WRITTEN QUESTION E-3654/02

by Rosa Miguélez Ramos (PSE) to the Commission

(18 December 2002)

Subject: Black tide in Galicia: US legislation

Community legislation on the transport of dangerous and polluting goods is supposed to be similar to the US legislation introduced after the Exxon Valdez accident, which has prevented such an accident from recurring. European legislation, which is less stringent than that in North America despite the series of major disasters along our coasts, was not able to prevent our coastline, its inhabitants and certain economic sectors from being seriously affected by the black tide caused by the Prestige oil tanker.

Many experts believe that it is not sufficient to legislate and that it is necessary to implement a surveillance and control system, as the Americans have done, which would be capable of obliging vessels to comply with Community requirements, and to set up a European coastguard system similar to that introduced by the Americans following the adoption of the Oil Shipping Act.

What initiatives will the Commission take in order to ensure that the Member States bring the provisions contained in the Erika I and Erika II packages of legislation into force more quickly, and also to round off that legislation with flanking measures based on the lessons which this disaster holds for all of us, legislators and those responsible in the various governments?

Answer given by Mrs de Palacio on behalf of the Commission

(17 February 2003)

The Commission considers that when comparing the different systems, it is necessary to analyse the policies of the United States and the Union in the light of their geographic position.

Following the disaster resulting from the shipwreck of the oil tanker Prestige off the coast of Galicia, the Commission seized the opportunity offered by the awareness of the risks involved in the transport of heavy fuel by sea to ask the Member States for the swift application of the Erika I and Erika II packages of legislation and to propose new measures.

In this context, the Commission adopted on 3 December 2002(1) a communication on action to be taken following the shipwreck of the oil tanker Prestige. In its conclusions, the Transport Council of 6 December 2002 supported the Commission's initiatives designed to prevent the recurrence of this type of disaster and to counter its consequences. Finally, the European Council of Copenhagen of 12 and 13 December 2002 recognised the Commission's diligence and welcomed the action initiated by this institution to deal with the consequences of the shipwreck.

The Commission has currently already taken all the measures necessary to speed up the establishment of the future European Maritime Safety Agency. On 29 January 2003 Mr Willem De Ruiter was appointed as its Executive Director. Moreover, the Commission has also launched the setting-up of the Community system for monitoring shipping traffic, SafeSeaNet. It has also asked the Member States to bring forward the compilation of national plans for accommodating ships in distress at ports of refuge and convened a coordinating meeting on this subject on 31 January 2003.

With regard to new measures, a proposal for a Regulation(2) prohibiting the carriage of heavy fuel by single-hull oil tankers from or to ports of the Union and speeding up the replacement of single-hull ships by double-hull ships was submitted by the Commission to the Council and Parliament on 20 December 2002.

The Commission has asked that Council and Parliament examine this text as a matter of urgency with a view to its adoption. It should be noted that in certain respects the proposed measures are more stringent than the corresponding American regulations.

Moreover, the Commission has initiated the drafting of a number of new legislative measures intended, in particular, to impose penalties on any person (i.e. not only the shipowner but also the owner of the cargo, the classification society or any other person concerned) liable for pollution due to gross negligence. Provisions will be proposed to counter (deliberate) discharge at sea and will be supplemented with measures on gathering evidence and prosecuting perpetrators.

(1) COM(2002) 681 final.

(2) COM(2002) 780 final.