Commission Regulation (EC) No 1651/2001 of 14 August 2001 amending Regulation (EEC) No 1274/91 introducing detailed rules for implementing Council Regulation (EEC) No 1907/90 on certain marketing standards for eggs
Date: 2001-08-14
Institutions: European Commission
Subjects: egg, labelling, laying poultry, livestock farming, marketing standard, packaging, product life

15.8.2001

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COMMISSION REGULATION (EC) No 1651/2001

of 14 August 2001

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

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 5/2001 (2), and in particular
Article 10(3) and Article 20(1) and (4) thereof,

Whereas:

(7)

(1)

(2)

(3)

(4)

(5)

Commission Regulation (EEC) No 1274/91 (3), as last
amended by Regulation (EC) No 505/98 (4), lays down
the necessary provisions for
the implementation of
marketing standards in the egg sector.

In order to improve the traceability of eggs and the
accuracy of date indications by packing centres, provi-
sions to identify deliveries of eggs from producers to
packing centres
should be reinforced in particular
regarding the indication of the laying date or laying
period on the container at the production site as well as
for the dispatch of ungraded eggs between packing
stations.

In the case of automated egg-candling systems,
it is
appropriate to authorise Member States to dispense with
continuous manning of the machine.

In order to ensure adherence to the existing weight
grades comprising weight ranges of 10 g, rules should
be reinforced to prevent splitting weight grades into two
bands using different pack colours or symbols with
thus undermining orderly
different price structure,
marketing and clear information of consumers.

(8)

Experience has shown that it is not necessary to link the
derogation permitting the delivery of non-packed eggs in
small quantities directly from packer to retailer to the
distance of delivery. The obligation to indicate the
grading date must be replaced by the indication of the
best-before date which is the compulsory date to be
shown.

(6)

The definitions of the date of minimum durability and of
the recommended sell-by date should be clarified and be
linked to the maximum time limit of 21 days after

(1) OJ L 173, 6.7.1990, p. 5.
(2) OJ L 2, 5.1.2001, p. 1.
(3) OJ L 121, 16.5.1991, p. 11.
(4) OJ L 63, 4.3.1998, p. 16.

laying for the delivery of eggs to the consumer laid
down in Council Decision 94/371/EC of 20 June 1994
laying down specific public health conditions for the
putting of the market of certain types of eggs (5), which
implies a maximum of not more than 28 days after
laying for the date of minimum durability.

indication of

Based on the experience gained and following the adop-
tion of Council Directive 1999/74/EC of 19 July 1999
laying down minimum standards for the protection of
the detailed provisions regarding the
laying hens (6),
optional
the various farming methods
should be adapted with a view to reducing the number
of such methods and to redefine the terms which may
be used in the different Community languages in partic-
ular for the keeping of hens in battery cages. Further-
more, the minimum requirements to be met by poultry
establishments for the various farming methods should
be brought
in line with the provisions of Directive
1999/74/EC although certain additional criteria should
be laid down for free range eggs in order to prevent
abuse of open-air runs. It is also necessary to provide for
more detailed rules regarding record keeping by opera-
tors in order to improve monitoring of product flow.
Finally optional indication of farming methods should
be extended to cover eggs for processing in order to
promote the marketing of egg products manufactured
from eggs of different types and their control.

For the optional indication of eggs and their packs of
how laying hens are fed, detailed rules must be laid
down including in particular provisions which allow to
monitor the flow of eggs produced from hens which are
fed on a specific type of feed. These rules should provide
for minimum rates for the incorporation of cereals when
reference is made to their use in the feed of laying hens
for which Member States may fix stricter requirements
the Member State
applicable only to producers of
concerned and not impeding exchange of eggs in the
Community. Supervision of
these rules may also be
delegated to bodies which are independent of producers
and which should be allowed to recover the costs of
controls from operators making use of the indications of
how hens are fed and of the farming method in view of
the optional character of these indications.

(5) OJ L 168, 2.7.1994, p. 34.
(6) OJ L 203, 3.8.1999, p. 53.

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(9)

(10)

(11)

Article 28 of Regulation (EEC) No 1274/91 provides
that in the case of sales to the ultimate consumer the
forms of wording for use on eggs and packs are to be
expressed in a language or languages easily understood
by purchasers in the Member State in which retailing
takes place. This provision should be repealed as Article
16 of Directive 2000/13/EC of the European Parliament
and of the Council of 20 March 2000 on the approx-
imation of the laws of the Member States relating to the
labelling, presentation and advertising of foodstuffs (1)
applies.

It is therefore necessary to amend Regulation (EEC) No
1274/91 accordingly.

In order to assure a smooth transition to the new
system, rules applying before 1 July 2001 on indications
of how hens are fed should continue to apply until the
date of application of this Regulation. For other than
newly built or rebuilt alternative production systems,
minimum requirements laid down in Annex II(c) and (d)
to Regulation (EEC) No 1274/91 applicable before the
entry into force of this Regulation should continue to
apply until the dates specified in Article 4 of Directive
1999/74/EC.

(12)

The Management Committee for Poultrymeat and Eggs
has not delivered an opinion within the time limit set by
its chairman,

2. Point (a) of Article 3(3) is replaced by the following:

‘(a) suitable candling equipment continuously manned
throughout and allowing the quality of each egg to be
examined separately. Where use is made of an auto-
matic machine for candling, sorting and grading, the
equipment must
include an independent candling
lamp. In the case of automated systems, the competent
authority may dispense with continuous manning of
the machine;’

3. Article 8(2) is replaced by the following:

On packs the weight-grading shall be indicated by
‘2.
the respective letters or by the respective terms as defined
in paragraph 1 or by a combination of both, which may
be supplemented by the corresponding weight ranges. No
subdivision of the weight ranges referred to in paragraph 1
shall be made using different pack colours, symbols, trade-
marks or other indications.’

4. Article 12(4) is replaced by the following:

‘4.
The derogation referred to in Article 11(2) of Regu-
lation (EEC) No 1907/90 applies in the case of daily
quantities of less than 3 600 eggs per delivery and of less
than 360 eggs per buyer. The name, address and number
of the packing centre as well as the number of eggs,
quality and weight grades and date of minimum durability
shall be indicated on accompanying documents.’

HAS ADOPTED THIS REGULATION:

5. The following paragraph 1a is inserted in Article 14:

Article 1

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

1. Article 1(5) is replaced by the following:

‘5.
Each container shall be identified by the name and
address or registered number of the producer establish-
ment, the day or period of laying and the date of dispatch
before leaving the production site.

In the case of packing centres supplied from their own
production units situated at the same site with eggs which
are not in containers, identification shall take place at the
packing centre.

Where ungraded eggs are passed from the first packing
centre to other packing centres in different containers,
each container must be identified with this information
before leaving the packing centre.

Where the period of laying is indicated, the determination
of the date of minimum durability and of the recom-
mended sell-by date in accordance with Article 14(1a) and
Article 16(2) respectively shall be made starting from the
first date of that period.’

(1) OJ L 109, 6.5.2000, p. 29.

‘1a.
The date of minimum durability shall be the date
until which grade “A” eggs will retain the characteristics
described in Article 5(1) when properly stored. It shall be
fixed at not more than 28 days after laying.’

6. Article 16(2) is replaced by the following text:

The recommended sell-by date shall not exceed the
‘2.
maximum time limit
for the delivery of eggs to the
consumer of 21 days after laying as laid down in Article
3(1) of Council Decision 94/371/EC (*).

(*) OJ L 168, 2.7.1994, p. 34.’

7. Article 18 is amended as follows:

(a) Paragraph 1 is replaced by the following:

‘1.
In order to indicate the farming method as
referred to in Article 7 and Article 10(3) of Regula-
tion (EEC) No 1907/90 with the
exception of
organic or biological
referred to in
Council Regulation (EEC) No 2092/91 (*), on eggs
and on packs containing eggs, no other terms except
those set out hereunder and the corresponding terms
in the other Community languages listed in Annex II
may be used and in any case only if the relevant
conditions laid down in Annex III are fulfilled:

farming as

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On packs

On eggs

(d) Paragraph 6 is replaced by the following:

Free range eggs
range

Barn eggs

Eggs from caged hens

Free

Barn

Cage

These terms may be supplemented by indications
referring to the particular
the
respective farming method.

characteristics of

The terms on eggs may be replaced by a code desig-
nating the producer's distinguishing number permit-
ting to identify the farming method provided that
the meaning of the code is explained on the pack.

loose sales,

the indications of

In the case of
the
farming method may be used only if individual eggs
are marked at the farm or packing centre with the
respective term or the producer code,
if the latter
permits to identify the farming method, provided
that its meaning is explained on a separate sign.

When the Member States have attributed the distin-
guishing number referred to in Article 7 of Council
Directive 1999/74/EC (**) to producer establishments
covered by this Directive no other codes shall be
used.

If a Member State decides to attribute distinguishing
numbers also for establishments not
falling under
the scope of Directive 1999/74/EC no other codes
shall be used.

(*) OJ L 198, 22.7.1991, p. 1.
(**) OJ L 203, 3.8.1999, p. 53.’

(b) In paragraph 2, the introductory phrase of the first

subparagraph is replaced by the following:

‘2.
Packing centres authorised to use the terms
referred to in paragraph 1 shall keep a separate
record by farming method for at least six months
after the producer ceases to supply eggs or after the
flock is disposed of:’

(c) Paragraph 4 is replaced by the following:

‘4.
Eggs as referred to in paragraph 1 shall be
delivered to packing centres and to food industry
undertakings approved in accordance with Directive
89/437/EEC in containers bearing one of the terms
referred to in paragraph 1 in one or more
Community languages. Containers shall be identified
by name and address or
registered number of
producer, type of eggs, their number or weight and
date of dispatch before leaving the production site.
The date of delivery and records of all
information
on containers, and of physical stocks on a weekly
basis shall be kept at the packing centre and food
industry establishment
least six
months.’

for a period of at

‘6.
Packing centres as referred to in paragraph 2
shall keep separate records of daily quality and
weight grading and of sales of eggs and small packs
marked in accordance with paragraph 1 including
the name and address of buyer, number of packs,
the number and/or weight of eggs sold by grade of
weight and date of delivery as well as of physical
Instead of keeping sales
stocks on a weekly basis.
records, they may, however, keep files of invoices or
delivery notes marked as indicated in paragraph 1.
Such records and files shall be kept for at least six
months.’

(e) In paragraph 6a, the introductory phrase of the first

subparagraph is replaced by the following:

Collectors and wholesalers are required to
‘6a.
maintain records on purchases and sales transactions
and physical stock records for eggs referred to in
paragraph 1(a) and (b), for a period of at least six
months.’

(f) Paragraph 7a is replaced by the following:

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

(g) The following paragraph 7b is inserted:

Packs

containing

eggs destined for

‘7b.
food
industry undertakings approved in accordance with
Directive 89/437/EEC may be marked with the indi-
cations referred to in paragraph 1 provided that the
eggs are produced in poultry establishments meeting
the respective requirements set out in Annex III and
that
the monitoring measures referred to in para-
graphs 2 to 6 are applied.’

8. Article 18a(1) is replaced by the following:

The Member States shall take all measures neces-
‘1.
sary to ensure the confidential character of information
to Article 17, Article 18(2), Article
supplied pursuant
18c(1) and Article 19(2)
insofar as natural persons are
concerned.’

9. Article 18b is replaced by the following:

‘Article 18b

the indications of

Supervision of
the farming method
used as referred to in Article 18(1), including indications
regarding the particular characteristics of the respective
farming method and of indications how laying hens are
fed as referred to in Article 18c, may be delegated to
bodies designated by the Member Sates which provide
the necessary
the producers
concerned and which shall comply with the criteria set
out in European Standard No EN/45011 in force.

independence

vis-à-vis

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

The costs of controls charged by these bodies shall be
borne by the operator using the indications referred to
above.’

10. The following Article 18c is inserted:

‘Article 18c

Where grade A eggs and packs bear an indication of
how laying hens are fed, the following conditions and
those laid down in Annex IV shall apply:

registered number of

1. packing centres which make use of such indications
shall keep a detailed record of deliveries, showing the
name and address or
the
producer, the number or weight of eggs and the date
of delivery. The producer shall keep current record of
quantity and type of feed supplied and mixed on-site,
feed manufacturer or
date of supply and name of
supplier,
laying hens,
showing also the number of eggs produced and
delivered, the date of dispatch, and the names of the
purchaser.

and age of

the number

These records shall be kept for at least six months
after the producer ceases to supply eggs or after the
flock is disposed of;

2. feed manufacturers and suppliers shall keep records
showing the composition of the feed supplied to the
producers referred to in paragraph 1 for at least six
months after dispatch;

3. packing centres as referred to in paragraph 1 shall
keep separate records of the daily quality and weight
grading and sales of small packs and of eggs marked
including
with the terms referred to in paragraph 1,
the number or
name and address of
weight of eggs sold and the date of delivery, as well
as of physical stocks on a weekly basis for a period
of at least six months.

the buyer,

Instead of keeping sales records, they may however
keep files of invoices or delivery notes bearing indi-
cations of how laying hens are fed;

4.

large packs containing eggs or small packs marked
with the indication of how laying hens are fed shall
bear the same indications. In the case of loose egg
sales, the indications may be used only if individual
eggs are marked with the respective terms;

5.

inspections regarding compliance with the statements
made shall be carried out at
the farm and feed
manufacturer at least once a year;

6. the provisions of paragraphs 1 to 4 shall apply
without prejudice
technical measures
to national
going beyond the minimum requirements set out in
Annex IV, which are applicable only to producers of
the Member State concerned, provided that they are
in
compatible with Community
conformity with the common marketing standards
for eggs;

law and

are

7. the national measures referred to in paragraph 6

shall be communicated to the Commission;

8. at any time and at the request of the Commission,
Member States
information
shall provide all
necessary for assessing the compatibility of the meas-
ures referred to in this Article with Community law
and their conformity with the common marketing
standards for eggs.’

the

11. Article 19(2) is replaced by the following:

Packing centres which make use of

‘2.
the terms
and/or symbols referred to in paragraph 1 shall keep a
detailed record of deliveries by origin, showing the name
and address or registered number of the producer, the
number or weight of eggs and the date of delivery. The
producer shall keep current records of the number and
age of
laying hens, showing also the number of eggs
produced and delivered, the date of dispatch, and the
names of the purchaser. Such records shall be kept for
at least six months after the producer ceases to supply
eggs or after the flock has been disposed of.’

12. Article 19(3) is replaced by the following:

Packing centres as referred to in paragraph 2 shall
‘3.
keep separate records of
the daily quality and weight
grading and sales of small packs and of eggs marked
with the terms and/or symbols referred to in paragraph
1, including name and address of the buyer, the number
or weight of eggs sold and the date of delivery, as well
as of physical stocks on a weekly basis for at least six
months. Instead of keeping records, they may however
keep files of invoices or delivery notes marked as indi-
cated in paragraph 1.’

13. Article 20(1),
following:

second

indent,

is

replaced by

the

the average number of
‘— annually, before 1 April,
laying hens present (1),
the number or weight of
eggs delivered as recorded in accordance with Article
18(2) and (7)(b) as well as the number or weight of
eggs sold as recorded in accordance with Article
18(6),

in the previous calendar year.’

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14. Article 28 is deleted.

15. In Annex I, 1. Date of minimum durability, the term

‘Cons. de pref. antes de’

is replaced by ‘Cons. pref.’

16. Annex II

is replaced by the text

in Annex I

to this

Regulation.

17. The text

in Annexes II and III

to this Regulation is

added as Annexes III and IV.

Article 2

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

Article 1 shall apply with effect from 1 January 2002. Rules
applying before 1 July 2001 on indications of how laying
hens are fed shall remain in force until 31 December 2001.

referred to in Annex II

the dates specified in Article 4 of Directive 1999/
Until
74/EC as
to this Regulation,
minimum requirements referred to in Annex II(c) and (d) of
Regulation (EEC) No 1274/91 applicable before the entry
into force of this Regulation continue to apply in the case
where other than newly built or rebuilt production systems
have not yet been brought into conformity with this Article.

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

Done at Brussels, 14 August 2001.

For the Commission

Franz FISCHLER

Member of the Commission

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ANNEX I

‘ANNEX II

Terms for the indication of the types of egg farming (a): on packs; (b) on eggs

Code

1

2

3

EN

FR

DE

IT

NL

DA

ES

PT

FI

SV

EL

a)

b)

a)

b)

a)

b)

a)

b)

a)

b)

a)

b)

a)

b)

a)

b)

b)

a)

b)

a)

b)

α)

β)

Free-range eggs

Free-range

Barn eggs

Barn

Eggs from caged hens

Cage

Œufs de poules élevées en
plein air

Œufs de poules élevées au sol Œufs de poules élevées en cage

Plein air

Poules au sol

Cage

Eier aus Freilandhaltung

Eier aus Bodenhaltung

Eier aus Käfighaltung

Freiland

Boden

Käfig

Uova da allevamento all'aperto

Uova da allevamento a terra

Uova da allevamento in gabbie

Aperto

A terra

Gabbia

Eieren van hennen met vrĳe
uitloop

Scharreleieren

Kooieieren

Vrĳe uitloop

Frilandsæg

Frilandsæg

Scharrel

Skrabeæg

Skrabeæg

Kooi

Buræg

Buræg

Huevos de gallinas camperas

Huevos de gallinas criadas en
el suelo

Huevos de gallinas criadas en
jaulas

Camperas

Suelo

Jaulas

Ovos de galinhas criadas ao ar
livre

Ovos de galinhas criadas no
solo

Ovos de galinhas criadas em
gaiolas

Ar livre

Ar livre

Solo

Solo

Jaulas

Gaiolas

Ulkokanojen munia

Lattiakanojen munia

Häkkikanojen munia

Ulkokanan

Lattiakanan

Häkkikanan

Ägg från utehöns

Ägg från frigående höns inom-
hus

Ägg från burhöns

Frigående (alt. Frig.) ute

Frigående (alt. Frig.) inne

Burägg

Αυγά ελεύθερης βοσκής

Αυγά δαπέδου µε στρωµνή

Αυγά κλωβοστοιχίας

Ελεύθερης βοσκής

∆άπεδο µε στρωµνή

Κλωβοστοιχία’

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ANNEX II

‘ANNEX III

Minimum requirements to be met by poultry establishments for the various egg farming methods

(a) “Free range eggs” must be produced in poultry establishments which satisfy at least the conditions specified in Article

4 of Directive 1999/74/EC with effect from the dates referred to in that Article and in which:

— hens have continuous daytime access to open-air runs, except in the case of temporary restrictions imposed by

veterinary authorities,

— the open-air runs to which hens have access is mainly covered with vegetation and not used for other purposes
except for orchards, woodland and livestock grazing if the latter is authorised by the competent authorities,

— the open-air runs must at least satisfy the conditions specified in Article 4(1)(3)(b)(ii) of Directive 1999/74/EC
whereby the maximum stocking density is not greater than 2 500 hens per hectare of ground available to the hens
or one hen per 4 m2 at all times and the runs are not extending beyond a radius of 150 m from the nearest
pophole of the building; an extension of up to 350 m from the nearest pophole of the building is permissible
provided that a sufficient number of shelters and drinking troughs within the meaning of that provision are evenly
distributed throughout the whole open-air run with at least four shelters per hectare.

(b) “Barn eggs” must be produced in poultry establishments which satisfy at least the conditions specified in Article 4 of

Directive 1999/74/EC with effect from the dates referred to in that Article.

(c) “Eggs from caged hens” must be produced in poultry establishments which satisfy at least:

— the conditions specified in Directive 88/166/EEC until 31.12.2002,

— the conditions specified in Article 5 of Directive 1999/74/EC as from 1.1.2003 until 31.12.2011, or

— the conditions specified in Article 6 of Directive 1999/74/EC as from 1.1.2002.’

ANNEX III

‘ANNEX IV

Reference to the following particular feed ingredients may only be made where:

in the case of cereals, they account for at least 60 % in weight of the feed formula given which may include not more than
15 % of cereal by-products; however, where reference is made to specific cereals, each shall account for at least 30 % of
the feed formula used in the case of one cereal mentioned and for at least 5 % of several cereals mentioned.’