BEIC drops legal case against DEFRA

The British Egg Industry Council has dropped its legal proceedings against DEFRA, having received confirmation from farming minister Jim Paice that there should be no imports of eggs or egg products produced in battery cages in Europe.

The BEIC had threatened to seek a judicial review against DEFRA, when Mr Paice refused to implement a unilateral import ban on illegal eggs and egg products last December.

But it has now received clarification, both from the EU Commission and DEFRA, that non-compliant member states have agreed that illegally-produced eggs will not leave the member states in which they are produced.

In a letter to the BEIC this week, Mr Paice stated that, under an agreement between the EU Commission and non-compliant member states, “eggs from conventional cages could only go to processing in the member state of origin and could not be exported”.

It is understood that the agreement forms part of the action plans submitted by non-compliant member states to the EU Commission at the start of the year.

It is essentially the same condition that was contained in the so-called “gentleman’s agreement” that was on the table in Brussels last October.

While it prevents powdered and liquid egg from leaving the member state in question, it does not limit trade in products such as pasta or cakes derived from that processed egg.

Furthermore, it has no legal standing, but is more a statement of intent by non-compliant member states while they work to convert or decommission their remaining battery cages.

DEFRA insists that nothing has really changed with regards to the egg marketing regulations. Should illegal shell eggs turn up in the UK they would be downgraded to Class B and sent for processing, rather than being destroyed or sent back.

The BEIC has decided not to proceed with the next stage of the judicial review process it started in January.