WRITTEN QUESTION P-1992/97 by José García-Margallo y Marfil (PPE) to the Commission (30 May 1997)

Subject: Destruction of Spanish products by French farmers

Despite the warnings issued by the Commission, French farmers are continuing to destroy Spanish agricultural products, while the French authorities are not taking effective measures to stop this.

On 24 May 1997 yet another act of wanton vandalism occurred, in Brignoles (near Marseille), where some 400 farmers wrecked a warehouse of Spanish fruit and vegetables, emptying the cold stores and destroying apples, peppers, tomatoes and other fruit and vegetables intended for the French market.

The same day, the French Minister of Agriculture, Mr Philippe Vasseur, asked the national Directorate-General for Competition to operate stricter quality controls for products sold on the French market, especially tomatoes - most of which come from Spain.

What plans does the Commission have to take effective action to oblige the French government to put an end to this policy which distorts the Community's competition rules, and to stop these acts of wanton vandalism which are contrary to the most elementary citizens' rights?

Answer given by Mr Fischler on behalf of the Commission (27 June 1997)

Since 24 April 1997 inadmissible acts of violence have been perpetrated by French farmers against lorries transporting fruit and vegetables from other Member States, mainly from Spain.

The Commission firmly condemns these acts and deplores their repetitive character. It has called on the French authorities urgently to implement adequate and effective measures to maintain law and order, based on binding and clear instructions with a view to guaranteeing the free movement of goods.

The Commission takes the view that under Community law, and in particular under Article 30 of the EC Treaty, which forms an integral part of the common organization of the markets, in conjunction with Article 5 of the aforesaid EC Treaty, public authorities are required, in the course of the discharge of their functions as regards public safety, to take the necessary measures to prevent and repress actions by private individuals which seriously prejudice the right to the free movement of goods guaranteed by the EC Treaty. Failure to perform this duty is to be seen as a failure to fulfil the obligations which fall to the Member States under the terms of the abovementioned provisions.

Given that the preventive and repressive measures previously implemented by the French public authorities to maintain law and order are insufficient to act as a deterrent, the Commission, acting as guardian of the Treaty, has initiated an infringement procedure which is at present at the phase of referral to the Court of Justice (Case C-265/95). The verbal proceedings were held on 10 June 1997.

With the Commission having made use of the powers conferred on it by the Treaty to ensure observance of Community law, it is now a matter of awaiting the judgment of the Court of Justice, which is expected to be delivered towards the end of the year.

The Commission points out furthermore that incentives have been created as part of the reform of the organization of the market in fruit and vegetables in order to encourage the growth of producer groups operating in several Member States.