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

• Published date: 20 January 2006
• Subject Matter: Eggs and poultry
• Official Gazette Publication: Official Journal of the European Union, L 15, 20 January 2006

20.1.2006 EN Official Journal of the European Union L 15/30

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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,

Having regard to the Treaty establishing the European Community,

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

(2) 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.

(3) In order to safeguard consumers against statements 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 (EC) No 2295/2003 lays 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.

(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.

(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.

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

(7) In order to take account of the possible economic consequences of such temporary restrictions, since the whole of the sector needs a reasonable adjustment period, especially as regards labelling, and provided that product quality is not substantially affected, provision should be made for a transitional period during which

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