24.10.2007 Official Journal of the European Union L 280/5 COMMISSION REGULATION (EC) No 1237/2007 of 23 October 2007 amending Regulation (EC) No 2160/2003 of the European Parliament and of the Council and Decision 2006/696/EC as regards the placing on the market of eggs from Salmonella infected flocks of laying hens (Text with EEA relevance) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Regulation (EC) No 2160/2003 of the European Parliament and of the Council of 17 November 2003 on the control of Salmonella and other specified food- borne zoonotic agents (') and, in particular Article 5(6) thereof, Having regard to Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (3, and in particular Article 9 thereof, Whereas: (1) Regulation (EC) No 2160/2003 lays down rules to ensure that proper and effective measures are taken to detect and control Salmonella and other zoonotic agents at all relevant stages of production, processing and distri- bution, particularly at the level of primary production, in order to reduce their prevalence and the risk they pose to public health. (2)  Pursuant to Annex II to Regulation (EC) No 2160/2003, with effect from 72 months after the date of entry into force of that Regulation, eggs may only be used for direct human consumption as table eggs if they originate from a commercial flock of laying hens subject to a national control programme and not under official restriction. (3)  Commission Decision 2006/696/EC of 28 August 2006 laying down a list of third countries from which poultry, hatching eggs, day-old chicks, meat of poultry, ratites and wild game-birds, eggs and egg products and specified pathogen-free eggs may be imported into and transit through the Community and the applicable veterinary certification  conditions, and amending Decisions 93/342/EEC, 2000/585/EC and 2003/812[EC (%) lays () OJ L 325, 12.12.2003, p. 1. Regulation as last amended by Council Regulation (EC) No 1791/2006 (O] L 363, 20.12.2006, p. 1). (® OJ L 139, 30.4.2004, p. 55, as corrected by OJ L 226, 25.6.2004, . 22. Regulation as last amended by Regulation (EC) No 1791/2006. () O] L 295, 25.10.2006, p. 1. down veterinary certification conditions for imports and transit through the Community of eggs and egg products. (4 A high prevalence of Salmonella Enteritidis and Salmonella Typhimurium was detected in flocks of laying hens in Member States during a study carried out in accordance with Commission Decision 2004/665/EC of 22 September 2004 concerning a baseline study on the prevalence of Salmonella in laying flocks of Gallus gallus (*). (5)  According to the Report of the European Food Safety Authority on Trends and Sources of Zoonoses, Zoonotic agents and Antimicrobial Resistance and Foodborne Outbreaks in the European Union in 2005 (°) eggs and egg products are the most important source of known foodborne outbreaks of salmonellosis in humans. In addition, according to that report, Salmonella Enteritidis and Salmonella Typhimurium were responsible for 88 % of the outbreaks where the serovar was demon- strated. (6) In view of the high prevalence of Salmonella Enteritidis and Salmonella Typhimurium in certain Member States, its public health impact and the reluctance of food business operators to trade table eggs from infected flocks, the date on which restrictions on the consumption of table eggs are to apply, should be brought forward but should still allow food business operators sufficient time to comply with the new requirements without causing any disturbance to markets. (7)  However, where a flock of laying hens has been indicated as the source of infection in a food borne outbreak as a result of the epidemiological investigation of food-borne outbreaks in accordance with Directive 2003/99/EC of the European Parliament and the Council of 17 November 2003 on the monitoring of zoonoses and zoonotic agents, amending Council Decision 90/424/EEC  and  repealing  Council  Directive 92/117/[EEC (%), the restrictions on the use of table eggs set out in Annex II to Regulation (EC) No 2160/2003 should apply without delay. (4 O] L 303, 30.9.2004, p. 30. (®) The EFSA Journal (2006), 96. () O] L 325, 12.12.2003, p. 31. Directive as amended by Council Directive 2006/104/EC (O] L 363, 20.12.2006, p. 352).