WRITTEN QUESTION E-3637/00

by Erik Meijer (GUE/NGL) to the Commission

(22 November 2000)

Subject: Making the standard of ship's inspections independent of free competition between classification societies

1. Can the Commission confirm that, together with the Erika which was lost early this year, the tanker Ievoli Sun which was lost off Alderney and Cap de la Hague on 30 October had satisfied the inspection requirements for seaworthiness and safety laid down by one of the recognised private firms operating internationally, the Italian classification society Rina?

2. Which Member States have opposed the Commission's proposed measures for tightening up inspections of ships and preventing fresh disasters?

3. Does the Commission share my fear that the competitive struggle which classification societies are obliged to engage in, in order to acquire or retain shipping companies as customers, always mean that they will be tempted to adopt a flexible approach towards shortcomings and, as a result, ships are given provisional clearance pending repairs to be carried out at a later date?

4. Does the Commission intend to draw up supplementary measures to ensure that the standard of ship's inspection can no longer be influenced by the fact that it is dependent on competition between classification societies, but is based on the most stringent standards possible?

5. Is the Commission prepared to propose placing such inspections in the hands of bodies operating under the responsibility of the European Union or national authorities, so that ships which are not approved by such bodies can be denied access to European ports?

Answer given by Mrs de Palacio on behalf of the Commission

(5 February 2001)

It is regrettable that another tanker vessel has been lost in severe weather off the French coast. There are, however, considerable differences between the two accidents: the ERIKA broke in two because of structural failure, the Ievoli Sun's hull structure appears to have remained intact. The Commission is carefully following the investigations carried out by the Flag State, Italy, and the French authorities into the possible causes of the latest accident.

In reply to the Honourable Member's questions the following information can be given:

1. According to the information available to the Commision, RINA issued the relevant safety certificates, on behalf of the Italian State, necessary to fulfil the requirements for seaworthiness as laid down by International conventions.

2. Following the recent Transport Council there is broad consensus among the Member States on the proposal(1) to amend Council Directive 94/57/EC of 22 November 1994 on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations(2).

3. and 4. The Commission shares the concern expressed by the Honourable Member and has introduced proposals to strengthen the existing Directive in respect of surveillance and monitoring of safety and pollution prevention performance of recognised organisations. A good performance record becomes an unconditional criterion in order to receive and/or maintain recognition under the Directive. Furthermore, should the performance of a recognised organisation start to deteriorate, amendments have been introduce to give the Commission the power to warn, suspend for one year, or withdraw recognition.

The Commission also suggests introducing the Transfer of Class rules in the proposal for amending Council Directive 94/57/EC(3) which is aimed at preventing a shipowner from changing classification society for safety reasons.

All these proposed amendments have been introduced in order to strengthen the surveillance of recognised organisations and to force them to compete on quality in service to the highest possible standards.

5. Yes. The Commission proposed the creation of a European Maritime Safety Agency, which will be a technical body to, among other tasks, assist the Commission in the surveillance of classification societies. As regards denied access, the Commission agrees with the objective of banning of vessels which are manifestly substandard and has proposed measures for such banning in Article 7(a) in the amended proposal(4) for 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)(5).

(1) OJ C 212 E, 25.7.2000.

(2) OJ L 319, 12.12.1994.

(3) OJ L 48, 3.3.1995.

(4) COM(2000) 850 final.

(5) OJ L 157, 7.7.1995.