1990R1906 — EN — 01.07.1991 — 000.001 — 1
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►B COUNCIL REGULATION (EEC)No 1906/90
of 26 June 1990
on certain marketing ►C1 standards for poultrymeat ◄
(OJ L 173, 6.7.1990, p. 1)
Corrected by:
►C1 Corrigendum, OJ L 195, 26.7.1990, p. 39 (1906/90)
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COUNCIL REGULATION (EEC)No 1906/90
of 26 June 1990
on certain marketing ►C1 standards for poultrymeat ◄
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community,
Having regard to Council Regulation (EEC) No 2777/75 of 29 October
1975 on the common organization of the market in poultrymeat (1), as
last amended by Regulation (EEC) No 1235/89 (2), and in particular
Article 2 (2) thereof,
Having regard to the proposal from the Commission,Whereas Regulation (EEC) No 2777/75 provides for the setting of
marketing standards which may relate in particular to classification byquality and weight, packaging, storage, transport, presentation andmarking of certain types of poultrymeat;
Whereas such standards can contribute to an improvement in the quality
of poultrymeat and, consequently, facilitate the sale of such meat;whereas it is therefore in the interest of producers, traders andconsumers that marketing standards should be applied in respect ofpoultrymeat suitable for human consumption;
Whereas such standards must therefore be applicable to the types of
poultrymeat in question marketed within the territory of the Communityat different stages of trade; whereas, however, it also appears necessaryto grade all poultrymeat in two categories according to conformationand appearance; whereas it nonetheless seems advisable to exclude fromthe scope of application of such standards small-scale local sales,cutting-up and boning operations at the place of sale as provided for inArticle 3 (5) and (7) of Council Directive 71/118/EEC of 15 February1971 on health problems affecting trade in fresh poultrymeat (
3), as last
amended by Directive 88/657/EEC (4), and deliveries to the food
industry;
Whereas the labelling of poultrymeat is subject to the general rules laid
down in Council Directive 79/112/EEC of 18 December 1978 on theapproximation of the laws of the Member States relating to labelling,presentation and advertising of foodstuffs for sale to the ultimateconsumer (
5), as last amended by Directive 89/395/EEC (6); whereas, in
view of the nature of the products in question and so that the consumermay have fuller information, and in order to facilitate trade, certainadditional requirements should be laid down in accordance with Article4 (2) of Directive 79/112/EEC, and in particular poultrymeat should beclassified in two conformation classes, and the conditions should bedefined under which the meat is to be offered for sale; whereas it is alsodesirable, for the same reasons, that particulars concerning the methodof chilling used and the type of farming used for poultry productionshould be used only in accordance with Community rules to be laiddown;
Whereas fresh poultrymeat is to be considered from the microbiological
point of view as a highly perishable foodstuff; whereas it is thereforenecessary in the case of such poultrymeat that the date of minimumdurability be replaced by the ‘use by' date in accordance with Article 9a(1) of Directive 79/112/EEC;
(1) OJ No L 282, 1. 11. 1975, p. 77.
(2) OJ No L 128, 11. 5. 1989, p. 29.
(3) OJ No L 55, 8. 3. 1971, p. 23.
(4) OJ No L 382, 31. 12. 1988, p. 3.
(5) OJ No L 33, 8. 2. 1979, p. 1.
(6) OJ No L 186, 13. 6. 1989, p. 17.
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Whereas it is essential, in the interests of both producer and consumer,
that poultrymeat imported from third countries should comply withCommunity standards; whereas it nonetheless seems advisable toexclude from the scope of application poultrymeat for export from theCommunity;
Whereas it is necessary to lay down more detailed rules concerning the
implementation of this Regulation; whereas, given the mainly technicalnature of these matters and the probable need for frequent amendments,the procedure provided for in Article 17 of Regulation (EEC) No2777/75 is more appropriate; whereas for thesame reasons it appearsindispensable to adopt by the same procedure the measures required toensure uniform application of this Regulation;
Whereas it is appropriate to lay down percentages of technically
unavoidable water absorption which shall not be exceeded during prepa-ration of fresh, frozen and quick-frozen carcases; whereas it is necessaryto establish uniform methods of verifying compliance therewith;whereas the technical nature of these rules makes it appropriate to fixthem according to the procedure provided for in Article 17 of Regula-tion (EEC) No 2777/75; whereas Council Regulation (EEC) No 2967/76of 23 November 1976 laying down common standards for the watercontent of fresh, frozen and deep-frozen chickens, hens and cocks (
1), as
last amended by ►C1Regulation (EEC) No 3204/83 ◄(2), should
therefore be repealed;
Whereas it is for each Member State to designate the authorities respon-
sible for ensuring that the provisions of this Regulation are compliedwith; whereas the procedure for this supervision must be uniform in allMember States;
Whereas it is for each Member State also to lay down penalties to be
applied in the case of infringements of the provisions of this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
1. This Regulation lays down Community marketing standards for
certain types and presentations of poultrymeat of the following speciesas referred to in Article 1 (1) of Regulation (EEC) No 2777/75:
—Gallus domesticus
— ducks,— geese,— turkeys,— guinea fowls.
Such poutrymeat shall not be marketed within the Community by way
of business or trade unless it satisfies the provisions of this Regulation.
2. This Regulation applies only to those poultry carcases, parts of
poultry carcases and offals, including foie gras, the list of which shallbe adopted in accordance with the procedure laid down in Article 17 ofRegulation (EEC) No 2777/75.
3. This Regulation shall not apply:
— to poultrymeat for export from the Community, or
— to the type of sales referred to in Article 3 (5) of Council Directive
71/118/EEC.
4. This Regulation shall not affect any provisions concerning veter-
inary and health matters and foodstuffs laid down to ensure the hygienicand health standards of the products or to protect animal or publichealth.
(1) OJ No L 339, 8. 12. 1976, p. 1.
(2) OJ No L 315, 15. 11. 1983, p. 17.
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Article 2
For the purposes of this Regulation:
1. ‘poultrymeat' means: poultrymeat suitable for human consumption,
which has not undergone any treatment other than cold treatment toensure its preservation;
2. ‘carcase' means: the whole body of a bird of the species referred to
in Article 1 (1) after bleeding, plucking and evisceration; however,removal of the heart, liver, lungs, gizzard, crop, kidneys, legs at thetarsus or the head shall be optional; an eviscerated carcase may bepresented for sale with or without giblets, meaning heart, liver,gizzard and neck, inserted into the abdominal cavity;
3. ‘cuts thereof' means: poultrymeat which owing to the size and the
characteristics of the coherent muscle tissue is identifiable as havingbeen obtained from the respective parts of the carcase;
4. ‘prepackaged poultrymeat' means: poultrymeat presented in accord-
ance with the conditions laid down in Article 1 (3) (b) of Directive79/112/EEC;
5. ‘fresh poultrymeat' means: poultrymeat not stiffened by the cooling
process, which is to be kept at a temperature not below − 2 °C and
no higher than 4 °C at any time;
6. ‘frozen poultrymeat' means: poultrymeat which must be frozen as
soon as possible within the constraints of normal slaughteringprocedures and is to be kept at a temperature no higher than−1 2 °C at any time. Certain tolerances may, however, be fixed in
accordance with the procedure laid down in Article 17 of►
C1Regulation (EEC) No 2777/75 ◄;
7. ‘quick-frozen poultrymeat' means: poultrymeat which is to be kept at
a temperature no higher than − 18 °C at any time within the toler-
ances as provided for in Council Directive 89/108/EEC of 21December 1988 on the approximation of the laws of the MemberStates relating to quick-frozen foodstuffs for human consumption (
1);
8. ‘poultrymeat' without prepackaging' means: poultrymeat presented
for sale to the final consumer without prepackaging or else packed atthe place of sale at the latter’s request.
Article 3
1. Poultrymeat as defined in Article 1 shall be classified as either
class ‘A' or class ‘B' according to the conformation and appearance ofthe carcases or cuts. Class ‘A' shall be subdivided int oA1a n dA2i n
accordance with criteria to be defined under the procedure referred to inArticle 17 of Regulation (EEC) No 2777/75. This classification shalltake account in particular of flesh development, the presence of fat, andthe amount of damage and contusions.
2. Poultrymeat shall be marketed in one of the following conditions:
— fresh,
— frozen, or— quick-frozen.
3. Prepackaged frozen or quick-frozen poultrymeat may be classified
by weight category, detailed provisions for the implementation of whichshall be adopted in accordance with the procedure laid down in Article17 of Regulation (EEC) No 2777/75.
Article 4
In addition to complying with national legislation adopted in accordance
with Directive 79/112/EEC, the following further indications shall beshown on the accompanying commercial documents within the meaningof Article 11 (1) (b) of that Directive:
(1) OJ No L 40, 11. 2. 1989, p. 51.
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(a) the class as referred to in Article 3 (1) of this Regulation;
(b) the condition in which the poultrymeat is marketed in accordance
with Article 3 (2) of this Regulation and the recommended storagetemperature.
Article 5
1. In addition to complying with national legislation adopted in
accordance with Directive 79/112/EEC, the labelling, presentation andadvertising of poultrymeat intended for the final consumer shall complywith additional requirements set out in paragraphs 3, 4, 5 and 6 of thisArticle and in Article 7 (2).
2. In the case of fresh poultrymeat, the date of minimum durability
shall be replaced by the ‘use by' date in accordance with Article 9a (1)of Directive 79/112/EEC.
3. In the case of prepackaged poultrymeat the following particulars
shall also appear on the prepackaging or on a label attached thereto:
(a) the class as referred to in Article 3 (1) of this Regulation;
(b) in the case of fresh poultrymeat, the total price and the price per
weight unit at the retail stage;
(c) the condition in which the poultrymeat is marketed in accordance
with Article 3 (2) of this Regulation and the recommended storagetemperature;
(d) the registered number of the slaughterhouse or cutting plant, except
in the case of cutting and boning at the place of sale as provided forin Article 3 (7) of Directive 71/118/EEC;
(e) in the case of poultrymeat imported from third countries, an indica-
tion of the country of origin.
4. Where poultrymeat is offered for sale without prepackaging,
except where cutting and boning take place at the place of sale asprovided for in Article 3 (7) of Directive 71/118/EEC, provided suchcutting and boning is carried out at the request and in the presence ofthe consumer, Article 12 of Directive 79/112/EEC shall apply to thefollowing additional indications:
(a) the class as referred to in Article 3 (1) of this Regulation;
(b) he price per weight unit at the retail stage;
(c) the condition in which the poultrymeat is marketed in accordance
with Article 3 (2) of this Regulation and the recommended storagetemperature;
(d) the registered number of the slaughterhouse or cutting plant;
(e) in the case of poultrymeat imported from third countries, an indica-
tion of the country of origin.
5. The detailed rules on the indication of the name under which the
product is sold within the meaning of Article 3 (1) (1) of Directive79/112/EEC may be established in accordance with the procedure laiddown in Article 17 of Regulation (EEC) No 2777/75.
6. Detailed rules concerning:
a) the optional indication of the method of chilling used; and
b) the optional indication of the type of farming used, and the condi-
tions for the regular controls to which the use of such indications issubject
shall be adopted in accordance with the procedure laid down in Article
17 of Regulation (EEC) No 2777/75.
The conditions under which the regular controls referred to under (b)
may be carried out by a body designated by the Member State andproviding the necessary guarantees of independence vis-à-vis the produ-
cers concerned shall be fixed in accordance with the same procedure.
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Article 6
By way of derogation from Articles 3, 4 and 5 it shall not be necessary
to classify poultrymeat or to indicate the additional particulars referredto in Articles 3, 4 and 5 in the case of deliveries to cutting or processingestablishments as provided for in Articles 2 and 3 of CommissionDirective 80/879/EEC of 3 September 1980 on the health marking oflarge packagings of poultrymeat (
1).
Article 7
1. The percentages of water absorption which are technically
unavoidable and which shall not be exceeded during the preparation offresh, frozen and quick-frozen carcases shall be determined in accord-ance with the procedure laid down in Article 17 of Regulation (EEC)No 2777/75, as well as uniform methods of verifying compliance there-with.
2. The indication of the percentages of technically unavoidable water
absorption referred to in paragraph 1 may be made mandatory inaccordance with the same procedure.
Article 8
1. Member States shall designate the competent authorities respon-
sible for supervising compliance with this Regulation not less than onemonth before the date from which this Regulation shall apply.
2. The designation referred to in paragraph 1 shall be communicated
to the Commission and the other Member States together with anyamendment thereto.
3. The authorities referred to in paragraph 1 shall undertake checks
of:
(a) representative samples of poultrymeat at all stages of marketing as
well as during transport:
(b) a representative sample of poultrymeat at the time of customs
clearance for poultrymeat imported from third countries.
Article 9
Detailed rules for the implementation of this Regulation, in particular
the criteria for classification within the meaning of Article 3 (1) thereof,as well as measures aimed at ensuring uniform application of thisRegulation, shall be adopted in accordance with the procedure laiddown in Article 17 of Regulation (EEC) No 2777/75.
Article 10
Member States shall take all appropriate measures to penalize infringe-
ments of this Regulation.
Article 11
Member States and the Commission shall communicate to each other
the information necessary for implementing this Regulation.
(1) OJ No L 251, 24. 9. 1980, p. 10.
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Article 12
Regulation (EEC) No 2967/76 shall continue to apply pending imple-
mentation of the measures adopted in accordance with Article 7 of thisRegulation.
Article 13
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
This Regulation shall apply with effect from 1 July 1991
This Regulation shall be binding in its entirety and directly applicable in
all Member States.