L 15746 Official Journal of the European Union 17.6.2008 COMMISSION REGULATION (EC) No 543/2008 of 16 June 2008 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards the marketing standards for poultrymeat THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agri- cultural markets and on specific provisions for certain agri- cultural products (Single CMO Regulation) ('), and in particular Article 121(e) in conjunction with Article 4 thereof, Whereas: 1 As from 1 July 2008, Regulation (EEC) No 1906/90 of 26 June 1990 on certain marketing standards for poultry (%) is repealed by Regulation (EC) No 1234/2007. Some of the provisions and obligations in Regulation (EEC) No 1906/90 were not taken over in Regulation (EC) No 1234/2007. As a result, certain provisions and obligations, as appro- priate, must be adopted in a Regulation laying down detailed rules for the application of Regulation (EC) No 1234/2007 to enable the common market organisation and in particular the marketing standards to continue to function properly. Regulation (EC) No 1234/2007 lays down certain marketing standards for poultrymeat, the application of which requires the adoption of provisions concerning in particular the list of those poultry carcases, parts thereof and offal to which the said Regulation applies, classifi- cation by conformation, appearance and weight, types of presentation, the indication of the name under which the products in question are to be sold, the optional use of indications concerning chilling methods and the type of farming, conditions for storage and transport of certain types of poultrymeat and the supervision of these provisions in order to ensure their uniform application throughout the Community. Commission Regulation (EEC) No 1538/91 (%), which lays down detailed rules for the application of Regulation (EEC) No 1906/90, should therefore be repealed and replaced by a new Regulation. () OJ L 299, 16.11.2007, p. 1. Regulation as last amended by Regu- lation (EC) No 4702008 (O] L 140, 30.5.2008, p. 1). (®» OJ L 173, 6.7.1990, p. 1. Regulation as last amended by Regulation (EC) No 1029/2006 (O] L 186, 7.7.2006, p. 6). (®) OJ L 143, 7.6.1991, p. 11. Regulation as last amended by Regu- lation (EC) No 1474/2007 (O] L 329, 14.12.2007, p. 14). () (10) In order to provide for the marketing of poultry in different  classes according to conformation and appearance, it is necessary to lay down definitions relating to species, age and presentation in the case of carcases, and anatomical conformation and content in the case of poultry cuts. In the case of the product known as ‘foie gras’ the high value and consequent risk of fraudulent practices make it necessary to lay down especially precise minimum marketing standards. It is not necessary for these standards to be applied to certain products and presentations which are of local or otherwise limited importance. However, names under which such products are sold should not be such as to mislead the consumer to a material degree by causing him to confuse these products with products which are subject to the standards. Similarly, additional descriptive terms used to qualify the names of such products should also be subject to the standards. With a view to the uniform application of this Regu- lation, the terms ‘marketing’ and ‘batch’ should be defined in the poultrymeat sector. Storage and handling temperature is of crucial importance to the maintenance of high standards of quality. Therefore, it is appropriate to lay down a minimum temperature at which chilled poultrymeat products are to be kept. The provisions of this Regulation and in particular those relating to surveillance and enforcement should be applied uniformly throughout the Community. Detailed rules adopted to those ends should also be uniform. It is therefore necessary to lay down common measures in the matter of sampling procedures and tolerances. It is necessary, in order that the consumer be provided with sufficient, unequivocal and objective information concerning such products offered for sale, and to secure the free movement of such products throughout the Community, to ensure that poultrymeat marketing standards take into account as far as is practicable the provisions of Council Directive 76/211/EEC  of 20 January 1976 on the approximation of the laws of the Member States relating to the making-up by weight or by volume of certain pre-packaged products (). () OJ L 46, 21.2.1976, p. 1. Directive as last amended by Directive 2007/45EC of the European Parliament and of the Council (O] L 247, 21.9.2007, p. 17).