COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(94) 213 final 
Brussels, 09.06.1994 
Proposal for a 
COUNCIL DECISION 
Laying down specific public health conditions for putting on the market of certain 
types of eggs. 
J if 
.11 
. m (presented by the Commission) 
EXPLANATORY MEMORANDUM 
In application of Annex II, Chapter 2, first indent of Council Directive 92/118/EEC of 
17 December 1992 laying down animal health and public health requirements 
governing trade in and imports into the Community of products not subject to the said 
requirements laid down in specific Community rules referred to in Annex A (I) to 
Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EECO, the 
Commission shall establish, before 1 January 1994, the public health conditions for 
the putting on the market of eggs intended for human consumption. 
The purpose of this draft decision is to fix specific public health conditions for eggs 
intended for human consumption which are compatible with the conditions laid down 
in the framework of the marketing regulations for eggs. In order to safeguard public 
health, rules combining temperature conditions and storage periods are provided for. 
These proposed conditions take into account the advice of the Scientific Veterinary 
Committee. Derogative conditions are included for direct sales to the consumer. 
This draft Decision has no financial consequences on the budget of the European 
Community. 
The Commission, not having received a qualified majority in the Standing Veterinary 
Committee, is now submitting the proposal to the Council under article 18 of Council 
Directive 92/118/EEC. 
This proposal is presented with this objective. 
(')OJ.NoL62, 15.03.1993, p. 49 
PROPOSAL FOR A 
COUNCIL DECISION 
of 
laying down specific public health conditions for the putting on the markel of certain 
types ofeggs 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Community, 
Having regard to the proposal from the Commission, 
Having regard to Council Directive 92/118/EEC of 17 December 1992 laying down 
animal health and public health requirements governing trade in and imports into the 
Community of products not subjected to the said requirements laid down in specific 
Community rules referred to in Annex A (I) to Directive 89/662/EEC and, as regards 
pathogens, to Directive 90/425/EECO), and in particular annex II, chapter 2, first 
indent, 
Whereas the general provisions applicable to trade in the Community are already laid 
down in Chapter II of Directive 92/118/EEC; whereas however it is necessary to lay 
down specific public health conditions for the putting on the market of eggs in 
conformity with Annex II, Chapter 2 of the Directive mentioned above; whereas 
priority should be given to certain categories of hen eggs intended for direct human 
consumption and which are not used for the production of egg products in accordance 
with Council Directive 89/43 7/EEC of 20 June 1989 on hygiene and health problems 
affecting the production and the placing on the market of egg products*2) as last 
amended by Directive 91/684/EEC<3>; 
Whereas it is appropriate that the conditions take into account the provisions of 
Council Regulation (EEC) N° 1907/90 of 26 June 1990 on certain marketing standards 
for eggs<4) as amended by Regulation (EEC) N°2617/93<5) and of Commission 
Regulation (EEC) N° 1274/91 of 15 May 1991 introducing detailed rules for 
implementing Regulation (EEC) N° 1907/90 on certain marketing standards for 
eggs<6), as last amended by Regulation (EEC) N°3300/93<7> ; 
0) O.J. No L 62, 15.03.1993, p. 49 
<2> O.J. No L 212, 22.07.1989, p. 87 
<3> O.J. No L 376, 31.12.1991, p. 38 
<4> O.J. No L 173, 06.07.1990, p. 5 
<5> O.J. No L 240, 25.09.1993, p. 1 
<6)O.J. NoL 121, 15.05.1991, p. 11 
<7> O.J. No L 296, 01.12.1993, p. 52 
a 
Whereas as regards storage conditions, it is necessary to refer to the advice of the 
Report of the Scientific Veterinary Committee; 
Whereas under specific climatic conditions where storage temperatures cannot be 
respected, the shelflife of eggs should be adapted to authorise local sales; 
Whereas purchasers should be correctly informed about kitchen hygiene requirements; 
Whereas the Standing Veterinary Committee has not given a favourable opinion, 
HAS ADOPTED THIS DECISION: 
Article 1 
1. For the purposes of this Decision, the definitions given in Council Regulation 
(EEC) N° 1907/90 and in Commission Regulation (EEC) N° 1274/91 shall apply. 
2. However, for the purpose of this Decision eggs mean hen eggs intended for 
human consumption of the following types: 
- Grade 'A'; 
- non refrigerated or non preserved types of Grade 'B'; 
- ungraded eggs. 
3. This Decision shall not apply if eggs are intended to be used for the production 
of egg products or delivered to food industry undertakings approved in accordance 
with Directive 89/437/EEC, provided that packs containing them are clearly marked 
to show this destination. 
Article 2 
At the producer's premises and until the sale to the consumer, eggs shall be kept dry, 
out of direct sunshine and shall be stored and transported at a preferably constant 
temperature. 
Article 3 
1. Notwithstanding the collection and packing time limits fixed by article 1 of 
Commission Regulation (EEC) N° 1274/91, the maximum temperature and the 
maximum sell by period laid down in the Annex shall apply. 
2. Member States may fix lower temperatures for egg storage premises situated on 
their territory and for transport between such premises. 
5 
3. The respective sell by period shall correspond to the date of minimum durability 
less seven days. 
4. In specific climatic conditions leading to storage temperatures greater than 20°C, 
in particular in certain retail sales outlets, Member States shall, where applicable 
in collaboration with the competent authorities of neighbouring Member States, 
lake appropriate measures to reduce the maximum sell by period fixed in the 
Annex. 
Where, however, respecting the provisions in this Decision in such specific 
climatic conditions could lead to serious difficulties for meeting consumption 
needs, Member States may be authorised in accordance with the procedure in 
article 18 of Council Directive 92/118/EEC, where applicable in collaboration 
with the competent authorities of neighbouring Member States, to increase the 
maximum sell by period fixed in the Annex and authorise the marketing of those 
eggs for local distribution and sale in the geographic region concerned, insofar as 
these measures ensure adequate information to the public and the absence of 
public health risk. 
Article 4 
In accordance with the procedure provided for in article 18 of Directive 92/118/EEC, 
on request of a Member State and following the opinion of the Scientific Veterinary 
Committee, the Commission may decide on an extension of the sell-by period laid 
down in the Annex, provided that the eggs are marketed through a closed cool chain 
approved by the competent authorities. 
Article 5 
The provisions of article 3 shall not apply to eggs sold directly to the consumer for his 
own use by the producer on his own farm, in a local public market, with the exception 
of auction markets, or by door to door selling, provided that: 
a) the eggs are: 
- from his own production, 
- kept dry and out of direct sunshine, 
- sold to the consumer within 10 days after laying, 
b) the date of minimum durability is indicated clearly to the consumer by: 
i) a notice on the stall or vehicle clearly showing the best before date, 
or 
ii) a pre-printed note on the package or given with the eggs to the consumer at the 
time of purchase. 
H-
Article 5 bis 
Only eggs packaged in small or large packs, in accordance with the requirements of 
Regulation (EEC) 1907/90 and 1274/91, or egg products in accordance with Directive 
89/437/EEC may be used in catering kitchens including restaurants and for the 
preparation of non-industrial scale egg products or products containing eggs 
Article 6 
Notwithstanding the indications imposed by Regulation (EEC) N° 1907/90, large 
packs, and small packs even when contained in large packs, shall from the 1 of 
November 1994 bear on the outer surface in clearly visible and legible type an 
indication to recommend purchasers to cook eggs thoroughly if consumed after the 
date of minimum durability. In case of loose egg sales, equivalent wording shall be 
indicated in such a manner as to be clearly visible and unequivocal to the consumer. 
This wording may be contained in a pre-printed note given with the eggs to the 
consumer at the time of purchase. 
Article 7 
This Decision shall apply from 1 June 1994. 
Article 3 
This Decision is addressed to the Member States. 
Done at Brussels For the Council 
s 
ANNEX 
MAXIMUM TEMPERATURE AND MAXIMUM SELL BY PERIOD 
Temperature 
<26?€ 
Laying date indicated 21 days after laying 
Packed within 4 days after laying (1 ) 17 days after packing 
Packed within 8 days after laying (1) 13 days after packing 
I ; 
(1) To be proven by the packer to the competent authorities. 
<o 
ISSN 0254-1475 
COM(94) 213 final 
DOCUMENTS 
EN 03 
Catalogue number : CB-CO-94-227-EN-C 
ISBN 92-77-69376-2 
Office for Official Publications of the European Commonities 
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