WRITTEN QUESTION E-3927/00

by Bernard Poignant (PSE) to the Commission

(13 December 2000)

Subject: Application of ILO Convention 147 to ships using Community ports

The recent Ievolo Sun shipping disaster has once again focused public attention on the dangers of maritime transport in Community waters. One year after the Erika shipwreck, an initial package of measures on maritime safety proposed by the Commission to the European Parliament and the Council is about to be adopted.

The amendment of Council 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), the amendment of Directive 94/57/EC on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations, and the proposal for a regulation on the accelerated phasing-in of double hull or equivalent design requirements for single hull oil tankers are all technical measures in the field of maritime safety policy.

Nevertheless, it must not be forgotten that the human factor is the most important element in maritime transport safety, since between 70 and 80 % of accidents or shipwrecks are caused by human error.

In this connection, what are the Commission's views on prohibiting access to Community ports for ships which do not meet the social conditions laid down in ILO Convention 147? The question is also relevant to the Paris memorandum, which should be amended so as to ensure that checks on social conditions on board ships are systematic and effective.

Answer given by Mrs de Palacio on behalf of the Commission

(15 February 2001)

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 ships safety, pollution prevention and shipboard living and working conditions (port State control)(1) provides for the verification by inspectors of the port State control of the provisions of Convention 147 of the International Labour Office (ILO). Non-compliance with social standards does not of itself lead to a refusal of access to Community ports. However, under the Directive inspectors may detain ships if the safety or hygiene conditions on board are unsatisfactory.

Directive 1999/95/EEC of the European Parliament and of the Council of 13 December 1999 concerning the enforcement of provisions in respect of seafarers' hours of work on board ships calling at Community ports(2) reinforces its control by providing for verification in Community ports of compliance with the provisions of ILO Convention 180 and the Protocol to Convention 147 concerning the conditions and hours of work on board. Deficiencies revealed during such inspections (such as undue fatigue of members of the crew) may lead to the detention of the vessel.

Finally, amendments made to Directive 95/21/EC are regularly incorporated into the Paris Memorandum. In any event, where there are differences between the Paris Memorandum and Directive 95/21/EC, Member States are required to comply with the provisions of the Directive.

(1) OJ L 157, 7.7.1995.

(2) OJ L 104, 20.1.2000.