1990R1907 — EN — 01.12.1993 — 001.001 — 1
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►B COUNCIL REGULATION (EEC)No 1907/90
of 26 June 1990
on certain marketing standards for eggs
(OJ L 173, 6.7.1990, p. 5)
Amended by:
Official Journal
No page date
►M1Council Regulation (EEC) No 2617/93 of 21 September 1993 L240 1 25.9.1993
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,
HavingregardtoCouncilRegulation(EEC)No2771/75of29October
1975 on the common organization of the market in eggs(1), as last
amendedbyRegulation(EEC)No1235/89(2),andinparticularArticle
2 (2) thereof,
Having regard to the proposal from the Commission,Whereas Regulation (EEC) No 2771/75 provides for the setting of
marketingstandardswhichmayrelateinparticulartogradingbyqualityand weight, packing, warehousing, transport, presentation and markingof eggs;
Whereassuchstandardscancontributetoanimprovementinthequality
ofeggsand,consequently,facilitatetheirsale:whereasitisthereforeinthe interest of producers, traders and consumers that marketing stan-dards should be applied in respect of hen eggs suitable for humanconsumption;
WhereasRegulation(EEC)No2772/75(
3)laiddowncertainmarketing
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;
Whereasexperiencewiththeexistingstandardsandconsultationofboth
trade and consumers’ representative organizations have made apparentthe need for further amendments and for certain detailed rules to beadoptedinaccordancewithArticle17ofRegulation(EEC)No2771/75in order to facilitate future amendments;
Whereasinordertofixsuchstandardsacleardistinctionmustbedrawn
between eggs suitable for human consumption and eggs, in particularbrokenorincubatedeggs,whicharenot,andwhich,inprinciple,areforuse 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
theterritoryoftheCommunity;whereasitnonethelessseemsadvisabletoexcludefromthescopeoftheirapplicationcertainformsofsalefromproducer to consumer where small quantities are involved; whereas,moreover eggs delivered from the place of production to a packingcentreortocertainwholesalemarketsandeggsintendedforuseinthefood industry should be exempted from grading and marking;
Whereas,therefore,alistshouldbedrawnupofsupplierstoundertak-
ings entitled to grade eggs by quality and weight;
Whereasthegradingofeggsshouldbeconfinedsolelytoundertakings
which are adequately equipped for the purpose;
Whereasthequalityrequirementsforeggsmustbeeasyforconsumers
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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▼B
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;
Whereasitisnecessarytodeterminetheindicationsthatmayormustbe
used on packs; whereas the use of certain optional indications must besubjecttodetailedrulestobeadoptedinaccordancewiththeprocedurelaid 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;
WhereasthedefinitionslaiddowninpreviousCommunityRegulations
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;
Whereassuchcommonprovisionsshouldbeadoptedforpackingaswill
ensurethatthequalityoftheeggsismaintainedandwillfacilitatetradeand the supervision of compliance with standards;
Whereasinordertoleaveachoiceopentotheconsumerandtoensure
that he is offered goods complying with quality and weight standards,retailers must display the appropriate information either on the goodsoffered or beside them;
Whereasitisessential,intheinterestsofbothproducerandconsumer,
thateggsimportedfromthirdcountriesshouldcomplywithCommunitystandards;
Whereas special provisions in force in certain third countries may
justify derogations which in such cases allow exportation outside theCommunity;whereasitseemsappropriatetoexcludefromthescopeofCommunitystandardseggsimportedfromthirdcountriesorexportedtothirdcountriesinsmallquantities,bytheconsumerforhispersonaluse;
Whereas it is for each Member State to designate the agency or agen-
ciesresponsibleforsupervision;whereastheproceduresforsuchsuper-vision must be uniform;
Whereas it is also for each Member State to lay down penalties for
infringements;
WhereastheprovisionsofthisRegulationarewithoutprejudicetoany
Communityprovisionswhichmaybeadoptedinordertoharmonizetheprovisions 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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▼B
2772/75,itisadvisableforthesakeofclaritytore-draftthelegislationapplicable 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'meansheneggsinshell,suitablefordirecthumanconsump-
tion or for use in the food industries, except for broken eggs,incubated eggs and cooked eggs;
2. ‘industrialeggs'meansheneggsinshellotherthanthosereferredto
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. ‘brokeneggs'meanseggsshowingbreaksofboththeshellandthe
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'meansholdingordisplayingforsale,offeringforsale,
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) toamarketsellingexclusivelytowholesalerswhoseundertak-
ings are approved as packing centres; or
(c) to industry;
9. ‘packingcentre'meansanundertakingauthorizedbythecompetent
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) transporteddirectlyfromtheplaceofproductiontoapackingcentre
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 withArticle5,or,forprocessing,tofoodindustryundertakingsapprovedinaccordancewithCouncilDirective89/437/EECof20June1989on hygiene and health problems affecting the production and the
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▼B
placingonthemarketofeggproducts(1)►M1andtothenon-food
industry ◄;
(b) produced in the Community and delivered for processing to food
industry undertakings approved in accordance with Directive 89/437/EEC ►
M1and to the non-food industry ◄.
3. This Regulation shall not apply to eggs sold directly to the
consumer for his own use by the producer on his own farm, in a localpublicmarketwiththeexceptionofauctionmarkets,orbydoor-to-doorselling, provided that the eggs come from his own production and arenotpackedinaccordancewithArticles10,11and12andthatuseisnotmade of any of the quality and weight gradings laid down in thisRegulation.
4. This Regulation shall not affect any provisions concerning veter-
inaryandhealthmattersandfoodstuffslaiddowntoensurecompliancewith 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:
▼
M1(a) eggs to anyone but collectors, packing centres, markets within the
meaningofArticle2(2)(a),foodindustryundertakingsapprovedinaccordance with Directive 89/437/EEC and the non-food industry;
▼
B
(b) industrial eggs, excluding incubated eggs, to anyone but packing
centres or industry, with the exception of the food industry;
(c) incubatedeggstoanyonebutrenderingplantsorindustry,withthe
exception of the food industry.
2. Eggsbrokenaccidentallyinpackingcentresmayonlybedelivered
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. Packingcentresshallkeepanup-to-daterecordoftheirsuppliers.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 equipmentaresuitableforgradingeggsbyqualityandweight,atitsorhisrequest.Suchauthorizationmaybewithdrawnwhenevertherequiredconditionsare 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'.— classCor‘down-gradedeggsintendedforthe ►
M1foodindustry
undertakings approved in accordance with Directive 89/437/EEC ◄'.
(1) OJ No L 212, 22. 7. 1989, p. 87.
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▼B
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).
Article 7
Oneormoreofthefollowingdistinguishingmarksmaybestampedon
grade A eggs:
▼M1(a) the date of minimum durability (‘best-before date');
▼B
(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
accordancewiththerelevantconditionslaiddowninArticle10(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-
guishingmarkshowingtheirqualitygrading.Theymayalsobearoneormore 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.
Insuchacase,theyshallbearadistinguishingmarkinaccordancewith
paragraph1.Anymarkswhichmayhavebeenusedinaccordanceeitherwith 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,bywayofderogationfromparagraph2,classAandB
eggs which no longer have the characteristics fixed for those gradesmay be delivered directly to the ►
M1food industry undertakings
approved in accordance with Directive 89/437/EEC ◄, without the
markings referred to in paragraph 2, provided always that their packsare clearly marked to show this destination.
Article 9
Eggs shall not bear any marks other than those provided for in this
Regulation.
Article 10
1. Largepacks,andsmallpacksevenwhencontainedinlargepacks,
shall bear on the outer surface in clearly visible and legible type:
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▼M1
(a) the name or the business name, and address of the undertaking
whichhaspackedtheeggsorhadthempacked;thename,businessname or the trade mark used by that undertaking, which may be atrade mark used collectively by a number of undertakings, may beshownifitcontainsnostatementorsymbolincompatiblewiththisRegulation relating to the quality or freshness of the eggs, to thetype of farming used for their production or to the origin of theeggs;
▼
B
(b) the distinguishing number of the packing centre;
(c) the quality and weight gradings. Class A eggs may be identified
either by the words ‘class A'or the letter ‘A'whether alone or incombination with the word ‘fresh';
(d) the number of eggs packed;
▼
M1
(e) the date of minimum durability (‘best-before date') followed by
appropriate storage recommendations for grade A eggs, and thepacking date for eggs of other grades;
▼
B
(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;
▼M1
(e) statements or symbols designed to promote sales of eggs or other
items,providedthatsuchstatementsorsymbolsandthemannerinwhich they are made are not likely to mislead the purchaser.
▼
B
3. Further dates and indications concerning the type of farming and
theoriginoftheeggsmayonlybeusedinaccordancewithrulestobelaiddownundertheproceduresetoutinArticle17ofRegulation(EEC)No 2771/75. These rules shall cover in particular the terms used inindicationsofthetypeoffarmingandthecriteriaconcerningtheoriginof the eggs.
However,ifuseoftheindicationsrelatingtothetypeoffarmingorto
theoriginoftheeggsshouldprovetobeharmfultothefluidityoftheCommunity market, or if serious difficulties arise regarding control oftheuseofsuchindicationsanditseffectiveness,theCommission,actingunder the same procedure, may suspend use of the said indications.
Notwithstanding the above, where large packs contain small packs or
eggsmarkedwithanyreferencetothetypeoffarmingortotheoriginof 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 largepackswhichtaketheformofopencasesoropencontainers,oncondi-tionthattheselatterareofatypewhichdoesnotimpedeidentificationof 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 smallquantitiestobedefinedinaccordancewiththeprocedurelaiddownin
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▼B
Article17ofRegulation(EEC)No2771/75,itshallbepermissibleforthese 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. Eggsdisplayedforsaleorofferedforsaleintheretailtradeshall
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 andthefactthattheeggshavebeenrefrigeratedorpreserved,wherethisisthe case, shall be indicated in such a manner as to be clearly andunequivocally visible to the consumer.
▼
M1
2. In the case of loose egg sales, the identification number of thepacking centre which graded the eggs, or in the case of imported eggsthethirdcountryoforigin,andthedateofminimumdurabilityfollowedby the appropriate storage recommendations shall also be indicated.
▼
B
3. However, eggs of the same quality grading, except for class Aeggsmarked‘extra'inaccordancewithArticle12,maybedisplayedforsaleorofferedforsaleinsmallpackswhichmaybeofdifferentweightgrading 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) theycomplywiththeprovisionsofArticles3,6to9,12,13(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;
▼
M1
(ee) the date of packing and the date of minimum durability
followedbyappropriatestoragerecommendations,forgradeAeggs, and the packing date for eggs of other grades;
▼
B
(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.
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▼B
2. By way of derogation from paragraph 1 and in order to comply
withtherulesofcertainimportingcountries,eggspackedandintendedfor export may:
(a) bemadetocomplywithrequirementsexceedingthoselaiddownin
this Regulation as regards quality, marking and labelling, or withadditional requirements;
(b) bearonthepackmarksorparticularsofadifferentnature,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
ThisRegulationshallnotapplytoeggsimportedfromthirdcountriesor
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
appointedforthepurposeineachMemberState.Alistofsuchagenciesshall be forwarded to the other Member States and to the CommissionnotlaterthanonemonthbeforetheentryintoforceofthisRegulation.AnyamendmenttothislistshallbecommunicatedtotheotherMemberStates and the Commission.
2. The products covered by this Regulation shall be checked by
meansofrandomsamplingatallstagesofmarketingaswellasduringcarriage.Foreggsimportedfromthirdcountriessuchrandomsamplingchecks shall also be made at the time of customs clearance.
Article 19
1. DecisionsarisingfromfailuretocomplywiththisRegulationmay
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 untilproofisforthcomingthatithasbeenmadetocomplywiththisRegula-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. Forthepurposeoftheadoptionundertheprocedurereferredtoin
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.
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▼B
3. Where necessary, in accordance with the procedure referred to inparagraph 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
MemberStatesshalltakeallappropriatemeasurestopenalizeinfringe-
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. MeasuresaimedatensuringuniformapplicationofthisRegulation
shallbeadoptedinaccordancewiththeprocedurelaiddowninArticle17 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
ArticlesofRegulation(EEC)No2772/75,suchreferencesshallbereadin accordance with the correlation table in the Annex.
3. MemberStatesmaycontinuetoapplythemarketingstandardsfor
eggs laid down in Regulation (EEC) No 2772/75 instead of thosedetermined in this Regulation until 1 July 1991.
Article 24
This Regulation shall enter into force on 1 October 1990, except for
Article 4 (2), which shall apply on 1 January 1992.
ThisRegulationshallbebindinginitsentiretyanddirectlyapplicablein
all Member States.
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▼B
ANNEX
Correlation table
Regulation (EEC) No 2772/75 This Regulation
Articles 7 to 10 deletedArticle 11 Article 7Articles 12 and 13 Article 8Article 14 deletedArticle 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 14 and 10 (2) and (3)Article 22 deletedArticles 24 to 32 Articles 16 to 24