§ Mr. LetwinTo ask the Minister of Agriculture, Fisheries and Food what advice he has received on the compatibility with Article 36 of the Treaty establishing the European Union of placing restrictions on the import of pork products not produced to UK standards. [81364]
§ Mr. Rooker[holding answer 19 April 1999]In certain circumstances Article 36 of the Treaty allows the maintenance of restrictions on the free movement of goods where these can be justified for the protection of the health and life of humans or animals or on grounds of public morality or policy. However, it is clear from Rulings by the European Court of Justice that we cannot use Article 36 of the Treaty to impose higher UK standards on imports where EU law has been harmonised as it has been in the field of farm animal welfare. Nor is it relevant to the UK ban on the use of Meat and Bone Meal (MBM) in animal feed as this ban is not in place because there is a known health risk to humans or animals in feeding MBM to pigs or poultry. The jurisprudence of the European Court of Justice also precludes reliance on the grounds of public morality or policy in the circumstances with which the hon. Member is concerned.