No C 332/56 Official Journal of the European Communities 31. 12. 90 
Opinion on the proposal for a Council Regulation (EEC) laying down health rules for the 
production and placing on the market of fresh poultry meat (*) 
(90/C 332/15) 
On 21 February 1990, the Council decided to consult the Economic and Social Committee 
under Article 198 of the Treaty establishing the European Economic Community on the 
abovementioned proposal. 
The Section for Agriculture and Fisheries, which was responsible for preparing the Com­
mittee's work on the subject, adopted its Opinion on 12 Juli 1990. The Rapporteur was 
Mr Wick. 
At its 279th plenary session (meeting of 19 September 1990) the Economic and Social 
Committee adopted the following Opinion unanimously. 
The Committee welcomes the Commission's proposal, 
subject to the following observations: 
1. General comments 
1.1. The proposal is of sweeping significance for the 
completion of the internal market and the disappear­
ance of frontier controls, since it: 
1.1.1. Consolidates Directive 71/118/EEC, which has 
been repeatedly amended since its adoption. 
1.1.2. Groups the derogations currently set out in 
numerous individual provisions under the two follow­
ing headings: 
— permanent derogations concerning cutting and stor­
age in retail premises immediately prior to sale to 
the final consumer and direct supplies from the 
place of production, 
— limited or temporary derogations designed to facili­
tate the conversation of existing small-scale pro­
ducers' premises. 
1.1.3. Provides for adoption, on the basis of scientific 
studies, of special rules covering the production and 
marketing of partially and non-eviscerated poultry. 
1.2. In view of the sweeping importance of the pro­
posal, the Committee recommends that: 
1.2.1. Greater emphasis be placed on the protection 
of public health in the recitals, without prejudice to the 
equally important goals of ensuring rational sectoral 
development, increasing productivity and securing the 
income of farmers and farm workers. 
1.2.2. Having opted for a Regulation as the instru­
ment most suited to the goal of completing the Internal 
Market, every effort be made to ensure careful, unam-
(!) OJ No C 84, 2. 4. 1990, p. 71. biguous wording and translation and to avoid the short­
comings of the present draft. Precise wording is indis­
pensable to ensure a uniform application which is neu­
tral with respect to competition. 
1.2.3. A careful check be made to establish whether 
references to other Directives—including existing 
implementing Directives—concern the Directives them­
selves or the provisions incorporated in national law. 
These Directives sometimes contain optional provisions 
which have been incorporated into national law in very 
different ways. Where appropriate, proposals for the 
conversion of certain Directives into Regulations should 
be submitted. 
1.2.4. In the interests of improved consumer infor­
mation, poultry meat which has been produced and cut 
under derogations be marked to that effect. 
1.3. The Committee would also draw attention to 
its various Opinions on this subject. 
2. Specific comments 
2.1. Regulation text 
2.1.1. Article 1(1) (a) 
In the interests of a precise definition, the Committee 
thinks that 'pigeons' should be replaced by 'domestic 
pigeons'. 
2.1.2. Article 1(1) (b) 
The Committee recommends harmonization of the pro­
visions governing the farmed poultry covered by the 
present Regulation and those applicable to the game 
poultry covered by the Council Regulation (EEC) on 
game and rabbit meat. 
31. 12. 90 Official Journal of the European Communities No C 332/57 
2.1.3. Article 1(2) (b) 
It should be noted that the marketing opportunities 
which have been available by derogation to small poul­
try farmers for more than a decade have been exploited 
by numerous businesses. If it is necessary to bring this 
type of marketing within the scope of the proposed 
Regulation, appropriate transitional periods must be 
fixed in accordance with Article 17. 
2.1.4. Article 1(3) 
The Committee proposes the inclusion of a provision 
to the effect that, notwithstanding any derogations 
which may be granted from this Regulation, the estab­
lishments concerned must continue to apply the direc­
tive on monitoring the fitness of foodstuffs for human 
consumption and to comply with the general health 
rules governing production and marketing. 
2.1.5. Article 2(3) 
The Committee suggests that removal of the lungs 
should also be optional. 
2.1.6. Article 2(5) 
The Committee suggests that the definition of 'viscera' 
should also cover the genitals. 
2.1.7. Article 6(3) 
The Committee suggests that the practice of injecting 
polyphosphates and other substances into muscles be 
examined from the health standpoint and, if necessary, 
restricted or entirely prohibited. 
2.1.8. Article 8(3) 
In the Committee's opinion, the proposed authorization 
of the production of sealing material and the health 
mark would give rise to major practical problems, 
since the manufacture of virtually the entire packaging 
material would be subject to approval. The marking 
procedure and characteristics of the mark are already 
clearly defined. 
2.1.9. Article 11 
The Committee considers that proposed scientific stud­
ies should be conducted as rapidly as possible given the 
scale of production of partially—and non-eviscerated 
—poultry. The proposed special provisions should be 
adopted immediatly if the doubts with regard to 
hygienic acceptability are resolved. 
2.1.10. Article 13 
Because of the importance and economic consequences 
of this measure, the Committee considers it essential for the economic and social interests concerned to be 
involved when the Annexes are amended. 
2.1.11. Article 14 
The Committee regrets the absence of draft proposals 
on Community rules concerning third-country imports. 
Since these rules are an essential prerequisite of the 
free movement of goods within the Community, the 
Committee calls on the Commission to submit such 
proposals forthwith with a view to their entry into force 
at the same time as present Regulation. 
2.1.12. Article 15 
In view of the proposed derogations, the Committee 
thinks that it should also receive a copy of the draft in 
question. 
2.1.13. Article 17(1) 
The Committee considers it necessary to clarify the 
extremely vague expression 'small production'. In this 
connection reference should be made to points 1.2.4 of 
the general comments (indication of derogations) and 
2.1.4 of the specific comments (application of all general 
provisions). 
For instance, the derogations laid down by certain 
Member States define a small producer as a producer 
marketing up to kg 6 000 of fresh poultry meat per 
year. 
2.1.14. Article 20 
The Committee particularly welcomes the adoption of 
a two-stage procedure for the entry into force of the 
Regulation, while considering it nevertheless essential 
to provide for an adequate transitional period. 
2.2. Annexes 
2.2.1. Annex 1(1) (b) 
The Committee calls for the deletion of the words 'to 
floor' in the last sentence. 
2.2.2. Annex 1(3) 
The Committee also recommends measures to prevent 
access by domestic animals. 
2.2.3. Annex 1(9)-
The Committee thinks that an additional separate room 
for the exclusive use of the veterinary service is necess­
ary only in the case of cold stores that are not directly 
connected to a slaughterhouse or cutting establishment, 
since the latter already contain such rooms. 
No C 332/58 Official Journal of the European Communities 31. 12. 90 
2.2.4. Annex 1(12) 
The Committee considers that, on health grounds, it 
would be preferable for cleaning and disinfecting facili­
ties to be provided in the slaughterhouse. 
2.2.5. Annex I, chapter II (14)(a) 
The Committee considers it sufficient if there is spatial 
separation of packed and unpacked meat stored in the 
same refrigeration room. 
2.2.6. Annex I, chapter II (14)(e) 
The Committee suggests that cooling equipment should 
be required only where this is necessary to keep meat 
at the prescribed internal temperature of + 4°C under 
prevailing atmospheric and plant conditions. 
2.2.7. Annex I, chapter VI (32) 
Whilst in principle regarding stunning as indispensable 
in order to reduce suffering, the Committee can accept 
the exception, provided it is limited to the case of 
consumption in accordance with particular religious 
practices (*). 
2.2.8. Annex I, chapter VI (41) 
The Committee regrets that unrestricted immersion 
chilling will henceforth be permitted even though the 
Commission has not submitted the report on meat 
cooling, provided for by Article 14a(l)(a) of Directive 
(*) Without prejudice to the provisions of Directive on animal 
slaughter. 
Done at Brussels, 19 September 1990. 71/118/EEC; in addition to immersion chilling, this 
report is to cover such processes as C02, liquid nitrogen 
and spray chilling. The Committee would point out 
that, as well as observance of the hygiene standard, 
continued restriction of the external water intake 
associated with modern cooling techniques is a crucial 
factor for consumer protection. 
2.2.9. Annex I, chapter XI (60)(3)(a) 
The Committee would point out that the separate 
marking of non-individually packed carcases has pro­
ved unnecessary in those Member States in which 
almost all poultry meat production is monitored 
in accordance with the provisions of Directive 
71/118/EEC. To all intents and purposes, only poultry 
meat which has been inspected is marketed in those 
countries. In this connection, reference should be made 
to 1.2.4 of the general comments (indication of dero­
gations). The Committee therefore considers that it 
is unnecessary to prescribe separate marking of non-
individually packaged carcases or parts thereof sold in 
units not exceeding 15 kg in weight. Over the last 
decade, experience in a number of Member States has 
shown that it suffices to mark the external packaging. 
At the same time, individual marking should remain 
optional in order to take account of requirements in 
those Member States in which poultry meat not inspect­
ed pursuant to Directive 71/118/EEC is still marketed 
on a large scale and in which the veterinary inspection 
mark virtually constitutes a quality stamp. 
2.2.10. Annex I, chapter XII (61) 
The Committee suggests that, in the case of frozen 
poultry meat, a temporary temperature tolerance of 
3°C be fixed in accordance with the provisions of the 
Directive on quick-frozen foodstuffs. 
The Chairman 
of the Economic and Social Committee 
Alberto MASPRONE