Joint answer given by Mr Nelli Feroci on behalf of the Commission
Written questions :E-006101/14 , E-005908/14 , E-005913/14 , E-005863/14
24.9.2014
The Commission is aware of the events in Perpignan that could be considered an obstacle to the free movement of goods, covered by Articles 34-36 TFEU and Council Regulation (EC) No 2679/98[1].
Member States have the responsibility of adopting all necessary and proportionate measures to assure the free movement of goods and to prevent them from being obstructed by the actions of private individuals[2]. However, it is not always possible to foresee the first occurrence of these kinds of actions.
Member States are obliged[3] to take all reasonable and proportionate steps to inform persons affected by a breach of the Treaty of this kind, of the existence of remedies to provide compensation and the procedure to be followed in pursuing them. Economic operators may seek compensation for losses suffered due to these incidents in France before national courts, in accordance with applicable national law.
The Commission is following the development of this issue, especially in view of possible similar actions by French farmers in the future and of safeguarding the principle of free movement of goods. To this end, it contacted the French authorities requesting information on the measures undertaken to eliminate these obstacles on their territory.
If further incidents occur, the Commission will analyse which further steps to take under (EC) No 2679/98[4].
As regards exceptional market measures, the Commission adopted measures to support the market for peaches and nectarines, reducing supply and promoting demand[5]. Furthermore, additional funding is aimed primarily at withdrawals for free distribution but this provision will be updated to cover withdrawals for ‘other destinations’ (e.g. composting, non-food use)[6].
- [1] OJ L 237, 12.12.1998, p. 8.
- [2] Case C 265/95 Commission vs. French Republic, ECR 1997 p. I 06959.
- [3] Council Regulation of 7 December 1998 on the free movement of goods, OJ L 337, 12.12.1998.
- [4] e.g. notification of the Member State, publication in the Official Journal.
- [5] Commission Delegated Regulation (EU) No 913/2014 of 21 August 2014 laying down temporary exceptional support measures for producers of peaches and nectarines (OJ L 248, 22.8.2014, p. 1).
- [6] To this effect the legal text referred in the footnote above will, consequently, be amended in the coming days.