WRITTEN QUESTION P-3091/00

by Karla Peijs (PPE-DE) to the Commission

(25 September 2000)

Subject: The voluntary agreement proposed by the Commission on the safety of oil tankers operating in the EU

The Commission has recently presented a package introducing EU legislative measures for improving maritime safety. In its Communication on the safety of seaborne oil trade, the Commission proposed a voluntary agreement with industry. In this context, the Commission proposes a thorough discussion between organisations representing the main operators, which effectively cuts across the current legislative process.

Why has the European Parliament not been officially informed of, or involved in, the Commission's ongoing efforts to reach a voluntary agreement with industry on maritime safety following the Erika oil spill?

What guarantees can the Commission give that any such efforts take into account the views of the European Parliament and other sectors of civil society?

Can there by a consistency between any such voluntary agreement reached in advance of the conclusion of the legislative process underway in the same area?

Answer given by Mrs de Palacio on behalf of the Commission

(19 October 2000)

The Commission indicated its intention to facilitate a voluntary agreement between those involved in the transport of oil at sea in its communication on the safety of the seaborne oil trade of 21 March 2000(1). In part 5.C of the communication the possible terms of such an agreement were outlined. The communication was addressed to the Parliament and the Council. The Parliament has thus been officially informed of the intentions of the Commission. The Commissioner responsible for transport has also discussed this issue in her many appearances before the Parliament's committee on regional policy, transport and tourism.

Since the adoption of the communication, discussions have taken place with representatives of tanker owners, classification societies, oil companies and oil trading firms in order to explore their willingness to commit themselves to certain voluntary undertakings and thus encourage them to take immediate action to improve maritime safety. These discussions aim at a voluntary agreement between the industry representatives. Neither the Commission nor any other Community institution would be a party to such an agreement.

This work does not undermine the legislative process underway nor does it affect the co-legislative powers of the Parliament. As indicated in the communication mentioned above, the content of such a voluntary measure primarily relates to areas which are outside the regulatory framework, such as chartering practices, effectiveness of private inspection schemes, exchange of information and other co-operation between the parties. In addition, a voluntary commitment of the character outlined above is by its nature a non-legal instrument. Consequently, it will be superseded by any legal requirement, should there be an overlap between its provisions and those of Community secondary legislation.

As regards the current state of affairs, discussions are still in an exploratory stage. The organisations of tanker owners, classification societies and oil trading firms have accepted the Commission's invitation to discuss the terms of such a commitment. No conclusion has yet been reached. Unfortunately, the oil companies declined the invitation to participate in the discussions, but the Commission hopes that they will reconsider their position and join the discussions shortly.

(1) COM(2000) 142 final.