WRITTEN QUESTION E-3797/97 by José García-Margallo y Marfil (PPE) to the Commission (26 November 1997)

Subject: French road blockades: a gap in social legislation

The road blockades set up by French lorry drivers are starting to turn into a regular event, which contravenes the Community rules on competition by preventing the freedom of movement of goods within the European Union. The damage done to intra-European trade is very considerable, and has led to protests from Spain, the UK, Germany and the Netherlands. In concrete terms, Spanish hauliers' organizations calculate that every day of the blockade cost Spanish road-haulage undertakings over PTA 2 500 million.

During the strike begun by French lorry drivers on 3 November 1997, various countries requested the French Government to take effective action to guarantee the free market, by setting up corridors for lorries to cross the country. The French Government, referring to the lack of European harmonization in the field of social legislation, refused.

Is there really a legal vacuum in the social field which could constitute an obstacle to the goals of the European Union?

Joint answer to Written Questions E-3793/97, E-3794/97, E-3795/97, E-3796/97, E-3797/97, E-3798/97 and E-3799/97 given by Mr Kinnock on behalf of the Commission (30 January 1998)

The Commission has no legal basis for intervening in a national dispute between employers and trade unions. Indeed, the Commission recognises that the right to strike is specified as a fundamental social right in the 1989 Community Charter on the social rights of workers (point 13).

As guardian of the Treaties, the Commission takes care to ensure that the free movement of goods and persons is not subject to unjustified impediments which would seriously disrupt the functioning of the internal market. However, unless a Member State is shown to be negligent in its duty to uphold the legal freedom of movement of goods and persons as laid down in the Treaty, the Commission cannot act.

Compensation for damages also falls within national competence and whilst the Commission is greatly concerned about the difficulties registered by hauliers, it is not in a position to secure change.

The Commission does not envisage undertaking a study on the costs to European economies of the road blockades. It is, however, always ready to co-operate with the appropriate authorities in efforts to secure solutions that are satisfactory for all relevant parties. As a result, on several occasions Commissioners wrote to French ministers urging them to make every effort to ensure free circulation on their road network. In addition, the Commission has approached both the French authorities and the professional road transport associations to ask them to pursue progress on compensation claims.

The social aspects of road transport within the Community are governed by Regulation (EEC) No 3820/85 on driving times and rest periods for drivers ((OJ L 370, 31.12.1985. )), by Council Directive 88/599/EEC on standard checking procedures for the implementation of Regulation (EEC) No 3820/85 and Regulation(EEC) No 3821/85 on recording equipment in road transport ((OJ L 325, 29.11.1988. )). In addition certain issues remain under national legislation. The diversity of current rules and enforcement practices throughout the Community gives rise to significant differences in competition.

Consequently, the White Paper on sectors and activities excluded from the Working Time Directive ((COM(97) 334 final. )) outlined the Commission's intention to make a proposal in early 1998 for amendments to Regulation (CEE) No 3820/85 in order to include in this legislation the concept of working time by adding provisions on loading and unloading and other activities carried out by drivers. Its overall aim would be to harmonise both the rules and the enforcement systems.