COMMISSION REGULATION (EC) No 543/2008 of …

1 COMMISSION REGULATION (EC) No 543/2008of 16 June 2008laying down detailed rules for the application of Council REGULATION (EC) No 1234/ 2007 as regardsthe marketing standards for poultrymeatTHE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the EuropeanCommunity,Having regard to Council REGULATION (EC) No 1234/ 2007 of22 October 2007 establishing a common organisation of agri-cultural markets and on specific provisions for certain agri-cultural products (Single CMO REGULATION ) (1), and in particularArticle 121(e) in conjunction with Article 4 thereof,Whereas:(1)As from 1 July 2008, REGULATION (EEC) No 1906/90 of26 June 1990 on certain marketing standards forpoultry (2) is repealed by REGULATION (EC) No 1234/ 2007 .

2 (2)Some of the provisions and obligations in REGULATION (EEC) No 1906/90 were not taken over in REGULATION (EC) No 1234/ 2007 .(3)As a result, certain provisions and obligations, as appro-priate, must be adopted in a REGULATION laying downdetailed rules for the application of REGULATION (EC) No1234/ 2007 to enable the common market organisationand in particular the marketing standards to continue tofunction properly.(4) REGULATION (EC) No 1234/ 2007 lays down certainmarketing standards for poultrymeat, the application ofwhich requires the adoption of provisions concerning inparticular the list of those poultry carcases, parts thereofand offal to which the said REGULATION applies, classifi-cation by conformation, appearance and weight, types ofpresentation, the indication of the name under which theproducts in question are to be sold, the optional use ofindications concerning chilling methods and the type offarming, conditions for storage and transport of certaintypes of poultrymeat and the supervision of theseprovisions in order to ensure their uniform applicationthroughout the Community.

3 COMMISSION REGULATION (EEC) No 1538/91 (3), which lays down detailed rulesfor the application of REGULATION (EEC) No 1906/90,should therefore be repealed and replaced by a newRegulation.(5)In order to provide for the marketing of poultry indifferent classes according to conformation andappearance, it is necessary to lay down definitionsrelating to species, age and presentation in the case ofcarcases, and anatomical conformation and content inthe case of poultry cuts. In the case of the productknown as foie gras the high value and consequent riskof fraudulent practices make it necessary to lay downespecially precise minimum marketing standards.(6)It is not necessary for these standards to be applied tocertain products and presentations which are of local orotherwise limited importance.

4 However, names underwhich such products are sold should not be such as tomislead the consumer to a material degree by causinghim to confuse these products with products which aresubject to the standards. Similarly, additional descriptiveterms used to qualify the names of such products shouldalso be subject to the standards.(7)With a view to the uniform application of this Regu-lation, the terms marketing and batch should bedefined in the poultrymeat sector.(8)Storage and handling temperature is of crucialimportance to the maintenance of high standards ofquality. Therefore, it is appropriate to lay down aminimum temperature at which chilled poultrymeatproducts are to be kept.(9)The provisions of this REGULATION and in particular thoserelating to surveillance and enforcement should beapplied uniformly throughout the Community.

5 Detailedrules adopted to those ends should also be uniform. It istherefore necessary to lay down common measures inthe matter of sampling procedures and tolerances.(10)It is necessary, in order that the consumer be providedwith sufficient, unequivocal and objective informationconcerning such products offered for sale, and tosecure the free movement of such products throughoutthe Community, to ensure that poultrymeat marketingstandards take into account as far as is practicable theprovisions of Council Directive 76/211/EEC of20 January 1976 on the approximation of the laws ofthe Member States relating to the making-up by weightor by volume of certain pre-packaged products (4).ENL 157/46 Official Journal of the European (1) OJ L 299, , p.

6 1. REGULATION as last amended by Regu-lation (EC) No 470/2008 (OJ L 140, , p. 1).(2) OJ L 173, , p. 1. REGULATION as last amended by REGULATION (EC) No 1029/2006 (OJ L 186, , p. 6).(3) OJ L 143, , p. 11. REGULATION as last amended by Regu-lation (EC) No 1474/ 2007 (OJ L 329, , p. 14).(4) OJ L 46, , p. 1. Directive as last amended by Directive2007/45/EC of the European Parliament and of the Council (OJL 247, , p. 17).(11)Among the indications which may optionally be used onthe labelling are those concerning the method of chillingand particular types of farming. The use of the latter, inthe interest of consumer protection, needs to be subjectto compliance with closely defined criteria concerningboth husbandry conditions and quantity thresholds forstating certain criteria such as age at slaughter or lengthof fattening period and content of certain foodstuff ingre-dients.

7 (12)When free-range farming is indicated on the label formeat from ducks and geese kept for foie gras production,it is necessary also to provide an indication of the latteron the label to ensure that the consumer has full infor-mation on the products characteristics.(13)It is desirable that the COMMISSION should exercisepermanent surveillance of the compatibility withCommunity law, including the marketing standards, ofany national measures adopted in pursuance of theseprovisions. Particular provision should also be made forthe registration and regular inspection of undertakingsauthorised to use terms referring to particular types offarming. Such undertakings should therefore be obligedto maintain detailed records for this purpose.

8 (14)In view of the specialised nature of these inspections, thecompetent authorities of the Member States concernedshould be able to delegate responsibility for them toproperly qualified and duly licensed outside bodies,without prejudice to appropriate supervision andprecautions.(15)Operators in third countries may wish to make use of theoptional indications concerning chilling methods andtypes of farming. Provision should be made for themto do so, subject to appropriate certification by thecompetent authority of the third country concerned,which appears on a list established by the COMMISSION .(16)In view of economic and technological developments inboth the preparation of poultry and checks, and giventhat water content is of particular interest in themarketing of frozen or quick-frozen poultry, themaximum water content of frozen or quick-frozenpoultry should be fixed and a monitoring system bothin slaughterhouses and at all marketing stages should bedefined without violating the principle of the free circu-lation of products in a single market.

9 (17)Water absorption in the production establishment shouldbe verified and reliable methods for the determination ofthe content of water added during the preparation ofcarcases of frozen or quick-frozen poultry should beestablished without a distinction being made betweenphysiological liquid and other water originating fromthe preparation of the poultry given that such adistinction would entail practical difficulties.(18)The marketing of non-conforming frozen or quick-frozenpoultry without a suitable indication on the packagingshould be prohibited. As a result, it is necessary to adoptpractical rules with regard to the indications to bemarked on individual and bulk packaging dependingon their destination so as to facilitate checks and toensure that they are not used other than for theirintended use.

10 (19)It is necessary to lay down the action to be taken if acheck reveals an irregularity in a consignment, where theproducts do not satisfy the requirements of this Regu-lation. A procedure should be established for thesettlement of disputes which may arise in respect ofintra-Community consignments.(20)In the event of a dispute, the COMMISSION should be ableto take action on the spot and by adopting measuresappropriate to the situation.(21)The harmonisation of requirements concerning watercontent presupposes the designation of Community andnational reference laboratories.(22)Community financial assistance should be provided.(23)A contract should be concluded between the Communityand the Community reference laboratory setting out theconditions governing payment of financial assistance.