Council Regulation (EC) No 1028/2006 of  19 June 2006  on marketing standards for eggs
Date: 2006-06-19
Institutions: Council of the European Union
Subjects: egg, marketing standard

7.7.2006

EN

Official Journal of the European Union

L 186/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1028/2006

of 19 June 2006

on marketing standards for eggs

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty
Community,

establishing the European

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)

for eggs can contribute to the
Marketing standards
improvement in the quality of eggs and, consequently,
is therefore in the interest of
facilitate their sale.
producers,
that marketing
traders
standards are applied in respect of eggs.

consumers

It
and

The experience gained from the application of Council
Regulation (EEC) No 1907/90 of 26 June 1990 on
eggs (2) has made
certain marketing standards
apparent the need for further amendments and simplifi-
cation. Regulation (EEC) No 1907/90 should therefore be
repealed and replaced by a new Regulation.

for

The standards should in principle be applicable to all
eggs of hens of the species Gallus gallus marketed in
it appears advisable to
the Community. Nevertheless,
give to the Member States the possibility to exempt
from the application of
sold
through certain forms of direct sale from the producer
to the
are
involved.

those standards eggs

consumer where

small quantities

final

(4)

(5)

(6)

(7)

(8)

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

It should be possible for the consumer to distinguish
between eggs of different quality and weight grades and
to identify the farming method used in accordance with
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). This
requirement should be met by marking eggs and packs.

Class A eggs should be marked with the distinguishing
number of the producer as provided for in Directive
2002/4/EC in order
to enable the tracing of eggs
placed on the market for human consumption. Class B
eggs should also be marked in order to prevent frau-
dulent practices. However,
it should also be possible
for Class B eggs to be marked with an indication other
than the producer code as long as it allows for the
distinction
In
gradings.
different
the
accordance with the principle of proportionality,
Member States should be allowed to provide for dero-
gations where class B eggs are marketed exclusively on
their territory.

between

quality

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

Packing centres that are approved in accordance with
Regulation (EC) No 853/2004 of
European
Parliament and of the Council of 29 April 2004 laying
down specific hygiene rules for food of animal origin (4)
should grade eggs by quality and weight. Packing centres
working exclusively for the food and non-food industry
should not be required to grade eggs by weight.

the

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

Accession.

lation (EC) No 679/2006 (OJ L 119, 4.5.2006, p. 1).

(2) 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).

(4) OJ L 139, 30.4.2004, p. 55. Corrected version in OJ L 226,
25.6.2004, p. 22. Regulation as last amended by Commission Regu-
lation (EC) No 2076/2005 (OJ L 338, 22.12.2005, p. 83).

(3) OJ L 30, 31.1.2002, p. 44. Directive as amended by the 2003 Act of

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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.

Article 2

Definitions

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

(9)

(10)

is essential,

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

from those

derogations

standards

if

(11) Member States should designate the inspection services
The
supervising

responsible
procedures for such supervision should be uniform.

this Regulation.

for

(12) Member States

should lay down rules on penalties
this

the provisions of

applicable to infringements of
Regulation.

(13)

The measures necessary for the implementation of this
Regulation should be
adopted in accordance with
Council Decision 1999/468/EC of 28 June 1999 laying
down the procedures for the exercise of implementing
powers conferred on the Commission (1),

HAS ADOPTED THIS REGULATION:

Article 1

Subject-matter and scope

This Regulation lays down the conditions of marketing
eggs produced in the
the

1.
within the Community of
Community or imported from third countries.

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

2. Member States may exempt from the requirements of this
Regulation, with the exception of Article 4(3), eggs sold directly
to the final consumer by the producer:

(a) on the production site, or

1.

2.

3.

4.

5.

6.

7.

8.

9.

‘eggs’ means eggs in shell — other than broken, incubated or
cooked eggs — that are produced by hens of the species
Gallus gallus and are fit for direct human consumption or
for the preparation of egg products;

‘broken eggs’ means eggs showing breaks of both the shell
their
and the membranes,
contents;

resulting in the exposure of

‘incubated eggs’ means eggs from the time of insertion in the
incubator onwards;

‘marketing’ means holding eggs for the purpose of sale,
including offering for
labelling,
transfer, whether free of
delivery, or any other form of
charge or not;

storage, packing,

sale,

‘operator’ means a producer and any other natural or legal
person involved in the marketing of eggs;

‘production site’ means an establishment keeping laying hens
registered in accordance with Directive 2002/4/EC;

‘packing centre’ means a packing centre within the meaning
of Regulation (EC) No 853/2004 that is authorised according
to Article 5(2) of this Regulation and 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;

‘producer code’ means the distinguishing number of
production site according to point 2 of
Directive 2002/4/EC.

the
the Annex to

Article 3

Quality and weight grading

(b) in a local public market or by door-to-door selling in the
region of production of the Member State concerned.

1.

Eggs shall be graded by quality as follows:

Where such exemption is granted, each producer shall be able
to choose whether to apply such exemption or not. Where this
exemption is applied, no quality and weight grading may be
used.

The Member State may establish, according to national law, the
definition of the terms local public market, door-to-door selling
and region of production.

(1) OJ L 184, 17.7.1999, p. 23.

— Class A or ‘fresh’,

— Class B.

2.
Class A eggs shall also be graded by weight. However,
grading by weight shall not be required for eggs delivered to
the food and non-food industry.

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

3.
food industry.

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Article 4

Marking of eggs

1.

Class A eggs shall be marked with the producer code.

Class B eggs shall be marked with the producer code and/or
with another indication.

If sufficient guarantees as to equivalence of rules are not
3.
provided, imported eggs from the third country concerned shall
bear a code permitting the identification of
the country of
the farming method is ‘un-
origin and the indication that
specified’.

Article 7

Checks

Member States may exempt Class B eggs from this requirement
where those eggs are marketed exclusively on their territory.

The Member States shall appoint inspection services to

1.
check compliance with this Regulation.

The marking of eggs in accordance with paragraph 1 shall
2.
take place at the production site or at the first packing centre to
which eggs are delivered.

Eggs sold by the producer to the final consumer on a local
3.
public market in the region of production of the Member State
concerned shall be marked in accordance with paragraph 1 of
this Article.

However, Member States may exempt from this requirement
producers with up to 50 laying hens, provided that the name
and address of the producer are indicated at the point of sale.

Article 5

Packing centres

Packing centres shall grade and pack eggs and label their

1.
packs.

2.
The competent authority shall authorise packing centres
to grade eggs and shall allot a packing centre code to any
operator whose premises and technical equipment are suitable
for grading eggs by quality and weight. No suitable technical
equipment for grading eggs by weight shall be required for
packing centres working exclusively for the food and non-
food industry.

Such authorisation may be withdrawn whenever

3.
required conditions
adopted pursuant to Article 11 are no longer fulfilled.

the
laid down in the implementing rules

Article 6

Import of eggs

1.
The Commission shall evaluate 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 producer code.

The Commission shall, where necessary, conduct nego-
2.
tiations with third countries aimed at
finding appropriate
ways of offering guarantees as referred to in paragraph 1 and
concluding agreements on such guarantees.

The inspection services referred to in paragraph 1 shall
2.
check the products covered by this Regulation at all stages of
marketing. 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
compliance with the
as
marketing standards for eggs.

records

regards

For Class A eggs imported from third countries, checks
3.
provided for in paragraph 2 shall be made at the time of
customs clearance and prior to the release for free circulation.

Class B eggs imported from third countries shall be released for
free circulation only after checking at
the time of customs
clearance that their final destination is the processing industry.

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 shall 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

The Commission shall be assisted by the Management

1.
Committee for Poultrymeat and Eggs.

2. 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.

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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. frequency of collection, delivery, preservation and handling

of eggs;

2. quality criteria, in particular the appearance of the shell, the
consistency of the white and the yolk and the height of the
air space;

3. weight grading, including exceptions;

4. marking of eggs and indications on packs, including further

exceptions;

5. checks;

6. trade with third countries;

8. farming methods;

9. records and keeping of registers.

Article 12

Repeal

Regulation (EEC) No 1907/90 is repealed with effect from

1.
1 July 2007.

References to the repealed Regulation shall be construed
2.
as references to this Regulation and shall be read in accordance
with the correlation table in the Annex.

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.

7. communications referred to in Article 9;

It shall apply from 1 July 2007.

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

Done at Luxembourg, 19 June 2006.

For the Council
The President

J. PRÖLL

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ANNEX

Correlation table

Regulation (EEC) No 1907/90

This Regulation

Article 1

Article 2(1)

Article 2(2)

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(1)

Article 8(2)

Article 9

Article 10

Article 11

Article 12

Article 13

Article 14

Article 15

Article 16(1) first sentence

Article 16(2) and (3)

Article 17

Article 18

Article 19

Article 20

Article 21

Article 22(1)

Article 22(2)

Article 22a

Article 23

Article 24

Annex

Annex II

Article 2

Article 1(1)

—

Article 1(2)

—

—

—

Article 5

—

Article 3

Article 11

—

Article 4(1)

Article 6

Article 11

—

Article 4(1)

—

—

—

—

—

—

—

—

Article 1(1) 2nd subparagraph

—

—

Article 7(1) and (2)

—

Article 11

Article 8

Article 9

Article 11

—

Article 12

Article 13

Annex

—