EN Official Journal of the European Union CE 78/822

(2004/C 78 E/0876)

WRITTEN QUESTION E-3541/03

by Chris Davies (ELDR) to the Commission

(28 November 2003)

Subject: US ‘ghost ships’ moored in the UK

Under its responsibilities for the application of environmental and transport legislation, what is the position of the Commission on the risks posed by the four ships from the US Reserve Fleet, known as the ghost fleet, which are now moored at and in transit to Hartlepool?

What is the Commission's position on the legality of US ghost ships being transported to the UK, particularly in relation to the age and condition of the vessels and the oil, polychlorinated biphenyls (PCBs) and asbestos within their structures?

What is the Commission's position on the legality of US ghost ships being dismantled in the UK, particularly in relation to the disposal of asbestos?

Does the Commission have any powers to ensure that the ghost ships are returned to the US at the earliest opportunity, and if so what steps has the Commission taken?

Answer given by Mrs Wallström on behalf of the Commission

(22 January 2004)

The Commission is currently investigating a complaint filed against the United Kingdom in relation to the shipment of four end-of-life ships from the United States to the United Kingdom for recovery in order to find out whether obligations under the Community Waste Shipment Regulation and other pieces of Community environmental legislation were complied with.

Under the 1993 Organisation for Economic Co-operation and Development (OECD) agreement on shipments of waste destined for recovery — which is implemented into 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 notified in advance 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 notification.

In the framework of the correspondence between the Commission and the United Kingdom authorities, the latter informed the Commission that the notification of shipment which was issued is invalid since the receiving facility does not possess all the necessary permits. They also informed the Commission that the ships would be returned to the United States provided that their state and weather conditions allow for an environmentally safe transportation. Therefore, there is currently no recovery operation envisaged in the United Kingdom (with the exception of the temporary storage of these ships pending their return to the United States) and at this stage, it is obsolete to assess the original notification. Should the United Kingdom authorities take any decision about further handling of the ships, the Commission will investigate whether they are in line with obligations under the Waste Shipment Regulation and other Community environmental directives.

As stated above, the United Kingdom authorities informed the Commission that the ships should be returned to the United States provided that their state and weather conditions allow for an environmentally safe transportation.

In relation to situations where a shipment cannot be completed as planned, the Waste Shipment Regulation stipulates in Article 25(1) that: ‘Where a shipment of waste to which the competent authorities concerned have consented cannot be completed in accordance with the terms of the consignment note or the contract referred to in Articles 3 and 6, the competent authority of dispatch shall, within 90 days after it has been informed thereof, ensure that the notifier returns the waste to its area of jurisdiction or elsewhere within the State of dispatch unless it is satisfied that the waste can be disposed of or recovered in an alternative and environmentally sound manner.’

(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 Community, OJ L 30, 6.2.1993.