Commission Regulation (EC) No 1321/2002 of 22 July 2002 amending Regulation (EEC) No 1538/91 introducing detailed rules for implementing Council Regulation (EEC) No 1906/90 on certain marketing standards for poultrymeat
Date: 2002-07-22
Institutions: European Commission
Subjects: consumer information, foodstuff, health control, labelling, marketing, marketing standard, poultrymeat

23.7.2002

EN

Official Journal of the European Communities

L 194/17

COMMISSION REGULATION (EC) No 1321/2002

of 22 July 2002

amending Regulation (EEC) No 1538/91 introducing detailed rules for implementing Council Regu-
lation (EEC) No 1906/90 on certain marketing standards for poultrymeat

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 1906/90 of 26
June 1990 on certain marketing standards for poultrymeat (1),
as last amended by Regulation (EC) No 1101/98 (2), and in
particular Articles 7 and 9 thereof,

Whereas:

(1)

(2)

Commission Regulation (EEC) No 1538/91 (3), as last
amended by Regulation (EC) No 1072/2000 (4),
lays
down the detailed rules for implementing marketing
standards in the poultrymeat sector.

It is necessary to introduce a definition for ‘young cock’
and the respective criteria relating to it in Annex IV of
Regulation (EEC) No 1538/91.

(3) When free-range farming is indicated on the label for
meat coming from ducks and geese kept for ‘foie gras’
production, it is necessary also to provide an indication
of the latter to the customer on the label for assuring full
information about product characteristics.

(4)

(5)

(6)

In order to facilitate the inspections by Member States in
slaughterhouses, on farms, feed manufactures and hatch-
eries it is necessary to adapt the rules for record keeping.

Article 14 of Regulation (EEC) No 1538/91 provides that
in the case of sales to the ultimate consumer the names
of the products and other terms are to be indicated in a
language or languages easily understood by purchasers
in the Member State in which retailing takes place. This
provision should be deleted as Article 16 of Directive
2000/13/EC of
the
Council of 20 March 2000 on the approximation of the
the Member States relating to the labelling,
laws of
presentation and advertising of foodstuffs (5) applies, as
amended by Commission Directive 2001/101/EC (6).

the European Parliament and of

Experience has shown that in the case of air chilling of
poultry carcasses,
in the
carcasses is minimal. Therefore, the frequency of the
checks in the slaughterhouses can be reduced if sufficient
proof exists that results of the checks have been in

the absorption of water

(1) OJ L 173, 6.7.1990, p. 1.
(2) OJ L 157, 30.5.1998, p. 12.
(3) OJ L 143, 7.6.1991, p. 11.
(4) OJ L 119, 20.5.2000, p. 21.
(5) OJ L 109, 6.5.2000, p. 29.
(6) OJ L 310, 28.11.2001, p. 19.

(7)

(8)

compliance with the requirements for a defined period
of time. It is also clear from experience that for air-
chilled turkey carcasses,
for regular
the requirement
checks on water absorption can be deleted.

For the sake of transparency and clarity it is necessary to
review the rules for the counter-analyses referred to in
Article 14a(6) and (10) of Regulation (EEC) No 1538/91
and provide that the counter-analyses be done only in
national reference laboratories.

(b)

For the sake of clarity, the same expressions as used in
Article 10 of Regulation (EEC) No 1538/91 should be
used in Annex IV thereto. As in some Member States
there is a market for cocks and capons kept under ‘exten-
sive indoor’ conditions, these should be added under
in Annex IV and allowing for the same
point
maximum stocking density as for chickens kept under
the same type of farming. Furthermore, it is necessary to
determine a minimum slaughtering age for cocks and
capons. For the guinea fowl kept under ‘traditional free
range’ conditions the same maximum indoor stocking
rate should be used as for chickens, as the maximum
outdoor stocking rate for the two are also the same. It is
necessary to determine a minimum slaughtering age for
free
male and female turkeys kept under ‘traditional
range’ conditions and intended for cutting up. This type
of production requires shorter fattening periods than the
production of
the
for
minimum slaughter age should also be less than for these
turkeys.

roasting. Therefore,

turkeys

(9)

The sample size requirements for different chicken cuts
under Annex VIa(2) of Regulation (EEC) No 1538/91
should be clarified.

(10)

The name and address of National reference laboratories
for Denmark,
the Netherlands, Austria and
Ireland,
Portugal have changed.

(11)

Regulation (EEC) No 1538/91 should therefore be
amended accordingly.

(12)

The measures provided for in this Regulation are in
the Management
accordance with the opinion of
Committee for Poultrymeat and Eggs,

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Official Journal of the European Communities

23.7.2002

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 1538/91 is amended as follows:

1. Article 1 is amended as follows:

(a) in paragraph 1(a), the following fifth indent is added:

‘— young cock: male chicken of laying strains in which
the tip of sternum is rigid but not completely ossi-
fied and for which the age at slaughter is at least 90
days.’;

(b) in paragraph 2,

‘Directive 79/112/EEC’
‘Directive 2000/13/EC’.

last subparagraph,

the reference to
is replaced by a reference to

2. In Article 9, first subparagraph, the reference to ‘Directive
79/112/EEC’ is replaced by a reference to ‘Directive 2000/
13/EC’.

3. Article 10(1) is amended as follows:

(a) in the first subparagraph, the reference to ‘Directive 79/
112/EEC’ is replaced by a reference to ‘Directive 2000/
13/EC’;

(b) the following subparagraph is added:

‘When free-range production (points c, d and e) is indi-
cated on the label for meat coming from ducks and
geese kept for the production of “foie gras”, the term
“from foie gras production” shall also be indicated.’

4. Article 11 is amended as follows:

(a) in paragraph 1 the following third and fourth indents

are added:

‘— of the number and total live or carcasse weight of

such birds delivered and processed,

— of details of sales including names and addresses of
purchasers for a minimum of 6 months following
dispatch.’;

(b) paragraph 2 is replaced by the following:

The said producers shall subsequently be inspected
‘2.
for a
regularly. They shall keep current
minimum of six months following dispatch, of
the
number of birds by type of poultry system showing also
the number of birds sold and the names and addresses
of the purchasers and quantities and source of
feed
supply.

records,

In addition producers using free-range systems shall also
keep records of the date when birds were first given
access to range.’;

(c) the following paragraphs 2a and 2b are inserted:

Feed manufacturers and suppliers

‘2a.
shall keep
records for at least six months after dispatch showing
that the composition of the feed supplied to the produ-
cers referred to in Article 10(1)(a) complies with the
indications given about feeding.

the
Hatcheries shall keep records of birds of
2b.
strains recognised as slow growing supplied to the
producers referred to in Article 10(1)(d) and (e) for at
least six months after dispatch.’;

(d) the second indent of paragraph 3 is replaced by the

following:

‘— feed manufacturer and supplier: at least once a year.’

5. Article 14 is deleted.

6. Article 14a is amended as follows:

(a) the following paragraph 5a is inserted:

‘5a. Where, in the case of air chilling, the results of
checks referred to in paragraphs 3 and 4 show compli-
ance with the criteria laid down in Annexes V to VII
during a period of six months, the frequency of the
checks referred to in paragraph 3 may be reduced to
once every month. Any failure to comply with the
criteria laid down in these Annexes shall result in rein-
statement of checks as referred to in paragraph 3.’;

(b) paragraph 6 is replaced by the following:

the admissible limits,

If the result of the checks referred to in paragraph
‘6.
4 is in excess of
the batch
concerned shall be deemed not to comply with this
Regulation. In that event, however, the slaughterhouse
concerned may request that a counter-analysis be carried
out in the reference laboratory of the Member State,
using a method to be chosen by the competent authority
of the Member State. The costs of this counter-analysis
shall be borne by the holder of the batch.’;

(c) paragraph 10 is replaced by the following:

If the result of the checks referred to in para-
‘10.
graph 8 is in excess of the admissible limits, the holder
of the batch concerned may request that a counter-
analysis be carried out in one of the reference labora-
tories listed in Annex VIII, using the same method as for
the initial test. The expenses occasioned by this counter-
analysis shall be borne by the holder of the batch. Tasks
and competencies of reference laboratories are provided
for in Annex IX.’

7. Article 14b(2) is amended as follows:

(a) the first indent is replaced by the following:

also for

‘— regular checks on water absorbed are carried out in
in accordance with Article
the slaughterhouses
14a(3)
chicken and turkey carcasses
intended for the production of the fresh, frozen and
quick-frozen cuts
listed in paragraph 1. These
least once each
checks shall be carried out at
working period of eight hours. However, in case of
air chilling of turkey carcasses, regular checks on
water absorbed need not to be carried out. The limit
values fixed in Annex VII(9) shall also apply for
turkey carcasses,’;

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(b) the following sub-paragraph is added:

‘Where, in the case of air chilling of chickens, the results
of checks referred to in the first indent and in paragraph
3 show compliance with the criteria laid down in
Annexes V to VII during a period of six months, the
frequency of the checks referred to in the first indent
may be reduced to once every month. Any failure to
comply with the criteria laid down in Annexes V to VII
shall result in reinstatement of checks as referred to in
the first indent.’

8. The second subparagraph of Article 14b(3) is replaced by

the following:

‘After one year of compliance with the criteria laid down in
Annex VIa in a particular cutting plant, the frequency of

tests shall be reduced to once every six months. Any failure
to comply with these criteria shall result in reinstatement of
checks as referred to in the first subparagraph.’

9. Annexes I, IV, VIa and VIII are amended as set out in the

Annex.

Article 2

This Regulation shall enter into force on the seventh day
following its publication in the Official Journal of the European
Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 22 July 2002.

For the Commission

Franz FISCHLER

Member of the Commission

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Official Journal of the European Communities

23.7.2002

ANNEX

Annexes I, IV, VIa and VIII to Regulation (EEC) No 1538/91 are amended as follows:

1. Annex I is amended as follows:

The following row 5 is inserted in the table:

‘5.

Young
cock

Jeune
coq

Junger
Hahn

Ung-
hane

Gallo
joven

Πετει-
νάρι

Giovane
gallo

Jonge
han

Galo
jovem

Nuori
kukko

Ung
tupp’

2. Annex IV is amended as follows:

a) The title of point (a) is replaced by the following:

‘(a) Fed with … % of …’

b) in point (b) ‘Extensive indoor’

— under indoor stocking rate, the first indent is replaced by the following:

‘— chickens, young cocks, capons: 15 birds but not more than 25 kg liveweight’;

— under slaughtering age, the following indents are added:

‘— young cocks: 90 days or later,
— capons: 140 days or later’;

c) in point (d) ‘Traditional free range’,

— under stocking rate, the fifth indent is replaced by the following:

‘— guinea fowl: 13 but not more than 25 kg liveweight,’

— under minimum age at slaughter, the eighth indent is replaced by the following:

‘— 140 days for turkeys and geese marketed whole for roasting,
— 98 days for female turkeys intended for cutting up,
— 126 days for male turkeys intended for cutting up.’

3. In Annex VIa, the point (2), first subparagraph is replaced by the following:

‘The definitions given in Article 1(2) are applicable to the poultry cuts referred to in Article 14b. The sample sizes
should be at least as follows:
— chicken breast: half of the breast,
— chicken breast fillet: half of the boned breast without skin,
— turkey breast, turkey breast fillet and boned leg meat: portions of about 100 g
— other cuts: as defined in Article 1(2).’

4. Annex VIII is amended as follows:

a) National reference laboratory for Denmark is replaced by the following:

‘Fødevaredirektoratets Laboratorium
Afdeling for Levnedsmiddelkemi
Fødevareregion Ringsted
Søndervang 4
DK-4100 Ringsted’

b) National reference laboratory for Ireland is replaced by the following:

‘National Food Centre
Teagasc
Dunsinea
Castleknock
Dublin 15
Ireland’

c) National reference laboratory for the Netherlands is replaced by the following:

‘TNO Voeding
Utrechtseweg 48
3704 HE Zeist
Postbus 360
3700 AJ Zeist
The Netherlands’

d) National reference laboratory for Austria is replaced by the following:

für Gesundheit und Ernährungssicherheit GmbH und Bundesamt

‘Agentur
Analytik II)
Spargelfeldstrasse 191
A-1220 Wien’

für Ernährungssicherheit

(Abt.

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e) National reference laboratory for Portugal

is replaced by the following:

‘Direcção Geral de Fiscalização e Controlo da Qualidade Alimentar
Laboratório Central de Qualidade Alimentar
Av. Conde de Valbom, 98
P-1050-070 Lisboa’