91997E2527

WRITTEN QUESTION E-2527/97 by Joan Vallvé (ELDR) to the Commission (24 July 1997)

Subject: Renewed attacks on French farmers

A lorry from Murcia was attacked near Marseilles by French farmers on 3 July 1997 - the latest in a series of acts of vandalism against lorries transporting Spanish fruit and vegetables. The French farmers threw the goods (pears, nectarines and peaches) out of the lorry after taking part in violent protests against Spanish exports of fruit and vegetables.

Given that the situation has flared up once more, does the Commission intend to take stricter measures to guarantee the free movement of goods and ensure fair competition between fruit and vegetable producers?

Answer given by Mr Fischler on behalf of the Commission (5 September 1997)

The Commission firmly condemns this fresh attack on the principle of the free movement of goods. As the Commission has stated on numerous occasions, it is for the French authorities to take the public order measures necessary to prevent such exactions and an escalation of violence.

In the light of these acts, which have been repeated for too many years, the Commission has taken legal action against France in the Court of Justice for failure to fulfil its obligations. The case (C- 265/95) was heard on 10 June 1997. On 9 July 1997, delivering an Opinion favourable to the arguments put forward by the Commission, the Advocate General stated:

'Accordingly, I propose that the Court should hold that, by failing to take all necessary and proportionate measures to prevent the actions of individuals from hindering the free movement of fruit and vegetables, the French Republic has failed to fulfil the obligations arising from the common organizations of the market in agricultural products and from Article 30 of the EC Treaty in conjunction with Article 5 thereof '.

Pending the Court's final judgment, the Commission has urged the French authorities to take the preventive and repressive measures necessary to avoid a repetition of such incidents.