Council Regulation (EEC) No 1907/90 of 26 June 1990 on certain marketing standards for eggs
Modified by
Council Regulation (EEC) No 2617/93of 21 September 1993amending Regulation (EEC) No 1907/90 on certain marketing standards on eggs, 393R2617, September 25, 1993
Council Regulation (EC) No 3117/94of 12 December 1994amending Regulation (EEC) No 1907/90 on certain marketing standards for eggs, 394R3117, December 21, 1994
Council Regulation (EC) No 818/96of 29 April 1996amending Regulation (EEC) No 1907/90 on certain marketing standards for eggs, 396R0818, May 4, 1996
Council Regulation (EC) No 5/2001of 19 December 2000amending Regulation (EEC) No 1907/90 on certain marketing standards for eggs, 301R0005, January 5, 2001
Council Regulation (EC) No 2052/2003of 17 November 2003amending Regulation (EEC) No 1907/90 on certain marketing standards for eggs, 303R2052, November 22, 2003
Council Regulation (EC) No 1039/2005of 21 June 2005amending Regulation (EEC) No 1907/90 as regards the marking of eggs, 305R1039, July 5, 2005
Corrected by
Corrigendum to Council Regulation (EEC) No 1907/90 of 26 June 1990 on certain marketing standards for eggs, 390R1907R(02), July 26, 1990
Council Regulation (EEC) No 1907/90of 26 June 1990on certain marketing standards for eggsTHE COUNCIL OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Economic Community,Having regard to Council Regulation (EEC) No 2771/75 of 29 October 1975 on the common organization of the market in eggsOJ No L 282, 1. 11. 1975, p. 49., as last amended by Regulation (EEC) No 1235/89OJ No L 128, 11. 5. 1989, p. 29., and in particular Article 2 (2) thereof,Having regard to the proposal from the Commission,Whereas Regulation (EEC) No 2771/75 provides for the setting of marketing standards which may relate in particular to grading by quality and weight, packing, warehousing, transport, presentation and marking of eggs;Whereas such standards can contribute to an improvement in the quality of eggs and, consequently, facilitate their sale: whereas it is therefore in the interest of producers, traders and consumers that marketing standards should be applied in respect of hen eggs suitable for human consumption;Whereas Regulation (EEC) No 2772/75OJ No L 282, 1. 11. 1975, p. 56. laid down certain marketing standards for eggs; whereas those standards need to be reviewed regularly in order to provide better guarantees and more accurate information to the ultimate consumer of eggs, in particular in the light of evolving trade practices;Whereas experience with the existing standards and consultation of both trade and consumers' representative organizations have made apparent the need for further amendments and for certain detailed rules to be adopted in accordance with Article 17 of Regulation (EEC) No 2771/75 in order to facilitate future amendments;Whereas in order to fix such standards a clear distinction must be drawn between eggs suitable for human consumption and eggs, in particular broken or incubated eggs, which are not, and which, in principle, are for use in industries other than the food industry; whereas such rules also require that eggs of other kinds should not be mixed with hen eggs;Whereas the standards must be applicable to all hen eggs marketed on the territory of the Community; whereas it nonetheless seems advisable to exclude from the scope of their application certain forms of sale from producer to consumer where small quantities are involved; whereas, moreover eggs delivered from the place of production to a packing centre or to certain wholesale markets and eggs intended for use in the food industry should be exempted from grading and marking;Whereas, therefore, a list should be drawn up of suppliers to undertakings entitled to grade eggs by quality and weight;Whereas the grading of eggs should be confined solely to undertakings which are adequately equipped for the purpose;Whereas the quality requirements for eggs must be easy for consumers to undertand and must be in keeping with the efforts at rationalization made at all stages of distribution; whereas, therefore, a limited but adequate number of quality and weight grades should be laid down;Whereas the consumer must be able to distinguish between eggs of different quality and weight grades; whereas this requirement can be met by marking the eggs and packs;Whereas it is necessary to determine the indications that may or must be used on packs; whereas the use of certain optional indications must be subject to detailed rules to be adopted in accordance with the procedure laid down in Article 17 of Regulation (EEC) No 2771/75;Whereas the marking of "fresh eggs" can be optional, since the obligatory marking of other eggs enables them to be easily distinguished;Whereas anyone marketing "fresh eggs" should be permitted to stamp such eggs with other particulars serving publicity purposes;Whereas it is desirable that operators should be permitted to stamp certain indications already provided for in the case of small packs directly on eggs; whereas the use of these indications should be made subject to conditions analogous to those provided for in the case of packs, as well as to rigorous surveillance; whereas in the case of eggs intended for loose sales, the grading date should replace the packing date;Whereas any other markings might affect trading conditions in the Community;Whereas the definitions laid down in previous Community Regulations relating to the packaging and manner of presentation for sale of eggs need to be drafted more strictly; whereas it has become essential to provide the necessary safeguards for the retail sale of eggs without special packaging;Whereas experience has demonstrated that the present provisions only allowing the use of the recommended date for sale in addition to the obligatory packing date on eggs or their packaging are too inflexible; whereas provision therefore needs to be made for the possibility of using certain other dates under appropriate conditions; whereas present practice shows that the indication of the packing period can be dispensed with;Whereas such common provisions should be adopted for packing as will ensure that the quality of the eggs is maintained and will facilitate trade and the supervision of compliance with standards;Whereas in order to leave a choice open to the consumer and to ensure that he is offered goods complying with quality and weight standards, retailers must display the appropriate information either on the goods offered or beside them;Whereas it is essential, in the interests of both producer and consumer, that eggs imported from third countries should comply with Community standards;Whereas special provisions in force in certain third countries may justify derogations which in such cases allow exportation outside the Community; whereas it seems appropriate to exclude from the scope of Community standards eggs imported from third countries or exported to third countries in small quantities, by the consumer for his personal use;Whereas it is for each Member State to designate the agency or agencies responsible for supervision; whereas the procedures for such supervision must be uniform;Whereas it is also for each Member State to lay down penalties for infringements;Whereas the provisions of this Regulation are without prejudice to any Community provisions which may be adopted in order to harmonize the provisions of veterinary and foodstuffs legislation aimed at protecting the health of people and animals and at preventing falsification and fraud;Whereas, given the above substantive amendments and the need for a number of other purely textual amendments to Regulation (EEC) No 2772/75, it is advisable for the sake of clarity to re-draft the legislation applicable in this field;Whereas, therefore, Regulation (EEC) No 2772/75 may be repealed,HAS ADOPTED THIS REGULATION: