91997E3677

WRITTEN QUESTION P-3677/97 by Georg Jarzembowski (PPE) to the Commission (10 November 1997)

Subject: Obstruction of the free movement of goods and persons by strike action

The internal market ensures the free movement of goods and persons in particular(see Article 7a, second paragraph, of the EC Treaty alone). Article 5 of the EC Treaty requires Member States to take all appropriate measures to ensure fulfilment of the obligations arising out of the Treaty. The Commission is required to ensure the proper functioning of the common market (Article 155 EC Treaty) and should therefore, pursuant to Article 169 of the EC Treaty, automatically act if it becomes aware of a possible failure to fulfil obligations under the Treaty.

1. Does the Commission share my view that the French lorry drivers' strike is in fact obstructing the free movement of goods and persons and in particular transit traffic in the Union? What measures has the Commission taken in view of similar strike action in the past in order to ensure that transit traffic through France is not obstructed in future?

2. Does the Commission consider that a Member State is in breach of its obligations under Community law if it creates or maintains administrative practice or has established legal precedents under which blockades of major roads and at frontier crossing points between that State and other Member States in the course of industrial disputes are not met by action by the police and public order forces at its disposal?

3. If the answer to question 2 in the Commission's view depends on the duration and intensity of the obstruction of transit traffic, what is the quantitative threshold for failure to fulfil its obligations under the Treaty by the Member State in question?

4. Would the initiation by the Commission of proceedings for failure to fulfil obligations under the Treaty support Union citizens and undertakings affected by the road blocks in their claims for compensation against the Member State in question?

5. Does the Commission consider there is a need for special Community measures to deal with this problem in the form of primary or secondary legislation?

Answer given by Mr Kinnock on behalf of the Commission (18 December 1997)

The Commission recognises the adverse effect of the blockades during the French lorry drivers' strike on the free movement of goods and people within the Community. The Commission intervened at an early stage on each occasion when there was a blockade during the past year, urging the French authorities to take all necessary measures to secure the free movement of road hauliers and road passenger traffic as required under the EC Treaty. In addition, whilst there is no obligation under Community law for Member States to provide compensation for losses incurred by transport operators as a result of an industrial dispute, in written and personal contacts the Commission repeatedly emphasised the need for the undertakings given by the French government to provide compensation to be promptly and adequately fulfilled by the French authorities. Unless and until Community law is changed, obligations to provide compensation continue to be matter of national law.

The Commission takes all elements of information and circumstances into account when assessing whether a Member State is fulfilling its Community obligations. The strength and consistency of the efforts undertaken by the Member State concerned to resolve the problems are significant in such assessments. No quantitative threshold has ever been specified under the law of the Community.

The Commission is currently reflecting on whether additional Community measures relating to the conduct and consequences of the disruption of the freedom of movement are possible and desirable and will report in the normal fashion in due course.