Proposal for a Council Regulation on marketing standards for eggs
Date: 2006-03-09
Institutions: European Commission
Subjects: Community budget, Member States' contribution, budgetary equilibrium, own resources

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 18.4.2006 
COM(2006) 89 final /3 

CORRIGENDUM: 
Annuls et replaces document COM(2006) 89 final /2 of 9.3.2006. 
Articles 4(3), 6(1) and 7(3) were corrected. 
Only the EN version is concerned. 

Proposal for a 

COUNCIL REGULATION 

on marketing standards for eggs 

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EXPLANATORY MEMORANDUM 

Due  to  a  material  error,  the  English  version  of  the  proposal  for  a  Council  Regulation  on 
marketing standards for eggs [COM(2006) 89] adopted by the Commission on 9 March 2006 
does not correspond to the other language versions which are correct. 

The  English  version  (original)  has  to  be  replaced  by  the  version  taking  account  of  the 
modifications  resulting  from  the  interservice  consultation  and  on  which  the  Legal  Service 
gave its agreement. The differences in relation to the initially adopted version are indicated in 
track changes. 

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Proposal for a 

COUNCIL REGULATION 

on marketing standards for eggs 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, 

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 Commission2, 

Whereas: 

(1)  Marketing standards for eggs can contribute to the improvement in the quality of eggs 
and,  consequently,  facilitate  their  sale.  It  is  therefore  in  the  interest  of  producers, 
traders and consumers that marketing standards should be applied in respect of eggs. 

(2) 

(3) 

(4) 

(5) 

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The experience gained from the application of Council Regulation (EEC) No 1907/90 
of 26 June 1990 on certain marketing standards for eggs3 has made apparent the need 
for  further  amendments  and  simplification.  Regulation  (EEC)  No 1907/90  should 
therefore be repealed and replaced by a new Regulation. 

The  standards  should  in  principle  be  applicable  to  all  eggs  of  hens  of  the  species 
Gallus  gallus  marketed  in  the  Community.  Nevertheless,  it  appears  advisable  to 
exempt  from  the  application  of  those  standards  certain  forms  of  direct  sale  from  the 
producer to the final consumer where small quantities are involved. 

A  clear  distinction  should  be  drawn  between  eggs  suitable  for  direct  human 
consumption and eggs not suitable for direct human consumption, in particular broken 
or incubated eggs, which are for use in the food and non-food industry. Two quality 
classes of eggs, Class A and Class B, should therefore be distinguished. 

The  consumer  should  be  able  to  distinguish  between  eggs  of  different  quality  and 
weight grades and should be able to identify the farming method used in accordance 
with  Commission  Directive  2002/4/EC  of  30  January  2002  on  the  registration  of 

OJ L 282, 1.11.1975, p. 49. Regulation as last amended by Regulation (EC) No 1913/2005 (OJ L 307, 
25.11.2005, p. 2). 
OJ C […] […], p. […] 
OJ  L  173,  6.7.1990,  p. 5.  Regulation  as  last  amended  by  Regulation  (EC)  No 1039/2005  (OJ L 172, 
5.7.2005, p. 1). 

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establishments keeping laying hens, covered by Council Directive 1999/74/EC4. This 
requirement should be met by marking eggs and stamping packs. 

Eggs should be marked with the distinguishing number of the producer as provided for 
in  Directive  2002/4/EC  in  order  to  be  able  to  trace  eggs  placed  on  the  market  for 
human consumption. 

In  order  to  prevent  fraudulent  practices,  Class  A  eggs  should  be  marked  as  early  as 
possible after laying. 

Packing centres that are approved in accordance with Regulation (EC) No 853/2004 of 
the  European  Parliament  and  the  Council  of  29  April  2004  laying  down  specific 
hygiene rules for food of animal origin5 should grade eggs by quality and weight. 

In order to make sure that packing centres are adequately equipped to grade eggs and 
pack  Class  A  eggs,  they  should  also  be  authorised  by  the  competent  authorities  and 
receive a packing centre code that facilitates the tracing of eggs placed on the market. 

(6) 

(7) 

(8) 

(9) 

(10) 

It is essential, in the interest of both producers and consumers, that eggs imported from 
third  countries  comply  with  Community  standards.  However,  special  provisions  in 
force  in  certain  third  countries  may  justify  derogations  from  those  standards  if  the 
equivalence of legislation is guaranteed. 

(11)  The  Member  States  should  designate  the  agency  or  agencies  responsible  for 
supervision  of  this  Regulation.  The  procedures  for  such  supervision  should  be 
uniform. 

(12)  The Member State should lay down rules on penalties applicable to infringements of 

the provisions of this Regulation. 

(13)  The measures necessary for the implementation of this Regulation should be adopted 
in accordance with Council Decision 1999/468/CE of 28 June 1999 laying down the 
procedures for the exercise of implementing powers conferred on the Commission6, 

HAS ADOPTED THIS REGULATION: 

Article 1 – Subject matter and scope 

This Regulation lays down the conditions of marketing within the Community of the 
eggs produced in the Community or imported from third countries. 

Those  conditions  of  marketing  shall  also  apply  to  eggs  intended  for  export  outside 
the Community. 

This  Regulation  shall  not  apply  to  eggs  sold  directly  to  the  final  consumer  by  the 
producer:  

(a) 

on his own farm,  

OJ L 30, 31.1.2002, p. 44. Directive as amended by the 2003 Act of Accession. 
OJ L 139, 30.4.2004, p. 55. Corrected version in OJ L 226, 25.6.2004, p. 22. 
OJ L 184, 17.7.1999, p. 23. 

1. 

2. 

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(b) 

in  a  local  public  market  in  the  region  of  production  of  the  Member  State 
concerned with the exception of auction markets, or  

(c) 

by door-to-door selling. 

Article 2 – Definitions 

For the purposes of this Regulation, the following definitions shall apply: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

“eggs”  means  eggs  in  shell  from  hens  of  the  species  Gallus  gallus,  fit  for  human 
consumption or for use in the food industry, except for broken eggs, incubated eggs 
and cooked eggs; 

“broken  eggs”  means  eggs  showing  breaks  of  both  the  shell  and  the  membranes, 
resulting in the exposure of their contents; 

“incubated eggs” means eggs from the time of insertion in the incubator; 

“marketing” means holding or displaying for sale, offering for sale, selling, delivery 
or any other form of placing on the market; 

“production  site”  means  an  establishment  keeping  laying  hens  approved  in 
accordance with Directive 2002/4/EC; 

“packing  centre”  means  an  establishment  approved  in  accordance  with  Regulation 
(EC) No 853/2004, where eggs are graded by quality and weight; 

“final  consumer”  means  the  ultimate  consumer  of  a  foodstuff  who  will  not  use  the 
food as part of any food business operation or activity. 

Article 3 – Quality and weight classes 

1. 

Eggs shall be graded by quality as follows: 

– 

– 

Class A or “fresh”, 

Class B or “second quality”. 

Class A eggs shall also be graded by weight. 

Class B eggs shall only be delivered to the food and non-food industry. 

Article 4 – Marking of eggs 

Class A eggs shall be marked with the distinguishing number of the production site 
as  provided  for  in  point  2  of  the  Annex  to  Directive  2002/4/EC,  in  order  to  permit 
inter alia the farming method to be identified. 

The  marking  of  eggs  in  accordance  with  paragraph 1  shall  take  place  at  the 
production site or at the first packing centre to which eggs are delivered. 

By  way  of  derogation  from  Article  1(2),  eggs  sold  by  the  producer  to  the  final 
consumer on a local public market in the region of production of the Member State 
concerned shall be marked in accordance with paragraph 1 of this Article. 

2. 

3. 

1. 

2. 

3. 

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1. 

2. 

1. 

2. 

3. 

1. 

2. 

3. 

However,  Member  States  may  exempt  from  this  requirement  producers  whose 
holding does not exceed 50 laying hens, provided that the name and address of the 
holding are indicated at the place of sale. 

Article 5 – Packing centres 

Eggs shall be graded by quality and weight in packing centres.  

The competent authority shall authorise packing centres to grade eggs and shall allot 
a packing centre code to any undertaking or producer whose premises and technical 
equipment  are  suitable  for  grading  eggs  by  quality  and  weight.  Such  authorisation 
may be withdrawn whenever the required conditions laid down in the implementing 
rules adopted pursuant to Article 11 are no longer fulfilled. 

Article 6 – Import of eggs 

The  Commission  shall  evaluate  the  marketing  standards  for  eggs  applicable  in 
exporting third countries on request of the country concerned. This evaluation shall 
extend to the rules on marking and labelling, farming methods and controls, as well 
as implementation. If it finds that the rules applied offer sufficient guarantees as to 
equivalence  with  Community  legislation,  eggs  imported  from  the  countries 
concerned  shall  be  marked  with  a  distinguishing  number  equivalent  to  the  one 
referred to in Article 4(1). 

The  Commission  shall,  where  necessary,  conduct  negotiations  with  third  countries 
aiming  at  finding  appropriate  ways  of  offering  guarantees  as  referred  to  in 
paragraph 1 and concluding agreements on such guarantees. 

If  sufficient  guarantees  as  to  equivalence  of  rules  are  not  provided,  imported  eggs 
from the third country concerned shall bear a code permitting the identification of the 
country of origin and the indication that the farming method is “unspecified”. 

Article 7 – Controls 

The Member States shall appoint agencies to check compliance with this Regulation. 

The  agencies  referred  to  in  paragraph  1  shall  check  the  products  covered  by  this 
Regulation  at  all  stages  of  marketing,  including  loading,  unloading  and  transport. 
Apart  from  random  sampling,  checks  shall  be  carried  out  on  the  basis  of  a  risk 
analysis, taking into account the type and throughput of the establishment concerned, 
as  well  as  the  operator’s  past  records  as  regards  compliance  with  the  marketing 
standards for eggs. 

For Class A eggs imported from third countries, checks provided for in paragraph 2 
shall  be  made  at  the  time  of  custom  clearance  and  prior  to  the  release  for  free 
circulation.  

Class B eggs imported from third countries shall be released for free circulation only 
provided that their final destination to processing industry is checked at the time of 
custom clearance. 

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Article 8 – Penalties 

The Member States shall  lay  down  the rules on penalties applicable  to infringements of  the 
provisions  of  this  Regulation  and  shall  take  all  measures  necessary  to  ensure  that  they  are 
implemented. The penalties provided for must be effective, proportionate and dissuasive. 

Article 9 – Communications 

The  Member  States  and  the  Commission  shall  communicate  to  each  other  the  information 
necessary for the application of this Regulation. 

Article 10 – Committee 

1. 

2. 

The  Commission  shall  be  assisted  by  the  Management  Committee  for  Poultrymeat 
and Eggs. 

Where reference is made to this Article, Articles 4 and 7 of Decision 1999/468/EC 
shall apply. 

The  period  laid  down  in  Article  4(3)  of  Decision  1999/468/EC  shall  be  set  at  one 
month. 

3. 

The Committee shall adopt its Rules of Procedure. 

Article 11 –Implementing rules 

Detailed rules for the implementation of this Regulation shall be adopted in accordance with 
the procedure referred to in Article 10(2), in particular regarding: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

1. 

2. 

frequency of collection, delivery, preservation and handling of eggs; 

quality  criteria  and  weight  grading,  as  well  as  exceptions  to  the  grading 
requirements; 

particulars of indications on eggs and stamping of packs; 

checks and controls; 

trade with third countries; 

communications referred to in Article 9. 

Article 12 – Repeal 

Regulation (EEC) No 1907/90 is repealed from 1 July 2007. 

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

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Article 13 – Entry into force 

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 July 2007. 

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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ANNEX 

Correlation table 

Regulation (EEC) No 1907/90 

This Regulation 

Article 1 

Article 2(1) 

Article 2(3) 

Article 2(4) 

Article 3 

Article 4 

Article 5(1) and (3) 

Article 5(2) 

Article 6(1) and (2) 

Article 6(3) 

Article 6(4) and (5) 

Article 7(1)(a) 

Article 7(1)(b) and (c) 

Article 7(1)(d) 

Article 7(2) 

Article 8 

Article 9 

Article 10 

Article 11 

Article 12 

Article 13  

Article 14 

Article 15 

Article 16(1) first sentence 

Article 17 

Article 18 

Article 19 

Article 20(1) 

Article 20(2) – (4) 

Article 21 

Article 22(1) 

Article 22a 

Article 23 

Article 24 

Annex I 

Article 2 

Article 1(1) 

– 

– 

– 

– 

Article 5 

– 

Article 3 

Article 11 

– 

Article 4(1) 

Article 6 

Article 11 

– 

– 

– 

– 

– 

– 

– 

– 

– 

Article 1(2) 

– 

Article 7(1) and (2) 

– 

Article 11 

– 

Article 8 

Article 9 

– 

Article 12 

Article 13 

Annex 

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