Channel Tunnel battle taken to EU

About 60 people were found on a train last week

The rail freight company EWS has made a formal complaint to the European Commission about the disruption to service through the Channel Tunnel.

It has been six months since the French authorities reduced the number of trains using the tunnel, because of regular attempts by asylum seekers to climb on board.

All the promises have been broken

Graham Mickeljohn, EWS

EWS believes France is breaching its obligation to allow free trade movements around Europe.

The freight operator is increasingly angry about the failure of the French police to stop asylum seekers using the tunnel to enter Britain.

"We have been given repeated promises by the French government," EWS spokesman Graham Mickeljohn told BBC News Online.

"They promised that fences would be improved, services would be fully restored and security provided. The promises were made at the highest level in Britain to Tony Blair.

"All the promises have been broken."

Asylum seekers

On Monday night 34 people arrived in the UK on board a train that EWS claimed had been searched in France.

For the last six months only 40% of the normal service has been operating. The company has managed to restart its Scotland to Europe freight service - often used to export whisky.

It wants a 24 hour, seven day a week operation to be restored.

The European Commission is considering the company's complaint that France is in breach of the Treaty of Rome by not allowing free trade.

Only 40% of normal service has been operating

"The feedback we have had is they are treating the complaint as a top priority," said Mr Mickeljohn.

"We haven't been given a date for a hearing but it may be next month.

"The fact that a rail operator in Britain has taken this step against another member of the EU shows quite strongly the desperate need for a solution to a crisis which has gone on for six months and cannot go on for another six months."

EWS has also asked French President Jacques Chirac to resolve the problem.

'Top priority'

EWS Chief Operating Officer Allen Johnson said: "We hope that the newly elected French President views this crisis.... as a top priority to be resolved with the British Government.

"The British Prime Minister, Tony Blair, must seek an urgent meeting to enable this resolution to happen."

Since November 2001, more than 2,600 international rail freight services have been cancelled, according to EWS.

This has seen the return of almost 90,000 lorries to the British and European road networks.

Losses incurred by EWS due to the severe restrictions are said to be more than £10 million.