WRITTEN QUESTION E-0868/03

by Joaquim Miranda (GUE/NGL) to the Commission

(20 March 2003)

Subject: Self-handling in Community ports and safety at sea

Accidents in Community waters, particularly those involving the ERIKA and the Prestige, and the massive damage suffered by the environment and workers in different sectors and industries have led the Community Institutions to pay particular attention to the problems of safety at sea.

Improving conditions of access to Community ports, and all operations and services connected therewith, should form part of these objectives and therefore be an integral part of the chain of measures to be adopted with a view to increasing safety and preventing future accidents.

It is well known that many vessels flying flags of convenience and even some of those flying the flag of a Member State sail with crews which are not merely rather small but frequently lack appropriate, specific professional training.

Everything indicates that the directive on access to the market in port services currently under discussion will allow services of a technical nautical nature and those involving the loading and unloading of cargo to be carried out by the crews of the vessels using the ports, who will not be obliged to seek authorisation and therefore, subject to verification of their competence, to operate under conditions of maximum safety both of the workers themselves and the installations in which they will be working.

What measures does the Commission intend to take to ensure that the safety of Community ports, the crews of vessels using them and of dockers are not endangered by shortcomings and/or incompetence when it comes to the provision of services essential to the operation of Community ports?

Answer given by Mrs de Palacio on behalf of the Commission

(15 May 2003)

The accidents involving the ERIKA and the Prestige, as the Honourable Member points out, have highlighted the need to improve the content and especially the effective implementation of all safety measures on board ship and on land.

The Commission would remind the Honourable Member that the port control authorities are responsible for ensuring conformity with the terms of the STCW Convention on standards of training, certification and watchkeeping for seafarers. In this connection, a recent legislative proposal from the Commission(1) is aimed at strengthening Community supervision of port State control and the requirements for certificates of competency enabling non-Community seafarers to work on board Community vessels.

The proposed Directive(2) on port services and the Council common position(3) expressly stipulate that safety and social standards may not be compromised and that national rules on the subject may be applied, provided that they meet Community standards. Moreover, when seafarers arrive in a port on board a vessel and carry out certain tasks in the context of self-handling, in the territory of a Member State rather than on board the vessel, their activities are regulated by the legislation of the Member State in question.

(1) COM(2003) 1 final.

(2) Proposal for a Directive of the European Parliament and of the Council on market access to port services (OJ C 154 E, 29.5.2001), as amended (OJ C 181 E, 30.7.2002).

(3) OJ C 299 E, 3.12.2002.