CELEX: 51988PC0313
Language: en
Date: 1988-06-03
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING REGULATION ( EEC ) NO 2771/75 ON THE COMMON ORGANIZATION OF THE MARKET IN EGGS

N o C 179/10                           Official Journal of the European Communities                                         8. 7. 88
              Proposal for a Council Regulation (EEC) amending Regulation (EEC) No 2771/75 on the
                                          common organization of the market in eggs
                                                      COM(88) 313 final
                                (Submitted by the Commission to the Council on 9 June 1988)
                                                        (88/C 179/15)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          moulded, frozen or otherwise preserved whether or not
                                                                   containing added sugar or other sweetening matter);
 Having regard to the Treaty establishing the European            whereas cooked eggs in shell and moulded egg products
 Economic Community, and in particular Articles 42 and             may be used in the same way as or as a replacement for
 43 thereof,                                                      preserved eggs in shell or not in shell; whereas preserved
                                                                  eggs are included in Annex II to the Treaty and are
                                                                  therefore specified in Regulation (EEC) No 2771/75;
Having regard to the proposal from the Commission,                whereas it is logical and desirable that cooked eggs in
                                                                  shell and moulded egg products should also be included
                                                                  in Regulation (EEC) No 2771/75;
Having regard       to  the   opinion    of  the   European
Parliament,
                                                                  Whereas Regulation (EEC) No 4000/87 amending
                                                                  Regulation (EEC) No 2771/75 on the Common organ-
Having regard to the opinion of the Economic and                  ization of the market in eggs should be repealed;
Social Committee,
                                                                  Whereas numerous Regulations in the egg sector must be
Whereas the Community is a Contracting Party to the               adapted to take account of use of the new nomenclature;
International    Convention        on    the    Harmonized        whereas, under Article 15 of Regulation (EEC) No
Commodity Description and Coding System, hereinafter              2658/87, the changes made may be of a technical nature
referred to as the 'harmonized system' which replaces             only; whereas, accordingly, a provision should be
the Convention of 15 December 1950 on Nomenclature                introduced whereby all other adjustments to Council and
for the Classification of Goods in Customs tariffs;               Commission Regulations on the common organization of
                                                                  the market in eggs should be made in accordance with
                                                                  the procedure laid down in Article 17 of Regulation
Whereas Council Regulation (EEC) No 2658/87 (»)                   (EEC) No 2771/75, provided that such adjustments are
established, from 1 January 1988, a combined goods                required solely as a result of the introduction of the
nomenclature based on the harmonized system to meet               harmonized system,
the requirements both of the Common Customs Tariff
and of the external trade statistics of the Community;
                                                                  HAS ADOPTED THIS REGULATION:
Whereas, as a result, it is necessary to express the
descriptions of goods and tariff heading numbers which                                      Article 1
appear in Council Regulation (EEC) N o 2771/75 (2), as            Regulation (EEC) No 2771/75           is hereby amended as
last amended by Commission Regulation (EEC) No                    follows:
4000/87 (3), according to the terms of the combined
nomenclature based on the harmonized system;                      1. Article 1 is replaced by the following:
                                                                      'Article 1
Whereas cooked eggs in shell and moulded egg products
such as cylindrical 'long eggs' were classified in a                  1.    The common organization of the market in eggs
subheading of heading No 21.07 (Food preparations not                shall cover the following products:
elsewhere specified or included) of the Common
Customs Tariff which was in force until 31 December                          CN Code                      Description
1987; whereas the said egg products were therefore not
considered to be products covered by Annex II to the
                                                                      (a)
                                                                      (a) 0407 00  11
Treaty; whereas with the introduction of the combined                                       Poultry    eggs     in    shell,   fresh,
                                                                          0407 00  19       preserved or cooked
nomenclature these products are now classified under                      0407 00  30
C N codes 0407 (birds' eggs, in shell, fresh, preserved or
cooked) or 0408 (birds' eggs, not in shell and egg yolks,                                   Eggs not in shell and egg yolks
fresh, dried, cooked by steaming or by boiling in water,              (b) 0408  11 10       suitable for human consumption,
                                                                          0408  19 11       fresh, dried, cooked by steaming or
                                                                          0408  19 19       by boiling in water, moulded, frozen
                                                                          0408  91 10       or otherwise preserved, whether or
(') OJ No L 256, 7. 9. 1987, p. 1.                                        0408  99 10       not containing added sugar or other
(2) OJ No L 282, 1. 11. 1975, p. 49.                                                        sweetening matter'
O OJ No L 377, 31. 12. 1987, p. 42.
 ---pagebreak--- 8. 7. 88                                 Official Journal of the European Communities                          No C 179/11
   2.     For the purposes of this Regulation:                                                Article 2
   (a) 'eggs in shell' means poultry eggs in shell, fresh,          Regulation (EEC) No 4000/87 is hereby repealed.
        preserved, or cooked, other than eggs for
        hatching specified in (b);                                                            Article 3
   (b) 'eggs for     hatching'  means     poultry   eggs   for      The Commission, in accordance with the procedure
        hatching;                                                   provided for in Article 17 of Regulation (EEC) No
                                                                    2771/75, shall make the necessary adaptations to
   (c) 'whole products' means birds' eggs not in shell,
                                                                    Council or Commission acts concerning the common
        whether or not containing added sugar or other
                                                                    organization of the market in eggs which result from the
        sweetening      matter     suitable     for    human
                                                                    application in Article 1.
        consumption;
    (d) 'separated products' means birds' egg yolks,                                          Article 4
        whether or not containing added sugar or other
        sweetened      matter      suitable     for    human        This Regulation shall enter into force on the day of its
        consumption;                                                publication in the Official Journal of the European
                                                                    Communities.
    (e) a 'quarter' means a period of three months
        beginning on 1 February, 1 May, 1 August or 1               It shall apply with effect from 1 January 1988.
        November.'
                                                                    This Regulation shall be binding in its entirety and
2. Annex I is replaced by the Annex to this Regulation.             directly applicable in all Member States.
 ---pagebreak--- No C 179/12                     Official Journal of the European Communities                                   8. 7. 88
                                                       ANNEX
                                                      'ANNEX I
                CN code                                           Description
          ex 0403          Buttermilk, curdled milk and cream, yogurt, kephir and other fermented or
                           acidified milk and cream, whether or not concentrated or containing added sugar
                           or other sweetening matter or flavoured or containing added cocoa
             1806         -Chocolate and other food preparations containing cocoa
          ex 1901          Food preparations of goods of heading Nos 0401 to 0404, containing cocoa
                           powder, not elsewhere specified or included
             1902 11 00    Uncooked pasta, not stuffed or otherwise prepared, containing eggs
          ex 1904          Prepared food, obtained by the swelling or roasting of cereals or cereal products
                           (for example, corn flakes); cereals, other than maize (corn), in a grain form, pre-
                           cooked or otherwise prepared containing cocoa
          ex 1905          Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing
                           cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use,
                           sealing wafers, rice paper and similar products:
             1905 20       — Gingerbread and the like
             1905 30       — Sweet biscuits; waffles and wafers
             1905 40 00    — Rusks, toasted bread and similar toasted products
             1905 90 40
             1905 90 50
                        •
                           — Other
             1905 90 60
             1905 90 90
          ex 2105 00       Ice cream and other edible ice, containing cocoa
          ex 2208 90       Spirits, liqueurs, and other spirituous beverages containing eggs or egg yolk
          ex 3502 10       — Egg albumin:
                                  Other:
             3502 10 91              Dried (in sheets, scales, flakes, powders etc.)
             3502 10 99              Other'