WRITTEN QUESTION E-3435/98

by María Estevan Bolea (PPE) to the Commission

(24 November 1998)

Subject: Illegal cleaning out of oil tanks

On 3 October 1998 a number of oil slicks responsible for polluting more than 60 km of the Portuguese coastline were discovered. It is supposed that these slicks appeared after unidentified oil tankers had illegally cleaned out their tanks at sea.

What monitoring and control systems do the Member States have in order to prevent such unfortunate incidents from occurring?

Is it common practice for oil tankers to clean out their tanks at the sea off Community coastlines?

What types of penalties are imposed on those tankers which do so?

Does the Commission have evidence of incidents in the Community similar to that described above? If so, will it provide detailed information on them?

Answer given by Mr Kinnock on behalf of the Commission

(28 January 1999)

Monitoring and control of marine pollution is carried out by individual Member States within their coastal waters. No Member State has the capability to maintain full 24 hour monitoring which requires commitment of specialised aircraft. It is particularly difficult to monitor vessels which could cause pollution at night and in adverse weather. It is not yet possible to trace a polluting ship from analysis of the polluting material, but work is well advanced in "fingerprinting" oil cargoes and tracing of polluting ships may consequently be improved in the future.

Discharging tanker washings and residues at sea is strictly controlled under the International convention for prevention of pollution from ships (Marpol), adopted by the International maritime organisation (IMO), so as to limit such discharges to an absolute minimum. Whilst cleaning of tanks is carried out on some tankers as a matter of operational necessity, such discharges are to a very large extent prohibited in coastal waters and internationally agreed special areas including North-West European waters, the Baltic and the Mediterranean, but currently not the seas off Portugal. Discharge of tank washings and residues in special areas must therefore be carried out in port using appropriate reception facilities which all parties to Marpol (which include all European Union Member States) are obliged to provide.

The Commission has recently adopted a proposal on port reception facilities for ship-generated waste and cargo residues(1) that will reinforce the Marpol requirements and require that all ports provide such facilities and that ships use them. It is expected that this will greatly reduce or eliminate illegal pollution by oil. In addition, Council Regulation (EC) 2978/94 of 21 November 1994 (on the implementation of IMO Resolution A.747(18) on the application of tonnage measurement of ballast spaces in segregated ballast oil tankers(2)) provides for favourable charging scales of port fees for tankers with segregated ballast tanks in Community ports. Tank cleaning is greatly minimised and, in some cases, eliminated on tankers with this type of construction.

Sanctions against vessels contravening Marpol requirements are applied by individual Member States according to their own legislation, as required by the Convention. The sanctions imposed vary, but they can include heavy fines.

National authorities responsible for monitoring and cleaning up this type of oil pollution maintain records of such incidents. The national administration is required to notify the IMO of the incident and of action taken. There is currently no requirement for them to be reported to the Commission.

(1) OJ C 271, 31.8.1998.

(2) OJ L 319, 12.12.1994.