Beef Ban (Hansard, 24 July 1996)

§ Mrs. Browning

[pursuant to her reply, 8 July 1996, c. 87–88]: I have been asked to reply and very much regret that my hon. Friend has had to wait so long for that to be done.

Commission decision 96/239/EC of 27 March 1996, which prohibited both the dispatch to other member states and the export to third countries of British beef and beef products from the UK, and Commission decision 96/362/EC of 11 June, amending decision 96/239/EC and allowing the export of certain beef products from the UK under strictly controlled conditions were based on Council directive 90/425/EEC and 89/662/EEC. The treaty base of both these directives is article 43 EC. This treaty provision allows the Council to adopt proposals relating to implementation of the common agricultural policy.

The decision is legally binding on the United Kingdom, and in the event of a failure to comply with the ban, the Commission or other member states would be able to take action in the European Court to require the UK to comply.

As regards implementation of the Commission decision, so far as exports to other member states are concerned, it is an offence under the Products of Animal Origin (Import and Export) Regulations 1992 (SI 1992 No. 3298) to export or consign for export any product of animal origin unless it complies with Community rules as set out in schedule 3 to the regulations or, in their absence, the national rules of the importing member state. Directive 64/433/EEC governing trade in red meat provides for only two possibilities: consignments must be accompanied by commercial documents or an export health certificate. The issue of all such certificates has been suspended. It is an offence under the regulations to export a product without the documentation required. Penalties for the breach of the regulations are set out in regulation 28. The maximum penalty on conviction for export without the necessary certificate would be two years' imprisonment and a fine.

Enforcement of the regulations is shared between the Minister of Agriculture, Fisheries and Food and the local authority concerned. In practice, local authorities generally take prosecutions under the regulations, but the Minister of Agriculture, Fisheries and Food, and in some circumstances the Secretaries of State for Scotland, for Wales and for Health, have powers to act where a local authority has failed to enforce.

Exports to third countries are governed by the import conditions established by the authorities of the third countries concerned and enshrined in export health certificates. To give force to this aspect of the Commission decision the issue of all such certificates for meat and meat products has been suspended. Any attempt to import one of the prohibited products without the necessary health certification would be a transgression of the rules of the importing country.

HM Custom and Excise is the enforcement authority for goods intended for export to third countries. Operational staff at all customs export stations have been informed of the terms of the EC ban and have been instructed to refuse to release for export to third countries any goods covered by the ban. Customs' legal powers in respect of properly declared goods of the descriptions covered by the Commission directive extend no further than refusing permission to export. In the case of wilful breach of customs controls, for example, by 332W misdescription of banned beef and beef products, powers in the Customs and Excise Management Act, provide for the prosecution of offenders and in some circumstances the forfeiture of goods. The commissioners of Customs and Excise will consider prosecution of such offences in individual cases using the criteria they apply in all prosecutions