§ Lord Pearson of Rannochasked Her Majesty's Government:
By what process, under which clauses of the Treaty of Rome, in which committees or councils of the European Community, were the bans on British beef products imposed, and by what similar process may they be lifted.
Lord LucasThe prohibition on exporting from the United Kingdom cattle, bovine semen and embryos, meat from cattle slaughtered in the United Kingdom, certain other products of such cattle and mammalian meat and bone meal was created by Commission Decision 96/239/EC on emergency measures to protect against bovine spongiform encephalopathy. Decision 96/239/EC was made in purported exercise of powers contained in Article 10(4) of Council Directive 90/425/EEC (concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market) and Article 9 of Council Directive 89/662/EEC (concerning veterinary checks in intra-Community trade with a view to the completion of the internal market). Those directives were themselves made under Article 43 of the EC Treaty.
In accordance with the procedure laid down for decisions taken under those powers the Commission took the opinion of the European Community's Standing Veterinary Committee. The Scientific Veterinary Committee was also consulted.
Decision 96/239/EC has been amended by a further Commission decision, which removed semen from the prohibition, permitted the export of gelatine and tallow subject to conditions of production, labelling and supervision and established controls for manufactured products made from imported raw materials. That decision was taken in purported exercise of the same 186WA powers as the earlier decision. As the Standing Veterinary Committee gave no opinion in favour of the Commission's draft, the Commission had to submit a proposal for legislation to the Council of Ministers. Although a majority of member states supported the proposal, the votes in favour did not constitute a qualified majority. Under the procedure laid down in the directives, the Commission adopted the amending decision after the expiry of a period of 15 days from the date of referral to the Council.
On the amending Decision, the Scientific Veterinary Committee was again consulted, and the Scientific Committee on Cosmetology, the Scientific Committee for Food and the Committee for Proprietary Medicinal Products were also consulted.
The same legislative procedures could be used to amend Decision 96/239/EC further or to repeal it.