‘(a) suitable candling equipment continuously manned throughout and allowing the quality of each egg to be examined separately. Where use is made of an automatic machine for candling, sorting and grading, the equipment must include an independent candling lamp. In the case of automated systems, the competent authority may dispense with continuous manning of the machine;’

(a) Paragraph 1 is replaced by the following:

‘1.  In order to indicate the farming method as referred to in Article 7 and Article 10(3) of Regulation (EEC) No 1907/90 with the exception of organic or biological farming as referred to in Council Regulation (EEC) No 2092/91 ( 9 ), on eggs and on packs containing eggs, no other terms except those set out hereunder and the corresponding terms in the other Community languages listed in Annex II may be used and in any case only if the relevant conditions laid down in Annex III are fulfilled:

On packs	On eggs
Free range eggs	Free range
Barn eggs	Barn
Eggs from caged hens	Cage

These terms may be supplemented by indications referring to the particular characteristics of the respective farming method.

The terms on eggs may be replaced by a code designating the producer's distinguishing number permitting to identify the farming method provided that the meaning of the code is explained on the pack.

In the case of loose sales, the indications of the farming method may be used only if individual eggs are marked at the farm or packing centre with the respective term or the producer code, if the latter permits to identify the farming method, provided that its meaning is explained on a separate sign.

When the Member States have attributed the distinguishing number referred to in Article 7 of Council Directive 1999/74/EC ( 10 ) to producer establishments covered by this Directive no other codes shall be used.

If a Member State decides to attribute distinguishing numbers also for establishments not falling under the scope of Directive 1999/74/EC no other codes shall be used.’

(b) In paragraph 2, the introductory phrase of the first subparagraph is replaced by the following:

‘2.  Packing centres authorised to use the terms referred to in paragraph 1 shall keep a separate record by farming method for at least six months after the producer ceases to supply eggs or after the flock is disposed of:’

(c) Paragraph 4 is replaced by the following:

‘4.  Eggs as referred to in paragraph 1 shall be delivered to packing centres and to food industry undertakings approved in accordance with Directive 89/437/EEC in containers bearing one of the terms referred to in paragraph 1 in one or more Community languages. Containers shall be identified by name and address or registered number of producer, type of eggs, their number or weight and date of dispatch before leaving the production site. The date of delivery and records of all information on containers, and of physical stocks on a weekly basis shall be kept at the packing centre and food industry establishment for a period of at least six months.’

(d) Paragraph 6 is replaced by the following:

‘6.  Packing centres as referred to in paragraph 2 shall keep separate records of daily quality and weight grading and of sales of eggs and small packs marked in accordance with paragraph 1 including the name and address of buyer, number of packs, the number and/or weight of eggs sold by grade of weight and date of delivery as well as of physical stocks on a weekly basis. Instead of keeping sales records, they may, however, keep files of invoices or delivery notes marked as indicated in paragraph 1. Such records and files shall be kept for at least six months.’

(e) In paragraph 6a, the introductory phrase of the first subparagraph is replaced by the following:

‘6a.  Collectors and wholesalers are required to maintain records on purchases and sales transactions and physical stock records for eggs referred to in paragraph 1(a) and (b), for a period of at least six months.’

(f) Paragraph 7a is replaced by the following:

‘7a.  The provisions of paragraphs 2 to 6a do not apply when the term referred to in paragraph 1(c) is used.’

(g) The following paragraph 7b is inserted:

‘7b.  Packs containing eggs destined for food industry undertakings approved in accordance with Directive 89/437/EEC may be marked with the indications referred to in paragraph 1 provided that the eggs are produced in poultry establishments meeting the respective requirements set out in Annex III and that the monitoring measures referred to in paragraphs 2 to 6 are applied.’

1. packing centres which make use of such indications shall keep a detailed record of deliveries, showing the name and address or registered number of the producer, the number or weight of eggs and the date of delivery. The producer shall keep current record of quantity and type of feed supplied and mixed on-site, date of supply and name of feed manufacturer or supplier, the number and age of laying hens, showing also the number of eggs produced and delivered, the date of dispatch, and the names of the purchaser.

These records shall be kept for at least six months after the producer ceases to supply eggs or after the flock is disposed of;

2. feed manufacturers and suppliers shall keep records showing the composition of the feed supplied to the producers referred to in paragraph 1 for at least six months after dispatch;

3. packing centres as referred to in paragraph 1 shall keep separate records of the daily quality and weight grading and sales of small packs and of eggs marked with the terms referred to in paragraph 1, including name and address of the buyer, the number or weight of eggs sold and the date of delivery, as well as of physical stocks on a weekly basis for a period of at least six months.

Instead of keeping sales records, they may however keep files of invoices or delivery notes bearing indications of how laying hens are fed;

4. large packs containing eggs or small packs marked with the indication of how laying hens are fed shall bear the same indications. In the case of loose egg sales, the indications may be used only if individual eggs are marked with the respective terms;

5. inspections regarding compliance with the statements made shall be carried out at the farm and feed manufacturer at least once a year;

6. the provisions of paragraphs 1 to 4 shall apply without prejudice to national technical measures going beyond the minimum requirements set out in Annex IV, which are applicable only to producers of the Member State concerned, provided that they are compatible with Community law and are in conformity with the common marketing standards for eggs;

7. the national measures referred to in paragraph 6 shall be communicated to the Commission;

8. at any time and at the request of the Commission, Member States shall provide all the information necessary for assessing the compatibility of the measures referred to in this Article with Community law and their conformity with the common marketing standards for eggs.’

‘— annually, before 1 April, the average number of laying hens present (1), the number or weight of eggs delivered as recorded in accordance with Article 18(2) and (7)(b) as well as the number or weight of eggs sold as recorded in accordance with Article 18(6), in the previous calendar year.’

— hens have continuous daytime access to open-air runs, except in the case of temporary restrictions imposed by veterinary authorities,

— the open-air runs to which hens have access is mainly covered with vegetation and not used for other purposes except for orchards, woodland and livestock grazing if the latter is authorised by the competent authorities,

— the open-air runs must at least satisfy the conditions specified in Article 4(1)(3)(b)(ii) of Directive 1999/74/EC whereby the maximum stocking density is not greater than 2 500 hens per hectare of ground available to the hens or one hen per 4 m2 at all times and the runs are not extending beyond a radius of 150 m from the nearest pophole of the building; an extension of up to 350 m from the nearest pophole of the building is permissible provided that a sufficient number of shelters and drinking troughs within the meaning of that provision are evenly distributed throughout the whole open-air run with at least four shelters per hectare.

— the conditions specified in Directive 88/166/EEC until 31.12.2002,

— the conditions specified in Article 5 of Directive 1999/74/EC as from 1.1.2003 until 31.12.2011, or

— the conditions specified in Article 6 of Directive 1999/74/EC as from 1.1.2002.’