Resolution of the Committee of the Regions on the 'Obstacles to the free movement of goods in the internal market` (97/C 244/13)

THE COMMITTEE OF THE REGIONS,

having regard to the Bureau's decision of 15 January 1997 instructing Commission 3 to draw up a Resolution on the consequences of domestic labour disputes for the free movement of goods in the internal market;

having regard to the draft Resolution adopted by Commission 3 at its meeting of 10 April 1997 (rapporteurs: Mr Zaplana and Mr Sanz);

whereas the free movement of goods is a key principle in the creation of the internal market in Europe, as laid down by Article 3 of the Treaty establishing the European Community;

whereas certain types of industrial dispute within a Member State may in practice hinder the exercise of the freedoms enshrined in the Treaties, with disastrous consequences for the economies of the other Member States and, more specifically, for the goods haulage sector;

whereas the peripheral regions and the regions of the south of the European Union are especially affected by disputes in neighbouring countries, through which they must transport their goods to reach markets in the rest of Europe;

whereas the Member States are responsible for ensuring that Community law is enforced on their territory, and the Commission must ensure that this law is effectively complied with and applied throughout the territory of the European Union and take action, where necessary, to counter infringement of Community principles by Member States;

whereas failure by Member States to comply with Community law may consist not only of action taken by state bodies in the Member State concerned but also of an absence of action by its police forces to counter acts by their citizens which infringe Community law, particularly when such acts directly affect citizens of other Member States in transit through their territory;

whereas the European and regional dimension of this problem demands that the Committee of the Regions make a declaration on this issue,

adopted the following Resolution at its 18th plenary session on 11 and 12 June 1997 (meeting of 12 June).

The Committee of the Regions:

1. calls upon the Member States to apply Community law in full and, in this particular case, to enforce the principle of free movement of goods effectively.

2. urges the Commission to intensify its monitoring of Member States' compliance with Community law in matters concerning the free movement of goods and to put the legal machinery provided into immediate motion in cases of non-compliance.

3. calls upon the Member States promptly and effectively to adopt compensatory measures when disruption to the free movement of goods on their territory causes economic loss.

4. calls for plans to be prepared for alternative transport arrangements in urgent cases arising from labour disputes or natural causes.

5. calls upon the appropriate authorities in the Member States to adopt a conciliatory approach so that the social and economic conditions under which the transport sector operates can be established in a calm atmosphere.

6. calls for measures to be taken to ensure that the unrestricted maintenance of free trade does not impose additional burdens on those sections of the population affected by transport.

Brussels, 12 June 1997.

The Chairman of the Committee of the Regions

Pasqual MARAGALL i MIRA