The IMERA ensures the continuity of critical supply chains while respecting trade unions' ability to defend their members' interests when necessary

The Council and the European Parliament have reached an agreement on a renewed regulation for an Internal Market Emergency and Resilience Act (IMERA). This act aims to enhance the EU's readiness for, and response to, future crises in the internal market by learning from past events like the COVID pandemic, Russia's war in Ukraine, and the energy supply challenges. It obliges Member States to take coordinated action when trade disruptions occur among them.

Concerns were raised by trade unions when the proposal for IMERA was introduced in late 2022, due to the removal of a strike exemption present in the original 1998 regulation. This removal could have allowed industrial actions to be treated as trade barriers, subject to governmental intervention.

Intense lobbying by trade unions towards the European Parliament and national governments ensured that the strike exemption stayed intact.

The background to the 1998 regulation was that disgruntled farmers in France were sabotaging imports of agricultural products such as Belgian strawberries, Spanish tomatoes and wine. The Commission took France to court and won the case. Following this court ruling, the Council adopted a regulation ("the strawberry regulation") which clarified that the exercise of fundamental rights, including the freedom to strike, would not be impaired. This provision, known as the “Monti clause” after the then Internal Market Commissioner, has provided an essential exemption for industrial action for 26 years.

Isabelle Barthès, Deputy General Secretary of industriAll Europe said:

“In times of crisis, the EU must be able to effectively deal with obstacles to trade without infringing on fundamental rights, including the right to strike.

”The IMERA ensures the continuity of critical supply chains while respecting trade unions' ability to defend their members' interests when necessary.“