WRITTEN QUESTION E-1254/96 by Salvador Jové Peres (GUE/NGL) to the Commission (23 May 1996)

Subject: French attacks on Spanish fruit and the free movement of goods within the European Union

Recent attacks on fruit and vegetable products on French territory have put pressure on the distribution sector which markets certain Spanish products in France. The Court of Justice has still to issue a judgement on similar situations which occurred in previous years.

According to what was shown on European television channels, the attacks on Spanish goods were carried out in the presence of French law enforcement officers, who did nothing to prevent them.

1. As the Commission has a duty, pursuant to the EEC Treaty, to ensure that the Treaty is observed, what action does the Commission intend to take to guarantee the free movement of goods within the European Union, regardless of the outcome of the case which is before Court of Justice?

Bearing in mind that the Commission's plan for reform of the COM in fruit and vegetables could extend to other products the situation affecting strawberries,

2. How does the Commission plan to tackle this kind of situation in future?

3. Will producers who face distortion of the free movement of goods have to wait two years for a verdict in their favour?

4. Who will bear the cost of the decline in trade, and how will this be done?

5. Is the solution to the whole matter dependent on renationalization of the CAP or authorization to grant national aid?

Joint answer to Written Questions E-1254/96, E-1268/96 and E-1381/96 given by Mr Fischler on behalf of the Commission (27 June 1996)

The Commission has already, on a number of occasions, stated its views on the systematic acts of violence perpetrated by various French producer groups or organizations against consignments of fruit and vegetables from Spain and the obligation of Member States in that connection to maintain public order, with particular reference to the right of free movement of goods.

As it said in its answer to written question 1818/94 from Mr Colino Salamanca, ((OJ C 24, 30 January 1995, p. 30. )) under Community law Member State authorities are required to take the measures necessary to prevent acts which undermine the effective operation of the internal market and the free movement of goods. Failure to comply with this duty constitutes a breach of a Member State's obligation under Article 30 and the common organization of the market, in conjunction with Article 5 of the EC Treaty.

Since the French authorities have been unable to show unequivocally that the police took adequate and appropriate action to counter this quite unacceptable impediment to the free movement of goods, the Commission initiated infringement proceedings under Article 169 of the Treaty and ultimately, on 4 August 1995, referred the matter to the Court of Justice. ((Case C-265/95. ))

Following the recent recurrence of these violent attacks on the free movement of goods the Commission reminded the French authorities of their obligations under Articles 5 and 30 of the EC Treaty, and it will be drawing the Court's attention to the persistent repetition of the offence.

The Commission does not believe the reform of the common organization of the market will extend the strawberry problem to other sectors, on the contrary, it should help and encourage Community producers to meet the challenges ahead and become more competitive and capable of adapting to a changing market.

Agreements and contacts between producers in different Member States should also play an important part in organizing the marketing of Community produce. Accordingly, as an incentive to promote operational measures by groups of Member States, the threshold for official financing of the operational funds provided for in the reformed common organization of the market is to be raised to 60%.