WRITTEN QUESTION E-1956/03

by María Sornosa Martínez (PSE) to the Council

(13 June 2003)

Subject: Use of a Spanish single-hull oil tanker in the war in Iraq

The Spanish Government decided to send a military oil tanker, the Marqués de la Ensenada, to assist allied troops during the war in Iraq. The Marqués de la Ensenada, a single-hull oil tanker, was built in 1990.

In view of the fact that:

- the Commission is currently engaged in commendable work to eliminate single-hull oil tankers, especially through its proposal to amend Regulation (EC) No 417/2002(1),

- the aforementioned Regulation does not apply either to warships or to auxiliary warships,

- in wartime there is a heightened risk of attack resulting in the sinking of such ships and, consequently, in an oil slick,

would the Council be willing to take steps to urge its component Member States to withdraw single-hull tankers from their naval units and replace them with double-hull tankers, as proposed in Community legislation?

(1) OJ L 64, 7.3.2002, p. 1.

Reply

(7 October 2003)

It is correct, as stated in the question, that the Community legislation(1) aimed at the accelerated phasing-out of single-hull tankers does not apply to ships owned or operated by a State and used on government non-commercial service, among them warships and naval auxiliary ships. This exemption is to be found in other parts of Community maritime legislation as well, and is fully in line with international rules, in casu Marpol.

Regulation (EC) No 417/2002 is currently under revision under the co-decision procedure, with the adoption of the legislative act in first reading expected on 22 July 2003, following the Council's approval of the amendments to the Commission proposal voted by Parliament on 4 June 2003. This revision will continue to exclude warships and auxiliary navy ships, from the scope of the Regulation.

However, according to Regulation (EC) No 417/2002 on the accelerated phasing-in of double hull or equivalent design requirements for single hull oil tankers, Member States shall, as far as reasonable and practicable, endeavour to respect Community legislation on this matter.

It can be added that currently a single-hull tanker covered by EC Regulation built in 1990 shall be phased out before 2007 (tankers belonging to category 1) or 2015 (tankers belonging to categories 2 and 3). Once the Regulation amending Regulation (EC) 417/2002 has entered into force, a 1990 single-hull oil tanker in category 1 will be phased out in 2005 and category 2 and 3 tankers in 2010. Such a single-hull tanker would however be banned from transporting heavy grades of oil with immediate effect if it of more than 5 000 tons deadweight or in 2008, at the latest, if it is of less than 5 000 tons.

(1) Regulation (EC) No 417/2002 of the European Parliament and of the Council of 18 February 2002 on the accelerated phasing-in of double hull or equivalent design requirements for single hull oil tankers and repealing Council Regulation (EC) No 2978/94, OJ L 64, 7.3.2002, p. 1.