DEFRA stands by perch interpretation

Defra has told the British Free Range Egg Producers Association that it intends to stand by the way it interprets EU rules on free range perches, despite coming under increased pressure from the European Commission.

We reported in the Ranger in June that free range egg producers in England and Wales could be forced to spend money on converting their hen houses if the European Commission succeeded in forcing the Westminster Government to change the way it interpreted the rules. In England and Wales, Government has consistently taken the view that, under the welfare of laying hens rules, floor slats can be classed as perches in non-cage systems.

EU officials have repeatedly raised their concerns about this interpretation. Fears that the EU may try to force its view on Westminster were raised again recently following the intervention of Andrea Gavinelli, the head of Unit D5 - Animal Welfare in the Health and Consumers Directorate General of the European Commission.

He produced a document in which he outlined the way rules on the welfare of laying hens should be enforced by member states. Mr Gavinelli said categorically in this document that slatted floors could not be classed as perches – a view which contradicted the way in which the EU regulations have been implemented in England and Wales.

Andrea Gavinelli’s view was expressed in a document entitled ’Legal interpretation of Council Directive 1999/74/EC laying down minimum standards for the protection of laying hens.’


It was issued by the European Commission Health & Consumers Directorate General on April 13 this year in Andrea Gavinelli’s name, although the document does carry a disclaimer. It reads, "The views expressed may not in any circumstances be regarded as stating an official position of the European Commission."

The document says there is a need for legal clarity because of "interpretation divergences as regards minimum requirements for enriched cages and alternative systems laid down in Council Directive 1999/74/EC." The document offers clarification on a number of clauses within the directive.

On the issue of slatted floors as perches, it says, "Part of slatted floor cannot constitute a perch under Directive 1999/74/EC since the floor is not elevated so as to adequately satisfy the behavioural needs of the animals.

Perches can meet the needs of the animals only when they are elevated, as confirmed by the scientific assessment." In another section, the document says that birds should be able to put their claws below perches.

BFREPA contacted Defra to ascertain how the department intended to react to this latest intervention, and the association has now received an assurance from Defra’s animal welfare team that it stands by its existing interpretation.

"We will be holding our position on perches in England and we will have to see whether this will mean the Commission commence infraction proceedings against the UK," said Serena Cooke of the animal welfare team in a letter addressed to BFREPA chairman John Retson.

It would seem that the Commission would have to be prepared to take the matter to court to enforce its view on the Westminster Government.


A note at the end of the Gavinelli document reads, "According to Article 19 of the Treaty on European Union, it remains the exclusive competence of the European Court of Justice to interpret EU law authoritatively."

In her letter to BFREPA, Serena Cook said that the European Commission’s Food and Veterinary Office (FVO) had visited the United Kingdom in September last year to examine compliance with the laying hens directive. "In a report of the mission, the FVO reiterated an earlier recommendation in 2006 that a common position is adopted throughout the UK regarding perches in non-cage systems and that they should be considered as installations in the ’third dimension’ or aerial," she said in the letter.

What complicates matters in the United Kingdom is that the regulations have been interpreted in two different ways.

Whilst in England and Wales farmers have been advised that floor slats can be classed as perches, in Scotland egg producers have been told that only separate perches are permissible. The difference of interpretation has arisen because the issue comes under devolved powers operated by the Scottish Parliament.

Serena Cook said in her letter, "The issue of whether a perch has to be aerial in non-cage systems is longstanding, with different views on interpretation both within the UK and between England/Wales and the Commission.

In the absence of a definition of perch in the directive, Defra has long permitted the EU requirement for perches in non-cage systems to be incorporated as part of the raised perforated or slatted floor area found in most non-cage units, as long as they are above any non-littered part of the house. In Scotland and Northern Ireland separate ’aerial’ perches are required," she said.

She said that as a result of requests from member states for clarification of certain provisions in the welfare of laying hens directive, the Commission had obtained advice from legal services earlier this year.

The advice was that slatted floors in non-cage systems could not constitute a perch; all perches should be aerial.

"Just before the summer recess, Ministers agreed that Defra should continue to hold its position on perches with the Commission, namely that integrated perches should be acceptable in non-cage systems," she said in the letter. "Like you, we are concerned that a number of current commercial designs of suspended perches may contribute to higher levels of bone injury in hens in non-cage systems.

"While further data is assessed on both the physical and behavioural aspects of the type of perch used in non-cage systems, we consider that we should continue to take note of the recitals of Directive 99/74/EC, which states that ’it is appropriate, while studies on the welfare of laying hens in various systems of rearing are carried out, to adopt provisions that allow the member states to choose the most appropriate system’," she said.

She said that the FVO intended to return to the UK in December this year to check progress in complying with its recommendations.