Council Regulation (EC) No 1029/2006 of  19 June 2006  amending Regulation (EEC) No 1906/90 on certain marketing standards for poultrymeat
Date: 2006-06-19
Institutions: Council of the European Union
Subjects: marketing standard, poultrymeat

L 186/6

EN

Official Journal of the European Union

7.7.2006

COUNCIL REGULATION (EC) No 1029/2006

of 19 June 2006

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

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty
Community,

establishing the European

Having regard to Regulation (EEC) No 2777/75 of the Council
of 29 October 1975 on the common organisation of
the
market in poultrymeat (1), and in particular Article 2(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

(3)

(4)

(5)

(1) With effect

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fresh poultrymeat (2) has been repealed by Directive
2004/41/EC of
the
Council (3)
by Regulation (EC) No
and
852/2004 of
the
Council of 29 April 2004 on the hygiene of foodstuffs (4)
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 origin (5).

the European Parliament and of

the European Parliament and of

replaced

(2)

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 (6) 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repealed and replaced by Directive 2000/13/EC of the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 adver-
tising of foodstuffs (7).

(1) OJ L 282, 1.11.1975, p. 77. Regulation as last amended by Regu-

lation (EC) No 679/2006 (OJ L 119, 4.5.2006, p. 1).

(2) OJ L 55, 8.3.1971, p. 23.
(3) OJ L 157, 30.4.2004, p. 33. Corrected version in OJ L 195,

2.6.2004, p. 12.

(4) OJ L 139, 30.4.2004, p. 1. Corrected version in OJ L 226,

25.6.2004, p. 3.

(5) OJ L 139, 30.4.2004, p. 55. Corrected version in OJ L 226,
25.6.2004, p. 22. Regulation as last amended by Commission Regu-
lation (EC) No 2076/2005 (OJ L 338, 22.12.2005, p. 83).

(6) OJ L 33, 8.2.1979, p. 1. Directive as last amended by Directive

97/4/EC (OJ L 43, 14.2.1997, p. 21).

(7) 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).

Council Regulation (EEC) No 1906/90 (8) 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. Likewise, the definition of the
term ‘carcass’ should be adapted to Annex III Section II
Chapter IV(7)(c) of Regulation (EC) No 853/2004.

The second indent of Article 1(3) of Regulation (EEC) No
1906/90 excludes from the scope of that Regulation the
type of sales referred to in Chapter II Article 3(II) of
Directive 71/118/EEC. This latter provision deals with
an optional derogation for Member States concerning
small-scale production of under 10 000 birds. Whilst
Regulations (EC) No 852/2004 and (EC) No 853/2004
contain a derogation, which is neither optional nor
limited to a specific number of birds, an optional dero-
in Article 3(II) of Directive
gation such as
71/118/EEC,
limited to a specific number of birds,
should be retained for Regulation (EEC) No 1906/90.

that

Article 6 of Regulation (EEC) No 1906/90 contains a
to Commission Directive 80/879/EEC of
reference
3 September 1980 on the health marking of
large
packagings of poultrymeat (9). That Directive has been
of
repealed
17 December 1992 amending and updating Directive
71/118/EEC on health problems affecting trade in fresh
poultrymeat (10). That reference is redundant and should
be deleted.

Council Directive

92/116/EEC

by

(6)

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

HAS ADOPTED THIS REGULATION:

Article 1

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

1. Article 1 is amended as follows:

(a) paragraph 3 is replaced by the following:

‘3.

This Regulation shall not apply

(a)

to poultrymeat for export from the Community;

(8) 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).

(9) OJ L 251, 24.9.1980, p. 10.
(10) OJ L 62, 15.3.1993, p. 1. Directive as amended by the 1994 Act of

Accession.

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Official Journal of the European Union

L 186/7

(b) to delayed eviscerated poultry as referred to in Regu-
lation (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 origin (*).

___________
(*) OJ L 139, 30.4.2004, p. 55. Corrected version in OJ
L 226, 25.6.2004, p. 22. Regulation as last amended
by Commission Regulation (EC) No 2076/2005 (OJ
L 338, 22.12.2005, p. 83).’;

(b) the following paragraph is inserted:

‘3a. Member
States may
from the
derogate
requirements of
this Regulation in cases of direct
supply of small quantities of poultrymeat as referred to
in Article 1(3)(d) of Regulation (EC) No 853/2004 by a
producer with an annual production of under 10 000
birds.’;

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’
‘Directive 2000/13/EC’;

is replaced by

(b) paragraph 2 is replaced by the following:

In the case of

‘2.
the date of
minimum durability shall be replaced by the “use by
date”
in accordance with Article 10 of Directive
2000/13/EC.’;

fresh poultrymeat,

2. Article 2 is amended as follows:

(c)

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

(a) point 2 is replaced by the following:

‘2. “carcass” 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
kidneys shall be optional; an eviscerated carcass may
be presented for sale with or without giblets, meaning
inserted into the
heart,
abdominal cavity;’;

liver, gizzard and neck,

(b) 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 of
20 March 2000 on the approximation of the laws
of the Member States relating to the labelling, presen-
tation and advertising of foodstuffs (*).

___________
(*) 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).’;

‘(d) the approval number of

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

(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 estab-
lished in accordance with the procedure referred to in
Article 17 of Regulation (EEC) No 2777/75.’;

5. Article 6 is replaced by the following:

3. In Article 4, the introductory words are replaced by the

following:

‘Article 6

‘In addition to complying with national legislation adopted
the following
in accordance with Directive 2000/13/EC,

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.’.

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Official Journal of the European Union

7.7.2006

This Regulation shall enter into force on the seventh day after 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 Luxembourg, 19 June 2006.

For the Council
The President

J. PRÖLL