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20.12.2012 Official
Journal
of
the
European
Union L
350/63
COMMISSION IMPLEMENTING REGULATION (EU) No 1239/2012
of 19 December 2012
amending Regulation (EC) No 543/2008 laying down detailed rules for the application of Council
Regulation (EC) No 1234/2007 as regards the marketing standards for poultrymeat
THE EUROPEAN COMMISSION,
(4) New
technologies
have
given
rise
to
the
development
of
new chilling methods for which the same rules should
Having regard to the Treaty on the Functioning of the European
apply as for the chilling methods defined in Article 10 of
Union,
Regulation (EC) No 543/2008. Therefore, it is necessary
to set down the limit values that will apply when new
Having regard to Council Regulation (EC) No 1234/2007 of
chilling methods are used.
22 October 2007 establishing a common organisation of agri
cultural markets and on specific provisions for certain agri
(5) Given
that
the
new
technologies
for
chilling
poultry
cultural products (Single CMO Regulation) (
carcases are explored in order to improve the overall

1 ), and in particular
Article 121(e), in conjunction with Article 4 thereof,
quality of poultrymeat, the limit values for these new
chilling methods should not exceed the lowest limit
values established for the air chilling method.
Whereas:
(6) Annex
XI
to
Regulation
(EC)
No
543/2008
contains
the
(1) Article
15(1)
and
Article
20(1)
of
Commission
Regu
list of national reference laboratories. The competent
lation (EC) No 543/2008 ( 2 ) establish that frozen and
authorities of Malta have notified the Commission of
quick-frozen chickens and certain poultry cuts may be
the new designation of their national reference
marketed within the Union only if the water content
laboratory.
does not exceed the technically unavoidable values
determined by the methods of analysis described in
(7) Regulation
(EC)
No
543/2008
should
therefore
be
Annexes VI, VII and VIII to that Regulation, respectively.
amended accordingly.
(2) Article
16(1)
of
Regulation
(EC)
No
543/2008
provides (8) The
measures
provided
for
in
this
Regulation
are
in
that regular checks in accordance with Annex IX to that
accordance with the opinion of the Management
Regulation on the water absorbed or checks in
Committee for the Common Organisation of Agricultural
accordance with Annex VI to that Regulation are to be
Markets,
carried out in the slaughterhouses.
HAS ADOPTED THIS REGULATION:
(3) Annexes
VI
and
VII
to
Regulation
(EC)
No
543/2008
provide limit values for the water content of frozen
Article 1
and quick frozen chicken carcases, Annex VIII to that
Annexes VI to IX and Annex XI to Regulation (EC) No
Regulation provides limit values for the water content
543/2008 are amended in accordance with the Annex to this
of certain poultry cuts and Annex IX to that Regulation
Regulation.
provides limit values for the water content of fresh poul
trymeat in checks on the absorption of water in the
Article 2
production establishment. These limit values are all
fixed by reference to three methods of chilling defined
This Regulation shall enter into force on the seventh day
in Article 10 of that Regulation, namely air chilling, air-
following that of its publication in the Official Journal of the
spray chilling and immersion chilling.
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 December 2012.
For the Commission
The President
José Manuel BARROSO
( 1 ) OJ L 299, 16.11.2007, p. 1.
( 2 ) OJ L 157, 17.6.2008, p. 46.

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L 350/64
EN
Official Journal of the European Union
20.12.2012
ANNEX
Annexes VI to IX and Annex XI to Regulation (EC) No 543/2008 are amended as follows:
(1) in Annex VI, point 7 is replaced by the following:
‘7. Evaluation of result
If the average water loss on thawing for the 20 carcases in the sample exceeds the percentages given below, it is
considered that the amount of water absorbed during processing exceeds the permissible limit.
The percentages are, in the case of:
air chilling: 1,5 %,
air spray chilling: 3,3 %,
immersion chilling: 5,1 %.
other chilling method or a combination of two or more of the methods defined in Article 10: 1,5 %.’;
(2) in Annex VII, point 6 is replaced by the following:
‘6. Calculation
of
results
6.1. (a) The weight of water (W) in each carcase is given by aP 1 /100 and the weight of protein (RP) by bP 1 /100,
both of which are expressed in grams. The sums of the weights of water (W 7 ) and the weights of protein
(RP 7 ) in the seven carcases analysed are determined.
(b) In the case of a composite sample analysis, the average content of water and protein from the two samples
analysed is determined to give a % and b %, respectively. The weight of the water (W 7 ) in the seven carcases
is given by aP 7 /100, and the weight of protein (RP 7 ) by bP 7 /100, both of which are expressed in grams.
6.2. The average weight of water (W A ) and protein (RP A ) is calculated by dividing W 7 and RP 7 , respectively, by
seven.
6.3. The theoretical physiological water content in grams as determined by this method may be calculated by the
following formula:
chickens: 3,53 × RP A + 23.
6.4. (a) Air chilling
Assuming that the minimum technically unavoidable water content absorbed during preparation amounts to
2 % (*), the highest permissible limit for the total water content (W G ) in grams as determined by this
method is given by the following formula (including confidence interval):
chickens: W G = 3,65 × RP A + 42.
(b) Air-spray chilling
Assuming that the minimum technically unavoidable water content absorbed during preparation amounts to
4,5 % (*), the highest permissible limit for the total water content (W G ) in grams as determined by this
method is given by the following formula (including confidence interval):
chickens: W G = 3,79 × RP A + 42.
(c) Immersion chilling
Assuming a technically unavoidable water absorption during preparation of 7 % (*) the highest permissible
limit for the total water content (W G ) in grams as determined by this method is given by the following
formula (including confidence interval):
chickens: W G = 3,93 × RP A + 42.
(d) Other chilling methods or a combination of two or more of the methods defined in Article 10
Assuming that the minimum technically unavoidable water content absorbed during preparation amounts to
2 % (*), the highest permissible limit for the total water content (W G ) in grams as determined by this
method is given by the following formula (including confidence interval):
chickens: W G = 3,65 × RP A + 42.

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EN
20.12.2012 Official
Journal
of
the
European
Union L
350/65
6.5. If the average water content (W A ) of the seven carcases as calculated under point 6.2 does not exceed the value
given in point 6.4 (W G ), the quantity of poultry subjected to the check shall be considered up to standard.
___________
(*) Calculated on the basis of the carcase, exclusive of absorbed extraneous water.’;
(3) in Annex VIII, point 6 is replaced by the following:
‘6. Calculation
of
results
6.1. (a) The weight of water (W) in each cut is given by aP 1 /100 and the weight of protein (RP) by bP 1 /100, both of
which are expressed in grams.
The sums of the weights of water (W 5 ) and the weights of protein (RP 5 ) in the five cuts analysed are
determined.
(b) In the case of a composite sample analysis, the average content of water and protein from the two samples
analysed is determined to give a % and b %, respectively. The weight of the water (W 5 ) in the five cuts is
given by aP 5 /100, and the weight of protein (RP 5 ) by bP 5 /100, both of which are expressed in grams.
6.2. The average weight of water (W A ) and protein (RP A ) is calculated by dividing W 5 and RP 5 respectively, by five.
6.3. The mean physiological W/RP ratio as determined by this method is as follows:
chicken breast fillet: 3,19 ± 0,12,
chicken legs and leg quarters: 3,78 ± 0,19,
turkey breast fillet: 3,05 ± 0,15,
turkey legs: 3,58 ± 0,15,
deboned turkey leg meat: 3,65 ± 0,17.
6.4. Assuming that the minimum technically unavoidable water content absorbed during preparation amounts to
2 %, 4 % or 6 % (*) depending on the type of products and chilling methods applied, the highest permissible
W/RP ratios as determined by this method are as follows:
Air chilled Air-spray
chilled Immersion
chilled
Chicken breast fillet; without skin 3,40 3,40 3,40
Chicken breast; with skin 3,40 3,50 3,60
Chicken thighs, drumsticks, legs, legs with a
4,05 4,15 4,30
portion of the back, leg quarters, with skin
Turkey breast fillet; without skin 3,40 3,40 3,40
Turkey breast, with skin 3,40 3,50 3,60
Turkey thighs, drumsticks, legs, with skin 3,80 3,90 4,05
Deboned turkey leg meat, without skin 3,95 3,95 3,95
In case of other chilling methods or a combination of two or more of the methods defined in Article 10, the
unavoidable water content is assumed to amount to 2 % and the highest permissible W/PR ratios are those fixed
for the air chilling method in the table above.
If the average W A /RP A ratio of the five cuts as calculated from the values under point 6.2 does not exceed the
ratio given in point 6.4, the quantity of poultry cuts subjected to the check is considered up to standard.
___________
(*) Calculated on the basis of the cut, exclusive of absorbed extraneous water. For (skinless) fillet and deboned turkey
leg meat, the percentage is 2 % for each of the chilling methods.’;

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L 350/66
EN
Official Journal of the European Union
20.12.2012
(4) in Annex IX, the following point 11 is added:
‘11. In cases where carcases are chilled with an other chilling method or a combination of two or more of the
methods defined in Article 10, the maximum percentage of water content shall not exceed 0 % of the original
weight of the carcase.’;
(5) in Annex XI, the entry concerning Malta is replaced by the following:
‘Malta
MCCAA Laboratory Services Directorate
Standards and Metrology Institute
Malta Competition and Consumer Affairs Authority
F22, Mosta Technopark
Mosta MST3000
Malta’

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