Commission Regulation (EC) No 2295/2003 (repealed)Show full title

CHAPTER I U.K. COLLECTION OF EGGS AND EGG-PACKING CENTRES

Article 1 U.K. Collection of eggs

1. Eggs which are to be stamped with the date of laying or which are intended for marketing as ‘extra’ grade shall be delivered by the producer exclusively to packing centres or collected from the producer by the packing centre in the following way:

(a) on the actual day of laying, for eggs which are to be marked with the laying date under Article 12;

(b) each working day, for eggs intended for marketing as ‘extra’ under Article 12 of Regulation (EEC) No 1907/90;

(c) every other working day, for eggs kept on the farm at an ambient temperature artificially maintained at less than 18 °C.

2. Eggs not covered by paragraph 1 of this Article shall be delivered by producers to, or collected from producers by, the establishments referred to in Article 4(1)(a) of Regulation (EEC) No 1907/90 in the following way:

(a) every third working day;

(b) once a week, for eggs kept on the farm at an ambient temperature artificially maintained at less than 18 °C.

[F1 3. All collectors shall deliver eggs to establishments other than collectors, as referred to in Article 4(1)(a) of Regulation (EEC) No 1907/90, not later than the working day following that of reception.]

4. Before leaving the production site, each container shall be identified by:

(a) the name, address and distinguishing number of the production establishment as provided for in Directive 2002/4/EC, hereinafter called the ‘distinguishing number of the producer’;

(b) the number of eggs or their weight;

(c) the laying date or period;

(d) the date of dispatch.

This information shall be shown on the container and on accompanying documents; these documents shall be kept by the packing centre for at least six months.

In the case of packing centres supplied with unpacked eggs from their own production units, situated at the same site, identification on containers may take place at the packing centre.

Textual Amendments

F1 Substituted by Commission Regulation (EC) No 1515/2004 of 26 August 2004 amending Regulation (EC) No 2295/2003 introducing detailed rules for implementing Council Regulation (EEC) No 1907/90 on certain marketing standards for eggs.

EGG-PACKING CENTRES U.K.

Article 2 U.K. Activities of packing centres

[F1 1. Packing centres shall grade and mark eggs at the latest on the second working day following that on which the eggs were received at the packing centre. They shall have one additional working day for packing them and marking the packs.

The first subparagraph shall not apply where eggs received from producers are delivered, after marking in accordance with Article 8(6), to a second packing centre to be graded by quality and weight and packed and for the packs to be marked. In such cases, the eggs must be delivered to the second packing centre no later than the working day following that on which they were received by the first. The eggs shall be graded no later than the working day following their reception by the second packing centre. The second packing centre shall have one additional working day for packing the eggs and marking the packs.

Where the first packing centre delivers the eggs to a second packing centre after having marked them and graded them by quality and weight, the second centre shall pack the eggs and mark the packs within one working day following their reception.

Article 1(4) shall apply to deliveries as referred to in the second and third subparagraphs. In cases as referred to in the third subparagraph, each container shall also show the weight grade and quality of the eggs.]

2. Where the laying date is to be indicated on eggs which are supplied by production units situated at the same site as the packing centre and which are not packed in containers, the eggs shall be graded and packed on the date of laying or, if the laying date falls on a non-working day, on the first subsequent working day.

Textual Amendments

F1 Substituted by Commission Regulation (EC) No 1515/2004 of 26 August 2004 amending Regulation (EC) No 2295/2003 introducing detailed rules for implementing Council Regulation (EEC) No 1907/90 on certain marketing standards for eggs.

Article 3 U.K. Requirements for approval

[F1 1. Only undertakings and producers satisfying the conditions laid down in paragraphs 2, 3 and 4 of this Article shall be approved as packing centres within the meaning of Article 5 of Regulation (EEC) No 1907/90 or registered as collectors.]

2. The premises of collectors and packing centres shall be:

(a) of an area suited to the scale of their operations;

(b) so built and equipped that:

• (b) they afford suitable ventilation and lighting,

• they may be properly cleaned and disinfected,

• the eggs are protected from wide fluctuations in outside temperature;

(c) reserved for handling and storing eggs; however, a part of the premises may be used for storing other products on condition that these cannot impart extraneous odours to the eggs.

3. The technical equipment of packing centres shall ensure proper handling of the eggs and include in particular:

(a) suitable candling equipment continuously staffed throughout and allowing the quality of each egg to be examined separately;

(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 stamping eggs, where use is made of Articles 7 and 8 of Regulation (EEC) No 1907/90.

Where use is made of an automatic machine for candling as referred to at (a) in the first subparagraph, sorting and grading, the equipment must include an independent candling lamp. In the case of such automated systems, the competent authority of the Member State may waive the requirement that the machine be continually staffed, provided a quality control arrangement based on sampling is set up for the eggs dispatched.

4. The premises and technical equipment shall be kept clean and in good repair and be free of extraneous odours.

Textual Amendments

F1 Substituted by Commission Regulation (EC) No 1515/2004 of 26 August 2004 amending Regulation (EC) No 2295/2003 introducing detailed rules for implementing Council Regulation (EEC) No 1907/90 on certain marketing standards for eggs.

Article 4 U.K. Grant of approval

[F1 1. Any request for approval of a packing centre or registration of a collector must be submitted to the competent authority of the Member State on whose territory the premises of the collector or centre are situated.]

2. [F1 The competent authority shall allot the packing centre a distinguishing approval number with an initial code as follows:]

BE	Belgium	AT	Austria	CZ	Czech Republic
DK	Denmark	PT	Portugal	EE	Estonia
DE	Germany	FI	Finland	CY	Cyprus
GR	Greece	SE	Sweden	LV	Latvia
ES	Spain	UK	United Kingdom	LT	Lithuania
FR	France			HU	Hungary
IE	Ireland			MT	Malta
IT	Italy			PL	Poland
LU	Luxembourg			SI	Slovenia
NL	Netherlands			SK	Slovakia

3. Only specially approved packing centres may be authorised to pack grade A eggs marked ‘extra’ or to indicate the laying date in accordance with Article 12.

[F2 4. The competent authorities shall register separately undertakings which act only as collectors, in accordance with Article 4(2) of 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 (1) .]

Textual Amendments

F1 Substituted by Commission Regulation (EC) No 1515/2004 of 26 August 2004 amending Regulation (EC) No 2295/2003 introducing detailed rules for implementing Council Regulation (EEC) No 1907/90 on certain marketing standards for eggs.

F2 Inserted by Commission Regulation (EC) No 1515/2004 of 26 August 2004 amending Regulation (EC) No 2295/2003 introducing detailed rules for implementing Council Regulation (EEC) No 1907/90 on certain marketing standards for eggs.

CHAPTER II U.K. GRADES OF EGGS

Article 5 U.K. Characteristics of grade A eggs

1. Grade A eggs shall have the following minimum characteristics:

— shell and cuticle:	normal, clean, undamaged
— air space:	height not exceeding 6 mm, stationary; however, for eggs to be marketed as ‘extra’ it may not exceed 4 mm;
— white:	clear, limpid, of gelatinous consistency, free of extraneous matter of any kind;
— yolk:	visible on candling as a shadow only, without clearly discernible outline, not moving appreciably away from the centre of the egg on rotation, free of extraneous matter of any kind;
— germ cell:	imperceptible development;
— odour:	free of extraneous odours

2. Grade A eggs shall not be washed, or cleaned by any other means, before or after grading.

Accordingly, eggs washed in accordance with Article 6(4) of Regulation (EEC) No 1907/90, even where they fulfil the criteria applicable to grade A eggs, may not be marketed as grade A eggs and must be marked ‘washed eggs’.

3. Grade 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 of not more than 24 hours or on retail premises or in annexes thereto shall not be considered as chilled, provided the quantity stored in these annexes does not exceed the requirements for three days of retail sale on the premises in question.

Accordingly, eggs chilled in accordance with Article 6(5) of Regulation (EEC) No 1907/90 may not be marketed as grade A eggs, even where they fulfil the criteria applicable to grade A eggs. They shall be marketed as ‘chilled eggs’.

Article 6 U.K. Grade B eggs

Grade B eggs shall be eggs which do not meet the requirements applicable to eggs in grade A. They may be passed only to food industry undertakings approved in accordance with Article 6 of Directive 89/437/EEC or to non-food industry undertakings.

Article 7 U.K. Grading of grade A eggs

1. Grade A eggs and ‘washed eggs’ shall be graded by weight as follows:

— XL-very large:	73 g and more,
— L-large:	from 63 g up to 73 g,
— M-medium:	from 53 g up to 63 g,
— S-small:	under 53 g.

2. On packs 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. No subdivision of the weight ranges referred to in paragraph 1 may be made using different pack colours, symbols, trademarks or other indications.

[F1 3. Where grade A eggs or washed eggs of different sizes are packed together in the same pack in accordance with Article 13(3) of Regulation (EEC) No 1907/90, the total net weight of the eggs shall be given in grams and the indication ‘ Eggs of different sizes ’ or equivalent terms shall appear.

The total net weight referred to in the first subparagraph shall take account of the physiological loss of weight by the eggs during storage and shall correspond to at least the total net weight of the eggs when they are sold to the end consumer.]

[F1 4. Where grade A eggs are delivered under this denomination to food industry undertakings approved in accordance with Directive 89/437/EEC, weight grading shall not be compulsory and delivery shall take place in accordance with the conditions laid down in Article 1(4), with an additional indication on the container stating ‘ Grade A eggs ’ .]

Textual Amendments

F1 Substituted by Commission Regulation (EC) No 1515/2004 of 26 August 2004 amending Regulation (EC) No 2295/2003 introducing detailed rules for implementing Council Regulation (EEC) No 1907/90 on certain marketing standards for eggs.

CHAPTER III U.K. MARKING OF EGGS AND EGG PACKAGES

SECTION 1 U.K. Rules applicable to the Community market

Article 8 U.K. General provisions on marking

1. [F1 The markings provided for in Article 7 and Article 10(1) and (2)(c) of Regulation (EEC) No 1907/90 shall be applied no later than the day of grading and the day of packing, respectively.]

However, the marks indicating the distinguishing number of the producer, the laying date, how the laying hens are fed and the regional origin of the eggs may be stamped on by the producer.

2. The marks stamped on eggs and applied to packaging shall be clearly visible and legible, in accordance with Articles 7 to 10 of Regulation (EEC) No 1907/90.

The product used for stamping must comply with the provisions in force regarding colouring matters which may be used in foodstuffs intended for human consumption.

[F1 3. The distinguishing marks for grade A eggs and eggs fulfilling the criteria applicable to grade A eggs and marketed as ‘ washed eggs ’ or ‘ chilled eggs ’ , shall consist of:

(a) the grade A distinguishing mark, which shall be a circle of at least 12 mm in diameter around the distinguishing mark for the weight grade consisting of the letter or letters indicated in Article 7(1) of this Regulation, at least 2 mm high, in the case of eggs marketed as grade A eggs;

(b) the distinguishing mark for ‘ washed eggs ’ , which shall be the word ‘ tvättat ’ or ‘ gewassen ’ in letters at least 2 mm high, in the case of eggs marketed as ‘ washed eggs ’ in accordance with Article 5(2);

(c) the distinguishing mark for ‘ chilled eggs ’ , which shall be an equilateral triangle of at least 10 mm along the sides, in the case of eggs marketed as ‘ chilled eggs ’ in accordance with Article 5(3);

(d) the distinguishing number of the producer, consisting of the codes and letters provided for in Directive 2002/4/EC, at least 2 mm high;

(e) the packing centre number in letters and figures at least 2 mm high;

(f) the dates, shown in letters and figures at least 2 mm high, in accordance with the terms given in Annex I, indicating the day and month as defined in Article 9 of this Regulation.]

4. The grade B distinguishing mark shall be a circle at least 12 mm in diameter around the letter B at least 5 mm high.

[ F3 . . . . .]

[F1 5. Where eggs are delivered by a producer to a packing centre situated in another Member State, they shall be stamped with the distinguishing number of the producer before leaving the production site.

However, where the producer and the packing centre have signed an exclusive delivery contract for operations subcontracted in that Member State requiring them to carry out marking in accordance with this Article, the Member State on whose territory the production site is situated may grant an exception to this requirement, at the request of the operators and with the prior agreement of the Member State where the packing centre is situated. In such cases, a copy of the original contract, certified by the operators, shall accompany the consignment. The inspection authorities referred to in Article 29(2)(e) shall be informed that an exception has been granted.

The Member States shall determine the minimum duration of delivery contracts as referred to in the second subparagraph, which may not be less than one month.]

[F2 6. Where ungraded eggs are transferred from one packing centre to another, the eggs shall be stamped with the distinguishing number of the producer before leaving the first packing centre.]

[F2 7. Where eggs are delivered to industry and marking is not compulsory because they are intended for processing in accordance with Article 2(2)(a) and (b) of Regulation (EC) No 1907/90, they may be exempted from the marking requirements only if the eggs are delivered:

• by the industrial undertaking itself, in the form of direct collection from its habitual suppliers,

• under the full responsibility of the industrial undertaking, which accordingly undertakes to use the eggs only for processing.

In cases not covered by the previous subparagraph, the eggs shall be marked in accordance with paragraphs 3, 4 and 5.]

Textual Amendments

F1 Substituted by Commission Regulation (EC) No 1515/2004 of 26 August 2004 amending Regulation (EC) No 2295/2003 introducing detailed rules for implementing Council Regulation (EEC) No 1907/90 on certain marketing standards for eggs.

F2 Inserted by Commission Regulation (EC) No 1515/2004 of 26 August 2004 amending Regulation (EC) No 2295/2003 introducing detailed rules for implementing Council Regulation (EEC) No 1907/90 on certain marketing standards for eggs.

F3 Deleted by Commission Regulation (EC) No 1515/2004 of 26 August 2004 amending Regulation (EC) No 2295/2003 introducing detailed rules for implementing Council Regulation (EEC) No 1907/90 on certain marketing standards for eggs.

Article 9 U.K. Indication of the date of minimum durability

1. The date of minimum durability referred to in Article 10(1)(e) of Regulation (EEC) No 1907/90 shall be marked at the time of packing in accordance with Article 9(2) of Directive 2000/13/EC of the European Parliament and of the Council(2) and shall comprise one or more of the terms set out in point 1 of Annex I.

To that end, the date shall be shown in accordance with Article 9(4) of Directive 2000/13/EC in the order and according to the rules set out below:

(a) the day, expressed in numbers from 1 to 31,

(b) the month, expressed in numbers from 1 to 12 or up to four letters of the alphabet.

2. The date of minimum durability shall be the date up to which grade A eggs or washed eggs retain the characteristics described in Article 5(1) when properly stored. It shall be fixed at not more than 28 days after laying. Where a period of laying is indicated in accordance with Article 1(4)(c), the date of minimum durability shall be determined from the first day of that period.

3. Large packs, and small packs even when contained in large packs, shall bear on the outer surface in clearly visible and legible type an indication advising consumers to keep eggs chilled after purchase.

4. In the case of loose egg sales, an indication equivalent to that referred to in paragraph 2 shall be applied in such a manner as to be clearly visible and unequivocal to the consumer.

[F2 5. In the case of chilled eggs intended for retail sale in the French overseas departments, the date of minimum durability may not be more than 40 days after the laying date.]

Textual Amendments

F2 Inserted by Commission Regulation (EC) No 1515/2004 of 26 August 2004 amending Regulation (EC) No 2295/2003 introducing detailed rules for implementing Council Regulation (EEC) No 1907/90 on certain marketing standards for eggs.

[X1 Article 10 U.K. Indication of the packing date

The indication of the packing date referred to in Article 10(1)(f) of Regulation (EEC) No 1907/90 shall comprise one or more of the terms set out in point 2 of Annex I to this Regulation, followed by the two sets of numbers or letters referred to in the second subparagraph of Article 9(1) of this Regulation.]

Editorial Information

X1 Substituted by Corrigendum to 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 (Official Journal of the European Union L 340 of 24 December 2003).

Article 11 U.K. Recommended sell-by date

1. In addition to the date of minimum durability and/or the packing date, the recommended sell-by date may be marked by the operator at the time of packing on the eggs or on the packs containing them or on both.

2. The recommended sell-by date shall not exceed the maximum time limit of 21 days after laying in accordance with Article 3(1) of Council Decision 94/371/EC(3).

However, in the case of chilled eggs dispatched to the French overseas departments and intended for retail sale there in accordance with Article 6(5) of Regulation (EEC) No 1907/90 the recommended sell-by date may be extended to [F1 33] days.

3. Where a period of laying is indicated in accordance with Article 1(4)(c), the recommended sell-by date shall be determined from the first day of that period.

4. For the marking of the dates referred to in this Article on eggs and packs, one or more of the terms set out in Annex I shall be used.

5. The dates referred to in this Article shall be indicated in accordance with the second subparagraph of Article 9(1).

Textual Amendments

F1 Substituted by Commission Regulation (EC) No 1515/2004 of 26 August 2004 amending Regulation (EC) No 2295/2003 introducing detailed rules for implementing Council Regulation (EEC) No 1907/90 on certain marketing standards for eggs.

Article 12 U.K. Indication of the laying date

1. The laying date may be marked on packs by the operator at the time of packing. In this case, the laying date shall also be marked on the eggs contained in the packs.

Where the laying date is indicated, the rules laid down in paragraphs 2, 3 and 4 of this Article shall apply.

2. Where eggs are supplied to a packing centre in containers, all the eggs in one container to be marked with the laying date shall be graded and packed without interruption. The laying date shall be stamped on the eggs during or immediately after grading.

[F1 3. Where a packing centre is supplied from its own production units situated at the same site with eggs which are not in containers, the eggs must be stamped with the laying date on the day they are laid.

However, eggs laid on non-working days may be stamped on the first subsequent working day, together with the eggs laid on that day, with the date of the first non-working day.]

4. If the packing centres are also supplied with eggs from external producers on which it is not intended to indicate the laying date, these eggs shall be stored and handled separately.

Textual Amendments

F1 Substituted by Commission Regulation (EC) No 1515/2004 of 26 August 2004 amending Regulation (EC) No 2295/2003 introducing detailed rules for implementing Council Regulation (EEC) No 1907/90 on certain marketing standards for eggs.

Article 13 U.K. Indication of poultry rearing methods

1. Where eggs and egg packs are to be marked with:

• [F1 the poultry-rearing method as referred to in Article 7 and Article 10(1) of Regulation (EEC) No 1907/90, using only the codes listed in point 2.1 of the Annex to Directive 2002/4/EC and the terms set out in Annex II to this Regulation, and in any case only if the relevant conditions laid down in Annex III are fulfilled,]

• the organic poultry rearing method provided for in Regulation (EEC) No 2092/91, only the code in point 2.1 of the Annex to Directive 2002/4/EC and the terms set out in Article 2 of Regulation (EEC) No 2092/91 may be used.

The terms set out in Annex II may be supplemented by indications referring to the particular characteristics of the respective rearing method.

On eggs, these terms may be added to the distinguishing number of the producer.

[F1 2. The meaning of the distinguishing number of the producer shall be explained on a separate notice in the case of eggs sold loose and on or in the pack in the case of packed eggs.]

3. Packs containing eggs destined for food industry undertakings approved in accordance with Directive 89/437/EEC may be marked with the indications set out in Annex II provided that the eggs are produced in poultry establishments meeting the corresponding requirements as laid down in Annex III.

4. Paragraph 1 shall apply without prejudice to national technical measures going beyond the minimum requirements laid down in Annex III, which may apply only to producers of the Member State concerned and provided that they are compatible with Community law and in conformity with the common marketing standards for eggs.

Textual Amendments

F1 Substituted by Commission Regulation (EC) No 1515/2004 of 26 August 2004 amending Regulation (EC) No 2295/2003 introducing detailed rules for implementing Council Regulation (EEC) No 1907/90 on certain marketing standards for eggs.

Article 14 U.K. Indication of how laying hens are fed

1. Where grade A eggs and ‘washed eggs’ and their packaging bear an indication of how the laying hens are fed, the minimum requirements laid down in Annex IV shall apply.

2. Large packs containing eggs and 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 correspondingly marked.

3. Paragraph 2 shall apply without prejudice to national technical measures going beyond the minimum requirements laid down in Annex IV, which may apply only to producers of the Member State concerned and provided that they are compatible with Community law and in conformity with the common marketing standards for eggs.

Article 15 U.K. Indication of the origin of eggs

1. Packs of grade A eggs and ‘washed eggs’ may indicate the origin of the eggs or bear the words: ‘origin of the eggs: see code on the egg’.

2. In order to indicate the origin of grade A eggs, washed eggs or small packs containing such eggs in accordance with Article 10(3) of Regulation (EEC) No 1907/90, terms or symbols may be used which refer to the Member State or to an administrative or other region defined by the competent authority of the Member State in which the eggs are produced.

In the case of loose egg sales these indications of the origin of eggs may be used only if individual eggs are marked with the corresponding terms or symbols.

3. Large packs containing eggs or small packs marked with the terms or symbols referred to in paragraph 2 shall bear the same terms or symbols.

SECTION 2 U.K. Marking of imported eggs

Article 16 U.K. Indications on imported eggs

[F1 1. Grade A eggs, except for organic eggs, imported from Norway and organic eggs imported under Article 11 of Regulation (EEC) No 2092/91 shall be stamped in the country of origin with the distinguishing number of the producer on the same terms and conditions as laid down in Article 8 of this Regulation.

2. Grade A eggs imported from third countries other than those referred to in paragraph 1 shall be clearly and legibly stamped in the country of origin with the ISO code of the country of origin preceded by: ‘ non-EC standards ’ .]

3. Packs of grade A eggs imported from third countries shall meet the requirements laid down in Article 15 of Regulation (EEC) No 1907/90.

The indication of the date of minimum durability and the packing date referred to in Article 15 of Regulation (EEC) No 1907/90 shall comprise one or more of the terms set out in point 2 of Annex I to this Regulation, followed by the two sets of numbers or letters referred to in the second subparagraph of Article 9(1).

4. [F1 The type of poultry rearing shall be indicated on packs of grade A eggs, except organic eggs, imported from Norway and on packs of organic eggs imported under Article 11 of Regulation (EEC) No 2092/91, on the same terms and conditions as laid down in Article 13 of this Regulation.]

On packs of grade A eggs imported from third countries other than those referred to in the first subparagraph, the poultry rearing method shall be indicated as ‘rearing method unspecified’.

5. Bands and labels shall be fixed on packages and eggs shall be regraded and repackaged on the same terms and conditions as those laid down in Chapter IV of this Regulation for the Member States.

[F2 6. Eggs, other than grade A eggs, imported from third countries shall be exempt from the stamping requirement. However, such eggs may be delivered to industry only provided that their final destination with a view to processing is checked in accordance with the procedure provided for in Article 296 of Regulation (EC) No 2454/93 (4) . In such cases, box 104 of the control copy T5 shall contain one of the entries set out in Annex V.]

Textual Amendments

F1 Substituted by Commission Regulation (EC) No 1515/2004 of 26 August 2004 amending Regulation (EC) No 2295/2003 introducing detailed rules for implementing Council Regulation (EEC) No 1907/90 on certain marketing standards for eggs.

F2 Inserted by Commission Regulation (EC) No 1515/2004 of 26 August 2004 amending Regulation (EC) No 2295/2003 introducing detailed rules for implementing Council Regulation (EEC) No 1907/90 on certain marketing standards for eggs.

CHAPTER IV U.K. BANDS, REGRADING AND REPACKAGING OF EGGS

Article 17 U.K. Bands and labels for grade A eggs

1. The bands and labels provided for in Article 11 of Regulation (EEC) No 1907/90 for grade A eggs and washed eggs shall be white and the indications shall be printed in black on these bands and labels in accordance with Articles 10 and 15 of Regulation (EEC) No 1907/90.

2. The derogation referred to in Article 11(2) of Regulation (EEC) No 1907/90 shall apply in the case of daily quantities of less than 3 600 eggs per delivery and 360 eggs per buyer. The name, address and number of the packing centre, the number of eggs, quality and weight grades, the date of minimum durability and the poultry rearing method shall be indicated on accompanying documents.

Article 18 U.K. Bands and labels for eggs intended for the food industry

1. The following eggs shall be marketed in packs with a yellow band or label which can no longer be used once the pack has been opened:

(a) eggs as referred to in Article 2(2)(b) of Regulation (EEC) No 1907/90 and not of grade A or B;

(b) grade A eggs which no longer meet the characteristics of that grade but have not been regraded;

(c) grade B eggs.

2. The bands and labels referred to in paragraph 1 shall show clearly and legibly:

(a) the name or business name and address of the undertaking which has dispatched the eggs;

(b) the number or net weight of the packed eggs;

(c) the marking ‘EGGS FOR THE FOOD INDUSTRY’ in letters 2 cm high, in one or more languages of the Community.

Article 19 U.K. Bands and labels for industrial eggs

1. Industrial eggs within the meaning of Article 1(2) of Regulation (EEC) No 1907/90 shall be marketed in packs with a red band or label.

2. The bands and labels referred to in paragraph 1 shall show:

(a) the name or business name and address of the undertaking for which the eggs are intended;

(b) the name or business name and address of the undertaking which has dispatched the eggs;

(c) the marking ‘INDUSTRIAL EGGS’ in black capital letters 2 cm high, and the marking ‘unsuitable for human consumption’ in black letters at least 0,8 cm high, in one or more languages of the Community.

Article 20 U.K. Eggs marked as ‘extra’

1. Bands or labels as referred to in Article 12 of Regulation (EEC) No 1907/90 must be printed or affixed in such a way that none of the information on the pack is obscured by the position of the band or label.

The term ‘extra’ shall be printed on the band or label in italics at least 1 cm high followed by the word ‘until’ and the two sets of figures referred to in the second subparagraph of Article 9(1) of this Regulation indicating the seventh day after packing or the ninth day after laying.

Where the packing date is indicated on packs, the indication referred to in the second subparagraph may be replaced by the words ‘extra until the seventh day after packing’.

Where the laying date is indicated on packs, the indication referred to above may be replaced by the words ‘extra until the ninth day after laying’.

The term ‘extra’ may be followed by the word ‘fresh’.

2. Where the band or label referred to in paragraph 1 cannot be removed from the pack, the pack must be removed from the sales area not later than the seventh day after packing or the ninth day after laying and the eggs must be repacked.

3. Large packs containing small packs marked ‘extra’ shall be marked in capital letters 2 cm high ‘PACK CONTAINING SMALL “EXTRA” PACKS’ in one or more languages of the Community.

Article 21 U.K. Repacking

1. Except in the case provided for in Article 8(2) of Regulation (EEC) No 1907/90, packed grade A and washed eggs may be repacked in other large or small packs only by packing centres. Each pack shall contain only the eggs of a single batch.

2. The band or label on large packs shall bear in clearly visible and legible black characters at least the following information:

(a) the name or business name and address of the undertaking which has repacked the eggs or had them repacked;

(b) the distinguishing number of the packing centre which has repacked the eggs;

(c) the distinguishing number of the packing centre which first packed the eggs or, in the case of imported eggs, the country of origin;

(d) the quality and weight gradings;

(e) the number of eggs packed;

(f) the original date of minimum durability, and below this the words ‘repacked eggs’;

(g) the type of poultry rearing;

(h) reference to chilling, indicated clearly in the Latin alphabet, in the case of chilled eggs for delivery to the French overseas departments.

3. Small packs containing repacked eggs shall bear, in clearly visible and legible characters, only the particulars provided for in paragraph 2. In addition, small packs may bear the trade mark of the undertaking which has repacked the eggs or had them repacked. The word ‘extra’ may not be used.

4. Article 2 and Article 8(1) shall apply.

Article 22 U.K. Regrading

1. Eggs which have been regraded in accordance with Article 8(2) of Regulation (EEC) No 1907/90 may be marketed in the packs in which they were contained before regrading. If they are repacked, each pack may contain only the eggs of a single batch.

2. The yellow or red band or label on large packs shall bear in clear and legible black characters at least the information provided for in Articles 18 and 19, together with the name or business name and address of the undertaking which has regraded the eggs or had them regraded.

3. On small packages containing regraded eggs, the markings which are no longer applicable shall be covered over. In addition, small packs may bear the trade mark of the undertaking which has regraded the eggs or had them regraded.

Article 23 U.K. Reuse of packs for regrading

1. If the original packs are used for regrading and repacking, they shall be considered as reused within the meaning of Article 36(2).

2. The markings on the bands or labels of large packs which are reused in accordance with Article 36(2) shall be completely covered over by new bands or new labels or rendered illegible in some other manner.

3. Large packs may bear one or more of the markings appearing on the bands and labels with which they are fastened. In addition, large packs may bear the trade mark of the undertaking which repacked the eggs or had them repacked.

CHAPTER V U.K. INSPECTION OF ESTABLISHMENTS

Article 24 U.K. Inspection of establishments

1. [F1 Producers, packing centres, collectors, food industry undertakings, wholesalers and, where Article 14 applies, manufacturers and suppliers of feed, shall be inspected at a frequency to be determined by the competent authorities on the basis of a risk analysis taking account, at least, of:

• the results of previous checks,

• the complexity of the marketing channels followed by the eggs,

• the degree of segmentation in the production or packing establishment,

• the quantity of eggs produced or packed,

• any substantial changes from previous years in the type of eggs produced or processed and/or in the marketing method.]

2. [F1 Checks shall be conducted regularly and unannounced in all establishments. Production units and packing centres carrying out marking as provided for in Article 12 shall be checked more frequently.]

3. Checks on the indications relating to the laying date, how laying hens are fed and regional origin referred to in Articles 12, 14 and 15 may be delegated to bodies designated by the Member Sates which can provide assurances of the necessary independence vis-à-vis the producers concerned and which comply with the current criteria set out in European Standard EN/45011.

These bodies shall be licensed and supervised by the competent authorities of the Member State concerned.

The costs of the checks made by these bodies shall be borne by the operator using the markings referred to above.

Textual Amendments

F1 Substituted by Commission Regulation (EC) No 1515/2004 of 26 August 2004 amending Regulation (EC) No 2295/2003 introducing detailed rules for implementing Council Regulation (EEC) No 1907/90 on certain marketing standards for eggs.

CHAPTER VI U.K. RECORDS

Article 25 U.K. Records kept by producers

1. Producers shall record:

(a) information on the poultry rearing methods, specifying for each rearing method used:

• (a) the date of placing, age at placing and number of laying hens,

• the date of culling and the number of hens culled,

• daily egg production,

• the number or weight of eggs sold per day in accordance with Article 2(3) of Regulation (EC) No 1907/90 or delivered daily by other means and, in the latter case:

• the names and addresses of purchasers and the establishment number;

[F1 (b) information on how the laying hens are fed, in cases where grade A eggs and their packs bear an indication of the feeding method, specifying by feeding method:]

• [F1 (b) the quantity and type of feed supplied and/or mixed on-site,

• the date of delivery,

• the name of the manufacturer or supplier,

• the number and age of the laying hens and the number of eggs produced and delivered,

• the date of dispatch,

• the names and addresses of purchasers and the establishment number.

[X1 [F1 2. Where the producer marks some eggs with the laying date and not others, the information referred to in the third, fourth and fifth indents of paragraph 1(a) shall be recorded separately.]

3. Where several different rearing methods are used in a single establishment, the information referred to in paragraph 1(a) and (b) shall be broken down by hen house, in accordance with Directive 2002/4/EC.

4. Producers shall keep the information listed in paragraph 1(a) and (b) for at least six months after ceasing their activity or after the flock has been destroyed.]

Editorial Information

X1 Substituted by Corrigendum to 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 (Official Journal of the European Union L 340 of 24 December 2003).

Textual Amendments

F1 Substituted by Commission Regulation (EC) No 1515/2004 of 26 August 2004 amending Regulation (EC) No 2295/2003 introducing detailed rules for implementing Council Regulation (EEC) No 1907/90 on certain marketing standards for eggs.

Article 26 U.K. Records kept by packing centres

1. Packing centres shall record separately, by rearing method and by day:

[F1 (a) the quantities of ungraded eggs they receive, broken down by producer, giving the name, address and distinguishing number of the producer and 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 distinguishing numbers of those centres, the date of minimum durability and specifying the identity of the sellers;

(d) the quantities of ungraded eggs delivered to other packing centres, including the distinguishing numbers of those 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 grade B eggs or date of minimum durability in the case of grade A eggs, washed eggs and chilled eggs, and by purchaser, with the name and address of the latter.]

Packing centres shall update their physical stock records each week.

2. Where grade A eggs and washed eggs and packs bear an indication of how laying hens are fed, the laying date and/or the regional origin, packing centres using such markings shall keep separate records in accordance with the first subparagraph of paragraph 1.

3. However, instead of keeping records of sales and deliveries, they may keep files of invoices and delivery notes marked as indicated at the first subparagraph of paragraph 1. Such records and files shall be kept for at least six months.

Textual Amendments

F1 Substituted by Commission Regulation (EC) No 1515/2004 of 26 August 2004 amending Regulation (EC) No 2295/2003 introducing detailed rules for implementing Council Regulation (EEC) No 1907/90 on certain marketing standards for eggs.

[F1 Article 27 U.K. Records kept by other operators

1. In the case of eggs as referred to in Articles 13, 14 and 15, collectors must be able to show proof of:

(a) dates of collection and quantities collected;

(b) the name, address and distinguishing number of the producers;

(c) dates and quantities of deliveries to the relevant packing stations.

They shall record separately, by rearing method, by feeding method and by day, the quantities of eggs they deliver to packing centres, including the distinguishing numbers of those centres and the laying date or period.

2. In the case of eggs as referred to in Articles 13, 14 and 15, wholesalers (including dealers who do not physically handle eggs) must be able to show proof of:

(a) dates and quantities of both purchases and sales;

(b) names and addresses of the suppliers/purchasers.

In addition, those wholesalers who physically handle such eggs shall keep a weekly record of physical stocks.

3. Collectors and wholesalers shall be required to keep records of purchase and sales transactions and physical stock records for at least six months.

Instead of keeping specific records on purchases and sales, they may keep files of invoices and delivery notes marked as indicated in Articles 13, 14 and 15.

4. Feed manufacturers and suppliers shall keep accounts of their deliveries to the producers referred to in Article 25(1)(b) showing the composition of the feed supplied.

They shall keep these records for at least six months after dispatch.

5. Food industry undertakings approved in accordance with Directive 89/437/EEC shall keep, filed by reception date, records of all deliveries taken over by them, together with the information on the containers and packs, and a weekly record of their stocks of eggs, for at least six months.

6. All the records and accounts referred to in Articles 25 and 26 and in this Article shall be made available on first request to the competent authorities.]

Textual Amendments

F1 Substituted by Commission Regulation (EC) No 1515/2004 of 26 August 2004 amending Regulation (EC) No 2295/2003 introducing detailed rules for implementing Council Regulation (EEC) No 1907/90 on certain marketing standards for eggs.

CHAPTER VII U.K. CONFIDENTIALITY AND REPORTING OF INFORMATION

Article 28 U.K. Confidentiality

1. The Member States shall take all measures necessary to ensure the confidential treatment of information supplied under Articles 12, 13, 14 and 15, in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council(5) insofar as natural persons are concerned.

2. The data entered in the registers, accounts and other records may be used only for the application of this Regulation.

Article 29 U.K. Reporting, consultation and exchange of information

1. Before 1 April each year, each Member State shall notify the Commission by electronic means of the average number of laying hens present(6) on holdings, for each type of poultry rearing.

[X1 2. Before 1 July 2004 , each Member State shall inform the Commission by electronic means of the measures it has taken to implement this Regulation, in particular:]

(a) the list of production sites registered in accordance with Directive 2002/4/EC showing the name, address and distinguishing number of each one;

[F1 (b) the list of packing centres approved in accordance with Article 4, showing the name, address and distinguishing number of each one and specifying which centres are authorised under Article 6(4) of Regulation (EEC) No 1907/90;]

[F1 (c) the monitoring methods applied for the implementation of Articles 12, 13, 14, 15, 16 and 24 of this Regulation;]

(d) the national technical measures applied for the implementation of Articles 13(4) and 14(3) of this Regulation;

(e) the list of competent authorities responsible for carrying out the checks provided for in this Regulation, together with their names, addresses and other relevant details;

(f) the name, address and relevant details of the competent authority responsible for exchanging information as provided for in this Regulation[F1 ;]

[F2 (g) whether or not they intend to apply the derogation provided for in Article 8(5), specifying, where applicable, the measures for implementing that derogation.]

3. The Commission shall collect the information referred to in paragraphs 1 and 2 and make it available to the Member States from 1 July 2005. Until that date, the Member States shall transmit their own data to all the other Member States.

[F1 Any changes to the lists, monitoring methods or technical measures referred to in paragraph 2 shall be notified to the Commission by electronic means no later than 1 April each year.]

4. The checks carried out in the Member State shall be discussed on a regular basis in accordance with the procedure laid down in Article 18 of Council Regulation (EEC) No 2771/75(7).

5. 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 paragraph 2(d) of this Article with Community law and their conformity with the common marketing standards for eggs.

Editorial Information

X1 Substituted by Corrigendum to 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 (Official Journal of the European Union L 340 of 24 December 2003).

Textual Amendments

F1 Substituted by Commission Regulation (EC) No 1515/2004 of 26 August 2004 amending Regulation (EC) No 2295/2003 introducing detailed rules for implementing Council Regulation (EEC) No 1907/90 on certain marketing standards for eggs.

F2 Inserted by Commission Regulation (EC) No 1515/2004 of 26 August 2004 amending Regulation (EC) No 2295/2003 introducing detailed rules for implementing Council Regulation (EEC) No 1907/90 on certain marketing standards for eggs.

Article 30 U.K. Notification of decisions to regrade

Each Member State on whose territory a batch of eggs from another Member State is regraded shall ensure that the decision to regrade is communicated to the competent authority of that Member State as referred to in Article 29(2)(f) within three working days.

CHAPTER VIII U.K. INSPECTION OF EGGS

Article 31 U.K. Checks based on sampling

1. Article 19(2) of Regulation (EEC) No 1907/90 shall apply only if the check has been carried out in accordance with paragraphs 2 to 5 of this Article.

2. Where eggs are in large packs not containing small packs, at least the following numbers of eggs shall be checked as samples:

Number of eggs in the batch	Number of eggs to be checked
	% ofbatch	Minimum number of eggs
up to 180	100	—
181 to 1 800	15	180
1 801 to 3 600	10	270
3 601 to 10 800	5	360
10 801 to 18 000	4	540
18 001 to 36 000	3	720
36 001 to 360 000	1,5	1 080
more than 360 000	0,5	5 400

3. Where eggs are in small packs, whether or not these are inside large packs, at least the following numbers of small packs and eggs shall be checked as samples:

Number of eggs in the batch	Percentage of small packs checked	Number of eggs to be checked per pack checked(%)
up to 180	100	100
181 to 1 800	15	100
1 801 to 3 600	10	100
3 601 to 10 800	5	100
10 801 to 18 000	4	100
18 001 to 36 000	3	100
36 001 to 360 000	1,5	100
more than 360 000	0,5	100

4. For batches of not more than 18 000 eggs, the eggs to be checked shall be selected from at least 20 % of the large packs.

For batches of more than 18 000 eggs, the eggs to be checked shall be selected from at least 10 % of the large packs and from at least ten large packs.

5. In the case of non-packed eggs displayed or put up for sale in the retail trade, 100 % of the eggs up to 180 eggs and 15 % of the eggs for greater quantities, with a minimum of 180 eggs, shall be checked as samples.

Article 32 U.K. Check bands

1. After the check and after any necessary correction of the batch for compliance with Regulation (EEC) No 1907/90, at the request of the owner of the batch the inspector may affix to the pack a band bearing an official stamp and the following particulars:

(a) ‘Checked on (date) at (place);’

(b) the identification of the inspector.

2. The check band shall be white with red printing. If a pack has been sealed before the check, it shall be resealed by means of the check band, which may, if appropriate, be applied over the original band or label.

3. After small packs marked ‘extra’ have been checked, the check band shall include the particulars referred to in paragraph 1 and the word ‘extra’ in italics 1 cm high.

Article 33 U.K. Tolerance for quality defects

1. The following tolerances shall be allowed in the checking of batches of grade A eggs and washed 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.

However, in the checking of eggs marketed as ‘extra’ no tolerance shall be allowed for the height of the air space either at the time of packing or import.

2. Where the batch checked contains fewer than 180 eggs, the percentages referred to in paragraph 1 shall be doubled.

Article 34 U.K. Tolerance for egg weight

Except in the case provided for in Article 13(3) of Regulation (EEC) No 1907/90, in the checking of batches of grade A eggs and washed 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 bordering on that marked on the packing, but not more than 5 % of eggs of the next lower weight grade.

Where the batch checked contains fewer than 180 eggs, the above percentages shall be doubled.

CHAPTER IX U.K. GENERAL AND FINAL PROVISIONS

SECTION 1 U.K. General provisions on egg packs and storage

Article 35 U.K. Minimum net weight of eggs per large pack

Large packs of grade A eggs and washed eggs graded by weight shall have the following minimum net weights:

— XL-very large:	7,3 kg/100 eggs,
— L-large:	6,4 kg/100 eggs,
— M-medium:	5,4 kg/100 eggs,
— S-small:	4,5 kg/100 eggs.

Article 36 U.K. Quality of packs

1. Packs, including inner packing material, shall be shock-resistant, dry, clean and in good repair, and made of materials which protect the eggs from extraneous odour; and the risk of quality deterioration.

2. Large packs used for transporting and dispatching eggs, including inner packing material, may not be reused unless they are as new and meet the technical and hygiene requirements of paragraph 1. Reused large packs may not bear any previous marking likely to lead to confusion.

3. Small packs may not be reused.

Article 37 U.K. Storage and transport conditions

1. During storage at the producer's premises and during transport from producer to collector or packing centre, eggs shall be maintained at the temperature best suited to ensuring optimal conservation of their quality.

2. Eggs must be stored in clean, dry places, free of extraneous odours.

3. During transport and storage, eggs must be kept clean and dry in places, free of extraneous odours and effectively protected from shocks and from the effects of light and excessive fluctuations in temperature.

SECTION 2 U.K. Repeal and final provision

Article 38 U.K. Repeal

Regulation (EC) No 1274/91 is hereby repealed.

References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table set out in Annex V.

Article 39 U.K. Entry into force and application

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.

It shall apply from 1 January 2004. However, Article 4(2) shall apply as of 1 May 2004 as regards the initial codes CZ, EE, CY, LV, LT, HU, MT, PL, SI and SK subject to the ratification of the Treaty of Accession.

However, the distinguishing numbers of packing centres approved before 31 December 2003 may continue to be used until 31 December 2004.

This Regulation shall be binding in its entirety and directly applicable in all Member States.