CELEX: 51977PC0334
Language: en
Date: 1977-07-18
Title: Proposal for a COUNCIL REGULATION (EEC) amending Council Regulation (EEC) No 2772/72 on marketing standards for eggs (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (77) 334
Vol. 1977/0112
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                         COM(77)334 final
                                         Brussels - 18 July 1977
                             Proposal for a
                         COUNCIL REGULATION ( EEC )
            amending Council Regulation ( EEC ) No 2772/ 72 on
                       marketing standards for eggs
              ( submitted to the Council by the Commission )
 C0M(77 ) 334 final
 ---pagebreak---                             EXPLANATCRY MEMORANDUM
                  Proposed for Council Regulation (EEC ) Ho      /77
                   amending Council Regulation (EEC ) So 2772/75 on
                  marketing standards for eggs
 In Regulation (EEC ) No 1619/68 of 15 October 1968 (consolidated' (EEC) No 2772/75 )»
 the Counoil laid down marketing standards for eggs in phell .
 Prom 19o8 to 1976 » the Commission and the Member States adopted the measures re­
 quired for compliance with these standards under the best conditions . On 1 JuAe
 1977 there were 18,000 approved packing centres in the Community.
 The conditions for implementing the measures adopted have been a frpquent subject
of discussion t       *
- with national delegations in the Management Committee for Eggs and Poultry,
- with the persons responsible for Member States inspection departments ;
- with the professional bodies concerned.
Prom the information thus collected it appears that certain amendments could
be made to Regulation (EEC ) No 2772/75 without calling into question its principal
aims : to improve the quality of eggs for consumption and to facilitate trade in
this product .                                                      ,
                                     *
                                  «     *
Article 5 (l)»2nd subparagraph – Record of suppliers
                                               «
At present eaoh packing centre is required to keep an up-to-date record of its
suppliers .
This provision was adopted to facilitate the task of inspectors , who in the fi^st
years of implementation of the Regulation had to keep a close eye on the activity
of markets selling tq wholesalers and the intervals at which eggs were collected.
 ---pagebreak---       •                                      - 2 -
                          *
 ftbw that inspection cf the distribution networks is on an organized basis , it ia
 no longer essential to keep suoh a list and the subparagraph in question can be
  deleted.
                                                                ¥
 Article 16 - Large packs                                       ^
               i
  For several years now^ crates and containers of various kinds which are light and
  easily maintained and improve the conditions for the collection of eggs and their
  ';rea+m^nt in packing centres hava bten usede This is a desirable development which
 has in particular facilitated reoperation of the eggs handled .
 If these containers axe nsed for raarketing eggs graded by quality and weight , they
 become 1        packs and consequently faiuJi bs sealed and labelled .
 ^owsverp the widespread u.38 of such containers for the transportation and distri­
 bution of small packs Should be taken into considei*ation as the latter do not
 necessarily have to be placed in large pacts .
   rticle 1? ( 2 ) – Marking of the week number       i
 '"h.e rules provide that the "band or label is to bear in clearly v? sidle and legible
black type the packing week number or the date of packing .
Each year the numbering is continuous from 1 to 52 or 53 * which means that a single–
r igit or two-£:' :;it number is placed on the packs . If the number is badly printed' or
"Haclly placed, confusion can arise which may mislead the consumer .              ^
 To avoid this , it is proposed that the number of the week should be followed by
 an oblique stroke and the last two digits of the number of the current year .
 Rirther, the freedom to use the week number from the Thursday of the previous
week to facilitate packing and wholesale marketing frequently leads to abuse .
 ---pagebreak---   f é
' «
  \
                                       - 3 -
  Therefore the rules should "be amended so that the retail sale before Monday
  morning of packs thus marked is not authorized.
  Article 17 ( 3 )
  Article 18 ( 2 ) – Time allowed for packing
  The rules guarantee the freshness of eggs to the consumer only if the time
  allowed for collection and marking is respected*
  It is in particular essential that the date of packing or the packing week
  number are placed on packs containing Grade A eggs ( fresh eggs ) not later than
  the working day following the day of reception of the eggs by the packing centre .
  However, sometimes public holidays fall on a Friday or a Monday and the larger
  collections on the following Monday or Tuesday exceed the sorting and packing
  capacity of some centres .
  It is proposed that in such cases an additional working day should be allowed.
  Article 18 ( l ) ( a ) - Trade marks
  Small packs must show the name , business name and address of the undertaking
  which has packed the eggs or had than packed. The use of the firms trade mark
  is optional .
  In 1972, the Council considered (Regulation No 1348/72 ) that "certain trade marks
  include information concerning packed eggs which is incompatible with the aims
  of the standards intended to ensure uniform competitive conditions", and laid
  down that the trade mark could be used if it contained no wording relating to the
  quality or freshness of the eggs which was incompatible with Regulation No 1619/68
  (consolidated. No . 2772/75 )*
  The use of certain trade marks has created new difficulties , due to the wide­
  spread commercial exploitation of referencs to national' origin in the wording
  of the trade marks . There is a danger of a return to national quality distinctions ,
 ---pagebreak---                                            - 4 -
 -whereas egg comvmers expect uni form protection and would like there to be no
   division of the market "by different national rules and regulations .
   It is proposed that national origin should not be included in the trade mark
  ■•"hat may be placed on small packs of eggs .
  Article 20 ( l ) – Sale of eggs without packing
  In the retail trade , egge without packing must be presented separately according
         quality and weight grading, but the buyer is not informed of the date of
              in wholesale packs . It is proposed that this date or the packing week
 'r.-(umbe.T should be indicated. In eases whez3 only the packing week number is men–
 'tionei, provision is mad® for posting the list of week numbers in the sales outlet .
 Article 21 – Additional information
 ^ly the information specified in tha Regulation        may be placed on egg packs . A
        oad interpretation of the toxt has led certain  oparstors to place information
     ::i the origin and quality of the egga within the  packs , which is against the
 spirit of the Regulation. The restriction should       therefore be extended to the
 pedc and its contents .
 However, certain national instruments require the selling price to be placed on
 pecks and this additional information should be authorized.
 Article 23 ( c ) ( dd ) – Indication of the weight
 Eggs from non-member countries must be presented in packs on which is marked the
 weight in kilograms of the packed eggs .
 Certain operators have pointed out that contracts relate to net weight in kilo­
 grams .
Although the present wording seems clear there - is no objection to inserting the
 word wnetw to avoid any misunderstanding.
 ---pagebreak---                                   Proposal for
                         COUNCIL REGULATION (EEC ) No     /ll
                         amending Regulation (EEC ) No 2772/75
                         on marketing standards for eggs
1HE COUNCIL OP THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC ) No 2771/75 of 29 October 1975 on "the
conrnon organization of the market in eggs     as amended by Regulation (EEC )
No 368/76^, and in partioular Article 2 ( 2 ) thereof,
Whereas Council Regulation (EEC ) No 2772/75 of 29 October 1975^ laid down
marketing standards for eggs ;
Whereas experience gained since the entry into force of the marketing standards
has shown that it is no longer necessary to require each packing centre to keep
an up-to-date record of its suppliers ;
Whereas the use of crates or similar unsealed, reusable containers for the trans­
port and marketing of eggs has become widespread in recent years ; whereas such
crates or other containers should therefore be treated as large packs except
when they are used to transport small packs ;
                                                                   r
Whereas , in order to make it easier for the consumer to read the packing
 week number , additions should be made to the relevant provisions of the said
Regulation ; whereas pareticular care should be taken to ensure
that the marking, which is authorized from Thursday of the previous week, does
not give rise to confusion at the time of the sale to the consumer ;   whereas , howev „
 an additional day should be allowed for marking where a Monday _or a Friday
10J No L 282, 1.11.1975, p. 49
20J No L 45 , 21 . 2.1976, p. 2
3oj No L 282, l.H .1975, p. 56
 ---pagebreak---  is a public holiday, since too great a quantity of eggs may have
accumulated on the non-working days to be packed in a single day;
Whereas the use on " small packs of trade marks referring to the national origin
of the eggs may be exploited in such a way as to create confusion between such
origin and the guarantees provided by the rules; whereas , therefore , the trade
mark should bear no reference to the national origin;
Whereas , in retail trade , consumers may buy unpacked eggs without knowing the
date when they were packed by the wholesale trade ; • whereas the conditions of sal
be improved if consumers were given this information by means of a code which
they could understand ;
Whereas the information that may be placed on egg packs should .assist trade _ „
in the Community; whereas , further,- the information provided for in Regulation
(SEC ) No 2772/75 is sufficent for consumers ; whereas , apart from the selling
pr?.ce , any additional information on or in the packs may deceive the purchaser;
whereas , therefore, such information should not be authorized;
Whereas import contracts for eggs from non-member countries refer to quantities
expressed in kilograms of net weight ; whereas provision should be made for the
weight on large packs to be expressed in the same way ;
HAS ADOPTED THIS REGULATION s
                                  Article 1
lhe second subparagraph of Article 5(l ) of Regulation (EEC ) Bo 2772/75 is
hereby repealed .
                                  Article 2
Article 16 of Regulation (EEC ) No 2772/75 is amended to read as follows :
 ---pagebreak---                                       - 3 -
"1 * Fbr the purposes of this Regulation, "large packs" means packs which contain
      more than 30 eggs and "small packs" those which contain 30 eggs or less *
 2* However, crates and other unsealed reusable containers containing small packs
      shall not be regarded as large packs *"
                                     Article 3
Article' 17(2)(3 ) of Regulation (EEC ) No 2772/75 is replaced by the following
paragraphs 2 to 5 8
"2* The number referred to in paragraph 1 ( e ) shall indicate the complete week
    ' beginning on Monday* Every year the numbering shall be continuous and shall
      consist of a number from 1 to 5? or 53 » followed by an oblique stroke and
      the last two digits of the current year*' The week which includes 1 January
      shall bear the number 1 *
 3 * Every year, before 1 October, the list of week numbers to be used during the folic ing
      year shall be published in the Official Journal of the European Communities .
                                                                                     /
 4* The week number may be used :
      – from midnight on the Wednesday of the previous week for packing operations ;
      – from midnight on the Thursday of the previous week for transport operations
        and in the wholesale trade ;
      – from midnight on the Sunday immediately preceding the week corresponding
        to the week number in the retail trade .          v
 5 * An indication of the packing date or the week number shall be placed on
      large packs containing Grade A eggs at the latest on the working day following
      the day on which the eggs are received at- the packing centre.
      However, an additional working day shall be allowed when a Monday or a
      Friday is a public holiday"*
 ---pagebreak---                                      Article 4
Article I8(l)(a) of Regulation ( EEC ) No 2772/ 75, is amended to read as follows
w ( a) the name , business name and address of the undertaking which has packed
        the eggs or for which they have "been packedjthe trade mark used by that
       undertaking may be shown if it contains no indication of the national .
       6rigin nor any wording relating to the quality or freshness of the eggs-
       which is incompatible with this Regulation ;"
Article 18(2 ) of Regulation (EEC ) NO 2772/75       amended to read as follows S
K 2 . An indication of the packing date or the week number shall be placed on
      small packs containing Grade A eggs at the latest on the working day
      following the day on which the eggs are received at the packing centre .
      However , an additional working day shall be allowed when a Monday or a
      flriday is a public holiday".
                                     Article 5
 Article* 20 ( l ) of Regulation (EEC ) No 2772/75 IS amended to read as follows :
 wl . Eggs displayed for sale or offered for sale in the retail trade shall
       be presented separately according to the information on the packaging
       from which they were removed .
       The following information shall be clearly visible to the consumer :
       – the quality grading,
       – the weight grading,
       – the packing date or packing week number of the batch offered for sale .
          Where only the week number is given , the list of week numbers to be usi
                                                                            I
          during the year shall be displayed in the sales outlet ;
       – when refrigerated or preserved eggs are on sale , the fact that they
           are refrigerated or the method of preservation ."                 j
 ---pagebreak---                                  Article 6
Article 21 of Regulation (EEC ) Ho 2772/75 is amended to read as follows :
"Packs shall not bear or contain in any form indications other than those laid
 down in this Regulation.
  Nevertheless , the selling price may be shown to the extent required by the
  relevant national legislation ."
                                 Article 7
In Article 23(c)(dd) of Regulation (EEC ) No 2772/75 » 'the words "weight in kilo­
grammes" shall read "net weight in kilograms". -
                                 Article 8
This Regulation shall enter into force on
This Regulation shall he binding in its entirety and directly applicable in all
Member States .
Done at Brussels .                              For the Council