WRITTEN QUESTION No. 110/98 by Esko SEPPÄNEN to the Commission. Removal of barriers to trade and workers' right to strike
Date: 1998-01-22
Institutions: European Parliament, SEPPAENEN
Subjects: Community Charter of the Fundamental Social Rights of Workers, free movement of goods, liberalisation of trade, right to strike, social dialogue, trade restriction

17. 7. 98

EN

Official Journal of the European Communities

C 223/115

(98/C 223/146)

WRITTEN QUESTION P-0110/98

by Esko Seppa¤nen (GUE/NGL) to the Commission

(22 January 1998)

Subject: Removal of barriers to trade and workers(cid:146) right to strike

In November 1997 the Commission approved a proposal for a regulation, which is now being considered by the
Member States, under the terms of which it would have the right to intervene if, in a Member State, a ban were to
be imposed on the import of goods or if goods were to be impounded or destroyed.

Does the Commission intend to implement the proposal for a regulation regardless of the tripartite procedure,
without consulting the trade unions?

Answer given by Mr Monti on behalf of the Commission

(30 March 1998)

In  adopting  on  18  November  1997  a  proposal  for  a  Council  Regulation  creating  a  mechanism  whereby  the
Commission can intervene in order to remove certain obstacles to trade (1), the Commission(cid:146)s intention was to
respond to the request from the Amsterdam European Council in the most effective possible way. Such obstacles
may  result  from  a  Member  State(cid:146)s  action  or  inaction.  Inaction  exists  when  a  Member  State  fails  to  take  any
general or specific measure which is necessary and proportionate to bring to an end actions by private individuals
that  create  obstacles.  In  this  connection,  the  Commission  would  remind  the  Honourable  Member  that,  in  its
judgment of 9 December 1997 (2), the Court of Justice considered that a Member State(cid:146)s failure to take action was
incompatible with Article 30 of the EC Treaty, read in conjunction with Article 5. As the Commission stressed in
its reply to Oral Question H-155/98 from Mr Scho¤rling during question time at the February 1998 part-session of
Parliament (3), the intervention mechanism proposed does not undermine the exercise of basic rights such as the
right to strike, or interfere in the social dialogue conducted at national level. Indeed, the existence and exercise of
the  right  to  strike  are  guaranteed  by  national  laws  and  are  not  affected  by  Community  law.  In  addition,  the
Community Charter of the Fundamental Social Rights of Workers of 1989 upgraded the right to strike to the
status of a basic worker(cid:146)s right.

If the Council adopts the proposal for a Regulation, the Commission, as it sees fit and on a case-by-case basis,
will consider whether the Member State concerned took the necessary and proportionate measures that were
available  under  its  own  legal  system  and  consistent  with  that  system  (e.g.  with  the  appropriate  consultations
being  carried  out)  in  order  to  bring  swiftly  to  an  end  the  obstacle  identified  by  the  Commission  and  thus  to
safeguard the free movement of goods.

(1)  OJ C 10, 15.1.1998.
(2)  Case C-265/95 Commission v France.
(3)  Debates of the Parliament (February 1998).

(98/C 223/147)

WRITTEN QUESTION E-0111/98

by Markus Ferber (PPE) to the Commission

(30 January 1998)

Subject: Commission publications

Can the Commission state, in respect of its publications:

1.  How many publications are issued by all the Directorates-General, including the Joint Research Centre and

the Commission offices in the Member States?

2.  What is the number of publications per Directorate-General and which budget lines are used to finance the

publications of the individual Directorates-General?

3.  What  is  the  total  level  of  financial  appropriations  for  Commission  publications,  and  what  is  the  level  of

appropriations for publications broken down by each Directorate-General?