Council Regulation (EEC) No 1906/90 of 26 June 1990 on certain marketing standards for poultry

COUNCIL  REGULATION (EEC) No 1906/90
of 26 June 1990
on certain marketing standards for poultry
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2777/75 of 29 October 1975 on the common organization of the market in poultrymeat (1), as last amended by Regulation (EEC) No 1235/89 (2), and in particular Article 2 (2) thereof,
Having regard to the proposal from the Commission,
Whereas Regulation (EEC) No 2777/75 provides for the setting of marketing standards which may relate in particular to classification by quality and weight, packaging, storage, transport, presentation and marking of certain types of poultrymeat;
Whereas such standards can contribute to an improvement in the quality of poultrymeat and, consequently, facilitate the sale of such meat; whereas it is therefore in the interest of producers, traders and consumers that marketing standards should be applied in respect of poultrymeat suitable for human consumption;
Whereas such standards must therefore be applicable to the types of poultrymeat in question marketed within the territory of the Community at different stages of trade; whereas, however, it also appears necessary to grade all poultrymeat in two categories according to conformation and appearance; whereas it nonetheless seems advisable to exclude from the scope of application of such standards small-scale local sales, cutting-up and boning operations at the place of sale as provided for in Article 3 (5) and (7) of Council Directive 71/118/EEC of 15 February 1971 on health problems affecting trade in fresh poultrymeat (3), as last amended by Directive 88/657/EEC (4), and deliveries to the food industry;
Whereas the labelling of poultrymeat is subject to the general rules laid down in Council Directive 79/112/EEC of 18 December 1978 on the approximation of the laws of the Member States relating to labelling, presentation and advertising of foodstuffs for sale to the ultimate consumer (5), as last amended by Directive 89/395/EEC (6); whereas, in view of the nature of the products in question and so that the consumer may have fuller information, and in order to facilitate trade, certain additional requirements should be laid down in accordance with Article 4 (2) of Directive 79/112/EEC, and in particular poultrymeat should be classified in two conformation classes, and the conditions should be defined under which the meat is to be offered for sale; whereas it is also desirable, for the same reasons, that particulars concerning the method of chilling used and the type of farming used for poultry production should be used only in accordance with Community rules to be laid down;
Whereas fresh poultrymeat is to be considered from the microbiological point of view as a highly perishable foodstuff; whereas it is therefore necessary in the case of such poultrymeat that the date of minimum durability be replaced by the 'use by' date in accordance with Article 9a (1) of Directive 79/112/EEC;
Whereas it is essential, in the interests of both producer and consumer, that poultrymeat imported from third countries should comply with Community standards; whereas it nonetheless seems advisable to exclude from the scope of application poultrymeat for export from the Community;
Whereas it is necessary to lay down more detailed rules concerning the implementation of this Regulation; whereas, given the mainly technical nature of these matters and the probable need for frequent amendments, the procedure provided for in Article 17 of Regulation (EEC) No 2777/75 is more appropriate; whereas for the
same reasons it appears indispensable to adopt by the same procedure the measures required to ensure uniform application of this Regulation;
Whereas it is appropriate to lay down percentages of technically unavoidable water absorption which shall not be exceeded during preparation of fresh, frozen and quick-frozen carcases; whereas it is necessary to establish uniform methods of verifying compliance therewith; whereas the technical nature of these rules makes it appropriate to fix them according to the procedure provided for in Article 17 of Regulation (EEC) No 2777/75; whereas Council Regulation (EEC) No 2967/76 of 23 November 1976 laying down common standards for the water content of fresh, frozen and deep-frozen chickens, hens and cocks (1), as last amended by Council Regulation (EEC) No 3204/83 (2), should therefore be repealed;
Whereas it is for each Member State to designate the authorities responsible for ensuring that the provisions of this Regulation are complied with; whereas the procedure for this supervision must be uniform in all Member States;
Whereas it is for each Member State also to lay down penalties to be applied in the case of infringements of the provisions of this Regulation,