WRITTEN QUESTION E-1039/01 by Camilo Nogueira Román (Verts/ALE) to the Commission. Deaths of Galician seafarers in accidents at sea and European Union policy against marine accidents.
Date: 2001-04-03
Institutions: European Parliament, Provisional data
Subjects: Spain, fisherman, health policy, maritime safety, occupational accident, occupational safety

C 350 E/68

Official Journal of the European Communities

EN

11.12.2001

With regard to question 2.7(a):

(cid:129) Point 36. Can the Commission provide the relevant OLAF report?

(cid:129) Point 42. The reply does not correspond to the question. The question concerned the actions of the
Dutch authorities mentioned in point 42 and not those of the Belgian authorities mentioned in the
same point. Consequently, the Commission is asked once again to reply to question 2.7(a).

Supplementary answer
given by Mr Fischler on behalf of the Commission

(18 June 2001)

The inquiries conducted in conjunction with the European Anti-Fraud Office (OLAF) were carried out in
accordance with Council Regulation (EEC) No 595/91 of 4 March 1991 concerning irregularities and the
recovery of sums wrongly paid in connection with the financing of the common agricultural policy and
the organisation of an information system in this field (1). Under that Regulation, information exchanged
between the Member States and the Commission is confidential and may not be divulged to persons other
than those in the Member States or within the Community institutions whose duties require that they have
access to it, while names of natural or legal persons may be disclosed to another Community institution
only in so far as this is necessary in order to prevent or prosecute an irregularity or to establish whether
an alleged irregularity has taken place. The Honourable Member should also refer to the Commission(cid:146)s
answer to his Written Question E-27/01 (2). That answer stated in particular that OLAF has concluded that
there were no grounds for holding that irregularities had taken place and that the two Member States
concerned have been informed of this.

As far as point 42 of the Court of Auditors(cid:146) Special Report No 1/99 is concerned, the Commission wishes
to inform the Honourable Member that the sum of NLG 5 136,89 to be reimbursed by the Dutch company
was refunded and credited to the European Agricultural Guidance and Guarantee Fund (EAGGF)
in
December 1997. In its answer to question 2.7 referred to by the Honourable Member, the Commission
confined itself to what it regarded as the most important aspect, i.e. the measures taken with regard to
whey. The question to which the Honourable Member returns in his written question represents
3 350 kilograms or approximately 0 002 % of the quantity of skimmed-milk powder incorporated in
compound feedingstuffs in the Netherlands in 1997. In its reply to the Court of Auditors(cid:146) Special Report
No 1/99 the Commission has already stated that the amount was reimbursed. The Honourable Member
must share the Commission(cid:146)s view that, if it is to ensure that controls are effective, it has to concentrate its
efforts on questions that represent a material risk of expenditure, bearing in mind that managing the aid
and any reimbursements is the responsibility of the Member States.

(1) OJ L 67, 14.3.1991.
(2) OJ C 187 E, 3.7.2001, p. 162.

(2001/C 350 E/074)

WRITTEN QUESTION E-1039/01

by Camilo Nogueira RomÆn (Verts/ALE) to the Commission

(3 April 2001)

Subject: Deaths of Galician seafarers in accidents at sea and European Union policy against marine

accidents

The deaths of Galician seamen in accidents at sea provide tragic evidence of the unavoidable need for
urgent action to bring about a drastic reduction in the dreadful accidents affecting Community fleets in
general. Three hundred Galician fishermen have lost their lives in the past decade (cid:129) 80 % of the total
number of such deaths for the whole of Spain (cid:129) and there have already been tragic accidents involving
the Galician fleet in 2001, such as those which occurred off Lisbon in January, in which seven Galician
seamen died, and more recently in Scottish waters, which claimed the lives of a further six seamen.

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Leaving aside the harsh working conditions faced at sea, experience shows that accidents and deaths are
largely due to the lack of safety equipment, which should be covered by legal instruments and required by
both the European Union and the Member States.

What urgent measures will the Commission introduce to prevent the tragic deaths of seamen?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(21 June 2001)

The Commission fully shares the Honourable Member(cid:146)s concern about the occupational accident situation
at sea, particularly with regard to the deaths of the Galician seamen.

It would like to emphasise the fact that since 1989 a substantial amount of Community legislation has
been adopted, covering both measures to promote improvements to the safety and health of workers at
work and the safety of fishing vessels.

Legislation intended to help improve health and safety conditions for workers and reduce work accidents
and occupational diseases consists of the Framework Directive 89/391/EEC of 12 June 1989 on the
introduction of measures to encourage improvements in the safety and health of workers at work (1) and
the following individual directives: Council Directive 93/103/EC of 23 November 1993 concerning the
minimum safety and health requirements for work on board fishing vessels (2); Council Directive 90/269/
EEC of 29 May 1990 on the minimum health and safety requirements for the manual handling of loads
where there is a risk particularly of back injury to workers (3); Council Directive 89/655/EEC of
30 November 1989 concerning the minimum safety and health requirements for the use of work
equipment by workers at work (4) as amended by Council Directive 95/63/EC of 5 December 1995 (5);
Council Directive 89/656/EEC of 30 November 1989 concerning the minimum safety and health
requirements for the use by workers of personal protective equipment at the workplace (4); and Council
Directive 92/29/EEC of 31 March 1992 on the minimum safety and health requirements for improved
medical treatment on board vessels (6).

With regard to the safety of fishing vessels, Council Directive 97/70/EC of 11 December 1997 (7), as
amended by Commission Directive 1999/19/EC of 18 March 1999 (8), sets up a harmonised safety regime
for fishing vessels of 24 metres in length and over. This Directive is based on the Torremolinos Protocol of
1993 (Article 3(4)), but extends its scope, as the Protocol only applies to vessels of 45 metres and over.
The Directive provides for the inspection of fishing vessels by the flag State, for the purpose of issuing
certificates of compliance, in accordance with Article 6 of the Directive. Port State control inspections of
fishing vessels are also provided for in accordance with Article 7 of the Directive, which refers to Article 4
of the Torremolinos Protocol.

This latter provision therefore allows for the inspection of a vessel flying the flag of one Member State
while in the port of another Member State.

The utmost importance attributed by the Commission to maritime safety in general is manifested by the
presentation of six specific proposals in the course of the year 2000 (cid:129) known as ERIKA I and ERIKA II
packages (cid:129) currently under discussion at the Council and Parliament. Once adopted, these measures will
contribute to safer shipping and cleaner seas.

(1) OJ L 183, 29.6.1989.
(2) OJ L 307, 13.12.1993.
(3) OJ L 156, 21.6.1990.
(4) OJ L 393, 30.12.1989.
(5) OJ L 335, 30.12.1995.
(6) OJ L 113, 30.4.1992.
(7) OJ L 34, 9.2.1998.
(8) OJ L 83, 27.3.1999.