The EU Commission met with the member states (Defra representing the UK) for the 5th time on 20 July. The Commission, in an attempt to move discussions forward, have proposed a compromise solution. Although the full detail is yet to be confirmed we believe that the compromise is based on extending the existing 12 week derogation to 16 weeks without any additional requirement and the derogation applies on a per flock basis. The proposal for wintergardens/verandas appears to have been dropped completely.
There will now follow a short period of consultation with the Commission who are expected to proceed with a delegated act, hoping to finalise any changes to the regulation by mid-December.
The Commission has pulled together the various discussions from previous meetings with member states in an attempt to reach a compromise and had proposed the following:
- The 12-week derogation is extended to 16 weeks without any additional requirement (e.g. no requirement for outdoor protected area);
- The derogation applies on a per flock basis (previously this applied on a per farm basis);
- The clock starts ticking for the subsequent flock when it is housed (from 17 weeks) and not when the hens lay their first egg. The Commission argues that it would be difficult to define the date of first egg;
- After 16 weeks eggs would be downgraded to barn;
- The proposal for wintergardens/verandas has been dropped
The attached Commission presentation slide, gives three scenarios all demonstrating the impact of, for example, a 28-week housing order on the proposed 16-week-per-flock derogation. In one of the scenarios a producer has retained free range marketing status for a total of 24 weeks (spread over two flocks).
Background information
A Housing Order in England commenced on 6 December 2016 and ended on 28 February 2017 (12 weeks) for flocks outside of the Higher Risk Areas (HRAs). For free range flocks in HRAs the Housing Order ended on 13 April (just over 18 weeks).
The proposal from the EU Commission is somewhat short of our position and represents a typical compromise. It is however an improvement on the current position and introduces some flexibility. We continue to meet with Defra to promote the NFU position and also to raise awareness of free range poultry meat producers.