Full Statute Name:  Commission Regulation (EC) Number 557/2007 of 23 May 2007 laying down detailed rules for implementing Council Regulation (EC) No 1028/2006 on marketing standards for eggs

COMMISSION REGULATION (EC) No 557/2007
of 23 May 2007
laying down detailed rules for implementing Council Regulation (EC) No 1028/2006 on marketing standards for eggs

THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European
Community,
Having regard to Council Regulation (EC) No 1028/2006 of 19
June 2006 on marketing standards for eggs (1), and in particular
Article 11 thereof,
Whereas:
(1) Regulation (EC) No 1028/2006 lays down the basic
requirements which eggs must satisfy to be marketed
in the Community. For the sake of clarity, new detailed
rules for the implementation of those requirements
should be laid down. 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 (2)
should therefore be repealed and replaced by a new
Regulation.
(2) Regulation (EC) No 852/2004 of the European
Parliament and of the Council of 29 April 2004 on
the hygiene of foodstuffs (3) and Regulation (EC) No
853/2004 of the European Parliament and of the
Council of 29 April 2004 laying down specific hygiene
rules for food of animal origin (4) apply to eggs.
Therefore, reference should be made to the extent
possible to those horizontal Regulations.
(3) The quality characteristics for Class A eggs should be
fixed in order to guarantee the high quality of eggs to
be delivered directly to the final consumer and to set
criteria that can be checked by inspection services.
Such quality characteristics should be based on
Standard No 42 of the United Nations Economic
Commission for Europe (UN/ECE) concerning the
marketing and commercial quality controls of eggs-inshell
moving in international trade between and to
UN/ECE member countries.
(4) Cold eggs left out at room temperature can lead to
condensation, facilitating the growth of bacteria on the
shell and probably ingress into the egg. Therefore, eggs
must be stored and transported preferably at a constant
temperature, and should in general not be refrigerated
before sale to the final consumer.
(5) In general, eggs should not be washed or cleaned because
such practices can cause damage to the egg shell, which
is an effective barrier to bacterial ingress with an array of
antimicrobial properties for the egg. However, some
practices, such as treatment of eggs with ultra-violet
rays, should not be interpreted as constituting a
cleaning process. Moreover, Class A eggs should not be
washed because of the potential damage to the physical
barriers, such as the cuticle, which can occur during or
after washing. Such damage may favour trans-shell
contamination with bacteria and moisture loss and
thereby increase the risk to consumers, particularly if
subsequent drying and storage conditions are not
optimal.
(6) However, egg-washing systems subject to authorisation
and operating under carefully controlled conditions are
used in some Member States with good results.
According to the opinion of the European Food Safety
Authority, Scientific Panel on Biological Hazards on the
request from the Commission related to the Microbiological
risks on washing of Table Eggs adopted on 7
September 2005 (5), the egg-washing practice as
performed in certain packing centres can be sustained
from a hygienic standpoint provided, inter alia, that a
code of practice for egg-washing systems is developed.
(7) Class A eggs should be graded by weight, and a limited
number of weight grades and corresponding clear terms
should be fixed as minimum labelling requirements,
which do not rule out additional voluntary labelling,
provided the requirements of Directive 2000/13/EC of
the European Parliament and of the Council of 20
March 2000 on the approximation of the laws of the
Member States relating to the labelling, presentation and
advertising of foodstuffs (6) are met.
(8) Only undertakings whose premises and technical
equipment are suited to the scale and type of their
operations, and which therefore allow eggs to be
handled properly, should be authorised to grade eggs
by quality and weight as packing centres.
24.5.2007 EN Official Journal of the European Union L 132/5
(1) OJ L 186, 7.7.2006, p. 1.
(2) OJ L 340, 24.12.2003, p. 16. Regulation as last amended by Regulation
(EC) No 2001/2006 (OJ L 379, 28.12.2006, p. 39).
(3) OJ L 139, 30.4.2004, p. 1. Corrected by OJ L 226, 25.6.2004, p. 3.
(4) OJ L 139, 30.4.2004, p. 55. Corrected by OJ L 226, 25.6.2004,
p. 22. Regulation as last amended by Council Regulation (EC) No
1791/2006 (OJ L 363, 20.12.2006, p. 1).
(5) The EFSA Journal (2005) 269, 1-39.
(6) OJ L 109, 6.5.2000, p. 29. Directive as last amended by
Commission Directive 2006/142/EC (OJ L 368, 23.12.2006,
p. 110).
(9) Maximum time limits for the grading, marking, packing
of eggs and marking of packs should be fixed in order to
facilitate checks as provided for in Article 7(2) of Regulation
(EC) No 1028/2006.
(10) In addition to the general obligation to establish traceability
of food, feed, food-producing animals, and any
other substance intended to be, or expected to be, incorporated
into food or feed at all stages of production,
processing and distribution in accordance with Regulation
(EC) No 178/2002 of the European Parliament
and of the Council of 28 January 2002 laying down
the general principles and requirements of food law,
establishing the European Food Safety Authority and
laying down procedures in matters of food safety (1),
certain information on transport packaging containing
eggs and accompanying documents for the purpose of
carrying out checks should be laid down.
(11) For the purpose of performing checks effectively as
provided for in Article 7(2) of Regulation (EC) No
1028/2006, the marking of eggs with the producer
code at the production site is essential where eggs are
delivered to another Member State. In accordance with
the second subparagraph of Article 4(1) of Regulation
(EC) No 1028/2006, Class B eggs are to be marked
with the producer code and/or with another indication
if marketed in another Member State. It should be
clarified that in case the producer code alone does not
allow for a clear distinction of the quality grading, Class
B eggs should be marked with another indication.
(12) The composition of the producer code provided for in
Article 4 of Regulation (EC) No 1028/2006 should be
fixed. Moreover, it should be clarified that an exception
to the marking requirement with the producer code may
be made if the technical equipment for egg marking does
not allow for marking cracked or soiled eggs.
(13) The characteristics of the other possible indications for
marking Class B eggs as referred to in Article 4(1) of
Regulation (EC) No 1028/2006 should be defined.
(14) Under Article 2(2)(b) of Council Regulation (EEC) No
1907/90 of 26 June 1990 on certain marketing
standards for eggs (2), provisions on marking did not
apply to eggs delivered directly to the food industry for
processing. In order to improve controls on such
deliveries, Member States should grant exemptions from
the marking requirement only on request of such
operators. However, in order to allow Member States
to grant such exemptions, a reasonable transitional
period of one year should be laid down.
(15) Directive 2000/13/EC lays down rules of a general nature
applicable to all foodstuffs put on the market. However,
some specific marking requirements should be provided
for packs.
(16) Article 9 of Directive 2000/13/EC defines the date of
minimum durability of a foodstuff to be the date until
which the foodstuff retains its specific properties when
properly stored. For the sake of clarity, this date should
be fixed at not more than 28 days after laying.
(17) Eggs may be sold with an indication highlighting the
particular freshness of the egg. For this purpose, a
maximum time limit should be fixed clarifying the use
of such indications.
(18) Eggs may be sold with an indication highlighting the
particular feed formula fed to the laying hens. It is appropriate
to fix minimum requirements for such indications.
(19) When eggs are sold loose, certain information normally
on the pack should be accessible to the consumer.
(20) In addition to the general hygiene requirements for the
wrapping and packaging of foodstuffs, some additional
requirements should be laid down in order to minimise
the risk of deterioration or contamination of eggs during
storage and transport. Such standards should be based on
UN/ECE Standard No 42.
(21) Industrial eggs are unfit for human consumption. It is
therefore appropriate to require special bands or labels
for the easy identification of packaging containing such
eggs.
(22) Only packing centres have the premises and technical
equipment suitable for repacking eggs. It is therefore
appropriate to limit any repacking activities to packing
centres.
(23) Food business operators are obliged to establish traceability
in accordance with Regulation (EC) No
178/2002. Producers, collectors and packing centres
should be obliged to keep specific additional records in
order to allow inspection services to check compliance
with the marketing standards.
(24) The methods and criteria for conducting checks should
be laid down.
L 132/6 EN Official Journal of the European Union 24.5.2007
(1) OJ L 31, 1.2.2002, p. 1. Regulation as last amended by Commission
Regulation (EC) No 575/2006 (OJ L 100, 8.4.2006, p. 3).
(2) OJ L 173, 6.7.1990, p. 5. Regulation repealed by Regulation (EC) No
1028/2006 with effect from 1 July 2007.
(25) It is appropriate to check compliance with the marketing
standards for a batch as a whole, and the marketing of a
batch found not to be compliant should be prohibited
unless compliance can be proven.
(26) Certain tolerances should be allowed when checking
compliance with the marketing standards. Such
tolerances should differ according to the different
requirements and marketing stages.
(27) Third countries may have requirements different from
those fixed for the Community for the marketing of
eggs. In order to facilitate exports, eggs packed and
intended for export should be allowed to conform to
such requirements.
(28) Details should be fixed regarding the assessment of the
equivalence of third country marketing standards with
Community legislation to be conducted by the
Commission at the request of third countries. Certain
marking and labelling requirements for eggs imported
from third countries should be laid down.
(29) It is useful for the Commission to have data available on
the number of laying hen places registered.
(30) Member States should communicate significant infringements
of the marketing standards so that other
Member States that may be affected can be alerted in
an appropriate manner.
(31) Egg supply for the retail trade in the French overseas
departments relies partly on the supply of eggs from
the European continent. In view of the duration of
transport and of climatic conditions, the preservation
of eggs transported to the French overseas departments
presupposes the fulfilment of specific supply
arrangements, including the possibility to dispatch eggs
chilled. These special arrangements can be justified by the
current lack of sufficient local egg production capacities.
Until sufficient local production capacities are built up,
these exceptional arrangements should be prolonged for
a reasonable period of time.
(32) Article 1(2) of Regulation (EC) No 1028/2006 allows
Member States to exempt certain forms of direct sales
of eggs from producers to the final consumer from the
requirements of that Regulation. In order to take account
of the specific conditions of egg marketing in certain
regions in Finland, sales from producers to retail
outlets in those regions should be exempted from the
requirements of Regulation (EC) No 1028/2006 and of
this Regulation.
(33) Member States should ensure that rearing of laying hens
in unenriched cage systems is prohibited with effect from
1 January 2012 in accordance with Article 5(2) of
Council Directive 1999/74/EC (1). The Commission
should therefore evaluate the application of the
voluntary labelling provisions foreseen with regard to
enriched cages before that date in order to examine the
need of rendering this labelling compulsory.
(34) The measures provided for in this Regulation are in
accordance with the opinion of the Management
Committee for Poultrymeat and Eggs,
HAS ADOPTED THIS REGULATION:
Article 1
Definitions
The definitions in Article 2 of Regulation (EC) No 1028/2006,
Article 2(1) of Regulation (EC) No 852/2004 and points 5 and
7.3 of Annex I to Regulation (EC) No 853/2004 shall apply as
appropriate.
In addition, the following definitions shall apply for the purpose
of this Regulation:
(a) 'pack' means a wrapping containing Class A or B eggs,
excluding transport packaging and containers of industrial
eggs;
(b) 'loose sales' means the offer for retail sale of eggs to the
final consumer, other than in packs;
(c) 'collector' means any establishment registered in accordance
with Article 6 of Regulation (EC) No 852/2004 to collect
eggs from a producer for delivery to a packing centre, to a
market selling exclusively to wholesalers whose undertakings
are approved as packing centres, or to food and
non-food industry;
(d) 'sell-by date' means the maximum time limit for delivery of
the egg to the final consumer according to point 3 of
Chapter I of Section X of Annex III to Regulation
(EC) No 853/2004;
(e) 'food industry' means any establishment producing egg
products intended for human consumption, excluding
mass caterers;
(f) 'non-food industry' means any business producing products
containing eggs not intended for human consumption;
24.5.2007 EN Official Journal of the European Union L 132/7
(1) OJ L 203, 3.8.1999, p. 53. Directive as amended by Regulation (EC)
No 806/2003 (OJ L 122, 16.5.2003, p. 1).
(g) 'mass caterers' means the entities referred to in Article 1(2)
of Directive 2000/13/EC;
(h) 'industrial eggs' means eggs not intended for human
consumption;
(i) 'batch' means the eggs in packs or loose from one and the
same production site or packing centre, situated in one
place, in the same packs or loose, with one and the same
laying date or date of minimum durability or packing date,
the same farming method, and in the case of graded eggs,
the same quality and weight grading;
(j) 'repacking' means the physical transfer of eggs to another
pack or the re-marking of a pack containing eggs.
Article 2
Quality characteristics of eggs
1. Class A eggs shall have the following quality characteristics:
(a) shell and cuticle: normal shape, clean and undamaged;
(b) air space: height not exceeding 6 mm, stationary; however,
for eggs to be marketed as 'extra' it may not exceed 4 mm;
(c) yolk: visible on candling as a shadow only, without clearly
discernible outline, slightly mobile upon turning the egg,
and returning to a central position;
(d) white: clear translucent;
(e) germ: imperceptible development;
(f) foreign matter: not permissible;
(g) foreign smell: not permissible.
2. Class A eggs shall not be washed or cleaned, before or
after grading, except as provided for in Article 3.
3. Class A eggs shall not be treated for preservation or
chilled in premises or plants where the temperature is artificially
maintained at less than 5 °C. However, eggs which have been
kept at a temperature below 5 °C during transport for not more
than 24 hours or on retail premises or in annexes thereto for
not more than 72 hours shall not be considered as chilled.
4. Class B eggs shall be eggs which do not meet the quality
characteristics provided for in paragraph 1. Class A eggs which
no longer have those characteristics may be downgraded to
Class B.
Article 3
Washed eggs
1. Member States which, on 1 June 2003, authorised packing
centres to wash eggs may continue to authorise packing centres
to wash eggs, provided that those centres operate in accordance
with the national guides for egg-washing systems. Washed eggs
may only be marketed in the Member States in which such
authorisations have been issued.
2. The Member States referred to in paragraph 1 shall
encourage the development of national guides to good
practice for egg-washing systems by the food business
operators, in accordance with Article 8 of Regulation (EC) No
852/2004.
Article 4
Grading of Class A eggs by weight
1. Class A eggs shall be graded by weight as follows:
(a) XL-very large: weight ≥ 73 g;
(b) L-large: weight ≥ 63 g and < 73 g;
(c) M-medium: weight ≥ 53 g and < 63 g;
(d) S-small: weight < 53 g.
2. The weight grading shall be indicated by the corresponding
letters or terms as defined in paragraph 1 or by a
combination of both, which may be supplemented by the corresponding
weight ranges. Other additional indications may be
used, provided that such indications are not likely to be
mistaken for the letters or terms defined in paragraph 1 and
comply with Directive 2000/13/EC.
3. By way of derogation from paragraph 1, where Class A
eggs of different sizes are packed together in the same pack, the
minimum net weight of the eggs shall be given in grams and
the indication 'Eggs of different sizes' or equivalent terms shall
appear on the outer surface of the pack.
Article 5
Authorisation of packing centres
1. Only undertakings satisfying the conditions laid down in
this Article shall be authorised as packing centres within the
meaning of Article 5 of Regulation (EC) No 1028/2006.
L 132/8 EN Official Journal of the European Union 24.5.2007
2. The competent authority shall allot the packing centre a
packing centre code with an initial code for the Member State
concerned as specified in point 2.2 of the Annex to
Commission Directive 2002/4/EC (1).
3. Packing centres shall have the technical equipment
necessary to ensure that eggs are handled properly. This
should include as appropriate:
(a) suitable candling equipment, automatic or continuously
staffed throughout, allowing the quality of each egg to be
examined separately, or other appropriate equipment;
(b) devices for measuring the height of the air space;
(c) equipment for grading eggs by weight;
(d) one or more approved balances for weighing eggs;
(e) equipment for marking eggs.
Article 6
Time limit for grading, marking, packing of eggs and
marking of packs
1. Eggs shall be graded, marked and packed within 10 days
of laying.
2. Eggs marketed in accordance with Article 14 shall be
graded, marked and packed within four days of laying.
3. The date of minimum durability referred to in Article
12(1)(d) shall be marked at the time of packing in accordance
with Article 9(2) of Directive 2000/13/EC.
Article 7
Information displayed on transport packaging
1. Without prejudice to Article 18 of Regulation (EC) No
178/2002, at the production site, each transport packaging
containing eggs shall be identified by the producer by:
(a) the producer's name and address;
(b) the producer code;
(c) the number of eggs and/or their weight;
(d) the laying date or period;
(e) the date of dispatch.
In the case of packing centres supplied with unpacked eggs
from their own production units, situated at the same site,
identification on transport packaging may take place at the
packing centre.
2. The information referred to in paragraph 1 shall be
applied to the transport packaging and be contained in accompanying
documents. A copy of those documents shall be
kept by any intervening operator to whom the eggs are
delivered. The originals of the accompanying documents shall
be kept by the packing centre that grades the eggs.
Where batches received by a collector are subdivided for
delivery to more than one operator, the accompanying
documents may be substituted by appropriate transport
container labels, provided that the latter include the information
referred to in paragraph 1.
3. The information referred to in paragraph 1 applied to the
transport packaging shall not be modified and shall remain on
the transport packaging until removal of eggs for immediate
grading, marking and packing.
Article 8
Marking of eggs for cross-border delivery
1. Eggs delivered from a production site to a collector, a
packing centre or non-food industry situated in another
Member State shall be marked with the producer code before
leaving the production site.
2. A Member State on whose territory the production site is
situated may grant an exemption from the requirement
provided for in paragraph 1, where a producer has signed a
delivery contract with a packing centre in another Member State
requiring the marking in accordance with this Regulation. Such
an exemption may be granted only at the request of both
operators concerned and with the prior written agreement of
the Member State where the packing centre is situated. In such
cases, a copy of the delivery contract shall accompany the
consignment.
3. The minimum duration of delivery contracts referred to in
paragraph 2 may not be less than one month.
4. The inspection services, referred to in Article 7(1) of Regulation
(EC) No 1028/2006, of the Member States concerned,
and of any transit Member States, shall be informed before an
exemption is granted in accordance with paragraph 2 of this
Article.
24.5.2007 EN Official Journal of the European Union L 132/9
(1) OJ L 30, 31.1.2002, p. 44.
5. Class B eggs marketed in another Member State shall be
marked in accordance with Article 4(1) of Regulation (EC) No
1028/2006 and, where appropriate, bear an indication in
accordance with Article 10 of this Regulation so as to ensure
that they can easily be distinguished from Class A eggs.
Article 9
Producer code
1. The producer code shall consist of the codes and letters
provided for in point 2 of the Annex to Directive 2002/4/EC. It
shall be easily visible and clearly legible and be at least 2 mm
high.
2. Without prejudice to the third subparagraph of Article
4(1) of Regulation (EC) No 1028/2006, where it is not
possible for technical reasons to mark cracked or soiled eggs,
marking with the producer code shall not be compulsory.
Article 10
Indications on Class B eggs
The indication referred to in the second subparagraph of Article
4(1) of Regulation (EC) No 1028/2006 shall be a circle at least
12 mm in diameter around the letter 'B' at least 5 mm high, or
an easily visible colour spot of at least 5 mm in diameter.
Article 11
Marking of eggs delivered directly to the food industry
1. Until 30 June 2008, the marking obligations provided for
in Article 4(1) of Regulation (EC) No 1028/2006 shall not
apply to eggs produced in the Community, collected by the
food industry operator itself approved in accordance with
Article 4 of Regulation (EC) No 853/2004, directly from its
habitual suppliers. In that case, the delivery shall be under the
full responsibility of the food industry operator, which
accordingly undertakes to use the eggs only for processing.
2. From 1 July 2008, Member States may exempt operators
at their request from the marking obligations provided for in
Article 4(1) of Regulation (EC) No 1028/2006, where eggs are
delivered directly from the production site to the food industry.
Article 12
Marking of packs
1. Packs containing Class A eggs shall bear on the outer
surface in easily visible and clearly legible type:
(a) the packing centre code;
(b) the quality grading; packs shall be identified either by the
words 'Class A' or the letter 'A' whether alone or in combination
with the word 'fresh';
(c) the weight grading in accordance with Article 4(2) of this
Regulation;
(d) the date of minimum durability in accordance with Article
13 of this Regulation;
(e) the wording 'washed eggs' for eggs washed in accordance
with Article 3 of this Regulation;
(f) as a special storage condition in accordance with Article
3(1)(6) of Directive 2000/13/EC, an indication advising
consumers to keep eggs chilled after purchase.
2. In addition to the requirements laid down in paragraph 1,
packs containing Class A eggs shall bear on the outer surface in
easily visible and clearly legible type the farming method.
For the identification of the farming method only the following
terms shall be used:
(a) for conventional farming, the terms set out in Part A of
Annex I, and only if the relevant conditions laid down in
Annex II are fulfilled;
(b) for organic production, the terms set out in Article 2 of
Council Regulation (EEC) No 2092/91 (1).
The meaning of the producer code shall be explained on or
inside the pack.
Where laying hens are kept in systems of production in
accordance with the requirements laid down in Chapter III of
Council Directive 1999/74/EC, the identification of the farming
method may be complemented by one of the indications listed
in Part B of Annex I to this Regulation.
3. Paragraph 2 shall apply without prejudice to national
technical measures going beyond the minimum requirements
laid down in Annex II, which may apply only to producers
of the Member State concerned and provided that they are
compatible with Community law.
4. Packs containing Class B eggs shall bear on the outer
surface in easily visible and clearly legible type:
(a) the packing centre code;
(b) the quality grading; packs shall be identified either by the
words 'Class B' or the letter 'B';
(c) the packing date.
L 132/10 EN Official Journal of the European Union 24.5.2007
(1) OJ L 198, 22.7.1991, p. 1.
5. The Member States may require, for packs of eggs
produced on their territory, that the labels be affixed in such
a way so as to be broken when opening the packs.
Article 13
Indication of the date of minimum durability
The date of minimum durability referred to in Article 3(1)(5) of
Directive 2000/13/EC shall be fixed at not more than 28 days
after laying. Where the period of laying is indicated, the date of
minimum durability shall be determined from the first day of
that period.
Article 14
Packs marked as 'extra'
1. The words 'extra' or 'extra fresh' may be used as an additional
quality indication on packs containing Class A eggs
until the ninth day after laying of the eggs.
2. Where indications referred to in paragraph 1 are used, the
laying date and the time limit of nine days shall be shown on
the pack in such a way as to be easily visible and clearly legible.
Article 15
Indication of how laying hens are fed
Where an indication of how the laying hens are fed is used, the
following minimum requirements shall apply:
(a) reference may be made to cereals as a feed ingredient only
where they account for at least 60 % in weight of the feed
formula given, of which no more than 15 % of cereal byproducts
may be part;
(b) without prejudice to the minimum of 60 % referred to in
point (a), where reference is made to a specific cereal, it
shall account for at least 30 % of the feed formula used.
If specific reference is made to more than one cereal, each
shall account for at least 5 % of the feed formula.
Article 16
Information to be displayed for loose egg sales
For loose egg sales, the following information shall be given in
such a manner as to be easily visible and clearly legible to the
consumer:
(a) the quality gradings;
(b) the weight grading in accordance with Article 4;
(c) an indication of the farming method equivalent to that
referred to in Article 12(2);
(d) an explanation of the meaning of the producer code;
(e) the date of minimum durability.
Article 17
Quality of packs
Without prejudice to the requirements laid down in Chapter X
of Annex II to Regulation (EC) No 852/2004, packs shall be
shock resistant, dry, clean and in good repair, and be of
materials which protect the eggs from extraneous odour and
the risk of quality deterioration.
Article 18
Industrial eggs
Industrial eggs shall be marketed in packaging containers with a
red band or label.
Those bands and labels shall show:
(a) the name and address of the operator for whom the eggs
are intended;
(b) the name and address of the operator who has dispatched
the eggs;
(c) the words 'industrial eggs' in capital letters 2 cm high, and
the words 'unsuitable for human consumption' in letters at
least 8 mm high.
Article 19
Repacking
Packed Class A eggs may be repacked only by packing centres.
Each pack shall contain only eggs of a single batch.
Article 20
Records to be kept by producers
1. Producers shall record information on the farming
methods, specifying for each farming method used:
(a) the date of placing, age at placing and number of laying
hens;
(b) the date of culling and the number of hens culled;
(c) daily egg production;
(d) the number and/or weight of eggs sold per day or delivered
daily by other means;
(e) the names and addresses of purchasers.
24.5.2007 EN Official Journal of the European Union L 132/11
2. Where the feeding method is indicated in accordance with
Article 15 of this Regulation, producers shall, without prejudice
to the requirements laid down in part A.III of Annex I to
Regulation (EC) No 852/2004, record the following information,
specifying for each feeding method used:
(a) the quantity and type of feed supplied or mixed on site;
(b) the date of delivery of feed.
3. Where a producer uses different farming methods on a
single production site, the information referred to in paragraphs
1 and 2 shall be broken down by hen house.
4. For the purposes of this Article, instead of keeping records
of sales and deliveries, producers may keep files of invoices and
delivery notes marked as indicated in paragraphs 1 and 2.
Article 21
Records to be kept by collectors
1. Collectors shall record separately, by farming method and
by day:
(a) the quantity of eggs collected, broken down by producer,
giving the name, address and producer code, and the laying
date or period;
(b) the quantity of eggs delivered to the relevant packing
centres, broken down by producer, giving the name,
address, packing centre code and the laying date or period.
2. For the purposes of this Article, instead of keeping records
of sales and deliveries, collectors may keep files of invoices and
delivery notes marked as indicated in paragraph 1.
Article 22
Records to be kept by packing centres
1. Packing centres shall record separately, by farming method
and by day:
(a) the quantities of ungraded eggs they receive, broken down
by producer, giving the name, address and producer code
and the laying date or period;
(b) after the eggs are graded, the quantities by quality and
weight grade;
(c) the quantities of graded eggs received coming from other
packing centres, including the code of those packing centres
and the date of minimum durability;
(d) the quantities of ungraded eggs delivered to other packing
centres, broken down by producer, including the code of
those packing centres and the laying date or period;
(e) the number and/or weight of eggs delivered, by quality and
weight grade, packing date in the case of Class B eggs or the
date of minimum durability in the case of Class A eggs, and
by purchaser, with the name and address of the latter.
Packing centres shall update their physical stock records each
week.
2. Where Class A eggs and their packs bear an indication of
how laying hens are fed in accordance with Article 15, packing
centres using such indications shall keep separate records in
accordance with paragraph 1.
3. For the purposes of this Article, instead of keeping records
of sales and deliveries, packing centres may keep files of
invoices and delivery notes marked as indicated in paragraphs
1 and 2.
Article 23
Time limits for keeping records
Records and files referred to in Articles 7(2), 20, 21 and 22
shall be kept for at least 12 months from the date of their
creation.
Article 24
Inspection of operators
1. Apart from random sampling, operators shall be inspected
at a frequency to be determined by the inspection services on
the basis of a risk analysis as referred to in Article 7(2) of
Regulation (EC) No 1028/2006 taking account, at least, of:
(a) the results of previous checks;
(b) the complexity of the marketing channels followed by the
eggs;
(c) the degree of segmentation in the production or packing
establishment;
(d) the quantity of eggs produced or packed;
(e) any substantial changes from previous years in the type of
eggs produced or processed or in the marketing method.
L 132/12 EN Official Journal of the European Union 24.5.2007
2. Inspections shall be conducted regularly and be unannounced.
Records referred to in Articles 20, 21 and 22 shall
be made available on first request to the inspection services.
Article 25
Decisions on non-compliance
1. Decisions by inspection services following inspections
provided for in Article 24 indicating non-compliance with
this Regulation may only be taken for the whole of the batch
which has been checked.
2. Where the checked batch is deemed not to comply with
this Regulation, the inspection service shall prohibit its
marketing, or importation if the batch comes from a third
country, unless and until proof is forthcoming that it has
been made to comply with this Regulation.
3. The inspection service which made the check shall verify
whether the rejected batch has been or is being made to comply
with this Regulation.
Article 26
Tolerance for quality defects
1. The following tolerances shall be allowed when checking
batches of Class A eggs:
(a) at the packing centre, just before dispatch: 5 % of eggs with
quality defects;
(b) at the other marketing stages: 7 % of eggs with quality
defects.
2. For eggs marketed as 'extra' or 'extra fresh', no tolerance
shall be allowed for the height of the air space at the time of
packing or import.
3. Where the batch checked contains fewer than 180 eggs,
the percentages provided for in paragraph 1 shall be doubled.
Article 27
Tolerance for egg weight
1. Except in the case provided for in Article 4(3), in the
checking of batches of Class A eggs, a tolerance shall be
allowed as regards the weight per egg. Such batches may
contain not more than 10 % of eggs of weight grades
adjacent to that marked on the packing, but not more than
5 % of eggs of the next lower weight grade.
2. Where the batch checked contains fewer than 180 eggs,
the percentages provided for in paragraph 1 shall be doubled.
Article 28
Tolerance for marking eggs
A tolerance of 20 % of eggs with marks that are illegible shall
be allowed in the checking of batches and packs.
Article 29
Eggs for export to third countries
Eggs packed and intended for export may be made to comply
with requirements different from those laid down in Regulation
(EC) No 1028/2006 and this Regulation as regards quality,
marking and labelling, or with additional requirements.
Article 30
Imported eggs
1. Any evaluation of equivalence as referred to in Article 6(1)
of Regulation (EC) No 1028/2006 shall include an assessment
of whether the requirements contained in this Regulation are
effectively met by operators in the third country concerned. It
shall be updated regularly.
The Commission shall publish the result of the evaluation in the
Official Journal of the European Union.
2. Eggs imported from third countries shall be clearly and
legibly marked in the country of origin in accordance with the
ISO 3166 country code.
3. Packs containing eggs imported from countries not
offering sufficient guarantees as to the equivalence of rules as
referred to in Article 6(3) of Regulation (EC) No 1028/2006
shall bear on the outer surface in easily visible and clearly
legible type:
(a) the country of origin;
(b) the farming method as 'non-EC standard'.
Article 31
Reporting
Before 1 April each year, each Member State shall notify the
Commission by electronic means of the number of production
sites with the breakdown of the farming methods, including the
maximum capacity of the establishment in number of birds
present at one time.
24.5.2007 EN Official Journal of the European Union L 132/13
Article 32
Notification of infringements
Member States shall notify the Commission within five working
days by electronic means of any infringements found by
inspection services, or any serious suspicion thereof, which
are liable to affect intra-Community trade in eggs. Intra-
Community trade is deemed to be affected in particular in the
event of serious infringements by operators that produce or
market eggs for sale in another Member State.
Article 33
Exceptions for the French overseas departments
1. By way of derogation from Article 2(3), eggs intended for
retail trade in the French overseas departments may be
dispatched chilled to those departments. In that case, the sellby
date may be extended to 33 days.
2. In the case referred to in paragraph 1 of this Article, in
addition to the requirements provided for in Articles 12 and 16,
the wording 'chilled eggs' shall appear and particulars as to
refrigeration shall be given on the outer surface of the pack.
The distinguishing mark for 'chilled eggs' shall be an equilateral
triangle of at least 10 mm along the sides.
Article 34
Exceptions for certain regions of Finland
Eggs sold directly by the producer to retail outlets in the regions
listed in Annex III shall be exempted from the requirements of
Regulation (EC) No 1028/2006 and of this Regulation.
However, the farming method must be duly identified in
accordance with Articles 12(2) and 16(c) of this Regulation.
Article 35
Evaluation of practices regarding certain voluntary
labelling
By 31 December 2009 at the latest, the Commission shall
evaluate the use made of the voluntary labelling in accordance
with the last subparagraph of Article 12(2), with a view, if
necessary, to rendering it compulsory.
Article 36
Repeal
Regulation (EC) No 2295/2003 is repealed with effect from
1 July 2007.
References to the repealed Regulation shall be construed as
references to this Regulation and shall be read in accordance
with the correlation table in Annex IV.
Article 37
Entry into force
This Regulation shall enter into force on the seventh day
following its publication in the Official Journal of the European
Union.
It shall apply from 1 July 2007.
Article 33 shall apply until 30 June 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 May 2007.
For the Commission
Mariann FISCHER BOEL
Member of the Commission
L 132/14 EN Official Journal of the European Union 24.5.2007
ANNEX I
PART A
Terms referred to in point (a) of the second subparagraph of Article 12(2)
Code
languages 1 2 3
BG '____ __ _______ - ________
__________ __ _______'
'____ __ _______ - ______
__________'
'____ __ _______ - ________
__________'
ES 'Huevos de gallinas camperas' 'Huevos de gallinas criadas en el
suelo'
'Huevos de gallinas criadas en jaula'
CS 'Vejce nosnic ve volném vy_b_hu' 'Vejce nosnic v halách' 'Vejce nosnic v klecích'
DA 'Frilandsæg' 'Skrabeæg' 'Buræg'
DE 'Eier aus Freilandhaltung' 'Eier aus Bodenhaltung' 'Eier aus Käfighaltung'
ET 'Vabalt peetavate kanade munad' 'Õrrekanade munad' 'Puuris peetavate kanade munad'
EL '____ _________ ______' '____ _______ _ ____ ________' '____ _____________'
EN 'Free range eggs' 'Barn eggs' 'Eggs from caged hens'
FR 'Oeufs de poules élevées en plein
air'
'Oeufs de poules élevées au sol' 'Oeufs de poules élevées en cage'
GA 'Uibheacha saor-raoin' 'Uibheacha sciobáil' 'Uibheacha ó chearca chúbarnaí'
IT 'Uova da allevamento all'aperto' 'Uova da allevamento a terra' 'Uova da allevamento in gabbie'
LV 'Br_v_s tur__anas apst_k_os d_t_s
olas'
'K_t_ d_tas olas' 'Sprostos d_tas olas'
LT 'Laisvai laikom_ vi_t_ kiau_iniai' 'Ant kraiko laikom_ vi_t_
kiau_iniai'
'Narvuose laikom_ vi_t_ kiau_iniai'
HU 'Szabad tartásban termelt tojás' 'Alternatív tartásban termelt tojás' 'Ketreces tartásból származó tojás'
MT 'Bajd tat-ti_ieg imrobbija barra' 'Bajd tat-ti_ie_ imrobbija ma'l-art' 'Bajd tat-ti_ie_ imrobbija filga_e_'
NL 'Eieren van hennen met vrije
uitloop'
'Scharreleieren' 'Kooieieren'
PL 'Jaja z chowu na wolnym
wybiegu'
'Jaja z chowu _ció_kowego' 'Jaja z chowu klatkowego'
PT 'Ovos de galinhas criadas ao ar
livre'
'Ovos de galinhas criadas no solo' 'Ovos de galinhas criadas em
gaiolas'
RO 'Ou_ de g_ini crescute în aer liber' 'Ou_ de g_ini crescute în hale la
sol'
'Ou_ de g_ini crescute în baterii'
SK 'Vajcia z chovu na vo_nom
vy_behu'
'Vajcia z podostie_kového chovu' 'Vajcia z klietkového chovu'
SL 'Jajca iz proste reje' 'Jajca iz hlevske reje' 'Jajca iz baterijske reje'
FI 'Ulkokanojen munia' 'Lattiakanojen munia' 'Häkkikanojen munia'
SV 'Ägg från utehöns' 'Ägg från frigående höns
inomhus'
'Ägg från burhöns'
24.5.2007 EN Official Journal of the European Union L 132/15
PART B
Terms referred to in the fourth subparagraph of Article 12(2)
Code
languages
BG '_________ ______'
ES 'Jaulas acondicionadas'
CS 'Obohacené klece'
DA 'Stimulusberigede bure'
DE 'ausgestalteter Käfig'
ET 'Täiustatud puurid'
EL '______________/_____________ ______'
EN 'Enriched cages'
FR 'Cages aménagées'
GA 'Cásanna Saibhrithe'
IT 'Gabbie attrezzate'
LV 'Uzlaboti b_ri'
LT 'Pagerinti narveliai'
HU 'Feljavított ketrecek'
MT 'Ga__eg arrikkiti'
NL 'Aangepaste kooi' of 'Verrijkte kooi'
PL 'Klatki ulepszone'
PT 'Gaiolas melhoradas'
RO 'Cu_ti îmbun_t__ite'
SK 'Obohatené klietky'
SL 'Obogatene kletke'
FI 'Varustellut häkit'
SV 'Inredd bur'
L 132/16 EN Official Journal of the European Union 24.5.2007
ANNEX II
Minimum requirements for systems of production for the various egg farming methods
1. 'Free-range eggs' must be produced in systems of production which satisfy at least the conditions specified in Article 4
of Directive 1999/74/EC.
In particular, the following conditions must be satisfied:
(a) hens must have continuous daytime access to open-air runs. However, this requirement does not prevent a
producer from restricting access for a limited period of time in the morning hours in accordance with usual
good farming practice, including good animal husbandry practice.
In case of other restrictions, including veterinary restrictions, adopted under Community law to protect public and
animal health, having the effect of restricting access of hens to open-air runs, eggs may continue to be marketed as
'free-range eggs' for the duration of the restriction, but under no circumstances for more than twelve weeks;
(b) open-air runs to which hens have access must be mainly covered with vegetation and not be used for other
purposes except for orchards, woodland and livestock grazing if the latter is authorised by the competent
authorities;
(c) the maximum stocking density of open-air runs must not be greater than 2 500 hens per hectare of ground
available to the hens or one hen per 4 m2 at all times. However, where at least 10 m2 per hen is available and
where rotation is practised and hens are given even access to the whole area over the flock's life, each paddock
used must at any time assure at least 2,5 m2 per hen;
(d) open-air runs must not extend beyond a radius of 150 m from the nearest pophole of the building. However an
extension of up to 350 m from the nearest pophole of the building is permissible provided that a sufficient
number of shelters as referred to in Article 4(1)(3)(b)(ii) of Directive 1999/74/EC are evenly distributed throughout
the whole open-air run with at least four shelters per hectare.
2. 'Barn eggs' must be produced in systems of production which satisfy at least the conditions specified in Article 4 of
Directive 1999/74/EC.
3. 'Eggs from caged hens' must be produced in systems of production which satisfy at least:
- the conditions specified in Article 5 of Directive 1999/74/EC until 31 December 2011, or
- the conditions specified in Article 6 of Directive 1999/74/EC.
4. Member States may authorise derogations from points 1 and 2 of this Annex for establishments with fewer than 350
laying hens or rearing breeding laying hens as regards the obligations referred to in the second sentence of point 1(d)
and points 1(e), 2, 3(a)(i) and 3(b)(i) of Article 4(1) of Directive 1999/74/EC.
24.5.2007 EN Official Journal of the European Union L 132/17
ANNEX III
Regions of Finland referred to in Article 34
The provinces of:
- Lappi,
- Oulu,
- the regions of North Karelia and North Savo of the province of Eastern Finland,
- Åland.
L 132/18 EN Official Journal of the European Union 24.5.2007
ANNEX IV
Correlation table referred to in Article 36
Regulation (EC) No 2295/2003 This Regulation
Article 1 -
Article 2 -
Article 3 Article 5
Article 4 Article 5
Article 5 Article 2(1), (2) and (3)
Article 6 Article 2(4)
Article 7 Article 4
Article 8(1) to (4) Article 6
Article 8(5) Article 8
Article 8(6) -
Article 8(7) Article 11
Article 9 Article 13
Article 10 Article 12(4)(c)
Article 11 -
Article 12 Article 14
Article 13(1) and (3) Article 12
Article 13(2) Article 16
Article 14 Article 15
Article 15 -
Article 16 Article 30
Article 17 Article 12
Article 18 -
Article 19 Article 18
Article 20 Article 14
Article 21 Article 19
Article 22 Article 2(4)
Article 23 -
Article 24 Article 20
Article 25(1), (2) and (3) Article 21
Article 25(4) Article 24
Article 26 Article 23
Article 27 Article 7(2) and Article 22
Article 28 -
Article 29 Article 32
24.5.2007 EN Official Journal of the European Union L 132/19
Regulation (EC) No 2295/2003 This Regulation
Article 30 -
Article 31 -
Article 32 -
Article 33 Article 26
Article 34 Article 27
Article 35 Article 4
Article 36 Article 17
Article 37 -
Article 38 Article 36
Article 39 Article 37
ANNEX I -
ANNEX II ANNEX I
ANNEX III ANNEX II
ANNEX IV Article 15
ANNEX V -
L 132/20 EN Official Journal of the European Union 24.5.2007