1990R1907 — EN — 01.10.1990 — 000.001 — 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)
Corrected by:
►C1Corrigendum, OJ L 195, 26.7.1990, p. 40 (1907/90)
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▼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 qualityand weight, packing, warehousing, transport, presentation and markingof 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 stan-dards should be applied in respect of hen eggs suitable for humanconsumption;
Whereas Regulation (EEC) No 2772/75 (
3) laid down certain marketing
standards for eggs; whereas those standards need to be reviewed regu-larly in order to provide better guarantees and more accurate informa-tion 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 apparentthe 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 particularbroken 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 thefood industry should be exempted from grading and marking;
Whereas, therefore, a list should be drawn up of suppliers to undertak-
ings 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 rationalizationmade at all stages of distribution; whereas, therefore, a limited butadequate number of quality and weight grades should be laid down;
(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 the consumer must be able to distinguish between eggs ofdifferent quality and weight grades; whereas this requirement can bemet by marking the eggs and packs;
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 procedurelaid down in Article 17 of Regulation (EEC) No 2771/75;
Whereas the marking of ‘fresh eggs'can be optional, since the obliga-
tory marking of other eggs enables them to be easily distinguished;
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 eggsintended for loose sales, the grading date should replace the packingdate;
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 eggsneed to be drafted more strictly; whereas it has become essential toprovide 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 theobligatory packing date on eggs or their packaging are too inflexible;whereas provision therefore needs to be made for the possibility ofusing certain 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 tradeand 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 ofCommunity standards eggs imported from third countries or exported tothird countries in small quantities, by the consumer for his personal use;
Whereas it is for each Member State to designate the agency or agen-
cies responsible for supervision; whereas the procedures for such super-vision 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 protectingthe health of people and animals and at preventing falsification andfraud;
Whereas, given the above substantive amendments and the need for a
number of other purely textual amendments to Regulation (EEC) No
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2772/75, it is advisable for the sake of clarity to re-draft the legislationapplicable in this field;
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 consump-
tion 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 butexcluding 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 authori-
ties to collect eggs from a producer for delivery:
(a) to a packing centre:
(b) to a market selling exclusively to wholesalers whose undertak-
ings 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 samepacking or grading date as well as the same quality and weightgradings;
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 withArticle 5, or, for processing, to food industry undertakings approvedin accordance with Council Directive 89/437/EEC of 20 June 1989
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on hygiene and health problems affecting the production and the
placing on the market of egg products(1);
(b) produced in the Community and delivered for processing to food
industry undertakings approved in accordance with Directive 89/437/EEC.
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 localpublic market with the exception of auction markets, or by door-to-doorselling, provided that the eggs come from his own production and arenot packed in accordance with Articles 10, 11 and 12 and that use is notmade of any of the quality and weight gradings laid down in thisRegulation.
4. This Regulation shall not affect any provisions concerning veter-
inary and health matters and foodstuffs laid down to ensure compliancewith the hygiene and health standards applicable to the products or toprotect 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) or 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 proce-
dure provided for in Article 20, the competent authority shall grantauthorizations 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 food industry'.
2. Class A eggs shall be graded by weight.3. Grading in classes A and B shall be determined taking into
account in particular the criteria set out in Article 20 (2).
(1) OJ No L 212, 22. 7. 1989, p. 87.
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Article 7
One or more of the following distinguishing marks may be stamped on
grade A eggs:
(a) the packaging date or, in the case of loose sales, the grading 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) a reference to the type of farming;
(i) an indication of the origin of the eggs;(j) a code identifying the producer establishment.
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 distin-
guishing mark showing their quality grading. They may also bear one ormore 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 beregarded 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,except for those concerning weight grading, which shall be altered ifappropriate.
3. However, by way of derogation from paragraph 2, class A and B
eggs which no longer have the characteristics fixed for those gradesmay be delivered directly to the food industry, without the markingsreferred to in paragraph 2, provided always that their packs are clearlymarked 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 business name, and address of the undertaking which
has packed the eggs or had them packed; the name, business nameor the trade mark used by that undertaking, which may be a trademark used collectively by a number of undertakings, may be shownif it contains no wording incompatible with this Regulation relatingto the quality or freshness of the eggs, to the type of farming usedfor their production or to the origin of the eggs;
(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';
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(d) the number of eggs packed;
(e) the packing date;
(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 designed to promote sales, provided that such statements
and the manner in which they are made are not likely to mislead thepurchaser.
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 belaid 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 theCommunity 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 originof the 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 condi-tion that these latter are of a type which does not impede identificationof the particualrs referred to in Article 10 shown on small packscontained 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 smallquantities 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 word ‘extra'may be used on small packs containing class A eggs
provided with a band or label. It shall be printed on the band or label,which shall be removed and destroyed not later than the seventh dayafter packing.
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 ofpreservation 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.
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2. In the case of loose egg sales, the identification number of thepacking centre which graded the eggs, or in the case of imported eggsthe third country of origin, and the grading date 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 forsale or offered for sale in small packs which may be of different weightgrading provided that the total net weight and the words ‘eggs ofdifferent 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;
(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 exportwhich have been dipped shall not, however, be deemed to have beentreated 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;
(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 60eggs 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 MemberStates and the Commission.
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2. The products covered by this Regulation shall be checked bymeans 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 Regula-tion.
3. The agency which made the check shall verify whether the
rejected batch has been or is being made to comply with this Regula-tion.
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.
Article 21
Member States shall take all appropriate measures to penalize infringe-
ments 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 Article17 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.
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3. Member States may continue to apply the marketing standards foreggs 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.
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ANNEX
Correlation table
Regulation (EEC) No 2772/75 This Regulation
Articles 7 to 10 deletedArticle 11 Article 7Articles 12 and 13 Article 8Article 14deletedArticle 15 Article 9Article 16 deletedArticles 17 and 18 Articles 10(Article 17 (1), first subparagraph Article 11)Article 19 Article 12Article 20 Article 13Article 21 Articles 14and 10 (2) and (3)Article 22 deletedArticles 24to 32 Articles 16 to 24