6. 7. 90 No L 173/5 Official Journal of the European Communities COUNCIL REGULATION (EEC) No 1907/90 of 26 June 1990 on certain marketing standards for eggs THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 2771/75 of 29 October 1975 on the common organization of the market in eggs ('), as last amended by Regulation (EEC) No 1235/89 (3, and in particular Article 2 (2) thereof, Having regard to the proposal from the Commission, Whereas Regulation (EEC) No 2771/75 provides for the setting of marketing standards which may relate in parti- cular to grading by quality and weight, packing, ware- housing, transport, presentation and marking of eggs; Whereas such standards can contribute to an improve- ment in the quality of €ggs and, consequently, facilitate their sale : whereas it is therefore in the interest of produ- cers, traders and consumers that marketing standards should be applied in respect of hen eggs suitable for human consumption ; Whereas Regulation (EEC) No 2772/75(°) laid down certain marketing standards for eggs ; whereas those stan- dards need to be reviewed regularly in order to provide better guarantees and more accurate information to the ultimate consumer of eggs, in particular in the light of evolving trade practices ; Whereas experience with the existing standards and consultation of both trade and consumers’ representative organizations have made apparent the need for further amendments and for certain detailed rules to be adopted in accordance with Article 17 of Regulation (EEC) No 2771/75 in order to facilitate future amendments; Whereas in order to fix such standards a clear distinction must be drawn between eggs suitable for human consumption and eggs, in particular broken or incubated eggs, which are not, and which, in principle, are for use in industries other than the food industry; whereas such rules also require that eggs of other kinds should not be mixed with hen eggs; Whereas the standards must be applicable to all hen eggs marketed on the territory of the Community ; whereas it () OJ No L 282, 1. 11. 1975, p. 49. () OJ No L 128, 11. 5. 1989, p. 29. () O] No L 282, 1. 11. 1975, p. 6. nonetheless seems advisable to exclude from the scope of their application certain forms of sale from producer to consumer where small quantities are involved ; whereas, moreover eggs delivered from the place of production to a packing centre or to certain wholesale markets and eggs intended for use in the food industry should be exempted from grading and marking ; Whereas, therefore, a list should be drawn up of suppliers to undertakings entitled to grade eggs by quality and weight ; Whereas the grading of eggs should be confined solely to undertakings which are adequately equipped for the purpose ; Whereas the quality requirements for eggs must be easy for consumers to undertand and must be in keeping with the efforts at rationalization made at all stages of distribu- tion ; whereas, therefore, a limited but adequate number of quality and weight grades should be laid down; Whereas the consumer must be able to distinguish between eggs of different quality and weight grades; whereas this requirement can be met by marking the eggs and packs; Whereas it is necessary to determine the indications that may or must be used on packs ; whereas the use of certain optional indications must be subject to detailed rules to be adopted in accordance with the procedure laid down in Article 17 of- Regulation (EEC) No 2771/75; Whereas the marking of ‘fresh eggs’ can be optional, since the obligatory marking of other eggs enables them to be easily distinguished ; Whereas anyone marketing ‘fresh eggs’\ should be permltted to stamp such eggs . with other partlculars serving publicity purposes ; Whereas it is desirable that operators should be permitted to stamp certain indications already provided for in the case of small packs directly on eggs; whereas the use of these indications should be made subject to conditions analogous to those provided for in the case of packs, as well as to rigorous surveillance ; whereas in the case of eggs intended for loose sales, the grading date should replace the packing date; Whereas any other markings might affect trading condi- tions in the Community;