Commission Regulation (EC) No 2295/2003 of 23 December 2003 introducing detailed rules for implementing Council Regulation (EEC) No 1907/90 on certain marketing standards for eggs

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 1907/90 of 26 June 1990 on certain marketing standards for eggs⁽¹⁾, and in particular Articles 5(3), 6(5), 7(1)(d), 10(3), 11(2), 20(1) and 22(2) thereof,

Having regard to Council Regulation (EEC) No 2092/91 of 24 June 1991 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs⁽²⁾, and in particular Article 2 thereof,

Having regard to Commission Directive 2002/4/EC of 30 January 2002 on the registration of establishments keeping laying hens covered by Council Directive 1999/74/EC⁽³⁾, and in particular points 2.1 and 2.3 of the Annex thereto,

Whereas:

1. Council Regulation (EEC) No 1907/90 has recently undergone a number of radical amendments. The rules laid down in Commission Regulation (EEC) No 1274/91 of 15 May 1991 introducing detailed rules for implementing Regulation (EEC) No 1907/90 on certain marketing standards for eggs⁽⁴⁾ should be amended to take account of these changes. In the interests of clarity and legal certainty, Regulation (EEC) No 1274/91 should be repealed and replaced by a new Regulation.

2. Both technological developments and consumer demand now call for better traceability of products and prompter delivery, collection, grading and packing of eggs.

3. However, certain producers are able to guarantee that their eggs are kept at a constant temperature which makes it possible to grant them a permanent exemption from the general requirement of daily collection or delivery in the case of eggs intended for marking with the date of laying or labelling as ‘extra’ grade eggs as provided for in Article 12 of Regulation (EEC) No 1907/90. The applicable deadlines for collection and delivery should therefore be laid down and the rules to be applied in this case should be specified.

4. In order to guarantee the traceability of eggs and ensure that their origin and production method can be verified, each egg should also be marked with the distinguishing number of the production establishment, in accordance with Commission Directive 2002/4/EC, at the production site (on the farm) or, at the latest, at the first packing centre to which the eggs are sent. However, marking at the production site must be compulsory where the eggs are to leave the territory of the country of production, except where the producer has an exclusive contract with the packing centre. Each container must obligatorily be marked with the distinguishing number of the production establishment and the date or period of laying before leaving the production site.

5. In order to guarantee to consumers that the quality characteristics for fresh eggs, also called grade A eggs, can be checked and apply only to the best quality eggs, and that certain eggs may be guaranteed ‘extra fresh’, criteria of a high standard should be fixed for each quality grade, especially stringent arrangements should apply to their collection and further distribution, and eggs should be graded and marked with the distinguishing number of the production establishment and, where appropriate, the date of laying.

6. Only undertakings whose premises and technical equipment are suited to the scale of their operations and which therefore permit the proper handling of eggs should be authorised to grade eggs by quality and weight. In order to avoid confusion and facilitate identification of consignments of egg, each collector and packing centre should be allotted a distinguishing registration number based on a uniform coding system.

7. Eggs of ordinary quality, whose characteristics do not allow their inclusion in the grade ‘fresh eggs’, are to be treated as second-quality eggs and graded accordingly. In practice, these eggs are largely intended for direct delivery to the food industry, including food industry undertakings approved in accordance with Council Directive 89/437/EEC of 20 June 1989 on hygiene and health problems affecting the production and placing on the market of egg products⁽⁵⁾. Provided that the packs containing these eggs are labelled with the above destination, they need not in such cases bear the distinguishing mark which would otherwise identify them as grade B eggs. Such marking should also rule out any confusion, whether accidental or deliberate, with the marking provided for in the case of eggs unfit for human consumption, which may be delivered only to the non-food industry.

8. In addition to the mandatory date of minimum durability for grade A eggs and the packing date for grade B eggs for use on egg packs and the grading date in the case of loose sales, relevant additional information may be provided to consumers by the optional indication on eggs or packs of eggs of the recommended sell-by date and best-before date and/or laying date. The minimum keeping period should be linked to the quality criteria applicable to eggs.

9. In order to safeguard consumers against statements which might otherwise be made with the fraudulent intent of obtaining prices higher than those prevailing for eggs of hens raised in batteries or standard grade eggs, it is necessary to lay down minimum husbandry criteria to be respected, except in the case of organic rearing, which is covered by Regulation (EEC) No 2092/91. Especially rigorous registration, record-keeping and monitoring procedures should be laid down, in particular in the case of optional use of indications regarding the date of laying, the type of poultry feed and the region of origin.

10. Under Article 7(1) of Regulation (EEC) No 1907/90, a list of third countries offering sufficient guarantees as to equivalence with Community standards for rearing methods must be drawn up.

11. Bands and labels must allow easy identification of packs and their contents. Special attention should be given to large and small packs containing industrial eggs, on the one hand, and ‘extra’ grade eggs on the other.

12. Packing centres should have the option of repacking eggs when the packaging is damaged, when a trader wishes to sell eggs under its own name or when eggs in large packs are required to be repacked in small packs. In such cases the origin and age of the eggs must be given in the notices affixed to bands, labels and packs. These notices must show that the eggs have been regraded or repacked. The additional time taken for repacking makes it essential to forbid the indication ‘extra’ in the case of repacked eggs.

13. In order to ensure uniform application of Regulation (EEC) No 1907/90, and in particular the provisions concerning inspections, including the special arrangements for monitoring the use of the laying date and indications of particular types of poultry rearing, the poultry feed used and the origin of eggs, there must be a continuous exchange of information between the Member States and the Commission.

14. Effective inspection of compliance with marketing standards requires the examination of a sufficient number of eggs chosen so as to form a representative sample of the batch checked. In line with the provisions in Regulation (EEC) No 1907/90 regulating and defining loose sales, the sampling parameters should also be extended to such sales.

15. Since the methods used for grading eggs by quality and weight are not fully accurate, tolerance margins should be allowed. Since storage and transport conditions can also affect the quality and weight of a batch, tolerances should be differentiated according to marketing stage. In order to facilitate marketing and the checking of eggs graded by quality and weight when contained in large packs, an average minimum net weight should be laid down for each weight grade.

16. The quality of graded eggs deteriorates during storage and transport. The risk of deterioration, including microbial contamination, can be considerably reduced by imposing tight restrictions on the use of certain packaging materials. Strict requirements should therefore be laid down regarding the conditions in which such eggs are stored, transported and packed.

17. The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Poultrymeat and Eggs,

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