THE European Commission has said that British rules banning some foreign beers are illegal and has given Britain just over five weeks to take steps to remove the ban.

The Commission told the British government that it risks being taken before the European Court of Justice if it does not explain within 40 days how it intends to remove a ban against foreign beers which have not been brewed the British way.

The Commission said legislation introduced in 1989, which says pubs or bars may sell only beer resulting from a certain kind of fermentation, is protectionist, an impediment to imports and a breach of free trade within the EU single market.

Britain has become vigilant about any interference from Brussels in matters concerning its national identity and customs, and is campaigning hard for the way the European court works to, be changed to reduce the effect of the court's rulings on national life.

Against this sensitive background the Commission stressed: "We are not going on to the offensive against a cartel of brewers which tie up the market but against British legislation.

"It concerns only beer which is sold in pubs on draught and not beer sold in shops," said a spokesman, Mr Jochen Kubosch.

Most big European brewers which sell in the British market had breweries in Britain which brewed in ways which conformed to British law, Mr Kubosch said.

But a brewer wishing to import a beer brewed in another country of the European Union for sale in pubs is barred from doing so. The Commission holds that the British regulations are not criteria which should determine whether or not a product may be sold.