WRITTEN QUESTION E-2989/02 by Rosa Miguélez Ramos (PSE) to the Commission. Measures to reduce fisheries accidents.
Date: 2002-10-23
Institutions: European Parliament, Provisional data
Subjects: European standard, fisherman, labour law, occupational accident, occupational safety, professional qualifications, vocational training

C 161 E/58

Official Journal of the European Union

EN

10.7.2003

Can the Commission say why, despite recognising that the reclassification confers an advantage on Real
Madrid, it does not define it as aid?

Can the Commission investigate this matter more thoroughly, since it has information at its disposal which
is not available to the questioners?

(1) OJ C 137 E, 12.6.2003, p. 86.

Answer given by Mr Monti on behalf of the Commission

(29 November 2002)

The case-law of the Court of Justice shows that only advantages granted directly or indirectly through state
resources are to be considered aid within the meaning of Article 87 of the EC Treaty.

The Court states in the aforementioned Preussen Elektra-case that the distinction made in Article 87
between ‘aid granted by a Member State’ and aid granted ‘through state resources’ does not signify that all
advantages granted by a state, whether financed through state resources or not, constitute aid. The
distinction is intended merely to bring within that definition both advantages, which are granted directly
by the State and those, granted by a public or private body designated or established by the State (1).

As stated in the answer to the Honourable Member’s Written Question P-2491/02, in the case of Real
Madrid, the city council of Madrid and the community of Madrid have changed the town-planning
agreement, which appears to confer an advantage but does not appear to involve a transfer of state
resources. The measure therefore does not constitute aid, as has also been explained in the previous
answer.

The mere fact that according to the information available, the measure appears not to involve a transfer of
state resources and therefore not to constitute aid, according to the Court ’s interpretation of article 87, is
for the Commission sufficient ground not to investigate the measure.

Finally, with regard to the information available,
its disposal both public
information on the case as well as the elements submitted by the Honourable Members in these questions.
Consequently, the Commission does not have information at its disposal that is not available to the
Honourable Members.

the Commission has at

(1) Case C-379/98, Preussen Elektra AG v. Schleswag AG, 13 March 2001, ECR I-02099, paragraph 58.

(2003/C 161 E/060)

WRITTEN QUESTION E-2989/02

by Rosa Miguélez Ramos (PSE) to the Commission

(23 October 2002)

Subject: Measures to reduce fisheries accidents

Paragraph 10 of the EP’s resolution of 5 April 2001 on Fisheries: safety and causes of accidents (1) ‘calls for
the introduction of certification and practical tests as appropriate for deck officers, engineers and skippers
on small fishing vessels that currently do not require Certificates of Competency in those Member States
where this is not currently required’.

Paragraph 11 ‘calls for the enactment of European Community and Member State standards to introduce
mandatory basic safety training for all crewmembers on EU fishing vessels and to ensure the revalidation
of safety training at regular intervals in those Member States where this is not currently required’.

Paragraph 15 ‘calls on the Commission to devise strategies to ensure the overall standard of fisheries
training qualifications is enhanced in the interest of vessel and occupational health and safety and to fast-
track the harmonising of qualifications between the fishing industry and merchant marine’.

10.7.2003

EN

Official Journal of the European Union

C 161 E/59

Has the Commission taken any steps in this connection?

Does it not believe that improving training and standardising certification for fishing crews would help cut
the number of fisheries accidents?

(1) OJ C 21 E, 24.1.2002, p. 359.

Answer given by Mrs Diamantopoulou on behalf of the Commission

(4 December 2002)

The Commission agrees with the Honourable Member that improving the training of personnel on board
fishing vessels helps to reduce the number of accidents at work.

With regard to protection of the health and safety of workers at work, the Commission would like to draw
the Honourable Member’s attention to Council Directive 92/29/EEC of 31 March 1992 on the minimum
safety and health requirements for improved medical treatment on board vessels (1) and Council Directive
93/103/EC of 23 November 1993 concerning the minimum safety and health requirements for work on
board fishing vessels (thirteenth individual Directive within the meaning of Article 16(1) of Directive 89/
391/EEC) (2), which sets out minimum requirements for the training of workers and of any person likely to
command a vessel, the captain or designated workers.

In particular, Articles 9 and 10 of Directive 93/103/EC stipulates the areas which must be covered by
training in health and safety on board fishing vessels; this training must be updated as required by changes
in the activities on board. Moreover, Annex III of Directive 93/103/EC sets out minimum requirements for
training in the use of life-saving and survival equipment.

In addition, Article 5 of Directive 92/29/EEC sets out the necessary measures which each Member State
must take to inform and train workers regarding medical treatment on board vessels. In particular, Annex
V of this Directive contains general guidelines to be followed for the medical training of the captain and
designated workers. This training must be updated periodically, at least every five years (cf. Article 5(3)).

(1) OJ L 113, 30.4.1992.
(2) OJ L 307, 13.12.1993.

(2003/C 161 E/061)

WRITTEN QUESTION E-3005/02

by Albert Maat (PPE-DE) to the Commission

(23 October 2002)

Subject: European shipbuilding sector

1. What plans does the Commission have to address the problem of the widely varying policies pursued
by various Member States with regard to aid for the shipbuilding sector?

To what extent do the variations in aid policy distort competition in the European shipbuilding

2.
sector?

Answer given by Mr Monti on behalf of the Commission

(27 November 2002)

1.
The Council Regulation (EC) No 1540/98 of 29 June 1998 establishing new rules on aid to
shipbuilding (1), hereafter ‘Shipbuilding Regulation’, sets out the conditions under which aid to shipbuilding
may be authorised. The rules are designed with a view to minimising the distortion of competition within
the Community. If a Member State wants to provide aid to shipbuilding, it must first notify such aid to the
Commission and receive the Commission’s approval.