WRITTEN QUESTION P-3024/01

by Albert Maat (PPE-DE) to the Commission

(23 October 2001)

Subject: Destruction of a Dutch meat plant in France

In Fougères (France) angry French farmers caused major damage at a branch of a Dutch meat company. This branch processes Dutch beef. According to the French farmers, they carried out this action because large amounts of beef are currently being imported into France when sufficient meat is available in the country itself.

Is the Commission aware that French farmers destroyed a Dutch meat plant in Fougères (France)?

What does the Commission intend to do to protect the property of European citizens against nationalist actions?

What measures are being proposed by the Commission to prevent such actions against the single market in future?

Answer given by Mr Fischler on behalf of the Commission

(3 December 2001)

The Commission had not been informed of the damage caused at the Vivendus meat-cutting plant in Fougères. In addition to the information provided by the Honourable Member, it should be pointed out that, at the meeting of the Management Committee for Beef and Veal held on 26 October 2001, the Dutch delegate raised the matter of the incidents in Fougères in order to denounce the unacceptable character, from the point of view of the organisation of the market, of situations in which producers in some French regions threaten or obstruct the operation of slaughterhouses or processing establishments dealing in particular with beef and veal from other Member States. However, the Commission does not at present have any precise information on these incidents. In particular, it has not been informed how the French authorities have reacted in order to eliminate such reprehensible behaviour.

The Commission resolutely condemns violent attacks by individuals against the principle of the free movement of goods and a failure by the relevant authorities of the Member State concerned to take the necessary public order measures to put an end to them.

It is common knowledge that a failure by the French authorities to take the public order measures required to put an end to a situation of this kind has already led the Commission to initiate infringement proceedings, and the Court of Justice to rule in its judgment of 9 December 1997 in Case C-265/95 Commission v. France [ECR I-6959] that by failing to adopt all necessary and proportionate measures in order to prevent the free movement of fruit and vegetables from being obstructed by actions by private individuals, the French Government has failed to fulfil its obligations under Article 30 (now Article 28), in conjunction with Article 5 (now Article 10), of the Treaty and under the common organisations of the markets in agricultural products.

It should also be pointed out that, in line with a request from the Amsterdam European Council held on 16 and 17 June 1997, the Council adopted on 7 December 1998 Regulation (EC) No 2679/98 on the functioning of the internal market in relation to the free movement of goods among the Member States(1), which establishes Commission intervention mechanisms aimed at ensuring that the Member States, who have sole responsibility for maintaining law and order, act swiftly to eliminate serious obstacles to the free movement of goods caused by the actions of private individuals.

In the light of the abovementioned Court of Justice judgment in Case C-265/95 and Regulation (EC) No 2679/98, the Commission has contacted the French authorities to remind them of their obligations under Articles 10 (former Article 5) and 28 (former Article 30) of the EC Treaty and the above Regulation, and to request them to take all necessary and proportionate measures to guarantee the free movement of goods.

In their answer, the French authorities confirmed that acts of violence had been committed during the night of 14 to 15 October 2001 in the Vivindus meat-cutting plant in Fougères. They claim that the perpetration of such unexpected acts at night by a group of determined individuals acting swiftly made it difficult for the police to take prompt counter-measures. Only on the morning of Monday 15 October 2001 were the French authorities able to implement a plan, which consisted in adopting measures such as opening a judicial enquiry, taking the necessary steps to allow Vivindus to resume operations to secure compensation for the damage. The Prefect of the Region of Brittany undertook to do his utmost to ensure that firms are never confronted with similar situations again.

The Commission continues to keep a very close eye on developments in the situation in France with a view to triggering the mechanisms described above if necessary.

(1) OJ L 337, 12.12.1998.