Commission Regulation (EC) No 89/2006 of  19 January 2006  amending Regulation (EC) No 2295/2003 with regard to the terms that may be used when marketing eggs where the access of hens to open-air runs is restricted
Date: 2006-01-19
Institutions: European Commission
Subjects: egg, labelling, laying poultry, livestock farming, marketing standard, mode of production

L 15/30

EN

Official Journal of the European Union

20.1.2006

COMMISSION REGULATION (EC) No 89/2006

of 19 January 2006

amending Regulation (EC) No 2295/2003 with regard to the terms that may be used when
marketing eggs where the access of hens to open-air runs is restricted

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

Restrictions,
including veterinary restrictions, adopted
under Community law to protect public and animal
health, may restrict the access of poultry to open-air
runs.

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EEC) No 1907/90 of 26
June 1990 on certain marketing standards for eggs (1), and in
particular Article 7(1)(d) and Article 10(3) thereof,

Whereas:

(1)

(2)

(3)

Commission Regulation (EC) No 2295/2003 (2)
lays
down detailed rules for implementing Regulation (EEC)
No 1907/90.

Commission Directive 2002/4/EC of 30 January 2002 on
the registration of establishments keeping laying hens,
covered by Council Directive 1999/74/EC (3) lays down
minimum standards for the protection of laying hens.

In order
statements
to safeguard consumers against
which might otherwise be made with the fraudulent
intent of obtaining prices higher than those prevailing
for eggs of hens raised in batteries or standard grade
eggs, Regulation
down
minimum husbandry criteria to be respected by farmers
claiming to use particular rearing methods. Only the
terms listed in Annex II
to that Regulation may be
used and Annex III thereto lists the requirements that
must be satisfied in order to be able to use those terms.

(EC) No 2295/2003

lays

(6) Where producers can no longer satisfy all the rearing
conditions laid down in Annex III to Regulation (EC)
No 2295/2003,
of
compulsory labelling
cease
consumers,
relating to the rearing method.

they must,
to use

interests

the

the

in

(7)

(8)

(9)

In order to take account of the possible economic conse-
quences of such temporary restrictions, since the whole
of the sector needs a reasonable adjustment period, espe-
cially as regards labelling, and provided that product
quality is not substantially affected, provision should be
made for a transitional period during which producers
can continue to use the labelling relating to the ‘free-
range’ method of rearing.

A derogation from access to open-air runs is explicitly
provided for in the first indent of point 1(a) of Annex III
to Regulation (EC) No 2295/2003 in the event of
‘temporary restrictions imposed by veterinary authorities’.

Since the duration of temporary restrictions during which
producers may continue to use the term ‘free-range’,
although hens no longer have access to open-air runs,
is not specified, a time-limit should be laid down in order
to protect the interests of consumers.

(4)

Among the specific requirements that must be satisfied in
order to market eggs using the term ‘free-range eggs’,
access to open-air runs is essential.

(1) OJ L 173, 6.7.1990, p. 5. Regulation as last amended by Regulation

(EC) No 1039/2005 (OJ L 172, 5.7.2005, p. 1).

(2) OJ L 340, 24.12.2003, p. 16. Regulation as last amended by Regu-

lation (EC) No 1515/2004 (OJ L 278, 27.8.2004, p. 7).

(3) OJ L 30, 31.1.2002, p. 44. Directive as amended by the 2003 Act of

Accession.

(10)

Regulation (EC) No 2295/2003 should therefore be
amended accordingly.

(11)

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Poultrymeat and Eggs,

20.1.2006

EN

Official Journal of the European Union

L 15/31

HAS ADOPTED THIS REGULATION:

Article 1

restrictions,
under Community law, must not exceed 12 weeks.’

including veterinary restrictions adopted

The first indent of point 1(a) of Annex III to Regulation (EC) No
2295/2003 is hereby replaced by the following:

Article 2

‘— hens have continuous daytime access to open-air runs;
any derogation from this requirement granted because of

This Regulation shall enter into force on the third day following
its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 19 January 2006.

For the Commission

Mariann FISCHER BOEL
Member of the Commission