The decision announced late last night by the French not to lift the ban on British beef is likely to precipitate a major confrontation between the British and French at the European summit which opens tomorrow in Helsinki. The decision also leaves the European Commission with no alternative but to continue with the legal action it has initiated against France as the deadline set for a French response to a Commission complaint runs out today.
The Commissioner for Public Health and Consumer Affairs, Mr David Byrne, has made it repeatedly clear that he will not shirk from his responsibility but the French move will come both as a surprise and a bitter blow to his apparently successful mediation efforts. Sources close to Mr Byrne say he was convinced that the "understanding" reached last week between the French Agriculture Minister, Mr Jean Glavany, and his British counterpart, Mr Nick Brown, would stick.
The British reacted angrily last night with the Prime Minister, Mr Tony Blair, speaking on the phone to his French counterpart, Mr Lionel Jospin, to protest when the latter rang him to warn of the decision.
A spokesman said: "We have science and the law on our side and it is regrettable that the French had ignored the science and defied the law. It now means we have to go through the courts to get the ban lifted in France, a process which everyone had hoped to avoid." He added that the British government "has already been in touch with the European Commission to ensure the relevant legal steps were being taken forward."
Mr Brown admitted "it is a very big disappointment" and he had already spoken to the French agriculture ministry to express his "disappointment" at the decision.
He told BBC2's Newsnight: "The British Government have tried very hard to give the French government the clarifications and guarantees that they sought.
"It is particularly disappointing that at first reading of the French statement they seem to have been unable to lift the ban on precisely the points that we sought to give them the clarification they sought.
"Since the French government said No to us - although I do want to study the text of their statement carefully - we have no alternative but to press ahead through the courts." He said he expected a statement from the European Commission today.
Mr Brown defended the British government's softly softly approach to the row but it may well be the first casualty to the latest setback. With the opposition parties last night already baying for blood, Mr Brown's as much as the French, Mr Blair may feel he has no alternative at the summit but to step up the war of words with Paris. Earlier Mr Jospin had met for two hours with nine of his cabinet members to decide the matter. His office late last night confirmed that the ban was not being lifted and cited continuing safety concerns. A statement said that as a result of "plausible risks", the government "is not able today to lift the embargo because of the lack of sufficient guarantees."
Those related notably to "the definition and the implementation of tests, which must be improved and expanded," it said.
His government had to come to a decision after the country's Food Health Safety Agency (AFSSA) refused on Monday to make a clear recommendation on whether the import ban on British beef should be lifted.
The agency was unable to reach definitive conclusions on the safety risk posed by British beef and left it up to the government to issue a final ruling.
Specifically, the agency said, new tests to detect mad cow disease in British herds could not be evaluated before the test results were available by the end of next year.