WRITTEN QUESTION No. 3799/97 by José GARCÍA-MARGALLO Y MARFIL to the Commission. French Road Blockades: Legal wherewithal to protect the Single Market
C 187/58 EN Official Journal of the European Communities 16. 6. 98 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 hauliersí organizations calculate that every day of the blockade cost Spanish road-haulage undertakings over PTA 2 500 million. During the strike begun by French lorry drivers on 3 November 1997, various countries requested the French Government to take effective action to guarantee the free market, by setting up corridors for lorries to cross the country. The French Government, referring to the lack of European harmonization in the field of social legislation, refused. What measures does the Commission intend to take to oblige the French authorities to guarantee respect for Community rules? (98/C 187/93) WRITTEN QUESTION E-3799/97 by Jose· Garc ·a-Margallo y Marfil (PPE) to the Commission (26 November 1997) Subject: French Road Blockades: Legal wherewithal to protect the Single Market 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 hauliersí organizations calculate that every day of the blockade cost Spanish road-haulage undertakings over PTA 2 500 million. During the strike begun by French lorry drivers on 3 November 1997, various countries requested the French Government to take effective action to guarantee the free market, by setting up corridors for lorries to cross the country. The French Government, referring to the lack of European harmonization in the field of social legislation, refused. Does the European Union have at its disposal the legal wherewithal which would allow it to oblige the French Govenment to intervene in order to ensure the freedom of movement of goods in the Internal Market? 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