22.7.89 No L 212/87 (Acts whose publication is not obligatory) COUNCIL COUNCIL DIRECTIVE . of 20 June 1989 on hygiene and health problems affecting the production and the placing on the market of egg products (89/437/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas, in order to ensure the smooth operation of the common market and more especially of the common organization of the market in eggs established by Regulation (EEC) No 2771/75(*), as last amended by Regulation (EEC) No 3907/87 (), and of the common system of trade for ovalbumin and lactalbumin introduced by Regulation (EEC)No02783/75 (¢), as amended by Regulation (EEC)No 4001/87 (7), it is essential that the marketing of egg products should no longer be hindered by disparities existing between Member States in respect of health requirements in this area; whereas this will enable production to be better harmonized and bring about competition on equal terms while assuring consumers of a quality product; (1) O] No € 67, 14. 3. 1987, p. 9 and O] No C 53, 2. 3. 1989, p. 10. (2) OJ No C 187, 18. 7. 1988, p. 184. (*) OJ No C 232, 31. 8. 1987, p. 1. (4) O] No L 282, 1. 11. 1975, p. 49. (°) OJ No L 370, 30. 12. 1987, p. 14. () O] No L 282, 1. 11. 1975, p. 104. . {7) O] No L 377, 31. 12. 1987, p. 44. Whereas the marketing of certain egg products which are not covered by Annex II to the Treaty is closely linked with the marketing of egg products for which a market organization exists; whereas distortions of - competition should be eliminated for all egg products; Whereas it appears appropriate to exclude from the scope of this Directive egg products which are obtained in small scale enterprises, shops or restaurants and used for the- manufacture of foodstuffs intended for direct sale to the final - consumer or to be consumed on the spot; Whereas health requirements should be laid down for the production, storage and transport of egg products; whereas, in .particular, it is important that rules be laid down governing the approval of establishments; Whereas it is important also that the health requirements to be met by egg products be laid down; Whereas the said rules must apply in an identical manner to | intra-Community - trade and to tradé within the: Member States; - Whereas it is the responsibility primarily of producers to ensure that egg products meet the health requirements laid down in this Directive; whereas the competent authorities of the Member States must, by carrying out checks and inspections,- see to -it that producers comply with the abovementioned requirements; whereas the rules governing these checks and inspections - must- take account of the demands of the internal market; Whereas a random check must be made to detect the presence of residues of substances liable to be harmful to human health;