Commission Regulation (EC) No 2295/2003 of 23 December 2003 introducing detailed rules for implementing Council Regulation (EEC) No 1907/90 on certain marketing standards for eggs
Date: 2003-12-23
Institutions: European Commission
Subjects: egg, labelling, marketing standard, packaging

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COMMISSION REGULATION (EC) No 2295/2003

of 23 December 2003

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

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), and in
particular Articles 5(3), 6(5), 7(1)(d), 10(3), 11(2), 20(1) and
22(2) thereof,

Having regard to Council Regulation (EEC) No 2092/91 of 24
June 1991 on organic production of agricultural products and
indications referring thereto on agricultural products and food-
stuffs (2), and in particular Article 2 thereof,

Having regard to Commission Directive 2002/4/EC of 30
January 2002 on the registration of establishments keeping
laying hens covered by Council Directive 1999/74/EC (3), and
in particular points 2.1 and 2.3 of the Annex thereto,

(5)

Whereas:

(1)

(2)

(3)

Council Regulation (EEC) No 1907/90 has recently
undergone a number of radical amendments. The rules
laid down in Commission Regulation (EEC) No 1274/91
of 15 May 1991 introducing detailed rules for imple-
menting Regulation (EEC) No 1907/90 on certain
marketing standards for eggs (4) should be amended to
take account of these changes. In the interests of clarity
and legal certainty, Regulation (EEC) No 1274/91 should
be repealed and replaced by a new Regulation.

Both technological developments and consumer demand
now call for better traceability of products and prompter
delivery, collection, grading and packing of eggs.

However, certain producers are able to guarantee that
their eggs are kept at a constant temperature which
makes it possible to grant them a permanent exemption
from the general requirement of daily collection or
delivery in the case of eggs intended for marking with
the date of laying or labelling as ‘extra’ grade eggs as
provided for in Article 12 of Regulation (EEC) No 1907/
90. The applicable deadlines for collection and delivery
should therefore be laid down and the rules to be
applied in this case should be specified.

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

(EC) No 2052/2003 (OJ L 305, 22.11.2003, p. 1).

(2) OJ L 198, 22.7.1991, p. 1. Regulation as last amended by Commis-
sion Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

(3) OJ L 30, 31.1.2002, p. 44.
(4) OJ L 121, 16.5.1991, p. 11. Regulation as last amended by Regu-

lation (EC) No 326/2003 (OJ L 47, 21.2.2003, p. 31).

In order to guarantee the traceability of eggs and ensure
that their origin and production method can be verified,
each egg should also be marked with the distinguishing
number of the production establishment, in accordance
with Commission Directive 2002/4/EC, at the produc-
tion site (on the farm) or, at the latest, at the first
packing centre to which the eggs are sent. However,
marking at
the production site must be compulsory
where the eggs are to leave the territory of the country
of production, except where the producer has an exclu-
sive contract with the packing centre. Each container
must obligatorily be marked with the distinguishing
number of the production establishment and the date or
period of laying before leaving the production site.

In order to guarantee to consumers that the quality char-
acteristics for fresh eggs, also called grade A eggs, can be
checked and apply only to the best quality eggs, and that
certain eggs may be guaranteed ‘extra fresh’, criteria of a
high standard should be fixed for each quality grade,
especially stringent arrangements should apply to their
collection and further distribution, and eggs should be
graded and marked with the distinguishing number of
the production establishment and, where appropriate,
the date of laying.

(6)

(7)

Only undertakings whose premises and technical equip-
ment are suited to the scale of their operations and
which therefore permit
the proper handling of eggs
should be authorised to grade eggs by quality and
weight. In order to avoid confusion and facilitate identi-
fication of consignments of egg, each collector and
packing centre should be allotted a distinguishing regis-
tration number based on a uniform coding system.

Eggs of ordinary quality, whose characteristics do not
allow their inclusion in the grade ‘fresh eggs’, are to be
treated as second-quality eggs and graded accordingly. In
these eggs are largely intended for direct
practice,
delivery to the food industry,
including food industry
undertakings approved in accordance with Council
Directive 89/437/EEC of 20 June 1989 on hygiene and
health problems affecting the production and placing on
the market of egg products (5). Provided that the packs

(5) OJ L 212, 22.7.1989, p. 87. Directive as last amended by Regu-

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

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(8)

(9)

containing these eggs are labelled with the above desti-
nation, they need not in such cases bear the distin-
guishing mark which would otherwise identify them as
grade B eggs. Such marking should also rule out any
confusion, whether accidental or deliberate, with the
for
marking provided for in the case of eggs unfit
human consumption, which may be delivered only to
the non-food industry.

In addition to the mandatory date of minimum
durability for grade A eggs and the packing date for
grade B eggs for use on egg packs and the grading date
in the case of loose sales, relevant additional information
may be provided to consumers by the optional indica-
tion on eggs or packs of eggs of the recommended sell-
by date and best-before date and/or laying date. The
minimum keeping period should be linked to the quality
criteria applicable to eggs.

In order
to safeguard consumers against statements
which might otherwise be made with the fraudulent
intent of obtaining prices higher than those prevailing
for eggs of hens raised in batteries or standard grade
eggs, it is necessary to lay down minimum husbandry
criteria to be respected, except in the case of organic
rearing, which is covered by Regulation (EEC) No 2092/
91. Especially rigorous registration, record-keeping and
monitoring procedures should be laid down, in particu-
lar in the case of optional use of indications regarding
the date of laying, the type of poultry feed and the
region of origin.

(10) Under Article 7(1) of Regulation (EEC) No 1907/90, a
list of third countries offering sufficient guarantees as to
equivalence with Community standards
rearing
methods must be drawn up.

for

(11)

(12)

Bands and labels must allow easy identification of packs
and their contents. Special attention should be given to
large and small packs containing industrial eggs, on the
one hand, and ‘extra’ grade eggs on the other.

Packing centres should have the option of repacking
eggs when the packaging is damaged, when a trader
wishes to sell eggs under its own name or when eggs in
large packs are required to be repacked in small packs.
In such cases the origin and age of the eggs must be
given in the notices affixed to bands, labels and packs.
the eggs have been
These notices must show that
regraded or repacked. The additional
time taken for
repacking makes it essential
to forbid the indication
‘extra’ in the case of repacked eggs.

(13)

In order to ensure uniform application of Regulation
(EEC) No 1907/90, and in particular the provisions
including the special arrange-
concerning inspections,

ments for monitoring the use of the laying date and indi-
cations of particular types of poultry rearing, the poultry
feed used and the origin of eggs, there must be a contin-
uous exchange of
information between the Member
States and the Commission.

Effective inspection of compliance with marketing stan-
dards requires the examination of a sufficient number of
eggs chosen so as to form a representative sample of the
batch checked. In line with the provisions in Regulation
(EEC) No 1907/90 regulating and defining loose sales,
the sampling parameters should also be extended to such
sales.

Since the methods used for grading eggs by quality and
weight are not fully accurate, tolerance margins should
be allowed. Since storage and transport conditions can
also affect the quality and weight of a batch, tolerances
should be differentiated according to marketing stage. In
order to facilitate marketing and the checking of eggs
graded by quality and weight when contained in large
packs, an average minimum net weight should be laid
down for each weight grade.

The quality of graded eggs deteriorates during storage
and transport. The risk of deterioration, including micro-
bial contamination, can be considerably reduced by
imposing tight restrictions on the use of certain packa-
ging materials. Strict requirements should therefore be
laid down regarding the conditions in which such eggs
are stored, transported and packed.

(14)

(15)

(16)

(17)

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

HAS ADOPTED THIS REGULATION:

CHAPTER I

COLLECTION OF EGGS AND EGG-PACKING CENTRES

Article 1

Collection of eggs

1.
Eggs which are to be stamped with the date of laying or
which are intended for marketing as ‘extra’ grade shall be deliv-
ered by the producer exclusively to packing centres or collected
from the producer by the packing centre in the following way:

(a) on the actual day of laying,

for eggs which are to be

marked with the laying date under Article 12;

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(b) each working day, for eggs intended for marketing as ‘extra’

under Article 12 of Regulation (EEC) No 1907/90;

(c) every other working day, for eggs kept on the farm at an
less than
temperature artificially maintained at

ambient
18 °C.

2. Where the laying date is to be indicated on eggs which
are supplied by production units situated at the same site as
the packing centre and which are not packed in containers, the
eggs shall be graded and packed on the date of laying or, if the
laying date falls on a non-working day, on the first subsequent
working day.

2.
Eggs not covered by paragraph 1 of this Article shall be
delivered by producers to, or collected from producers by, the
establishments referred to in Article 4(1)(a) of Regulation (EEC)
No 1907/90 in the following way:

Article 3

(a) every third working day;

Requirements for approval

(b) once a week, for eggs kept on the farm at an ambient

temperature artificially maintained at less than 18 °C.

All collectors shall deliver eggs to packing centres not

3.
later than the working day following that of reception.

Before leaving the production site, each container shall be

4.
identified by:

(a) the name, address and distinguishing number of

the
production establishment as provided for
in Directive
2002/4/EC, hereinafter called the ‘distinguishing number of
the producer’;

(b) the number of eggs or their weight;

(c) the laying date or period;

(d) the date of dispatch.

This information shall be shown on the container and on
accompanying documents; these documents shall be kept by
the packing centre for at least six months.

In the case of packing centres supplied with unpacked eggs
from their own production units, situated at the same site,
identification on containers may take place at
the packing
centre.

1.
Only undertakings and producers satisfying the condi-
tions laid down in paragraphs 2, 3 and 4 of this Article shall
be approved as collectors or packing centres within the
meaning of Article 5 of Regulation (EEC) No 1907/90.

2.

The premises of collectors and packing centres shall be:

(a) of an area suited to the scale of their operations;

(b) so built and equipped that:

— they afford suitable ventilation and lighting,

— they may be properly cleaned and disinfected,

— the eggs are protected from wide fluctuations in outside

temperature;

(c) reserved for handling and storing eggs; however, a part of
the premises may be used for storing other products on
condition that these cannot impart extraneous odours to
the eggs.

The technical equipment of packing centres shall ensure

3.
proper handling of the eggs and include in particular:

(a) suitable

candling

staffed
throughout and allowing the quality of each egg to be
examined separately;

continuously

equipment

EGG-PACKING CENTRES

(b) devices for measuring the height of the air space;

(c) equipment for grading eggs by weight;

Article 2

(d) one or more approved balances for weighing eggs;

Activities of packing centres

(e) equipment for stamping eggs, where use is made of Articles

7 and 8 of Regulation (EEC) No 1907/90.

1.
Packing centres shall grade, pack and mark eggs and
packs no later than the second working day following that on
which the eggs are received.

However, the first subparagraph shall not apply where the eggs
received from producers are delivered to other packing centres
not later than the working day following that of reception.

In addition, packing and marking of packs may be carried out
within a further three days, if the eggs are packed in a different
packing centre than the one which graded and marked them.
In such cases, Article 1(4) shall apply.

Where use is made of an automatic machine for candling as
referred to at (a) in the first subparagraph, sorting and grading,
the equipment must include an independent candling lamp. In
the case of such automated systems, the competent authority
of
the
machine be continually staffed, provided a quality control
arrangement based on sampling is
the eggs
dispatched.

the Member State may waive the requirement

set up for

that

The premises and technical equipment shall be kept clean

4.
and in good repair and be free of extraneous odours.

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Article 4

Grant of approval

Any request for approval of a collector or packing centre
1.
shall be submitted to the competent authority of the Member
State on whose territory the premises of the collector or centre
are situated.

The competent authority shall allot the packing centre a

2.
distinguishing number with an initial code as follows:

BE

Belgium

AT

Austria

PT

FI

SE

UK

Portugal

Finland

Sweden

United
Kingdom

DK

DE

GR

ES

FR

IE

IT

LU

NL

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

CZ

EE

CY

LV

LT

HU

MT

PL

SI

SK

Czech
Republic

Estonia

Cyprus

Latvia

Lithuania

Hungary

Malta

Poland

Slovenia

Slovakia

Only

specially

centres may be
3.
authorised to pack grade A eggs marked ‘extra’ or to indicate
the laying date in accordance with Article 12.

approved packing

Grade A eggs shall not be washed, or cleaned by any

2.
other means, before or after grading.

Accordingly, eggs washed in accordance with Article 6(4) of
the
Regulation (EEC) No 1907/90, even where they fulfil
criteria applicable to grade A eggs, may not be marketed as
grade A eggs and must be marked ‘washed eggs’.

Grade A eggs shall not be treated for preservation or
3.
chilled in premises or plants where the temperature is artifi-
cially maintained at less than 5 °C. However, eggs which have
been kept at a temperature below 5 °C during transport of not
more than 24 hours or on retail premises or in annexes thereto
shall not be considered as chilled, provided the quantity stored
in these annexes does not exceed the requirements for three
days of retail sale on the premises in question.

Accordingly, eggs chilled in accordance with Article 6(5) of
Regulation (EEC) No 1907/90 may not be marketed as grade A
eggs, even where they fulfil the criteria applicable to grade A
eggs. They shall be marketed as ‘chilled eggs’.

Article 6

Grade B eggs

Grade B eggs shall be eggs which do not meet the requirements
applicable to eggs in grade A. They may be passed only to food
industry undertakings approved in accordance with Article 6 of
Directive 89/437/EEC or to non-food industry undertakings.

CHAPTER II

GRADES OF EGGS

Article 5

Article 7

Grading of grade A eggs

Characteristics of grade A eggs

Grade A eggs shall have the following minimum charac-

1.
teristics:

Grade A eggs and ‘washed eggs’ shall be graded by weight

1.
as follows:

— shell and cuticle: normal, clean, undamaged

— XL-very large: 73 g and more,

— air space:

— white:

— yolk:

height not exceeding 6 mm, stationary;
however,
for eggs to be marketed as
‘extra’ it may not exceed 4 mm;

limpid, of gelatinous consistency,

clear,
free of extraneous matter of any kind;

— L-large:

from 63 g up to 73 g,

— M-medium:

from 53 g up to 63 g,

— S-small:

under 53 g.

visible on candling as a shadow only,
without clearly discernible outline, not
from the
moving
centre of the egg on rotation, free of
extraneous matter of any kind;

appreciably

away

— germ cell:

imperceptible development;

— odour:

free of extraneous odours

2.
On packs the weight-grading shall be indicated by the
corresponding letters or 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 may be made using different
pack colours, symbols, trademarks or other indications.

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3. Where grade A eggs of different sizes are packed together
in the same pack in accordance with Article 13(3) of Regu-
lation (EEC) No 1907/90, the total net weight of the eggs shall
be given in grams and the indication ‘Eggs of different sizes’ or
equivalent terms shall appear.

4. Where grade A eggs are delivered to the industry under
this denomination, the weight grading is not compulsory and
the delivery takes place in accordance with the conditions
under Article 1 paragraph (4).

CHAPTER III

MARKING OF EGGS AND EGG PACKAGES

SECTION 1

Rules applicable to the Community market

Article 8

General provisions on marking

1.
The markings provided for in Article 7 and Article 10(1)
and (2)(c) of Regulation (EEC) No 1907/90 shall be applied on
the day of grading and packing.

However, the marks indicating the distinguishing number of
the producer, the laying date, how the laying hens are fed and
the regional origin of the eggs may be stamped on by the
producer.

2.
The marks stamped on eggs and applied to packaging
shall be clearly visible and legible, in accordance with Articles 7
to 10 of Regulation (EEC) No 1907/90.

The product used for stamping must comply with the provi-
sions in force regarding colouring matters which may be used
in foodstuffs intended for human consumption.

The distinguishing marks for grade A eggs and ‘washed

3.
eggs’ shall consist of:

(a) the grade A distinguishing mark, which shall be a circle of
at least 12 mm in diameter around the distinguishing mark
for the weight class consisting of the letter or letters indi-
cated in Article 7(1) of this Regulation, at least 2 mm high;

(b) the distinguishing number of the producer, consisting of
the codes and letters provided for in Directive 2002/4/EC,
at least 2 mm high;

(d) the dates, shown in letters and figures at least 2 mm high,
in accordance with the terms given in Annex I, followed by
day and month as defined in Article 9 of this Regulation.

The grade B distinguishing mark shall be a circle at least

4.
12 mm in diameter around the letter B at least 5 mm high.

This mark shall not be mandatory where the eggs are delivered
directly to the food industry, provided that this destination is
clearly marked on the packages containing them.

5. Where eggs are delivered by a producer to a packing
centre situated in another Member State, they shall be stamped
with the distinguishing number of the producer before leaving
the production site. However, where the producer and the
packing centre have signed an exclusive delivery contract for
operations subcontracted in that Member State requiring them
to comply with the above deadlines and marking standards, the
Member State on whose territory the production site is situated
may grant an exception to this requirement, at the request of
the operators and with the prior agreement of the Member
State where the packing centre is situated. In such cases, a copy
of the original contract, certified by the operators, shall accom-
pany the consignment. The inspection authorities referred to in
Article 29(2)(e) shall be informed that an exception has been
granted.

Article 9

Indication of the date of minimum durability

1.
The date of minimum durability referred to in Article
10(1)(e) of Regulation (EEC) No 1907/90 shall be marked at
the time of packing in accordance with Article 9(2) of Directive
2000/13/EC of the European Parliament and of the Council (1)
and shall comprise one or more of the terms set out in point 1
of Annex I.

To that end, the date shall be shown in accordance with Article
9(4) of Directive 2000/13/EC in the order and according to the
rules set out below:

(a) the day, expressed in numbers from 1 to 31,

(b) the month, expressed in numbers from 1 to 12 or up to

four letters of the alphabet.

2.
The date of minimum durability shall be the date up to
which grade A eggs or washed eggs retain the characteristics
described in Article 5(1) when properly stored. It shall be fixed
at not more than 28 days after laying. Where a period of laying
is indicated in accordance with Article 1(4)(c), the date of
minimum durability shall be determined from the first day of
that period.

(c) the packing centre number in letters and figures at least

2 mm high;

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

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Large packs, and small packs even when contained in
3.
large packs, shall bear on the outer surface in clearly visible
and legible type an indication advising consumers to keep eggs
chilled after purchase.

Article 12

Indication of the laying date

4.
In the case of loose egg sales, an indication equivalent to
that referred to in paragraph 2 shall be applied in such a
manner as
to the
consumer.

to be clearly visible and unequivocal

The laying date may be marked on packs by the operator
1.
at the time of packing. In this case, the laying date shall also be
marked on the eggs contained in the packs.

Where the laying date is indicated, the rules laid down in para-
graphs 2, 3 and 4 of this Article shall apply.

Article 10

Indication of the packing date

The indication of
the packing date referred to in Article
10(1)(e) which may be indicated optionally in accordance with
Article 10(2)(c) of Regulation (EEC) No 1907/90 shall comprise
one or more of the terms set out in point 2 of Annex I to this
Regulation, followed by the two sets of numbers or letters
referred to in the second subparagraph of Article 9(1) of this
Regulation.

Article 11

Recommended sell-by date

1.
In addition to the date of minimum durability and/or the
packing date, the recommended sell-by date may be marked by
the operator at the time of packing on the eggs or on the packs
containing them or on both.

are

eggs

supplied to a packing centre

2. Where
in
containers, all the eggs in one container to be marked with the
laying date shall be graded and packed without interruption.
The laying date shall be stamped on the eggs during or imme-
diately after grading.

3. Where a packing centre is supplied with eggs which are
not in containers from its own production units situated at the
same site, the eggs are to be:

— stamped with the laying date on the day of laying; however,
eggs laid on non-working days may be stamped on the first
subsequent working day, together with the eggs laid on that
day, with the date of the first non-working day,

— graded and packed in accordance with Article 2, or

— delivered to other packing centres or the food industry on
the day of laying or, if the day of laying falls on a non-
working day, on the first subsequent working day.

4.
If the packing centres are also supplied with eggs from
external producers on which it is not intended to indicate the
laying date, these eggs shall be stored and handled separately.

The recommended sell-by date shall not exceed the
2.
maximum time limit of 21 days after laying in accordance with
Article 3(1) of Council Decision 94/371/EC (1).

Article 13

Indication of poultry rearing methods

However, in the case of chilled eggs dispatched to the French
overseas departments and intended for retail sale there in
accordance with Article 6(5) of Regulation (EEC) No 1907/90
the recommended sell-by date may be extended to 40 days.

3. Where a period of laying is indicated in accordance with
Article 1(4)(c), the recommended sell-by date shall be deter-
mined from the first day of that period.

4.
For the marking of the dates referred to in this Article on
eggs and packs, one or more of the terms set out in Annex I
shall be used.

The dates referred to in this Article shall be indicated in

5.
accordance with the second subparagraph of Article 9(1).

(1) OJ L 168, 2.7.1994, p. 34.

1. Where eggs and egg packs are to be marked with:

— the poultry rearing method as referred to in Article 7 and
Article 10(1) of Regulation (EEC) No 1907/90, no other
terms except those set out in Annex II may be used, and in
any case only if the relevant conditions laid down in Annex
III are fulfilled,

— the organic poultry rearing method provided for in Regu-
lation (EEC) No 2092/91, only the code in point 2.1 of the
Annex to Directive 2002/4/EC and the terms set out in
Article 2 of Regulation (EEC) No 2092/91 may be used.

The terms set out in Annex II may be supplemented by indica-
tions referring to the particular characteristics of the respective
rearing method.

On eggs,
number of the producer.

these terms may be added to the distinguishing

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In the case of loose egg sales and prepacked eggs, the
2.
meaning of the distinguishing number of the producer may be
explained on the container or on a separate notice.

Packs containing eggs destined for food industry under-
3.
takings approved in accordance with Directive 89/437/EEC
may be marked with the indications set out
in Annex II
provided that the eggs are produced in poultry establishments
meeting the corresponding requirements as laid down in Annex
III.

4.
Paragraph 1 shall apply without prejudice to national
technical measures going beyond the minimum requirements
laid down in Annex III, which may apply only to producers of
the Member State concerned and provided that they are compa-
tible with Community law and in conformity with the common
marketing standards for eggs.

Article 14

Indication of how laying hens are fed

1. Where grade A eggs and ‘washed eggs’ and their packa-
ging bear an indication of how the laying hens are fed, the
minimum requirements laid down in Annex IV shall apply.

2.
Large packs containing eggs and 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 correspondingly marked.

3.
Paragraph 2 shall apply without prejudice to national
technical measures going beyond the minimum requirements
laid down in Annex IV, which may apply only to producers of
the Member State concerned and provided that they are compa-
tible with Community law and in conformity with the common
marketing standards for eggs.

Article 15

Indication of the origin of eggs

1.
Packs of grade A eggs and ‘washed eggs’ may indicate the
origin of the eggs or bear the words: ‘origin of the eggs: see
code on the egg’.

2.
In order to indicate the origin of grade A eggs, washed
eggs or small packs containing such eggs in accordance with
Article 10(3) of Regulation (EEC) No 1907/90,
terms or
symbols may be used which refer to the Member State or to an
region defined by the competent
administrative or other
authority of the Member State in which the eggs are produced.

In the case of loose egg sales these indications of the origin of
eggs may be used only if individual eggs are marked with the
corresponding terms or symbols.

3.
Large packs containing eggs or small packs marked with
the terms or symbols referred to in paragraph 2 shall bear the
same terms or symbols.

SECTION 2

Marking of imported eggs

Article 16

Indications on imported eggs

1.
the
Grade A eggs imported from Lithuania, Hungary,
Czech Republic and Norway shall be stamped in the country of
origin with the distinguishing number of the producer on the
terms and conditions set out in Article 8.

2.
Eggs imported from third countries other than those
referred to in paragraph 1 shall be clearly and legibly stamped
in the country of origin with the ISO code of the country of
origin preceded by: ‘non-EC standards’.

3.
Packs of grade A eggs imported from third countries shall
meet the requirements laid down in Article 15 of Regulation
(EEC) No 1907/90.

The indication of the date of minimum durability and the
packing date referred to in Article 15 of Regulation (EEC) No
1907/90 shall comprise one or more of the terms set out in
point 2 of Annex I to this Regulation, followed by the two sets
of numbers or letters referred to in the second subparagraph of
Article 9(1).

4.
The poultry-rearing method shall be indicated on packs
of grade A eggs imported from Lithuania, Hungary, the Czech
Republic and Norway on the terms and conditions laid down
in Article 13 of this Regulation for the Member States.

On packs of grade A eggs imported from third countries other
than those referred to in the first subparagraph, the poultry
rearing method shall be indicated as ‘rearing method unspeci-
fied’.

5.
Bands and labels shall be fixed on packages and eggs shall
be regraded and repackaged on the same terms and conditions
as those laid down in Chapter IV of this Regulation for the
Member States.

CHAPTER IV

BANDS, REGRADING AND REPACKAGING OF EGGS

Article 17

Bands and labels for grade A eggs

1.
The bands and labels provided for in Article 11 of Regu-
lation (EEC) No 1907/90 for grade A eggs and washed eggs
shall be white and the indications shall be printed in black on
these bands and labels in accordance with Articles 10 and 15
of Regulation (EEC) No 1907/90.

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The derogation referred to in Article 11(2) of Regulation
2.
(EEC) No 1907/90 shall apply in the case of daily quantities of
less than 3 600 eggs per delivery and 360 eggs per buyer. The
name, address and number of the packing centre, the number
of eggs, quality and weight grades,
the date of minimum
durability and the poultry rearing method shall be indicated on
accompanying documents.

Article 18

Bands and labels for eggs intended for the food industry

1.
The following eggs shall be marketed in packs with a
yellow band or label which can no longer be used once the
pack has been opened:

(a) eggs as referred to in Article 2(2)(b) of Regulation (EEC) No

1907/90 and not of grade A or B;

(b) grade A eggs which no longer meet the characteristics of

that grade but have not been regraded;

Article 20

Eggs marked as ‘extra’

Bands or labels as referred to in Article 12 of Regulation
1.
(EEC) No 1907/90 must be printed or affixed in such a way
that none of the information on the pack is obscured by the
position of the band or label.

The term ‘extra’ shall be printed on the band or label in italics
at least 1 cm high followed by the word ‘until’ and the two sets
of figures referred to in the second subparagraph of Article
9(1) of this Regulation indicating the seventh day after packing
or the ninth day after laying.

Where the packing date is indicated on packs, the indication
referred to in the second subparagraph may be replaced by the
words ‘extra until the seventh day after packing’.

Where the laying date is indicated on packs, the indication
referred to above may be replaced by the words ‘extra until the
ninth day after laying’.

(c) grade B eggs.

The term ‘extra’ may be followed by the word ‘fresh’.

The bands and labels referred to in paragraph 1 shall

2.
show clearly and legibly:

(a) the name or business name and address of the undertaking

which has dispatched the eggs;

(b) the number or net weight of the packed eggs;

(c) the marking ‘EGGS FOR THE FOOD INDUSTRY’ in letters
2 cm high, in one or more languages of the Community.

2. Where the band or label referred to in paragraph 1
cannot be removed from the pack, the pack must be removed
from the sales area not later than the seventh day after packing
or the ninth day after laying and the eggs must be repacked.

3.
Large packs containing small packs marked ‘extra’ shall
be marked in capital letters 2 cm high ‘PACK CONTAINING
SMALL “EXTRA” PACKS’
in one or more languages of the
Community.

Article 19

Bands and labels for industrial eggs

1.
Industrial eggs within the meaning of Article 1(2) of
Regulation (EEC) No 1907/90 shall be marketed in packs with
a red band or label.

The bands and labels referred to in paragraph 1 shall

2.
show:

(a) the name or business name and address of the undertaking

for which the eggs are intended;

Article 21

Repacking

Except in the case provided for in Article 8(2) of Regu-
1.
lation (EEC) No 1907/90, packed grade A and washed eggs
may be repacked in other large or small packs only by packing
centres. Each pack shall contain only the eggs of a single batch.

2.
The band or label on large packs shall bear in clearly
visible and legible black characters at least the following infor-
mation:

(a) the name or business name and address of the undertaking

which has repacked the eggs or had them repacked;

(b) the distinguishing number of the packing centre which has

(b) the name or business name and address of the undertaking

repacked the eggs;

which has dispatched the eggs;

(c) the marking ‘INDUSTRIAL EGGS’

letters
2 cm high, and the marking ‘unsuitable for human
consumption’ in black letters at least 0,8 cm high, in one
or more languages of the Community.

in black capital

(c) the distinguishing number of the packing centre which first
the

in the case of

imported eggs,

packed the eggs or,
country of origin;

(d) the quality and weight gradings;

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(e) the number of eggs packed;

CHAPTER V

(f) the original date of minimum durability, and below this the

words ‘repacked eggs’;

INSPECTION OF ESTABLISHMENTS

(g) the type of poultry rearing;

(h) reference to chilling, indicated clearly in the Latin alphabet,
in the case of chilled eggs for delivery to the French over-
seas departments.

Article 24

Inspection of establishments

3.
in
Small packs containing repacked eggs shall bear,
clearly visible and legible characters, only the particulars
provided for in paragraph 2. In addition, small packs may bear
the trade mark of the undertaking which has repacked the eggs
or had them repacked. The word ‘extra’ may not be used.

1.
Producers, packing centres, collectors, wholesalers and,
where Article 14 applies, manufacturers and suppliers of feed
for laying hens, shall be inspected at least once a year to ensure
that they are complying with the standards.

4.

Article 2 and Article 8(1) shall apply.

Article 22

Regrading

1.
Eggs which have been regraded in accordance with
Article 8(2) of Regulation (EEC) No 1907/90 may be marketed
in the packs in which they were contained before regrading. If
they are repacked, each pack may contain only the eggs of a
single batch.

2.
The yellow or red band or label on large packs shall bear
in clear and legible black characters at least the information
provided for in Articles 18 and 19, together with the name or
business name and address of
the undertaking which has
regraded the eggs or had them regraded.

3.
On small packages containing regraded eggs, the mark-
ings which are no longer applicable shall be covered over. In
addition, small packs may bear the trade mark of the under-
taking which has regraded the eggs or had them regraded.

Article 23

Reuse of packs for regrading

1.
If the original packs are used for regrading and repacking,
they shall be considered as reused within the meaning of
Article 36(2).

2.
The markings on the bands or labels of large packs which
are reused in accordance with Article 36(2) shall be completely
covered over by new bands or new labels or rendered illegible
in some other manner.

Large packs may bear one or more of

3.
the markings
appearing on the bands and labels with which they are
fastened. In addition, large packs may bear the trade mark of
the undertaking which repacked the eggs or had them
repacked.

Production units and packing centres

2.
carrying out
marking as provided for in Article 12 shall be inspected at least
once every two months.

3.
Checks on the indications relating to the laying date, how
laying hens are fed and regional origin referred to in Articles
12, 14 and 15 may be delegated to bodies designated by the
Member Sates which can provide assurances of the necessary
independence vis-à-vis the producers concerned and which
comply with the current criteria set out in European Standard
EN/45011.

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

The costs of the checks made by these bodies shall be borne by
the operator using the markings referred to above.

CHAPTER VI

RECORDS

Article 25

Records kept by producers

1.

Producers shall record:

(a) information on the poultry rearing methods, specifying for

each rearing method used:

— the date of placing, age at placing and number of laying

hens,

— the date of culling and the number of hens culled,

— daily egg production,

— the number or weight of eggs sold per day in accord-
ance with Article 2(3) of Regulation (EC) No 1907/90
or delivered daily by other means and, in the latter case:

— the names and addresses of purchasers and the estab-

lishment number;

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(b) information on how the laying hens are fed, in cases where
grade A eggs and their packs bear this indication, speci-
fying:

— the quantity and type of feed supplied and/or mixed on-

site,

— the date of delivery,

— the name of the manufacturer or supplier,

— the number and age of the laying hens and the number

of eggs produced and delivered,

— the date of dispatch,

2. Where grade A eggs and washed eggs and packs bear an
indication of how laying hens are fed, the laying date and/or
the regional origin, packing centres using such markings shall
keep separate records in accordance with the first subparagraph
of paragraph 1.

3.
However, instead of keeping records of sales and deliv-
eries, they may keep files of invoices and delivery notes marked
as indicated at the first subparagraph of paragraph 1. Such
records and files shall be kept for at least six months.

— the names and addresses of purchasers and the estab-

lishment number.

Article 27

2. Where the date of laying is indicated, the information
referred to in paragraph 1(a) shall be recorded separately.

Records kept by other operators

Where several different rearing methods are used in a single
establishment, the information referred to in paragraph 1(a)
and (b) shall be broken down by hen house, in accordance with
Directive 2002/4/EC.

Producers shall keep the information listed at (a) and (b)
3.
for at least six months after ceasing their activity or after the
flock has been destroyed.

1.
For eggs as referred to in Articles 13, 14 and 15, collec-
tors and wholesalers shall be required to keep records on
purchases and sales transactions and physical stock records for
at least six months.

Collectors must be able to show for these eggs:

(a) dates and quantities of collections;

(b) the name, address and distinguishing number of the produ-

cers;

Article 26

(c) dates and quantities of deliveries to the relevant packing

stations.

Records kept by packing centres

Wholesalers (including dealers who do not physically handle
eggs) must be able to show for these eggs:

Packing centres shall record separately, by rearing method

1.
and by day:

(a) dates and quantities of both purchases and sales,

(a) the quantities of eggs

they receive, broken down by
producer, giving the name, address and distinguishing
number of the producer and laying date or period;

(b) the quantities of ungraded eggs delivered to other packing
those

including the distinguishing numbers of

centres,
centres and the laying date or period;

(c) the quality and weight gradings of these eggs;

(b) names and addresses of the suppliers/purchasers.

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

Instead of keeping specific records on purchases and sales,
invoices and
collectors and wholesalers may keep files of
delivery notes marked as indicated in Articles 13, 14 and 15.

(d) the quantities of graded eggs received coming from other
including the distinguishing numbers of
packing centres,
those centres, the date of minimum durability and speci-
fying the identity of the sellers;

2.
Feed manufacturers and suppliers shall keep accounts of
their deliveries to the producers referred to in Article 25(1)(b)
showing the composition of the feed supplied.

(e) the number and/or weight of eggs delivered, by weight
grade, packing date and use-by date, and by purchaser, with
the name and address of the latter.

They shall keep these records for at least six months after
dispatch.

Packing centres shall update their physical stock records each
week.

3.
All the records and accounts referred to in Articles 25
and 26 and in this Article shall be made available on first
request to the competent authorities.

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CHAPTER VII

CONFIDENTIALITY AND REPORTING OF INFORMATION

Article 28

Confidentiality

1.
The Member States shall take all measures necessary to
ensure the confidential treatment of information supplied under
Articles 12, 13, 14 and 15, in accordance with Regulation (EC)
No 45/2001 of the European Parliament and of the Council (1)
insofar as natural persons are concerned.

2.
The data entered in the registers, accounts and other
records may be used only for the application of this Regu-
lation.

Article 29

Reporting, consultation and exchange of information

1.
Before 1 April each year, each Member State shall notify
the Commission by electronic means of the average number of
laying hens present (2) on holdings, for each type of poultry
rearing.

Before 1 January 2004, each Member State shall inform
2.
the Commission by electronic means of the measures it has
taken to implement this Regulation, in particular:

(a) the list of production sites registered in accordance with
Directive 2002/4/EC showing the name, address and distin-
guishing number of each one;

(b) the list of packing centres approved in accordance with
Article 5 of Regulation (EC) No 1907/90 and Article 4(2)
and (3) of this Regulation, showing the name, address and
distinguishing number of each one;

(c) the monitoring methods applied for the implementation of

Articles 12, 13, 14, 15 and 16 of this Regulation;

Any changes to the lists, monitoring methods or technical
measures referred to in paragraph 2 shall be notified to the
Commission by electronic means at the beginning of each
calendar year.

The checks carried out in the Member State shall be
4.
discussed on a regular basis in accordance with the procedure
laid down in Article 18 of Council Regulation (EEC) No 2771/
75 (3).

the request of

At any time and at

5.
the Commission,
Member States shall provide all the information necessary for
assessing the compatibility of the measures referred to in para-
graph 2(d) of
this Article with Community law and their
conformity with the common marketing standards for eggs.

Article 30

Notification of decisions to regrade

Each Member State on whose territory a batch of eggs from
another Member State is regraded shall ensure that the decision
to regrade is communicated to the competent authority of that
Member State as referred to in Article 29(2)(f) within three
working days.

CHAPTER VIII

INSPECTION OF EGGS

Article 31

Checks based on sampling

1.
Article 19(2) of Regulation (EEC) No 1907/90 shall apply
only if the check has been carried out in accordance with para-
graphs 2 to 5 of this Article.

2. Where eggs are in large packs not containing small packs,
at least the following numbers of eggs shall be checked as
samples:

(d) the national technical measures applied for the implementa-

Number of eggs in the batch

tion of Articles 13(4) and 14(3) of this Regulation;

(e) the list of competent authorities responsible for carrying
out the checks provided for in this Regulation, together
with their names, addresses and other relevant details;

up to 180

181 to 1 800

(f) the name, address and relevant details of the competent
information as

exchanging

responsible

for

authority
provided for in this Regulation.

3.
The Commission shall collect the information referred to
in paragraphs 1 and 2 and make it available to the Member
States from 1 July 2005. Until that date, the Member States
shall transmit their own data to all the other Member States.

1 801 to 3 600

3 601 to 10 800

10 801 to 18 000

18 001 to 36 000

36 001 to 360 000

more than 360 000

(1) OJ L 8, 12.1.2001, p. 1.
(2) Average number of laying hens present = (number of hens placed ×

number of laying weeks): 52.

(3) OJ L 282, 1.11.1975, p. 49.

Number of eggs to be checked

% of batch

Minimum number
of eggs

100

15

10

5

4

3

1,5

0,5

—

180

270

360

540

720

1 080

5 400

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3. Where eggs are in small packs, whether or not these are
inside large packs, at least the following numbers of small
packs and eggs shall be checked as samples:

Article 33

Tolerance for quality defects

Number of eggs in the batch

Percentage of
small packs
checked

Number of eggs
to be checked per
pack checked
(%)

up to 180

181 to 1 800

1 801 to 3 600

3 601 to 10 800

10 801 to 18 000

18 001 to 36 000

36 001 to 360 000

more than 360 000

100

15

10

5

4

3

1,5

0,5

100

100

100

100

100

100

100

100

4.
For batches of not more than 18 000 eggs, the eggs to be
checked shall be selected from at least 20 % of the large packs.

For batches of more than 18 000 eggs, the eggs to be checked
shall be selected from at least 10 % of the large packs and from
at least ten large packs.

5.
In the case of non-packed eggs displayed or put up for
sale in the retail trade, 100 % of the eggs up to 180 eggs and
15 % of the eggs for greater quantities, with a minimum of
180 eggs, shall be checked as samples.

Article 32

Check bands

1.
After the check and after any necessary correction of the
batch for compliance with Regulation (EEC) No 1907/90, at
the request of the owner of the batch the inspector may affix
to the pack a band bearing an official stamp and the following
particulars:

(a) ‘Checked on (date) at (place);’

(b) the identification of the inspector.

The following tolerances shall be allowed in the checking

1.
of batches of grade A eggs and washed eggs:

(a) at the packing centre, just before dispatch: 5 % of eggs with

quality defects,

(b) at the other marketing stages: 7 % of eggs with quality

defects.

However, in the checking of eggs marketed as ‘extra’ no toler-
ance shall be allowed for the height of the air space either at
the time of packing or import.

2. Where the batch checked contains fewer than 180 eggs,
the percentages referred to in paragraph 1 shall be doubled.

Article 34

Tolerance for egg weight

Except in the case provided for in Article 13(3) of Regulation
(EEC) No 1907/90, in the checking of batches of grade A eggs
and washed eggs a tolerance shall be allowed as regards the
weight per egg. Such batches may contain not more than 10 %
of eggs of weight grades bordering on that marked on the
packing, but not more than 5 % of eggs of the next lower
weight grade.

Where the batch checked contains fewer than 180 eggs, the
above percentages shall be doubled.

CHAPTER IX

GENERAL AND FINAL PROVISIONS

SECTION 1

General provisions on egg packs and storage

Article 35

Minimum net weight of eggs per large pack

Large packs of grade A eggs and washed eggs graded by weight
shall have the following minimum net weights:

2.
The check band shall be white with red printing. If a pack
has been sealed before the check, it shall be resealed by means
of the check band, which may, if appropriate, be applied over
the original band or label.

After small packs marked ‘extra’ have been checked, the
include the particulars referred to in para-

3.
check band shall
graph 1 and the word ‘extra’ in italics 1 cm high.

— XL-very large: 7,3 kg/100 eggs,

— L-large:

6,4 kg/100 eggs,

— M-medium:

5,4 kg/100 eggs,

— S-small:

4,5 kg/100 eggs.

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Article 36

Quality of packs

1.
Packs, including inner packing material, shall be shock-
resistant, dry, clean and in good repair, and made of materials
which protect the eggs from extraneous odour; and the risk of
quality deterioration.

2.
Large packs used for transporting and dispatching eggs,
including inner packing material, may not be reused unless
they are as new and meet the technical and hygiene require-
ments of paragraph 1. Reused large packs may not bear any
previous marking likely to lead to confusion.

3.

Small packs may not be reused.

Article 37

Storage and transport conditions

SECTION 2

Repeal and final provision

Article 38

Repeal

Regulation (EC) No 1274/91 is hereby repealed.

References to the repealed Regulation shall be construed as
references to this Regulation and shall be read in accordance
with the correlation table set out in Annex V.

Article 39

Entry into force and application

During storage at the producer's premises and during
1.
transport from producer to collector or packing centre, eggs
shall be maintained at the temperature best suited to ensuring
optimal conservation of their quality.

Eggs must be stored in clean, dry places, free of extra-

2.
neous odours.

3.
During transport and storage, eggs must be kept clean
and dry in places, free of extraneous odours and effectively
protected from shocks and from the effects of light and exces-
sive fluctuations in temperature.

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

It shall apply from 1 January 2004. However, Article 4(2) shall
apply as of 1 May 2004 as regards the initial codes CZ, EE, CY,
LV, LT, HU, MT, PL, SI and SK subject to the ratification of the
Treaty of Accession.

However,
the distinguishing numbers of packing centres
approved before 31 December 2003 may continue to be used
until 31 December 2004.

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

Done at Brussels, 23 December 2003.

For the Commission

Franz FISCHLER

Member of the Commission

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1. Minimum durability date

ANNEX I

on eggs

on packs

cons. pref.

Mindst holdbar til or M.H.

Mind. haltbar or M.H.D.
Ανάλωση πριν από

Best before or B.B. (1)

à cons. de préf. av. or DCR (1)

entro

Consúmase preferentemente antes del …

Mindst holdbar til …

Mindestens haltbar bis …
Ανάλωση κατά προτίµηση πριν από …
Best before …

À consommer de préférence avant le …

da consumarsi preferibilmente entro …

Tenm. houdb. tot or THT (1)

Tenminste houdbaar tot …

Cons. pref

parasta ennen

bäst före

A consumir de prefêrencia antes de …

parasta ennen …

Bäst före …

(1)

If the term BB is used, the meaning of the abbreviation must be clearly shown on the package.

2. Packing date:

emb.

Pakket

Verp.
Συσκευασία

Packed or pkd

Emb. le

Imb.

Verp.

Emb.

Pakattu

förp. Den

on eggs

on packs

Embalado el: …

Pakket den: …

Verpackt am: …
Ηµεροµηνία συσκευασίας: …
Packing date: …

Emballé le: …

Data d'imballaggio: …

Verpakt op: …

Embalado em: …

Pakattu: …

Förpackat den: …

3. Recommended sell-by date

vender antes

Sidste salgsdato

Verkauf bis

Πώληση

Sell by

à vend. préf. av. or DVR (1)

racc.

Uiterste verkoopdatum or Uit. verk. dat

Vend. de pref. antes de

viimeinen myyntipäivä

sista försäljningsdag

(1) If the term BB is used, the meaning of the abbreviation must be clearly shown on the package.

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4. Date of laying

Puesta

Læggedato

Gelegt am
Ωοτοκία

Laid

Pondu le

Dep.

Gelegd op

Postura

munintapäivä

värpta den

Terms referred to in Article 13 for the indication of the types of egg farming: (a) on packs; (b) on eggs

ANNEX II

Code

1

2

3

ES

DA

DE

EN

FR

GR

IT

NL

PT

FIN

SV

a)

b)

a)

b)

a)

b)

a)

b)

Huevos de gallinas camperas

Huevos de gallinas criadas en el suelo

Huevos de gallinas criadas en jaulas

Camperas

Frilandsæg

Frilandsæg

Suelo

Skrabeæg

Skrabeæg

Eier aus Freilandhaltung

Eier aus Bodenhaltung

Freiland

Free range eggs

Free range o F/range

Boden

Barn eggs

Barn

Jaula

Buræg

Buræg

Eier aus Käfighaltung

Käfig

Eggs from caged hens

Cage

a) Œufs de poules élevées en plein air

Œufs de poules élevées au sol

Œufs de poules élevées en cage

b)

α)

β)

a)

b)

a)

b)

a)

b)

a)

b)

a)

b)

Plein air

Αυγά ελεύθερης βοσκής

Ελεύθερης βοσκής

Sol

Αυγά αχυρώνα

Αχυρώνα

Cage

Αυγά κλωβοστοιχίας

Κλωβοστοιχία

Uova da allevamento all'aperto

Uova da allevamento a terra

Uova da allevamento in gabbie

Aperto

Eieren van hennen met vrije uitloop

Vrije uitloop

A terra

Scharreleieren

Scharrel

Gabbia

Kooieieren

Kooi

Ovos de galinhas criadas ao ar livre

Ovos de galinhas criadas no solo

Ovos de galinhas criadas em gaiolas

Ar livre

Ulkokanojen munia

Ulkokanan

Ägg från utehöns

Solo

Lattiakanojen munia

Lattiakanan

Ägg från frigående höns inomhus

Frigående (alt. Frig.) ute

Frigående (alt. Frig.) inne

Gaiola

Häkkikanojen munia

Häkkikanan

Ägg från burhöns

Burägg

.

2
4
1
2
2
0
0
3

.

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n
U
n
o
n

i

L

3
4
0
/
3
1

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ANNEX III

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

1.

(a) ‘Free-range eggs’ must be produced in establishments which satisfy at least the conditions specified in Article 4 of

Council Directive 1999/74/EC (1) 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 are 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 satisfy at least 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.

(b) ‘Barn eggs’ must be produced in 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 Article 5 of Directive 1999/74/EC until 31 December 2011, or
— the conditions specified in Article 6 of Directive 1999/74/EC.

2. Until the dates specified in Article 4 of Directive 1999/74/EC as referred to in point 1(a) and (b), minimum require-
ments referred to in Annex II(c) and (d) of Regulation (EEC) No 1274/91 applicable before the entry into force of
Commission Regulation (EC) No 1651/2001 (2) 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.

3. Member States may authorise derogations for establishments with less than 350 laying hens or rearing breeding
laying hens in relation to point 1(a) and (b) regarding obligations referred to in the second sentence of point 1(d) and
points 2, 3(a)(i) and (b)(i) of Article 4(1) of Directive 1999/74/EC.

(1) OJ L 203, 3.8.1999, p. 53.
(2) OJ L 220, 15.8.2001, p. 24.

24.12.2003

EN

Official Journal of the European Union

L 340/33

ANNEX IV

Minimum requirements relating to the indication of how laying hens are fed

Reference may be made to cereals as a feed ingredient only where 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 % several cereals are mentioned.

L 340/34

EN

Official Journal of the European Union

24.12.2003

ANNEX V

Correlation table

Regulation (EC) No 1274/91

This Regulation

Article 1

Article 2

Article 3

Article 4

Article 5

Article 6

Article 7

Article 8

Article 9

Article 10

Article 11

Article 12(1), (2) and (3)

First indent of Article 12(4)

Article 13

Article 14

Article 15

Article 16

Article 17

Article 18

Article 18a

Article 18b

Article 18c

Article 19

Article 20

Article 21

Article 22

Article 23

Article 24

Article 25

Article 26

Article 27

Article 28

Article 29

Article 30

Article 31

Article 32

Article 33

Article 34

Article 35

Article 36

Article 37

Article 38

Annex I

Annex II

Annex III

Annex IV

Article 1

Article 37(1)

Article 3(4)(a)

Article 4

Article 5

Article 6

—

Article 7

Article 8

Article 8

Article 8

—

Article 17(2)

—

Article 9

Article 10

Article 11

Article 12

Article 13

Article 28

—

Article 14

Article 15

Article 29

Article 17

Article 18

Article 19

Article 20

Article 22

Article 21

Article 23

—

Article 31

Article 32

Article 33

Article 34

Article 35

Article 30

Article 29(2)

Article 38

Article 39

—

Annex I

Annex II

Annex III

Annex IV