WRITTEN QUESTION E-2277/01

by Erik Meijer (GUE/NGL) to the Commission

(31 July 2001)

Subject: Continuing treatment of ship cargoes with toxic gases and measures to reduce the risks involved

1. Can the Commission confirm that, even since the conclusion of European agreements on the reduction of dangerous and harmful gases to conserve ship cargoes, biocides such as methyl bromide and phosphine are still being used?

2. Can the Commission also confirm that the use of such biocides is now superfluous owing to the development of a process based on controlled atmosphere, which reduces oxygen pressure and increases CO2 pressure and CO2 temperature?

3. To what extent do the International Maritime Organisation (IM0) Recommendations on the safe use of pesticides in ships, which refer to a fumigator-in-charge but not to proven expertise, satisfy the safety standards that the Commission considers necessary?

4. Can ship-owners and firms which conclude contracts for the transportation of goods, as well as firms that treat cargoes with toxic substances, be held liable for the consequences of import fumigation?

5. What can the Commission do to prevent further import fumigation taking place within the Member States of the EU?

6. What can the Commission do to prevent ships from outside the Member States of the EU which have undergone import fumigation berthing at ports in the European Union and thus endangering persons involved in unloading and processing the cargoes?

7. What other possibilities does the Commission consider necessary and desirable to promote greater safety?

Answer given by Mrs de Palacio on behalf of the Commission

(23 November 2001)

As regards the use of pesticides and biocides on board vessels, Member States implement the relevant provisions of the International Maritime Organisation (IMO), in the absence of specific provisions in the Community maritime safety legislation in force. As regards the possible risks during unloading operations, it is worth noting that the Commission has adopted a proposal for a Directive of the Parliament and the Council establishing harmonised requirements and procedures for the safe loading and unloading of bulk carriers(1), which will ensure more uniform and safe conditions for loading and unloading operations in ports of Member States. The Directive will in particular enable Member States to prevent or halt the loading or unloading of solid bulk cargoes whenever they have clear indications that the safety of the ship or crew would be endangered.

Moreover, there is an important body of Community legislation in the field of health and safety at the work place. Particularly relevant to this aspect is Council Directive 98/24/EC of 7 April 1998 on the protection of the health of workers from the risks related to chemical agents at work (fourteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)(2).

With specific respect to hazardous chemical agents, Article 5.2 of Directive 98/24/EC requires employers to eliminate or reduce to a minimum the risks to the health and safety of workers at work.

As far as phosphine and methylbromide are concerned, it can be stressed that phosphine is one of the chemical agents included in the preparatory work for a proposal for a second list of indicative occupational exposure levels (IOELV's). This list should be adopted, under Directive 98/24/EC, in the first half of 2002. Methylbromide is currently on the priority list for the work of the Scientific Committee of Occupational Exposure Limits values to be evaluated during 2002.

Furthermore, the use of phosphine and methylbromide for these applications within the Community will be evaluated under the 10 year review program established by Directive 98/8/EC of the Parliament and of the Council of 16 February 1998, on the placing of biocidal products on the market(3). Manufacturers who wish to continue to place these substances on the market for the purpose of cargo fumigation, will have to notify this according to Commission Regulation (EC) No 1896/2000 of 7 September 2000 on the first phase of the programme referred to in Article 16(2) of Directive 98/8/EC of the Parliament and of the Council on biocidal products(4) until 28 March 2002 and supply the required data. On the basis of all notifications received for all biocidal substances, a detailed program of evaluation will be determined. The evaluation, which will be carried out by a rapporteur Member State, will address all aspects related to the effects on human health and the environment, including occupational safety. At the moment it is not possible to state with certainty at what moment the evaluation will be finalized.

(1) OJ C 311 E, 31.10.2000.

(2) OJ L 131, 5.5.1998.

(3) OJ L 123, 24.4.1998.

(4) OJ L 228, 8.9.2000.