7. 6. 91 Official Journal of the European Communities No L 143/11 COMMISSION REGULATION (EEC) No 1538/91 of 5 June 1991 introducing detailed rules for implementing Regulation (EEC) No 1906/90 on certain marketing standards for poultry THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 1906/90 of 26 June 1990 on certain marketing standards for poultry (), and in particular Article 9 thereof, Whereas Regulation (EEC) No 1906/90 enacted certain marketing standards for poultry, the application of which requires the adoption of provisions concerning in parti- cular the list of those poultry carcases, parts thereof and offals to which the said Regulation applies, classification by conformation, appearance an weight, types of presenta- tion, 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 provi- sions in order to ensure their uniform application throughout the Community ; Whereas, in order to provide for the marketing of poultry in different classes according to conformation and appea- rance, 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 ; whereas in the case of the product known as ‘Foie gras’the high value and consequent risk of fraudu- lent practices make it necessary to lay down especially precise minimum marketing standards ; Whereas it is not necessary for these standards to be applied to certain products and presentations which are of local or otherwise limited importance ; whereas, however, names under which such products are sold should not be likely to mislead the consumer to a material degree by causing him to confuse these products with products which are subject to these provisions ; whereas, similarly, additional descriptive terms used to qualify the names of such products should also be subject to this provision ; Whereas storage and handling temperature is of crucial importance to the maintenance of high standards of quality ; whereas, therefore, it is appropriate to lay down a minimum temperature at which forzen poultrymeat products are to be kept; Whereas the provisions of this Regulation and in parti- cular those relating to surveillance and enforcement must () OJ No L 173, 6. 7. 1990, p. 1. be applied uniformly throughout the Community; whereas detailed rules adopted to those ends must also be uniform ; whereas it is therefore necessary to lay down common measures in the matter of sampling procedures and tolerances ; Whereas it is necessary, both in order that the consumer be provided with sufficient, unequivocal and objective information concerning such products offered for sale, and in order to secure the free movement of such products throughout the Community, to ensure that poul- trymeat marketing standards take into account as far as is paracticable 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 prepackaged products (3, as amended by Directive 78/891/EEC (%) ; Whereas among the indications which may optionally be ued on the labelling are those concerning the method of chilling and particular types of farming ; whereas the use of the latter, in the interest of consumer protection, needs to be subordinated to the respect of closely-defined criteria concerning both husbandry conditions and quan- tity thresholds for stating certain criteria such as age at slaughter or length of fattening period and content of certain foodstuff ingredients; Whereas it is appropriate for the Commission to exercise permanent surveillance of the compatibility with Community law, including the marketing standards, in particular of any national measures adopted in pursuance of these provisions; whereas particular provision should also be made for the registration and regular inspection of undertakings authorized to use terms referring to parti- cular types of farming ; whereas such undertakings must therefore be obliged to maintain regular and detailed records for this purpose ; Whereas, in view of the specialized nature of these inspections, responsibility for them may be delegated by the competent authorities of the Member State concerned, subject to the appropriate supervision and safeguards, to properly qualified and duly licensed outside bodies ; Whereas operators in third countries may wish to make use of optional indications concerning chilling methods and types of farming ; whereas provision should be made () OJ No L 46, 21. 2. 1976, p. 1. () OJ No L 311, 4. 11. 1978, p. 21.