WRITTEN QUESTION P-3796/02

by Dirk Sterckx (ELDR) to the Commission

(17 December 2002)

Subject: Places of refuge for vessels in distress

When Directive 2002/59/EC(1) establishing a Community vessel traffic monitoring and information system was being discussed, I advocated a stricter regime for ports and other places of refuge for vessels in distress and called for compensation arrangements for ports accommodating vessels in distress. It might perhaps have been possible to prevent the Prestige disaster if the damaged vessel had been taken to a port or other place of refuge or mooring instead of out to sea.

Directive 2002/59/EC lays down that ports should be able to rely on prompt compensation for any costs and damage involved in such operations. The Commission was to examine whether a system of compensation can be introduced and whether it is feasible to require vessels putting in at a European port to be adequately insured.

Has the Commission now examined the scope for this? Does it not consider that, in the light of the Prestige disaster, the regime for ports of refuge must urgently be tightened up further?

(1) OJ L 208, 5.8.2002, p. 10.

Answer given by Mrs de Palacio on behalf of the Commission

(24 January 2003)

The only obligations laid down by international law to date are for information and cooperation between national authorities to assist vessels in distress. There is as yet no obligation to accommodate such vessels.

As the Honourable Member points out, following the Erika disaster the Commission did propose new rules on places of refuge. 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 (part of the Erika II package)(1) stipulated that all Member States should develop plans to deal with this type of situation and must inform the Commission of them. It stipulates, Such plans shall contain the necessary arrangements and procedures () to ensure that ships in distress may immediately go to a place of refuge subject to authorisation by the competent authority. The Directive, adopted in summer 2002, is to be incorporated into national legislation by February 2004.

The Prestige accident highlights once again the importance of a firm commitment from the Member States to apply the Erika package ahead of time, without waiting for the official deadlines, according to the undertakings they gave at the Nice European Council in December 2002. That is why, in its communication of 3 December 2002(2), the Commission called upon the competent authorities to speed up the preparations of the plans to accommodate vessels in distress in places of refuge.

To further this task, and to promote coordination between Member State measures, a meeting will be held on the subject on 31 January 2003, which will examine the practical aspects of implementing the provisions on places of refuge. The Commission will then monitor the relevant measures, in cooperation with the European Maritime Safety Agency.

The Commission considers that the possibility of co-financing raised by the Honourable Member would best be addressed in the course of the preparatory work on the forthcoming revision of the trans-European networks and, specifically, within the Van Miert Group, which the Commission has created, made up of representatives of the Member States and candidate countries.

(1) OJ L 208, 5.8.2002.

(2) COM(2002) 681 final.