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Livestock: Transport

Volume 458: debated on Monday 19 March 2007

To ask the Secretary of State for Environment, Food and Rural Affairs when Article 36 of the Treaty of Rome was last invoked for the export of live animals. (127624)

[holding answer 15 March 2007]: I assume that the question refers to Article 30 of the Treaty of Rome, which was Article 36 prior to the current Treaty.

I am aware of two rulings by the European Court of Justice in cases relating to the export of live animals in which Article 30 (then Article 36) was invoked. Case C-5/1994, ruled on 23 May 1996, relates to a UK ban on exporting sheep to Spain because of concerns over welfare conditions in Spanish abattoirs. Case C-1/1996, ruled on 15 July 1997, was a case brought by Compassion in World Farming on banning the export of calves destined for veal crates. In both cases, the European Court of Justice made clear that a European Union member state may not ban or limit a trade if it is subject to harmonised rules that must be complied with equally by all member states.