Commission Regulation (EC) No 505/98 of 3 March 1998 amending Regulation (EEC) No 1274/91 introducing detailed rules for implementing Council Regulation (EEC) No 1907/90 on certain marketing standards for eggs
Date: 1998-03-03
Institutions: European Commission
Subjects: Finland, Sweden, administrative formalities, egg, marketing standard, preparation for market

L 63/16

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EN

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Official Journal of the European Communities

4. 3. 98

COMMISSION REGULATION (EC) No 505/98

of 3 March 1998

for
amending Regulation (EEC) No 1274/91 introducing detailed rules
implementing Council Regulation (EEC) No 1907/90 on certain marketing
standards for eggs

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty establishing the European
Community,

Article 1

Having regard to Council Regulation (EEC) No 1907/90
of 26 June 1990 on certain marketing standards for
eggs (1), as last amended by Regulation (EC) No 818/96 (2),
and in particular Articles 10(3) and 20(1) thereof,

Whereas Commission Regulation (EEC) No 1274/91 (3),
as last amended by Regulation (EC) No 1511/96 (4), lays
down the necessary provisions for the implementation of
marketing standards in the egg sector;

Whereas the frequency of collection of eggs might be
reduced from those producers who are in a position to
provide guarantees of maintaining the temperature at
which eggs are kept at the farm below 14 HC; whereas this
derogation should be limited to those Member States
where because of low production and population densities
high collections and distribution costs are the rule and
which record low average temperatures; whereas these
conditions are fulfilled for Finland and Sweden only;
whereas this measure should be applied as from 1 January
1998 in order to provide for a smooth transition to the
application of common egg standards in Sweden which
had been postponed until that date in accordance with
Article 149(1) of the Act of Accession by Commission
Regulation (EC) No 2059/96 (5);

Whereas in order to ensure better monitoring of the sales
of eggs from non-caged hens it is necessary to provide for
additional detailed records on the turn-over of these eggs
at the stage of collectors and wholesalers;

Whereas it is appropriate to authorise Member States to
delegate supervision of the correct labelling of eggs ac-
cording to the type of farming used to bodies which are
independent of producers;

Whereas the measures provided for in this Regulation are
in accordance with the opinion of
the Management
Committee for Poultrymeat and Eggs,

(1) OJ L 173, 6. 7. 1990, p. 5.
(2) OJ L 111, 4. 5. 1996, p. 1.
(3) OJ L 121, 16. 5. 1991, p. 11.
(4) OJ L 189, 30. 7. 1996, p. 91.
(5) OJ L 276, 29. 10. 1996, p. 11.

Regulation (EEC) No 1274/91 is hereby amended as
follows:

1. in article 1(1), the following subparagraph is added:

‘However, in Finland and Sweden delivery or collec-
tion from producers to packing centres or to the
industry may take place once a week only in those
cases where the temperature at which eggs are kept at
the farm is artificially maintained below 14 HC.’;

2. Article 18 is amended as follows:

— in paragraph 2 the following phrase is added to the

second subparagraph:

‘Such records shall be kept on-farm for at least six
months after the flock has been disposed of.’,

— the following paragraph 6a is inserted:

‘6a.
Collectors and wholesalers are required to
maintain records on purchases and sales transac-
tions and stock records for eggs referred to in para-
graph 1 (a),

(c) and (d).

(b),

Collectors shall be able to show for these eggs:

(a) dates and quantities of collections;

(b) the names and addresses of the producers;

(c) dates and quantities of deliveries to the relevant

packing stations.

Wholesalers (including dealers who do not phys-
ically handle eggs) shall be able to show for these
eggs:

(a) dates and quantities of both purchases and sales

(b) names

and

addresses

of

the

suppliers/

purchasers

In addition,
those wholesalers who physically
handle these eggs shall keep a weekly record of
physical stock.

Instead of keeping specific records on purchases
and sales transactions, collectors and wholesalers
may keep files of invoices or delivery notes marked
as indicated in paragraph 1.’,

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Official Journal of the European Communities

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— paragraph 7a is replaced by the following:

‘7a.
The provisions of paragraph 2 to 6a do not
apply when the term referred to in paragraph 1(e)
is used.’;

3. the following Article 18b is inserted:

‘Article 18b

designated by the Member States which provide the
necessary
producers
concerned and which shall comply with the criteria set
out in European Norm No En/45011 in force.

independence

vis-(cid:133)-vis

the

These bodies shall be licensed and supervised by the
competent authorities of the Member State concerned.’

Article 2

Supervision of the indications of the type of farming
used as referred to in Article 18(1), including indica-
tions regarding the particular characteristics of
the
respective type of farming, may be delegated to bodies

This Regulation shall enter into force on 1 May 1998.

However Article 1(1) shall apply with effect
January 1998.

from 1

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

Done at Brussels, 3 March 1998.

For the Commission

Franz FISCHLER

Member of the Commission