WRITTEN QUESTION E-2048/02

by Jaime Valdivielso de Cué (PPE-DE) to the Commission

(10 July 2002)

Subject: Internal market

The main French farming organisations, the FNSEA and Young Farmers have threatened wholesale distribution in that country, demanding that French fruit be sold and no Spanish products be purchased. Inter alia, they are monitoring sales outlets in France to ascertain that their demands are being met.

As a consequence of these measures, wholesale prices, especially for peaches and nectarines, have fallen 30 % compared with last year, causing the sector enormous losses.

Is the Commission aware of this situation?

What steps will be taken to put an end to this problem? Within what timescale?

How will Spanish producers be compensated, in view of the fact that French farmers take some action of this kind nearly every year?

Answer given by Mr Fischler on behalf of the Commission

(12 August 2002)

The Commission is aware of the recent difficulties affecting the marketing of Spanish fruit and vegetables in France as a result of intimidation and violence by French farming organisations.

As soon as the Commission became aware of this, it approached the French authorities to remind them of their obligations in this respect under Articles 10 and 28 of the EC Treaty, as interpreted by the Court of Justice in its judgment of 9 December 1997 in Case C-265/95(1) and under Article 4 of Regulation (EC) No 2679/98(2) which provides that when an obstacle occurs, and subject to Article 2, the Member State concerned is to take all necessary and proportionate measures so that the free movement of goods is assured in its territory in accordance with the Treaty, and inform the Commission of the actions which its authorities have taken or intend to take.

The French authorities have indicated that the destruction of Spanish fruit and vegetables on display in two supermarkets was the result of riotous behaviour by demonstrators not following their unions' instructions. In addition to action to be taken by the police, the French authorities point out that the injured parties will be able to claim damages under French law and that the demonstrations were not specifically targeted at Spanish produce but more at malpractices by some supermarkets against the background of a slump in sales of regional products.

The Commission will continue to closely follow developments in the fruit and vegetable marketing year in France and has again contacted the French authorities to obtain more detailed information on what measures have been taken against organised intimidation to give French products the advantage in supermarket distribution.

Should there be a reoccurrence of the circumstances condemned by the Court of Justice in Case C-265/95, the Commission will take the necessary steps to ensure that that judgment is complied with.

(1) In its judgment of 9 December 1997 in Case C-265/95 (Commission v France [1997], ECR I-6959), the Court of Justice ruled that by failing to take all necessary and proportionate measures to prevent 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 organisations of the markets in agricultural products and from Article 30 (now Article 28) in conjunction with Article 5 (now Article 10) of the Treaty..

(2) Council Regulation (EC) No 2679/98 of 7 December 1998 on the functioning of the internal market in relation to the free movement of goods among the Member States (OJ L 337, 12.12.1998).