EN Official Journal of the European Union CE 78/554

(2004/C 78 E/0590)

WRITTEN QUESTION E-3459/03

by Erik Meijer (GUE/NGL) to the Commission

(21 November 2003)

Subject: Measures to prevent the breaking-up in Europe of old US warships contaminated with chemicals, asbestos and diesel

1. Is the Commission aware that the Netherlands firm ICT is bringing US warships from the Second World War era which are contaminated with large quantities of chemicals, asbestos and heavy diesel oil to Europe with a view to them being broken up by the British firm Able in the North Sea port of Hartlepool?

2. Is the Commission aware, moreover, that in late October the British Environment Agency decided that the breaking-up operation should not go ahead on the grounds that planning permission for the requisite dry dock has not yet been granted?

3. Is there a possibility that these and other US warships will now be broken up in Europe in places or under circumstances which offer less stringent safety guarantees?

4. Why is it that these activities should be carried out in Europe, rather than in America, given that, primarily because of a lack of suitable, environmentally friendly breaking yards, similar European ships are sent to Asia and cause serious pollution there?

5. What steps is the Commission planning to take with a view to ensuring that, as soon as possible, these ships leave European waters and ports and are returned to America for breaking-up there and to preventing any repeat of this episode?

Source: The 6 November 2003 edition of the Netherlands daily newspaper de Volkskrant.

Answer given by Mrs Wallström on behalf of the Commission

(19 January 2004)

The Commission has not received information regarding the Dutch firm ICT in particular. However the Commission is aware that it is the company which carried out the towing of the United States' end of life ships to Europe with a view to them being broken up by the British firm Able in the North Sea port of Hartlepool.

The Commission is aware that on 7 October 2003 Hartlepool Borough Council (the relevant planning authority) published a media statement expressing their view that ‘there is no valid planning permission to allow for the construction of the proposed dam and the reinstatement of the dock gates, to provide a dry dock’. Nor does the license allow for the receipt of the amounts of waste in question either.

The Commission is further aware that the Environmental Agency for England & Wales in late October 2003/early November 2003 informed Able UK Ltd, the United States Maritime Administration and the United States Environmental Protection Agency (EPA) that the receiving facility was not licensed to receive or recover the ships as notified. The consent to the shipment is thus annulled.

Under the 1993 Organisation for Economic Cooperation and Development (OECD) agreement on shipments of waste destined for recovery — which is implemented in Community legislation in the Waste Shipment Regulation (EEC) No 259/93 (1) — all waste destined for recovery can travel almost freely within the OECD area. The only requirement is that a shipment is prior notified to the competent authorities of dispatch, destination and transit and that it is consented to by these authorities. It is therefore the decision of these individual authorities/Member States to assess and consider if they have the necessary facilities and capacity to receive and treat the end of life-ships which were subject to the notification procedure. In any case, the dismantling of ships carried out within the Union must comply with the requirements of Community waste legislation.

The Commission is currently investigating a complaint filed against the United Kingdom authorities in relation to the shipment of four end of life ships from the United States to the United Kingdom questioning whether obligations under the Community Waste Shipment Regulation as well as under several Community waste directives were complied with. The United Kingdom authorities have indicated that the ships should be returned to the United States as soon as the meteorological conditions permit. The United Kingdom authorities will continue to keep the Commission updated about all developments in this respect.

Enforcement of — and inspection of compliance with — Community legislation, including the Waste Shipment Regulation is the responsibility of the Member States. In line with Article 211 of the EC Treaty the Commission ensures that the Community legislation is correctly applied. Moreover, the Commission encourages co-operation between Member States to ensure proper and full implementation of the Regulation.

(1) Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the European Community, OJ L 30, 6.2.1993.