Commission Delegated Regulation (EU) 2023/2465 of 17 August 2023 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards marketing standards for eggs, and repealing Commission Regulation (EC) No 589/2008

• CELEX: Delegated Regulation (EU) 2023/2465
• Articles: 30

Article 1 Subject matter

This Regulation supplements Regulation (EU) No 1308/2013 with rules on the marketing standards for eggs of hens of the Gallus gallus species, except eggs for hatching, in particular as regards:

(a)

the classification criteria;

(b)

the preservation and handling;

(c)

the marking and packing requirements;

(d)

the use of optional reserved terms;

(e)

the tolerance levels;

(f)

the conditions for imports and exports.

Article 2 Definitions

For the purposes of this Regulation and Implementing Regulation (EU) 2023/2466 , the definitions in Article 2(1) of Regulation (EC) No 852/2004 and points 5.2, 5.3, 5.4 and 7.3 of Annex I to Regulation (EC) No 853/2004 shall apply.

In addition, the following definitions shall apply:

(a)

‘pack’ means a wrapping containing Class A or Class B eggs, excluding transport packaging and containers of industrial eggs;

(b)

‘loose egg sales’ means the offer for retail sale of eggs to the final consumer, other than in packs;

(c)

‘collector’ means any establishment registered in accordance with Article 6 of Regulation (EC) No 852/2004 to collect eggs from a producer for delivery to a packing centre, to a market selling exclusively to wholesalers whose undertakings are approved as packing centres, or to the food or non-food industry;

(d)

‘food industry’ means any establishment producing egg products intended for human consumption, excluding mass caterers;

(e)

‘non-food industry’ means any business producing products containing eggs not intended for human consumption;

(f)

‘mass caterers’ means the establishments referred to in Article 2(2), point (d), of Regulation (EU) No 1169/2011;

(g)

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

(h)

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

(i)

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

(j)

‘industrial eggs’ means eggs not intended for human consumption;

(k)

‘batch’ means the eggs in packs or loose from one and the same production site or packing centre, situated in one place, with one and the same laying date or date of minimum durability or packing date, the same farming method and, in case of graded eggs, the same quality and weight grading;

(l)

‘repacking’ means the physical transfer of eggs to another pack or the re-marking of a pack containing eggs;

(m)

‘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;

(n)

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

(o)

‘production site’ means an establishment keeping laying hens, registered in accordance with Commission Directive 2002/4/EC  ( 12 ) ;

(p)

‘packing centre’ means a packing centre within the meaning of Regulation (EC) No 853/2004 that is authorised in accordance with Article 3(2) of Implementing Regulation (EU) 2023/2466 and where eggs are graded by quality and weight;

(q)

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

(r)

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

Article 3 Quality characteristics of eggs

1.   Class A eggs shall have the following quality characteristics:

(a)

shell and cuticle: normal shape, clean and undamaged;

(b)

air space: height not exceeding 6 mm, stationary; however, for eggs to be marketed as ‘extra’, it may not exceed 4 mm;

(c)

yolk: visible on candling as a shadow only, without clearly discernible outline, slightly mobile upon turning the egg, and returning to a central position;

(d)

white: clear, translucent;

(e)

germ: imperceptible development;

(f)

foreign matter: not permissible;

(g)

unintended foreign smell: not permissible.

2.   Class B eggs shall be eggs which do not meet the quality characteristics provided for in paragraph 1. Class A eggs which no longer have those characteristics shall be downgraded to Class B. Eggs not being marked within 10 days after laying shall be Class B eggs.

Article 4 Preservation and handling of eggs

1.   Class A eggs shall not be washed or cleaned, before or after grading, except as provided for in paragraph 3.

2.   Class 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 for not more than 24 hours or on retail premises or in annexes thereto for not more than 72 hours shall not be considered as chilled.

3.   Member States which, on 1 June 2003, authorised packing centres to wash eggs may continue to authorise packing centres to wash eggs, provided that those centres operate in accordance with the national guides for egg-washing systems. Washed eggs may only be marketed in the Member States in which such authorisations have been issued.

4.   The Member States referred to in paragraph 3 shall encourage the development of national guides to good practice for egg-washing systems by the food business operators, in accordance with Article 8 of Regulation (EC) No 852/2004.

Article 5 Grading of Class A eggs by weight

1.   Class A eggs shall be graded by weight as follows:

(a)

XL – very large: weight ≥ 73 g;

(b)

L – large: weight ≥ 63 g and < 73 g;

(c)

M – medium: weight ≥ 53 g and < 63 g;

(d)

S – small: weight < 53 g.

2.   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.

3.   By way of derogation from paragraph 1, where Class A eggs of different sizes are packed together in the same pack, the minimum net weight of the eggs shall be given in grams and the indication ‘Eggs of different sizes’ or equivalent terms shall appear on the outer surface of the pack.

Article 6 Time limit for grading, marking and packing eggs and marking packs

1.   Class A eggs shall be graded, marked and packed within 10 days of laying.

2.   Eggs marketed in accordance with Article 12 shall be graded, marked and packed within 4 days of laying.

3.   The date of minimum durability referred to in Article 11(1), point (d), of this Regulation shall be marked at the time of packing in accordance with point 1 of Annex X to Regulation (EU) No 1169/2011.

Article 7 Information displayed on transport packaging

1.   Without prejudice to Article 18 of Regulation (EC) No 178/2002, at the production site, each transport packaging containing eggs shall be identified by the producer by:

(a)

the producer’s name and address;

(b)

the producer code;

(c)

the number of eggs and/or their weight;

(d)

the laying date or period;

(e)

the date of dispatch.

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

2.   The information referred to in paragraph 1 shall be applied to the transport packaging and be contained in accompanying documents. A copy of those documents shall be kept by any intervening operator to whom the eggs are delivered. The originals of the accompanying documents shall be kept by the packing centre that grades the eggs.

Where batches received by a collector are subdivided for delivery to more than one operator, the accompanying documents may be substituted by appropriate transport container labels, provided that the latter include the information referred to in paragraph 1.

3.   The information referred to in paragraph 1 applied to the transport packaging shall not be modified and shall remain on the transport packaging until removal of eggs for immediate grading, marking, packing or further processing.

Article 8 Marking of eggs for cross-border delivery

1.   Eggs delivered from a production site to a collector, a packing centre, food or non-food industry situated in another Member State shall be marked with the producer code before leaving the production site.

2.   A Member State on whose territory the production site is situated may grant an exemption from the requirement provided for in paragraph 1, where a producer has signed a delivery contract with a packing centre in another Member State requiring the marking in accordance with this Regulation. Such an exemption may be granted only at the request of both operators concerned and with the prior written agreement of the Member State where the packing centre is situated. In such cases, a copy of the delivery contract shall accompany the consignment.

3.   The minimum duration of delivery contracts referred to in paragraph 2 may not be less than one month.

4.   The inspection services, referred to in Article 9 of Implementing Regulation (EU) 2023/2466, of the Member States concerned, and of any transit Member States, shall be informed before an exemption is granted in accordance with paragraph 2 of this Article.

5.   Class B eggs marketed in another Member State that are marked in accordance with Part VI, Point III(1), second subparagraph, of Annex VII to Regulation (EU) No 1308/2013 shall, where appropriate, bear an indication in accordance with Article 9 of this Regulation so as to ensure that they can easily be distinguished from Class A eggs.

Article 9 Indications on Class B eggs

The indication referred to in Part VI, Point III(1), second subparagraph, of Annex VII to Regulation (EU) No 1308/2013 shall be a circle of at least 12 mm in diameter around the letter ‘B’ at least 5 mm high, or an easily visible colour spot of at least 5 mm in diameter.

Article 10 Marking of eggs delivered directly to the food industry

1.   Save as otherwise provided for by the sanitary legislation, Member States may exempt operators at their request from the marking obligations provided for in Part VI, Point III(1) of Annex VII to Regulation (EU) No 1308/2013 where eggs are delivered directly from the production site to the food industry. The delivery shall be under the full responsibility of the food industry operator, which accordingly undertakes to use the eggs only for processing.

2.   When in the cases referred to in paragraph 1 eggs are delivered from a production site in one Member State to the food industry in another Member State, the Member State where the production site is established shall appropriately inform the competent authorities of the other Member State about the granting of the marking derogation before the first delivery takes place.

3.   Member States may exempt eggs that are imported from a third country and are delivered directly to the food industry from being marked provided that their final destination with a view to processing is checked by the competent authorities of the Member State.

Article 11 Marking of packs

1.   Packs containing Class A eggs shall bear on the outer surface in easily visible and clearly legible type:

(a)

the codes of the packing centres where eggs have been packed and, where appropriate, repacked;

(b)

the quality grading; packs shall be identified either by the words ‘Class A’ or the letter ‘A’, whether alone or in combination with the words ‘fresh’ or ‘fresh eggs’;

(c)

the weight grading in accordance with Article 5;

(d)

the date of minimum durability in accordance with Article 9(1), point (f), of Regulation (EU) No 1169/2011;

(e)

the wording ‘washed eggs’ for eggs washed in accordance with Article 4 of this Regulation;

(f)

as a special storage condition in accordance with Article 9(1), point (g), of Regulation (EU) No 1169/2011 an indication advising consumers to keep eggs chilled after purchase.

2.   In addition to the requirements laid down in paragraph 1, packs containing Class A eggs shall bear on the outer surface in easily visible and clearly legible type of the farming method.

For the identification of the farming method only the following terms shall be used:

(a)

for conventional farming, the terms set out in Annex I to this Regulation;

(b)

for organic production, the terms set out in Article 30(1) of Regulation (EU) 2018/848 of the European Parliament and of the Council  ( 13 ) .

The meaning of the producer code shall be explained on or inside the pack.

3.   Paragraph 2 shall apply without prejudice to national technical measures going beyond the minimum requirements for systems of production for the various egg farming methods laid down in Annex II, which may apply only to producers of the Member State concerned and provided that they are compatible with Union law.

4.   Packs containing Class B eggs shall bear on the outer surface in easily visible and clearly legible type:

(a)

the packing centre code;

(b)

the quality grading; packs shall be identified either by the words ‘Class B’ or the letter ‘B’;

(c)

the packing date.

5.   The Member States may require, for packs of eggs produced on their territory, that the labels be affixed in such a way so as to be broken when opening the packs.

Article 12 Optional reserved terms concerning quality

1.   The words ‘extra’ or ‘extra fresh’ may be used as an additional quality indication on packs containing Class A eggs until the ninth day after laying of the eggs.

2.   Where indications referred to in paragraph 1 are used, the laying date and the time limit of 9 days shall be shown on the pack in such a way as to be easily visible and clearly legible.

Article 13 Optional reserved terms concerning feed

Where an indication of how the laying hens are fed is used, the following minimum requirements shall apply:

(a)

reference may be made to cereals as a feed ingredient only where they account for at least 60 % in weight of the feed formula given, of which no more than 15 % of cereal by-products may be part;

(b)

without prejudice to the minimum of 60 % referred to in point (a), where reference is made to a specific cereal, it shall account for at least 30 % of the feed formula used. If specific reference is made to more than one cereal, each shall account for at least 5 % of the feed formula.

Article 14 Information to be displayed for loose egg sales

For loose egg sales, the following information shall be given in such a manner as to be easily visible and clearly legible to the consumer:

(a)

the quality grading;

(b)

the weight grading in accordance with Article 5;

(c)

an indication of the farming method as laid down in Article 11(2);

(d)

an explanation of the meaning of the producer code;

(e)

the date of minimum durability.

Article 15 Quality of packs

Without prejudice to the requirements for the wrapping and packaging of foodstuffs laid down in Chapter X of Annex II to Regulation (EC) No 852/2004, packs shall be shock-resistant, dry, clean and in good repair, and be of materials which protect the eggs from extraneous odour and the risk of quality deterioration.

Article 16 Packing of industrial eggs

Industrial eggs shall be marketed in packaging containers with a red band or label.

Those bands and labels shall show:

(a)

the name and address of the operator for whom the eggs are intended;

(b)

the name and address of the operator who has dispatched the eggs;

(c)

the words ‘industrial eggs’ in capital letters 2 cm high, and the words ‘unsuitable for human consumption’ in letters at least 8 mm high.

Article 17 Repacking

Packed Class A eggs may be repacked only by packing centres. Each pack shall contain only eggs of a single batch.

Article 18 Tolerance for quality defects

1.   The following tolerances shall be allowed when checking batches of Class A 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.

2.   For eggs marketed as ‘extra’ or ‘extra fresh’, no tolerance shall be allowed for the height of the air space at the time of packing or import.

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

Article 19 Tolerance for egg weight

1.   Except in the case provided for in Article 5(3) in the checking of batches of Class A 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 adjacent to that marked on the packing, but not more than 5 % of eggs of the next lower weight grade.

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

Article 20 Tolerance for marking eggs

A tolerance of 20 % of eggs with marks that are illegible shall be allowed in the checking of batches and packs.

Article 21 Eggs for export to third countries

Eggs packed and intended for export to third countries may be made to comply with requirements different from those laid down in Part VI of Annex VII to Regulation (EU) No 1308/2013 and in this Regulation as regards quality, marking and labelling, or with additional requirements.

Article 22 Imported eggs

1.   The Commission shall evaluate marketing standards for eggs applicable in exporting third countries on request of the country concerned. This evaluation shall extend to the rules on marking and labelling, farming methods and checks as well as their implementation. If it finds that the rules applied offer sufficient guarantees as to their equivalence with Union legislation, eggs imported from the country concerned shall be marked with a distinguishing number equivalent to the producer code.

2.   Any evaluation of equivalence of rules as referred to in paragraph 1 shall include an assessment of whether the requirements contained in this Regulation are effectively met by operators in the third country concerned. It shall be updated regularly. The Commission shall publish the result of the evaluation in the Official Journal of the European Union .

3.   Eggs imported from third countries shall be clearly and legibly marked in the country of origin with its ISO 3166 country code.

4.   Where there is not sufficient guarantee as to the equivalence of rules as referred to in paragraph 1, packs containing eggs imported from the third country concerned shall bear on the outer surface in easily visible and clearly legible type:

(a)

the country of origin;

(b)

the farming method as ‘non-EU standard’.

Article 23 Exceptions for the French overseas departments

1.   By way of derogation from Article 4(2), eggs intended for retail trade in the French overseas departments may be dispatched chilled to those departments.

2.   In the case referred to in paragraph 1 of this Article, in addition to the requirements provided for in Articles 11 and 14, the wording ‘chilled eggs’ shall appear and particulars as to refrigeration shall be given on the outer surface of the pack. The distinguishing mark for ‘chilled eggs’ shall be an equilateral triangle of at least 10 mm along the sides.

Article 24 Exceptions for certain regions of Finland

Eggs sold directly by the producer to retail outlets in the regions listed in Annex III shall be exempted from the requirements of Part VI of Annex VII to Regulation (EU) No 1308/2013 and of this Regulation. However, the farming method must be duly identified in accordance with Article 11(2) and Article 14, point (c), of this Regulation.

Article 25 Repeal

Regulation (EC) No 589/2008 is repealed.

References to the repealed Regulation shall be construed as references to this Regulation and to Implementing Regulation (EU) 2023/2466 and shall be read in accordance with the correlation table in Annex IV to this Regulation.

Article 26 Entry into force

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

Schedules & Appendices

ANNEX I Terms referred to in Article 11(2), second subparagraph, point (a)

ANNEX I

Terms referred to in Article 11(2), second subparagraph, point (a)

Code language

1

2

3

BG

‘Яйца от кокошки – свободно отглеждане на открито’

‘Яйца от кокошки – подово отглеждане’

‘Уголемени клетки’

ES

‘Huevos de gallinas camperas’

‘Huevos de gallinas sueltas en el gallinero’

‘Jaulas acondicionadas’

CZ

‘Vejce nosnic ve volném výběhu’

‘Vejce nosnic v halách’

‘Vejce nosnic v klecích’/

‘Obohacené klece’

DA

‘Frilandsæg’

‘Skrabeæg’

‘Stimulusberigede bure’

DE

‘Eier aus Freilandhaltung’

‘Eier aus Bodenhaltung’

‘ausgestalteter Käfig’

ET

‘Vabalt peetavate kanade munad’

‘Õrrekanade munad’

‘Täiustatud puurid’

EL

‘Αυγά ελεύθερης βοσκής’

‘Αυγά αχυρώνα ή αυγά στρωμνής’

‘Αναβαθμισμένοι/

Διευθετημένοι κλωβοί’

EN

‘Free range eggs’

‘Barn eggs’

‘Enriched cages’

FR

‘Œufs de poules élevées en plein air’

‘Œufs de poules élevées au sol’

‘Cages aménagées’

HR

‘Jaja iz slobodnog uzgoja’

‘Jaja iz štalskog (podnog) uzgoja’

‘Obogaćeni kavezi’

GA

‘Uibheacha saor-raoin’

‘Uibheacha sciobóil’

‘Cásanna Saibhrithe’

IT

‘Uova da allevamento all’aperto’

‘Uova da allevamento a terra’

‘Gabbie attrezzate’

LV

‘Brīvās turēšanas apstākļos dētās olas’

‘Kūtī dētas olas’

‘Uzlaboti būri’

LT

‘Laisvai laikomų vištų kiaušiniai’

‘Ant kraiko laikomų vištų kiaušiniai’

‘Pagerinti narveliai’

HU

‘Szabad tartásban termelt tojás’

‘Alternatív tartásban termelt tojás’

‘Feljavított ketrecek’

MT

‘Bajd tat-tiġieg imrobbija barra’

‘Bajd tat-tiġieġ imrobbija ma’ l-art’

‘Gaġeg arrikkiti’

NL

‘Eieren van hennen met vrije uitloop’

‘Scharreleieren’

‘Aangepaste kooi’/

‘Verrijkte kooi’

PL

‘Jaja z chowu na wolnym wybiegu’

‘Jaja z chowu ściółkowego’

‘Klatki ulepszone’

PT

‘Ovos de galinhas criadas ao ar livre’

‘Ovos de galinhas criadas no solo’

‘Gaiolas melhoradas’

RO

‘Ouă de găini crescute în aer liber’

‘Ouă de găini crescute în hale la sol’

‘Cuști îmbunătățite’

SK

‘Vajcia z chovu na voľnom výbehu’

‘Vajcia z podstielkového chovu’

‘Obohatené klietky’

SL

‘Jajca iz proste reje’

‘Jajca iz hlevske reje’

‘Obogatene kletke’

FI

‘Ulkokanojen munia’

‘Lattiakanojen munia’

‘Virikehäkit’

SV

‘Ägg från utehöns’

‘Ägg från frigående höns inomhus’

‘Inredd bur’

ANNEX II Minimum requirements for systems of production for the various egg farming methods referred to in Article 11(3)

ANNEX II

Minimum requirements for systems of production for the various egg farming methods referred to in Article 11(3)

1.

‘Free-range eggs’ must be produced in systems of production which satisfy at least the conditions laid down in Article 4 of Directive 1999/74/EC.

In particular, the following conditions must be satisfied:

(a)

hens must have continuous daytime access to open-air runs. However, this requirement does not prevent a producer from restricting access for a limited period of time in the morning hours in accordance with usual good farming practice, including good animal husbandry practice. Where temporary restrictions have been imposed on the basis of Union legislation, eggs may be marketed as ‘free-range’ notwithstanding that restriction;

(b)

open-air runs to which hens have access must be mainly covered with vegetation and not be used for other purposes except for orchards, woodland and livestock grazing. The competent authorities may authorise the use of open-air runs for other purposes, in particular the installation of solar panels, that are not conflicting with the animal welfare conditions as laid down in Directive 1999/74/EC and do not limit the mobility of the hens;

(c)

the maximum stocking density of open-air runs must not be greater than 2 500 hens per hectare of ground available to the hens or one hen per 4 m 2 at all times. However, where at least 10 m 2 per hen is available and where rotation is practised and hens are given even access to the whole area over the flock’s life, each paddock used must at any time assure at least 2,5 m 2 per hen;

(d)

open-air runs must not extend beyond a radius of 150 m from the nearest pophole of the building. However, an extension of up to 350 m from the nearest pophole of the building is permissible provided that a sufficient number of shelters as referred to in Article 4(1), point 3(b)(ii), of Directive 1999/74/EC are evenly distributed throughout the whole open-air run with at least four shelters per hectare.

2.

‘Barn eggs’ must be produced in systems of production which satisfy at least the conditions laid down in Article 4 of Directive 1999/74/EC.

3.

Eggs from ‘enriched cages’ must be produced in systems of production which satisfy at least the conditions laid down in Article 6 of Directive 1999/74/EC.

4.

Member States may authorise derogations from points 1 and 2 of this Annex for establishments with fewer than 350 laying hens or rearing breeding laying hens as regards the obligations referred to in Article 4(1), point 1(d), point 1(e), point 2, point 3(a)(i) and point 3(b)(i), of Directive 1999/74/EC.

ANNEX III Regions of Finland referred to in Article 24

ANNEX III

Regions of Finland referred to in Article 24

—

Lappi

—

Pohjois-Pohjanmaa

—

Kainuu

—

Pohjois-Karjala

—

Pohjois-Savo

—

Ahvenanmaa

ANNEX IV Correlation table

ANNEX IV

Correlation table

Regulation (EC) No 589/2008

This Regulation

Implementing Regulation (EU) 2023/2466

Article 1

Article 2

Article 2

Article 2(1)

Article 3(1)

Article 2(2) and (3)

Article 4(1) and (2)

Article 2(4)

Article 3(2)

Article 3

Article 4(3) and (4)

Article 4

Article 5

Article 5

Article 3

Article 6

Article 6

Article 7

Article 7

Article 8

Article 8

Article 9

Article 4

Article 10

Article 9

Article 11

Article 10

Article 12

Article 11

Article 13

—

—

Article 14

Article 12

Article 15

Article 13

Article 16

Article 14

Article 17

Article 15

Article 18

Article 16

Article 19

Article 17

Article 20

Article 5

Article 21

Article 6

Article 22

Article 7

Article 23

Article 8

Article 24

Article 9

Article 25

Article 10

Article 26

Article 18

Article 27

Article 19

Article 28

Article 20

Article 29

Article 21

Article 30

Article 22

Article 32

Article 11

Article 33

Article 23

Article 34

Article 24

Article 35

—

—

Article 36

—

—

Article 37

—

Article 12

Annex I

Annex I

Annex II

Annex II

Annex III

Annex III