Commission Regulation (EC) No 598/2008 of 24 June 2008 amending Regulation (EC) No 589/2008 laying down detailed rules for implementing Council Regulation (EC) No 1234/2007 as regards the marketing standards of eggs
Date: 2008-06-24
Institutions: European Commission
Subjects: derogation from EU law, egg, food inspection, food processing, marketing standard, product quality

L 164/14

EN

Official Journal of the European Union

25.6.2008

COMMISSION REGULATION (EC) No 598/2008

of 24 June 2008

amending Regulation (EC) No 589/2008 laying down detailed rules for implementing Council
Regulation (EC) No 1234/2007 as regards the marketing standards of eggs

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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)

Following the simplification of marketing standards for
eggs, Member States should grant exemptions from the
marking requirement only on request of the operators.
However, to allow the Member States' administrations to
implement the new rules a reasonable transitional period
of one year, from 1 July 2007 until 30 June 2008, was
established in Article 11(1) of 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 (2) with
regard to the marking of eggs for processing produced in
the Community or in third countries.

authorities

in Member

As from 1 July 2008, community eggs for processing
may be exempted from the marking requirement by
Similar
competent
the product
measures have not been foreseen for
imported from third countries.
to the
National Treatment principle, established in Article 2.1
of the Agreement on Technical Barriers to Trade, such
possible marking exception should apply indiscriminately
also to the product imported from third countries.

In respect

States.

(3) When such marking exception is granted, rules should be
established to control the real final destination of such
unmarked eggs for the food industry.

(4)

Commission Regulation (EC) No 589/2008 should
therefore be amended accordingly.

(1) OJ L 299, 16.11.2007, p. 1. Regulation as last amended by
Commission Regulation (EC) No 510/2008 (OJ L 149, 7.6.2008,
p. 61).

(2) 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). Regulation (EC)
No 557/2007 will be replaced by Regulation (EC) No 589/2008
(OJ L 163, 24.6.2008, p. 6) as from 1 July 2008.

(5)

(6)

In order to avoid an unequal treatment between eggs
produced in the Community and imported eggs after
the expiring of the transitional period, this Regulation
should apply from 1 July 2008.

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

HAS ADOPTED THIS REGULATION:

Article 1

Article 11 of Regulation (EC) No 589/2008 is replaced by the
following:

‘Article 11

Marking of eggs delivered directly to the food industry

1.
Save as otherwise provided for by the sanitary legis-
lation, Member States may exempt operators at their request
in Annex
from the marking obligations provided for
XIV.A.III(1) and in Annex XIV.A.IV(3) to Regulation (EC)
No 1234/2007 where eggs are delivered directly from the
production site to the food industry.

2.

In the cases referred to in the first paragraph:

(a) Member States where the production site is established
shall appropriately inform the competent authorities of
the Member States concerned about the granting of the
marking derogation before any deliveries take place;

(b) when the derogation concerns a supplier situated in a
third country, the eggs shall be delivered to industry only
provided that
their final destination with a view to
processing is checked by the competent authorities of
the Member State granting the exception;

(c)

the delivery shall be under the full responsibility of the
food industry operator, which accordingly undertakes to
use the eggs only for processing.’

Article 2

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

It shall apply from the 1 July 2008.

25.6.2008

EN

Official Journal of the European Union

L 164/15

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

Done at Brussels, 24 June 2008.

For the Commission

Mariann FISCHER BOEL
Member of the Commission