The quality characteristics for Class A eggs should be fixed in order to guarantee the high quality of eggs to be delivered directly to the final consumer and to set criteria that can be checked by inspection services. Such quality characteristics should be based on Standard No 42 of the United Nations Economic Commission for Europe (UN/ECE) concerning the marketing and commercial quality controls of eggs-in-shell moving in international trade between and to UN/ECE member countries.

Cold eggs left out at room temperature can lead to condensation, facilitating the growth of bacteria on the shell and probably ingress into the egg. Therefore, eggs must be stored and transported preferably at a constant temperature, and should in general not be refrigerated before sale to the final consumer.

In general, eggs should not be washed or cleaned because such practices can cause damage to the egg shell, which is an effective barrier to bacterial ingress with an array of antimicrobial properties for the egg. However, some practices, such as treatment of eggs with ultra-violet rays, should not be interpreted as constituting a cleaning process. Moreover, Class A eggs should not be washed because of the potential damage to the physical barriers, such as the cuticle, which can occur during or after washing. Such damage may favour trans-shell contamination with bacteria and moisture loss and thereby increase the risk to consumers, particularly if subsequent drying and storage conditions are not optimal.

Only undertakings whose premises and technical equipment are suited to the scale and type of their operations, and which therefore allow eggs to be handled properly, should be authorised to grade eggs by quality and weight as packing centres.

Maximum time limits for the grading, marking, packing of eggs and marking of packs should be fixed in order to facilitate checks as provided for in Article 7(2) of Regulation (EC) No 1028/2006.

For the purpose of performing checks effectively as provided for in Article 7(2) of Regulation (EC) No 1028/2006, the marking of eggs with the producer code at the production site is essential where eggs are delivered to another Member State. In accordance with the second subparagraph of Article 4(1) of Regulation (EC) No 1028/2006, Class B eggs are to be marked with the producer code and/or with another indication if marketed in another Member State. It should be clarified that in case the producer code alone does not allow for a clear distinction of the quality grading, Class B eggs should be marked with another indication.

The composition of the producer code provided for in Article 4 of Regulation (EC) No 1028/2006 should be fixed. Moreover, it should be clarified that an exception to the marking requirement with the producer code may be made if the technical equipment for egg marking does not allow for marking cracked or soiled eggs.

The characteristics of the other possible indications for marking Class B eggs as referred to in Article 4(1) of Regulation (EC) No 1028/2006 should be defined.

Directive 2000/13/EC lays down rules of a general nature applicable to all foodstuffs put on the market. However, some specific marking requirements should be provided for packs.

Article 9 of Directive 2000/13/EC defines the date of minimum durability of a foodstuff to be the date until which the foodstuff retains its specific properties when properly stored. For the sake of clarity, this date should be fixed at not more than 28 days after laying.

Eggs may be sold with an indication highlighting the particular freshness of the egg. For this purpose, a maximum time limit should be fixed clarifying the use of such indications.

Eggs may be sold with an indication highlighting the particular feed formula fed to the laying hens. It is appropriate to fix minimum requirements for such indications.

When eggs are sold loose, certain information normally on the pack should be accessible to the consumer.

In addition to the general hygiene requirements for the wrapping and packaging of foodstuffs, some additional requirements should be laid down in order to minimise the risk of deterioration or contamination of eggs during storage and transport. Such standards should be based on UN/ECE Standard No 42.

Industrial eggs are unfit for human consumption. It is therefore appropriate to require special bands or labels for the easy identification of packaging containing such eggs.

Only packing centres have the premises and technical equipment suitable for repacking eggs. It is therefore appropriate to limit any repacking activities to packing centres.

Food business operators are obliged to establish traceability in accordance with Regulation (EC) No 178/2002. Producers, collectors and packing centres should be obliged to keep specific additional records in order to allow inspection services to check compliance with the marketing standards.

The methods and criteria for conducting checks should be laid down.

It is appropriate to check compliance with the marketing standards for a batch as a whole, and the marketing of a batch found not to be compliant should be prohibited unless compliance can be proven.

Certain tolerances should be allowed when checking compliance with the marketing standards. Such tolerances should differ according to the different requirements and marketing stages.

Third countries may have requirements different from those fixed for the Community for the marketing of eggs. In order to facilitate exports, eggs packed and intended for export should be allowed to conform to such requirements.

Details should be fixed regarding the assessment of the equivalence of third country marketing standards with Community legislation to be conducted by the Commission at the request of third countries. Certain marking and labelling requirements for eggs imported from third countries should be laid down.

It is useful for the Commission to have data available on the number of laying hen places registered.

Member States should communicate significant infringements of the marketing standards so that other Member States that may be affected can be alerted in an appropriate manner.

Egg supply for the retail trade in the French overseas departments relies partly on the supply of eggs from the European continent. In view of the duration of transport and of climatic conditions, the preservation of eggs transported to the French overseas departments presupposes the fulfilment of specific supply arrangements, including the possibility to dispatch eggs chilled. These special arrangements can be justified by the current lack of sufficient local egg production capacities. Until sufficient local production capacities are built up, these exceptional arrangements should be prolonged for a reasonable period of time.

Article 1(2) of Regulation (EC) No 1028/2006 allows Member States to exempt certain forms of direct sales of eggs from producers to the final consumer from the requirements of that Regulation. In order to take account of the specific conditions of egg marketing in certain regions in Finland, sales from producers to retail outlets in those regions should be exempted from the requirements of Regulation (EC) No 1028/2006 and of this Regulation.

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Poultrymeat and Eggs,