at the same time a newsluice-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 May of each year.
This component shall be calculated once a year for a period of 12
months beginning 1 August.
2. Thelevyoneggsforhatchingshallbecalculatedinthesameway
as the levy on eggs in shell. However, the quantity of feed grain to beusedshallbethatrequiredfortheproductionintheCommunityofone
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egg for hatching; the sluice-gate price shall be that applicable to eggsfor hatching.
3. TheCouncil,actingbyaqualifiedmajorityonaproposalfromthe
Commission, shall:
— determine the quantity of feed grain required for the production of
one kilogramme of eggs in shell and the quantity of feed grainrequiredfortheproductionofoneeggforhatching,andthepercent-ages 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:
— inrespectofwholeproducts,onthebasisofthequantityofeggsin
shell used in the manufacture of one kilogramme of such products,
— inrespectofseparatedproducts,onthebasisofthequantityofeggs
inshellusedinthemanufactureofonekilogrammeofsuchproductsand of the average ratio between the market values of the eggconstituents.
2. Thecoefficientsexpressingthequantitiesandtheratiomentioned
in paragraph 1 shall be fixed in accordance with the procedure laiddowninArticle17.Theinformationusedinfixingthecoefficientsshallbe reconsidered at least once a year.
Article 6
WhenasubstantialpriceriseisrecordedontheCommunitymarketand
this situation is likely to continue, thereby disturbing or threatening todisturb the market, the necessary measures may be taken.
The Council, acting by a qualified majority on a proposal from the
Commission,shalladoptgeneralrulesfortheapplicationofthisArticle.
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) anamountequaltothepriceontheworldmarketforthequantityof
feed grain required for the production in third countries of onekilogramme of eggs in shell;
(b) a standard amount representing other feeding costs and overhead
costs of production and marketing.
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Thepriceforthequantityoffeedgrainshallbedeterminedquarterlyonthebasisoftheworldmarketpricesforsuchgrainrecordedforthefivemonths ending one month before the quarter in respect of which thesluice-gate price is fixed.
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However, when the sluice-gate price applicable from 1 November, 1February and 1 May, is being fixed, trends in world market prices forfeedgrainshallbetakenintoaccountonlyifthepriceofthequantityoffeedgrainshowsaminimumvariationfromthatusedincalculatingthesluice-gate price for the preceding quarter. The information used infixing the standard amount mentioned in (b) shall be reconsidered atleast once a year.
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, theprice for the quantity of feed grain on the world market shall be theprice for the quantity required for the production in third countries ofone egg for hatching and the standard amount shall be the amountrepresenting other feeding costs and overhead costs of production andmarketing in respect of one egg for hatching.
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4. As regards the products specified in Article 1 (1) (b), the sluice-
gatepricesshallbederivedfromthesluice-gatepriceforeggsinshell,accountbeingtakenofthedepreciationinvalueofthebasicmaterial,ofthe coefficients fixed for such products under Article 5 (2) and of astandard amount representing overhead costs of production andmarketing fixed in accordance with the procedure laid down in Article17.
5. TheCouncil,actingbyaqualifiedmajorityonaproposalfromthe
Commission, shall adopt rules for the application of this Article.
Article 8
1. Wherethefree-at-frontierofferpriceforaproductfallsbelowthe
sluice-gate price, the levy on that product shall be increased by anadditionalamountequaltothedifferencebetweenthesluice-gatepriceand the free-at-frontier offer price.
2. However,thelevyshallnotbeincreasedbythisadditionalamount
as regards third countries which are prepared and in a position toguarantee that the price of imports into the Community of productsoriginatinginandcomingfromtheirterritorywillnotbelowerthanthesluice-gate price for the product in question and that any deflection oftrade will be avoided.
3. Thefree-at-frontierofferpriceshallbedeterminedforallimports
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 thirdcountries, a second free-at-frontier offer price shall be determined forexports from these other countries.
4. DetailedrulesfortheapplicationofthisArticleshallbeadoptedin
accordance with the procedure laid down in Article 17.
Where additional amounts are required these shall be fixed in accord-
ance with the same procedure.
Article 9
1. TotheextentnecessarytoenabletheproductsspecifiedinArticle
1 (1) to be exported, in the state referred to therein or in the form ofproducts listed in Annex I hereto, on the basis of prices for thoseproducts on the world market, the difference between those prices andprices within the Community may be covered by an export refund.
2. TherefundshallbethesameforthewholeCommunity.Itmaybe
varied according to use or destination.
The refund shall be granted on application by the party concerned.Whentherefundisbeingfixedparticularaccountshallbetakenofthe
needtoestablishabalancebetweentheuseofCommunitybasicprod-uctsinthemanufactureofprocessedgoodsforexporttothirdcountriesand the use of third country products brought in under inwardprocessing arrangements.
The Council, acting by a qualified majority on a proposal from the
Commission, shall adopt general rules for the granting and advancefixing 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 Commissionmay,attherequestofaMemberStateoronitsowninitiative,altertherefunds in the intervening period.
3. DetailedrulesfortheapplicationofthisArticleshallbeadoptedin
accordance with the procedure laid down in Article 17.
Article 10
To the extent necessary for the proper working of the common organ-
izationofthemarketineggs,theCouncil,actingbyaqualifiedmajority
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onaproposalfromtheCommission,mayprohibit,inwholeorinpart,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 inAnnex 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 tariffclassificationofproductscoveredbythisRegulation;thetariffnomen-clatureresultingfromtheapplicationofthisRegulationshallformpartof the Common Customs Tariff.
2. SaveasotherwiseprovidedinthisRegulationorwherederogation
therefromisdecidedbytheCouncilactingbyaqualifiedmajorityonaproposal from the Commission, the following shall be prohibited:
— thelevyingofanycustomsdutyorchargehavingequivalenteffect,
— 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 havingeffect 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 isthreatenedwithseriousdisturbanceswhichmayendangertheobjectivessetoutinArticle39oftheTreaty,appropriatemeasuresmaybeappliedin trade with third countries until such disturbance or threat of distur-bance has ceased.
The Council, acting by a qualified majority on a proposal from the
Commission, shall adopt detailed rules for the application of this para-graph and define the cases in which and the limits within whichMember 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, decideupon the necessary measures; the measures shall be communicated totheMemberStatesandshallbeimmediatelyapplicable.IftheCommis-sion receives a request from a Member State, it shall take a decisionthereon within 24 hours following receipt thereof.
3. ThemeasuresdecideduponbytheCommissionmaybereferredto
theCouncilbyanyMemberStatewithinthreeworkingdaysfollowingthe day on which they were communicated. The Council shall meetwithout delay. It may by a qualified majority amend or repeal themeasures in question.
Article 13
ProductsspecifiedinArticle1(1)whicharemanufacturedorobtained
from products not specified in Articles 9 (2) and 10 (1) of the Treatyshall not be admitted to free circulation within the Community.
Article 14
Inordertotakeaccountofanyrestrictionsonfreecirculationimposed
in consequence of measures to prevent the spread of animal disease,exceptionalmeasuresmaybetakenundertheprocedureprovidedforinArticle 17 to support any market affected by such restrictions. Suchmeasuresmaybetakenonlytotheextentthatandforsuchperiodasisstrictly necessary for the support of that market.
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Article 15
The Member States and the Commission shall communicate to each
othertheinformationnecessaryforimplementingthisRegulation.Rulesfor the communication and distribution of such information shall beadopted in accordance with the procedure laid down in Article 17.
Article 16
1. ThereisherebyestablishedaManagementCommitteeforPoultry-
meatandEggs(hereinaftercalled‘theCommittee'),consistingofrepre-sentatives of the Member States with a representative of the Commis-sion as Chairman.
2. Within the Committee the votes of Member States shall be
weighted in accordance with Article 148 (2) of the Treaty. TheChairman shall not vote.
Article 17
1. Where the procedure laid down in this Article is to be followed,
theChairmanshallreferthemattertotheCommitteeeitheronhisowninitiative or at the request of the representative of a Member State.
2. The representative of the Commission shall submit a draft of the
measurestobetaken.TheCommitteeshalldeliveritsOpiniononsuchmeasureswithinatimelimittobesetbytheChairmanaccordingtotheurgency of the matter. An Opinion shall be adopted by a majority of►
A1forty-five ◄votes.
3. The Commission shall adopt measures which shall apply imme-
diately. However, if these measures are not in accordance with theOpinionoftheCommittee,theyshallforthwithbecommunicatedbytheCommissiontotheCouncil.InthateventtheCommissionmay,fornotmore than one month from the date of such communication, deferapplication 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 repres-entative of a Member State.
Article 19
SaveasotherwiseprovidedinthisRegulation,Articles92to94ofthe
Treaty shall apply to the production of and trade in the productsspecified in Article 1 (1).
Article 20
ThisRegulationshallbesoappliedthataccountistaken,inappropriate
mannerandatthesametime,oftheobjectivessetoutinArticles39and110 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
organizationofthemarketincereals,theCouncil,actingbyaqualifiedmajority on a proposal from the Commission, shall take the necessarymeasures to avoid distortions of competition.
(1) OJ No L 281, 1. 11. 1975, p. 7.
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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 theCouncil Decision of 1 January 1973(
2) adjusting the documents
concerning the accession of the new Member States to the EuropeanCommunities, is hereby repealed.
2. AllreferencestotheRegulationrepealedbyparagraph1shallbe
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.
ThisRegulationshallbebindinginitsentiretyanddirectlyapplicablein
all Member States.
(1) OJ No 117, 19. 6. 1967, p. 2293/67.
(2) OJ No L 2, 1. 2. 1973, p. 1.
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ANNEX I
CCTheading
NoDescriptionofgoods
18.06Chocolateandotherfoodpreparationscontainingcocoa
19.03Macaroni,spaghettiandsimilarproducts:
A. Containingeggs
19.08Pastry,biscuits,cakesandotherfinebakers’wares,whetheror
notcontainingcocoainanyproportion
22.09CSpirituousbeverages:
exV.Other:
— Containingeggoreggyolk
35.02AAlbumins:II. Other:
exa)Ovalbumin:
1. Dried(forexample,insheets,scales,flakes,
powder)
2. Other
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ANNEX II
Correlation
Regulation No 122/67/EEC ThisRegulation
Article13a Article14
Article14 Article19Article22 Article21Annex AnnexI