Commission Regulation (EC) No 1651/2001 of 14 August 2001 amending Regulation (EEC) No 1274/91 introducing detailed rules for implementing Council Regulation (EEC) No 1907/90 on certain marketing standards for eggs

• Coming into Force: 18 August 2001,01 January 2002
• End of Effective Date: 26 December 2003
• Celex Number: 32001R1651
• ELI: http://data.europa.eu/eli/reg/2001/1651/oj
• Published date: 15 August 2001
• Date: 14 August 2001
• Official Gazette Publication: Official Journal of the European Communities, L 220, 15 August 2001

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32001R1651

Commission Regulation (EC) No 1651/2001 of 14 August 2001 amending Regulation (EEC) No 1274/91 introducing detailed rules for implementing Council Regulation (EEC) No 1907/90 on certain marketing standards for eggs

Official Journal L 220 , 15/08/2001 P. 0005 - 0011

Commission Regulation (EC) No 1651/2001

of 14 August 2001

amending Regulation (EEC) No 1274/91 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), as last amended by Regulation (EC) No 5/2001(2), and in particular Article 10(3) and Article 20(1) and (4) thereof,

Whereas:

(1) Commission Regulation (EEC) No 1274/91(3), as last amended by Regulation (EC) No 505/98(4), lays down the necessary provisions for the implementation of marketing standards in the egg sector.

(2) In order to improve the traceability of eggs and the accuracy of date indications by packing centres, provisions to identify deliveries of eggs from producers to packing centres should be reinforced in particular regarding the indication of the laying date or laying period on the container at the production site as well as for the dispatch of ungraded eggs between packing stations.

(3) In the case of automated egg-candling systems, it is appropriate to authorise Member States to dispense with continuous manning of the machine.

(4) In order to ensure adherence to the existing weight grades comprising weight ranges of 10 g, rules should be reinforced to prevent splitting weight grades into two bands using different pack colours or symbols with different price structure, thus undermining orderly marketing and clear information of consumers.

(5) Experience has shown that it is not necessary to link the derogation permitting the delivery of non-packed eggs in small quantities directly from packer to retailer to the distance of delivery. The obligation to indicate the grading date must be replaced by the indication of the best-before date which is the compulsory date to be shown.

(6) The definitions of the date of minimum durability and of the recommended sell-by date should be clarified and be linked to the maximum time limit of 21 days after laying for the delivery of eggs to the consumer laid down in Council Decision 94/371/EC of 20 June 1994 laying down specific public health conditions for the putting of the market of certain types of eggs(5), which implies a maximum of not more than 28 days after laying for the date of minimum durability.

(7) Based on the experience gained and following the adoption of Council Directive 1999/74/EC of 19 July 1999 laying down minimum standards for the protection of laying hens(6), the detailed provisions regarding the optional indication of the various farming methods should be adapted with a view to reducing the number of such methods and to redefine the terms which may be used in the different Community languages in particular for the keeping of hens in battery cages. Furthermore, the minimum requirements to be met by poultry establishments for the various farming methods should be brought in line with the provisions of Directive 1999/74/EC although certain additional criteria should be laid down for free range eggs in order to prevent abuse of open-air runs. It is also necessary to provide for more detailed rules regarding record keeping by operators in order to improve monitoring of product flow. Finally optional indication of farming methods should be extended to cover eggs for processing in order to promote the marketing of egg products manufactured from eggs of different types and their control.

(8) For the optional indication of eggs and their packs of how laying hens are fed, detailed rules must be laid down including in particular provisions which allow to monitor the flow of eggs produced from hens which are fed on a specific type of feed. These rules should provide for minimum rates for the incorporation of cereals when reference is made to their use in the feed of laying hens for which Member States may fix stricter requirements applicable only to producers of the Member State concerned and not impeding exchange of eggs in the Community. Supervision of these rules may also be delegated to bodies which are independent of producers and which should be allowed to recover the costs of controls from operators making use of the indications of how hens are fed and of the farming method in view of the optional character of these indications.

(9) Article 28 of Regulation (EEC) No 1274/91 provides that in the case of sales to the ultimate consumer the forms of wording for use on eggs and packs are to be expressed in a language or languages easily understood by purchasers in the Member State in which retailing takes place. This provision should be repealed as Article 16 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(7) applies.

(10) It is therefore...