7.7.2006 Official Journal of the European Union L 186/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 1028/2006 of 19 June 2006 on marketing standards for eggs THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 2771/75 of 29 October 1975 on the common organisation of the market in eggs (1), and in particular Article 2(2) thereof, Having regard to the proposal from the Commission, Whereas: (1)  Marketing standards for eggs can contribute to the improvement in the quality of eggs and, consequently, facilitate their sale. It is therefore in the interest of producers, traders and consumers that marketing standards are applied in respect of eggs. (2)  The experience gained from the application of Council Regulation (EEC) No 1907/90 of 26 June 1990 on certain marketing standards for eggs(?) has made apparent the need for further amendments and simplifi- cation. Regulation (EEC) No 1907/90 should therefore be repealed and replaced by a new Regulation. (3)  The standards should in principle be applicable to all eggs of hens of the species Gallus gallus marketed in the Community. Nevertheless, it appears advisable to give to the Member States the possibility to exempt from the application of those standards eggs sold through certain forms of direct sale from the producer to the final consumer where small quantities are involved. (") OJ L 282, 1.11.1975, p. 49. Regulation as last amended by Regu- lation (EC) No 679/2006 (O] L 119, 4.5.2006, p. 1). (® OJ L 173, 6.7.1990, p. 5. Regulation as last amended by Regulation (EC) No 1039/2005 (OJ L 172, 5.7.2005, p. 1). 4 A cear distinction should be drawn between eggs suitable for direct human consumption and eggs not suitable for direct human consumption, which are for use in the food or non-food industry. Two quality classes of eggs, Class A and Class B, should therefore be distinguished. (5) It should be possible for the consumer to distinguish between eggs of different quality and weight grades and to identify the farming method used in accordance with Commission Directive 2002/4/EC of 30 January 2002 on the registration of establishments keeping laying hens, covered by Council Directive 1999/74/EC (}). This requirement should be met by marking eggs and packs. (6)  Class A eggs should be marked with the distinguishing number of the producer as provided for in Directive 2002/4[EC in order to enable the tracing of eggs placed on the market for human consumption. Class B eggs should also be marked in order to prevent frau- dulent practices. However, it should also be possible for Class B eggs to be marked with an indication other than the producer code as long as it allows for the distinction between different quality gradings. In accordance with the principle of proportionality, the Member States should be allowed to provide for dero- gations where class B eggs are marketed exclusively on their territory. (7  In order to prevent fraudulent practices, eggs should be marked as early as possible after laying. (8)  Packing centres that are approved in accordance with 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 (%) should grade eggs by quality and weight. Packing centres working exclusively for the food and non-food industry should not be required to grade eggs by weight. () OJ L 30, 31.1.2002, p. 44. Directive as amended by the 2003 Act of Accession. (% O] L 139, 30.4.2004, p. 55. Corrected version in O] L 226, 25.6.2004, p. 22. Regulation as last amended by Commission Regu- lation (EC) No 2076/2005 (O] L 338, 22.12.2005, p. 83).