Council Regulation (EC) No 2052/2003 of 17 November 2003 amending Regulation (EEC) No 1907/90 on certain marketing standards for eggs
Date: 2003-11-17
Institutions: Council of the European Union
Subjects: egg, marketing standard

22.11.2003

EN

Official Journal of the European Union

L 305/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 2052/2003

of 17 November 2003

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

THE COUNCIL OF THE EUROPEAN UNION,

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)

from 1 January 2004, Community legislation
As
provides for only two categories of eggs. It will therefore
no longer be possible to sell class B eggs as table eggs.
This creates a certain concern especially in some
Member States where the washing of eggs is common
and the consumer's preference is in favour of buying
washed eggs. The Commission has therefore been asked
to allow the practice of washing eggs to continue.

Pending an exhaustive scientific report to be drawn up
by the European Food Safety Authority in order to iden-
tify any health risks connected with egg washing, it is
appropriate to provide for a derogation enabling table
eggs to be washed on a voluntary basis. In this case,
washed eggs should conform to the criteria laid down
for class A eggs but should be labelled as ‘washed eggs’
on the pack. This derogation should be subject to the
adoption, by the competent authority, of strict standards
and to the establishment of strict controls.

Likewise, in view of possible health hazards, the period
of this derogation should be limited and the areas for
the marketing of washed eggs restricted to those parts of
the Community's territory in which the competent
authorities responsible for issuing authorisations carry
out their controls.

The provisions of Council Regulation (EEC) No 1907/
90 (2) have in the past not been applied for egg sales by
producers on local markets except auction markets.
Control of this derogation has proved to be difficult in
particular regarding its limitation to the farmers' own

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

tion (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

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

(EC) No 5/2001 (OJ L 2, 5.1.2001, p. 1).

production.
In order to facilitate controls, producers
should affix their distinctive code on table eggs intended
for sale in local markets.

(5)

(6)

Following the merging of class B and C as from 1
January 2004, class B eggs can be sold only to the
industry. Certain provisions regarding marking of these
eggs and their packs should be adapted.

In view of the duration of transport and of climate
conditions, the preservation of eggs intended for the
retail trade in the French overseas departments presup-
poses the fulfilment of specific supply requirements;
authorisation should therefore be given for
eggs
intended for that part of the Community's territory to be
dispatched chilled.

(7)

Regulation (EEC) No 1907/90 should therefore be
amended,

HAS ADOPTED THIS REGULATION:

Article 1

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

1. The following subparagraph shall be added to Article 2(3):

‘However, eggs sold by the producer in a local public market
shall carry the code defined in Article 7(1)(a).’;

2. the following paragraphs shall be added to Article 6:

‘4.
Packing centres which, on 1 June 2003, were
authorised to wash eggs for delivery to the final consumer
may, for a transitional period until 31 December 2006, be
authorised to continue to wash such eggs, under strict
surveillance of the competent authority of the Member State
concerned. Such eggs may be marketed throughout all parts
of the Community's territory in which the Member States'
authorities which issued the authorisations exercise their
powers.

L 305/2

EN

Official Journal of the European Union

22.11.2003

Washed eggs shall conform to the criteria of class A eggs
but shall be graded as “washed eggs”.

Member States shall
inform the Commission and other
Member States of the names and addresses of the authorised
packing centres and the surveillance measures applied.

5.
Eggs intended for the retail trade in the French over-
seas departments may be dispatched chilled to that part of
the Community's territory. In that case, in view of the time
required for transport, the maximum time limit for delivery
to the consumer provided for in Article 3(1) of Council
Decision 94/371/EC shall be established in accordance with
the procedure laid down in Article 17 of Regulation (EEC)
No 2771/75.’;

3. point 1(a) of Article 7 shall be replaced by the following:

‘(a) Class A eggs and washed eggs shall be stamped with a
code designating the producer's distinguishing number
and permitting the farming method to be identified.’;

4. paragraphs (2) and (3) of Article 8 shall be replaced by the

following:
‘2.
Class A eggs and washed eggs which no longer have
the characteristics fixed for those grades shall be down-
graded to class B. They shall be delivered directly to food
industry undertakings approved in accordance with Direc-
tive 89/437/EEC or the non-food industry, and their packs
shall be clearly marked to show this destination.’;

5. points (e), (f) and (g) of Article 10(1) shall be replaced by

the following:
‘(e) the date of minimum durability followed by appropriate
for class A eggs and for

storage recommendations,
washed eggs;

(f) the packing date for class B eggs;
(g) the farming method for class A eggs and for washed
eggs. These particulars shall be used pursuant to rules
to be determined in accordance with the procedure laid
down in Article 20;

(h) particulars as to refrigeration,

in
respect of eggs sold in the French overseas departments;
(i) the wording “washed eggs” for eggs authorised to be

in uncoded form,

washed in accordance with Article 6(4).’;

6. Article 13 shall be replaced by the following:

‘Article 13

1.
Eggs displayed or offered for sale in the retail trade
shall be presented by quality and weight gradings and by
farming method. The different quality and weight gradings
as well as the farming method shall be indicated on the
display shelves of the eggs in such a manner as to be clearly
and unambiguously visible to the consumer.

The following additional information shall be given in

2.
the case of loose eggs displayed for sale:
(a) the identification number of the packing centre which
graded the eggs or, in the case of imported eggs, the
third country of origin;

(b) the date of minimum durability followed by appropriate

storage recommendations;

(c) particulars as to refrigeration,

in
respect of eggs sold in the French overseas departments;

in uncoded form,

3.
Class A eggs, except for class A eggs marked “extra” in
accordance with Article 12, may be sold in small packs
which may be of different weight grading. In this case, the
packs shall carry additional information giving the total net
weight and shall either be marked “eggs of different sizes”
or shall give an indication of the various weight gradings.’;

7. point (ee) of Article 15(b) shall be replaced by the following:
‘(ee) the date of packing and the date of minimum
durability followed by appropriate storage recommen-
dations, for class A eggs, and the packing date for class
B eggs’.

Article 2

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

It shall apply from 1 January 2004, with the exception of
Article 1(1) which shall apply as from 1 July 2005.

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

Done at Brussels, 17 November 2003.

For the Council

The President

G. ALEMANNO