5.7.2005 Official Journal of the European Union L 172)1 | (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 1039/2005 of 21 June 2005 amending Regulation (EEC) No 1907/90 as regards the marking of eggs THE COUNCIL OF THE EUROPEAN UNION, parliaments in the European Union, annexed to the Treaty on European Union and to the Treaties estab- Having regard to Council Regulation (EEC) No 2771/75 of 29 lishing the European Communities. October 1975 on the common organisation of the market in eggs (1), and in particular Article 2(2) thereof, (3)  Regulation (EEC) No 1907/90 should therefore be . o amended accordingly, Having regard to the proposal from the Commission, HAS ADOPTED THIS REGULATION: Whereas: (1)  From 1 July 2005, eggs sold on a local public market Article 1 must be. st.amped with a code design.at.ing the produc§r's The last subparagraph of Article 2(3) of Regulation (EEC) No distinguishing number and permitting the farming 1907/90 is hereby replaced by the following: method to be identified in accordance with Article 7(1)(a) of Council Regulatior.l (EEC) No 1907/90 of 26 ‘However, eggs sold by the producer on a local public market June 1990 on certain marketing standards for eggs (°). In shall carry the code defined in Article 7(1)(a). Member States some Member States, this requirement could create diffi- may exempt producers of eggs whose holding does not culties .for .small, low—incorpe .holdings, Where. cgg exceed 50 laying hens from this requirement, provided that produc.tlon is often only a sideline. As the POSSlblhtY those eggs are sold on a local public market in the region of of selling thes.e table €ggs on local public markets 15 of production of the Member State concerned and that the great economic and social importance for such holdings, name and address of the holding are indicated at the place Member States should be permitted to exempt them of sale’ from the compulsory marking requirement. A derogation should therefore be laid down to this end for holdings Article 2 with up to 50 laying hens. This Regulation shall enter into force on the third day following () Given the urgency of the matter, it is imperative to grant its publication in the Official Journal of the European Union. an exception to the six-week period referred to in paragraph I(3) of the Protocol on the role of national It shall apply from 1 July 2005. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Luxembourg, 21 June 2005. For the Council The President F. BODEN () O) L 282, 1.11.1975, p. 49. Regulation as last amended by Commission Regulation (EC) No 806/2003 (O] L 122, 16.5.2003, p- 1). (®» O] L 173, 6.7.1990, p. 5. Regulation as last amended by Commission Regulation (EC) No 2052/2003 (O] L 305, 22.11.2003, p. 1).