General Q&A
Section 8: EU Export Rules
8.1 GENERAL
Q.1. When was the export ban imposed?
Q.2. When was the export ban lifted?
8.2 HISTORY OF THE BEEF EXPORT BAN
Q.3. What cannot be exported from the UK since the lifting
of the ban?
Q.4. What was the “Date-Based Export Scheme”
(DBES)?
The French Ban
Q.5. What is the current
situation on the French import ban?
Q.6. What compensation will exporters be able to claim for
the losses incurred due to the illegal French ban?
Q.7. How much beef was exported to France?
Future of Beef Exports
Q.8. How much will the beef export trade be worth now that
the ban has been lifted?
Q.9. When will the UK Government be lobbying other Countries
to lift their bans?
Q.10. How many countries still ban British beef?
Live Exports
Q.11. What about live exports?
Q.12. Why can’t the UK ban live exports?
Q.13. Will there be any additional rules imposed on the
UK?
Q.14. Will the Prime Minister become involved in lobbying
the EU?
8.1 GENERAL
Q.1. When was the export ban imposed?
A. On 27 March 1996 Commission Decision 96/239 instituted a ban, agreed
by qualified majority voting in the Standing Veterinary Committee, on
the exports of beef and beef products from the United Kingdom to other
Member States and third countries, with immediate effect.
Q.2. When was the export ban lifted?
A. On 2 May 2006 Regulation (EC) 657/2006 came into force, amending
Annexes III and XI of the Regulation and repealing Decisions 98/256/EC,
98/351/EC and 1999/514/EC to allow:
- Exports of boneless meat and meat products from UK bovines, born after 31 July 1996, slaughtered after 15 June 2005;
- Exports of bone-in meat from UK bovines, born after 31 July 1996, slaughtered after the Regulation came into force.
8.2 HISTORY OF THE BEEF EXPORT BAN
Q.3. What cannot be exported from the UK
since the lifting of the ban?
A. Any beef or bovine product can be exported except:
- beef or products derived from cattle born or reared in the UK before 1 August 1996;
- beef or products derived from cattle born or reared in the UK after 1 August 1996 and slaughtered before 15 June 2005;
- beef containing vertebral column, or products derived from vertebral column, from cattle born or reared in the UK after 1 August 1996 and slaughtered before 3 May 2006.
Q4. What was the
“Date-Based Export Scheme” (DBES)?
A. From 1 August 1999 to 2 May 2006, exports of deboned fresh beef
and beef products from cattle born after 1 August 1996 were permitted
under the Date-based Export Scheme (DBES).
The French Ban
Q5. What is the current situation on the French import ban?
A. On 25 October 2002 the French Government formally lifted its ban. The Commission then withdrew its further action in the European Court of Justice (ECJ) on 13 November 2002 asking the Court to impose a penalty of £100,000 per day on France for failure to lift its ban in accordance with an earlier ECJ Judgment. It stated that it was satisfied that compliance with EU law had been achieved. However, the Commission also stated that the action for costs against France would remain live and that following the case the Commission would review the provision under Article 228 of the treaty with a view to ensuring more effective mechanisms for applying sanctions to Member States who failed to obey EU law. However, any penalties paid would not have benefited UK farmers.
The UK Government regretted the decision by the European Commission not to pursue the case for penalties against France. The UK supported the Commission throughout and believed that pressing this case would have sent a firm message to Member States that no one country can avoid its obligations and responsibilities. Working through EU institutions was the best way to resolve this difficult issue, and thanks to the direct action by the Commission and the ECJ the French Government has now lifted its illegal ban on British beef.
Q6. What compensation will exporters be able to claim for losses incurred due to the illegal French ban?
A. The likelihood of success of any claim for compensation will depend on the individual facts and circumstances of each case. The Government will give exporters their full support in terms of information and practical assistance, but as a matter of policy the Government will not underwrite or finance the cost of any such case. Nor will it provide legal advice on the merits of a claim.
Q7. How much DBES beef was exported to France?
A. Small amounts of beef produced under the Date-base Export Scheme
(DBES) have been exported to several EU countries. However, because only
five establishments, owned by four companies, have been approved to produce
DBES beef, information about export consignments is commercially confidential.
However British beef has been eaten at several high profile events in
France, including at a lunch attended by the Prince of Wales in Paris
on 6 February 2003.
Future of Beef Exports
Q8. How much will the beef export
trade be worth now that the ban has been lifted?
A.Before the ban in 1996, world-wide exports were worth
around £600 million a year. However it will take a long time to
win back markets, especially as there are still a large number of countries
which have a ban on imports of beef and bovine products from the UK.
Q9. When will the UK Government
be lobbying other Countries to lift their bans?
A. We continue to work closely with the Foreign and Commonwealth
Office and diplomatic posts throughout the world to lobby their host governments
as appropriate on beef exports.
10. How many countries still ban British
beef?
A. About 100 Countries still ban British beef, including
the US and Australia.
Live Exports
Q11. What about live exports?
A. The ban on the export of live cattle was lifted on
2 May 2006 by Regulation (EC) 657/2006.
Q12. Why can’t the UK ban live
exports?
A. We appreciate that many people view the resumption of live exports,
particularly of calves, as a retrograde step but a lot has changed since
1996 with improvements in welfare standards.
However, from a disease point of view, there is no justification for banning such exports, neither can we ban such exports unilaterally. The Government’s preference is for a meat trade but any trade is subject to strict enforcement of rules governing the welfare of livestock being transported. We will take action against anyone not complying fully with the welfare rules. We are also working with industry and welfare groups to ensure that the welfare of the animals transported are protected.
Q13. Will there be any additional rules
imposed on the UK?
A. Until we see proposals, we cannot say; but the UK will press
for the same rules to apply to the UK as for other Member States. We will
publish guidance notes for exporters once we have finalised the necessary
procedures.
Q14. Will the Prime Minister become involved in
lobbying the EU?
A. We will continue to lobby at the highest levels when appropriate.
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Page last modified:
19 December, 2006