CELEX: 
Language: en
Date: 2017-09-20 00:00:00
Title: COMMISSION DELEGATED REGULATION (EU) …/... amending Regulation (EC) No 589/2008 as regards marketing standards for free range eggs where hens' access to open air runs is restricted

EXPLANATORY MEMORANDUM
            
            
               1.CONTEXT OF THE DELEGATED ACT
            
            
               Commission Regulation (EC) No 589/2008 lays down detailed rules for implementing Council Regulation (EC) No 1234/2007 as regards marketing standards for eggs. In particular, point 1 of Annex II to Regulation (EC) No 589/2008 lays down minimum requirements for "free range eggs". Regulation (EU) No 1308/2013 has replaced Regulation (EC) No 1234/2007 and empowers the Commission to adopt delegated acts in this field in accordance with its Article 227.
            
            
               Current marketing standards provide that "free-range" eggs can no longer be labelled as such when laying hens' outdoor access is restricted for veterinary reasons for more than 12 weeks. Avian influenza outbreaks in 2016/17 have been such that veterinary housing orders exceeded this limit and eggs had to be marketed as "barn" eggs with a corresponding loss in value.
            
            
               It appears necessary to amend Annex II to Regulation (EC) No 589/2008 to adjust the relevant marketing standard and provide for a longer derogation period. With a view to harmonising implementation throughout the Union, the present revision also clarifies the starting point of the derogation period. 
            
            
               2.CONSULTATIONS PRIOR TO THE ADOPTION OF THE ACT
            
            
               The Commission discussed the elements to be included in the draft Delegated Regulation with experts nominated by the Member States in 5 meetings of the CMO Expert Group during the period of March to July 2017 and took account of the views and positions expressed during these consultations as well as of elements discussed during the meetings with stakeholders.
            
            
               The draft Delegated Regulation was made available for public consultation within the framework of the Better Regulation Portal for a period of four weeks from 7 August to 4 September 2017. In total 40 feedback contributions were received. About half of the relevant contributions came from individual citizens and half from professional organizations. The comments and proposals were balanced between business organisations asking for a more flexible approach, e.g. extending the proposed derogation even further, and citizens claiming that the proposed derogation period already goes too far. The draft text therefore appears to strike an appropriate balance. Going beyond the proposed amendments by providing even longer derogation periods would put at risk the meaningfulness of the marketing standard.
            
            
               Experts of the European Parliament were informed about all those discussions and invited to all the meetings.
            
            
               3.LEGAL ELEMENTS OF THE DELEGATED ACT
            
            
               The Delegated Regulation amends Commission Regulation (EC) No 589/2008 as regards marketing standards for free range eggs where hens' access to open-air runs is restricted.
            
            
               In order to ensure harmonised implementation of the derogation period for "free range eggs" and to take account of recent and future prolonged epizootics, it is necessary to clarify the start of the derogation period and to provide for a longer derogation period. Therefore marketing standards for free range eggs where hens' access to open air runs is restricted needs to be amended to provide more flexibilty for producers while preserving the meaningfulness of marketing standards and ensuring consumers' confidence.
            
            
            
               COMMISSION DELEGATED REGULATION (EU) …/...
            
            
               of 20.9.2017
            
            
               amending Regulation (EC) No 589/2008 as regards marketing standards for free range eggs where hens' access to open air runs is restricted
            
            
               THE EUROPEAN COMMISSION,
            
            
               Having regard to the Treaty on the Functioning of the European Union,
            
            
               Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007
                  1
                , and in particular Article 75(2) thereof,
            
         
         
            
               Whereas:
            
            
               (1)Commission Regulation (EC) No 589/2008
                  2
                lays down detailed rules for implementing Council Regulation (EC) No 1234/2007
                  3
                as regards marketing standards for eggs. In particular, point 1 of Annex II to Regulation (EC) No 589/2008 lays down minimum requirements for ʽfree range eggsʼ.
            
            
               (2)Regulation (EU) No 1308/2013 has replaced Regulation (EC) No 1234/2007 and empowers the Commission to adopt delegated acts in this respect in accordance with its Article 227.
            
            
               (3)Point 1(a) of Annex II to Regulation (EC) No 589/2008 provides for a derogation period to market eggs as ʽfree rangeʼ in cases of restricted access to open air due to restrictions adopted under Union law, including veterinary restrictions to protect public and animal health, but for a period of no more than 12 weeks. Following serious outbreaks of avian influenza in the Union, it appears necessary to provide for a longer derogation period and further clarify rules with a view to their harmonised implementation throughout the Union, in particular regarding the starting point of the derogation period.
            
            
               (4)Annex II to Regulation (EC) No 589/2008 should therefore be amended accordingly.
            
            
               (5)With a view to ensuring an immediate implementation of this measure, the Regulation should enter into force on the third day following its publication in the Official Journal of the European Union,
            
            
               HAS ADOPTED THIS REGULATION:
            
            
               Article 1
            
            
               Annex II to Regulation (EC) No 589/2008 is replaced by the text set out in the Annex to this Regulation. 
            
            
               Article 2
            
            
               This Regulation shall enter into force on the third day following that of 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, 20.9.2017
            
            
               
                     For the Commission
               
               
                     The President
                     Jean-Claude JUNCKER
               
               
            
         
         
            
                  
                     (1)
                  OJ L 347, 20.12.2013, p. 671. 
               
               
                  
                     (2)
                  Commission Regulation (EC) No 589/2008 of 23 June 2008 laying down detailed rules for implementing Council Regulation (EC) No 1234/2007 as regards marketing standards for eggs (OJ L 163, 24.6.2008, p. 6).
               
               
                  
                     (3)
                  Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (OJ L 299, 16.11.2007, p. 1).
               
            
      
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               ANNEX
            
            
               Minimum requirements for systems of production for the various egg farming methods
            
            
               1.‘Free-range eggs’ must be produced in systems of production which satisfy at least the conditions specified in Article 4 of Council Directive 1999/74/EC.
            
            
               In particular, the following conditions must be satisfied:
            
            
               (a)hens must have continuous daytime access to open-air runs. However, this requirement does not prevent a producer from restricting access for a limited period of time in the morning hours in accordance with usual good farming practice, including good animal husbandry practice.
            
            
               Should measures adopted under Union law require access of hens to open-air runs to be restricted in order to protect public or animal health, eggs may be marketed as ‘free-range’ notwithstanding that restriction, provided that the laying hens have not had their access to open air runs restricted for a continuous period of more than 16 weeks. That maximum period shall start from the date on which the group of hens in question, put in place at the same time, actually had their access to open air runs restricted. 
            
            
               (b)open-air runs to which hens have access must be mainly covered with vegetation and not be used for other purposes except for orchards, woodland and livestock grazing if the latter is authorised by the competent authorities;
            
            
               (c)the maximum stocking density of open-air runs must not be greater than 2 500 hens per hectare of ground available to the hens or one hen per 4 m2 at all times. However, where at least 10 m2 per hen is available and where rotation is practised and hens are given even access to the whole area over the flock’s life, each paddock used must at any time assure at least 2,5 m2 per hen;
            
            
               (d)open-air runs must not extend beyond a radius of 150 m from the nearest pophole of the building. However, an extension of up to 350 m from the nearest pophole of the building is permissible provided that a sufficient number of shelters as referred to in Article 4(1)(3)(b)(ii) of Directive 1999/74/EC are evenly distributed throughout the whole open-air run with at least four shelters per hectare.
            
            
               2.‘Barn eggs’ must be produced in systems of production which satisfy at least the conditions specified in Article 4 of Directive 1999/74/EC.
            
            
               3.‘Eggs from caged hens’ must be produced in systems of production which satisfy at least:
            
            
               (a) the conditions specified in Article 5 of Directive 1999/74/EC until 31 December 2011; or
            
            
               (b) the conditions specified in Article 6 of Directive 1999/74/EC.
            
            
               4.Member States may authorise derogations from points 1 and 2 of this Annex for establishments with fewer than 350 laying hens or rearing breeding laying hens as regards the obligations referred to in the second sentence of points 1(d),1(e), 2, 3(a)(i) and 3(b)(i) of Article 4(1) of Directive 1999/74/EC.