CELEX: 51988PC0646
Language: en
Date: 1988-11-08
Title: AMENDMENT TO THE PROPOSAL FOR A COUNCIL DIRECTIVE ON HEALTH PROBLEMS AFFECTING THE PRODUCTION AND THE PLACING ON THE MARKET OF EGG PRODUCTS

No C 53/10                                 Official Journal of the European Communities                                    2. 3. 89
                                                     COMMISSION
                  Amendment to the proposal for a Council Directive on health problems affecting                  the
                                    production and the placing on the market of egg products (')
                                                         COM(88) 646 final
                  (Submitted by the Commission pursuant to the third paragraph of Article 149 of the EEC Treaty)
                                                            (89/C 53/09)
On 13 February 1987 the Commission submitted the                       6. Article 3 (a) is replaced by the following:
abovementioned proposal to the Council. As a result of
the opinion of the European Parliament delivered at its                   '(a) they must have been treated or prepared in an
sitting of 16 June 1988, the following amendments are                          establishment which has been approved in
made to the original proposal:                                                  accordance with Article 6 (1) and (2) which
                                                                               complies with Chapters I and II of the Annex
                                                                               and must satisfy the requirements of this
  1. Article 2 (1) is replaced by the following:                                Directive, and in particular those of Article 5;'
      ' 1 . Egg products: whole egg, yolk and egg white or
            mixtures thereof, after removal of the shell and           7. Article 3 (b) is replaced by the following:
            membranes, intended for human consumption;
                                                                          '(b) they must have been prepared under hygiene
            they may be obtained from eggs of hens, ducks,
                                                                               conditions     meeting the requirements            of
            geese, turkeys, guineafowl or quails; they may be
                                                                                Chapters III and V of the Annex, with eggs
            partly supplemented with other foodstuffs or
                                                                                meeting the requirements laid down in Chapter
            additives provided that at least 50 % of the egg
                                                                                IV of the Annex;'
            products thus obtained consists of natural egg
            constituents; they may be liquid, concentrated,
            dried, crystallized, frozen or deep frozen;'               8. Article 3 (f) is replaced by the following:
                                                                          '(f) they must have been packed in accordance with
  2. Article 2 (4) is replaced by the following:                                Chapter VIII of the Annex;'
      '4. Establishment: establishment approved for the                9. Article 3 (g) is replaced by the following:
            treatment of eggs and/or the manufacture of egg
            products;'                                                    '(g) they must be stored and transported in
                                                                                accordance with Chapters IX and X of the
                                                                               Annex;'
  3. Article 2 (5) is replaced by the following:
      '5. Treatment: the treatment of egg products by an              10. The last indent of Article 4 is replaced by the
            approved process satisfying the microbiological               following:
            criteria laid down in the specifications set out in
                                                                          '— the date of treatment of each batch must be
            Chapter VI of the Annex;'
                                                                               indicated; this batch indication must appear
                                                                               on the treatment record and on the mark of
  4. Article 2 (6) is replaced by the following:                               wholesomeness provided for in Chapter XL'
      '6. Cracked eggs: eggs with a damaged but                       11. Article 5 (2) is replaced by the following:
            unfractured shell and with intact membranes;'
                                                                          '2.    If the egg products examined show traces
  5. The introductory phrase in Article 3 is replaced by                  of residues in excess of the permitted levels, they
      the following:                                                      must not be allowed to be placed on the market as
                                                                          foodstuffs;'
      'Member States shall ensure that only egg products
     which meet the following general requirements are                12. Article 13 (2) and (3) are replaced by the following:
      produced as foodstuffs and used for the manufacture
      of foodstuffs:'                                                     '2.    The Commission representative shall submit to
                                                                          the Committee a draft of the measures to be
                                                                          adopted. The Committee shall deliver its opinion
                                                                          within two days. Opinions shall be delivered by the
(') OJ No C 67, 14. 3. 1987, p. 9.                                        majority laid down in Article 148 (2) of the Treaty
 ---pagebreak--- 2. 3. 89                               Official Journal of the European Communities                               No C 53/11
     for the adoption of the measures to be taken by the          15. In Chapter IV of the Annex, point 1 is replaced by
     Council on a proposal from the Commission. When                  the following:
     the Committee votes, the votes of Member States'
     representatives shall be weighted as provided for in             ' 1 . Materials used for packaging eggs for the
     the abovementioned Article. The Chairman shall not                     manufacture of egg products must be dry, in
     vote. The Commission shall adopt the measures                          good condition and clean and must be made of
     contemplated if they are in accordance with the                        material which protects the eggs from all foreign
     opinion of the Committee. If the measures contem-                      smells and any risk of deterioration of the quality
     plated are not in accordance with the opinion of the                   and is not capable of transmitting to them
     Committee or if no opinion is delivered, the                           substances harmful to human health. In addition,
     Commission shall without delay propose to the                          the material making up the inner surface must be
     Council the measures to be adopted. The Council                        shock-resistant.
     shall adopt the measures by a qualified majority.                      Packaging material and material making up the
                                                                            inner surface may not be re-used unless it is
     3.    If, within fifteen days from the date on which a                 renewed and meets the abovementioned technical
     matter is referred to it, the Council has taken no                     and hygiene specifications.'
     decision, the Commission shall adopt the proposed
     measures.'                                                   16. In Chapter V of the Annex, point 6 is replaced by
                                                                      the following:
13. Article 14 (2) and (3) are replaced by the following:
                                                                      '6. Breaking, whatever procedure is used, shall be
     '2.    The Commission representative shall submit to                   carried out in such a way as to avoid as far
     the Committee a draft of the measures to be                            as possible contamination of the egg contents.
     adopted. The Committee shall deliver its opinion on                    Preparation by centrifuging or crushing of egg
     that draft within a period which its Chairman may                      products intended to be consumed as foodstuffs
     fix taking account of the urgency of the matter in                     is prohibited. The remains of shells or
     question. It shall decide by the majority laid down in                 membranes must be kept out of the egg product
     Article 148 (2) of the Treaty for the adoption of                      as far as possible and must not exceed the
     decisions to be taken by the Council on a proposal                     quantity specified in Chapter VI, point 4.'
     from the Commission. When there is a vote within
     the Committee, the votes of Member States' repre-            17. In Chapter V, point 7 is replaced by the following:
     sentatives shall be weighted as provided for in the              '7. After breaking, each particle of egg product must
     abovementioned Article. The Chairman shall not                         undergo treatment as quickly as possible; heat
     vote. The Commission shall adopt the measures                          treatment consists of treating the egg product at
     contemplated if they are in accordance with the                        an appropriate temperature for an appropriate
     opinion of the Committee. Where the measures                           period in order to eliminate any pathogenic
     contemplated are not in accordance with the opinion                    organisms present; during heat treatment,
     of the Committee, or if no opinion is delivered, the                   temperatures must be registered continuously;
     Commission shall without delay propose to the                          the records of each batch having undergone
     Council the measures to be adopted. The Council                        treatment must be kept at the disposal of the
     shall adopt the measures by a qualified majority.                      competent authority for two years; a batch which
                                                                            has been insufficiently treated must undergo
     3.    If, within three months from the date on which                   treatment again if it is intended for human
     the proposal was submitted to it, the Council has                      consumption.'
     taken no decision, the Commission shall adopt the
     proposed measures.'                                          18. In Chapter V, the following point 11a is added:
 14. The title of Chapter I of the Annex is replaced by                '11a. In approved establishments, the preparation of
     the following:                                                            egg products from raw materials which are not
                                                                               suitable for the manufacture of foodstuffs is
     'General conditions of approval and operation.'                           prohibited, even for non-food purposes.'