Commission Regulation (EC) No 589/2008 of 23 June 2008 laying down detailed rules for implementing Council Regulation (EC) No 1234/2007 as regards marketing standards for eggs
Date: 2008-06-23
Institutions: European Commission
Subjects: egg, labelling, marketing standard, packaging, product quality, quality control of agricultural products

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COMMISSION REGULATION (EC) No 589/2008

of 23 June 2008

laying down detailed rules for implementing Council Regulation (EC) No 1234/2007 as regards
marketing standards for eggs

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1234/2007 of
22 October 2007 establishing a common organisation of agri-
cultural markets and on specific provisions for certain agri-
cultural products (Single CMO Regulation) (1), and in particular
Article 121(d) in conjunction with Article 4 thereof,

Whereas:

(1)

(2)

(3)

(4)

As of 1 July 2008, Council Regulation (EC) No
1028/2006 of 19 June 2006 on marketing standards
eggs (2)
for
by Regulation (EC) No
1234/2007.

repealed

is

Certain provisions and obligations laid down in Regu-
lation (EC) No 1028/2006 have not been incorporated
in Regulation (EC) No 1234/2007.

Certain appropriate provisions and obligations should
therefore be adopted within the framework of a regu-
lation laying down detailed rules for implementing Regu-
lation (EC) No 1234/2007 in order
to ensure the
continuity and smooth running of the common organ-
isation of
the market, and in particular marketing
standards.

for

Regulation (EC) No 1234/2007 lays down the basic
requirements which eggs must satisfy to be marketed
in the Community. For the sake of clarity, new detailed
those requirements
rules
should be laid down. Commission Regulation (EC) No
557/2007 (3), which laid down detailed rules for the
application of Regulation (EC) No 1028/2006, should
therefore be repealed and replaced by a new Regulation.

the implementation of

(6)

(7)

(8)

the

Regulation (EC) No 852/2004 of
European
Parliament and of the Council of 29 April 2004 on
foodstuffs (4) 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 (5) 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
Commission for Europe
the
marketing and commercial quality controls of eggs-in-
trade between and to
shell moving in international
UN/ECE member countries.

characteristics

concerning

(UN/ECE)

should

be

Cold eggs left out at room temperature may become
covered in condensation,
facilitating the growth of
bacteria on the shell and probably their ingression into
the egg. Therefore, eggs should be stored and transported
preferably at a constant
temperature, and should in
general not be refrigerated before sale to the final
consumer.

interpreted as

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. However, some practices, such
as the treatment of eggs with ultra-violet rays, should not
be
cleaning process.
constituting a
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 after washing.
Such damage may favour
trans-shell contamination
with bacteria and moisture loss and thereby increase
the risk to consumers, particularly if subsequent drying
and storage conditions are not optimal.

(1) OJ L 299, 16.11.2007, p. 1. Regulation as last amended by Regu-

(4) OJ L 139, 30.4.2004, p. 1. Corrected version in OJ L 226,

lation (EC) No 510/2008 (OJ L 149, 7.6.2008, p. 61).

(2) OJ L 186, 7.7.2006, p. 1.
(3) OJ L 132, 24.5.2007, p. 5. Regulation as amended by Regulation

(EC) No 1336/2007 (OJ L 298, 16.11.2007, p. 3).

25.6.2004, p. 3.

(5) 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 1243/2007 (OJ L 281, 25.10.2007, p. 8).

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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 Microbio-
table eggs adopted on
logical
7 September 2005 (1),
the egg-washing practice as
performed in certain packing centres can be sustained
inter alia, that a
from a hygienic standpoint, provided,
code of practice for egg-washing systems is developed.

risks on washing of

(14)

(15)

(9)

(10)

Class A eggs should be graded by weight. A limited
number of weight grades and corresponding clear
terms should therefore be fixed as well as minimum
labelling requirements, which do not rule out additional
voluntary
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 (2) are met.

labelling, provided

the

(11) Only

undertakings whose premises

equipment are suited to the scale and type of
operations, and which therefore allow eggs
handled properly,
centres, to grade eggs by quality and weight.

technical
their
to be
should be authorised, as packing

and

the
The marking of eggs with the producer code at
production site is essential where eggs are delivered to
another Member State. With regard to Class B eggs in
particular, it should be specified that if the producer code
alone does not clearly indicate the quality grading, Class
B eggs should be marked with another indication.

The composition of the producer code provided for in
point 1 of part A, III of Annex XIV to Regulation (EC)
No 1234/2007 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.

(16)

The characteristics of the other possible indications for
marking Class B eggs as referred to in the second sub-
paragraph of point 1 of part A, III of Annex XIV to
Regulation (EC) No 1234/2007 should be defined.

(17) When eggs are delivered directly to the food industry for
processing and there is sufficient guarantee of their final
destination, Member States may grant exemptions from
the marking requirement to operators who so request.

(12) Maximum time limits for

the grading, marking and
packing of eggs and the marking of packs should be
fixed.

(18) 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.

(13)

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
the general principles and requirements of
food law,
establishing the European Food Safety Authority and
food safety (3),
laying down procedures in matters of
indicated on transport
certain information to be
packaging
and on accompanying
eggs
documents,
the purpose of carrying out checks,
should be laid down.

containing
for

(1) The EFSA Journal No 269, 2005, p. 1.
(2) OJ L 109, 6.5.2000, p. 29. Directive as

last amended by
Commission Directive 2007/68/EC (OJ L 310, 28.11.2007, p. 11).
(3) OJ L 31, 1.2.2002, p. 1. Regulation as last amended by Commission

Regulation (EC) No 202/2008 (OJ L 60, 5.3.2008, p. 17).

(19) 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.

(20)

(21)

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

the egg. For

freshness of

Eggs may be sold with an indication highlighting the
particular
laying hens.
Minimum requirements for the use of such indications
should be laid down.

feed formula

fed to the

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

Commission at the request of third countries. Certain
marking and labelling requirements for eggs imported
from third countries should be laid down.

(23)

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.

(24)

Industrial eggs are unfit for human consumption. Special
bands or labels should therefore be required for the easy
identification of packaging containing such eggs.

(25) Only packing centres have the premises and technical
equipment suitable for repacking eggs. Any repacking
activities
restricted to packing
centres.

should therefore be

(26)

in

Food business operators are obliged to establish trace-
(EC) No
accordance with Regulation
ability
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.

(27)

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

(28)

(29)

(30)

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
tolerances
according to the different
should differ
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.

(31) Details should be fixed regarding the assessment of the
equivalence of third-country marketing standards with
the
to
Community

conducted

legislation

by

be

(32)

It is useful for the Commission to have data available on
the number of establishments registered as keeping laying
hens.

(33) Member States

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

(34)

(35)

(36)

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

Point 2 of part A, I of Annex XIV to Regulation (EC) No
1234/2007 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
from
producers to retail outlets in those regions should be
exempted from the requirements of Regulation (EC) No
1234/2007 and of this Regulation.

in Finland,

sales

In accordance with Article 5(2) of Council Directive
1999/74/EC of 19 July 1999 laying down minimum
standards for the protection of laying hens (1), Member
States should ensure that rearing of laying hens in unen-
riched cage systems
from
1 January 2012. The Commission should therefore
evaluate
the voluntary labelling
foreseen with regard to enriched cages
provisions
before that date in order
to examine the need of
rendering this labelling compulsory.

is prohibited with effect

application of

the

(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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(37)

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for the Common Organisation of Agricultural
Markets,

HAS ADOPTED THIS REGULATION:

Article 1

Definitions

(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;

The definitions in 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.

(k)

‘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;

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;

(l)

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

(m) ‘incubated eggs’ means eggs from the time of insertion in

the incubator onwards;

(b)

‘loose sales’ means the offer for retail sale of eggs to the
final consumer, other than in packs;

(n)

(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 the food
or non-food industry;

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

storage, packing,

sale,

(o)

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

(d)

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

(p)

‘production site’ means an establishment keeping laying
hens, registered in accordance with Commission Directive
2002/4/EC (1);

(e)

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

(q)

‘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;

(f)

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

(g)

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

(r)

(s)

consumer’ means

‘final
consumer of a
foodstuff who will not use the food as part of any food
business operation or activity;

the ultimate

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

(h)

‘industrial eggs’ means eggs not
consumption;

intended for human

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

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Article 2

Quality characteristics of eggs

Class A eggs shall have the following quality characteris-

1.
tics:

for

practice
operators,
No 852/2004.

egg-washing systems by the

food business
in accordance with Article 8 of Regulation (EC)

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

Grading of Class A eggs by weight

1.

Class A eggs shall be graded by weight as follows:

Article 4

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

(a) XL — very large: weight ≥ 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;

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

(d) white: clear, translucent;

(c) M — medium: weight ≥ 53 g and < 63 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.

(d) S — small: weight < 53 g.

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-
sponding weight ranges. Other additional
indications may be
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.
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.

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.

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

Article 5

Packing centres

Only packing centres shall grade and pack eggs and label

1.
their packs.

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.

2.
encourage

The Member States referred to in paragraph 1 shall
to good

the development of national guides

Only undertakings satisfying the conditions laid down in this
Article shall be authorised as packing centres.

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.

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

(a)

the producer’s name and address;

(b) the producer code;

Packing centres

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

shall have

technical

the

(c)

the number of eggs and/or their weight;

(d) the laying date or period;

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

(e)

the date of dispatch.

(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.

4.
The authorisation referred to in paragraphs 1 and 2 may
be withdrawn at any time if the conditions provided for in this
Article are no longer fulfilled.

Article 6

Time limit for grading, marking and packing eggs and
marking 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.

The

date

3.
Article 12(1)(d) shall be marked at
accordance with Article 9(2) of Directive 2000/13/EC.

of minimum durability

to in
referred
the time of packing in

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:

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.

2.
The information referred to in paragraph 1 shall be
applied to the transport packaging and be contained in accom-
panying 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
accompanying
delivery to more
than one operator,
documents may be
transport
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, packing or further processing.

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
cases, a copy of
the delivery contract shall accompany the
consignment.

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The minimum duration of delivery contracts referred to in

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

Article 12

Marking of packs

Packs containing Class A eggs shall bear on the outer

1.
surface in easily visible and clearly legible type:

4.
The inspection services, referred to in Article 24, 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.

(a)

the packing centre code;

5.
Class B eggs marketed in another Member State shall be
marked in accordance with the second subparagraph of point 1
of part A, III of Annex XIV to Regulation (EC) No 1234/2007
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 point 1 of part A, III of Annex XIV
to Regulation (EC) No 1234/2007, 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 point 1 of part A, III of Annex XIV
to Regulation (EC) No 1234/2007 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).

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

Article 11

Marking of eggs delivered directly to the food industry

Member States may exempt operators at their request from the
marking obligations provided for in point 1 of part A, III of
Annex XIV to Regulation (EC) No 1234/2007, where eggs are
delivered directly from the production site to the food industry.

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.

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

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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.

(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.

Packs containing Class B eggs shall bear on the outer

4.
surface in easily visible and clearly legible type:

(a)

the packing centre code;

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:

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

words ‘Class B’ or the letter ‘B’;

(a)

the quality grading;

(c)

the packing date.

The Member States may require,

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

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

(c) an indication of

the farming method equivalent

to that

referred to in Article 12(2);

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

Article 13

(e)

the date of minimum durability.

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.

Article 14
Packs marked as ‘extra’

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.

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

Article 18

Industrial eggs

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:

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

Article 15

Indication of how laying hens are fed

(a)

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

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

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

the eggs;

(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;

(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.

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Article 19

Repacking

(a)

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

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

(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.

farming

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

(a)

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

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

Records to be kept by packing centres

Article 22

(c) daily egg production;

Packing centres shall record separately, by farming method

1.
and by day:

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

daily by other means;

(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;

(e)

the names and addresses of purchasers.

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.

(b) after the eggs are graded,

the quantities by quality and

weight grade;

(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;

(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;

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.

(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.

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.

Packing centres shall update their physical stock records each
week.

Article 21

Records to be kept by collectors

Collectors shall record separately, by farming method and

1.
by day:

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.

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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.

Inspections shall be conducted regularly and be unan-
5.
nounced. Records referred to in Articles 20, 21 and 22 shall
be made available on first request to the inspection services.

Article 23

Time limits for keeping records

Article 25

Decisions on non-compliance

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.

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.

Article 24

Checks

The Member States shall appoint inspection services to

1.
check compliance with this Regulation.

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

2.
The inspection services referred to in paragraph 1 shall
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

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

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.

4.
Apart from random sampling, operators shall be inspected
at a frequency to be determined by the inspection services on
the basis of a risk analysis as referred to in paragraph 2, taking
account, at least, of:

(a)

the results of previous checks;

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

The following tolerances shall be allowed when checking

1.
batches of Class A 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.

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.

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

eggs;

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

(c)

the degree of segmentation in the production or packing
establishment;

(d) the quantity of eggs produced or packed;

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

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.

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

Article 32

Notification of infringements

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.

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 29

Eggs for export to third countries

Article 33

Eggs packed and intended for export may be made to comply
with requirements different from those laid down in Annex XIV
to Regulation (EC) No 1234/2007 and this Regulation as
regards quality, marking and labelling, or with additional
requirements.

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.

Article 30

Imported eggs

1.
Any evaluation of equivalence of rules as referred to in
point 1 of part A, IV of Annex XIV to Regulation (EC) No
the
1234/2007 shall
requirements contained in this Regulation are effectively met
by operators
shall be
in the third country concerned.
updated regularly.

an assessment of whether

include

It

In the case referred to in paragraph 1 of this Article, in
2.
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.

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

Article 34

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

there

is not

sufficient guarantee

3. Where
to the
equivalence of rules as referred to in point 3 of part A, IV of
Annex XIV to Regulation (EC) No 1234/2007, packs containing
eggs imported from the countries in question shall bear on the
outer surface in easily visible and clearly legible type:

as

(a)

the country of origin;

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

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
Annex XIV to Regulation (EC) No 1234/2007 and of
this
Regulation. However, the farming method must be duly iden-
tified in accordance with Articles 12(2) and 16(c) of this Regu-
lation.

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 31

Reporting

Article 36

Penalties

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 farming methods,
including the
maximum capacity of the establishment in number of birds
present at one time.

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.

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Article 37

Communications

lation and shall be read in accordance with the correlation table
in Annex IV.

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

Article 39

Entry into force

Article 38

Repeal

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

Regulation (EC) No 557/2007 is hereby repealed with effect
from 1 July 2008.

It shall apply from 1 July 2008.

References to the repealed Regulation and to Regulation (EC)
No 1028/2006 shall be construed as references to this Regu-

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 June 2008.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

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ANNEX I

PART A

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

Code
language

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’

‘Œufs de poules élevées en plein
air’

‘Œufs de poules élevées au sol’

‘Œufs de poules élevées en cage’

‘Uibheacha saor-raoin’

‘Uibheacha sciobóil’

‘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 fil-ġaġeġ’

‘Eieren van hennen met vrije
uitloop’

‘Scharreleieren’

‘Kooieieren’

‘Jaja z chowu na wolnym wybiegu’

‘Jaja z chowu ściółkowego’

‘Jaja z chowu klatkowego’

‘Ovos de galinhas criadas ao ar
livre’

‘Ouă de găini crescute în aer liber’

‘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 chovu na voľnom
výbehu’

‘Jajca iz proste reje’

‘Ulkokanojen munia’

‘Ägg från utehöns’

‘Vajcia z podostieľkového chovu’

‘Vajcia z klietkového chovu’

‘Jajca iz hlevske reje’

‘Jajca iz baterijske reje’

‘Lattiakanojen munia’

‘Häkkikanojen munia’

‘Ägg från frigående höns inomhus’

‘Ägg från burhöns’

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

PART B

Language

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’

‘Gaġeg arrikkiti’

‘Aangepaste kooi’ of ‘Verrijkte kooi’

‘Klatki ulepszone’

‘Gaiolas melhoradas’

‘Cuști îmbunătățite’

‘Obohatené klietky’

‘Obogatene kletke’

‘Varustellut häkit’

‘Inredd bur’

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

ANNEX II

1.

‘Free-range eggs’ must be produced in systems of production which satisfy at least the conditions specified in Article 4
of Council 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 12 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.

3.

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

(a)

the conditions specified in Article 5 of Directive 1999/74/EC until 31 December 2011; or

(b) 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 points 1(d),
1(e), 2, 3(a)(i) and 3(b)(i) of Article 4(1) of Directive 1999/74/EC.

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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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ANNEX IV

Correlation table referred to in Article 38

Regulation (EC) No 1028/2006

Regulation (EC) No 557/2007

This Regulation

—

—

—

Article 2(1) to (9)

—

—

—

Article 5(1)

—

Article 5(2)

—

—

Article 5(3)

—

—

—

—

—

—

—

—

—

—

—

—

—

—

—

—

—

—

Article 7

—

—

—

—

—

Article 1, first paragraph

Article 1, first paragraph

Article 1, second paragraph, intro-
ductory wording

Article 1, second paragraph, intro-
ductory wording

Article 1, second paragraph, points
(a) to (j)

Article 1, second paragraph, points (a)
to (j)

—

Article 2

Article 3

Article 4

—

Article 5(1)

—

Article 5(2)

Article 5(3)

—

Article 6

Article 7

Article 8

Article 9

Article 10

Article 11(2)

Article 12

Article 13

Article 14

Article 15

Article 16

Article 17

Article 18

Article 19

Article 20

Article 21

Article 22

Article 23

—

Article 24

Article 25

Article 26

Article 27

Article 28

Article 1, second paragraph, points (k)
to (s)

Article 2

Article 3

Article 4

Article 5(1), first subparagraph

Article 5(1), second subparagraph

Article 5(2), first subparagraph

Article 5(2), second subparagraph

Article 5(3)

Article 5(4)

Article 6

Article 7

Article 8

Article 9

Article 10

Article 11

Article 12

Article 13

Article 14

Article 15

Article 16

Article 17

Article 18

Article 19

Article 20

Article 21

Article 22

Article 23

Article 24(1), (2) and (3)

Article 24(4) and (5)

Article 25

Article 26

Article 27

Article 28

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L 163/23

Regulation (EC) No 1028/2006

Regulation (EC) No 557/2007

This Regulation

—

—

—

—

—

—

—

Article 8

Article 9

—

—

—

—

—

—

—

Article 29

Article 30

Article 31

Article 32

Article 33

Article 34

Article 35

—

—

Article 36

Article 37

ANNEX I

ANNEX II

ANNEX III

ANNEX IV

ANNEX V

Article 29

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

—