92002E3545

WRITTEN QUESTION E-3545/02

by Michel-Ange Scarbonchi (GUE/NGL) to the Commission

(11 December 2002)

Subject: Creation of a fleet of European coastguard ships

After the sinking of the Erika, the Prestige oil spill on 19 November 2002 off the coast of Galicia, Spain has shown us the serious inadequacies in the control and monitoring of ships at sea.

The Commission must act as quickly as possible in the face of environmental disasters like these. The decision taken at the Franco-Spanish Summit in Malaga, in accordance with Article 56 of the United Nations Convention on the Law of the Sea, to limit access for the most dangerous oil tankers to the exclusive economic zone (EEZ), less than 200 nautical miles (360 km) from the coast, gives cause for hope.

However, the crisis that an oil spill presents for those affected, for the local communities and its consequences for the environment and sectors of the economy such as fishing and tourism, requires that new rules concerning the transport of high-risk goods, as well as new monitoring measures, are drawn up on a European scale.

The precautionary principle means that the setting up of a European police force of the seas must now be considered. The creation of a fleet of European coastguard ships would allow maritime law to be enforced more effectively.

There are many arguments in favour of a new administrative body, which could be placed under the control of the European Parliament and under the responsibility of the maritime authorities of the Member States. On the eve of the next enlargement of the European Union, this would send a strong message in favour of a Europe of the sea. What is the Commission's view on this?

Is the Commission willing to make proposals that would serve as a common basis for a European campaign for safety at sea, with emphasis on the strict monitoring of the ships in circulation?

Answer given by Mrs de Palacio on behalf of the Commission

(4 February 2003)

On 3 December 2002, the Commission presented a communication on the action to be taken following the sinking of the tanker Prestige(1). On 6 and 9 December 2002, the Council adopted conclusions supporting the Commission moves to prevent any repetition of that type of catastrophe and combat the consequences.

Maritime safety was included on the agenda of the European Council in Copenhagen, the conclusions of which emphasise that The Union is determined to take all necessary measures to avoid a repetition of similar catastrophes and welcomes the rapid responses by the Council and the Commission and that The European Council welcomes the action undertaken by the Commission to confront the economic, social and environmental consequences derived from the wreck of the Prestige, in the framework of the present financial perspectives and its intention to examine the need for further specific measures. Amongst these measures, questions relating to liability and the corresponding sanctions will also be examined.

The Commission is aware of certain weaknesses in the procedures implemented by maritime authorities in the Member States. With regard to port State control(2), the Commission has reminded Member States of their obligations. The Commission has demanded the immediate recruitment of sufficient inspectors to check at least 25 % of ships, as required under current European legislation.

In this context, the Commission has already had occasion to question the low percentage of checks carried out by certain Member States or certain ports. It has also brought cases against France and Ireland before the Court of Justice, for failure to attain the threshold of 25 %.

The Commission considers that, in the light of recent events, there is a legitimate argument for creating a fleet of European coastguard ships as a means of effectively countering the risks of pollution and ensuring maritime safety.

The principal task of the European Maritime Safety Agency, established under Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002(3), which is due to become operational in the next few months, will be the technical coordination of the application of Community law. The aim is for the Agency's mandate to be extended as circumstances require.

In particular, the organisation will have to play a major role in strengthening cooperation between coastguard authorities in Member States on maritime safety and the prevention of pollution. The question whether the creation of a fleet of European coastguard ships should be the next step must be examined in the light of experience gained by the Agency, and assessed by all the parties concerned.

(1) COM(2002) 681 final.

(2) Council Directive 95/21/EC of 19 June 1995 concerning the enforcement, in respect of shipping using Community ports and sailing in the waters under the jurisdiction of the Member States, of international standards for ship safety, pollution prevention and shipboard living and working conditions (port State control), OJ L 157, 7.7.1995.

(3) OJ L 208, 5.8.2002.