Commission Regulation (EC) No 318/2003 of 19 February 2003 amending Regulation (EEC) No 1274/91 introducing detailed rules for implementing Regulation (EEC) No 1907/90 on certain marketing standards for eggs
Date: 2003-02-19
Institutions: European Commission
Subjects: egg, labelling, marketing standard, packaging

L 46/20

EN

Official Journal of the European Union

20.2.2003

COMMISSION REGULATION (EC) No 318/2003

of 19 February 2003

amending Regulation (EEC) No 1274/91 introducing detailed rules for implementing 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,

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:

Commission Regulation (EEC) No 1274/91 (3), as last
amended by Regulation (EC) No 45/2003 (4), lays down
the necessary provisions for
the implementation of
marketing standards in the egg sector.

Article 31(1)(a) of Regulation (EEC) No 1274/91 refers
to checks carried out in the packing centres on graded
eggs ready for dispatch and not
to checks on eggs
leaving the packing centres. Therefore, an amendment of
the current wording of Article 31(1)(a) should be made
accordingly in order to avoid any confusion or misinter-
pretation.

In order to ensure proper land management and to
prevent a build-up of harmful diseases, the open-air runs
for laying hens may need to be rotated. Birds should be
given even access to the whole paddock area and, where
rotation on extensive free range system with at least
10 m2 per hen is practised, each bird should be ensured
at all times at least 2,5 m2.

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

(1)

(2)

(3)

(4)

(5)

Article 1

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

1.

2.

in Article 31(1)(a),
the introductory phrase ‘on dispatch
from the packing centre:’ is replaced by the phrase ‘at the
packing centre, ready for dispatch:’;

in Annex III, the third indent of point (a) is replaced by the
following:
‘— the open-air runs must at least satisfy the conditions
specified in Article 4(1)(3)(b)(ii) of Council 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;
however, where at least 10 m2 per hen is available and
where rotation is practised and hens are given even
access to the whole area over the flock's life, each
paddock used must at any time assure at least 2,5 m2
per hen,

— the open-air runs do not extend beyond a radius of
150 m from the nearest pophole of
the building;
however 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 distrib-
uted throughout the whole open-air run with at least
four shelters per hectare.’

Article 2

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

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

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

Done at Brussels, 19 February 2003.

For the Commission

Franz FISCHLER

Member of the Commission

(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 7, 11.1.2003, p. 60.