French beef ban illegal - court

Courts said refusal to lift the ban was "brazen and unjustified"

BRUSSELS, Belgium -- A top adviser to the European Court of Justice has said the French ban on British beef imports is illegal.

A senior court official told The Associated Press news agency that France must lift the ban on British beef, imposed in 1996 amid a serious outbreak of mad cow disease.

A final verdict from the high court is not expected until later this year.

At the height of Britain's BSE outbreak, the European Commission imposed a worldwide ban on British beef exports. About 180,000 cattle were infected with the disease.

Following the introduction of strict control measures in Britain, the EU's executive branch allowed Britain to resume limited exports three years later in 1999.

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But France refused drop its ban, citing continued risks of contamination from animal feed and transmission from cow to calf.

The French position provoked anger in Britain and led the European Commission to go to court insisting France had failed to fulfil its obligations under European law.

At the opening of court in June, lawyers representing Britain said France's continued refusal to import British beef was "brazen and unjustified," and had no legal merit.

Advocate general Jean Mischo acknowledged that France's decision to ban imports of British beef and beef products coming via third countries was only justified given the potential problems in tracing the meat's origin.

But the Commission has said its Scientific Steering Committee had clearly concluded that the British beef exported under the conditions imposed by the EU was no more risky than beef coming from other countries.

Reuters news agency quoted the Commission as saying: "This case has never been about compromise on safety standards to protect against BSE. Europe has tough and stringent safety laws in place."

But French agriculture minister Jean Glavany told Reuters: "I have not changed my opinion. Today there is no reason for us to lift the ban."

Glavany said France did not have sufficient information to conclude the threat from BSE was no longer a health risk to international exports of British beef.

Britain said it was confident the court would find France guilty of breaking European law, reported Reuters.

"We are very pleased that the Advocate General supports the course taken by the Commission," a spokesman for the Department of Environment, Food and Rural Affairs said in London.

The spokesman stressed the case was not "Britain taking France to court," but "Europe taking France to court."

"France stands very much alone in ignoring its obligations under European law...On the basis of science and law, we think there is every reason to lift this ban," he told the news agency.

But he questioned whether Paris would comply even if the court ruled in Britain's favour.

"Are we confident that France will lift its ban when the judgment of the European court goes against it? I don't think we can go as far as that because France has not shown itself to be forthcoming in honouring its obligations so far," he told Reuters.

The dispute over the ban has become a major trade row, with some UK officials calling for blockades against French goods.

National Farmers' Union President Ben Gill told Reuters UK farmers were frustrated that France had been allowed to cause "so much damage to Britain's beef industry."

If the court eventually rules that France is in breach of EU law, Paris will be expected to end the embargo, although UK beef exports are still banned due to its foot-and-mouth disease crisis.

Were France to continue its embargo, the Commission could return to court and apply for a fine to be imposed, calculated on the basis of the damage suffered by exporters of British beef.