CELEX: 51994PC0213
Language: en
Date: 1994-06-09
Title: Proposal for a COUNCIL DECISION Laying down specific public health conditions for putting on the market of certain types of eggs

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                             C0M(94) 213 final
                                                             Brussels, 09.06.1994
                                         Proposal for a
                                       COUNCIL DECISION
         Laying down specific public health conditions for putting on the market of certain
                                          types of eggs.
                               (presented by the Commission)
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 ---pagebreak---                          EXPLANATORY MEMORANDUM
In application of Annex II, Chapter 2, first indent of Council Directive 92/118/EEC of
17 December 1992 laying down animal health and public health requirements
governing trade in and imports into the Community of products not subject to the said
requirements laid down in specific Community rules referred to in Annex A (I) to
Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EECO, the
Commission shall establish, before 1 January 1994, the public health conditions for
the putting on the market of eggs intended for human consumption.
The purpose of this draft decision is to fix specific public health conditions for eggs
intended for human consumption which are compatible with the conditions laid down
in the framework of the marketing regulations for eggs. In order to safeguard public
health, rules combining temperature conditions and storage periods are provided for.
These proposed conditions take into account the advice of the Scientific Veterinary
Committee. Derogative conditions are included for direct sales to the consumer.
This draft Decision has no financial consequences on the budget of the European
Community.
The Commission, not having received a qualified majority in the Standing Veterinary
Committee, is now submitting the proposal to the Council under article 18 of Council
Directive 92/118/EEC.
This proposal is presented with this objective.
(')OJ.NoL62, 15.03.1993, p. 49
 ---pagebreak---                                          PROPOSAL FOR A
                                     COUNCIL DECISION
                                             of
 laying down specific public health conditions for the putting on the markel of certain
                                        types ofeggs
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to the proposal from the Commission,
Having regard to Council Directive 92/118/EEC of 17 December 1992 laying down
animal health and public health requirements governing trade in and imports into the
Community of products not subjected to the said requirements laid down in specific
Community rules referred to in Annex A (I) to Directive 89/662/EEC and, as regards
pathogens, to Directive 90/425/EECO), and in particular annex II, chapter 2, first
indent,
Whereas the general provisions applicable to trade in the Community are already laid
down in Chapter II of Directive 92/118/EEC; whereas however it is necessary to lay
down specific public health conditions for the putting on the market of eggs in
conformity with Annex II, Chapter 2 of the Directive mentioned above; whereas
priority should be given to certain categories of hen eggs intended for direct human
consumption and which are not used for the production of egg products in accordance
with Council Directive 89/43 7/EEC of 20 June 1989 on hygiene and health problems
affecting the production and the placing on the market of egg products*2) as last
amended by Directive 91/684/EEC<3>;
Whereas it is appropriate that the conditions take into account the provisions of
Council Regulation (EEC) N° 1907/90 of 26 June 1990 on certain marketing standards
for eggs<4) as amended by Regulation (EEC) N°2617/93<5) and of Commission
Regulation (EEC) N° 1274/91 of 15 May 1991 introducing detailed rules for
implementing Regulation (EEC) N° 1907/90 on certain marketing standards for
eggs<6), as last amended by Regulation (EEC) N°3300/93<7> ;
0) O.J. No L 62, 15.03.1993, p. 49
<2> O.J. No L 212, 22.07.1989, p. 87
<3> O.J. No L 376, 31.12.1991, p. 38
<4> O.J. No L 173, 06.07.1990, p. 5
<5> O.J. No L 240, 25.09.1993, p. 1
<6)O.J. NoL 121, 15.05.1991, p. 11
<7> O.J. No L 296, 01.12.1993, p. 52
                                           a
 ---pagebreak--- Whereas as regards storage conditions, it is necessary to refer to the advice of the
Report of the Scientific Veterinary Committee;
Whereas under specific climatic conditions where storage temperatures cannot be
respected, the shelflife of eggs should be adapted to authorise local sales;
Whereas purchasers should be correctly informed about kitchen hygiene requirements;
Whereas the Standing Veterinary Committee has not given a favourable opinion,
HAS ADOPTED THIS DECISION:
                                         Article 1
1.      For the purposes of this Decision, the definitions given in Council Regulation
(EEC) N° 1907/90 and in Commission Regulation (EEC) N° 1274/91 shall apply.
2.      However, for the purpose of this Decision eggs mean hen eggs intended for
human consumption of the following types:
        - Grade 'A';
        - non refrigerated or non preserved types of Grade 'B';
        - ungraded eggs.
3.      This Decision shall not apply if eggs are intended to be used for the production
of egg products or delivered to food industry undertakings approved in accordance
with Directive 89/437/EEC, provided that packs containing them are clearly marked
to show this destination.
                                         Article 2
At the producer's premises and until the sale to the consumer, eggs shall be kept dry,
out of direct sunshine and shall be stored and transported at a preferably constant
temperature.
                                         Article 3
 1. Notwithstanding the collection and packing time limits fixed by article 1 of
    Commission Regulation (EEC) N° 1274/91, the maximum temperature and the
    maximum sell by period laid down in the Annex shall apply.
2. Member States may fix lower temperatures for egg storage premises situated on
    their territory and for transport between such premises.
                                                5
 ---pagebreak--- 3. The respective sell by period shall correspond to the date of minimum durability
     less seven days.
4. In specific climatic conditions leading to storage temperatures greater than 20°C,
     in particular in certain retail sales outlets, Member States shall, where applicable
     in collaboration with the competent authorities of neighbouring Member States,
     lake appropriate measures to reduce the maximum sell by period fixed in the
     Annex.
     Where, however, respecting the provisions in this Decision in such specific
     climatic conditions could lead to serious difficulties for meeting consumption
     needs, Member States may be authorised in accordance with the procedure in
     article 18 of Council Directive 92/118/EEC, where applicable in collaboration
     with the competent authorities of neighbouring Member States, to increase the
     maximum sell by period fixed in the Annex and authorise the marketing of those
     eggs for local distribution and sale in the geographic region concerned, insofar as
     these measures ensure adequate information to the public and the absence of
     public health risk.
                                           Article 4
In accordance with the procedure provided for in article 18 of Directive 92/118/EEC,
on request of a Member State and following the opinion of the Scientific Veterinary
Committee, the Commission may decide on an extension of the sell-by period laid
down in the Annex, provided that the eggs are marketed through a closed cool chain
approved by the competent authorities.
                                           Article 5
The provisions of article 3 shall not apply to eggs sold directly to the consumer for his
own use by the producer on his own farm, in a local public market, with the exception
of auction markets, or by door to door selling, provided that:
a) the eggs are:
    - from his own production,
    - kept dry and out of direct sunshine,
   - sold to the consumer within 10 days after laying,
   b) the date of minimum durability is indicated clearly to the consumer by:
   i) a notice on the stall or vehicle clearly showing the best before date,
   or
    ii) a pre-printed note on the package or given with the eggs to the consumer at the
   time of purchase.
                                                 H-
 ---pagebreak---                                       Article 5 bis
Only eggs packaged in small or large packs, in accordance with the requirements of
Regulation (EEC) 1907/90 and 1274/91, or egg products in accordance with Directive
89/437/EEC may be used in catering kitchens including restaurants and for the
preparation of non-industrial scale egg products or products containing eggs
                                        Article 6
Notwithstanding the indications imposed by Regulation (EEC) N° 1907/90, large
packs, and small packs even when contained in large packs, shall from the 1 of
November 1994 bear on the outer surface in clearly visible and legible type an
indication to recommend purchasers to cook eggs thoroughly if consumed after the
date of minimum durability. In case of loose egg sales, equivalent wording shall be
indicated in such a manner as to be clearly visible and unequivocal to the consumer.
This wording may be contained in a pre-printed note given with the eggs to the
consumer at the time of purchase.
                                        Article 7
This Decision shall apply from 1 June 1994.
                                        Article 3
This Decision is addressed to the Member States.
 Done at Brussels                                            For the Council
                                               s
 ---pagebreak---                                       ANNEX
       MAXIMUM TEMPERATURE AND MAXIMUM SELL BY PERIOD
                                                      Temperature
                                                      <26?€
Laying date indicated                     21 days after laying
Packed within 4 days after laying (1 )     17 days after packing
Packed within 8 days after laying (1)      13 days after packing
                                         I                        ;
(1) To be proven by the packer to the competent authorities.
                                          <o
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(94) 213 final
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                                 Catalogue number : CB-CO-94-227-EN-C
                                                             ISBN 92-77-69376-2
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