WRITTEN QUESTION E-1589/03

by Jan Dhaene (Verts/ALE)and Carlos Bautista Ojeda (Verts/ALE) to the Commission

(8 May 2003)

Subject: Oil spills at the Gibraltar-Spanish Border

The press and the city councils of La Linea and Algeciras, Spain, have communicated widely about the dumping of oil and hydrocarbon waste just inside Gibraltar national waters, with large oil spills on the nearby Spanish coast as a direct consequence. These events occurred from August until October 2002 and are likely to happen again.

Our questions to the Commission are therefore:

- Has the Commission been informed by the Spanish or regional Government or the Government of Gibraltar about this problem? Does the Commission know of the problems?

- Must Gibraltar, given its peculiar position within the EU, comply with the EU legislation concerning oil waste deposit in harbours, as specified by directive 2000/59/EC(1) of the European Parliament and of the Council of 27 November 2000 on port reception facilities for ship-generated waste and cargo residues?

- Does Gibraltar comply with this EU legislation?

- What steps will the Commission take to solve this problem?

(1) OJ L 332, 28.12.2000, p. 81.

Answer given by Mrs de Palacio on behalf of the Commission

(3 July 2003)

The Commission is aware of maritime oil pollution affecting Member States' coasts, including in southern Spain. As it has stated on many occasions, it deplores these incidents and intends to help, through its action, to provide an effective response to them.

Since its communication of 3 December 2002(1), the Commission has explained the initiatives it has taken to improve maritime safety and step up environmental protection on several occasions, including in the progress reports it has presented to the Community institutions(2).

Among the measures it has proposed, the Commission would draw the Honourable Members' attention to the proposal on the protection of the environment through criminal law(3) and to the proposal for a Directive on ship-source pollution and on the introduction of sanctions, including criminal sanctions, for pollution offences(4). The latter proposal, which was sent to Parliament and the Council on 5 March 2003, concerns illegal discharges and major oil pollution. It encompasses the entire chain of liability. Accordingly, those causing such pollution will no longer be able to evade their liabilities in this matter.

Exercising its power to monitor the enforcement of Community law, the Commission has instituted infringement proceedings against the eight Member States including the United Kingdom which have not yet transposed Directive 2000/59/EC of the European Parliament and of the Council of 27 November 2000 port reception facilities for ship-generated waste and cargo residues. The United Kingdom will of course have to comply with the Community legislation and enforce it properly, including in Gibraltar.

Information communicated by the United Kingdom authorities shows that Directive 2000/59/EC should be transposed by the end of summer 2003.

(1) COM(2002) 681 final.

(2) Report to the European Council on action to deal with the effects of the Prestige disaster (COM(2003) 105 final), and Commission staff paper reporting on the wreck of the oil tanker Prestige, produced for the hearing in the European Parliament's Committee on Regional Policy, Transport and Tourism, 19 March 2003.

(3) OJ C 180 E, 26.6.2001, amended by OJ C 20 E, 28.1.2003.

(4) COM(2003) 92 final.