EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2023) XXX  draft  
 
COMMISSION IMPLEMENTING REGULATION (EU) …/...  
of XXX  
laying down rules for the application of Regulation (EU) No 1308/2013 of the European 
Parliament and of the Council as regards marketing standards for poultrymeat    
EN 1  EN COMMISSION IMPLEMENTING REGULATION (EU) …/...  
of XXX  
laying down rules for the application of Regulation (EU) No 1308/2013 of the European  
Parliament and of the Council as regards marketing standards for poultrymeat  
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on the Functioning of the European Union , 
Having regard to  Regulation (EU) No 1308/2013 of the European Parliament and of the  
Council of 17 December 2013 establishing a common organisation of the markets in 
agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, 
(EC) No 1037/2001 and (EC) No 1234/20071, and in particular Article 90a(6),  point s (b) and 
(c), and Article 91, first subparagraph, points (b), (d), (f) and (g) , thereof,  
Whereas:  
(1) Regulation (EU) No 1308/2013 repealed and replaced Council Regulation (EC) No 
1234/20072. Regulation (EU) No 1308/2013 lays down rules on marketing standards 
for poultrymeat and empowers the Commission to adopt delegated and implementing 
acts in that respect. In order to ensure the smooth functioning of the poultrymeat 
market in the new legal  framework, certain rules have to be adopted by means of such 
acts. Those acts should replace the provisions of Commission Regulation (EC) 
No 543/20083, which is repealed by Commission Delegated Regulation (EU) 
2023 /XXX [PLAN/2022/1902, to be completed by OP]4. References to the Repealed 
Regulation should be read in accordance with Annex XII to that Delegated Regulation, 
which provides for a correlation table.    
(2) The provisions of this Regulation and in particular those relating to surveillance and 
enforcem ent should be applied uniformly throughout the Union . Detailed rules 
adopted to those ends should also be uniform. It is therefore necessary to lay down 
common measures in the matter of sampling procedures and tolerances.  
(3) In order to ensure the smooth func tioning of the poultrymeat market, common rules 
have to be laid down concerning the checks that Member States should carry out to 
verify the respect of poultrymeat marketing standards.  
(4) With a view to the uniform application of th e poultrymeat marketing st andards , the 
term ‘batch’ should be defined in the poultrymeat sector.  
                                                 
1 OJ L 347, 20.12.2013, p. 671 . 
2 Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of 
agricultural markets and on specific provisions for certain agricultural products (Single CMO 
Regulation) (OJ L 299, 16.11.2007, p. 1).  
3 Commission Regulation (EC) No 543/2008 of 16 June 2008 laying down detailed rules for the 
application of Council Regulation (EC) No 1234/2007 as regards the marketing standards for 
poultrymeat (OJ L 157, 17.6.2008, p. 46).  
4 Commission Delegated Regulation (EU)  2023 /XXX [PLAN/2022/1902, to be completed by OP]  
supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council a s 
regards marketing standards for poultrymeat, and repealing Commission Regulation (EC) No 543/2008  
(OJ L […], […], p. […]).  
EN 2  EN (5) In order to avoid consumer deception, and in view of economic and technological 
developments in the production of poultrymeat, the maximum water content of 
poultrymeat should be fixed a nd a monitoring system both in slaughterhouses and at 
all marketing stages should be defined without violating the principle of the free 
circulation of products in a single market . 
(6) In order to ensure the respect of the marketing standards rules, i t is nece ssary to lay 
down provisions on the action to be taken if a check reveals an irregularity in a 
consignment, where the products do not satisfy the requirements of this Regulation. A 
procedure should be established for the settlement of disputes which may ar ise in 
respect of consignments  in the internal market , including the cooperation of the 
national authorities with the Commission in order to carry out inspections on the spot . 
(7) In order to ensure the smooth functioning of the market, provision should be made for 
the Member States to check the water content of frozen and quick -frozen poultry. With 
a view to ensuring the uniform application of this Regulation, provisions should be 
made for Member States to inform the Commission and the other Member States o f 
the results of the checks . 
(8) The measures provided for in this Regulation are in accordance with the opinion of the 
Committee for the Common Organisation of the Agricultural Markets,  
HAS ADOPTED THIS REGULATION:  
Article 1  
Subject matter  
 
This Regulation la ys down common rules for the implementation of marketing standards for 
poultrymeat  laid down in Delegated Regulation (EU) 2023 /XXX [PLAN/2022/1902, to be 
completed by OP] , in particular as regards : 
(a) the checks of conformity with the marketing standard for p oultrymeat;  
(b) the cooperation and assistance between competent authorities with regard to certain 
conformity checks referred to in point (a);  
(c) the records to be kept by operators;  
(d) the methods of analysis.  
Article 2  
Definitions  
The definitions provided for in Article 2 of Delegated Regulation (EU) 2023 /XXX  
[PLAN/2022/1 902, to be completed by OP]  shall apply to this Regulation . 
Article 3  
Checks of anatomical conformity  
1. Batches of poultrymeat shall be checked regularly, with appropriate frequencies 
determined on a risk basis,  for conformity with Articles 2, 4 and 8 of Delegated 
Regulation (EU) 2023/ XXX  [PLAN/2022/1902, to be completed by OP] . Decisions 
arising from failure to comply in accordance with this Article may only be taken for 
the whole batch which has be en checked.   
EN 3  EN For the purposes of this Regulation, a ‘batch’  is composed of a minimum of 100 
units of  poultrymeat of the same species and cut, the same class, the same production 
run, from the same slaughterhouse or cutting plant, situated in the same place,  which 
is to be inspected.  
2. A sample shall be drawn at random for each batch of each of the products referred to 
in Article 2 of Delegated Regulation (EU) 2023/ XXX  [PLAN/20 22/1902, to be 
completed by OP]  to be inspected in slaughterhouses, cutting plants, w holesale and 
retail warehouses or at any other stage of marketing, including during transport or, in 
the case of imports from third countries, at the time of customs clearance. The size of 
the sample and the tolerable number of defective units per batch si ze shall be as 
follows:  
Batch size  – Sample size  Tolerable number of defective units  
Total  For Article 2, points (1)(1) and (3), 
and Article 8(1) of 
Delegated Regulation 
(EU) 2023/X XX 
[PLAN/2022/1902, to be 
completed by OP]  
 
1  2 3 4 
100 to 500  30 5 2 
501 to 3 200  50 7 3 
> 3 200  80 10 4 
(1) Tolerance within each species from Article 2(1) of Delegated Regulation (EU) 2023/ XXX  [PLAN/2022/1902, to be completed by OP] , not from one species to another 
 
3. The total tolerable number of defective units within a batch is laid down in column 3 
of the table referred to in paragraph 2.  
However, the number of defective units not complying with Article 2, points (1) and 
(3), or with Article 8(1) of Delegated Regula tion (EU) 2023/XXX  
[PLAN/2022/1902, to be completed by OP] , shall not exceed the figures shown in 
column 4 of the table.  
As regards products referred to in Article 2, point (3), of Delegated Regulation (EU) 
2023/XXX  [PLAN/2022/1902, to be completed by OP] , no defective unit shall be 
tolerable in a batch unless it be of a weight of at least 240 g in the case of duck livers 
and of at least 385 g in the case of goose livers . 
4. For poultrymeat graded as class B, the tolerable number of defective units per batch 
shall be doubled.  
5. Where the checked batch does not comply, the supervising agency shall prohibit its 
marketing or, if the batch comes from a third country, its import, unless and until it is 
proven that the batch has been rectified to comply with Articles 2  and 8 of Delegated 
Regulation (EU) 2023/ XXX  [PLAN/2022/1902, to be completed by OP] by 
removing all defective units.   
EN 4  EN Article 4  
Checks of optional reserved terms  
1. Food business operators marketing products that use the terms referred to in Article 
10 of Delegated Regulation (EU) 2023/ XXX  [PLAN/2022/1902, to be completed by 
OP] shall be subject to special registration.  
2. Inspections regarding compliance with Articles 10 and 11 of Delegated Re gulation 
(EU) 2023/ XXX  [PLAN/2022/1902, to be completed by OP] shall be carried out 
with appropriate frequencies determined on a risk basis  at: 
(a) the farm;  
(b) the feed manufacturer and supplier;  
(c) the slaughterhouse;  
(d) the hatchery.  
3. Each Member State shall make a vailable to the other Member States and to the 
Commission, by every appropriate means, including publication on the Internet, the 
updated list of the approved food business operators  registered in accordance with 
paragraph 1, showing their name and address  and the number allotted to each of 
them.  
Article 5  
Analysis of technically unavoidable water content in chicken carcasses  
1. The method of analysis for technically unavoidable water content value referred to in 
Article 1 4(2) of Delegated Regulation (EU) 2023 /XXX  [PLAN/2022/1902, to be 
completed by OP] is laid down in Annex I to this Regulation (‘chemical method’).  
2. The competent authorities designated by each Member State shall ensure that the 
slaughterhouses adopt all measures necessary to comply with Articl e 14 of Delegated 
Regulation (EU) 2023/ XXX  [PLAN/2022/1902, to be completed by OP] , in 
particular that:  
(a) samples for monitoring water absorption during chilling and water content of 
frozen and quick -frozen chicken carcasses are taken ; 
(b) results of the checks  are recorded and kept for a period of one year ; 
(c) each batch is marked with its date of production; the date of production of each 
batch shall be part of the production record.  
 Article 6  
Checks of water absorbed and total water content in chicken carcasses  
1. Regular checks in accordance with Annex III on the water absorbed shall be carried 
out in the slaughterhouses , with appropriate frequencies determined in procedures 
developed  in accordance with the HACCP principles pursuant to Regulation (EC) No 
852/2004  of the European Parliament and of the Council5. 
                                                 
5 Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the 
hygiene of foodstuffs  (OJ L 139 , 30.4.2004, p. 1).   
EN 5  EN Where these checks reveal that the amount of water absorbed is greater than the 
thresholds set  out in Annex I X to Delegated Regulation (EU) 2023/ XXX  
[PLAN/2022/1902, to be completed by OP] , the necessary tec hnical adjustments 
shall be made immediately by the slaughterhouse to the process.  
2. Competent authorities shall carry out checks on water content  regularly, with 
appropriate frequencies determined on a risk basis  and by sampling, on frozen and 
quick -frozen chicken carcasses from each slaughterhouse using the method of 
analysis referred to in Article 5(1). These checks shall not be conducted for carcases 
in respect of which proof is provided to the competent authority that they are 
intended exclusively for ex port. 
3. If the result of the checks referred to in paragraph 2 exceed the values  referred to in 
Article 14( 2) of Delegated Regulation (EU) 2023/ XXX  [PLAN/2022/1902, to be 
completed by OP] , the slaughterhouse concerned may request that a counter -analysis 
of a batch be carried out in the reference laboratory of the Member State, using a 
method to be chosen by the competent authority of the Member State. The costs of 
this counter -analysis shall be borne by the holder of the batch.  
4. Where the batch in question is deemed after such counter -analysis not to comply 
with this Regulation, it shall remain under the supervision of the competent authority 
until it is dealt with in accordance with this paragraph or otherwise disposed of.  
5. If it is certified to the competent a uthority that the batch referred to in the first 
subparagraph is to be exported, the competent authority shall take all necessary 
measures to prevent the batch in question from being marketed within the Union.  
6. The competent authority may authorise the mark eting within the Union of the batch 
in accordance with Article 14 (4) of Delegated Regulation 2023/ XXX  
[PLAN/2022/1902, to be completed by OP] .  
7. Paragraphs 2, 3 and 4 shall apply mutatis mutandi s to imported frozen and quick -
frozen chicken carcasses at the time of customs clearance.  
Article 7  
Cooperation and assistance on water content controls  
1. The Member State of destination may, where there are serious grounds for suspecting 
irregularities, carry out non -discriminatory random checks of frozen or quick -frozen 
chicken carcasses in order to verify that a consignment meets the requirements of 
Article 14 of Delegated Regulation 2023/ XXX  [PLAN/2022/1902, to be completed 
by OP] . 
2. The checks referred to in paragraph 1 shall be carried out at the place of destination  
of the goods or at another suitable place, provided that in the latter place is not at the 
border and interferes as little as possible with the routing of the goods and that the 
goods may proceed normally to their destination once the sample has been take n. 
However, the products concerned shall not be sold to the final consumer until the 
result of the checks prove the compliance with Article 14 of Delegated Regulation 
(EU) 2023/ XXX  [PLAN/2022/1902, to be completed by OP] .  
Such checks shall be carried out as quickly as possible to avoid undue delays in 
placing the products on the market, or cause delays which impair the products’ 
quality.   
EN 6  EN Results of these checks and any subsequent decisions and the grounds for taking 
them shall be notified at the latest tw o working days after sampling to the consignor, 
the consignee or their representative. Decisions taken by the competent authority of 
the Member State of destination and the reasons for such decisions shall be notified 
to the competent authority of the Memb er State of dispatch.  
If the consignor or his representative so requests, the decisions and reasons for them 
shall be forwarded to him in writing with details of the rights of appeal which are 
available to him under the law in force in the Member State of destination and of the 
procedure and time limits applicable.  
3. If the result of the checks referred to in paragraph 1 exceeds the values  referred to in 
Article 14( 2) of Delegated Regulation (EU) 2023/ XXX  [PLAN/2022/1902, to be 
completed by OP] , the holder of  the batch concerned may request that a counter -
analysis be carried out in one of the reference laboratories of the Member States from 
among the list published by the Commission on the Europa website, using the same 
method of analysis as used for the initi al test. The costs of this counter -analysis shall 
be borne by the holder of the batch. The tasks of reference laboratories are set out in 
Annex IV  to this Regulation .  
4. If, after a check carried out in accordance with paragraphs 1 and 2 and, if requested, 
after a counter -analysis, it is found that the frozen or quick -frozen chicken carcasses 
do not comply with Article 14( 2) of Delegated Regulation 2023/ XXX  
[PLAN/2022/1902, to be completed by OP] , the competent authority of the Member 
State of destination sha ll apply the procedures provided for in Article 6(4) of this 
Regulation .  
5. In the cases provided for in paragraphs 3 and 4, the competent authority of the 
Member State of destination shall contact the competent authorities of the Member 
State of dispatch without delay. The latter authorities shall take all necessary 
measures and notify the competent authority of the Member State of destination of 
the nature of the checks carried out, the decisions taken and the reasons for such 
decisions.  
Where the checks referred to in paragraphs 1 and 3 show repeated irregularities, or 
where such checks, in the view of the Member State of dispatch, are carried out 
without sufficient justification, the competent authorities of the Member States 
concerned shall inform the C ommission.  
The Commission, acting on its own initiative to ensure uniform application of th e 
poultrymeat marketing standards  or at the request of the competent authority of the 
Member State of destination, may:  
(a) request the cooperation of the competent nat ional authorities of the Member 
State concerned  to carry out on -the-spot inspections  in the establishment 
concerned ; or 
(b) request the competent authority of the Member State of dispatch to intensify 
the frequency of controls and increase the sampling of the products of the 
establishment concerned and if necessary, to apply sanctions.  
The Commission shall inform the Member States of its findings. Member States in 
whose territory an inspection is carried out shall provide the Commission personnel 
all the assist ance necessary for the performance of their tasks.   
EN 7  EN Pending the Commission’s findings, the Member State of dispatch shall, at the 
request of the Member State of destination, increase the frequency of checks on 
products coming from the establishment concern ed.  
Where these measures are taken to address repeated irregularities in an 
establishment, the costs incurred due to the application of the measures laid down in 
the third subparagraph, points (a) and (b), shall be borne by the establishment 
concerned . 
Article 8  
Checks of water absorbed and total water content in pou ltrymeat cuts  
1. The method of analysis referred to in Article 1 4(3) of Delegated Regulation (EU) 
2023/ XXX  [PLAN/2022/1902, to be completed by OP] is laid down in Annex II to 
this Regulation (‘chemical method ’). 
2. The competent authorities designated by each Member State shall ensure that the 
slaughterhouses and cutting plants, whether or not attached to slaughterhouses, adopt 
all measures necessary to comply with the provisions of Article 1 4 of De legated 
Regulation (EU) 20023/ XXX  [PLAN/2022/1902, to be completed by OP] and in 
particular that:  
(a) except for air chilling of turkey carcases, regular checks on water absorbed are 
carried out in the slaughterhouses in accordance with Article 6(1) also for 
chicken and turkey carcases intended for the production of the fresh, frozen 
and quick -frozen cuts listed in Article 1 4(3) of Delegated Regulation (EU) 
2023/ XXX  [PLAN/2022/1902, to be completed by OP] ;   
(b) results of the checks are recorded and kept for a pe riod of one year;  
(c) each batch is marked with its date of production; the date of production of each 
batch shall be part of the production record.  
3. Checks on the water content referred to in paragraph 1 shall be carried out, with 
appropriate frequencies dete rmined on a risk basis and by sampling, on frozen and 
quick -frozen poultry cuts from each cutting plant producing such cuts, in accordance 
with Annex II. These checks may not be conducted for poultry cuts in respect of 
which proof is provided to the compet ent authority that they are intended exclusively 
for export.  
4. Article 6(2) to (5) and Article 7 shall apply, mutatis mutandis , for poultry cuts 
referred to in Article 1 4(3) of Delegated Regulation (EU) 2023/ XXX  
[PLAN/2022/1902, to be completed by OP] . 
 Article 9  
Notifications  
The notifications to the Commission referred to in this Regulation shall be made in 
accordance with Commission Delegated Regulation (EU) 2017/11836 and Commission 
Implementing Regulation (EU) 2017/11857. 
                                                 
6 Commission Delegated Regulation (EU) 2017/1183 of 20 April 2017 on supplementing Regulations 
(EU) No 1307/2013 and (EU) No 1308/2013 of the European Parliament and of the Council with regard 
to the notifications to the Commission of i nformation and documents (OJ L 171, 4.7.2017, p. 100).   
EN 8  EN Article 10  
Entry into force  
This Regulation shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union . 
This Regulation shall be binding in its entirety and directly applicable in all Member States.  
Done at Brussels,  
  
 For the Commission  
 The President  
 Ursula von der Leyen  
                                                                                                                                                         
7 Commission Implementing Regulation (EU) 2017/1185 of 20 April 2017 laying down rules for the 
application of Regulations (EU) No 1307/2013 and (EU) No 1308/2013 of the European Parliament and 
of the C ouncil as regards notifications to the Commission of information and documents and amending 
and repealing several Commission Regulations (OJ L 171, 4.7.2017, p. 113).