While it looks like Thanet District Council have a fight on their hands following the ban on the live exports exports last year, it seems that the same EU legislation being used against them should be their defence.
As there are clear moral grounds for the ban on
live exports and the same legislation being used against Thanet
Council gives provision for the restriction of free trade to
protect the health of animals under Article 36.
These live exports are cruel and the health of the sheep are
clearly suffering. Thanet District
Council, along with Dover, should reintroduce the ban immediately
as they were clearly right to do so in the first instance. Far
from being the problem, the EU laws are the ones likely to protect
both the animals and the council.
See: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2010:083:0047:0200:en:PDF
(Article 36)
Also:
http://ec.europa.eu/enterprise/policies/single-market-goods/files/goods/docs/art34-36/new_guide_en.pdf
Stuart Jeffery, EU Candidate for
the South East
Article 36 says:
The provisions of Articles 34 and 35 shall not preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, public policy or public security; the protection of health and life of humans, animals or plants; the protection of national treasures possessing artistic, historic or archaeological value; or the protection of industrial and commercial property. Such prohibitions or restrictions shall not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade between Member States.
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