WRITTEN QUESTION E-1974/02 by Camilo Nogueira Román (Verts/ALE) to the Commission. The Spanish Government's failure to comply with Community legislation in the case of the Radioelectronic officers Collective' in Galicia.
Date: 2002-07-08
Institutions: European Parliament, Provisional data
Subjects: Spain, infringement of EU law, maritime safety, professional association, radio telecommunications, vessel, vocational training

6.2.2003

EN

Official Journal of the European Union

C 28 E/165

(2003/C 28 E/188)

WRITTEN QUESTION E-1974/02

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

(8 July 2002)

Subject: The Spanish Government’s failure to comply with Community legislation in the case of the

‘Radioelectronic officers’ Collective’ in Galicia

The ‘Radioelectronic officers’ Collective’
in Galicia, consisting of 150 technicians responsible for radio
communications on ships of more than 1 600 tonnes, now find themselves hit by long-term
unemployment at an average age of 50. The qualification of radioelectronic officer is obtained after five
years’ study and two years’ practical experience.

The Global Maritime Distress and Safety System (GMDSS) came into operation on 1 February 1999. It
offers shipowners the option of doing without radiotelegraph operators, whose work can be carried out by
general systems operators, who can qualify after a course lasting only 50 hours. The Spanish Government
has authorised ships to dispense with radioelectronic officers since 1992, when the GMDSS was not yet
operational
in Spain. Unlike the Spanish Government the International Maritime Organisation (IMO)
recommends a minimum of 130 hours’ training with a view to obtaining the general systems operator
certificate. According to the ‘Radioelectronic Officers’ Collective’ the handling of electronic communi-
cations by general operators has disastrous results, causing false alarms and jeopardising maritime safety
itself. The legislation infringed is Directive 2001/25/EC (1) of the European Parliament and of the Council
on the minimum level of training of seafarers, in particular Article 11. The Spanish Government has so far
not introduced any national measures for Spain’s implementation of this directive.

Shipowners (cid:1) for mere financial reasons (cid:1) employ general operators, whose training is of a lower level
and shorter duration, and the Spanish Government did not introduce the obligation to find other
employment for the Galician workers, whose livelihood is seriously jeopardised because they cannot adjust
to the new legislative situation. Is the Commission aware that the Spanish Government is failing to comply
with Directive 2001/25/EC on the minimum level of training of seafarers, because of its infringement of
the provisions of Annex I, Chapter VII (Alternative Certification), Regulation VII/1, points 3.1, 3.1.1. and
3.1.2?

According to these provisions, the issue of alternative certificates may not be used, in itself, to reduce the
number of crew on board Community ships or to lower the integrity of the profession of seafarers. This is
precisely what is happening to the radioelectronic officers in Galicia. Does the Commission intend to start
an investigation into the failure to comply with the Community legislation in question?

(1) OJ L 136, 18.5.2001, p. 17.

Answer given by Mrs de Palacio on behalf of the Commission

(16 September 2002)

The Commission is not familiar with the Spanish provisions referred to by the Honourable Member which
have allowed general systems operators to be employed since 1992, when the Global Maritime Distress
and Safety System (GMDSS) was not yet in force in Spain.

Contrary to what the Honourable Member suggests, Spain has adopted national measures transposing
Directive 2001/25/EC of the European Parliament and of the Council of 4 April 2001 on the minimum
level of training of seafarers and communicated them to the Commission. They are the Order of 16 March
1998 and Royal Decree 2062/1999 of 30 December 1999.

The Commission attaches particular importance to the issue of maritime training, which is very closely
linked to the safety of shipping and protection of the marine environment, and thus makes every effort to
ensure that maritime training standards are applied effectively.