WRITTEN QUESTION E-0298/03 by Wilhelm Piecyk (PSE)and Helle Thorning-Schmidt (PSE) to the Commission. State aid and EU employment in maritime transport.
Date: 2003-02-07
Institutions: European Parliament, Provisional data
Subjects: EU employment policy, State aid, crew, job preservation, maritime transport, tax relief, wage cost

C 268 E/88

Official Journal of the European Union

EN

7.11.2003

(2003/C 268 E/089)

WRITTEN QUESTION P-0292/03

by Kathalijne Buitenweg (Verts/ALE) to the Commission

(3 February 2003)

Subject: Tony Blair’s comments on 26 January 2003 on the European Convention on Human Rights

(ECHR) in conjunction with Articles 6 and 7 of the EU Treaty

On 26 January 2003, British Prime Minister Tony Blair suggested via the media that he considers ending
compliance with the commitments under the ECHR (in particular Article 3 thereof) or revoking the ECHR
to be serious options in order to force down the number of asylum seekers in the United Kingdom.

Article 6(1) of the new Union treaty, which is entering into force shortly, states that the Union is built on
the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of
law. Pursuant to Article 6(2), the EU must respect the fundamental rights laid down in the ECHR as general
principles of Community law.

Article 7(1) empowers the Commission to submit to the Council a proposal determining that a breach by a
Member State of the principles under Article 6(1) is imminent.

In the Commission’s judgment, would ending compliance with the commitments under the ECHR or
revocation of the ECHR on the part of a Member State constitute a breach of the principles under
Articles 6(1) and (2)?

In the Commission’s judgment, would ending compliance with the commitments under the ECHR
(in particular Article 3 thereof) or revocation of the ECHR on the part of the United Kingdom give rise to a
Commission proposal to the Council as referred to in Article 7(1)?

Answer given by Mr Vitorino on behalf of the Commission

(3 March 2003)

The Commission has noted the comments made by the UK Prime Minister.

The Commission recognises the relevance of the question put by the Honourable Member in view of the
special role assigned to the European Convention for the Protection of Human Rights by Article 6 of the
Treaty on the European Union and by Court of Justice case-law relating to the protection of fundamental
rights in the Union.

However, before adopting a position on the substance of the question, the Commission would like to
consider the matter further in the light of any subsequent developments.

(2003/C 268 E/090)

WRITTEN QUESTION E-0298/03

by Wilhelm Piecyk (PSE)
and Helle Thorning-Schmidt (PSE) to the Commission

(7 February 2003)

Subject: State aid and EU employment in maritime transport

One of the main objectives of the guidelines for State aid to maritime transport (1) is to support and
safeguard EC employment. This objective was fixed against a background of a number of years with
decreasing employment of EC seafarers as opposed to a substantial increase in the employment of low-
wage third-country seafarers.

Prior to the adoption of the guidelines, the European institutions had on several occasions highlighted the
need to support the employment of EC seafarers, for example, the Commission’s communication ‘Towards
a new maritime strategy’ (2), and the Council resolution of 24 March 1997 ‘on a new strategy to increase
the competitiveness of Community shipping’ (3).

7.11.2003

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Official Journal of the European Union

C 268 E/89

The response to this in the guidelines was therefore to enable the Member States to grant tax exemption to
EC seafarers in order to reduce the competitive gap between EC seafarers and cheaper labour from third
countries.

In April 2001,
the Commission published a Communication on the training and recruitment of
seafarers (4). The Commission mentioned the cheaper labour from third countries as a reason for the
ever-decreasing employment of EC seafarers and announced, ‘The Commission services will continue to
monitor the results of the application of the guidelines and will take those results into account when
drafting the next revision of the guidelines, particularly in respect of measures to encourage employment’
(see page 10 of the Communication).

On the basis of the above, does the Commission agree that State aid supporting the employment of third-
country low-wage labour is contrary to the objective of supporting EC employment? How does the
Commission intend to encourage EC employment in the maritime sector with respect to the on-going
revision of the guidelines?

(1) OJ C 205, 5.7.1997, p. 5.
(2) COM(96) 81.
(3) OJ C 109, 8.4.1997, p. 1.
(4) COM(2001) 188.

Answer given by Mrs de Palacio on behalf of the Commission

(2 May 2003)

The 1997 Community guidelines on State aid to maritime transport indicate that Member States may help
shipowning companies become more competitive by reducing their operating costs, inter alia by granting
reductions or exemptions in respect of fiscal and social security burdens for seafarers.

A further aim of aid to maritime transport is to promote employment and maritime know-how in the
Community, both on board and on shore.

The Commission is currently preparing a communication on the review of the 1997 guidelines which will
confirm the objectives set previously and improve the instruments for achieving them.

(2003/C 268 E/091)

WRITTEN QUESTION E-0314/03

by Proinsias De Rossa (PSE) to the Commission

(10 February 2003)

Subject: Ireland’s reporting record on implementation of environmental legislation

Directive 91/692/EEC (1) commits Member States to producing and forwarding to the Commission regular
reports on the implementation of environmental legislation at national level. Specifying individual pieces of
legislation, for the period since January 1998, could the Commission indicate how many reports should
have been received from Ireland, how many actually have been received, and, if it has been informed,
when it expects to receive any outstanding reports? Could it give an assessment of the impact of the failure
to forward reports required under this Directive?

(1) OJ L 377, 31.12.1991, p. 48.

Answer given by Mrs Wallström on behalf of the Commission

(17 March 2003)

Reporting obligations under Council Directive 91/692/EEC of 23 December 1991 standardising and
rationalising reports on the implementation of certain Directives relating to the environment concern three
main areas of environmental legislation.