WRITTEN QUESTION No. 110/98 by Esko SEPPÄNEN to the Commission. Removal of barriers to trade and workers' right to strike
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 workersí 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 Commissionís 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 Stateís 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 Stateís 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 workerís 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?