The Implications of The Welfare of Laying Hens Directive for the Egg Industry

Written evidence submitted by Compassion in World Farming (EGG 02)

SUMMARY

1. Some UK farmers fear that egg producers in other Member States will be given extra time to phase out battery cages.  That is most unlikely to happen.  The European Commission, the EU Agriculture Council and the European Parliament have all made it clear that they are opposed to any postponement.

2. UK farmers are concerned that, after 1 January 2012, they will be undermined by the import of battery eggs illegally produced in other Member States. They are, however, less vulnerable to such imports than they may think as the ban on battery cages is receiving strong support from UK supermarkets and other food businesses many of which no longer sell or use battery eggs.

3. Defra suggests that one way of protecting UK producers might be an intra-EU trade ban. However, there is no need for legislation to introduce an intra-EU trade ban as such a ban is in effect already in place.  Under the EU Egg Marketing Regulation battery eggs cannot be lawfully marketed anywhere in the EU from 1 Ja n uary 2012.  This means that the UK is legally entitled from that date not to permit the sale of battery eggs illegally produced in other Member States.

4. Defra has suggested that, as part of an intra-community trade ban, the Egg Marketing Regulation should be amended to permit, after 1 January 2012, the sale of battery eggs in the Member State of production even though such eggs will have been produced unlawfully.  This could lead to the unravelling of the cage ban.  Legalising the sale of battery eggs would result in farmers in countries such as Spain having little incentive to move away from battery cages.

5. We are opposed to a new code ‘4’ being given to battery eggs after 1 January 2012 as this would legalise the sale of illegally produced eggs.

6. It is vital that the Member States and the European Commission take strong, effective enforcement action in respect of producers who still use battery cages after 1 January 2012. Defra must refuse to permit the sale of battery eggs illegally produced in other Member States after 1 January 2012 .

DETAILED SUBMISSION

7. The EU ban on battery cages comprises two linked instruments: a ban on the use of battery cages and a ban on the sale of battery eggs.

Implications of the Directive for the English egg production, food processing and manufacturing sector

8. Farmers in the UK and the rest of northern Europe are well on course to complying with the ban on battery cages by January 2012. The French egg industry has also confirmed that it will be in compliance by January 2012. However, in certain southern and eastern EU Member States a substantial number of egg producers are behind schedule for meeting the 2012 deadline.

Will the ban be postponed or will derogations be given to certain egg producers or Member States?

9. Some UK farmers fear that egg producers in other Member States will be given extra time to phase out battery cages.  That is most unlikely to happen.  The European Commission has on a number of occasions made it clear that they do not intend to propose a postponement of the ban and in February 2010 the EU Agriculture Council rejected a proposal by Poland that the ban should be postponed.  Moreover, the Laying Hens Directive does not give the Commission the power to grant derogations to individual Member States or producers.

10. At a stakeholder meeting organised by the European Commission on 19 January 2011, of 20 Member States that spoke only Poland wanted a postponement of the ban. The vast majority were opposed to any postponement.

11. The European Parliament’s resolution of 16 December 2010 calls on the Commission to maintain the requirement for the ban to come into force on 1 January 2012 and to strongly oppose any attempts by Member States to secure a deferral of that deadline.

Support for ban from food businesses

12. UK farmers fear that, after 1 January 2012, they will be undermined by the import of battery eggs illegally produced in other Member States. They are, however, less vulnerable to such imports than they may think as the ban on battery cages is receiving strong support from UK food businesses many of which no longer sell or use battery eggs.

13. All major UK supermarkets have stopped selling battery eggs or are committed to doing so by January 2012 (see Annex for details). Several are also cage-free on the egg ingredients used in products. Many UK foodservice operators are cage-free; these include McDonald’s, Pret à Manger, Starbucks, Subway, Little Chef, JD Wetherspoon and Ikea. Unilever uses only free range eggs in its Hellmann’s mayonnaise. Turning to public procurement, 96 local authorities use cage-free eggs in food and meals that they provide.

Defra support for the egg and egg products industry

14. UK egg producers must be protected from the import after 1 January 2012 of battery eggs illegally produced in other Member States. We are, however, concerned by certain Defra proposals as these could undermine the EU ban on battery cages and the sale of battery eggs.

15. Defra suggests that one way of protecting compliant producers might be an intra-community trade ban and that "in practice this would mean that [battery] eggs may only be sold in the Member State of production for a limited period only". However, there is no need for legislation to introduce an intra-EU trade ban as such a ban is in effect already in place.  Under the EU Egg Marketing Regulation battery eggs cannot be lawfully marketed anywhere in the EU from 1 January 2012 .  This means that the UK is legally entitled from that date not to permit the sale of battery eggs illegally produced in other Member States. In December 2010 the Commission stressed during a European Parliament debate that "eggs from conventional cages will not be legally marketable after January 2012".

16. We are opposed to Defra’s proposal that the Egg Marketing Regulation should be amended to permit, after 1 January 2012, the sale of battery eggs in the Member State of production even though such eggs will have been produced unlawfully.  This could lead to the unravelling of the cage ban.  Legalising the sale of battery eggs would result in farmers in countries such as Spain having little incentive to move away from battery cages.

17. Defra suggest s that the permission to continue selling battery eggs would be for a limited period only. However, once negotiations are opened the UK will not be in a position to control them and may find other Member States pressing for a lengthy period during which illegally produced battery eggs can continue to be sold.

18. Some are pressing for a new code ‘4’ to be given to battery eggs after January 2012 to enable enriched cage and battery eggs to be distinguished. We are opposed to a code being given to battery eggs as this would legalise the sale of eggs that have been produced illegally.

19. The UK is less vulnerable to imports of illegally produced battery eggs than may be thought as only 11.5% of EU egg production (including shell eggs and egg products) is traded between the Member States. Indeed, only 2.2 % of Spanish egg production , 3% of Italian production and 3.9% of Polish production is exported to other Member States. These figures are based on a recent study produced for the European Parliament .

How the European Commission plans to ensure compliance with the Directive

20. The Commission has asked Member States by a formal letter to submit their national action plans for implementing the ban. The Commission’s Food and Veterinary Office must inspect all behind schedule Member States in the early weeks of 2012 to assess the situation and the Commission must bring infringement proceedings against Member States that are failing to enforce the ban.

21. EU law requires egg farms to be registered and given a distinguishing number. Member States should be obliged to re-register and give a new distinguishing number in January 2012 to farms registered as operating a cage system. Re-registration would be granted only following an inspection that shows that the farm no longer uses battery cages. Such a requirement for re-registration will prevent farmers from continuing to operate if they still use battery cages.

February 2011

See Annex setting out the position of major UK retailers:

ANNEX