WRITTEN QUESTION P-1803/00

by Neil MacCormick (Verts/ALE) to the Commission

(31 May 2000)

Subject: Ferry services in remote areas

I am grateful to the Commission for its helpful and courteous answer to my Written Question E-0999/00 about island ferry services. Further to that, I now pose the following questions:

1. Is the Commission aware of the geographical configuration of the west coast of Scotland, where long sea lochs (fjords) create isolated peninsulas to which vehicular access is only possible over long and twisting roads and mountain passes?

2. Does it agree that it is environmentally undesirable to force goods and passenger traffic to use such roads where much shorter sea crossings by ferry might be provided?

3. Does it agree that there are also serious safety, health, and public welfare grounds for the provision of affordable ferry services, both passenger and vehicular, on such sea crossings?

4. Does it therefore agree that it would be proper and reasonable to treat peninsulas such as Kintyre, Cowal and Roseneath as equivalent to islands for the purposes of applying Article 4(1) of Council Regulation (EEC) No 3577/92 on Maritime Transport?

5. Does it agree that it would be lawful for the Scottish Executive, the responsible authority in the UK, to invite tenders for public service contracts in respect of ferry services to these and other similar peninsulas?

Answer given by Mrs de Palacio on behalf of the Commission

(4 July 2000)

The Commission is fully aware of the geographical configuration of the West coast of Scotland.

As explained in its communication on the development of short sea shipping in Europe(1) the Commission also takes the view that maritime transport should be developped as it constitutes an environmentally friendly and safe alternative to road transport. However, short sea shipping cannot be developed in breach of Community law.

As far as maritime services within Member States are concerned, the relevant text is Council Regulation (EEC) No 3577/92 of 7 December 1992 applying the principle of freedom to provide services to maritime transport within Member States (maritime cabotage)(2). Member States adopted this Regulation because they shared the view that the abolition of restrictions on the provision of maritime transport services within Member States was necessary for the establishment of the internal market.

The imposition of public service obligations restricts the freedom to provide services. Therefore, it was decided that Member States could only impose public service obligations in order to ensure the adequacy of regular transport services to, from and between islands and not between ports located on the mainland (see Article 4 paragraph 1 of the Regulation). This provision has to be interpreted strictly as it is an exception to the general principle of freedom to provide services. For this reason, the Commission will only accept that when Member States have demonstrated that there is a real need for public service obligations, they may impose public service obligations on a maritime route to, from and between islands where there is no land alternative.

(1) COM(1999) 317 final.

(2) OJ L 364, 12.12.1992.