Proposal for a COUNCIL DECISION Laying down specific public health conditions for putting on the market of certain types of eggs
Date: 1994-06-09
Institutions: European Commission
Subjects: egg, health control, labelling, marketing standard, preparation for market

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. 

(presented  by  the  Commission) 

J if 

.11 
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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 

For the purposes of this Decision, the definitions  given  in Council  Regulation 

1. 
(EEC) N°  1907/90 and in Commission Regulation (EEC) N°  1274/91 shall apply. 

However,  for  the  purpose  of  this  Decision  eggs  mean  hen  eggs  intended  for 

2. 
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. 

This Decision shall apply from 1  June 1994. 

Article 7 

This Decision is addressed to the Member States. 

Article  3 

Done at Brussels 

For the Council 

s 

A N N EX 

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 

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ISBN 92-77-69376-2 

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