Day 098 - 07 Mar 95 - Page 67


     
     1        them into McDonald's beef.
     2
     3   MR. MORRIS:  Yes.  Then on two pages further on, the end of the
     4        main paragraph in the middle: "The share of the soyabean
     5        meal in the total ration for cows" it is the last sentence
     6        which is German cows "was estimated at only 1.8 per cent of
     7        the total ration in 1984" which is 1.8 per cent of the
     8        feed.
     9
    10        Then if we go to point 6: "Since the already restricted
    11        imports of soyabean and soyabean meal from Brazil only"
    12        that is his word "amounts to 996,000 tonnes and thus only
    13        represents a 21 per cent share of the total imports", by
    14        his calculations no more than 8 kilogrammes of soyabean
    15        meal of Brazilian origin is used per dairy cow and heifer
    16        annually."   So he is calculating the average 8 kilogrammes
    17        per cow of soyabean meal of Brazilian origin in Germany.
    18        Then he talks two pages following on from that at the top
    19        of the page: "Because of the natural conditions," etc., he
    20        says the use of soyabean meal in Bavaria". Now Bavaria is
    21        the hinterland from which ----
    22
    23   MR. JUSTICE BELL:  Can you not give me the page numbers?
    24
    25   MR. MORRIS:  They have not got page numbers.
    26
    27   MR. RAMPTON:  They do. Ten at the bottom, my Lord.
    28
    29   MR. MORRIS:  I am sorry I cannot read them at all.  It is
    30        paragraph 7.
    31
    32   MR. JUSTICE BELL:  Yes, I have that.
    33
    34   MR. MORRIS:  He says that the Bavarian average is lower,
    35        averaging between 5 and 6 kilogrammes per animal annually.
    36        Nevertheless, it is this particular region, 80 per cent of
    37        the primary animals for the raw product for hamburgers
    38        comes from Bavaria."  It is our case that McDonald's where
    39        their suppliers are based take their cattle primarily from
    40        Bavaria which is 80 per cent of the production of raw
    41        product for hamburgers in Germany come from Bavaria.  As
    42        far as we are concerned that admits that for every cow or
    43        cattle slaughtered in Germany for hamburgers for
    44        McDonald's, or certainly 80 per cent of them, emanate from
    45        Bavaria where 5 or 6 kilogrammes -----
    46
    47   MR. JUSTICE BELL:  But between 5 and 6 kilogrammes does not mean
    48        if you take every cow in Bavaria it is eating between 5 and
    49        6 kilogrammes a year; it means the average for all the
    50        cattle.  You have read what I have said in my Ruling. 
    51 
    52   MR. RAMPTON:  My Lord, can I help? 
    53
    54   MR. MORRIS:  No, I have not finished.
    55
    56   MR. JUSTICE BELL:  Leave it there for a moment because there is
    57        a specific reference.
    58
    59   MR. RAMPTON:  My Lord, it is in the second statement which
    60        Mr. Morris resolutely ignores.

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