1975R2771 — EN — 01.01.1986 — 004.001 — 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 L 45 2 21.2.1976
►M2Council Regulation (EEC) No 3643/81 of 15 December 1981 L 364 1 19.12.1981
►M3Council Regulation (EEC) No 3768/85 of 20 December 1985 L 362 8 31.12.1985
Amended by:
►A1Act of Accession of Greece L 291 17 19.11.1979
▼B
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 difficultto use and 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 commonorganization 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 formeasures 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 betweenprices 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 shouldbe increased by an additional amount when free-at-frontier offer pricesare 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 worldmarket would serve to safeguard Community participation in interna-tional 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 Communitymarket without defence against disturbances which may arise therefromafter the import barriers which existed previously have been removed,the Community should be enabled to take all necessary measureswithout delay;1975R2771 — EN — 01.01.1986 — 004.001 — 2
(1) OJ No C 60, 13. 3. 1975, p. 41.
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Whereas restrictions on free circulation resulting from the application of
measures intended to prevent the spread of animal disease may causedifficulties 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 cooperationbetween the Member States and the Commission within a ManagementCommittee;
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 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
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 onthe Community in accordance with the provisions of Articles 2 and 3 ofCouncil 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:
CCT heading No Description of goods
(a) 04.05 A I Poultry eggs in shell, fresh or preserved
(b) 04.05 B I Eggs not in shell and egg yolks suitable for human
consumption, fresh, dried or otherwise preserved, swee-
tened or not
2. For the purposes of this Regulation:
(a) ‘eggs in shell’ means poultry eggs in shell, fresh or preserved, 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:
— fresh or preserved, sweetened or not,
— dried, sweetened or not;
(e) a ‘quarter’ means a period of three months beginning on 1 February,
1 May, 1 August or 1 November.
Article 2
1. In order to encourage action by trade and joint trade organizations
to facilitate the adjustment of supply to market requirements, with the1975R2771 — EN — 01.01.1986 — 004.001 — 3
(1) OJ No L 94, 28. 4. 1970, p. 13.
(2) OJ No L 167, 25. 7. 1972, p. 5.
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exception of action relating to withdrawal from the market, the
following Community measures may be taken in respect of the productsspecified 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, presentation 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 proposalfrom 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 theCommunity 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 grainrequired for the production in the Community of one kilogramme 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 1 August, on thebasis of the threshold prices for such grain and the monthly increasethereof.
The prices for feed grain on the world market shall be determined
quarterly on the basis of the prices for such grain recorded for thefive months ending one month before the quarter in respect of whichthe said component is calculated.
However, when the levies applicable from 1 November, 1 February
and 1 May are 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 May of each year.
This component shall be calculated once a year for a period of 12
months beginning 1 August.
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 beused shall be that required for the production in the Community of oneegg for hatching; the sluice-gate price shall be that applicable to eggs forhatching.
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 grainrequired for the production of one egg for hatching, and thepercentages of the various feed grains included in these quantities,1975R2771 — EN — 01.01.1986 — 004.001 — 4
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— 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 the ratio mentioned
in paragraph 1 shall be fixed in accordance with the procedure laid downin Article 17. The information used in fixing the coefficients shall bereconsidered at least once a year.
Article 6
When a substantial price rise is recorded on the Community market and
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, 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 onekilogramme 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 fivemonths ending one month before the quarter in respect of which thesluice-gate price is fixed.
However, when the sluice-gate price applicable from 1 November, 1
February and 1 May, is being fixed, trends in world market prices forfeed grain shall be taken into account only if the price of the quantity offeed grain shows a minimum variation from that used in calculating the
sluice-gate price for the preceding quarter. The information used in
fixing 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 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 representingother feeding costs and overhead costs of production and marketing inrespect of one egg for hatching.
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, 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 Article17.1975R2771 — EN — 01.01.1986 — 004.001 — 5
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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 anadditional amount equal to the difference between the sluice-gate priceand 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 toguarantee that the price of imports into the Community of productsoriginating in and coming from their territory will not be lower than thesluice-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 forexports 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 thoseproducts on the world market, the difference between those prices andprices 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 inwardprocessing 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 Commissionmay, 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 qualifiedmajority on a proposal from the Commission, may prohibit, in whole orin 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 inAnnex I hereto.1975R2771 — EN — 01.01.1986 — 004.001 — 6
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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 tariffclassification of products covered by this Regulation; the tariffnomenclature resulting from the application of this Regulation shallform 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 aproposal 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 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 isthreatened 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 ofdisturbance 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 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, decide
upon the necessary measures; the measures shall be communicated tothe Member States and shall be immediately applicable. If theCommission receives a request from a Member State, it shall take adecision 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 followingthe 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
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. Suchmeasures may be taken only to the extent that and for such period as isstrictly necessary for the support of that market.
Article 15
The Member States and the Commission shall communicate to each
other the information necessary for implementing this Regulation. Rulesfor the communication and distribution of such information shall beadopted in accordance with the procedure laid down in Article 17.
Article 16
1. There is hereby established a Management Committee for
Poultrymeat and Eggs (hereinafter called ‘the Committee’), consisting1975R2771 — EN — 01.01.1986 — 004.001 — 7
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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 suchmeasures within a time limit to be set by the Chairman according to theurgency of the matter. An Opinion shall be adopted by a majority of►
M3fifty-four ◄votes.
3. The Commission shall adopt measures which shall apply
immediately. 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, fornot more 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 therepresentative 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 productsspecified 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 and110 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 necessarymeasures to avoid distortions of competition.
Article 22
1. Council Regulation No 122/67/EEC(
2) of 13 June 1967 on the
common organization of the market in eggs, as last amended by theCouncil Decision of 1 January 1973(
3) adjusting the documents
concerning the accession of the new Member States to the EuropeanCommunities, is hereby repealed.
2. All references to the Regulation repealed by paragraph 1 shall be
construed as references to this Regulation.1975R2771 — EN — 01.01.1986 — 004.001 — 8
(1) OJ No L 281, 1. 11. 1975, p. 7.
(2) OJ No 117, 19. 6. 1967, p. 2293/67.
(3) OJ No L 2, 1. 2. 1973, p. 1.
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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.1975R2771 — EN — 01.01.1986 — 004.001 — 9
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ANNEX I
CCT heading No Description
18.06 Chocolate and other food preparations containing cocoa
19.03 Macaroni, spaghetti and similar products:
A. Containing eggs
19.08 Pastry, biscuits, cakes and other fine bakers' wares, whether
or not containing cocoa in any proportion
21.07 Food preparations not elsewhere specified or included:
G. Other:
I. Containing no milkfats or containing less that 1·5 % by
weight of such fats:
a) Containing no sucrose or containing less than 5 %
by weight of sucrose (including invert sugar
expressed as sucrose):
ex 1. Containing no starch or containing less than
5 % by weight of starch
— Preparations known as ‘long eggs’,
consisting in hens' eggs cooked in the
form of cylinders; the centre consists of
the egg yolks and is completely
surrounded by the whites of the eggs
22.09 C Spirituous beverages:
ex V. Other:
— Containing egg or egg yolk
35.02 A Albumins:
II. Other:
ex a) Ovalbumin:
1. Dried (for example, in sheets, scales, flakes,
powder)
2. Other1975R2771 — EN — 01.01.1986 — 004.001 — 10
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ANNEX II
Correlation
Regulation No 122/67/EEC ThisRegulation
Article 13 a Article 14
Article 14 Article 19Article 22 Article 21
Annex Annex I1975R2771 — EN — 01.01.1986 — 004.001 — 11