Commission Regulation (EC) No 557/2007 of 23 May 2007 laying down detailed rules for implementing Council Regulation (EC) No 1028/2006 on marketing standards for eggs
Date: 2007-05-23
Institutions: European Commission
Subjects: consumer information, egg, labelling, laying poultry, livestock farming, marketing standard, packaging, preparation for market, quality control of agricultural products, traceability

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 557/2007

of 23 May 2007

laying down detailed rules for implementing Council Regulation (EC) No 1028/2006 on marketing
standards for eggs

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1028/2006 of 19
June 2006 on marketing standards for eggs (1), and in particular
Article 11 thereof,

Whereas:

(1)

(2)

(3)

for

the implementation of

Regulation (EC) No 1028/2006 lays down the basic
requirements which eggs must satisfy to be marketed
in the Community. For the sake of clarity, new detailed
rules
those requirements
should be laid down. 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 (2)
should therefore be repealed and replaced by a new
Regulation.

the

Regulation (EC) No 852/2004 of
European
Parliament and of the Council of 29 April 2004 on
foodstuffs (3) and Regulation (EC) No
the hygiene of
853/2004 of
the
the European Parliament and of
Council of 29 April 2004 laying down specific hygiene
food of animal origin (4) apply to eggs.
rules
for
Therefore,
reference should be made to the extent
possible to those horizontal Regulations.

The quality characteristics for Class A eggs should be
fixed in order to guarantee the high quality of eggs to
be delivered directly to the final consumer and to set
criteria that can be checked by inspection services.
Such quality
based on
the United Nations Economic
Standard No 42 of
the
Commission for Europe
marketing and commercial quality controls of eggs-in-
shell moving in international
trade between and to
UN/ECE member countries.

characteristics

concerning

(UN/ECE)

should

be

(4)

Cold eggs left out at room temperature can lead to
condensation, facilitating the growth of bacteria on the

(1) OJ L 186, 7.7.2006, p. 1.
(2) OJ L 340, 24.12.2003, p. 16. Regulation as last amended by Regu-

lation (EC) No 2001/2006 (OJ L 379, 28.12.2006, p. 39).

(3) OJ L 139, 30.4.2004, p. 1. Corrected by OJ L 226, 25.6.2004, p. 3.
(4) OJ L 139, 30.4.2004, p. 55. Corrected by OJ L 226, 25.6.2004,
p. 22. Regulation as last amended by Council Regulation (EC) No
1791/2006 (OJ L 363, 20.12.2006, p. 1).

shell and probably ingress into the egg. Therefore, eggs
must be stored and transported preferably at a constant
temperature, and should in general not be refrigerated
before sale to the final consumer.

should not be

In general, eggs should not be washed or cleaned because
such practices can cause damage to the egg shell, which
is an effective barrier to bacterial ingress with an array of
antimicrobial properties for
the egg. However, some
practices, such as treatment of eggs with ultra-violet
constituting a
rays,
cleaning process. Moreover, Class A eggs should not be
washed because of the potential damage to the physical
barriers, such as the cuticle, which can occur during or
trans-shell
after washing. Such damage may favour
contamination with bacteria and moisture loss and
thereby increase the risk to consumers, particularly if
subsequent drying and storage
are not
optimal.

interpreted as

conditions

However, egg-washing systems subject to authorisation
and operating under carefully controlled conditions are
used in some Member States with good results.
According to the opinion of the European Food Safety
Authority, Scientific Panel on Biological Hazards on the
request
from the Commission related to the Micro-
biological risks on washing of Table Eggs adopted on 7
September
as
performed in certain packing centres can be sustained
from a hygienic standpoint provided,
inter alia, that a
code of practice for egg-washing systems is developed.

egg-washing

2005 (5),

practice

the

Class A eggs should be graded by weight, and a limited
number of weight grades and corresponding clear terms
should be fixed as minimum labelling requirements,
which do not rule out additional voluntary labelling,
provided the requirements of Directive 2000/13/EC of
the European Parliament and of
the Council of 20
March 2000 on the approximation of the laws of the
Member States relating to the labelling, presentation and
advertising of foodstuffs (6) are met.

undertakings whose premises

technical
Only
their
equipment are suited to the scale and type of
operations, and which therefore allow eggs
to be
handled properly, should be authorised to grade eggs
by quality and weight as packing centres.

and

(5)

(6)

(7)

(8)

(5) The EFSA Journal (2005) 269, 1-39.
(6) OJ L 109, 6.5.2000, p. 29. Directive as

last amended by
Commission Directive 2006/142/EC (OJ L 368, 23.12.2006,
p. 110).

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Maximum time limits for the grading, marking, packing
of eggs and marking of packs should be fixed in order to
facilitate checks as provided for in Article 7(2) of Regu-
lation (EC) No 1028/2006.

to grant
period of one year should be laid down.

such exemptions, a reasonable transitional

(9)

(10)

(11)

In addition to the general obligation to establish trace-
ability of food, feed, food-producing animals, and any
other substance intended to be, or expected to be, incor-
porated into food or feed at all stages of production,
processing and distribution in accordance with Regu-
lation (EC) No 178/2002 of the European Parliament
and of the Council of 28 January 2002 laying down
food law,
the general principles and requirements of
establishing the European Food Safety Authority and
food safety (1),
laying down procedures in matters of
certain information on transport packaging containing
eggs and accompanying documents for the purpose of
carrying out checks should be laid down.

the purpose of performing checks effectively as
For
in Article 7(2) of Regulation (EC) No
provided for
1028/2006,
the marking of eggs with the producer
code at the production site is essential where eggs are
delivered to another Member State. In accordance with
the second subparagraph of Article 4(1) of Regulation
(EC) No 1028/2006, Class B eggs are to be marked
with the producer code and/or with another indication
if marketed in another Member State.
It should be
clarified that in case the producer code alone does not
allow for a clear distinction of the quality grading, Class
B eggs should be marked with another indication.

(12)

The composition of the producer code provided for in
Article 4 of Regulation (EC) No 1028/2006 should be
fixed. Moreover, it should be clarified that an exception
to the marking requirement with the producer code may
be made if the technical equipment for egg marking does
not allow for marking cracked or soiled eggs.

(13)

The characteristics of the other possible indications for
marking Class B eggs as referred to in Article 4(1) of
Regulation (EC) No 1028/2006 should be defined.

(14) Under Article 2(2)(b) of Council Regulation (EEC) No
1907/90 of 26 June 1990 on certain marketing
standards for eggs (2), provisions on marking did not
apply to eggs delivered directly to the food industry for
processing.
to improve controls on such
deliveries, Member States should grant exemptions from
the marking requirement only on request of
such
in order to allow Member States
operators. However,

In order

(1) OJ L 31, 1.2.2002, p. 1. Regulation as last amended by Commission

Regulation (EC) No 575/2006 (OJ L 100, 8.4.2006, p. 3).

(2) OJ L 173, 6.7.1990, p. 5. Regulation repealed by Regulation (EC) No

1028/2006 with effect from 1 July 2007.

(15) Directive 2000/13/EC lays down rules of a general nature
applicable to all foodstuffs put on the market. However,
some specific marking requirements should be provided
for packs.

(16) Article 9 of Directive 2000/13/EC defines the date of
minimum durability of a foodstuff to be the date until
which the foodstuff retains its specific properties when
properly stored. For the sake of clarity, this date should
be fixed at not more than 28 days after laying.

(17)

Eggs may be sold with an indication highlighting the
particular
this purpose, a
maximum time limit should be fixed clarifying the use
of such indications.

the egg. For

freshness of

(18)

Eggs may be sold with an indication highlighting the
particular feed formula fed to the laying hens. It is appro-
priate to fix minimum requirements for such indications.

(19) When eggs are sold loose, certain information normally
on the pack should be accessible to the consumer.

(20)

In addition to the general hygiene requirements for the
wrapping and packaging of foodstuffs, some additional
requirements should be laid down in order to minimise
the risk of deterioration or contamination of eggs during
storage and transport. Such standards should be based on
UN/ECE Standard No 42.

(21)

Industrial eggs are unfit for human consumption. It is
therefore appropriate to require special bands or labels
for the easy identification of packaging containing such
eggs.

(22) Only packing centres have the premises and technical
equipment suitable for repacking eggs.
is therefore
appropriate to limit any repacking activities to packing
centres.

It

(23)

in

Food business operators are obliged to establish trace-
ability
(EC) No
accordance with Regulation
178/2002. Producers, collectors and packing centres
should be obliged to keep specific additional records in
order to allow inspection services to check compliance
with the marketing standards.

(24)

The methods and criteria for conducting checks should
be laid down.

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(25)

(26)

(27)

It is appropriate to check compliance with the marketing
standards for a batch as a whole, and the marketing of a
batch found not to be compliant should be prohibited
unless compliance can be proven.

Certain tolerances should be allowed when checking
compliance with
Such
the marketing
according to the different
should differ
tolerances
requirements and marketing stages.

standards.

Third countries may have requirements different from
those fixed for the Community for the marketing of
eggs.
In order to facilitate exports, eggs packed and
intended for export should be allowed to conform to
such requirements.

(28) Details should be fixed regarding the assessment of the
equivalence of third country marketing standards with
Community
the
to
Commission at the request of third countries. Certain
marking and labelling requirements for eggs imported
from third countries should be laid down.

conducted

legislation

by

be

(29)

It is useful for the Commission to have data available on
the number of laying hen places registered.

(30) Member States

in-
should communicate
fringements of the marketing standards so that other
Member States that may be affected can be alerted in
an appropriate manner.

significant

(31)

Egg supply for the retail trade in the French overseas
departments relies partly on the supply of eggs from
the duration of
the European continent.
In view of
transport and of climatic conditions,
the preservation
of eggs transported to the French overseas departments
presupposes
supply
arrangements, including the possibility to dispatch eggs
chilled. These special arrangements can be justified by the
current lack of sufficient local egg production capacities.
Until sufficient local production capacities are built up,
these exceptional arrangements should be prolonged for
a reasonable period of time.

fulfilment

specific

the

of

(32) Article 1(2) of Regulation (EC) No 1028/2006 allows
Member States to exempt certain forms of direct sales
of eggs from producers to the final consumer from the
requirements of that Regulation. In order to take account
of the specific conditions of egg marketing in certain
regions
to retail
outlets in those regions should be exempted from the
requirements of Regulation (EC) No 1028/2006 and of
this Regulation.

from producers

in Finland,

sales

(33) Member States should ensure that rearing of laying hens
in unenriched cage systems is prohibited with effect from
1 January 2012 in accordance with Article 5(2) of
Council Directive 1999/74/EC (1). The Commission
the
should
voluntary labelling provisions foreseen with regard to
enriched cages before that date in order to examine the
need of rendering this labelling compulsory.

application of

therefore

evaluate

the

(34)

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:

Article 1

Definitions

The definitions in Article 2 of Regulation (EC) No 1028/2006,
Article 2(1) of Regulation (EC) No 852/2004 and points 5 and
7.3 of Annex I to Regulation (EC) No 853/2004 shall apply as
appropriate.

In addition, the following definitions shall apply for the purpose
of this Regulation:

(a)

‘pack’ means a wrapping containing Class A or B eggs,
excluding transport packaging and containers of industrial
eggs;

(b) ‘loose sales’ means the offer for retail sale of eggs to the

final consumer, other than in packs;

(c)

‘collector’ means any establishment registered in accordance
with Article 6 of Regulation (EC) No 852/2004 to collect
eggs from a producer for delivery to a packing centre, to a
market selling exclusively to wholesalers whose under-
takings are approved as packing centres, or to food and
non-food industry;

(d)

‘sell-by date’ means the maximum time limit for delivery of
the egg to the final consumer according to point 3 of
Chapter
to Regulation
(EC) No 853/2004;

I of Section X of Annex III

(e)

‘food industry’ means any establishment producing egg
products
excluding
intended for human consumption,
mass caterers;

(f)

‘non-food industry’ means any business producing products
containing eggs not intended for human consumption;

(1) OJ L 203, 3.8.1999, p. 53. Directive as amended by Regulation (EC)

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

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(g)

‘mass caterers’ means the entities referred to in Article 1(2)
of Directive 2000/13/EC;

(h) ‘industrial eggs’ means eggs not

intended for human

consumption;

(i)

‘batch’ means the eggs in packs or loose from one and the
same production site or packing centre, situated in one
place, in the same packs or loose, with one and the same
laying date or date of minimum durability or packing date,
the same farming method, and in the case of graded eggs,
the same quality and weight grading;

(j)

‘repacking’ means the physical transfer of eggs to another
pack or the re-marking of a pack containing eggs.

Article 3

Washed eggs

1. Member States which, on 1 June 2003, authorised packing
centres to wash eggs may continue to authorise packing centres
to wash eggs, provided that those centres operate in accordance
with the national guides for egg-washing systems. Washed eggs
may only be marketed in the Member States in which such
authorisations have been issued.

the development of national guides

2.
The Member States referred to in paragraph 1 shall
encourage
to good
food business
egg-washing systems by the
practice
operators, in accordance with Article 8 of Regulation (EC) No
852/2004.

for

Article 2

Article 4

Quality characteristics of eggs

Grading of Class A eggs by weight

Class A eggs shall have the following quality character-

1.

Class A eggs shall be graded by weight as follows:

1.
istics:

(a) shell and cuticle: normal shape, clean and undamaged;

(a) XL-very large: weight ≥ 73 g;

(b) air space: height not exceeding 6 mm, stationary; however,
for eggs to be marketed as ‘extra’ it may not exceed 4 mm;

(b) L-large: weight ≥ 63 g and < 73 g;

(c) yolk: visible on candling as a shadow only, without clearly
discernible outline, slightly mobile upon turning the egg,
and returning to a central position;

(c) M-medium: weight ≥ 53 g and < 63 g;

(d) white: clear translucent;

(d) S-small: weight < 53 g.

(e) germ: imperceptible development;

(f)

foreign matter: not permissible;

(g) foreign smell: not permissible.

Class A eggs shall not be washed or cleaned, before or

2.
after grading, except as provided for in Article 3.

3.
Class A eggs shall not be treated for preservation or
chilled in premises or plants where the temperature is artificially
maintained at less than 5 °C. However, eggs which have been
kept at a temperature below 5 °C during transport for not more
than 24 hours or on retail premises or in annexes thereto for
not more than 72 hours shall not be considered as chilled.

4.
Class B eggs shall be eggs which do not meet the quality
characteristics provided for in paragraph 1. Class A eggs which
no longer have those characteristics may be downgraded to
Class B.

2.
The weight grading shall be indicated by the corre-
sponding letters or terms as defined in paragraph 1 or by a
combination of both, which may be supplemented by the corre-
indications may be
sponding weight ranges. Other additional
likely to be
used, provided that such indications are not
mistaken for the letters or terms defined in paragraph 1 and
comply with Directive 2000/13/EC.

3.
By way of derogation from paragraph 1, where Class A
eggs of different sizes are packed together in the same pack, the
minimum net weight of the eggs shall be given in grams and
the indication ‘Eggs of different sizes’ or equivalent terms shall
appear on the outer surface of the pack.

Article 5

Authorisation of packing centres

1.
Only undertakings satisfying the conditions laid down in
this Article shall be authorised as packing centres within the
meaning of Article 5 of Regulation (EC) No 1028/2006.

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The competent authority shall allot the packing centre a
2.
packing centre code with an initial code for the Member State
concerned as
the Annex to
specified in point 2.2 of
Commission Directive 2002/4/EC (1).

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

Packing centres

3.
equipment
necessary to ensure that eggs are handled properly. This
should include as appropriate:

shall have

technical

the

(a) suitable candling equipment, automatic or continuously
staffed throughout, allowing the quality of each egg to be
examined separately, or other appropriate equipment;

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

(c) equipment for grading eggs by weight;

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

(e) equipment for marking eggs.

Article 6

Time limit for grading, marking, packing of eggs and
marking of packs

Eggs shall be graded, marked and packed within 10 days

1.
of laying.

Eggs marketed in accordance with Article 14 shall be

2.
graded, marked and packed within four days of laying.

3.
The date of minimum durability referred to in Article
12(1)(d) shall be marked at the time of packing in accordance
with Article 9(2) of Directive 2000/13/EC.

Article 7

Information displayed on transport packaging

1. Without prejudice to Article 18 of Regulation (EC) No
178/2002, at
the production site, each transport packaging
containing eggs shall be identified by the producer by:

(a)

the producer’s name and address;

(b) the producer code;

(c)

the number of eggs and/or their weight;

(d) the laying date or period;

(e)

the date of dispatch.

(1) OJ L 30, 31.1.2002, p. 44.

2.
The information referred to in paragraph 1 shall be
applied to the transport packaging and be contained in ac-
companying documents. A copy of those documents shall be
kept by any intervening operator
to whom the eggs are
delivered. The originals of the accompanying documents shall
be kept by the packing centre that grades the eggs.

Where batches received by a collector are subdivided for
delivery to more
accompanying
than one operator,
transport
documents may be
container labels, provided that the latter include the information
referred to in paragraph 1.

substituted by appropriate

the

3.
The information referred to in paragraph 1 applied to the
transport packaging shall not be modified and shall remain on
the transport packaging until removal of eggs for immediate
grading, marking and packing.

Article 8

Marking of eggs for cross-border delivery

1.
Eggs delivered from a production site to a collector, a
packing centre or non-food industry situated in another
Member State shall be marked with the producer code before
leaving the production site.

A Member State on whose territory the production site is
2.
situated may grant an exemption from the
requirement
provided for in paragraph 1, where a producer has signed a
delivery contract with a packing centre in another Member State
requiring the marking in accordance with this Regulation. Such
an exemption may be granted only at the request of both
operators concerned and with the prior written agreement of
the Member State where the packing centre is situated. In such
the delivery contract shall accompany the
cases, a copy of
consignment.

The minimum duration of delivery contracts referred to in

3.
paragraph 2 may not be less than one month.

4.
The inspection services, referred to in Article 7(1) of Regu-
lation (EC) No 1028/2006, of the Member States concerned,
and of any transit Member States, shall be informed before an
exemption is granted in accordance with paragraph 2 of this
Article.

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Class B eggs marketed in another Member State shall be
5.
marked in accordance with Article 4(1) of Regulation (EC) No
1028/2006 and, where appropriate, bear an indication in
accordance with Article 10 of this Regulation so as to ensure
that they can easily be distinguished from Class A eggs.

Article 9

Producer code

1.
The producer code shall consist of the codes and letters
provided for in point 2 of the Annex to Directive 2002/4/EC. It
shall be easily visible and clearly legible and be at least 2 mm
high.

2. Without prejudice to the third subparagraph of Article
4(1) of Regulation (EC) No 1028/2006, where it
is not
possible for technical reasons to mark cracked or soiled eggs,
marking with the producer code shall not be compulsory.

Article 10

Indications on Class B eggs

The indication referred to in the second subparagraph of Article
4(1) of Regulation (EC) No 1028/2006 shall be a circle at least
12 mm in diameter around the letter ‘B’ at least 5 mm high, or
an easily visible colour spot of at least 5 mm in diameter.

(b) the quality grading; packs shall be identified either by the
words ‘Class A’ or the letter ‘A’ whether alone or in combi-
nation with the word ‘fresh’;

(c)

the weight grading in accordance with Article 4(2) of this
Regulation;

(d) the date of minimum durability in accordance with Article

13 of this Regulation;

(e)

the wording ‘washed eggs’ for eggs washed in accordance
with Article 3 of this Regulation;

(f) as a special storage condition in accordance with Article
3(1)(6) of Directive 2000/13/EC, an indication advising
consumers to keep eggs chilled after purchase.

2.
In addition to the requirements laid down in paragraph 1,
packs containing Class A eggs shall bear on the outer surface in
easily visible and clearly legible type the farming method.

For the identification of the farming method only the following
terms shall be used:

(a)

for conventional farming, the terms set out in Part A of
Annex I, and only if the relevant conditions laid down in
Annex II are fulfilled;

(b) for organic production, the terms set out in Article 2 of

Council Regulation (EEC) No 2092/91 (1).

Marking of eggs delivered directly to the food industry

The meaning of the producer code shall be explained on or
inside the pack.

Article 11

1.
Until 30 June 2008, the marking obligations provided for
in Article 4(1) of Regulation (EC) No 1028/2006 shall not
apply to eggs produced in the Community, collected by the
itself approved in accordance with
food industry operator
Article 4 of Regulation (EC) No 853/2004, directly from its
habitual suppliers. In that case, the delivery shall be under the
full
food industry operator, which
accordingly undertakes to use the eggs only for processing.

responsibility of

the

2.
From 1 July 2008, Member States may exempt operators
at their request from the marking obligations provided for in
Article 4(1) of Regulation (EC) No 1028/2006, where eggs are
delivered directly from the production site to the food industry.

Article 12

Marking of packs

Packs containing Class A eggs shall bear on the outer

1.
surface in easily visible and clearly legible type:

Where laying hens are kept
in systems of production in
accordance with the requirements laid down in Chapter III of
Council Directive 1999/74/EC, the identification of the farming
method may be complemented by one of the indications listed
in Part B of Annex I to this Regulation.

Paragraph 2 shall apply without prejudice to national
3.
technical measures going beyond the minimum requirements
laid down in Annex II, which may apply only to producers
of the Member State concerned and provided that they are
compatible with Community law.

Packs containing Class B eggs shall bear on the outer

4.
surface in easily visible and clearly legible type:

(a)

the packing centre code;

(b) the quality grading; packs shall be identified either by the

words ‘Class B’ or the letter ‘B’;

(c)

the packing date.

(a)

the packing centre code;

(1) OJ L 198, 22.7.1991, p. 1.

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The Member States may require,

for packs of eggs
5.
produced on their territory, that the labels be affixed in such
a way so as to be broken when opening the packs.

Article 13

Indication of the date of minimum durability

The date of minimum durability referred to in Article 3(1)(5) of
Directive 2000/13/EC shall be fixed at not more than 28 days
after laying. Where the period of laying is indicated, the date of
minimum durability shall be determined from the first day of
that period.

(d) an explanation of the meaning of the producer code;

(e)

the date of minimum durability.

Article 17

Quality of packs

Without prejudice to the requirements laid down in Chapter X
of Annex II to Regulation (EC) No 852/2004, packs shall be
shock resistant, dry, clean and in good repair, and be of
materials which protect the eggs from extraneous odour and
the risk of quality deterioration.

Article 14

Packs marked as ‘extra’

Article 18

Industrial eggs

The words ‘extra’ or ‘extra fresh’ may be used as an ad-
1.
ditional quality indication on packs containing Class A eggs
until the ninth day after laying of the eggs.

Industrial eggs shall be marketed in packaging containers with a
red band or label.

2. Where indications referred to in paragraph 1 are used, the
laying date and the time limit of nine days shall be shown on
the pack in such a way as to be easily visible and clearly legible.

Those bands and labels shall show:

(a)

the name and address of the operator for whom the eggs
are intended;

Article 15

(b) the name and address of the operator who has dispatched

Indication of how laying hens are fed

the eggs;

Where an indication of how the laying hens are fed is used, the
following minimum requirements shall apply:

(a) 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, of which no more than 15 % of cereal by-
products may be part;

(b) without prejudice to the minimum of 60 % referred to in
point (a), where reference is made to a specific cereal,
it
shall account for at least 30 % of the feed formula used.
If specific reference is made to more than one cereal, each
shall account for at least 5 % of the feed formula.

Article 16

Information to be displayed for loose egg sales

For loose egg sales, the following information shall be given in
such a manner as to be easily visible and clearly legible to the
consumer:

(c)

the words ‘industrial eggs’ in capital letters 2 cm high, and
the words ‘unsuitable for human consumption’ in letters at
least 8 mm high.

Article 19

Repacking

Packed Class A eggs may be repacked only by packing centres.
Each pack shall contain only eggs of a single batch.

Article 20

Records to be kept by producers

Producers

1.
methods, specifying for each farming method used:

record information on the

shall

farming

(a)

the date of placing, age at placing and number of laying
hens;

(b) the date of culling and the number of hens culled;

(a)

the quality gradings;

(c) daily egg production;

(b) the weight grading in accordance with Article 4;

(d) the number and/or weight of eggs sold per day or delivered

daily by other means;

(c) an indication of

the farming method equivalent

to that

referred to in Article 12(2);

(e)

the names and addresses of purchasers.

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2. Where the feeding method is indicated in accordance with
Article 15 of this Regulation, producers shall, without prejudice
to the requirements laid down in part A.III of Annex I to
Regulation (EC) No 852/2004, record the following infor-
mation, specifying for each feeding method used:

(a)

the quantity and type of feed supplied or mixed on site;

(b) the date of delivery of feed.

3. Where a producer uses different farming methods on a
single production site, the information referred to in paragraphs
1 and 2 shall be broken down by hen house.

For the purposes of this Article, instead of keeping records
4.
of sales and deliveries, producers may keep files of invoices and
delivery notes marked as indicated in paragraphs 1 and 2.

Article 21

Records to be kept by collectors

Collectors shall record separately, by farming method and

1.
by day:

(a)

the quantity of eggs collected, broken down by producer,
giving the name, address and producer code, and the laying
date or period;

(b) the quantity of eggs delivered to the relevant packing
centres, broken down by producer, giving the name,
address, packing centre code and the laying date or period.

(d) the quantities of ungraded eggs delivered to other packing
including the code of

centres, broken down by producer,
those packing centres and the laying date or period;

(e)

the number and/or weight of eggs delivered, by quality and
weight grade, packing date in the case of Class B eggs or the
date of minimum durability in the case of Class A eggs, and
by purchaser, with the name and address of the latter.

Packing centres shall update their physical stock records each
week.

2. Where Class A eggs and their packs bear an indication of
how laying hens are fed in accordance with Article 15, packing
centres using such indications shall keep separate records in
accordance with paragraph 1.

For the purposes of this Article, instead of keeping records
3.
of sales and deliveries, packing centres may keep files of
invoices and delivery notes marked as indicated in paragraphs
1 and 2.

Article 23

Time limits for keeping records

Records and files referred to in Articles 7(2), 20, 21 and 22
shall be kept for at least 12 months from the date of their
creation.

Article 24

Inspection of operators

For the purposes of this Article, instead of keeping records
2.
of sales and deliveries, collectors may keep files of invoices and
delivery notes marked as indicated in paragraph 1.

Apart from random sampling, operators shall be inspected
1.
at a frequency to be determined by the inspection services on
the basis of a risk analysis as referred to in Article 7(2) of
Regulation (EC) No 1028/2006 taking account, at least, of:

Article 22

Records to be kept by packing centres

(a)

the results of previous checks;

Packing centres shall record separately, by farming method

1.
and by day:

(a)

the quantities of ungraded eggs they receive, broken down
by producer, giving the name, address and producer code
and the laying date or period;

(b) the complexity of the marketing channels followed by the

eggs;

(c)

the degree of segmentation in the production or packing
establishment;

(b) after the eggs are graded,

the quantities by quality and

weight grade;

(d) the quantity of eggs produced or packed;

(c)

the quantities of graded eggs received coming from other
packing centres, including the code of those packing centres
and the date of minimum durability;

(e) any substantial changes from previous years in the type of
eggs produced or processed or in the marketing method.

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Official Journal of the European Union

L 132/13

Inspections shall be conducted regularly and be unan-
2.
nounced. Records referred to in Articles 20, 21 and 22 shall
be made available on first request to the inspection services.

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

Article 25

Decisions on non-compliance

Decisions by inspection services following inspections
1.
provided for in Article 24 indicating non-compliance with
this Regulation may only be taken for the whole of the batch
which has been checked.

2. Where the checked batch is deemed not to comply with
this Regulation,
its
marketing, or importation if the batch comes from a third
it has
country, unless and until proof
been made to comply with this Regulation.

is forthcoming that

inspection service

shall prohibit

the

The inspection service which made the check shall verify
3.
whether the rejected batch has been or is being made to comply
with this Regulation.

Article 26

Tolerance for quality defects

Article 28

Tolerance for marking eggs

A tolerance of 20 % of eggs with marks that are illegible shall
be allowed in the checking of batches and packs.

Article 29

Eggs for export to third countries

Eggs packed and intended for export may be made to comply
with requirements different from those laid down in Regulation
(EC) No 1028/2006 and this Regulation as regards quality,
marking and labelling, or with additional requirements.

Article 30

Imported eggs

1.
Any evaluation of equivalence as referred to in Article 6(1)
of Regulation (EC) No 1028/2006 shall include an assessment
of whether the requirements contained in this Regulation are
effectively met by operators in the third country concerned. It
shall be updated regularly.

The following tolerances shall be allowed when checking

1.
batches of Class A eggs:

The Commission shall publish the result of the evaluation in the
Official Journal of the European Union.

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

quality defects;

2.
Eggs imported from third countries shall be clearly and
legibly marked in the country of origin in accordance with the
ISO 3166 country code.

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

defects.

For eggs marketed as ‘extra’ or ‘extra fresh’, no tolerance
2.
shall be allowed for the height of the air space at the time of
packing or import.

3. Where the batch checked contains fewer than 180 eggs,
the percentages provided for in paragraph 1 shall be doubled.

Article 27

Tolerance for egg weight

in the
Except in the case provided for in Article 4(3),
1.
checking of batches of Class A 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
adjacent to that marked on the packing, but not more than
5 % of eggs of the next lower weight grade.

Packs containing eggs

3.
imported from countries not
offering sufficient guarantees as to the equivalence of rules as
referred to in Article 6(3) of Regulation (EC) No 1028/2006
shall bear on the outer surface in easily visible and clearly
legible type:

(a)

the country of origin;

(b) the farming method as ‘non-EC standard’.

Article 31

Reporting

Before 1 April each year, each Member State shall notify the
Commission by electronic means of the number of production
sites with the breakdown of the farming methods, including the
maximum capacity of the establishment in number of birds
present at one time.

L 132/14

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Official Journal of the European Union

24.5.2007

Article 32

Notification of infringements

Member States shall notify the Commission within five working
found by
days by electronic means of any infringements
inspection services, or any serious suspicion thereof, which
are liable to affect
Intra-
Community trade is deemed to be affected in particular in the
event of serious infringements by operators that produce or
market eggs for sale in another Member State.

intra-Community trade in eggs.

Article 33

Exceptions for the French overseas departments

By way of derogation from Article 2(3), eggs intended for
1.
retail
trade in the French overseas departments may be
dispatched chilled to those departments. In that case, the sell-
by date may be extended to 33 days.

2.
In the case referred to in paragraph 1 of this Article, in
addition to the requirements provided for in Articles 12 and 16,
the wording ‘chilled eggs’ shall appear and particulars as to
refrigeration shall be given on the outer surface of the pack.

The distinguishing mark for ‘chilled eggs’ shall be an equilateral
triangle of at least 10 mm along the sides.

Article 34

Exceptions for certain regions of Finland

Eggs sold directly by the producer to retail outlets in the regions
listed in Annex III shall be exempted from the requirements of
Regulation (EC) No 1028/2006 and of
this Regulation.
the farming method must be duly identified in
However,
accordance with Articles 12(2) and 16(c) of this Regulation.

Article 35

Evaluation of practices regarding certain voluntary
labelling

the Commission shall
By 31 December 2009 at
evaluate the use made of the voluntary labelling in accordance
with the last subparagraph of Article 12(2), with a view,
if
necessary, to rendering it compulsory.

the latest,

Article 36

Repeal

Regulation (EC) No 2295/2003 is repealed with effect 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 Annex IV.

Article 37

Entry into force

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

It shall apply from 1 July 2007.

Article 33 shall apply until 30 June 2009.

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

Done at Brussels, 23 May 2007.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

24.5.2007

EN

Official Journal of the European Union

L 132/15

ANNEX I

PART A

Terms referred to in point (a) of the second subparagraph of Article 12(2)

Code
languages

1

2

3

BG

ES

CS

DA

DE

ET

EL

EN

FR

GA

IT

LV

LT

HU

MT

NL

PL

PT

RO

SK

SL

FI

SV

‘яйца от кокошки – свободно
отглеждане на открито’

‘яйца от кокошки – подово
отглеждане’

‘яйца от кокошки – клетъчно
отглеждане’

‘Huevos de gallinas camperas’

‘Huevos de gallinas criadas en el
suelo’

‘Huevos de gallinas criadas en jaula’

‘Vejce nosnic ve volném výběhu’

‘Vejce nosnic v halách’

‘Vejce nosnic v klecích’

‘Frilandsæg’

‘Skrabeæg’

‘Buræg’

‘Eier aus Freilandhaltung’

‘Eier aus Bodenhaltung’

‘Eier aus Käfighaltung’

‘Vabalt peetavate kanade munad’

‘Õrrekanade munad’

‘Puuris peetavate kanade munad’

‘Αυγά ελεύθερης βοσκής’

‘Αυγά αχυρώνα ή αυγά στρωμνής’

‘Αυγά κλωβοστοιχίας’

‘Free range eggs’

‘Barn eggs’

‘Eggs from caged hens’

‘Oeufs de poules élevées en plein
air’

‘Oeufs de poules élevées au sol’

‘Oeufs de poules élevées en cage’

‘Uibheacha saor-raoin’

‘Uibheacha sciobáil’

‘Uibheacha ó chearca chúbarnaí’

‘Uova da allevamento all'aperto’

‘Uova da allevamento a terra’

‘Uova da allevamento in gabbie’

‘Brīvās turēšanas apstākļos dētās
olas’

‘Laisvai laikomų vištų kiaušiniai’

‘Kūtī dētas olas’

‘Sprostos dētas olas’

‘Ant kraiko laikomų vištų
kiaušiniai’

‘Narvuose laikomų vištų kiaušiniai’

‘Szabad tartásban termelt tojás’

‘Alternatív tartásban termelt tojás’

‘Ketreces tartásból származó tojás’

‘Bajd tat-tiġieg imrobbija barra’

‘Bajd tat-tiġieġ imrobbija ma’l-art’

‘Bajd tat-tiġieġ imrobbija filgaġeġ’

‘Eieren van hennen met vrije
uitloop’

‘Jaja z chowu na wolnym
wybiegu’

‘Ovos de galinhas criadas ao ar
livre’

‘Ouă de găini crescute în aer liber’

‘Vajcia z chovu na voľnom
výbehu’

‘Scharreleieren’

‘Kooieieren’

‘Jaja z chowu ściółkowego’

‘Jaja z chowu klatkowego’

‘Ovos de galinhas criadas no solo’

‘Ouă de găini crescute în hale la
sol’

‘Ovos de galinhas criadas em
gaiolas’

‘Ouă de găini crescute în baterii’

‘Vajcia z podostieľkového chovu’

‘Vajcia z klietkového chovu’

‘Jajca iz proste reje’

‘Jajca iz hlevske reje’

‘Jajca iz baterijske reje’

‘Ulkokanojen munia’

‘Lattiakanojen munia’

‘Häkkikanojen munia’

‘Ägg från utehöns’

‘Ägg från frigående höns
inomhus’

‘Ägg från burhöns’

L 132/16

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Official Journal of the European Union

24.5.2007

Terms referred to in the fourth subparagraph of Article 12(2)

PART B

Code
languages

BG

ES

CS

DA

DE

ET

EL

EN

FR

GA

IT

LV

LT

HU

MT

NL

PL

PT

RO

SK

SL

FI

SV

‘уголемени клетки’

‘Jaulas acondicionadas’

‘Obohacené klece’

‘Stimulusberigede bure’

‘ausgestalteter Käfig’

‘Täiustatud puurid’

‘Αναβαθμισμένοι/Διευθετημένοι κλωβοί’

‘Enriched cages’

‘Cages aménagées’

‘Cásanna Saibhrithe’

‘Gabbie attrezzate’

‘Uzlaboti būri’

‘Pagerinti narveliai’

‘Feljavított ketrecek’

‘Gaġġeg arrikkiti’

‘Aangepaste kooi’ of ‘Verrijkte kooi’

‘Klatki ulepszone’

‘Gaiolas melhoradas’

‘Cuști îmbunătățite’

‘Obohatené klietky’

‘Obogatene kletke’

‘Varustellut häkit’

‘Inredd bur’

24.5.2007

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Official Journal of the European Union

L 132/17

ANNEX II

Minimum requirements for systems of production for the various egg farming methods

1.

‘Free-range eggs’ must be produced in systems of production which satisfy at least the conditions specified in Article 4
of Directive 1999/74/EC.

In particular, the following conditions must be satisfied:

(a) hens must have continuous daytime access to open-air runs. However, this requirement does not prevent a
producer from restricting access for a limited period of time in the morning hours in accordance with usual
good farming practice, including good animal husbandry practice.

In case of other restrictions, including veterinary restrictions, adopted under Community law to protect public and
animal health, having the effect of restricting access of hens to open-air runs, eggs may continue to be marketed as
‘free-range eggs’ for the duration of the restriction, but under no circumstances for more than twelve weeks;

(b) open-air runs to which hens have access must be mainly covered with vegetation and not be used for other
purposes except for orchards, woodland and livestock grazing if the latter is authorised by the competent
authorities;

(c)

the maximum stocking density of open-air runs must not be 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;

(d) open-air runs must 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 as referred to in Article 4(1)(3)(b)(ii) of Directive 1999/74/EC are evenly distributed throughout
the whole open-air run with at least four shelters per hectare.

2.

‘Barn eggs’ must be produced in systems of production which satisfy at least the conditions specified in Article 4 of
Directive 1999/74/EC.

3.

‘Eggs from caged hens’ must be produced in systems of production 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.

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

L 132/18

EN

Official Journal of the European Union

24.5.2007

ANNEX III

Regions of Finland referred to in Article 34

The provinces of:

— Lappi,

— Oulu,

— the regions of North Karelia and North Savo of the province of Eastern Finland,

— Åland.

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Official Journal of the European Union

L 132/19

ANNEX IV

Correlation table referred to in Article 36

Regulation (EC) No 2295/2003

This Regulation

Article 1

Article 2

Article 3

Article 4

Article 5

Article 6

Article 7

Article 8(1) to (4)

Article 8(5)

Article 8(6)

Article 8(7)

Article 9

Article 10

Article 11

Article 12

Article 13(1) and (3)

Article 13(2)

Article 14

Article 15

Article 16

Article 17

Article 18

Article 19

Article 20

Article 21

Article 22

Article 23

Article 24

Article 25(1), (2) and (3)

Article 25(4)

Article 26

Article 27

Article 28

Article 29

—

—

Article 5

Article 5

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

Article 2(4)

Article 4

Article 6

Article 8

—

Article 11

Article 13

Article 12(4)(c)

—

Article 14

Article 12

Article 16

Article 15

—

Article 30

Article 12

—

Article 18

Article 14

Article 19

Article 2(4)

—

Article 20

Article 21

Article 24

Article 23

Article 7(2) and Article 22

—

Article 32

L 132/20

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Official Journal of the European Union

24.5.2007

Regulation (EC) No 2295/2003

This Regulation

Article 30

Article 31

Article 32

Article 33

Article 34

Article 35

Article 36

Article 37

Article 38

Article 39

ANNEX I

ANNEX II

ANNEX III

ANNEX IV

ANNEX V

—

—

—

Article 26

Article 27

Article 4

Article 17

—

Article 36

Article 37

—

ANNEX I

ANNEX II

Article 15

—