Council Regulation (EC) No 5/2001 of 19 December 2000 amending Regulation (EEC) No 1907/90 on certain marketing standards for eggs
Date: 2000-12-19
Institutions: Council of the European Union
Subjects: egg, labelling, marketing standard

5.1.2001

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Official Journal of the European Communities

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(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 5/2001

of 19 December 2000

amending Regulation (EEC) No 1907/90 on certain marketing standards for eggs

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community,

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,

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

(4)

Regulation (EEC) No 1907/90 (2)
marketing standards for eggs.

lays down certain

The method by which hens are farmed has become one
of the major factors for consumers when purchasing
eggs. The Commission has undertaken to propose an
amendment of the marketing standards and to make it
compulsory to indicate the farming method on eggs and
packs so that consumers are not liable to be misled. To
that end, clear and unambiguous compulsory labelling is
the only way of ensuring that the consumer is able to
make an informed choice between the various classes of
egg on the basis of the farming method. Appropriate
compulsory labelling is in line with the wishes expressed
by consumers and consumer organisations.

To supplement consumer information,
also indicate how the hens are fed.

labelling may

It is necessary for compulsory labelling to apply to all
eggs sold in the European Union and purchased by
consumers outside the place of production, whether
they are produced in the European Community or come
from third countries. However,
in the case of eggs
produced in third countries, indication of the farming
method may be replaced by the indication ‘farming
method not specified’ and by an indication of origin if
third country procedures do not offer sufficient guaran-

(1) OJ L 282, 1.11.1975, p. 49. Regulation as last amended by Regula-

tion (EC) No 1516/96 (OJ L 189, 30.7.1996, p. 99).

(2) OJ L 173, 6.7.1990, p. 5. Regulation as last amended by Regulation

(EC) No 818/96 (OJ L 111, 4.5.1996, p. 1).

(5)

(6)

tees as to equivalence with the technical rules and stan-
this will
dards applicable to Community procedures;
guarantee that such eggs can be distinguished from
those labelled by indicating the production method and
will make subsequent labelling with misleading indica-
tions unfeasible.

Second quality or preserved eggs, Class B, account for
only a minor part of the European Community market.
Most of the trade is geared to supplying consumers with
top-quality, Class A, eggs. The classification of eggs
should, therefore, be simplified and the current Classes B
and C (eggs intended for industry) should be amalga-
mated in a new Class B and the sale of such eggs should
be exclusively for processing purposes.

No later than six months before the introduction of the
compulsory indication of the farming method on eggs
and packs, the Commission should submit a report,
accompanied by suitable proposals taking account of the
report's conclusions, on developments in the area of
food hygiene rules, particularly as regards washed eggs,
and on the outcome of World Trade Organisation
negotiations,

HAS ADOPTED THIS REGULATION:

Article 1

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

1.

in Article 6(1):

(a) the third indent shall be deleted;

(b) the second indent shall be replaced by the following:

‘— class B or “second quality or downgraded eggs
intended for food industry undertakings approved
in accordance with Directive 89/437/EEC and the
non-food industry”.’;

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2. Article 7 shall be replaced by the following:

‘Article 7

1. (a) A code designating the producer's distinguishing
number and permitting the farming method to be
identified shall be stamped on class A eggs.

(b) The Commission shall evaluate the labelling methods
in force in exporting third countries. If it finds that
the procedures applied offer sufficient guarantees as
and
to equivalence with the
Community standards applicable, eggs
imported
from the countries concerned may be given a distin-
guishing code as mentioned in (a). If that is not the
case, however, imported eggs shall be given a distin-
guishing code enabling the unspecified nature of the
farming method and the country of origin to be
identified.

technical

rules

(c) The Commission shall, where necessary, negotiate
with those countries to arrive at appropriate ways of
offering guarantees of compliance with labelling
standards equivalent to Community procedures.

(d) Use of these indications shall be governed by condi-
tions to be determined in accordance with the proce-
dure laid down in Article 20.

One or more of the following distinguishing marks

2.
may be stamped on class A eggs:

(a) the date of minimum durability (“best before” date);

(b) one or more further dates aimed at providing the

consumer with additional

information;

(c) the quality grading;

(d) the weight grading;

(e) the packing centre number;

(f) the name or business name of the packing centre;

(g) the trade name or trade mark;

(h) an indication of the origin of the eggs.

The indications provided for in (f) and (g) shall be used only
in accordance with the relevant conditions laid down in the
second clause of
the sentence which constitutes Article
10(1)(a).

The indications provided for in (b) and (h) shall be used
only in accordance with the relevant conditions laid down
in Article 10(3).

Class A eggs may bear particulars of how laying hens are
fed. These particulars shall be used only in accordance with
the relevant conditions laid down in Article 10(3).’;

3. Article 8 shall be replaced by the following:

‘Article 8

1.
Class B eggs, except for cracked eggs, shall bear a
distinguishing mark showing their quality grading. They

may also bear one or more of the indications listed in
Article 7.

Class A eggs which no longer have the characteristics

2.
fixed for that grade shall be downgraded to class B.

In such a case, they shall bear a distinguishing mark in
accordance with paragraph 1. Any marks which may have
been used in accordance either with Article 7 or with
paragraph 1 of this Article may be retained, except for those
concerning weight grading, which shall be altered if appro-
priate.

3.
However, by way of derogation from paragraph 2,
class A eggs which no longer have the characteristics fixed
for that class may be delivered directly to food industry
undertakings approved in accordance with Directive 89/
437/EEC or the non-food industry, without the markings
referred to in paragraph 2, provided that their packs are
always clearly marked to show this destination.’;

4. Article 10 is hereby amended as follows:

(a) in paragraph 1, points (e) and (f) shall be replaced by the

following:

‘(e) the date of minimum durability (“best before” date)
followed by appropriate storage recommendations
for class A eggs, and the packing date for class B
eggs;

(f) particulars as to refrigeration or to the method of
preservation, in uncoded form, in respect of class B
eggs;

(g) the farming method for class A eggs. These particu-
lars shall be used pursuant to rules to be deter-
mined in accordance with the procedure laid down
in Article 20.’;

(b) the following point shall be added to paragraph 2:

‘(f) an indication of how laying hens are fed.’;

(c) paragraph 3 shall be replaced by the following:

Further dates and indications concerning the
‘3.
farming method, the origin of the eggs and how laying
hens are fed may be used only pursuant to rules to be
determined in accordance with the procedure laid down
in Article 20. These rules shall cover in particular the
criteria concerning the farming method, the origin of
the eggs and how laying hens are fed.

However, if use of the indications relating to the origin
of the eggs and the farming method should prove to be
harmful to the fluidity of the Community market, or if
serious difficulties arise regarding control of the use of
such indications and its effectiveness, the Commission,
acting under the same procedure, may suspend use of
the said indications.

Notwithstanding the above, where large packs contain
small packs or eggs marked with any reference to the
origin of the eggs, these particulars shall also be shown
on the large packs.’;

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5.

in Article 15(b), the following sub-point shall be added:

7. the following shall be inserted as Article 22a:

‘(gg) the farming method for the class A eggs referred to in
Article 10(1)(g), or the following indication: “farming
method not specified.”’;

6. the following paragraph shall be added to Article 20:

‘4.
In accordance with the procedure laid down in Article
17 of Regulation (EEC) No 2771/75, the Commission shall
adopt:

(a) the measures required to facilitate transition to the
arrangements set up by the second indent of Article
6(1), by Articles 7 and 8, by Article 10(1), (e), (f) and (g),
Article 10(2)(f), Article 10(3) and by Article 15(b), (gg);

‘Article 22a

The Commission shall submit to the Council by no later
than 30 June 2003 a report on developments with regard to
and of
the wishes of
egg consumption,
consumer organisations and the issue of egg marking and
egg monitoring, together with suitable proposals.’

consumers

Article 2

This Regulation shall enter into force on the day of its publica-
tion in the Official Journal of the European Communities.

It shall apply from 1 January 2004.

(b) measures which are both necessary and duly justified to
resolve, in an emergency, practical, specific and unfore-
seeable problems.’;

the last subparagraph of

the new Article 7(2)
However,
provided for in Article 1, point 2, Article 1, point 4(b) and (c)
and Article 1, points 6 and 7, shall apply from 1 July 2001.

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

Done at Brussels, 19 December 2000.

For the Council

The President

J. GLAVANY