WRITTEN QUESTION E-3203/00

by Mark Watts (PSE) to the Commission

(12 October 2000)

Subject: Maritime safety

Parliament has previously expressed doubts not only about the democratic legitimacy of voluntary agreements but also concern about the ability of such agreements to deliver results, especially in respect of implementation.

In the light of this, what reassurances can the Commission give that the proposed voluntary agreement on maritime safety will genuinely add to legislative effort aiming for a safer marine environment, that parties involved comprehensively cover the affected activities, that monitoring and compliance can be ensured, and that provisions are compatible with as yet undecided EU legislation?

Answer given by Mrs de Palacio on behalf of the Commission

(21 November 2000)

In its communication on the safety of the seaborne oil trade of 21 March 2000(1) the Commission indicated its intention to facilitate a voluntary agreement between those involved in the transport of oil at sea. In part 5.C of the communication the possible terms of such an agreement were outlined. The communication was addressed to the Parliament and the Council.

Since the adoption of the communication, discussions have taken place with representatives of tanker owners, classification societies, oil companies and oil trading firms in order to explore their willingness to commit themselves to certain voluntary undertakings and thus encourage them to take immediate action to improve maritime safety. There is no guarantee so far that such agreement will be adopted.

The added value of such agreement would be that it can become applicable prior to the entry into force of the proposed new legislation and that it would cover issues falling outside the scope of this legislation, such as commercial practices.

The discussion partners cover a great share of the relevant industry sectors, including all major classification societies belonging to the International Association of Classification Societies. Some 90 % of the world's ocean going tonnage is classed by one of them, Intertanko represents a majority (some 70 %) of the independent oil tanker owners. All major oil companies are represented by the Oil Companies International Maritime Forum, while the independent oil trading firms are represented by the Union Pétrolière Européenne Indépendante.

The question of monitoring compliance with the agreement would form part of the agreement itself, but the detailed content on this point is still to be discussed. It may be noted, however, that the discussions aim at a voluntary agreement between the industry representatives. Neither the Commission nor any other Community institution would be a party to such an agreement.

This work does not undermine the legislative process underway nor does it affect the co-legislative powers of the Parliament. As indicated above, the content of such a voluntary measure primarily relates to areas which are outside the regulatory framework, such as chartering practices, effectiveness of private inspection schemes, exchange of information and other co-operation between the parties. In addition, a voluntary commitment of the character outlined above is by its nature a non-legal instrument. Consequently, it will be superseded by any legal requirement, should there be an overlap between its provisions and those of Community secondary legislation.

Finally, as has been stated before, it is the intention of the Commission to keep the Parliament informed of any developments relating to this initiative.

(1) COM(2000) 142final.