Blockade underlines EU impotence

Date: 05/12/1996

By Michael Mann

THE lorry drivers' strike which brought France to a virtual standstill for almost two weeks served as a vivid illustration of how little the European Commission can do in such circumstances.

Despite the considerable damage done to the Union's hallowed single market while the dispute continued, Transport Commissioner Neil Kinnock could do little more last week than appeal to the workers involved to allow foreign operators to continue going about their business.

Speaking to MEPs, Kinnock explained clearly the limitations on the Commission's power to act. “The Commission has no effective legal right or ability to intervene in a national dispute unless a member state is shown to be negligent in its duty to uphold the legal freedom of movement of goods and persons specified in the treaty,” said Kinnock.

This view was echoed by Internal Market Commissioner Mario Monti, who stressed that the lorry drivers' dispute was very different from those cases in which the Commission had previously taken action against recalcitrant member states.

In a radio interview during the strike, Monti stressed that the French truckers' dispute did not have “protectionist connotations” of the kind involved in earlier blockades of fruit and vegetables being imported into France from Spain.

Where the Commission does have a role to play is in the prevention of deliberate efforts to restrict the free movement of one country's goods elsewhere in the Union.

The French farmers' blockades and attacks on Spanish lorries were a direct response to competition from their main market rivals and a blatant challenge to the principles of a single, border-free European market.

A Commission spokesman confirmed that legal proceedings were in the pipeline against the French government for failing to provide adequate protection to deliveries of Spanish strawberries.

But Monti pointed out that, in the case of the truck drivers' dispute, the French economy was “suffering as much as the European single market”, so it was different.

Union law clearly draws a firm distinction between foreign operators who become the unwitting victims of a national dispute and deliberate attempts to hinder trade from an EU partner.

Monti confirmed that the Commission's role was to monitor events to ensure that the French government did not leave itself open to charges of negligence in its efforts to alleviate the situation.

Commission officials stress they received no formal word from any national government that they were unhappy with the French authorities' tactics during the dispute.

But haulage industry sources claimed the UK was not content with the back-seat role played by Kinnock, feeling there was more he could have done to force France to help operators from other member states.

However, the British found themselves in an awkward position. “There were actually more Dutch truckers stuck in France than British, but the UK made rather more of a fuss about it. From the country which often complains about too much interference from Brussels, it would be quite something if they really did ask the Commission to intervene,” said one official.

Monti echoed this feeling, saying: “Some of those who have been loudest in calling for action would be the loudest in complaining if more powers went to the European Commission.”

With individuals unable to seek compensation through the European courts, hauliers intent on winning redress for losses they suffered during the dispute must operate through the legal systems of the member states where they feel the damage was done.

French law does contain provisions for compensation for financial losses caused by this type of industrial action, but foreign operators are concerned about past difficulties in obtaining statements from French police and other authorities to support their claims.

Here again, Kinnock is anxious to show his willingness to encourage Paris to agree on compensation for those affected speedily, but there is nothing he can do to force the issue.

Meanwhile, the Transport Commissioner is looking to various pieces of EU legislation currently in the pipeline to help prevent similar disputes in future.

Kinnock said that he hoped ministers would soon agree on proposals for a new tachograph to make it easier to check driving hours accurately. He also hopes for progress on working time legislation, but admits that it will be hard to agree EU-wide rules for truck drivers.