I 
(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)  
REGULATIONS  
COUNCIL REGULATION (EC) No 1047/2009  
of 19 October 2009  
amending Regulation (EC) No 1234/2007 establishing a common organisation of agricultural 
markets as regards the marketing standards for poultrymeat  
THE COUNCIL OF THE EUROPEAN UNION,  
Having regard to the Treaty establishing the European 
Community, and in particular Article 37 thereof,  
Having regard to the proposal from the Commission,  
Having regard to the Opinion of the European Parliament (  1 ), 
Whereas:  
(1) 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) (  2 ) lays down certain 
marketing 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 with the provisions of Annex 
XIV to that Regulation.  
(3) The marketing standards were developed to contribute 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 
poultrymeat that is more precise than in the legislation 
on food safety was introduced, with effect as from 1 July 
1991, by Council Regulation (EEC) No 1906/90 of 
26 June 1990 on certain marketing standards for 
poultry (  3 ). Experience shows that there is a need to 
confirm the strict principle behind this definition and 
to make it even more explicit.  
(4) In view of the fact that poultrymeat is being consumed 
increasingly in the form of meat preparations and 
products, the scope of the marketing standards for poul ­trymeat should be extended to include poultrymeat prep ­
arations and products.  
(5) Similarly, poultrymeat in brine falling within CN code 
0210 99 39 should also be covered by the marketing 
standards.  
(6) Experience shows that in certain cases fresh poultrymeat 
preparations can easily substitute for fresh poultrymeat 
when they are presented for sale to the consumer. In 
order to avoid any distortion of competition between 
fresh poultrymeat and fresh poultrymeat preparations, it 
is appropriate to extend the principle behind the defi ­
nition of fresh poultrymeat to fresh poultrymeat prep ­
arations.  
(7) Under Community legislation on the labelling of 
foodstuffs, the labelling and the methods used must 
not be such as to mislead the purchaser, in particular 
as to the characteristics of the foodstuff, and particularly 
as to the nature 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-frozen 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 Class A into A 1 and A 2 and 
the subdivision of frozen poultrymeat by weight 
categories provided for in Regulation (EC) No 
1234/2007 are not widely used in practice and 
therefore superfluous, these provisions should be 
abolished for the sake of simplification.  
(10) Regulation (EC) No 1234/2007 should therefore be 
amended accordingly,EN 6.11.2009 Official Journal of the European Union L 290/1  
( 1 ) Opinion of 5 May 2009 (not yet published in the Official Journal).  
( 2 ) OJ L 299, 16.11.2007, p. 1.  
( 3 ) OJ L 173, 6.7.1990, p. 1.HAS ADOPTED THIS REGULATION:  
Article 1  
Annex XIV to Regulation (EC) No 1234/2007 is hereby amended in accordance with the Annex to this 
Regulation.  
Article 2  
This Regulation shall enter into force on the seventh day following its publication in the  Official Journal of 
the European Union . 
This Regulation shall apply from 1 May 2010.  
This Regulation shall be binding in its entirety and directly applicable in all Member States.  
Done at Luxembourg, 19 October 2009.  
For the Council  
The President  
E. ERLANDSSONEN L 290/2 Official Journal of the European Union 6.11.2009ANNEX  
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 
hatching and of farmyard poultry chicks, these provisions shall apply to the marketing, within the Community by 
way of business or trade, of certain types and presentations of poultrymeat, and poultrymeat or poultry offal 
preparations and products, of the following 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.’;  
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 poultrymeat performed in retail shops or in premises adjacent to sales points, where the 
cutting and handling are performed solely for the purpose of supplying 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 procedures and is to be kept at a temperature no higher than – 12 °C at any time;’;  
(b) the following points are added:  
‘5. “poultrymeat preparation” means poultrymeat including poultrymeat 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 internal muscle fibre structure of the meat;  
6. “fresh poultrymeat preparation” means a poultrymeat preparation for which fresh poultrymeat has been used. 
However, Member States may lay down slightly different temperature requirements to be applied for the 
minimum length of time necessary and only to the extent necessary to facilitate the cutting and handling 
performed in the factory during the production of fresh poultrymeat preparations;  
7. “poultrymeat product” means a meat product as defined in point 7.1 of Annex I to Regulation (EC) No 
853/2004 for which poultrymeat 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 shall be marketed in one of the following conditions:’;  
(c) paragraph 3 is deleted.EN 6.11.2009 Official Journal of the European Union L 290/3