Introductory text

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 poultrymeat^f1, and in particular Article 2(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

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15 February 1971 on health problems affecting the production and placing on the market of fresh poultrymeat^f2 has been repealed by Directive 2004/41/EC of the European Parliament and of the Council^f3 and replaced by Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs^f4 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^f5.

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relating to the labelling, presentation and advertising of foodstuffs for sale to the ultimate consumer^f6 has been repealed and replaced by Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States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 foodstuffs^f7.

Council Regulation (EEC) No 1906/90^f8 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 derogation such as that in Article 3(II) of Directive 71/118/EEC, limited to a specific number of birds, should be retained for Regulation (EEC) No 1906/90.

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 poultrymeat^f9. 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 poultrymeat^f10. That reference is redundant and should be deleted.

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

HAS ADOPTED THIS REGULATION: