Proposal for a COUNCIL REGULATION amending Regulation (EEC) No 1907/90 on certain marketing standards for eggs

(presented by the Commission)

EXPLANATORY MEMORANDUM

By Regulation (EC) No 5/2001 amending Regulation (EEC) No 1907/90 on certain marketing standards for eggs the Council introduced compulsory marking of table eggs in the Community with a producer code permitting the farming method to be identified as from 1 January 2004.

In the same Regulation the Council asked the Commission to present a report in the following terms: " The Commission shall submit to the Council by no later than 30 June 2003 a report on developments with regard to egg consumption, the wishes of consumers and of consumers organisations and the issue of egg marking and monitoring, together with suitable proposals".

This report should furthermore, according to recital 6 of the said Regulation, look at "developments in the area of food hygiene rules, particularly as regards washed eggs, and on the outcome of World Trade Organisation negotiations".

The present report answers these requests. It is based, amongst other, on two expert group meetings to which representative from producers, trade and consumers organisations had been invited. Furthermore, the question of egg washing has been examined with experts and during a visit to Sweden. Finally, this report does not refer to WTO negotiations as these talks are still in a preparatory stage.

The main conclusions of the report are:

1. In order to facilitate control of egg sales in local markets, also eggs sold by producers from their own production in these markets should be stamped.

2. Washing of table eggs under strict surveillance should be authorised for a transitional period of three years for packing establishments, which, on 1 June 2003 had been approved to this end. The European Food Safety Authority should prepare a comprehensive scientific report on washing of table eggs by 31 December 2005.

3. The Commission will promote campaigns run by professional organisations aiming at information of consumers about the new rules for egg marking.

4. The Commission will adapt Regulation (EEC) No 1274/91 with a view to provide, on the one hand, for sufficient flexibility in particular for small producers on the question where eggs should be stamped (farm or packing centre) and, on the other hand, for additional guarantees to prevent fraudulent practices in trade at the level of producers, packers and wholesalers. Within this Regulation the Commission will also propose adaptations concerning identification marking of packing centres and will take the necessary measures to avoid any overlapping between marketing standards and future Community rules on hygiene in particular as regards the approval of such establishments.

Council Regulation (EEC) No 1907/90 should therefore be amended as regards the first and the second conclusion.

Proposal for a COUNCIL REGULATION amending Regulation (EEC) No 1907/90 on certain marketing standards for eggs

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Council Regulation (EEC) No 2771/75 of 29 October 1975 on the common organisation of the market in eggs [1], and in particular Article 2(2) thereof,

[1] OJ L 282, 1.11.1975, p. 49. Regulation as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

Having regard to the proposal from the Commission [2],

[2] OJ C ..., ..., p. ...

Whereas:

(1) Community legislation provides, starting from 1 January 2004, for only two categories of eggs. Class B eggs should not be sold as table eggs any longer. This creates a certain concern especially in some Member States where the washing of eggs is common and the consumer's preference is in favour of buying washed eggs. The Commission has therefore been asked to allow the practice of washing eggs to continue.

(2) Allowance should be made for table eggs to be washed on a voluntary basis on the basis of a derogation. In this case, washed eggs should conform with criteria of class A eggs but should be labelled as "washed eggs" on the pack. This derogation should be subject to the adoption of strict standards and controls by the competent authority and followed up by in depth-scientific studies on egg washing.

(3) The provisions of Council Regulation (EEC) No 1907/90 [3] have in the past not been applied for egg sales by the producers on local markets except auction markets. Control of this derogation has proved to be difficult in particular regarding its limitation to the farmers' own production. In order to facilitate controls producers should be obliged to stamp table eggs destined for being sold in local markets.

[3] OJ L 173, 6.7.1990, p. 5. Regulation as last amended by Regulation (EC) No 5/2001 (OJ L 2, 5.1.2001, p. 1).

(4) Following the merging of class B and C as from 1 January 2004, class B eggs can only be sold to the food and non-food industry. Certain provisions regarding marking of these eggs and their packs should be adapted.

(5) Regulation (EEC) No 1907/90 should therefore be amended,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 1907/90 is hereby amended as follows:

(1) In Article 2(3), the following second subparagraph is added:

"Eggs sold by the producer in a local public market shall however be stamped in accordance with Article 7(1)(a)."

(2) In Article 6, the following paragraph 4 is added:

"4. Packing centres that have been authorised to wash table eggs on 1 June 2003 at the latest may, for a transitional period until 31 December 2006, be authorised to continue to wash eggs, under strict surveillance of the competent authority, for delivery to the final consumer. Eggs referred to in the first subparagraph shall be in conformity with the criteria of class A eggs but shall be graded as "washed eggs" and labelled as such on the packs. Member States shall inform the Commission and other Member States on the names and addresses of the packing centres authorised and the surveillance measures applied."

(3) Article 7(1)(a) is replaced by the following:

"(a) A code designating the producer's distinguishing number and permitting the farming method to be identified shall be stamped on class A eggs and on "washed eggs" within the meaning of Article 6(4)."

(4) In Article 8, paragraphs (2) and (3) are replaced by the following:

"2. Class A eggs which no longer have the characteristics fixed for that grade shall be downgraded to class B. They shall be delivered directly to food industry undertakings approved in accordance with Directive 89/437/EEC or the non-food industry, and their packs be clearly marked to show this destination."

(5) In Article 10(1), point (f) is deleted.

(6) In Article 15(b), point (ee) is replaced by the following:

"(ee) the date of packing and the date of minimum durability followed by appropriate storage recommendations, for class A eggs, and the packing date for class B eggs".

Article 2

This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 January 2004.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

For the Council

The President

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