8570/09  OT/hl 1 
 DG B I  LIMITE EN   
COUNCIL OF
THE EUROPEAN UNIONBrussels, 8 April 2009 
Interinstitutional File: 
2008/0108 (CNS)  8570/09 
  LIMITE  
  AGRIORG 45 
 
NOTE 
from : Presidency 
to : Delegations 
No. prev. doc. : 8184/09 
No. Cion prop. : 10351/08 - COM(2008) 336 final Subject : Proposal for a COUNCIL RE GULATION amending Regulation (EC) 
No 1234/2007 establishing a common organisa tion of agricultural markets as 
regards the marketing standards for poultrymeat 
  
 Delegations will find in the Annex
 to this note the text reflecting the outcome of discussions at the 
SCA on 6 April 2009.  The text will be sent to the Comm ission for notification to the WTO. 
  
   
 
8570/09  OT/hl 2 
ANNEX DG B I  LIMITE EN  ANNEX  
Draft 
COUNCIL REGULATION 
amending Regulation (EC) No 1234/2007 establis hing a common organisation of agricultural 
markets as regards the market ing standards for poultrymeat 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the Eu ropean Community, and in  particular Article 37 
thereof, Having regard to the proposal from the Commission, Having regard to the opinion of  the European Parliament, 
Whereas: 
(1) Regulation (EC) No 1234/ 2007 of 22 October 2007 establis hing a common organisation of 
agricultural markets and on specific provisions for certain agricultural products (“Single CMO Regulation”)
1 lays down certain marketi ng standards for poultrymeat. 
(2) Article 116 of Regulation (EC) No 1234/2007 provides that products of the poultrymeat 
sector are to be marketed in accordance w ith the provisions of Annex XIV to that 
Regulation. 
(3) The marketing standards were developped to c ontribute to an improvement in the quality of 
poultrymeat and information relating thereto and, consequently, facilitate the sale of such 
meat. In particular, a definition of fresh poultr ymeat more precise than  in the legislation on 
food safety was introduced, with effect as from 1 July 1991, by C ouncil Regulation (EEC) 
No 1906/90 of 26 June 1990 on certain marketing standards for poultry2. Experience shows 
that there is a need to confir m the strict principle behind this  definition and to make it even 
more explicit. 
                                                 
1 OJ L 299, 16.11.2007, p. 1. Regulation as last amended by Regulation (EC) No 248/2008 
(OJ L 76, 19.3.2008, p. 6). 
2 OJ L 173, 6.7.1990, p. 1.  
8570/09  OT/hl 3 
ANNEX DG B I  LIMITE EN  (4) In view of the fact that pou ltrymeat is being consumed more and more in the form of meat 
preparations and products, the scope of the marketing standards for poultrymeat should be 
extended to include poultrymeat  preparations and products.  
(5) Similarly, poultrymeat in brine falling w ithin CN code 0210 99 39 should also be covered 
by the marketing standards. 
(6) Experience shows that in certain cases fr esh poultrymeat preparati ons can easily substitute 
for fresh poultrymeat given the fact that both mu st keep the characteristics of raw meat when 
they are presented for sale to the consumer. In order to avoid any distortion of competition between fresh poultrymeat and fresh poultrymeat pr eparations, it is appropriate to extend the 
principle behind the definition of fresh pou ltrymeat to fresh poultrymeat preparations. 
(7) Under Community legislation on the labelli ng of foodstuffs, the labelling and the methods 
used must not be such as to mislead the purchas er, in particular as to  the characteristics of 
the foodstuff, and particularly as to the natu re of the product, its identity, properties, 
composition, quantity, durability, origin or  provenance or method of production or 
manufacture. 
(8) Poultrymeat which has been frozen or quick-froze n must be sold in that state or be used in 
preparations marketed as frozen or  quick-frozen, or in meat products. 
(9) Since the subdivision of Cla ss A into A 1 and A 2 and the su bdivision of frozen poultrymeat 
by weight categories provided for in Regulati on (EC) No 1234/2007 are not widely used in 
practice and therefore superfl uous, these provisions should be abolished for the sake of 
simplification. 
(10) Regulation (EC) No 1234/2007 should  therefore be amended accordingly,  
8570/09  OT/hl 4 
ANNEX DG B I  LIMITE EN   
HAS ADOPTED THIS REGULATION: 
Article 1 
Annex XIV to Regulation (EC) No 1234/2007 is he reby amended in accordance with the Annex to 
this Regulation. 
Article 2 
This Regulation shall enter into force on the seventh day following that of its publication in the 
Official Journal of the European Union . 
 This Regulation shall apply from 1 April 2010.  This Regulation shall be binding in  its entirety and directly applicable in all Member States. 
Done at Brussels,  
 For the Council 
 The President  
8570/09  OT/hl 5 
ANNEX DG B I  LIMITE EN  ANNEX 
 
Part B of Annex XIV to Regulation (EC) No 1234/2007 is amended as follows: 
 
1. Paragraph 1 of Part I is  replaced by the following: 
“1. Without prejudice to Part C of this  Annex concerning the provisions on the 
production and marketing of eggs for hatchi ng and of farmyard poultry chicks, these 
provisions shall apply to the marketing, w ithin the Community by way of business or 
trade, of certain types an d presentations of poultrymeat , and poultrymeat or poultry 
offal preparations and products, of the follo wing species as set out in Part XX of 
Annex I: 
– Gallus domesticus , 
– ducks, 
– geese, 
– turkeys, 
– guinea fowls. 
 These provisions shall also apply to  poultrymeat in brine falling within 
CN code 0210 99 39 as referred to in Part XXI of Annex I.”  
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ANNEX DG B I  LIMITE EN   
2. Part II is amended as follows:  
(a) Points 2 and 3 are replaced by the following: 
“2. ‘fresh poultrymeat’ means poultrymeat which has not been stiffened at any 
time by the cooling process prior to being kept at a temperature not below -2°C 
and not higher than +4°C. However, Member States may lay down slightly 
different temperature requirements for the minimum length of time necessary 
for the cutting and handling of fresh pou ltrymeat performed in retail shops or 
in premises adjacent to sales points, where the cutting and handling are performed solely for the purpose of s upplying the consumer directly on the 
spot. 
3. ‘frozen poultrymeat’ means poultrymeat which must be frozen as soon as 
possible within the constraints of normal slaughtering procedur es and is to be 
kept at a temperature no hi gher than -12°C at any time. 
(b) The following points 5, 6 and 7 are added: 
5. ‘poultrymeat preparation’ means poultr ymeat within the meaning of this 
Regulation, including poultr ymeat that has been reduced to fragments, which 
has had foodstuffs, seasonings or additives added to it or which has undergone 
processes insufficient to modify the intern al muscle fibre structure of the meat 
and thus to eliminate the ch aracteristics of raw meat. 
6. ‘fresh poultrymeat preparation’ mean s a poultrymeat preparation for which 
‘fresh poultrymeat’ within the meaning of this Regulation has been used. 
However, Member States may lay dow n slightly different temperature 
requirements to be applied for the mini mum length of time necessary and only 
to the extent necessary to facilitate the handling and cutting performed in the 
factory during the production of fresh poultrymeat preparations.   
8570/09  OT/hl 7 
ANNEX DG B I  LIMITE EN  7. ‘poultrymeat product’ means a meat produc t as defined in point 7.1 of Annex I 
to Regulation (EC) No 853/2004 for which ‘poultrymeat’ within the meaning of this Regulation has been used.” 
3. Part III is amended as follows:  
(a) the second subparagraph of paragraph 1 is deleted. (b) the introductory phrase of paragraph 2 is replaced by the following: 
“Poultrymeat and poultrymeat preparations sh all be marketed in one of the following 
conditions:”. 
(c) paragraph 3 is deleted.