EN Official Journal of the European Union CE 78/200

(2004/C 78 E/0206)

WRITTEN QUESTION P-2971/03

by Alexander de Roo (Verts/ALE) to the Commission

(6 October 2003)

Subject: Toxic ships

In 2003 (as of 1 September) 124 ships were dumped by European shipowners on breaking beaches in Asia. This means that for all these 124 ships, toxic chemicals like asbestos, PCB, oil, sludge and paints have found their way into the environment, polluting an ecosystem that is already being pushed to its limits. In addition, workers on these breaking beaches have been exposed to dangerous and potentially lethal substances.

The current waste regulation ((EEC) 259/93 (1)) in the European Union prohibits the export of hazardous wastes. The European Parliament attaches great importance to upholding these regulations to prevent environmental pollution from wastes. The export of old ships in effect is the same as the export of hazardous waste and there is concern that if nothing changes the European Union will continue to allow the illegal export of hazardous waste despite existing regulations.

We draw the attention of the Commission to the following ship that is part of the batch of 124 sent to Asia in 2003.

Skopelos, a crude oil tanker (274 949 dwt) from 1974 under Greek flag. The main heading for the vessel was Aeolos Management S.A. The registered owner was E.N.E. Skopelos Ltd (a small Greek company with apparently no other ships).

The final voyage of this vessel in 2003 started directly out of European waters straight to Bangladeshi breaking yards by the following schedule:

— Piraeus, GRC: after 12.4.2003 — before 25.4.2003;

— Suez, EGY: 25.4.2003 — 25.4.2003;

— Fujairah Anch., ARE: 10.5.2003 — 16.5.2003;

— Chittagong Roads, BGD: 27.5.2003 — before 04.6.2003;

— Chittagong, BGD: 04.6.2003;

Does Council Regulation (EEC) 259/93 apply in the case of exporting ships like Skopelos from the European Union to shipbreaking yards in developing countries, and are ships like Skopelos that are destined for dismantling considered as hazardous waste?

What will the European Commission do to ensure that the competent authorities (in the case of Skopelos, Greece) will act according to the rules and procedures laid down in Council Regulation (EEC) 259/93 to ensure that there will be no illegal export of ships to Asian breaking yards?

What will the European Commission do to ensure that shipowners (in the case of Skopelos, Aeolus Management SA from Piraeus, Greece) will act according to rules and procedures laid down in Council Regulation (EEC) 259/93?

Answer given by Mrs Wallström on behalf of the Commission

(1 December 2003)

Regulation (EEC) No 259/93 applies to shipments of waste within, into and out of the Community.

The definition of waste is laid down in Directive 75/442/EEC, as amended and the definition of ‘hazardous waste’ is defined in Directive 91/689/EEC, as amended

The European Court of Justice has ruled on a number of occasions concerning the concept of waste and it is clear from the jurisprudence that the term ‘waste’ is not to be construed restrictively. Instead, all the relevant circumstances must be taken into consideration in order to determine whether the holder ‘discards’, ‘intends’ or ‘is required to discard’ as prescribed in the definition. If an end of life ships is sent to the mentioned destination for the purpose of breaking up, it is to be considered as waste given that the holder intends to discard it.

As regards the objective element of the waste definition — the duty to discard — the question is when this duty is established. Certain legislation, like for example Directive 95/21/EC 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) can contribute to answering this question (see in particular Article 9).

The ‘discarding’ or the ‘intention to discard’ element depends very much on concrete circumstances in each individual case and on the visibility of this intention to the outside world. A number of qualifying circumstances may point to evidence of intention from an objective perspective (e.g. a contract regarding the dismantling of the ship, state of repair, deletion from the ship registry, age of the ship, etc.) The difficulties in establishing this subjective ‘intention to discard’ are obvious.

However, it is clear that first of all a ship can be considered a waste and generally speaking, a ship constitutes a waste when it is discarded or is intended or required to be discarded — meaning from the moment that it is the intention of the owner not to use it as a ship anymore. A ship destined for dismantling is thus to be considered a waste.

The Regulation does not exclude neither end of life ships or carriage by sea from its scope.

However the Regulation does contain an exception with regard to waste listed in Annex II (non-hazardous) that is destined for recovery only. The question therefore is if end of life ships as those in question are listed in Annex II. Entry GC 030 of Annex III lists ‘vessels and other floating structures for breaking up, properly emptied of any cargo and other materials arising from the operation of the vessel which may have been classified as a dangerous substance or waste’. However, ships destined for dismantling are usually not ‘properly emptied’ to an extend that will justify listing in Annex II. Also they might not be destined for recovery but rather disposal. In such cases the exception is therefore not applicable.

Most ships contain different kinds of inorganic materials e.g. asbestos which is used as fire protection and insulation material for pipes and cabin walls. Polychlorinated biphenyls (PCB) are used to insulate cables and lead and tributyltin are used for painting.

These hazardous materials are listed as hazardous entries in the EU waste list. More importantly, such waste is also listed in Annex V of the Regulation. Annex V lists waste subject to the ban on export of hazardous waste from OECD to non-OECD countries as implemented in the Regulation (EEC) No 259/93. The export-ban originates from the Basel Convention.

Inter alia the following hazardous entries relevant for ships destined for dismantling can be found in Annex V, Part 1, list A:

— A2050 Waste asbestos (dusts and fibres);

— A3020 Waste mineral oils unfit for their originally intended use;

— A4060 Waste oils/water, hydrocarbons/water mixtures, emulsions;

— A4070 Wastes from the production, formulation and use of inks, dyes, pigments, paints, lacquers, varnish excluding any such waste specified on list Β (note the related entry on list Β, Β4010).

If a ship destined for dismantling is not emptied of all cargo and other hazardous materials arising from its operation, it is to be considered a hazardous waste. In practice it is impossible for a ship still sailing on its own power to be emptied as described and in order to sail it will always carry some hazardous materials, e.g. asbestos. Consequently it is to be considered a hazardous waste.

Enforcement of and inspection of compliance with Community legislation, including waste legislation is the responsibility of the Member States. The Commission encourages co-operation between Member States, inter alia through the IMPEL network, to ensure proper implementation of the Regulation and the ban on export of hazardous waste on non-OECD countries.

(1) OJ L 30, 6.2.1993, p. 1.