WRITTEN QUESTION E-3793/97 by José García-Margallo y Marfil (PPE) to the Commission (26 November 1997)

Subject: French road blockade: damage assessment procedure

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.

Hitherto, the French authorities have not intervened to put an end to any of the blockades carried out by French lorry drivers, which are regularly accompanied by violent attacks on lorries transporting fruit and vegetables from Spain. But they did promise that they would in any case pay damages to those affected.

Despite this promise, only 737 (26.8%) of the 2 749 British, Spanish, German Portuguese and Belgian claims submitted since last September have been processed, and only 124 of them accepted (4.51%). Of the 500 claims made in the French courts by Spanish citizens, only 1 has been accepted.

The French authorities claim that the slowness with which these court decisions are reached reflects the fact that the French legal system only allows courts to accept claims for damages when there is documentary proof of damage to vehicles or their cargoes, and such proofs are difficult to provide. This means that there is no real possibility of calculating the enormous cost of cargoes being blocked at the frontier, even when the cargoes have not suffered from physical violence.

Does the Commission intend to put in hand an assessment system which would provide an objective evaluation of the damages suffered and allow the parties concerned to be effectively compensated?

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.