WRITTEN QUESTION E-2230/02

by Charles Tannock (PPE-DE) to the Commission

(23 July 2002)

Subject: Piracy, terrorism and the identification of ships

Following a study into the vulnerability of transport systems in the wake of the September 11 attacks, the leaders at the G8 summit in Calgary approved a series of measures designed to prevent ships from being infiltrated and to make it easier to identify them. Does the European Union have plans to put forward any legislative proposals in this area?

In recent years, there have been increasing reports of piracy, especially in the South China Sea, but also in Eastern Europe, the Middle East, Central America and the Mediterranean. These acts of piracy frequently involve criminal gangs and loss of life amongst ships' crews whose families are rarely able to obtain justice or even to discover the fate of their relatives. Some of the pirates steal ships to order in particular areas of the world. Their activities are made easier by the ease with which fraudulent certificates are obtained. Some government officials in the South-East Asia region are believed to turn a blind eye to these practices, although the Indian Government has tried hard to stamp out the practice, with the Indian Navy achieving some notable successes in the Bay of Bengal.

At its 74th session in June 2001, the Maritime Safety Committee of the International Maritime Organisation (IMO) received the results of a research study on fraudulent practices associated with certificates of competency and endorsements which was funded by the Governments of Cyprus, the United Kingdom, Norway, the European Union and the International Confederation of Free Trade Unions (ICFTU). Of the maritime administrations which responded to a questionnaire designed to cast light on the issue of unlawful practices associated with certificates of competency and equivalent endorsements, 39 % had reported a total of 12,635 detected cases of forgery, and, in particular, those issued under Chapters V and VI of the Revised International Convention on Standards of

Training, Certification and Watchkeeping for Seafarers (1995). Fraudulent practices involving the certification process were also detected. These practices were attributed to administrative inability or unwillingness to effectively apply existing regulations.

Does the European Commission feel that it has a responsibility to help stamp out these practices, and what initiatives has it taken in the light of the report's findings?

Answer given by Mrs de Palacio on behalf of the Commission

(8 October 2002)

In the recent meeting in Kananaskis (26 and 27 June 2002, Canada), the leaders of the Group of eight most industrialised countries and the Union expressed their support for the work which is currently being done at IMO (International Maritime Organisation) level and in particular the amendments to the SOLAS (Safety Of Life At Sea) Convention for ship and port facility security. As soon as these amendments are finalised by the IMO, the Commission has the intention of proposing the inclusion of the IMO rules into the body of Community legislation. Moreover, the Commission will publish a communication on the development of rules in the field of maritime security before the end of 2002.

The Commission supports and stimulates the work of the ILO (International Labour Organisation) on better identification of seafarers. Again, as for the IMO, when agreement will be reached at the international level, it shall propose a Community wide enforcement legislation.

The Commission also supports the objective of ensuring security for seagoing containers. In that respect it is actually involved in the technical work that is being carried out by the WCO (World Customs Organisation). Once more, the implementation of internationally agreed rules shall be enforced at Community level.

Linked to general concerns on security, piracy poses similar challenges. The Commission is convinced that the measures at present designed at IMO level on maritime security will contribute equally to fighting piracy attacks.

As regards the issue of fraudulent practices associated with certificates of competency and endorsements, the Commission is deeply concerned about the alarming results of the research study commissioned by the IMO, which it co-financed. It supports all efforts, and notably the Port State Control Authority on the framework of the Paris Memorandum of understanding, to reduce unlawful practices, due to the obvious safety concerns that arise as a result of misconduct.

The Commission continues to monitor that Directive 2001/25/EC of the Parliament and of the Council of 4 April 2001 on the minimum level of training of seafarers(1), transposing into Community law the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers of 1995, is thoroughly transposed into national legislation and enforced satisfactory in the Member States.

(1) OJ L 136, 18.5.2001.