92002E1974

WRITTEN QUESTION E-1974/02

by Camilo Nogueira Román (Verts/ALE) to the Commission

(8 July 2002)

Subject: The Spanish Government's failure to comply with Community legislation in the case of the Radioelectronic officers Collective' in Galicia

The Radioelectronic officers Collective' in Galicia, consisting of 150 technicians responsible for radio communications on ships of more than 1 600 tonnes, now find themselves hit by long-term unemployment at an average age of 50. The qualification of radioelectronic officer is obtained after five years' study and two years' practical experience.

The Global Maritime Distress and Safety System (GMDSS) came into operation on 1 February 1999. It offers shipowners the option of doing without radiotelegraph operators, whose work can be carried out by general systems operators, who can qualify after a course lasting only 50 hours. The Spanish Government has authorised ships to dispense with radioelectronic officers since 1992, when the GMDSS was not yet operational in Spain. Unlike the Spanish Government the International Maritime Organisation (IMO) recommends a minimum of 130 hours' training with a view to obtaining the general systems operator certificate. According to the Radioelectronic Officers Collective' the handling of electronic communications by general operators has disastrous results, causing false alarms and jeopardising maritime safety itself. The legislation infringed is Directive 2001/25/EC(1) of the European Parliament and of the Council on the minimum level of training of seafarers, in particular Article 11. The Spanish Government has so far not introduced any national measures for Spain's implementation of this directive.

Shipowners for mere financial reasons employ general operators, whose training is of a lower level and shorter duration, and the Spanish Government did not introduce the obligation to find other employment for the Galician workers, whose livelihood is seriously jeopardised because they cannot adjust to the new legislative situation. Is the Commission aware that the Spanish Government is failing to comply with Directive 2001/25/EC on the minimum level of training of seafarers, because of its infringement of the provisions of Annex I, Chapter VII (Alternative Certification), Regulation VII/1, points 3.1, 3.1.1. and 3.1.2?

According to these provisions, the issue of alternative certificates may not be used, in itself, to reduce the number of crew on board Community ships or to lower the integrity of the profession of seafarers. This is precisely what is happening to the radioelectronic officers in Galicia. Does the Commission intend to start an investigation into the failure to comply with the Community legislation in question?

(1) OJ L 136, 18.5.2001, p. 17.

Answer given by Mrs de Palacio on behalf of the Commission

(16 September 2002)

The Commission is not familiar with the Spanish provisions referred to by the Honourable Member which have allowed general systems operators to be employed since 1992, when the Global Maritime Distress and Safety System (GMDSS) was not yet in force in Spain.

Contrary to what the Honourable Member suggests, Spain has adopted national measures transposing Directive 2001/25/EC of the European Parliament and of the Council of 4 April 2001 on the minimum level of training of seafarers and communicated them to the Commission. They are the Order of 16 March 1998 and Royal Decree 2062/1999 of 30 December 1999.

The Commission attaches particular importance to the issue of maritime training, which is very closely linked to the safety of shipping and protection of the marine environment, and thus makes every effort to ensure that maritime training standards are applied effectively.