WRITTEN QUESTION E-2844/98

by Pedro Marset Campos (GUE/NGL) to the Commission

(28 September 1998)

Subject: Alleged scheme to detain and fine Spanish lorries in Poitiers (France)

Employers from the transport sector in the Murcia region of Spain have complained about a scheme linking a brigade of French gendarmes in the Poitiers area of France to a certain workshop at which tachographs are checked with the aim of detaining and imposing fines on their lorries on the pretext that the tachographs have been tampered with, despite the fact that most of them comply with the relevant Spanish legislation.

This unpleasant state of affairs has already held up a dozen lorries from Murcia at weekends, forcing their drivers to pay hefty sums in order to be able to continue their journey with their goods.

A certain number of gendarmes are suspected of taking fees from workshops in return for sending Spanish lorries to them to have the tachographs that have allegedly been tampered with replaced.

Several complaints have already been lodged with the Ministry of Development, the Ministry of Foreign Affairs and the French Embassy in Spain.

Given that the Treaty on European Union confers the task of monitoring such matters on the Commission:

1. Is the Commission aware of this situation?

2. Does it not believe that the rights of citizens as regards the free movement of goods and workers are being jeopardised and that since citizens from EU countries are involved, a thorough investigation into this alleged crime should be called for as a matter of urgency?

3. Does it intend to approach the French and Spanish authorities with a view to garnering information on this apparently illegal scheme and adopt the necessary procedures to ensure that Community legislation is enforced?

4. How does it intend to tackle situations of this kind in order to guarantee the free movement of workers and goods within the European Union?

5. Will it provide information on the action taken in this matter?

Answer given by Mr Monti on behalf of the Commission

(11 December 1998)

The Spanish authorities have raised the issue in general terms with the Commission, seeking factual information on Community legislation, which the Commission provided. If the Honourable Member believes there are criminal activities of this nature being carried out, he should provide the Commission with the necessary details of individual incidents so that an investigation may be launched.

The Commission continues to hold fast to the fundamental principles of the free movement of goods and people within the Community. In this context, the Commission underlines that the Parliament on 5 November 1998 expressed its political engagement to eliminate this type of obstacle to the free movement of goods by giving its consent to a proposal for a Council regulation(1) based on Article 235 of the EC Treaty to establish a rapid alert system apt to deal with the menace of severe disruption of trade in goods. This includes an obligation for Member States to act quickly in order to eliminate any obstacle to trade occurring on their territory and to inform the Commission of the action taken, and lays down the possibility for the Commission to intervene by means of an act of notification.

(1) COM(97) 619 final.