Egg producers across the UK are having to come to terms with the news that they have been left high and dry over the issue of the ban on battery cages.
The ban came into force on January 1 2012 by which time UK producers had made sure they were 100% compliant.
At considerable expense they had taken out their old style battery cages and replaced them with high welfare colony cages.
It soon became apparent however that many EU countries had not followed suit. It was a blow because at a stroke it made British eggs uncompetitive.
Now however there has been- as NFU Scotland has called it – a “further slap in the face” with the European Court of Justice imposing a “paltry” fine on Italy for non-compliance.
Following lengthy court proceedings, the court found Italy guilty of failing to implement the Welfare of Laying Hens Directive 1999. Despite a 13-year lead in period to the ban coming into force, the Italian authorities claimed they did not have sufficient time to make sure all farms were compliant in time.
The upshot is that Italy will only have to pay the legal costs of the case and the European Commission did not ask for any further financial penalties to be levied.
NFUS believes that level of fine will do nothing to drive compliance with existing or future welfare rules across the EU. A case against Greece regarding non-compliance with the laying cage ban has still to be resolved but it appears now that, if found guilty, the country would also only face paying legal costs.
To make matters worse the EU reportedly has no plans to inspect compliance with the ban in the member states known to have failed to meet the January 1, 2012 deadline.
This news will be greeted with incredulity by Scottish farmers in general, living as they do under constant fear of draconian fines or disallowances for even the most minor non-compliances.
NFUS’s Animal Welfare Policy Manager Penny Johnston said: “This court decision makes a mockery of the penalty system given that this was a clear and deliberate flouting of the rules.
“These lamentable efforts in delivering and enforcing animal welfare legislation sends out a message to Member States that failure to comply with current or future rules will only result in a ‘slap-on-the-wrist’.
Blairgowrie-based poultry industry supplier and free range egg producer John Retson said: “I am astonished at this news. It is important that consumers have access to colony produced eggs as well as free range so that they have choice. I know Scottish producers did everything in good faith to comply to the letter of the law so this seems all wrong. I wonder if enough pressure is being exerted on the EU authorities over this.”
He said he was worried the same non-compliance would happen if beak trimming is banned as proposed in January 2016.
“This would be a disaster for free range and colony producers alike and very difficult to cope with,” said Mr Retson.
“It is easy to say that the UK won’t import eggs produced in countries that don’t comply with the regulations. It might work with shell eggs but with liquid eggs there is no way of knowing where they have come from.”