UK intransigence raises stakes

Date: 06/06/1996

By Michael Mann

and Rory Watson WITH the UK insisting it has no intention of abandoning its obstructionist tactics in the battle over beef - despite the starkest warning yet from the Commission of the consequences of failing to do so - the dispute now threatens to trigger off legal and political retaliation as tempers become increasingly frayed.

The clearest sign that European patience is on the brink of snapping came from Commission President Jacques Santer yesterday (5 June) when he turned up the pressure by raising, for the first time, the possibility of legal action against the UK before the European Court of Justice.

Santer's thinly-veiled warning was accompanied by a clear message that the UK's hopes of ending the world-wide ban on its beef exports could be dashed if the country fails to scale down its controversial tactics.

“At today's Commission meeting we discussed Article 5 of the Treaty and the principles of solidarity. We did not discuss going to the Court at the moment, but member states cannot be allowed simply to duck the general principles embodied in the treaty,” he said.

He also warned there would be more immediate political consequences for the UK if it continued to block EU business.

“Britain must give up its stonewalling, blocking policy. Until it does, this non-cooperation does not create the climate to proceed further if we want to have a framework programme,” said Santer, referring to the conditions laid down by the UK for the eventual lifting of the rest of the export ban.

The extent to which London heeds the warning will only become clear next week when British ministers will find themselves involved in negotiations in Luxembourg on EU fisheries, culture and foreign policy.

But senior British government ministers were last night making it clear that London was in no mood to back down, insisting its non-cooperation policy would continue.

Santer's message came after a week during which the UK's partners became increasingly blunt in their criticism of its obstructive policy, now in its third week.

Irish Prime Minister John Bruton, whose government takes over the Union presidency in less than four weeks, became the first EU leader to criticise the policy publicly when he described it as “unhelpful”. He also condemned politicians for “banging their fists on the table” instead of concentrating on reassuring consumers about the safety of beef.

His Agriculture Minister Ivan Yates went even further, warning that the stoicism EU governments had displayed so far could give way to retaliatory action.

“It must get to the point where the resistance from continental member states is such that they get as bloody-minded as the British,” he said.

Competition Commissioner Karel Van Miert had earlier dismissed the UK's tactics as “completely idiotic”, while Social Affairs Commissioner Pádraig Flynn complained about their futility after the UK had prevented 1997 being approved as the European Year Against Racism.

“We have had an illustration of the deplorable effects of the British blockage in a case where everyone is agreed in principle. Who wins in this situation?” he asked in frustration.

The new phase of the beef war has opened up legal arguments on two fronts.

Critics of British tactics will base their attacks on Article 5 of the EU treaty, which stipulates that member states “shall facilitate the achievement of the Community's tasks” and “shall abstain from any measure which could jeopardise the attainment of the objectives of this treaty”.

Meanwhile Germany, the leading advocate of retaining the beef export ban until clear measures are introduced to eradicate BSE, yesterday openly questioned the Commission's decision to use its own powers to ease the embargo on beef by-products.

“We think things cannot go on like that in the long term. If a decision does not find the necessary majority in the Council of Ministers, then it should not be implemented,” insisted German Agriculture Minister Jochen Bochert.

If Bonn stands by its criticism, the Union may be faced with a serious internal political battle over the way many crucial decisions are taken in ostensibly technical, but in essence highly-political areas such as the internal market, and health and veterinary legislation.

Santer tried to sweeten his bitter message this week by insisting he was neither trying to set preconditions nor force any EU country to surrender. But by stressing that solidarity was a two-way street, he made it clear the Commission was now seeking British cooperation.