Proposal for a Council Regulation amending Regulation (EEC) No 1906/90 on certain marketing standards for poultrymeat
Date: 2006-03-07
Institutions: European Commission
Subjects: food inspection, foodstuff, health legislation, labelling, marketing standard, packaging, poultrymeat

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 7.3.2006 
COM(2006)90 final 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EEC) No 1906/90  
on certain marketing standards for poultrymeat 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

Council  Regulation  (EEC)  No  1906/90  on  certain  marketing  standards  for  poultrymeat 
contains several references to Community veterinary legislation. Directive 2004/41/EC of the 
European  Parliament  and  of  the  Council  provides  for  the  repeal  of  Council  Directive 
71/118/EEC of 15 February 1971 on health problems affecting the production and placing on 
the  market  of  fresh  poultrymeat  “with  effect  from  the  relevant  date”,  i.e.  1  January  2006. 
However, Directive 2004/41/EC lacks a correlation table which would clarify the correlation 
of the provisions of the repealed Directive with the provisions of the new Regulations in the 
field of hygiene. For reasons of clarity it is therefore appropriate to adapt Regulation (EEC) 
No 1906/90  in  order  to  clarify  the  references  to  the  corresponding  provisions  in  the  new 
hygiene Regulations. 

This amendment should also be used to clarify other references which are no longer accurate. 
This includes a reference to Commission Directive 80/879/EEC of 3 September 1980 on the 
health  marking  of  large  packagings  of  poultrymeat  and  several  references  to  Council 
Directive 79/112/EEC of 18 December 1978 on the approximation of the laws of the Member 
States  relating  to  the  labelling,  presentation  and  advertising  of  foodstuffs  for  sale  to  the 
ultimate consumer.  

Furthermore,  the  Regulation  excludes  from  its  scope  a  particular  marketing  presentation  of 
poultry  carcasses  (“New  York-dressed”).  This  presentation  would  neither  be  in  conformity 
with  the  relevant  marketing  provisions  of  Commission  Regulation  (EEC)  No  1538/91  nor 
with the requirements of the new Hygiene Regulations. For the sake of clarity, this derogation 
should be deleted.  

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Proposal for a 

COUNCIL REGULATION 

amending Regulation (EEC) No 1906/90  
on certain marketing standards for poultrymeat 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, 

Having  regard  to  Regulation  (EEC)  No  2777/75  of  the  Council  of  29  October  1975  on  the 
common organisation of the market in poultrymeat1, and in particular Article 2(2) thereof, 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

(2) 

As from 1 January 2006 Council Directive 71/118/EEC of 15 February 1971 on health 
problems affecting the production and placing on the market of fresh poultrymeat2 is 
repealed by Directive 2004/41/EC of the European Parliament and of the Council3 and 
replaced  by  Regulation  (EC)  No  852/2004  of  the  European  Parliament  and  of  the 
Council  of  29  April  2004  on  the  hygiene  of  foodstuffs4  and  by  Regulation  (EC) 
No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying 
down specific hygiene rules for food of animal origin5. 

Council Directive 79/112/EEC of 18 December 1978 on the approximation of the laws 
of  the  Member  States  relating  to  the  labelling,  presentation  and  advertising  of 
foodstuffs  for  sale  to  the  ultimate  consumer6  has  been  repealed  and  replaced  by 
Directive  2000/13/EC  of  the  European  Parliament  and  of  the  Council  of  20  March 
2000 on the approximation of the laws of the Member States relating to the labelling, 
presentation and advertising of foodstuffs7. 

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3 
4 
5 
6 
7 

OJ L 282, 1.11.1975, p. 77. Regulation as last amended by Regulation (EC) No 1913/2005 (OJ L 307, 
25.11.2005, p. 2). 
OJ L 55, 8.3.1971, p. 23. 
OJ L 157, 30.4.2004, p. 33. 
OJ L 139, 30.4.2004, p. 1. Corrected version in OJ L 226, 25.6.2004, p. 3. 
OJ L 139, 30.4.2004, p. 55. Corrected version in OJ L 226, 25.6.2004, p. 22. 
OJ L 33, 8.2.1979, p. 1. 
OJ L 109, 6.5.2000, p. 29. Directive as last amended by Directive 2003/89/EC (OJ L 308, 25.11.2003, 
p. 15). 

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(3) 

(4) 

(5) 

(6) 

Council  Regulation  (EEC)  No  1906/908  contains  several  references  to  Directive 
71/118/EEC  and  to  Directive  79/112/EEC.  For  reasons  of  clarity  it  is  appropriate  to 
adapt those references. 

The  second  indent  of  Article  1(3)  of  Regulation  (EEC)  No  1906/90  includes  a 
reference  to  the  type  of  sales  referred  to  in  Chapter  II  Article  3(II)  of  Directive 
71/118/EEC.  This  provision  relates  to  an  optional  derogation  for  Member  States  to 
exclude  certain  small-scale  productions  of  poultrymeat  from  the  scope  of  the 
in  Regulations  (EC) 
Regulation.  This  optional  derogation 
No 852/2004 and (EC) No 853/2004. It should however be retained. 

is  not  contained 

The third indent of Article 1(3) of Regulation (EEC) No 1906/90 excludes New York 
dressed  poultry  as  referred  to  in  Chapter  VIII  point  49  of  Annex  I  to  Directive 
71/118/EEC  from  the  scope  of  the  Regulation.  “New  York  dressed”  means  poultry 
from which the feathers have been removed and the blood drawn and which is offered 
for  sale  as  a  whole  poultry  with  the  head,  feet,  and  entrails  intact.  This  presentation 
would  in  any  case  not  be  in  conformity  with  the  requirements  of  Regulations  (EC) 
No 852/2004 and (EC) No 853/2004. The exception should therefore be deleted. 

Article  6  of  Regulation  (EEC)  No  1906/90  contains  a  reference  to  Commission 
Directive 80/879/EEC of 3 September 1980 on the health marking of large packagings 
of poultrymeat9. That Directive has been repealed by Council Directive 92/116/EEC of 
17 December 1992 amending and updating Directive 71/118/EEC on health problems 
affecting  trade  in  fresh  poultrymeat10.  That  reference  is  redundant  and  should  be 
deleted. 

(7) 

Regulation (EEC) No 1906/90 should therefore be amended accordingly, 

HAS ADOPTED THIS REGULATION: 

Article 1 

Regulation (EEC) No 1906/90 is amended as follows: 

(1) 

Article 1 is amended as follows: 

(a) 

In Article 1, paragraph 3 is replaced by the following: 

“3.  This  Regulation  shall  not  apply  to  poultrymeat  for  export  from  the 

Community. 

(b)  The following paragraph 3a is inserted: 

3a  Member  States  may  derogate  from  the  requirements  of  this  Regulation 
where  farmers,  with  an  annual  production  of  under  10 000  birds  of  the 

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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). 
OJ L 251, 24.9.1980, p. 10.  
OJ  L  62,  15.3.1993.  p. 1.  Directive  as  amended  by  the  Act  of  Accession  of  Austria,  Finland  and 
Sweden. 

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five  species  as  referred  to  in  Article 1(1),  supply  fresh  poultrymeat 
coming from their holdings in small quantities: 

– 

– 

either directly to the final consumer at the holding or at the weekly 
markets  nearest  to  their  holdings  and  in  the  same  territory  of  the 
competent authorities that granted the derogation, 

or 

to  retailers  with  a  view  to  direct  sale  to  the  final  consumer, 
provided  that  such  retailers  pursue  their  activities  in  the  same 
territory of the competent authorities that granted the derogation. 

Member States may specify the extent to which the derogation provided 
for in the first subparagraph may also cover cuts. 

The derogation provided for in the first subparagraph shall not apply in 
respect of itinerant sale, sale by mail order or, as regards the retailer, sale 
at a market.” 

(2) 

In Article 2, point 4 is replaced by the following: 

“4. 

‘pre-packaged poultrymeat” means: poultrymeat presented in accordance with 
the  conditions  laid  down  in  Article  1(3)(b)  of  Directive  2000/13/EC  of  the 
European Parliament and of the Council*. 

* 

OJ L 109, 6.5.2000, p. 29.” 

(3) 

In Article 4, the introductory words are replaced by the following: 

“In  addition  to  complying  with  national  legislation  adopted  in  accordance  with 
Directive  2000/13/EC,  the  following  further  indications  shall  be  shown  on  the 
accompanying commercial documents within the meaning of Article 13(1)(b) of that 
Directive:” 

(4) 

Article 5 is amended as follows: 

(a) 

in  paragraph  1,  “Directive  79/112/EEC” 
2000/13/EC”. 

is 

replaced  by  “Directive 

(b)  paragraph 2 is replaced by the following: 

“2. 

In the case of fresh poultrymeat, the date of minimum durability shall be 
replaced by the ‘use by date’ in accordance with Article 10 of Directive 
2000/13/EC.” 

(c) 

in paragraph 3, point (d) is replaced by the following: 

“(d)  the  approval  number  of  the  slaughterhouse  or  cutting  plant  given  in 
accordance  with  Article  4  of  Regulation  (EC)  No 853/2004  of  the 
European Parliament and of the Council**, except in the case of cutting 
and boning at the place of sale as provided for in Article 4(2)(d) of that 
Regulation; 

** 

OJ L 139, 30.4.2004, p. 55. Corrected version in OJ L 226, 25.6.2004, p. 22. 

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(d)  paragraphs 4 and 5 are replaced by the following: 

“4.  Where  poultrymeat  is  offered  for  sale  without  pre-packaging,  except 
where cutting and boning take place at the place of sale as provided for in 
Article 4(2)(d)  of  Regulation  (EC)  No 853/2004,  provided  such  cutting 
and  boning  is  carried  out  at  the  request  and  in  the  presence  of  the 
consumer,  Article  14  of  Directive  2000/13/EC  shall  apply  to  the 
indications referred to in paragraph 3. 

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  Directive  2000/13/EC 
may  be  established  in  accordance  with  the  procedure  referred  to  in 
Article 17 of Regulation (EEC) No 2777/75.” 

(5) 

Article 6 is replaced by the following: 

“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  referred  to  in  those  Articles  in 
the case of deliveries to cutting or processing establishments.” 

This Regulation shall enter into force on the day of 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, 

For the Council 
The President 

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