Luxembourg, 13/12/2001 (Agence Europe) - On the eve of the judiciary recess (provided for under the procedure), the European Court of Justice passed down a ruling condemning France for having refused to lift the embargo on the import of British beef and veal correctly marked and labelled from 30 December 1999. As the press release stipulates: "the Court stresses the importance of a reliable tracing system for protecting public health. It also finds that certain difficulties in applying Community decisions were the result of unclear legislation.". It recalls that on 23 July 1999, the Commission, having verified that the protective arrangements were applied correctly, set 1 August 1999 as the date for the lifting of the ban and the resumption of imports of beef, veal and derived products from the United Kingdom and other Member States. France refused to implement that decision and authorised solely the transit of such products through its territory, relying on the opinion of the French Food Safety Agency.
"This questioning of the effectiveness of the DBES (Date-based export scheme: Ed.) must be interpreted as a challenge to the legality of the Community decisions which established the scheme. The French Government should, if necessary, have brought in due time appropriate proceedings for reviewing the legality of measures adopted by the Community institutions (whether the initial decision relating to DBES or the decision of 23 July 1999 lifting the ban), a review which was now impossible in infringement proceedings brought against that Member State". With regard to the traceability of products - a fundamental condition of the DBES - which according to France did not exist beyond United Kingdom cutting plants, the Court emphasised that "traceability is essential up to the point of sale in order to enable a consignment not fulfilling the conditions of the DBES to be recalled., whereas such traceability was not guaranteed at the time of the Commission decision of 23 July 1999 lifting the ban, notably as regards meat and products subject to the DBES which had been cut, processed and rewrapped.", the press release points out. On this point, France's arguments are pertinent, it states, while stipulating that France had failed in its obligations by its refusal to allow the marketing on its territory of products under the DBES scheme correctly marked and labelled.
EUROPE adds that Judge Sevon was the judge rapporteur (a judge rapporteur drafts a ruling and submits it to other judges) in this case, one of the last rulings he will have to draft before his departure on 15 January. The Court's activities will resume on 7 January.
The European Commissioner for consumer protection, David Byrne wlecomed the Court's ruling: "this ruling confirms the Commission's policies and position. I expect France to implement the ruling and lift its embargo on British beef". David Byrne's spokesperson stipulated that France was said to have referred to its intention to comply with the Court ruling.