Resolution of the Council and of the Representatives of the Governments of the Member States, meeting within the Council, of 7 December 1998 on the free movement of goods
Date: 1998-12-07
Institutions: Council of the European Union, Representatives of the Governments of the Member States
Subjects: export policy, free movement of goods, import policy, single market, strike, trade restriction

L 337/10

EN

Official Journal of the European Communities

12. 12. 98

RESOLUTION OF THE COUNCIL AND OF THE REPRESENTATIVES OF
THE GOVERNMENTS OF THE MEMBER STATES, MEETING WITHIN THE
COUNCIL

of 7 December 1998

on the free movement of goods

THE COUNCIL OF THE EUROPEAN UNION AND THE
REPRESENTATIVES OF THE GOVERNMENTS OF THE
MEMBER STATES OF THE EUROPEAN COMMUNITIES,
MEETING WITHIN THE COUNCIL,

EMPHASISING that there is no question of interventions
that might restrict or adversely affect
the exercise of
fundamental rights,
including the right or freedom to
strike as recognised in the Member States,

UNDERLINING the central role of the Single Market in
the overall strategy of the European Union to promote
competitiveness, economic growth and employment;

UNDERLINING also in this
regard the fundamental
importance of free movement of goods for the proper
functioning of the Single Market;

RECALLING the obligation of Member States to ensure
the free movement of goods in accordance with Articles
30 to 36 of
the Treaty establishing the European
Community and reaffirming their full commitment to
deal promptly and effectively with problems in this
respect;

NOTING that severe obstacles to the free movement of
goods impose significant economic costs on individuals
and obstruct modern distribution and production
methods; noting also that such obstacles cast strong doubt
on the credibility of the Single Market, the effective func-
tioning of which has become increasingly important in
view of
and Monetary Union and
enlargement;

the Economic

STRESSING the need for rapid and effective action by
Member States and the Community institutions to tackle
such problems, including through the use of adminis-
trative cooperation;

RECALLING the Conclusions of
Luxembourg European Councils;

the Amsterdam and

NOTING 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 (1);

NOTING also the judgement of the Court of Justice of the
European Communities of 9 December 1997 (Case C
265/95) which recalled the obligation of Member States to
take all the necessary and proportionate actions available
to them in order to ensure the free movement of goods;

(1) See page 8 of this Official Journal.

HAVE AGREED AS FOLLOWS:

taking into account

MEMBER STATES undertake to do all within their
1.
funda-
powers,
mental rights, including the right or freedom to strike, to
maintain the free movement of goods and to deal rapidly
with actions which seriously disrupt the free movement of
goods, as defined in Regulation (EC) No 2679/98.

the protection of

MEMBER STATES

inform their
2.
economic operators of such disruptions and of efforts to
overcome them.

undertake

to

MEMBER STATES agree to ensure that rapid and
3.
effective review procedures are available for any person
who has been harmed as a result of a breach of the Treaty
caused by an obstacle within the meaning of Article 1 of
Regulation (EC) No 2679/98. They undertake to take all
reasonable and proportionate steps to inform persons
affected by a breach of the Treaty of this kind, of the
existence of such remedies and of the procedure to be
followed in pursuing them.

MEMBER STATES also agree to take the necessary
4.
steps, in accordance with the provisions of the Treaty, to
make sure that requests for debate on the free movement
of goods can be dealt with swiftly at the appropriate level
within the Council, should a given situation warrant such
attention.

THE COUNCIL notes the Commission’s intention to
5.
impose tight deadlines for procedures under Article 169
of the Treaty regarding cases falling within the scope of
Regulation (EC) No 2679/98 and requests the Commis-
sion to inform the Council of specific initiatives to be
taken in this respect.

MEMBER STATES take note that in cases referred to
6.
in paragraph 5 the time set by the Commission for
submission of observations may be as short as five
working days, as may also the time for response to a
reasoned opinion.

12. 12. 98

EN

Official Journal of the European Communities

L 337/11

THE COUNCIL invites the Court of Justice of the European Communities to consider
7.
whether cases within the scope of Regulation (EC) No 2679/98 can be expedited and
promises to examine any proposals to amend the Rules of Procedure of the Court of
Justice urgently and with an open mind.

THE COUNCIL invites the Commission to submit a report on the application of

8.
Regulation (EC) No 2679/98 two years after the entry into force thereof.