Proposal for a Council Regulation amending Regulation (EEC) No 1907/90 on certain marketing standards for eggs
Date: 2005-05-26
Institutions: European Commission
Subjects: egg, marketing standard

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 26.5.2005 
COM(2005) 215 final 

Proposal for a 

COUNCIL REGULATION 

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

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

By Regulations (EC) Nos 5/2001 and 2052/2003 amending Regulation (EEC) No 1907/90 on 
certain marketing standards for eggs, the Council made compulsory as from 1 January 2004 
the  marking  of  all  grade  A  (fresh)  eggs  in  the  Community  with  a  code  identifying  the 
producer and permitting the farming method to be identified. A derogation allowed eggs sold 
on local public markets to be marked from 1 July 2005 only. 

The  latter  requirement  creates  problems,  in  particular  in  the  new  Member  States  where  the 
sale of eggs in small quantities on local public markets is extremely widespread. 

The  Commission  has  therefore  been  asked  to  provide  for  a  derogation  from  the  marking  of 
eggs sold on local public markets in the region of production. This request is justified by the 
socioeconomic importance of direct sales of certain agricultural products, such as table eggs, 
for small producers. 

The Council Regulation should therefore be amended to allow the Member States to exempt, 
on an optional basis and under certain conditions, small producers with up to 50 laying hens 
from compulsory marking of eggs sold on the local public market. 

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Proposal for a 

COUNCIL REGULATION 

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 eggs1, and in particular Article 2(2) thereof, 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

From  1  July  2005,  eggs  sold  on  a  local  public  market  must  be  stamped  with  a  code 
designating the producer’s distinguishing number and permitting the farming method 
to  be  identified  in  accordance  with  Article 7(1)(a)  of  Council  Regulation  (EEC) 
No 1907/902.  In  some  Member  States,  this  requirement  could  create  difficulties  for 
small,  low-income  holdings,  where  egg  production  is  often  only  a  sideline.  As  the 
possibility of selling these table eggs on local public markets is of great economic and 
social  importance  for  such  holdings,  Member  States  should  be  permitted  to  exempt 
them from the compulsory marking requirement. A derogation should therefore be laid 
down to this end for holdings with up to 50 laying hens. 

(2) 

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

HAS ADOPTED THIS REGULATION: 

Article 1 

The last subparagraph of Article 2(3) of Regulation (EEC) No 1907/90 is hereby replaced by 
the following: 

“However, eggs sold by the producer on a local public market shall carry the code defined in 
Article 7(1)(a). Member States may exempt producers of eggs whose holding does not exceed 
50 laying  hens  from  this  requirement,  provided  that  those  eggs  are  sold  on  a  local  public 
market in the region of production and that the name and address of the holding are indicated 
at the place of sale.” 

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OJ L 282, 1.11.1975, p. 49. Regulation as last amended by Commission Regulation (EC) No 2052/2003 
(OJ L 305, 22.11.2003, p. 1). 
OJ L 173, 6.7.1990, p. 5. Regulation as last amended by Commission Regulation (EC) No 2052/2003 
(OJ L 305, 22.11.2003, p. 1). 

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Article 2 

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

It shall apply from 1 July 2005. 

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

Done at Brussels, 

For the Council 
The President 

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