Commission Regulation (EC) No 81/2006 of  18 January 2006  amending Regulation (EEC) No 1538/91 concerning the terms that may be used on the marketing of poultrymeat in the event of restrictions on access for poultry to open-air runs
Date: 2006-01-18
Institutions: European Commission
Subjects: consumer protection, labelling, livestock farming, marketing, mode of production, poultrymeat, public health, veterinary legislation

L 14/8

EN

Official Journal of the European Union

19.1.2006

COMMISSION REGULATION (EC) No 81/2006

of 18 January 2006

amending Regulation (EEC) No 1538/91 concerning the terms that may be used on the marketing of
poultrymeat in the event of restrictions on access for poultry to open-air runs

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EEC) No 1906/90 of 26
June 1990 on certain marketing standards for poultry (1), and in
particular Article 9 thereof,

Whereas:

(1)

(2)

(3)

(4)

Commission Regulation (EEC) No 1538/91 (2) introduces
implementing Regulation (EEC)
detailed
No 1906/90.

rules

for

In order to protect consumers against statements that
may be made with the fraudulent intention of securing
higher prices than those applying to the meat of poultry
reared in the ‘standard’ way, Article 10 of Regulation
(EEC) No 1538/91 contains an exhaustive list of terms
relating to methods of rearing. Consequently, Annex IV
to that Regulation requires indications of method of
rearing to comply with specific criteria.

Among the specific criteria defining the conditions in
which poultrymeat may be marketed using the terms
‘Free range’,
free range’ and ‘Free range –
freedom’, access to open-air runs for a certain
total
period in the life of the poultry is essential.

‘Traditional

Restrictions,
including veterinary restrictions, adopted
under Community law to protect public and animal
health, may restrict the access of poultry to open-air
runs.

(5) Where producers can no longer satisfy all the rearing
conditions laid down in Annex IV to Regulation (EEC)
No 1538/91, they must, in the interests of consumers,
cease to use the optional labelling relating to the method
of rearing.

(6)

In order to take account of the possible economic conse-
quences of such temporary restrictions, which are beyond
the control of producers, since the whole of the sector

(1) OJ L 173, 6.7.1990, p. 1. Regulation as last amended by Regulation

(EC) No 1101/98 (OJ L 157, 30.5.1998, p. 12).

(2) OJ L 143, 7.6.1991, p. 11. Regulation as last amended by Regu-
lation (EC) No 814/2004 (OJ L 153, 30.4.2004, p. 1, as corrected
by OJ L 231, 30.6.2004, p. 3).

needs a reasonable adjustment period, especially as
regards labelling, and provided that product quality is
not substantially affected, provision should be made for
a
can
transitional period during which producers
continue to use the labelling relating to the method of
rearing.

(7)

(8)

(9)

In the interests of consumers, the application of this
derogation should be limited in time.

Specific derogations from the definitions of the different
methods of rearing are needed.

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

(10)

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

HAS ADOPTED THIS REGULATION:

Article 1

Annex IV to Regulation (EEC) No 1538/91 is hereby amended
as follows:

1. the following introductory phrase is inserted after the title

‘Annex IV’:

‘The conditions referred to in Article 10 are as follows:’;

2. the following subparagraph is added:

‘In the event of restrictions, including veterinary restrictions
adopted under Community law to protect public and animal
health, having the effect of restricting the access of poultry
to open-air runs, poultry reared in accordance with the
production methods described in points (c), (d) and (e) of
the first subparagraph, with the exception of guinea fowls
reared in percheries, may continue to be marketed with a
special reference to the method of rearing for the duration of
the restriction but under no circumstances for more than 12
weeks.’

19.1.2006

EN

Official Journal of the European Union

L 14/9

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

Article 2

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

Done at Brussels, 18 January 2006.

For the Commission

Mariann FISCHER BOEL
Member of the Commission