EN Official Journal of the European Union CE 84/308

(2004/C 84 E/0356)

WRITTEN QUESTION E-0123/04

by Dorette Corbey (PSE) and Jan Wiersma (PSE) to the Commission

(26 January 2004)

Subject: Containers of arsenic pentoxide at sea

On 21 December 2003 in very heavy seas to the north-west of the Dutch island of Texel, the cargo ship Andinet, which was sailing under an Ethiopian flag from Antwerp to Bremen, lost three containers (carrying a total of 630 drums) and 63 loose drums of wood pesticide consisting of 24 % arsenic pentoxide, 34 % chromium trioxide and 14 % copper dioxide. In addition, the content of about 50 drums of the toxic substance (5 000 litres) was washed into the sea during the storm.

1. Does the Commission agree that: — ships with hazardous substances on board should be forbidden to put out to sea in storms, — it should be forbidden to transport containers of hazardous substances on deck, — every container of hazardous materials should be equipped with a transmitter for ease of traceability?

2. What steps will the Commission take within the EU and the IMO to ensure that the prohibitions mentioned in paragraph 1 are introduced, as well as the requirement that containers carrying hazardous substances should be equipped with a transmitter?

3. Does the Commission take the view that existing controls at the time of loading are stringent enough, or should the rules on stowing cargo be reviewed?

4. Who is responsible for the recovery of cargo lost overboard, who is liable for any damage to the environment or biodiversity, and does the Commission take the view that the question of liability is sufficiently well regulated?

Answer given by Mrs de Palacio on behalf of the Commission

(9 March 2004)

Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system (1) lays down measures in the event of exceptionally bad weather, including the possibility for the competent authority to recommend or prohibit either a particular ship or ships in general from entering or leaving a port.

In general, the transport below deck of containers of hazardous products, particularly explosives, presents a greater risk to the safety of the ship than storage on deck.

With regard to the obligation to equip containers of hazardous substances with a transmitter, as part of the 5th Framework Programme for Research and Technological Development, the Commission launched the Safe InterModal Transport Across the Globe (Simtag) research project, the objectives of which include the development of viable technology for tracing and identifying cargoes which pose a risk to the environment, and the intelligent tracking of containers.

On the basis of the results of the Simtag project, the Commission will examine appropriate measures in the framework of its right of initiative.

Concerning the International Maritime Organisation (IMO), however, the Commission would point out that the Community is not a contracting party to any international conventions on the rules for loading and stowing containers of hazardous substances. The Commission currently has permanent observer status at the IMO, which limits it scope for action in this field. In order to allow the Community to act more effectively at international level, the Commission has submitted a recommendation to the Council to allow the Community to join the IMO.

New rules on stowage are adopted by the IMO in connection with amendments to the International Convention for the Safety of Life at Sea (SOLAS 74) and in the Code of Safe Practice for Cargo Stowage and Securing (CSS Code).

With regard to controls at the time of loading, the Paris MOU on Port State Control, which became obligatory under Directive 2001/106/EC on port State control (2), specifies that the inspector of the ship may verify that dangerous goods have been stowed on board in conformity with the cargo securing manual and the certificate of conformity, using the register of dangerous products or the stowage plan required under Chapter VII of SOLAS 74.

The Commission would also point out that the Community measures adopted after the Erika accident have made it possible to increase ship inspection staff in ports allowing Member States to comply with the requirement to inspect a minimum of 25 % of ships entering ports.

As regards any damage to the environment or to biodiversity, there is still no Community instrument regulating this area. This matter is dealt with under national legislation, together with the 1976 Convention on Limitation of Liability for Maríne Claims, if applicable. The 1996 Protocol to this Convention has not yet entered into force. The International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996 (HNS) has not yet entered into force, in spite of the Council Decision 2002/971/EC of 18 November 2002 (3) authorising the Member States, in the interest of the Community, to ratify or accede to the HNS Convention.

Concerning the recovery of cargo lost overboard, the responsibility rests with the national authorities which have appropriate means of intervention in the framework of pollution control plans.

In response to this and previous incidents, the Commission has given particular attention to the prevention and control of pollution and the secure transport of hazardous goods in the context of the 6th Framework Programme for Research and Technological Development.

(1) OJ L 208, 5.8.2002.

(2) Directive 2001/106/EC of the European Parliament and of the Council of 19 December 2001 amending 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) OJ L 19, 22.1.2002.

(3) OJ L 337, 13.12.2002.