No C 179/10 Official Journal of the European Communities 8. 7. 88 
Proposal for a Council Regulation (EEC) amending Regulation (EEC) No 2771/75 on the 
common organization of the market in eggs 
COM(88) 313 final 
(Submitted by the Commission to the Council on 9 June 1988) 
(88/C 179/15) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
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, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas the Community is a Contracting Party to the 
International Convention on the Harmonized 
Commodity Description and Coding System, hereinafter 
referred to as the 'harmonized system' which replaces 
the Convention of 15 December 1950 on Nomenclature 
for the Classification of Goods in Customs tariffs; 
Whereas Council Regulation (EEC) No 2658/87 (») 
established, from 1 January 1988, a combined goods 
nomenclature based on the harmonized system to meet 
the requirements both of the Common Customs Tariff 
and of the external trade statistics of the Community; 
Whereas, as a result, it is necessary to express the 
descriptions of goods and tariff heading numbers which 
appear in Council Regulation (EEC) No 2771/75 (2), as 
last amended by Commission Regulation (EEC) No 
4000/87 (3), according to the terms of the combined 
nomenclature based on the harmonized system; 
Whereas cooked eggs in shell and moulded egg products 
such as cylindrical 'long eggs' were classified in a 
subheading of heading No 21.07 (Food preparations not 
elsewhere specified or included) of the Common 
Customs Tariff which was in force until 31 December 
1987; whereas the said egg products were therefore not 
considered to be products covered by Annex II to the 
Treaty; whereas with the introduction of the combined 
nomenclature these products are now classified under 
CN codes 0407 (birds' eggs, in shell, fresh, preserved or 
cooked) or 0408 (birds' eggs, not in shell and egg yolks, 
fresh, dried, cooked by steaming or by boiling in water, moulded, frozen or otherwise preserved whether or not 
containing added sugar or other sweetening matter); 
whereas cooked eggs in shell and moulded egg products 
may be used in the same way as or as a replacement for 
preserved eggs in shell or not in shell; whereas preserved 
eggs are included in Annex II to the Treaty and are 
therefore specified in Regulation (EEC) No 2771/75; 
whereas it is logical and desirable that cooked eggs in 
shell and moulded egg products should also be included 
in Regulation (EEC) No 2771/75; 
Whereas Regulation (EEC) No 4000/87 amending 
Regulation (EEC) No 2771/75 on the Common organ­
ization of the market in eggs should be repealed; 
Whereas numerous Regulations in the egg sector must be 
adapted to take account of use of the new nomenclature; 
whereas, under Article 15 of Regulation (EEC) No 
2658/87, the changes made may be of a technical nature 
only; whereas, accordingly, a provision should be 
introduced whereby all other adjustments to Council and 
Commission Regulations on the common organization of 
the market in eggs should be made in accordance with 
the procedure laid down in Article 17 of Regulation 
(EEC) No 2771/75, provided that such adjustments are 
required solely as a result of the introduction of the 
harmonized system, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Regulation (EEC) No 2771/75 is hereby amended as 
follows: 
1. Article 1 is replaced by the following: 
'Article 1 
1. The common organization of the market in eggs 
shall cover the following products: 
CN Code 
(a) 0407 00 11 
0407 00 19 
0407 00 30 
(b) 0408 11 10 
0408 19 11 
0408 19 19 
0408 91 10 
0408 99 10 Description 
Poultry eggs in shell, fresh, 
preserved or cooked 
Eggs not in shell and egg yolks 
suitable for human consumption, 
fresh, dried, cooked by steaming or 
by boiling in water, moulded, frozen 
or otherwise preserved, whether or 
not containing added sugar or other 
sweetening matter' (') OJ No L 256, 7. 9. 1987, p. 1. 
(2) OJ No L 282, 1. 11. 1975, p. 49. 
O OJ No L 377, 31. 12. 1987, p. 42. (a) 0407 00 11 
0407 00 19 
0407 00 30 
(b) 0408 11 10 
0408 19 11 
0408 19 19 
0408 91 10 
0408 99 10 Poultry eggs in shell, fresh, 
preserved or cooked 
Eggs not in shell and egg yolks 
suitable for human consumption, 
fresh, dried, cooked by steaming or 
by boiling in water, moulded, frozen 
or otherwise preserved, whether or 
not containing added sugar or other 
sweetening matter' 
8. 7. 88 Official Journal of the European Communities No C 179/11 
2. For the purposes of this Regulation: 
(a) 'eggs in shell' means poultry eggs in shell, fresh, 
preserved, or cooked, other than eggs for 
hatching specified in (b); 
(b) 'eggs for hatching' means poultry eggs for 
hatching; 
(c) 'whole products' means birds' eggs not in shell, 
whether or not containing added sugar or other 
sweetening matter suitable for human 
consumption; 
(d) 'separated products' means birds' egg yolks, 
whether or not containing added sugar or other 
sweetened matter suitable for human 
consumption; 
(e) a 'quarter' means a period of three months 
beginning on 1 February, 1 May, 1 August or 1 
November.' 
2. Annex I is replaced by the Annex to this Regulation. Article 2 
Regulation (EEC) No 4000/87 is hereby repealed. 
Article 3 
The Commission, in accordance with the procedure 
provided for in Article 17 of Regulation (EEC) No 
2771/75, shall make the necessary adaptations to 
Council or Commission acts concerning the common 
organization of the market in eggs which result from the 
application in Article 1. 
Article 4 
This Regulation shall enter into force on the day of its 
publication in the Official Journal of the European 
Communities. 
It shall apply with effect from 1 January 1988. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States. 
No C 179/12 Official Journal of the European Communities 8. 7. 88 
ANNEX 
'ANNEX I 
CN code 
ex 0403 
1806 
ex 1901 
1902 11 00 
ex 1904 
ex 1905 
1905 20 
1905 30 
1905 40 00 
1905 90 40 
1905 90 50 
1905 90 60 
1905 90 90 • 
ex 2105 00 
ex 2208 90 
ex 3502 10 
3502 10 91 
3502 10 99 Description 
Buttermilk, curdled milk and cream, yogurt, kephir and other fermented or 
acidified milk and cream, whether or not concentrated or containing added sugar 
or other sweetening matter or flavoured or containing added cocoa 
-Chocolate and other food preparations containing cocoa 
Food preparations of goods of heading Nos 0401 to 0404, containing cocoa 
powder, not elsewhere specified or included 
Uncooked pasta, not stuffed or otherwise prepared, containing eggs 
Prepared food, obtained by the swelling or roasting of cereals or cereal products 
(for example, corn flakes); cereals, other than maize (corn), in a grain form, pre­
cooked or otherwise prepared containing cocoa 
Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing 
cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, 
sealing wafers, rice paper and similar products: 
— Gingerbread and the like 
— Sweet biscuits; waffles and wafers 
— Rusks, toasted bread and similar toasted products 
— Other 
Ice cream and other edible ice, containing cocoa 
Spirits, liqueurs, and other spirituous beverages containing eggs or egg yolk 
— Egg albumin: 
Other: 
Dried (in sheets, scales, flakes, powders etc.) 
Other'