EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2023) XXX  draft  
 
COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the 
Council as regards marketing standards for poultrymeat, and repealing Commission 
Regulation (EC) No 543/2008    
EN 1  EN EXPLANATORY MEMORANDUM  
1. CONTEXT  OF THE  DELEGATED  ACT  
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 (‘CMO Regulation ’), lays down rules on marketing standards  for 
poultrymeat  and empowers the Commission to adopt delegated acts 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 ac ts. Those acts should 
replace Commission Regulation (EC) No 5 43/20082, which should therefore be repealed.  
In its Communication ‘A Farm to Fork Strategy for a fair, healthy and environmentally -
friendly food system’ , the Commission announced, the revision of marketing standards to 
provide for the uptake and supply of sustainable agricultural products and to reinforce the role 
of sustainability criteria taking into account the possible impact of these standards on food 
loss and waste.  
This Delegated Regulati on presents certain changes to the existing legal framework to 
reinforce sustainability.  
2. CONSULTATIONS  PRIOR  TO THE  ADOPTION  OF THE  ACT  
The Commission consulted experts from the Member States within the Expert Group for 
Agricultural Markets, sector Anim al Products, in the meeting s of 20 October  2022, 17 
November 2022, 15 December 2022, 19 January 2023 and 22 February 2023 . 
The Commission transmitted the draft delegated act to the European Parliament and to the 
Council, when convening the Expert Group mee tings.  
The draft delegated regulation was posted in the European Commission portal “Have your 
say” from xx xxx  to xx xxx  2023 to gather the views of citizens and stakeholders. It received 
feedback by x stakeholders. Those requests and suggestions …  
WTO partners were notified . 
3. LEGAL  ELEMENTS  OF THE  DELEGATED  ACT  
The act contains 19 articles which include provisions from Commission Regulation (EC) No 
543/2008 that have to be implemented by delegated acts, in accordance with the delegation 
given in Artic les 75(2), 79, 86(a) and 89 of the CMO Regulation. Those provisions relate to 
the classification criteria, the marking and packing requirements, the type of farming and 
production method, the preservation and handling, the use of optional reserved terms, t he 
tolerance levels and the conditions for imports and exports.  
The Delegated Regulation builds on the existing legal framework and presents certain 
changes, taking account, amongst others, sustainability concerns and new expectations from 
consumers.  
                                                 
1 OJ L 347, 20.12.2013, p. 671.  
2 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 1 57, 17.6.2008, p. 46).  
EN 2  EN Compa red to the currently applicable legal framework, this delegated act introduces the 
following main amendments : 
– Clarifying the scope, circumscribed to the poultrymeat products listed in Article 2 of 
this Regulation.  
– Adding the definition of new products and adjusting existing definitions to ensure 
transparency in business -to-business transactions and take into account consumer 
expectations.  
– Simplifying requirements on the labelling and presentation of poultrymeat.  
– Allowing terms other than those currently lis ted in Commission Regulation 
543/2008, to cover different farming methods with sustainability characteristics.  
– Aligning rules on “free range” marking to those applicable for eggs when birds are 
prevented access to open air runs on the basis of Union legisl ation .  
EN 3  EN COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the 
Council as regards marketing standards for poultrymeat, and repealing Commission 
Regulation (EC) No 543/2008  
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 1234/20073, and in particular Article 75(2), Article 79, 
Article 86, point (a) , and Article 89 thereof , 
Whereas:  
(1) In its communication of 20 May 2020 entitled ‘ A Farm to Fork Strategy for a fair, 
healthy and environmentally -friendly food system ’4, the Commission  announc ed the 
revis ion of  marketing standards to provide for the uptake and supply of sustainable 
agricultural products and to reinforce the role of sustainability criteria taking into 
account the possible impact of these standards on food loss and waste . Within this 
context the existing poultrymeat  marketing standards should also be modified taking 
into account technical developments and consumer demand and the evolution of avian 
influenza as a risk factor for producers of free range poultrymeat . 
(2) Regulation (EU) No 1308/2013 repealed and replaced Council Regulation (EC) No 
1234/20075. Part II, Title II, Chapter I, Section 1,  of 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. This Regulation and 
Commission Implementing Regulation (EU) 2023 /XXX6 [PLAN/2022/1905, to be 
completed by OP] should replace Commissio n Regulation (EC) No  543/20087, which 
should therefore be repealed.  
                                                 
3 OJ L 347, 20.12.2013, p. 671 . 
4 COM/2020/381 final . 
5 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 ). 
6 Commission Implementing Regulation 2023 /XXX [PLAN/2022/ 1905, to be completed by OP]  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 .  
7 Commission Regulation (EC) No 543/2008 of 16 June 2008 layin g 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).   
EN 4  EN (3) In order to allow for the smooth functioning of the poultrymeat market, marketing 
standards for poultrymeat should cover the classification criteria, the presentation, 
marking and packing  requirements, the type of farming and production method, the 
preservation and handling, the use of optional reserved terms, the tolerance levels and 
the conditions for imports. Since all these aspects are closely interlinked, the rules on 
marketing standa rds for poultrymeat should be maintained as a coherent set of rules, 
and therefore be laid in one delegated act . 
(4) In order to provide for the marketing of poultry meat  in different classes according to 
conformation and appearance, it is necessary to lay down  definitions relating to 
species, age and presentation in the case of carcases, and anatomical conformation and 
content in the case of poultry cuts. In the case of the product known as ‘foie gras’ the 
high value and consequent risk of fraudulent practices make it necessary to lay down 
especially precise minimum marketing standards . 
(5) It is not necessary for th ose standards to be applied to certain products and 
presentations which are of local or otherwise limited importance. However, names 
under which such pr oducts are sold should not be such as to mislead the consumer to a 
material degree by causing confus ion him to confuse these products with products 
which are subject to the standards. Similarly, additional descriptive terms used to 
qualify the names of suc h products should also be subject to the standards . 
(6) With a view to the uniform application of this Regulation, the terms ‘carcase’, ‘cuts’ 
and ‘marketing’ should be defined.  
(7) Storage and handling temperature is of crucial importance to the maintenance of hi gh 
standards of quality. Therefore, it is appropriate to lay down a minimum temperature 
at which chilled poultrymeat products are to be kept  as well as on tolerances regarding 
such minimum temperature . 
(8)  Among the indications which may optionally be used on  the labelling are those 
concerning the method of chilling and particular types of farming. The use of the 
latter, in the interest of consumer protection, needs to be subject to compliance with 
closely defined criteria concerning husbandry conditions, age at slaughter, length of 
fattening period or feed composition . 
(9) When ‘free -range farming’ is indicated on the label for meat from ducks and geese 
kept for foie gras production, it is necessary also to provide an indication of the latter 
on the label to ensur e that the consumer has full information on the products’ 
characteristics . 
(10)  In the interest of consumer protection, Member States should exercise permanent 
surveillance of the compatibility of poultrymeat products sold in their territories with 
Union law, including the marketing standards and any national measures adopted 
pursuant to those provisions. Undertakings using terms referring to particular types of 
farming should be inspected and maintain detailed records for this purpose . 
(11) In view of the specialis ed nature of the inspections, the competent authorities of the 
Member States concerned should be able to delegate responsibility for them to 
properly qualified and duly licensed outside bodies, without prejudice to appropriate 
supervision and precautions. Rules should be laid down for this purpose . 
(12) Operators in third countries may wish to make use of the optional indications 
concerning chilling methods and types of farming. In order to ensure that consumers 
benefit from accurate and reliable information, p rovision should be made for them to  
EN 5  EN do so, subject to appropriate certification by the competent authority of the third 
country concerned, which appears on a list established by the Commission . 
(13)  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 and a monitoring system both in slaughterhouses and at 
all marketing stages should be defined without violating the principle of the f ree 
circulation of products in the single market . 
(14) Water absorption in the production establishment should be verified and reliable 
methods for the determination of the content of water added during the preparation of 
carcases of frozen or quick -frozen poul try should be established without a distinction 
being made between physiological liquid and other water originating from the 
preparation of the poultry given that such a distinction would entail practical 
difficulties . 
(15)  The marketing of non -conforming poul trymeat without a suitable indication on the 
packaging should be prohibited. As a result, it is necessary to adopt rules with regard 
to the indications to be marked on individual and bulk packaging depending on their 
destination so as to facilitate checks and to ensure that they are not used other than for 
their intended use . 
(16) Union and national reference laboratories should be designated for the harmonisation 
of requirements concerning water content,  
HAS ADOPTED THIS REGULATION:  
Article 1  
Subject matter  
This Regulation supplements Regulation (EU) No 1308/2013 with rules on the marketing 
standards for poultrymeat, in particular:  
(a) the classification criteria  and definitions ; 
(b) the presentation, marking and packing requirements;  
(c) the type of farming and production method;  
(d) the preservation and handling;  
(e) the use of optional reserved terms;  
(f) the tolerance levels;  
(g) the conditions for imports.  
Article 2  
Scope  
This Regulation applies to the poultrymeat products listed in this Article. Products other than 
those referred to in this Article  may be marketed in the Union only under names which do not 
mislead the consumer by allowing confusion with those referred to in this Article or with  
EN 6  EN indications provided for in Article 10 , in compliance with the provisions laid down in 
Regu lation (EU) No 1169/2011 of the European Parliament and of the Council8. 
For the purpose s of this Regulation the products referred to in Article 75(1) , point (g), of 
Regulation (EU) No 1 308/2013 are defined as follows  and the corresponding terms in the 
other official  languages of the Union are listed in Annex I :  
(1) Poultry carcasses  
(a) DOMESTIC FOWL (Gallus domesticus)  
(i) chicken, broiler: fowl in which the tip of the sternum is flexible (not 
ossified) ; 
(ii) cock, hen, casserole or boiling fowl: fowl in which the tip of the sternum is 
rigid (ossified) ; 
(iii) capon: male fowl castrated surgically before reaching sexual maturity and 
slaughtered at a minimum age of 140 days: after castration the capons 
must be fattened for at least 77 days ; 
(iv) poussin, coq uelet: chicken of less than 650 g carcase weight (expressed 
without giblets, head and feet); chicken of 650 g to 750 g may be called 
‘poussin’ if the age at slaughter does not exceed 28 days. Member States 
may apply Article 4 of Implementing Regulation (EU ) 2023 /XXX  
[PLAN/2022/1905, to be completed by OP]  for the checking of this 
slaughter age ; 
(v) brother cock: male chicken of laying strains in which the tip of the sternum 
is rigid but not completely ossified and of which the age at slaughter is at 
least 7 0 days;  
(b) TURKEYS (Meleagris gallopavo dom.)  
(i) (young) turkey: bird in which the tip of the sternum is flexible (not ossified) ; 
(ii) turkey: bird in which the tip of the sternum is rigid (ossified);  
(c) DUCKS (Anas platyrhynchos dom., Cairina m oschata), Mulard  ducks (Cairina 
moschata x Anas platyrhynchos)  
(i) young duck or duckling, (young) Muscovy duck, (young) Mulard duck: bird 
in which the tip of the sternum is flexible (not ossified) ; 
(ii) duck, Muscovy duck, Mulard duck: bird in which the tip of the sternu m is 
rigid (ossified);  
(d) GEESE (Anser anser dom.)  
(i) (young) goose or gosling: bird in which the tip of the sternum is flexible 
(not ossified). The fat layer all over the carcase is thin or moderate; the 
fat of the young goose may have a colour indicative o f a special diet ; 
                                                 
8 Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on 
the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) 
No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 
87/250/EEC, Council Directive 90/496/EEC, Commission Dire ctive 1999/10/EC, Directive 2000/13/EC 
of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and 
Commission Regulation (EC) No 608/2004  (OJ L 304, 22.11.2011, p. 18).   
EN 7  EN (ii) goose: bird in which the tip of the sternum is rigid (ossified); a moderate to 
thick fat layer is present all over the carcase;  
(e) GUINEA FOWL (Numida meleagris domesticus)  
(i) (young) guinea fowl: bird in which the tip of the sternum i s flexible (not 
ossified) ; 
(ii) guinea fowl: bird in which the tip of the sternum is rigid (ossified).  
For the purpose s of this Regulation, variants of the terms referred to  in the first subparagraph, 
points  (a) to (e) , relating to sex shall be construed as equivalent.  
(2) Anatomical poultry cuts  
(a) half: half of the carcase, obtained by a longitudinal cut in a plane along the 
sternum and the backbone;  
(b) quarter: leg quarter or breast quarter, obtained by a transversal cut of  a half;  
(c) unseparated leg quarters: both leg quarters united by a portion of the back, with 
or without the rump;  
(d) breast: the sternum and the ribs, or part thereof, distributed on both sides of it, 
together with the surrounding musculature. The breast may be  presented as a 
whole or a half;  
(e) leg: the femur, tibia and fibula together with the surrounding musculature. The 
two cuts shall be made at the joints;  
(f) chicken leg with a portion of the back: the weight of the back does not exceed 
25 % of that of the whole cut; 
(g) thigh: the femur together with the surrounding musculature. The two cuts shall 
be made at the joints;  
(h) bone -in thigh with a portion of the back: A bone -in thigh with back portion is 
produced by cutting a leg quarter at the joint between the tibia and t he femur. 
The weight of the back does not exceed 35  % of that of the whole cut. The 
drumstick, patella, and abdominal fat are removed. The thigh with back portion 
consists of the thigh, attached back portion, and associated fat. The oil gland, 
tail, and me at adjacent to the ilium (oyster meat) may or may not be present ; 
(i) drumstick: the tibia and fibula together with the surrounding musculature. The 
two cuts shall be made at the joints;  
(j) wing: the humerus, radius, and ulna, together with the surrounding 
muscul ature, humerus or radius/ulna together with the surrounding musculature 
may be presented separately. The tip, including the carpal bones, may or may 
not have been removed. The cuts shall be made at the joints;  
(k) unseparated wings: both wings united by a port ion of the back, where the 
weight of the latter does not exceed 45 % of that of the whole cut;  
(l) breast fillet: the whole or half of the inner or outer breast deboned, i.e. without 
sternum and ribs. In the case of turkey breast, the fillet may comprise the d eep 
pectoral muscle only;  
(m) breast fillet with wishbone: the breast fillet without skin with the clavicle and 
the cartilaginous point of the sternum only, the weight of clavicle and cartilage 
not to exceed 3 % of that of the cut;   
EN 8  EN (n) magret, maigret: breast fill et of ducks and geese referred to in point (3)  
comprising skin and subcutaneous fat covering the breast muscle, without the 
deep pectoral muscle;  
(o) inner fillet: A tenderloin is produced by separating the inner pectoral muscle 
from the breast and the sternu m. The inner fillet consists of a single intact 
muscle with or without the embedded tendon;  
(p) feet: A foot is produced by cutting a carcase leg at the joint between the 
metatarsus and the tibia. The carcase is removed. A foot consists of the 
metatarsus and f our digits (phalanges) with attached meat and skin;  
(q) paws: A paw is produced by cutting a carcase leg at the joint between the 
metatarsus approximately at the metatarsal spur. The carcase is removed. A 
paw consists of a portion of the metatarsus and four di gits (phalanges), with 
attached meat and skin;  
(r) neck: The neck is produced by cutting the neck from the carcase at the shoulder 
joint and removing the head. The neck consists of the neck bones with attached 
meat;  
(s) head: The head is produced by cutting the ca rcase at the upper neck and 
removing the carcase. The head consists of the skull bones and contents with 
attached beak, meat, and skin;  
(t) supreme: half of the fillet without the bone, with the first phalanx of the 
attached wing and with skin;  
(u) wishbone: clavi cle with the surrounding musculature;  
(v) scapula: scapula bones with the surrounding musculature.  
For the products referred to in  the first subparagraph, points (e), (g) and (i) , the wording ‘cuts 
shall be made at the joints’ is to mean cuts made within the t wo lines delineating the joints as 
shown in the graphical presentation in Annex II.  
Products referred to in the first subparagraph , points (d) to (l) , may be presented with or 
without skin. The absence of the skin in the case of products referred to in the first 
subparagraph , points (d) to (j) , or the presence of the skin in the case of the product referred to 
in the first subparagraph , point (l) , shall be mentioned on the labelling.  
Deboning, trimming and portioning shall be performed without damage, for the products 
referred to in the first subparagraph , points (d) to (l).  
For the products referred to  in the first subparagraph , points (l), (n) and (o), the wording 
‘fillet’ shall be u sed where those products have undergone cutting processes (like trimming 
and portioning) insufficient to modify the internal muscle fibre structure of the meat and to 
eliminate the characteristics of the meat.  
(3) Foie gras  
The livers of geese, or of ducks  of the species Cairina m oschata or Cairina m oschata x Anas 
platyrhynchos, which have been fed in such a way as to produce hepatic fatty cellular 
hypertrophy.  
The birds from which such livers are removed shall have been completely bled, and the livers 
shall be of a uniform colour.  
The livers shall be of the following weight:   
EN 9  EN (a) duck livers shall weigh at least 300 g net ; 
(b) goose livers shall weigh at least 400 g net.  
 Article 3  
Definitions  
For the purposes of this Regulation , the following definitions apply :  
(a) ‘carcase’ means the whole body of a bird of the species referred to in Article 2, point 
(1), after bleeding, plucking and evisceration; however, removal of the kidneys shall 
be optional; an eviscerated carcase may be presented for sale with or without gible ts, 
meaning heart, liver and gizzard, inserted into the abdominal cavity and with or 
without neck ; 
(b) ‘cuts thereof’ means poultrymeat, which owing to the size and the characteristics of 
the coherent muscle tissue is identifiable as having been obtained from a particular 
part of the carcase;  
(c) ‘marketing’ means holding or displaying for sale, offering for sale, selling, delivery 
or any other form of marketing;  
(d) ‘labelling’ refers to the definition set out in Article 2(2) , point (j), of Regulation (EU) 
No 1169/20 11. 
 Article 4  
Presentation of poultry carcasses  
1. Poultry carcases shall be presented for sale in one of the following forms:  
(a) partially eviscerated (‘effilé’, ‘roped’) ;  
(b) with giblets ; 
(c) without giblets .  
2. The word ‘eviscerated’ may be added to the packaging.  
3. Partially eviscerated carcases are carcases from which the heart, liver, lungs, gizzard, 
crop, and kidneys have not been removed.  
4. For the carcase presentations referred to in paragraph 1, if the head is not removed, 
trachea, oesophagus and crop may remain in the carcase.  
5. Giblets shall comprise only the heart, gizzard and liver, oviduct, yolks and ready to 
lay eggs obtained from spent hens at the slaughterhouse, and all other parts 
considered as edible by consumers on the market on which the product is inten ded 
for final consumption. Livers shall be without gall bladders. The gizzard shall be 
without the horned membrane, and the contents of the gizzard shall have been 
removed. The heart may be with or without the pericardial sac.  
Article 5  
Names of poultry ca rcasses and cuts  
1. The names of the food within the meaning of Article 9(1) , point (a), of Regulation 
(EU) No 1169/2011 under which the products covered by this Regulation are sold, 
shall be those laid down in Article 2 of this Regulation and the correspondi ng terms  
EN 10  EN in the other official languages of the Union listed in Annex I to this Regulation, 
qualified in the case of:  
(a) whole carcases, by reference to one of the forms of presentation as laid down 
in Article 4(1) ; 
(b) poultry cuts, by reference to the respectiv e species.  
2. The names of products referred to in Article 2 , points (1) and (2) , may be 
supplemented by other terms provided that the these terms comply with fair 
information practices referred to in Article 7 of Regulation (EU) No 1169/2011.  
Article 6  
Mark eting, labelling and presentation of poultrymeat  
1. In the case of pre -packaged poultrymeat, the condition in which the poultrymeat is 
marketed in accordance with Section III of Part V of Annex VII to Regulation (EU) 
No 1308/2013  shall appear on the pre -packa ging or on a label attached thereto . 
2. By way of derogation from paragraph 1, it shall not be necessary to indicate the 
particulars referred to in th at provision in the case of poultrymeat delivered to cutting 
or processing establishments.  
Article 7  
Tempera ture of frozen poultrymeat  
The following provisions shall apply to frozen poultrymeat as defined in point 3 of Section II 
of Part V of Annex VII to Regulation (EU) No 1308/2013:  
The temperature of frozen poultrymeat shall be stable and maintained, at all p oints in the 
product, at – 12 °C or lower, with brief upward fluctuations of no more than 3 °C. These 
tolerances in the temperature of the product shall be permitted in accordance with good 
storage and distribution practice during local distribution and in  retail display cabinets.  
Article 8  
Poultrymeat classes  
1. Poultrymeat may be graded by quality as either class A or class B according to the 
conformation and appearance of the carcasses or cuts . 
2. In order to be graded as classes A or B, poultry carcases and cuts shall be:  
(a) intact, taking into account the presentation;  
(b) clean, free from any visible foreign matter, dirt or blood;  
(c) free of any foreign smell;  
(d) free of visible bloodstains except those whi ch are small and unobtrusive;  
(e) free of protruding broken bones;  
(f) free of severe contusions.  
In the case of fresh poultry, there shall be no traces of prior chilling.  
3. In addition to meeting the criteria laid down in paragraph 2, in order to be graded as 
class A, poultry carcases and cuts shall satisfy the following criteria:   
EN 11  EN (a) they shall be of good conformation. The flesh shall be plump, the breast well 
developed, broad, long and fleshy, and the legs shall be fleshy. On chickens, 
young ducks or ducklings and  turkeys, there shall be a thin regular layer of fat 
on the breast, back and thighs. On cocks, hens, ducks and young geese, a 
thicker layer of fat is permissible. On geese, a moderate to thick fat layer shall 
be present all over the carcase. In the case of  breast fillet, up to 2 % in weight 
of cartilage (flexible tip of sternum) can be accepted.  
(b) a few small feathers, stubs (quill ends) and hairs (filoplumes) may be present 
on the breast, legs, back, foot joints and wing tips. In the case of boiling fowl, 
ducks, turkeys and geese, a few feathers, stubs (quill ends) and hairs 
(filoplumes) may also be present on other parts;  
(c) some damage, contusion and discoloration is permitted provided that it is small 
and unobtrusive and not present on the breast or legs. Th e wing tip may be 
missing. A slight redness is permissible in wing tips and follicles;  
(d) in the case of frozen or quick -frozen poultry there shall be no traces of freezer -
burn as described in Annex III  except those that are incidental, small and 
unobtrusive  and not present on the breast or legs.  
Article 9  
Indication of chilling methods  
An indication of the use of one of the following methods of chilling and the corresponding 
terms in the other official languages of the Union  listed in Annex I V may appear on the 
labelling:  
(a) air chilling: chilling of poultry carcases in cold air ; 
(b) air-spray chilling: chilling of poultry carcases in cold air interspersed with waterhaze 
or fine water spray ; 
(c) immersion chilling: chilling of poultry carcases in tanks of water or of ic e and water, 
in accordance with the counterflow process.  
Article 10  
Optional reserved terms  
1. Without prejudice to other labelling systems that cover other types of farming and 
that are regulated by Union legislation , the following terms and the corresponding 
terms in the other official languages  of the Union  listed in Annex V may appear on 
the labelling of the products referred to in Article 2, only if the relevant conditions 
laid down in Annex V I are fulfilled:  
(a) ‘Fed with … % …’;  
(b) ‘Extensive indoor’ (‘Barn -reared’);  
(c) ‘Free range’;  
(d) ‘Traditional free range’;  
(e) ‘Free range — total freedom’.  
The terms referred to in the first subparagraph may be supplemented by indications 
referring to the particular characteristics of the respective typ es of farming .  
EN 12  EN The only terms that can be used to designate products from livestock raised outdoors 
are those listed in the first paragraph, points (c), (d) and (e).   
In respect of a product other than those meeting the conditions to be labelled with the 
indications listed in the first paragraph, points (c), (d), or (e) no label, commercial 
document, publicity material or any form of advertising or any form of presentation 
may be used which claims, implies or suggests that the product is from livestock 
raised outdoors.  
When free -range production referred to in the first paragraph, points (c), (d) and (e) , 
is indicated on the label for meat from ducks and geese kept for the production of 
foie gras, the term ‘from foie gras production’ shall also be indicated . 
2. Mention of the age at slaughter or length of fattening period shall be permitted on the 
labelling only using the terms referred to in paragraph 1 and for an age of not less 
than that indicated in Annex V I, points (b), (c) or (d). However, this does not ap ply 
to products referred to in Article 2 , point (1)(a)(iv).  
3. Paragraphs 1 and 2 shall apply without prejudice to national technical measures 
going beyond the minimum requirements laid down in Annex V I, which are 
applicable only to producers of the Member S tate concerned, and provided that these 
national technical measures are compatible with Union law.  
4. The national technical measures referred to in paragraph 3 shall be communicated to 
the Commission.  
5. Member States may foresee the use , by food business opera tors, of terms other than 
those referred to  in paragraphs 1 and 2 and set out in Annex V I, provided that:  
(a) these terms are consistent with the method according to which the product is 
made, and do not mislead consumers;  
(b) these terms do not create any confus ion with the terms referred to  in 
paragraphs 1 and 2;      
(c) the product specifications are documented;  
(d) appropriate checks are implemented under the scrutiny of the competent 
authorities of the concerned Member State.  
6. Once the conditions referred to in par agraph 5 are met, Member States shall notify 
the Commission of these national terms before any use by food business operators. 
The Commission shall inform the other Member States of any notification of such 
terms and publish them on the Europa website . 
7. At any time, and at the request of the Commission, Member States shall provide all 
the information necessary for assessing the compatibility with Union law of the 
national technical measures referred to in  paragraph 3 and of the national terms 
referred to in paragraph 5 . 
Article 11  
Records on optional reserved terms  
1. Food business operators marketing products that use the terms referred to in Article 
10(1) shall keep a separate record, by type of farming of:  
(a) the names and addresses of the producers of such poultry, who shall be 
registered by the competent authority of the Member State;   
EN 13  EN (b) at the request of the competent authority, the number of birds kept by each 
producer per turnround;  
(c) the number and total live or carcase weight of such birds delivered and 
processed;  
(d) details of sales, including names and addresses of purchasers, for a minimum 
of 6 months following dispatch.  
2. The producers referred to in paragraph 1 , point (a) , shall keep up -to-date records, for 
a minimum of 6 months following dispatch, of the number of birds by type of 
farming, including the number of birds sold, the name and addresses of the 
purchasers, and quantities and source of feed supply.  
Producers using the types of farming referred to in Article 10(1), points (c), (d) and 
(e), shall, in addition to the information referred to in the first subparagraph of this 
paragraph, keep records of the date when birds were first given access to range.  
3. Feed manufacturers and suppliers shall keep records for at least 6 months after 
dispatch of the f eed showing that the composition of the feed supplied to the 
producers for the type of farming referred to in Article 10(1), point (a), complies 
with the corresponding requirements laid down in Annex V I. 
4. Hatcheries shall keep records of birds of the strain s recognised as slow growing 
supplied to the producers for the types of farming referred  to in Article 10(1), points 
(d) and (e) , for at least 6 months after dispatch of the birds.  
Article 12  
Supervision bodies for optional reserved terms  
Bodies designate d by Member States to supervise the indications referred to in Article 10 
shall comply with the criteria set out in Norm ISO/IEC 170659, and shall be licensed and 
supervised by competent authorities of the Member State concerned.  
Article 13  
Optional indica tions in imported poutrymeat  
Poultrymeat imported from third countries may bear one or more of the optional indications 
referred to in Articles 9 and 10 if it is accompanied by a certificate issued by the competent 
authority of the country of origin attes ting to the compliance of the products concerned with 
the relevant provisions of this Regulation.  
On receipt of a request from a third country, the Commission shall establish a list of such 
authorities.  
Article 14  
Maximum water content in poultrymeat  
1. Frozen and quick -frozen chicken carcasses may be marketed within the Union only if 
the water content, determined by the method of analysis laid down in Article 5 of 
Implementing Regulation (EU) 2023/ XXX  [PLAN/2022/1905, to be completed by 
                                                 
9 ISO/IEC 17065:2012 Conformity assessment — Requ irements for bodies certifying products, processes 
and services   
EN 14  EN OP], does not exceed  the technically unavoidable values set out in Annex VI I to this 
Regulation .  
2. The following fresh, frozen and quick -frozen poultry cuts may be marketed within 
the Union only if the water content, determined by the method of analysis laid down 
in Article 8 of Implementing Regulation (EU) 2023/ XXX  [PLAN/2022/1905, to be 
completed by OP] , does not exceed the technically unavoidable values set out in 
Annex VII I to this Regulation :  
(a) chicken breast fillet, with or without wishbone, without skin;  
(b) chicken breast, with skin;  
(c) chicken thighs, drumsticks, legs, legs with a portion of the back, leg quarters, 
with skin;  
(d) turkey breast fillet, without skin;  
(e) turkey breast, with skin;  
(f) turkey thighs, drumsticks, legs, with skin;  
(g) deboned turkey leg meat, wit hout skin.  
3. The maximum levels of water absorbed in chicken carcasses in the slaughterhouses 
are laid down in Annex I X. 
4. The competent authority of a Member State may authorise the marketing of 
poultrymeat  not compliant with paragraph s 1 or 2 provided that the packaging is 
marked with a tape or label bearing, in red capital letters, at least one of the 
indications laid down in Annex X.  
These indications shall be marked in a conspicuous place so as to be easily visible, 
clearly legible and indelible. They sha ll not be in any way hidden, obscured or 
interrupted by other written or pictorial matter. The letters shall be at least 1 cm high 
on the individual packaging and 2 cm on bulk packaging . 
Article 15  
Notification of checks on water content  
1. The competent auth orities of the Member States shall inform the national reference 
laboratory without delay about the results of the checks referred to in Articles 5, 6 
and 7 of Implementing Regulation (EU) 2023/ XXX  [PLAN/2022/1905, to be 
completed by OP] , carried out by th em or under their responsibility.  
By 30 June of each year, the national reference laboratories shall notify the 
Commission of the results of checks referred to in Articles 5, 6 and 7 of 
Implementing Regulation (EU) 2023/ XXX  [PLAN/2022/1905, to be completed  by 
OP]. The committee referred to in Article 229(1) of Regulation (EU) No 1308/2013 
shall be informed by the Commission of the results of the checks.  
2. The Member States shall adopt all necessary measures for the checks referred to in 
Articles 5, 6 and 7 of Implementing Regulation (EU) 2023/ XXX  [PLAN/2022/1905, 
to be completed by OP] . They shall inform the other Member States and the 
Commission of these measures. Any changes to these measures shall be 
communicated to the other Member States and to the Commis sion.   
EN 15  EN Article 16  
Board of experts in monitoring water content  
A board of experts in monitoring water content in poultrymeat shall act as a coordinating 
body for the testing activities of the national reference laboratories. It shall consist of 
representati ves of the Commission and national reference laboratories. The tasks of the board 
and of national reference laboratories, as well as the organisational structure of the board, are 
set out in Annex X I.  
Article 1 7 
Repeal  
Regulation (EC) No 543/2008 is repea led.  
References to the repealed Regulation shall be construed as references to this Regulation and 
to Implementing Regulation  (EU)  2023 /XXX [PLAN/2022/1905, to be completed by OP] , as 
appropriate,  and be read  in accordance with the correlation table set out in Annex XII to this 
Regulation.  
Article 1 8 
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 the Member States in 
accordance with the Treaties.  
Done at Brussels,  
 For the Commission  
 The President  
 Ursula von der Leyen