WRITTEN QUESTION E-3659/02 by Rosa Miguélez Ramos (PSE) to the Commission. Black tide in Galicia: financial resources.
Date: 2002-12-18
Institutions: European Parliament, Provisional data
Subjects: EU aid, EU financial instrument, Galicia, financial aid, man-made disaster, oil pollution, pollution control measures

10.7.2003

EN

Official Journal of the European Union

C 161 E/125

(2003/C 161 E/127)

WRITTEN QUESTION E-3658/02

by Rosa Miguélez Ramos (PSE) to the Commission

(18 December 2002)

Subject: Black tide in Galicia: casual dumping

The ‘Prestige’ disaster has once again alarmed European public opinion, which is astounded to see how our
coastlines are periodically hit by black tides. In the wake of each disaster, governments make public
statements promising to tighten up the legislation … until the next disaster happens.

Nevertheless, black tides represent less than 20 % of the oil and derivatives tipped into the sea on a daily
basis. More than 80 % stems from everyday practices such as emptying and cleaning tanks at sea. It is a
the
proven fact
opportunity to clean their tanks.

that, every time such a disaster happens, a number of vessels take advantage of

Some people claim that this is a daily rather than an occasional occurrence, but that it is only noticed
when there is a real black tide because of the high media presence in the area.

Will the Commission submit any formal proposal or take any specific action aimed at preventing such
incidents from recurring, within the framework of both the EU and the International Maritime
Organisation?

Answer given by Mrs de Palacio on behalf of the Commission

(6 February 2003)

The Commission is keenly aware of the problem caused by the illegal practice of emptying and cleaning
tanks at sea, and its impact on the marine environment.
It believes criminal sanctions need to be
introduced for anyone who, deliberately or through serious negligence, causes marine pollution.

Initiatives in this area were put forward in the communication from the Commission to the European
Parliament and to the Council of 3 December 2002 (1). In addition, the Copenhagen European Council of
December 2002 affirmed, in its conclusions, its intention to examine the need for new initiatives, including
on the criminal liability of polluters.

In this context, the Commission has started work on a draft regulation designed inter alia to impose
criminal sanctions on anyone (i.e. not
the
the cargo,
classification society or any other person concerned) who causes pollution through serious negligence.

the shipowner, but also the owner of

just

This proposal will tackle (deliberate) dumping by ships (the emptying and cleaning of tanks at sea) and will
be supplemented by provisions on the collection of evidence and the prosecution of those responsible.

(1) COM(2002) 681 final.

(2003/C 161 E/128)

WRITTEN QUESTION E-3659/02

by Rosa Miguélez Ramos (PSE) to the Commission

(18 December 2002)

Subject: Black tide in Galicia: financial resources

In connection with the disaster caused by the ‘Prestige’ oil tanker accident, with what financial resources is
the Commission intending to tackle the serious socio-economic consequences which this accident will have
in Galicia, a European Objective 1 region with development problems?

What specific requests have been made to the Commission by the Member State affected?

C 161 E/126

Official Journal of the European Union

EN

10.7.2003

Answer given by Mr Barnier on behalf of the Commission

(26 February 2003)

As regards specific measures to finance at Community level operations to tackle the consequences of the
sinking of the ‘Prestige’, the Commission wishes to point out that a number of Community financial
instruments exist for costs not covered by insurance.

First, as regards measures to combat the effects of the oil spill on the territory of Member States’ regions,
the authorities concerned, within the limit of the funds allocated for the entire period 2000-2006 and with
due regard for economic development priorities, could have recourse to European Regional Development
Fund (ERDF) part-financing.

the Operational Programme (OP)
Spain’s Objective 1 Community Support Framework includes
Galicia 2000-2006, the managing authority for which (the Spanish Finance Ministry in conjunction with
the Galician Government) can, with the Monitoring Committee’s approval, adjust
the programme
complement to devote more resources to measures to help combat the impact of the disaster (but cannot
change the amounts assigned to each priority in the OP). Such adjustment can involve changes in the part-
financing rates for measures.

Further, Article 14(2) of Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general
provisions on the Structural Funds (1) permits modification of OPs in the event of significant changes in the
socio-economic situation and the labour market. Such a modification, which would require a Commission
decision, could change the amounts allocated to each priority.

So far the Spanish authorities have informed us only of
their wish to use measure 3.5 (Coastal
Environmental Measures) of the 2000-2006 Galicia OP (ERDF contribution EUR 64 516 472) for certain
clean-up work.

Second, use of the Cohesion Fund could be considered,
if the Spanish authorities so wished and in
accordance with the usual procedures of the Fund, for the work on the wreck, which is in Spain’s exclusive
economic zone.

Third, the Commission received a formal request from the Spanish authorities on 14 January 2003 for
mobilisation of the European Union Solidarity Fund (EUSF) to provide help with the clean-up costs for the
oil slick damage to the Galician coastline caused by the sinking of the Prestige.

The Commission is now examining the request on the basis of the information received in the application
and will respond as quickly as possible in accordance with the requirements of the EUSF Regulation (2).

The Commission however reminds the Honourable Member that the EUSF was set up to provide assistance
principally in the event of natural disasters and that it cannot be used to provide immediate financial
assistance if the fairly specific qualifying criteria outlined in the Regulation are not met. Assistance can
only be given to help make good public damage not covered by insurance. It cannot cover economic
losses (e.g. by fishermen or in the tourism sector).

(1) OJ L 161, 26.6.1999.
(2) Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund,

OJ L 311, 14.11.2002.

(2003/C 161 E/129)

WRITTEN QUESTION E-3663/02

by Marie Isler Béguin (Verts/ALE) to the Commission

(18 December 2002)

Subject: Amendment of WHA Agreement 12-40 between the WHO and the IAEA

On 28 May 1959 the 12th Assembly of the World Health Organisation adopted Resolution WHA 12-40
covering an agreement linking the WHO to the International Atomic Energy Agency. The agreement