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Document 02023R2465-20231108
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
Consolidated text: 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
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
02023R2465 — EN — 08.11.2023 — 000.001
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COMMISSION DELEGATED REGULATION (EU) 2023/2465 of 17 August 2023 (OJ L 2465 8.11.2023, p. 1) |
Corrected by:
Corrigendum, OJ L 90278, 3.5.2024, p. 1 ((EU) 2023/24652023/2465) |
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
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:
the classification criteria;
the preservation and handling;
the marking and packing requirements;
the use of optional reserved terms;
the tolerance levels;
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:
‘pack’ means a wrapping containing Class A or Class B eggs, excluding transport packaging and containers of industrial eggs;
‘loose egg sales’ means the offer for retail sale of eggs to the final consumer, other than in packs;
‘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;
‘food industry’ means any establishment producing egg products intended for human consumption, excluding mass caterers;
‘non-food industry’ means any business producing products containing eggs not intended for human consumption;
‘mass caterers’ means the establishments referred to in Article 2(2), point (d), of Regulation (EU) No 1169/2011;
‘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;
‘broken eggs’ means eggs showing breaks of both the shell and the membranes, resulting in the exposure of their contents;
‘incubated eggs’ means eggs from the time of insertion in the incubator onwards;
‘industrial eggs’ means eggs not intended for human consumption;
‘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;
‘repacking’ means the physical transfer of eggs to another pack or the re-marking of a pack containing eggs;
‘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;
‘operator’ means a producer and any other natural or legal person involved in the marketing of eggs;
‘production site’ means an establishment keeping laying hens, registered in accordance with Commission Directive 2002/4/EC ( 1 );
‘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;
‘final consumer’ means the ultimate consumer of a foodstuff who will not use the food as part of any food business operation or activity;
‘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
Class A eggs shall have the following quality characteristics:
shell and cuticle: normal shape, clean and undamaged;
air space: height not exceeding 6 mm, stationary; however, for eggs to be marketed as ‘extra’, it may not exceed 4 mm;
yolk: visible on candling as a shadow only, without clearly discernible outline, slightly mobile upon turning the egg, and returning to a central position;
white: clear, translucent;
germ: imperceptible development;
foreign matter: not permissible;
unintended foreign smell: not permissible.
Article 4
Preservation and handling of eggs
Article 5
Grading of Class A eggs by weight
Class A eggs shall be graded by weight as follows:
XL – very large: weight ≥ 73 g;
L – large: weight ≥ 63 g and < 73 g;
M – medium: weight ≥ 53 g and < 63 g;
S – small: weight < 53 g.
Article 6
Time limit for grading, marking and packing eggs and marking packs
Article 7
Information displayed on transport packaging
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:
the producer’s name and address;
the producer code;
the number of eggs and/or their weight;
the laying date or period;
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.
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.
Article 8
Marking of eggs for cross-border delivery
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
Article 11
Marking of packs
Packs containing Class A eggs shall bear on the outer surface in easily visible and clearly legible type:
the codes of the packing centres where eggs have been packed and, where appropriate, repacked;
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’;
the weight grading in accordance with Article 5;
the date of minimum durability in accordance with Article 9(1), point (f), of Regulation (EU) No 1169/2011;
the wording ‘washed eggs’ for eggs washed in accordance with Article 4 of this Regulation;
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.
For the identification of the farming method only the following terms shall be used:
for conventional farming, the terms set out in Annex I to this Regulation;
for organic production, the terms set out in Article 30(1) of Regulation (EU) 2018/848 of the European Parliament and of the Council ( 2 ).
The meaning of the producer code shall be explained on or inside the pack.
Packs containing Class B eggs shall bear on the outer surface in easily visible and clearly legible type:
the packing centre code;
the quality grading; packs shall be identified either by the words ‘Class B’ or the letter ‘B’;
the packing date.
Article 12
Optional reserved terms concerning quality
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:
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;
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:
the quality grading;
the weight grading in accordance with Article 5;
an indication of the farming method as laid down in Article 11(2);
an explanation of the meaning of the producer code;
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:
the name and address of the operator for whom the eggs are intended;
the name and address of the operator who has dispatched the eggs;
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
The following tolerances shall be allowed when checking batches of Class A eggs:
at the packing centre, just before dispatch: 5 % of eggs with quality defects;
at the other marketing stages: 7 % of eggs with quality defects.
Article 19
Tolerance for egg weight
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
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:
the country of origin;
the farming method as ‘non-EU standard’.
Article 23
Exceptions for the French overseas departments
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.
This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.
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’ |
‘Яйца от кокошки – оглеждани в уголемени клетки’ |
ES |
‘Huevos de gallinas camperas’ |
‘Huevos de gallinas sueltas en el gallinero’ |
‘Huevos de gallinas criadas en jaulas acondicionadas’ |
CZ |
‘Vejce nosnic ve volném výběhu’ |
‘Vejce nosnic v halách’ |
‘Vejce nosnic v klecích/obohacené klece’ |
DA |
‘Frilandsæg’ |
‘Skrabeæg’ |
‘Æg fra stimulusberigede bure’ |
DE |
‘Eier aus Freilandhaltung’ |
‘Eier aus Bodenhaltung’ |
‘Eier aus ausgestalteter Käfighaltung’ |
ET |
‘Vabalt peetavate kanade munad’ |
‘Õrrekanade munad’ |
‘Täiustatud puuris peetavate kanade munad’ |
EL |
‘Αυγά ελεύθερης βοσκής’ |
‘Αυγά αχυρώνα ή αυγά στρωμνής’ |
‘Αυγά αναβαθμισμένων/διευθετημένων κλωβών’ |
EN |
‘Free range eggs’ |
‘Barn eggs’ |
‘Eggs from enriched cages hens’ |
FR |
‘Œufs de poules élevées en plein air’ |
‘Œufs de poules élevées au sol’ |
‘Œufs de poules élevées en cages aménagées’ |
HR |
‘Jaja iz slobodnog uzgoja’ |
‘Jaja iz štalskog (podnog) uzgoja’ |
‘Jaja iz obogaćenih kaveza’ |
GA |
‘Uibheacha saor-raoin’ |
‘Uibheacha sciobóil’ |
‘Uibheacha ó chearca a choinnítear i gcásanna cúbarnaí feabhsaithe’ |
IT |
‘Uova da allevamento all’aperto’ |
‘Uova da allevamento a terra’ |
‘Uova da allevamento in gabbie attrezzate’ |
LV |
‘Brīvās turēšanas apstākļos dētās olas’ |
‘Kūtī dētas olas’ |
‘Uzlabotos sprostos dētas olas’ |
LT |
‘Laisvai laikomų vištų kiaušiniai’ |
‘Ant kraiko laikomų vištų kiaušiniai’ |
‘Pagerintuose narveliuose laikomų vištų kiaušiniai’ |
HU |
‘Szabad tartásban termelt tojás’ |
‘Alternatív tartásban termelt tojás’ |
‘Berendezett, kiscsoportos tartás(technológiá)ban termelt tojás’ |
MT |
‘Bajd tat-tiġieg imrobbija barra’ |
‘Bajd tat-tiġieġ imrobbija ma’ l-art |
‘Bajd tat-tiġieġ imrobbija f’gaġeġ arrikkiti’ |
NL |
‘Eieren van hennen met vrije uitloop’ |
‘Scharreleieren’ |
‘Verrijkte kooi-eieren’ |
PL |
‘Jaja z chowu na wolnym wybiegu’ |
‘Jaja z chowu ściółkowego’ |
‘Jaja z chowu w ulepszonych klatkach’ |
PT |
‘Ovos de galinhas criadas ao ar livre’ |
‘Ovos de galinhas criadas no solo’ |
‘Ovos de galinhas criadas em gaiolas melhoradas’ |
RO |
‘Ouă de găini crescute în aer liber’ |
‘Ouă de găini crescute în hale la sol’ |
‘Ouă de găini crescute în baterii îmbunătățite’ |
SK |
‘Vajcia z chovu na voľnom výbehu’ |
‘Vajcia z podstielkového chovu’ |
‘Vajcia z chovu v obohatených klietkach’ |
SL |
‘Jajca iz proste reje’ |
‘Jajca iz hlevske reje’ |
‘Jajca iz reje v obogatenih kletkah’ |
FI |
‘Ulkokanojen munia’ |
‘Lattiakanojen munia’ |
‘Virikehäkkikanojen munia’ |
SV |
‘Ägg från utehöns’ |
‘Ägg från frigående höns inomhus’ |
‘Ägg från höns i inredda burar’ |
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:
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;
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;
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 m2 at all times. However, where at least 10 m2 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 m2 per hen;
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 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 |
|
( 1 ) Commission Directive 2002/4/EC of 30 January 2002 on the registration of establishments keeping laying hens, covered by Council Directive 1999/74/EC (OJ L 30, 31.1.2002, p. 44).
( 2 ) Regulation (EU) 2018/848 of the European Parliament and of the Council of 30 May 2018 on organic production and labelling of organic products and repealing Council Regulation (EC) No 834/2007 (OJ L 150, 14.6.2018, p. 1).