Politicians in the UK have said they are considering a unilateral ban on illegally produced eggs. A European Commission ruling yesterday put an end to hopes for new legislation to enforce next year’s barren cage ban on free trade grounds. A peer, Lord Taylor of Holbeach, said action was necessary to prevent trade distortions arising as a result of non-compliance.

From 1st January, when the EU Welfare of Laying Hens Directive comes into force, any eggs from hens in unenriched cages will become illegal. The legislation has been in planning for 12 years, yet Commission data shows many member states will still not make the deadline. European agriculture officials predict that over 50 million battery hens will remain in barren cages after the new directive comes into force.

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The revelation has sparked the ire of producers in compliant states, who have spent millions of Euros to get up to speed, as well as animal welfare campaigners, who say the lack of compliance is unacceptable. Both groups were pushing for legislation to enforce the ban.

During a meeting in Brussels yesterday, Commissioners ruled that a formal ban on the sale of illegal eggs outside the member state where they were produced would contravene EU trade rules.

Although no agreement on how to properly enforce the Welfare of Laying Hens Directive has been reached in days of talks, European Health and Consumer Policy Commissioner John Dalli said the Commission "will start opening infraction proceedings" against farmers that do not adapt to the new rules. He said 11 states are likely to face written warnings.

Paice and Lord Taylor condemn lack of action

Following the Commission’s prevarication, Farming Minister Jim Paice and Defra minister Lord Taylor both condemned the lack of action, though, while Paice said he was "still hopeful" that the Commission could find a way forward, Lord Taylor said compliant member states, including the UK, should take action to prevent producers of illegal eggs from undercutting compliant producers come January.

Jim Paice offered an exemplarily gender neutral statement in suggesting member states come to a "gentleman’s agreement" over the issue. He said, "I fully understand why other countries who have complied with the rules reject any compromise. However, that would mean the destruction of millions of eggs every week which would not be right. That is why the idea of a 'gentlemen’s agreement' to ensure that eggs from illegal cages do not leave the country of origin, seems the least worst option."

Lord Holbeach’s response was more vociferous. He said UK producers must not be put at a competitive disadvantage when the ban comes into force. Lord Taylor proclaimed, "The government has thoroughly investigated the possibility of taking unilateral action and bringing in a UK ban on imported egg and egg products produced in conventional battery cages in other member states."

Lord Taylor said UK egg producers "must not be put at a disadvantage for leading the way on animal welfare issues". He added, "They should be able to operate within a level playing field across the EU."

Jim Paice said he would be meeting UK industry representatives today "to look at what we in the UK can do alone." Lord Holbeach acknowledged that instigating a unilateral ban would carry "very significant legal challenges", but assured such a move is "still on the table."

Egg industry officials have speculated that of illegal egg products being exported around Europe, liquid and powdered egg products will be most difficult to trace. The states facing written warnings from the commission are: Belgium, Bulgaria, Cyprus, France, Greece, Hungary, Italy, Latvia, Poland, Portugal and Romania.