WRITTEN QUESTION E-0331/00

by Karla Peijs (PPE-DE) to the Commission

(11 February 2000)

Subject: Blockades by French road haulage operators

The blockades by French road haulage operators on 10 January 2000 have had a huge adverse impact on goods transport by road to and through France. Some fifty blockades of large and small border crossing-points with Belgium, Spain, Italy, Germany, Switzerland and Luxembourg, as well as of a number of port areas, were set up for the purpose of restricting the free movement of goods within the Union.

The effect of the blockades was to completely disrupt many road-transport operators' planning. In addition, many operators took the precaution of taking their vehicles off the road.

It is one of the duties of the Institutions to guarantee the free movement of goods, Pursuant to Regulation (EC) No 2679/98 on the operation of the internal market as regards the free movement of goods between Member States, the Member States have five days time assigned by the Commission to take the necessary action to remove the obstacles.

Does the Commission not agree that the interval of five days is too long for an intervention mechanism? The damage done to economic interests was, after all, already enormous right from day one of the so-called obstruction

How will the Commission act on future occasions to intervene more quickly and more effectively to counteract such obstruction of the free movement of goods between Member States?

The total damage caused to non-French transport undertakings by the blockade is estimated at around 30 million. Only damage suffered on French territory will be eligible for compensation. But one consequence of the information available to operators was that much of the damage was suffered outside of French territory.

What action will the European Commission take in this connection?

How can compensation be paid for the damage suffered?

Is the Commission considering changes to Regulation (EC) No 2679/98 with a view to reducing the non-intervention period significantly?

Answer given by Mr Bolkestein on behalf of the Commission

(20 March 2000)

The Honourable Member has drawn the Commission's attention to the serious economic impact on Community businesses of the border blockades by French lorry drivers, in particular over recent weeks, and to the Commission's powers of intervention, as per Regulation (EC) No 2679/98(1).

The Commission would firstly like to stress that under Community law it is the responsibility of the Member States to take all necessary and proportionate measures to restore the free movement of goods in their territory when events of this nature occur.

Under Article 5 of Regulation (EC) No 2679/98, the Commission may send a notification to the Member State in which an obstacle is occurring, requesting the Member State to restore freedom of movement. This notification stipulates the period within which the Member State must meet its obligations under Community law. This time period is determined by the Commission with reference to the urgency of the case (Article 5(1)) and may be less than five days. Article 5(4), however, does stipulate that the Member State must send an official reply to the Commission within a period of five working days after receipt of the text.

The Commission believes, in view of the results of the exchanges of information (Article 3 of Regulation (EC) No 2679/98) with the French authorities during the disputes of January and February 2000, that the implementation of Regulation 2679/98 contributed greatly to the rapid lifting of the border blockades. The Commission does not therefore currently intend to amend the Regulation in any way.

As regards compensation for the damage suffered, the Commission wishes to inform the Honourable Member that, during the above mentioned exchanges of information, the French authorities announced their intention to take the necessary measures to allow any requests for compensation to be lodged at a later date, as per Article L.2216-3 of the General Code for local authorities.

In this regard, the Commission would like to draw the Honourable Member's attention to the fact that, in accordance with the case law of the Court of Justice, Member States are responsible for compensating damage suffered by economic operators as a result of infringements of Community law for which the Member States are held to be responsible. The Commission also believes that this right to compensation should not be limited only to material damage suffered on French territory. Such an interpretation would call into question Member States' fundamental responsibility for infringements of Community law, which ensures the full effectiveness of Community legislation and the effective protection of the rights recognised therein.

(1) 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.