WRITTEN QUESTION P-0321/03 by Philip Bushill-Matthews (PPE-DE) to the Commission. Open borders.
Date: 2003-02-04
Institutions: European Parliament, Provisional data
Subjects: application of EU law, free movement of goods, frontier, infringement of EU law, liability of the State, single market

3.7.2003

EN

Official Journal of the European Union

C 155 E/219

(2003/C 155 E/238)

WRITTEN QUESTION P-0321/03

by Philip Bushill-Matthews (PPE-DE) to the Commission

(4 February 2003)

Subject: Open borders

Can the Commission spell out what are the precise responsibilities of Member States with regard to
keeping borders open for the free movement of trade? Can the Commission also spell out what should be
the penalties on Member States for failure to keep borders open, and specifically what measures have been
taken to penalise France for the closures of the port of Calais last year, and what compensation should be
due for those who have suffered as a result?

Answer given by Mr Bolkestein on behalf of the Commission

(25 February 2003)

Article 14(2) of the EC Treaty lays down that the internal market comprises an area without internal
frontiers, within which the free movement of goods is ensured in accordance with the provisions of the
Treaty. This fundamental principle is implemented in particular by Articles 28 and 29 of the EC Treaty,
which lay down that quantitative restrictions on imports and exports and all measures having equivalent
effect shall be prohibited between Member States.

As an indispensable means of achieving the market without internal frontiers, these provisions require the
Member States not only not to act or behave in any way which is liable to constitute an obstacle to trade,
but also, pursuant to Article 10 of the EC Treaty, to take all appropriate and necessary measures to ensure
that this fundamental freedom is upheld on their territories.

It falls to the Court of Justice, in proceedings for failure to fulfil Treaty obligations, and taking account of
its powers of assessment, to establish whether the Member State concerned has taken measures to ensure
the free movement of goods as required by the above-mentioned Articles. On concluding its assessment,
the Court may find against that State because its actions (or its failure to act) are incompatible with
Community law.

The Court has also established the principle that a State in this position is liable for a breach of the EC
Treaty. Accordingly, if found to be in breach of Community law, it should be required to compensate
anyone who has established a sufficiently serious breach of a rule which affords him rights and the
existence of a causal link between the injury suffered and the alleged breach.

As regards the case referred to in the question, the Commission has not received a complaint concerning
the closure of the of the port of Calais, and has no information likely to provide grounds for its initiating
proceedings for a breach of Article 226 of the EC Treaty.

(2003/C 155 E/239)

WRITTEN QUESTION P-0341/03

by Mihail Papayannakis (GUE/NGL) to the Commission

(5 February 2003)

Subject: Infringement of Directive 89/48/EEC

What does the Commission intend to do to persuade Greece to implement Directive 89/48/EEC (1) in view
of the fact that Presidential Decree 52/93, which was adopted in respect of graduates in law and their
access to the profession as lawyers, infringes the Directive and ‘allows’ the Athens Bar Association wittingly
to break the law?

(1) OJ L 19, 24.1.1989, p. 16.