Proposal for a Council Regulation amending Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets as regards the marketing standards for poultrymeat
Date: 2008-05-28
Institutions: European Commission
Subjects: common organisation of markets, deep-frozen product, fresh product, marketing standard, poultrymeat, product quality

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 28.5.2008 
COM(2008) 336 final 

2008/0108 (CNS) 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 1234/2007 establishing a common organisation of 
agricultural markets as regards the marketing standards for poultrymeat 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

Council  Regulation  (EC)  No  1234/2007  takes  over  the  provisions  of  Regulation  (EC) 
No 1906/90 as regards certain marketing standards for poultrymeat. 

Under Regulation (EC) No 853/2004, the Commission  will propose the authorisation of the 
use of certain substances to remove surface contamination from poultry carcases. The current 
definition  of  poultrymeat  as  provided  for  in  Council  Regulation  (EC)  No 1234/2007  as 
regards  the  marketing  standards  for  poultrymeat  is  incompatible  with  the  use  of  such 
substances. 

This  is  because  the  exclusive  reference  to  cold  treatment  in  the  current  definition  of 
‘poultrymeat’ is too restrictive in view of technological developments. That definition should 
therefore be adapted. 

As  a  result,  implementation  of  the  Regulation  authorising  the  use  of  decontaminating 
substances  for  poultry  requires  an  amendment  of  the  Council  Regulation  on  marketing 
standards and, in particular, the definition of ‘poultrymeat’. 

In  the  event  that  the  Commission's  proposal  to  authorise  the  use  of  these  substances  is  not 
adopted, it will withdraw the amendment to the definition hereby proposed. 

In  the  event  that  the  Commission's  proposal  to  authorise  the  use  of  these  substances  is  not 
adopted, it will withdraw the amendment to the definition hereby proposed. 

Also,  the  provisions  on  marketing  standards  have  remained  largely  unaltered  since  1990, 
while the poultrymeat market and consumer habits have changed significantly. 

It is therefore essential to review the marketing standards for poultrymeat, particularly in the 
light  of  technological  developments,  and  to  extend  some  of  the  principles  to  include 
poultrymeat preparations and products. 

In view of the fact that poultrymeat  is  being  consumed  more  and  more  in  the  form  of  meat 
preparations  and  products,  the  scope  of  the  marketing  standards  for  poultrymeat  should  be 
extended to include poultrymeat preparations and products, and poultrymeat in brine, which 
features more and more prominently in trade. 

Where poultrymeat is sold ‘fresh’, consumers expect it to have never been frozen or quick-
frozen  beforehand,  since  this  is  a  guarantee  of  quality  for  them.  Therefore  the  current 
principle  that  poultrymeat  sold  ‘fresh’  may  not  have  been  frozen  beforehand  must  be 
reinforced and extended to cover poultrymeat preparations and products. 

This proposal has no impact on the Community budget. 

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2008/0108 (CNS) 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 1234/2007 establishing a common organisation of 
agricultural markets as regards the marketing standards for poultrymeat 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 37 thereof, 

Having regard to the proposal from the Commission, 

Having regard to the opinion of the European Parliament, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

Regulation  (EC)  No  1234/2007  of  22  October  2007  establishing  a  common 
organisation of agricultural markets and on specific provisions for certain agricultural 
products  (“Single  CMO  Regulation”)1  lays  down  certain  marketing  standards  for 
poultrymeat. 

Article  116  of  Regulation  (EC)  No  1234/2007  provides  that  products  of  the 
poultrymeat sector are to be marketed in accordance with the provisions of Annex XIV 
to that Regulation. 

In view of the fact that poultrymeat is being consumed more and more in the form of 
meat preparations and products, the scope of the marketing standards for poultrymeat 
should be extended to include poultrymeat preparations and products. 

Similarly,  poultrymeat  in  brine  falling  within  CN  code  0210  99  39  should  also  be 
covered by the marketing standards. 

The  exclusive  reference  to  cold  treatment  in  the  definition  of  ‘poultrymeat’  is  too 
restrictive in view of technological developments. That definition should therefore be 
adapted. 

Under  Community  legislation  on  the  labelling  of  foodstuffs,  the  labelling  and  the 
methods used therefor must not be such as to mislead the purchaser, in particular as to 
the characteristics of the foodstuff, and particularly as to the nature of the product, its 
identity, properties, composition, quantity, durability, origin or provenance or method 
of production or manufacture. 

1 

OJ  L  299,  16.11.2007,  p.  1.  Regulation  as  last  amended  by  Regulation  (EC)  No  248/2008  (OJ  L  76, 
19.3.2008, p. 6). 

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(7) 

(8) 

To consumers, the condition in which poultrymeat is sold, especially where it is sold 
fresh,  is  particularly  important.  Thus  where  poultrymeat  is  sold  ‘fresh’,  consumers 
expect  it  to  have  never  been  frozen  or  quick-frozen  beforehand,  since  this  is  a 
guarantee of quality for them. 

As  a  result,  the  principle  that  fresh  poultrymeat,  including  fresh  poultrymeat 
preparations, may not have been frozen prior to being marketed as fresh meat should 
be  set  out  more  explicitly.  To  that  end,  given  that  the  objectives  of  the  marketing 
standards  include  improving  the  quality  of  poultrymeat  and  information  relating 
thereto  in  the  interest  of  the  consumer,  the  term  ‘fresh’  should  be  defined  more 
precisely in the marketing standards than in the legislation on food safety. 

(9) 

Poultrymeat  which  has  been  frozen  or  quick-frozen  must  be  sold  in  that  state  or  be 
used in preparations marketed as frozen or quick-frozen, or in meat products. 

(10)  Since  the  subdivision  of  Class  A  into  A  1  and  A  2  provided  for  in  Regulation  (EC) 
No 1234/2007  is  superfluous  and  has  not  been  used  in  practice,  that  requirement 
should be abolished for the sake of simplification. 

(11)  Regulation (EC) No 1234/2007 should therefore be amended accordingly, 

HAS ADOPTED THIS REGULATION: 

Article 1 

Annex  XIV  to  Regulation  (EC)  No  1234/2007  is  hereby  amended  in  accordance  with  the 
Annex to this Regulation. 

Article 2 

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

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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ANNEX 

Part B of Annex XIV to Regulation (EC) No 1234/2007 is amended as follows: 

1. 

Paragraph 1 of Part I is replaced by the following: 

“1.  Without  prejudice  to  Part  C  of  this  Annex  concerning  the  provisions  on  the 
production and marketing of eggs for hatching and of farmyard poultry chicks, 
these provisions shall apply to the marketing, within the Community by way of 
business  or  trade,  of  certain  types  and  presentations  of  poultrymeat,  and 
poultrymeat or poultry offal preparations and products, of the following species 
as set out in Part XX of Annex I: 

– 

– 

– 

– 

– 

Gallus domesticus, 

ducks, 

geese, 

turkeys, 

guinea fowls. 

These  provisions  shall  also  apply  to  poultrymeat  in  brine  falling  within 
CN code 0210 99 39 as referred to in Part XXI of Annex I.” 

2. 

Part II is replaced by the following: 

“II.  Definitions  

Without prejudice to further definitions to be laid down by the Commission for 
the purpose of the application of this Part: 

1. 

2. 

3. 

4. 

‘poultrymeat’  means  the  edible  parts  of  farmed  birds  falling  within 
CN code 0105. 

‘fresh  poultrymeat’  means  poultrymeat  which  has  not  been  stiffened  at 
any time by the cooling process prior to being kept at a temperature not 
below -2°C and not higher than +4°C. However, Member States may lay 
down different temperature requirements for a short period for the cutting 
and storage of fresh poultrymeat performed in retail shops or in premises 
adjacent  to  sales  points,  where  the  cutting  and  storage  are  performed 
solely for the purpose of supplying the consumer directly on the spot. 

‘frozen poultrymeat’ means poultrymeat which must be frozen as soon as 
possible within the constraints of normal slaughtering procedures and is 
to be kept at a temperature no higher than -12°C at any time.  

‘quick-frozen  poultrymeat’  means  poultrymeat  which  is  to  be  kept  at  a 
temperature  no  higher  than  -18°C  at  any  time  within  the  tolerances  as 
provided for in Council Directive 89/108/EEC of 21 December 1988 on 

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the  approximation  of  the  laws  of  the  Member  States  relating  to  quick-
frozen foodstuffs for human consumption*. 

5. 

6. 

‘fresh  poultrymeat  preparation’  means  a  meat  preparation  for  which 
‘fresh poultrymeat’ within the meaning of this Regulation has been used. 

‘poultrymeat  product’  means  a  meat  product  as  defined  in  point 7.1  of 
Annex I to Regulation (EC) No 853/2004 for which ‘poultrymeat’ within 
the meaning of this Regulation has been used.” 

* 

OJ L 40, 11.2.1989, p. 51. 

3. 

Part III is amended as follows:  

(a) 

the second subparagraph of paragraph 1 is deleted. 

(b) 

the introductory phrase of paragraph 2 is replaced by the following: 

“Poultrymeat  and  poultrymeat  preparations  shall  be  marketed  in  one  of  the 
following conditions:”. 

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