WRITTEN QUESTION E-0294/03

by Rosa Díez González (PSE), Pedro Aparicio Sánchez (PSE),María Izquierdo Rojo (PSE) and Fernando Pérez Royo (PSE) to the Commission

(7 February 2003)

Subject: Sinking of the lighter Spabunker IV in Algeciras Bay

Although the surface area of the Mediterranean Sea amounts to just 1 % of the total surface area of the world's oceans, 20 % of the world's petrol tankers and 28 % of its oil transit through its waters. The situation calls for especially protective Community and international rules. Algeciras Bay, with the port of Gibraltar, is a particularly vulnerable enclave owing both to its high density of oil traffic and its special legal status. It is estimated that in recent years it has seen over forty major oil spillages. The last of these followed the sinking of the lighter Spabunker IV, which was carrying over a thousand tonnes of fuel oil.

1. Can the Commission indicate whether bunkering (the transfer of fuel from one vessel to another) and the floating refuelling stations habitually found in Algeciras Bay are permitted under international and Community rules, and whether Gibraltar and the Member States are complying with these rules;

2. Also whether it will gather information on the sinking of the Spabunker IV and establish whether the accident involved any non-compliance with the rules? In any event, will the Commission tighten up the legislation as it stands?

Answer given by Mrs de Palacio on behalf of the Commission

(19 March 2003)

The Commission has been informed about the sinking of Spabunker IV in Algeciras Bay on 21 January 2003 and regrets that it led to the death of the vessel's master. According to the information the Commission has, the vessel did spill some of its fuel when it sank. However, no leakage of heavy fuel oil seems to have been detected.

The information available to the Commission indicates that the Spanish authorities have now finished pumping the cargo out of the vessel. This does not seem to have been too difficult in view of the shallow depth at which the wreck lies and its position on the seabed.

As regards the risks of bunkering in Algeciras Bay and Gibraltar, the Honourable Members are referred to the Commission's answer to oral question H-0800/02 from Mr García Margallo y Marfil during the Parliament's plenary session in December 2002(1).

The Commission intends to be particularly vigilant as regards compliance with good practice and to make sure that those who cause pollution are effectively held to account. It is with this in mind that, on 5 March 2003, the Commission adopted a legislative proposal(2) to apply criminal sanctions to any shipowner, shipper, classification society or any other person responsible for pollution as a result of gross negligence.

Furthermore, the Commission does not intend to investigate this incident. This is a matter for the national authorities, which will have to determine exactly what happened. For its part, the Commission is continuing with the action it started in the wake of the sinking of the Prestige.

In line with the Council's conclusions, the Commission has therefore proposed banning the carriage of heavy oil products by single hull oil tankers of more than 600 tonnes deadweight. The Commission's proposal (amendment of Regulation (EC) No 417/2002(3)) is currently before the Council and Parliament.

(1) Oral answer of 17.12.2002.

(2) COM(2003) 92 final.

(3) 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.