(1)

Marketing standards for eggs can contribute to the improvement in the quality of eggs and, consequently, facilitate their sale. It is therefore in the interest of producers, traders and consumers that marketing standards are applied in respect of eggs.

(2)

The experience gained from the application of Council Regulation (EEC) No 1907/90 of 26 June 1990 on certain marketing standards for eggs (2) has made apparent the need for further amendments and simplification. Regulation (EEC) No 1907/90 should therefore be repealed and replaced by a new Regulation.

(3)

The standards should in principle be applicable to all eggs of hens of the species Gallus gallus marketed in the Community. Nevertheless, it appears advisable to give to the Member States the possibility to exempt from the application of those standards eggs sold through certain forms of direct sale from the producer to the final consumer where small quantities are involved.

(4)

A clear distinction should be drawn between eggs suitable for direct human consumption and eggs not suitable for direct human consumption, which are for use in the food or non-food industry. Two quality classes of eggs, Class A and Class B, should therefore be distinguished.

(5)

It should be possible for the consumer to distinguish between eggs of different quality and weight grades and to identify the farming method used in accordance with 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). This requirement should be met by marking eggs and packs.

(6)

Class A eggs should be marked with the distinguishing number of the producer as provided for in Directive 2002/4/EC in order to enable the tracing of eggs placed on the market for human consumption. Class B eggs should also be marked in order to prevent fraudulent practices. However, it should also be possible for Class B eggs to be marked with an indication other than the producer code as long as it allows for the distinction between different quality gradings. In accordance with the principle of proportionality, the Member States should be allowed to provide for derogations where class B eggs are marketed exclusively on their territory.

(7)

In order to prevent fraudulent practices, eggs should be marked as early as possible after laying.

(8)

Packing centres that are approved in accordance with 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) should grade eggs by quality and weight. Packing centres working exclusively for the food and non-food industry should not be required to grade eggs by weight.

(9)

In order to make sure that packing centres are adequately equipped to grade eggs and pack Class A eggs, they should also be authorised by the competent authorities and receive a packing centre code that facilitates the tracing of eggs placed on the market.

(10)

It is essential, in the interest of both producers and consumers, that eggs imported from third countries comply with Community standards. However, special provisions in force in certain third countries may justify derogations from those standards if the equivalence of legislation is guaranteed.

(11)

Member States should designate the inspection services responsible for supervising this Regulation. The procedures for such supervision should be uniform.

(12)

Member States should lay down rules on penalties applicable to infringements of the provisions of this Regulation.

(13)

The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (5),

1.

‘eggs’ means eggs in shell — other than broken, incubated or cooked eggs — that are produced by hens of the species Gallus gallus and are fit for direct human consumption or for the preparation of egg products;

2.

‘broken eggs’ means eggs showing breaks of both the shell and the membranes, resulting in the exposure of their contents;

3.

‘incubated eggs’ means eggs from the time of insertion in the incubator onwards;

4.

‘marketing’ means holding eggs for the purpose of sale, including offering for sale, storage, packing, labelling, delivery, or any other form of transfer, whether free of charge or not;

5.

‘operator’ means a producer and any other natural or legal person involved in the marketing of eggs;

6.

‘production site’ means an establishment keeping laying hens registered in accordance with Directive 2002/4/EC;

7.

‘packing centre’ means a packing centre within the meaning of Regulation (EC) No 853/2004 that is authorised according to Article 5(2) of this Regulation and where eggs are graded by quality and weight;

8.

‘final consumer’ means the ultimate consumer of a foodstuff who will not use the food as part of any food business operation or activity;

9.

‘producer code’ means the distinguishing number of the production site according to point 2 of the Annex to Directive 2002/4/EC.

1.

frequency of collection, delivery, preservation and handling of eggs;

2.

quality criteria, in particular the appearance of the shell, the consistency of the white and the yolk and the height of the air space;

3.

weight grading, including exceptions;

4.

marking of eggs and indications on packs, including further exceptions;

5.

checks;

6.

trade with third countries;

7.

communications referred to in Article 9;

8.

farming methods;

9.

records and keeping of registers.