European Health Commissioner John Dalli is being accused of “making a mockery” of the EU’s animal welfare policy by suggesting it should close an eye to new legislation banning the use of battery cages for laying hens.

Eurogroup for Animals, a leading animal welfare NGO, took exception to Mr Dalli’s comments during a public meeting with MEPs where he proposed finding “a solution” for those countries that will keep their laying hens in battery cages after 2012, against EU law.

Expressing “shock” at Mr Dalli’s comments, Eurogroup for Animals director Sonja Van Tichelen said that by allowing producers to flagrantly break the law and continue selling illegally-produced eggs, the Commission was undermining its own legislation and credibility.

Despite saying the ban would be introduced without delay, Mr Dalli was working to allow illegally-produced products to enter the market by the back door, effectively postponing the ban indefinitely, she said.

“The European Commission must take clear action and force member states to implement the legislation on time and not adapt the legislation to accommodate the unwillingness of a sector to comply,” she said.

“Not only is animal welfare being ignored here but the whole idea of a common market is being challenged if sales of an EU banned product are allowed but restricted to the country in which they were produced.

“This will distort the market and those producers who have conformed to the law and changed their production methods will be penalised and millions of laying hens will continue to suffer. This is totally unacceptable,” Ms Van Tichelen said.

Asked for a reaction, a spokesman said Mr Dalli “never said such a thing” and, on the contrary, was insisting that member states stick to their obligation by the January 1 deadline. After that date, the barren battery cage can no longer be used for egg production. However, Eurogroup’s spokesman insisted on the NGO’s claims and provided footage of the meeting in which Mr Dalli did suggest “a way out”.

He said his services were working on a plan to let non-compliant producers to put their “illegal” eggs on their national markets for production purposes and not for consumption.

Mr Dalli pleaded with MEPs to be cautious about this suggestion as his proposal did not yet have “legal basis”.

According to data presented to Mr Dalli, seven member states – Belgium, Bulgaria, Cyprus, France, Poland, Portugal and Romania – will not have completely changed their egg production by January 1. A further five countries (Hungary, Italy, Latvia, Spain and Greece) have not provided any information on the situation.

Eurogroup said this potentially meant eggs produced in 12 member states could still come from illegal barren battery cages despite the sector being given 12 years to make the switch.

It urged Mr Dalli to change his position and make sure all member states stuck to the rules.

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