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 (presented by the Commission pursuant to the third paragraph of Article 149 of the EEC Treaty)

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Vol. 1988/0213
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                      COM(88 ) 646 final
                                      Brussels , 8  November 1988
                          Amendment to the
                           Proposal for a
                          COUNCIL DIRECTIVE
       on health problems affecting the production and the
                placing on the market of egg products
        ( presented by the Commission pursuant to the third
             paragraph of Article 149 of the EEC Treaty )
 ---pagebreak---                                  EXPLANATORY MEMORANDUM
On 13 February 1987 the Commission submitted to the Council a proposal for a
Directive on health problems affecting the production and the placing on the
market of egg products ( 1 ).
As a result of the opinion delivered by the European Parliament at its sitting
of 16 June 1988 ( 2 ), the Commission decided in accordance with the second
paragraph of Article 149 of the Treaty to amend its proposal for a Directive
on health problems affecting the production and the placing on the marked of
egg products .
( 1 ) OJ No C 67 , 14.3.1987 , p. 9
( 2 ) OJ No C ...
 ---pagebreak---                                 amendment to the Proposal
                                           for a
                                     COUNCIL DIRECTIVE
                       on health problems affecting the production
                      and the placing on the market of egg products
On 13 February 1987 the Commission submitted the abovementioned proposal to
the Council .    As a result of the opinion of the European Parliament delivered
at its sitting of 16 June 1988 , the following amendments are made to the
original proposal :
 1 . Article 2(1 ) is replaced by the following :
     " 1 . Egg products : whole egg , yolk and egg white or mixtures thereof ,
           after removal of the shell and membranes , intended for human
           consumption ;  they may be obtained from eggs of hens , ducks , geese ,
           turkeys , guineafowl or quails ; they may be partly supplemented with
           other foodstuffs or additives provided that at least 50 % of the egg
           products thus obtained consists of natural egg constituents ; they may
           be liquid , concentrated , dried , crystallized , frozen or deep frozen ;"
 2 . Article 2(4 ) is replaced by the following :
     " Establishment : establishment approved for the treatment of eggs and / or
     the manufacture of egg products ;"
 3 . Article 2(5 ) is replaced by the following :
     " 5 . Treatment : the treatment of egg products by an approved process
           satisfying the microbiological criteria laid down in the
           specifications set out in Chapter VI of the Annex ;"
 4 . Article 2(6 ) is replaced by the following :
     " 6 . Cracked eggs : eggs with a damaged but unfractured shell and with
           intact membranes ;"
 ---pagebreak---   5 . The introductory phrase in Article 3 is replaced by the following :
      "Member States shall ensure that only egg products which meet the
      following general requirements are produced as foodstuffs and used for the
      manufacture of foodstuffs " :
 6 . Article 3(a ) is replaced by the following :
      "( a ) they must have been treated or prepared in an establishment which has
             been approved in accordance with Article 6(1 ) and ( 2 ) which complies
             with Chapters I and II of the Annex and must satisfy the requirements
             of this Directive , and in particular those of Article 5 ;"
 7 . Article 3(b ) is replaced by the following :
      "( b ) they must have been prepared under hygiene conditions meeting the
             requirements of Chapters III and V of the Annex , with eggs meeting
             the requirements laid down in Chapter IV of the Annex ;"
 8 . Article 3(f ) is replaced by the following :
      "( f ) they must have been packed in accordance with Chapter VIII of the
             Annex ;"
 9 . Article 3(g ) is replaced by the following :
      "( g ) they must be stored and transported in accordance with Chapters IX
             and X of the Annex ;"
10 . The last indent of Article 4 is replaced by the following :
          the date of treatment of each batch must be indicated ;     this batch
           indication must appear on the treatment record and on the mark of
          wholesomeness provided for in Chapter XI ".
 ---pagebreak---                                              3
11 . Article 5(2 ) is replaced by the following :
    " 2 . If the egg products examined show traces of residues in excess of the
           permitted levels , they must not be allowed to be placed on the market
           as foodstuffs;”
12 . Article 13(2 ) and ( 3 ) are replaced by the following :
     ”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 majority laid
            down in Article 148(2 ) of the Treaty for the adoption of the measures
            to be taken by the Council on a proposal from the Commission .   When
            the Committee votes , the votes of Member States' representatives shall
            be weighted as provided for in the abovementioned Article . The
            Chairman shall not vote . The Commission shall adopt the measures
            contemplated if they are in accordance with the opinion of the
            Committee . If the measures contemplated are not in accordance with
            the opinion of the Committee or if no opinion is delivered , the
            Commission shall without delay propose to the Council the measures to
            be adopted .  The Council shall adopt the measures by a qualified
            majority .
       3 . If , within fifteen days from the date on which a matter is referred to
            it , the Council has taken no decision , the Commission shall adopt the
            proposed measures ."
 ---pagebreak---                                               4
13 . Article 14(2 ) and ( 3 ) are replaced by tho following :
     " 2 . The Commission representative shall submit to the Committee a draft of
           the measures to be adopted .   The Committee shall deliver its opinion on
           that draft within a period which its Chairman may fix taking account of
           the urgency of the matter in question .   It shall decide by the majority
           laid down in Article 148(2 ) of the Treaty for the adoption of decisions
           to be taken by the Council on a proposal from the Commission .   When
           there is a vote within the Committee , the votes of Member States'
           representatives shall be weighted as provided for in the abovementioned
           Article .   The Chairman shall not vote . The Commission shall adopt the
           measures contemplated if they are in accordance with the opinion of the
           Committee .   Where the measures contemplated are not in accordance with
           the opinion of the Committee or if no opinion is delivered , the
           Commission shall without delay propose to the Council the measures to
           be adopted .   The Council shall adopt the measures by a qualified
           majority .
        3 . If , within three months from the date on which the proposal was
            submitted to it , the Council has taken no decision , the Commission
            shall adopt the proposed measures ."
14 . The title of Chapter I of the Annex is replaced by the following :
      "General conditions of approval and operation ."
                                                                                     c
 ---pagebreak---                                             5
15 . In Chapter IV of the Annex , point 1 is replaced by tho following :
     " 1 . Materials used for packaging eggs for the manufacture of egg products
           must be dry , in good condition and clean and must be made of material
           which protects the eggs from all foreign smells and any risk
           deterioration of the quality and is not capable of transmitting to
           them substances harmful to human health . In addition , the material
           making up the inner surface must be shock- resistant .
           Packaging material and material making up the inner surface may not be
           re used unless it is renewed and meets the abovementioned technical
           and hygiene spécifications.”
16 . In Chapter V of the Annex , point 6 is replaced by the following :
     ”6 . Breaking , whatever procedure is used , shall be carried out in such a
           way as to avoid as far as possible contamination of the egg contents
           Préparation by centrifuging or crushing of egg products intended to be
           consumed as foodstuffs is prohibited . The remains of shells or
           membranes must be kept out of the egg product as far as possible and
           must not exceed the quantity specified in Chapter VI , point 4.”
                                                                                  7
 ---pagebreak---                                             6
17 . In Chapter V , point 7 is replaced by the following :
     " 7 . After breaking , each particle of egg product must undergo treatment as
           quickly as possible ; heat treatment consists of treating the egg
           product at an appropriate temperature for an appropriate period in
           order to eliminate any pathogenic organisms present ; during heat
           treatment , temperatures must be registered continuously ; the records
           of each batch having undergone treatment must be kept at the disposal
           of the competent authority for two years ; a batch which has been
           insufficiently treated must undergo treatment again if it is intended
           for human consumption.”
18 . In Chapter V , the following point lia is added :
     " 11a . In approved establishments , the preparation of egg products from raw
             materials which are not suitable for the manufacture of foodsftuffs
             is prohibited , even for non-food purposes ."
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