Communication from the Commission - Report to the European Council on action to deal with the effects of the Prestige disaster
Date: 2003-03-05
Institutions: European Commission
Subjects: EU financial instrument, France, Spain, coastal pollution, law of the sea, maritime law, maritime safety, pollution control measures, pollution from ships, tanker

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 5.3.2003
COM(2003) 105 final

.

COMMUNICATION FROM THE COMMISSION

Report to the European Council on action to deal with the effects of the Prestige disaster

CONTENTS

1.

2.

Introduction...................................................................................................................4

Prevention: civil protection, maritime safety and international aspects .......................5

2.1.

Civil protection .............................................................................................................5

2.1.1. Mechanisms for cooperation between national authorities ..........................................5

2.1.2.

Scientific expertise........................................................................................................6

2.2.

Maritime Safety ............................................................................................................6

2.2.1.

Early implementation of the measures adopted by the European Parliament
and the Council .............................................................................................................6

2.2.1.1. Early establishment of the European Maritime Safety Agency....................................6

2.2.1.2. Blacklist of substandard vessels. ..................................................................................7

2.2.1.3. Places of refuge.............................................................................................................7

2.2.1.4. Uneven transposition by Member States of the Erika I and II packages......................7

2.2.1.5. State aid in the maritime transport sector .....................................................................8

2.2.1.6. Voluntary agreement with oil companies .....................................................................8

2.2.2. New Commission proposals .........................................................................................9

2.2.2.1. Carriage of heavy fuel-oil and early withdrawal of single-hulled vessels....................9

2.2.2.2. Training and skills of seafarers.....................................................................................9

2.2.2.3. Criminal sanctions ........................................................................................................9

2.2.3.

European initiatives in the international arena ...........................................................10

2.2.3.1. Active support for the European Community's membership of the

International Maritime Organisation (IMO)...............................................................10

2.2.3.2. Requests to apply Community legislation on maritime safety internationally...........10

2.2.3.3. United Nations Convention of the Law of the Sea .....................................................11

2.2.3.4. Improved levels of compensation for victims of pollution.........................................11

2.2.3.5. Civil liability...............................................................................................................11

3.

3.1.

3.2.

3.3.

Harnessing Community funding and technical resources for immediate repair
action and restoration of economic potential..............................................................12

European Regional Development Fund......................................................................12

Cohesion Fund ............................................................................................................13

Interreg III Community initiative (cross-border strand) .............................................13

2

3.4.

3.5.

3.6.

3.7.

3.8.

FIFG/aid to the shellfish industry, aquaculture and fisheries .....................................13

EU Solidarity Fund .....................................................................................................14

Research into new technologies..................................................................................14

Pilot projects and other actions...................................................................................15

Anti-pollution measures and restoration of the environment .....................................15

3.8.1.

Environmental impact assessment ..............................................................................15

3.8.2. Repair and compensation of environmental damage..................................................15

3.8.3.

Pooling anti-pollution resources and exchanging experience.....................................16

4.

Conclusion ..................................................................................................................16

3

1.

INTRODUCTION

A far-reaching cross-border catastrophe

On 13 November  2002,  the Prestige,  a  Bahamas-flagged single-hulled tanker loaded
with 77 000 tonnes of heavy fuel oil, was involved in an accident off the west coast of
Galicia.  Attempted  towing  operations  were  hampered  by  extremely  bad  weather
conditions  and,  on  19 November,  the  vessel  sank  to  some  4 000 metres  below  sea
level. A large quantity of fuel oil was released into the sea when the ship sank,1 with
further oil spillage observed for a considerable time after that. The pollution affected,
and is still affecting, the coastlines of Spain, Portugal and even France. It is calculated
that approximately 40 000 tonnes of fuel oil has leaked out of the tanker.

The scientific committee advising the Spanish government on making the wreck safe
has  also  identified  other  technical  solutions  such  as  pumping  out  the  remaining  oil
from the tanks and burying the wreck in a concrete sarcophagus in order to seal it up
definitively.  Although  the  costs  of  implementing  the  various  solutions  vary,  the
Spanish  authorities  have  calculated  that  expenditure  of  between  approximately
EUR 150 and 200 million was still needed.

Fast reactions and practical responses from the European Community

Thanks to  a  fast  information system - President  Prodi was  able  to  meet  the  Spanish
Prime  Minister,  Mr  Aznar,  as  early  as  24 November  -  there  was  an  immediate
demonstration of European solidarity.  In response to the Spanish authorities' request
for  help,  several  Member  States  made  available  floating  barriers,  various  ships  and
surveillance planes

On  3  December,  the  Commission  adopted  a  communication  on  improving  safety  at
sea in response to the Prestige accident,2 particularly on speeding up the establishment
of the European Maritime Safety Agency, prohibiting the carriage of heavy fuel oil by
single-hulled vessels and the creation of penalties. The communication was forwarded
to  the  European  Parliament  and  the  Council  where  it  met  with  wide  support.  The
Transport Council of 6 December and the Environment Council of 9 November also
confirmed  the  well-founded  nature  of  the  proposed  approach  and  the  particularly
urgent  need  to  implement  these  measures.  Community  action  is  guided  by  EU
solidarity with its Member States and their citizens. It should not, however, supersede
the responsibility of third parties who, under the "polluter-pays" principle, are liable
in  the  first  instance  for  the  damage  caused  by  them,  or  discourage  preventative
measures at both Member State and Community level.

Presentation of a report to the spring European Council in accordance with the
mandate of the Copenhagen European Council

1

2

Approximately 22 000 tonnes (compared with the 20 000 tonnes spilt out of the total of 35 000
tonnes carried by the Erika).
COM(2002) 681  final  of  3 December  2002  on  improving  safety  at  sea  in  response  to  the
Prestige accident.

4

                                                
At  the  Copenhagen  European  Council  of  12  and  13  December  2002,3  the  Heads  of
State  and  Government  reaffirmed  the  conclusions  adopted  at  the  Nice  European
Council in December 2000 with regard to the early implementation of the Erika I and
Erika  II  legislative  packages.  They  also  called  upon  the  Commission  to  present  a
progress report at their next meeting (paragraph 34 of the Conclusions).

The  text  which  follows  outlines  the  many  actions  already  undertaken  or  planned  at
European  level  and  in  the  Member  States.  In  particular  it  summarises  and  develops
the points made by President Prodi in his letter of 17 January 2003 to the President of
the  European  Council,  Mr  Simitis,  and  forwarded  to  the  other  Heads  of  State  and
Government.  Aspects  of  prevention  are  discussed  and  also  of  repairing,  and
compensating for, damage.

2.

PREVENTION: CIVIL PROTECTION, MARITIME SAFETY AND INTERNATIONAL
ASPECTS

2.1.

Civil protection

2.1.1. Mechanisms for cooperation between national authorities

The  cooperation  mechanisms  specifically  involving  the  Commission's
monitoring  and  information  centre,4  deployed  in  recent  months,  made  it
possible  to  respond  immediately  to  the  Spanish  authorities'  requests  for
assistance  with  specialised  resources.  The  Commission  thus  facilitated  the
assistance  made  available  by  other  Member  States,  including  the  following
resources: 14 specialised vessels sent by eight European countries, more than
20 km of floating barriers and several surveillance planes.

Action  outstanding:  continue  to  use  the  Commission's  response  centre  to
make rescue means available.

Lead bodies: Commission and Member States.

3

4

Presidency  Conclusions:  Copenhagen  European  Council,  Document  No 15917/02  of
29 January 2003.
Council  Decision  of  23 October  2001  establishing  a  Community  mechanism  to  facilitate
reinforced cooperation in civil protection assistance interventions (2001/792/CE, Euratom).

5

                                                
2.1.2.

Scientific expertise

The  Joint  Research  Centre  provided  technical  and  scientific  expertise  to
analyse the effects of the disaster based on the first satellite images gathered
by the European Space Agency. It also served as a coordination centre for the
provision of emergency assistance in the event of major accidents within the
Commission's sphere of competence in terms of civil protection.

In addition, the Commission notified Spain of the names of experts available
to join the scientific committee set up by the Spanish Government to decide,
on a scientific basis, the list of actions to be undertaken.

Action  outstanding:  feedback  on  the  use  made  of  the  list  of  experts
available to join the scientific committee.

Lead body: the Member State concerned.

2.2.

Maritime Safety

2.2.1.

Early implementation of the measures adopted by the European Parliament
and the Council

2.2.1.1. Early establishment of the European Maritime Safety Agency

The establishment of the European Maritime Safety Agency, whose role is to
improve  the  efficiency  of  the  application  of  Community  rules  on  maritime
safety has been speeded up, as the Commission has decided to accommodate
it  temporarily  on  Commission  premises  while  waiting  for  the  siting  of  the
Agency's own headquarters to be decided by the Council.

the  Administrative  Board 

On  4 December  2002, 
took  a  series  of
administrative  and  technical  decisions  to  make  the  Agency  operational  as
soon as possible. On 29 January 2003, the Executive Director of the Agency
was appointed. He is currently recruiting staff for the Agency and setting up
its administrative structure.

There are plans to further define and expand the jurisdiction of the Agency to
enable it to purchase or lease vessels equipped with advanced technology or
other anti-pollution equipment to serve the European Union. The added value
of such an initiative would be to augment the present capacity for action. All
decisions  will  be  taken  on  the  basis  of  maximum  efficiency  and  optimal
budgetary impact.  Funding  has  already  been  set  aside  in  the  Annual  Policy
Strategy for 2004 adopted by the Commission on 5 March 2003.5 Activities
will  be  developed  in  coordination  with  the  Commission's  civil  protection
mechanism.

5

COM(2003)83  of  5 March  2003,  Communication  from  the  Commission  to  the  European
Parliament and the Council: Annual Policy Strategy for 2004.

6

                                                
Action  outstanding:  determine  the  site  of  the  Agency's  headquarters  and
support its activities.

Lead body: Council.

Further define and expand the jurisdiction of the Agency.

Lead body: Commission (to present a proposal).

2.2.1.2. Blacklist of substandard vessels.

The Commission began to compile an initial blacklist of substandard vessels
in  December  2002.  It  is  an  indicative  list  of  vessels  which  would  be
prohibited if the provisions of the Erika I package were in force.

2.2.1.3. Places of refuge

On  31 January  2003,  the  Commission  held  an  initial  meeting  with  the
Member States in order to make preparations for identifying places of refuge
to accommodate ships in distress in the waters under their jurisdiction as laid
down  in  the  Directive  establishing  a  Community  vessel  traffic  monitoring
and  information  system.  The  meeting  analysed  the  possible  content  of  the
national plans and places of refuge for ships in distress.

Action  outstanding:  provision  of  relevant  documentation  needed  to  adopt
national plans for accommodating vessels and the designation of places of
refuge by 1 July 2003.

Lead bodies: Member States.

2.2.1.4. Uneven transposition by Member States of the Erika I and II packages.

The Prestige  accident confirms the  validity  of  the  measures  included  in  the
two  sets  of  legislative  proposals,  Erika  I  (March  2000)  and  Erika  II
(December 2000). If the measures adopted by the European Union had been
in force  at  the  time,  the  Prestige would  have been  taken  out  of  service  two
months before the disaster.

In  line  with  the  legislative  proposals,  the  Member  States  must  incorporate
into  their  national  legislation  the  Directives  on  port  State  control  and  on
classification  societies  by  22 July  2003  and  the  Directive  establishing  a
Community vessel traffic monitoring and information system by 5 February
2004.  The  Regulation  on  the  withdrawal  of  single-hulled  oil  tankers  is
applicable as of 1 January 2003.

The  information  received  by  the  Commission  shows  that  the  process  is  far
from  completed  in  the  majority  of  Member  States.  At  the  Nice  and
Copenhagen  European  Councils,  the  Member  States  had  undertaken  to
introduce  the  measures  early,  but  so  far  only  three  Member  States  -
Denmark, Germany and Spain - have notified the Commission of the national
measures transposing the legislation.

7

Action  outstanding:  to  incorporate  the  directives  into  the  national
legislation of all the Member States.

Lead bodies: Member States.

2.2.1.5. State aid in the maritime transport sector

State aid to maritime transport may be authorised under certain conditions,6
in  particular,  to  improve  on-board  safety  and  to  equip  ships  to  standards
which  exceed  the  mandatory  safety  and  environmental  standards.7  Aid  to
shipbuilding is more limited as it is not normally compatible with the Treaty.

Provided  that  it  reflects  the  economic  loss  suffered  by  the  owner,  aid  to
scrapping  may  also  be  authorised.  There  is  a  precedent  for  this:  Italy
successfully  developed  a  system  for  the  voluntary  withdrawal  of  single-
hulled vessels, particularly the oldest,  which  was  approved in 2002. This is
an avenue which might be explored by interested Member States.

At  any  event,  the  Commission  must  examine  requests  on  a  case  by  case
basis,  subject  to  the  notification  of  State  aid  by  Member  States,  and  in
particular must carefully examine the effects on competition.

Action outstanding: examination of any applications presented by Member
States.

Lead body: Commission.

2.2.1.6. Voluntary agreement with oil companies

The Transport Council of 6 December asked the Member States to conclude
agreements with their respective industries in order to guarantee high-quality
transport and ban old single-hulled oil tankers from carrying heavy fuel oil.
The  Council  also  asked  the  Commission  to  draw  up  a  model  agreement.
Since  December  2002  the  Commission  has  therefore  been  conducting
discussions with European oil companies in order to define a Code of Good
Practice.

Such  an  agreement  would  make  it  possible  to  speed  up  the  application  of
measures  banning  the  carriage  of  heavy  fuel  oil  on  board  single-hulled  oil
tankers without waiting for the legislative process to run its course. It would,
above all, ensure that vessels in transit through the exclusive economic area,
i.e.  those  not  chartered  by  European  oil  companies,  are  covered,  since
international agreements permit Community legislation to cover only vessels
calling into European Union ports.

6

7

Community  guidelines  on  State  aid  to  maritime  transport  (Official  Journal  C 205,  5.7.1997)
and the Communication COM(1993) 66 of 24 February 1993.
Community  guidelines  on  State  aid  for  environmental  protection  (Official  Journal  C 37,
3.2.2001).

8

                                                
For the time being, however, European industry has been highly reluctant to
commit itself to a voluntary agreement, and has expressed its preference for
the  regulatory  approach  ensuring  equal  treatment  with  competing  oil
companies in third countries.

2.2.2. New Commission proposals

2.2.2.1. Carriage of heavy fuel-oil and early withdrawal of single-hulled vessels

On  20 December  2002,  the  Commission  forwarded  a  proposal  for  a
Regulation to the European Parliament and the Council, proposing:

–  prohibiting  the  entry  of  single-hulled  oil  tankers  carrying  heavy  oil
products, regardless of flag State, into European Union ports, terminals
and anchorages;

–  bringing  forward  the  deadlines  for  the  removal  of  single-hulled  oil

tankers.

Action outstanding: complete the ban on the carriage of heavy fuel-oil on
board single-hulled vessels and the early withdrawal of such tankers.

Lead  bodies:  European  Parliament  and  Council  (final  agreement  at  the
end of the Greek Presidency).

2.2.2.2. Training and skills of seafarers

On 13 January 2003, the Commission forwarded to the European Parliament
and  the  Council  a  proposal  for  a  Directive  on  the  recognition  of  seafarers'
certificates of competency in order to guarantee a minimum level of training.
A political agreement should be  reached  at  the Transport Council  in March
2003.

The proposal makes provision for a Community-wide recognition system for
certificates of competency to ensure that non-Community seafarers working
on board Community ships are trained and certified to appropriate standards.

Outstanding action: adoption of the proposed Directive on the recognition
of seafarers' certificates of competency.

Lead bodies: European Parliament and Council.

2.2.2.3. Criminal sanctions

In response to the request of the Copenhagen European Council, and without
excluding  the  possibility  of  undertaking  other  legislative  initiatives,  the
Commission  is  about  to  adopt  a  Directive  to  be  proposed  to  the  European
Parliament  and  the  Council  on  pollution  by  ships  and  the  introduction  of
illegal
sanctions, 
discharges of waste and major oil pollution.

including  criminal  sanctions.  The  proposal  covers 

9

The proposal covers the entire chain of responsibility (shipowner, charterer,
classification  society,  etc.)  and  will  make  good  the  shortcomings  of
Community  law  regarding  deliberate  or  accidental  pollution  by  ships.  The
parties  responsible  for  such  pollution  will  no  longer  be  able  to  shirk  their
responsibilities.

Action  outstanding:  to  reach  an  agreement  following  the  Commission's
adoption of  the  proposal for a Directive  establishing  a system  of criminal
sanctions for the parties responsible for marine pollution.

Lead  bodies:  European  Parliament  and  Council  (final  agreement  at  the
end of the Greek Presidency).

2.2.3.

European initiatives in the international arena

Only  34%  of  the  world  fleet  is  controlled  by  European  shipowners.  The
majority  are  registered  under  the  flags  of,  and  are  therefore  under  the
jurisdiction  of,  third  countries.  In  his  letter  to  Mr  Simitis,  President  Prodi
stressed how important it was for the European Union to be able to effect a
major change in its policy regarding the countries politically responsible for
the  economic  and  ecological  aftermath  of  oil  spills,  particularly  those
countries  which,  by  offering  flags  of  convenience  or  by  slack  controls,
permit  dangerous  and  unsuitable  ships  to  operate  with  impunity  in
international waters. In particular, he suggested that the Commission propose
to the Council that these countries be approached directly since the majority
maintain close links with the European Union.

2.2.3.1. Active  support  for 

the  European  Community's  membership  of 

the

International Maritime Organisation (IMO)

On  9 April  2002,  the  Commission  sent  a  recommendation  to  the  Council
advocating the European Community's joining the IMO in order to enable it
to have its say in preparing and adopting more stringent international rules on
maritime  safety.  As  the  Copenhagen  European  Council  pointed  out,  the
European Union must "play a leading  role in international efforts in pursuit
of this objective, in particular within the IMO".

Action outstanding: rapid referral of the proposal.

Lead body: Council.

2.2.3.2. Requests to apply Community legislation on maritime safety internationally

The  Commission  has  asked  neighbouring  countries,  particularly  Russia  and
Europe's  Mediterranean  partners,  under  the  agreements  they  have  with  the
European  Union,  to  adopt  measures  banning  the  carriage  of  heavy  fuel-oil
and  speeding  up  the  withdrawal  of  single-hulled  oil  tankers  equivalent  to
those of the European Union.

10

Outstanding action: to continue negotiations with third countries and also
with Russia regarding the conditions for the operation of oil tankers in sea
ice zones.

Lead bodies: Commission and Member States.

2.2.3.3. United Nations Convention of the Law of the Sea

The European Union must take the initiative in proposing the revision of the
United Nations Convention of the Law of the Sea to afford better protection
for  coastal  states,  including  within  the  200-mile  exclusive  economic  area,
against risks associated with the passage of ships constituting a danger to the
environment and which do not comply with safety standards.

Outstanding action: to obtain a negotiating mandate from the Council with
a view to revising the Convention.

Lead body: Commission.

In  the  meantime,  coordinated  European  Union  action  will  be  needed  to
support the requests made, in particular by France, for referral to the IMO
advocating the identification and protection of areas at particular risk due
to their resources and the specific nature of the transit traffic.

Lead bodies: Member States.

2.2.3.4. Improved levels of compensation for victims of pollution

A  diplomatic  conference  will  be  held  at  the  International  Maritime
Organisation  (IMO)  from  12  to  16 May  2003  to  create  a  third  level  of
compensation for victims of oil spills.

The Commission, jointly with France and Spain, has forwarded a document
to the IMO to change the limit above which the shipowner loses the right to
limit liability from EUR 185 million to EUR 1 billion.

Action outstanding: obtain the support of all Member States on this issue
within the IMO.

Lead bodies: Member States.

Failing this, immediate adoption of the proposed Regulation establishing a
special  European  fund  endowed  with  EUR  1  billion,  in  accordance  with
the undertaking made by the Council on 6 December 2002, and creation of
the fund by the end of 2003.

Lead body: Council.

2.2.3.5. Civil liability

The Commission has proposed amending the international compensation and
liability mechanism under the  International Convention on civil liability for

11

oil pollution damage in order to be able to  make the parties responsible for
pollution financial liable.

The meeting of 3 and 7 February 2003 issued a favourable opinion regarding
the need to review the civil liability system without, however, indicating the
necessary improvements or the timetable for this action.

Action outstanding: obtain the support of all Member States on this issue
within the IMO.

Lead bodies: Member States.

Failing that, the European  Commission  will  propose  a  compensation  and
liability mechanism for the enlarged European Union.

3.

HARNESSING  COMMUNITY  FUNDING  AND  TECHNICAL  RESOURCES  FOR
IMMEDIATE REPAIR ACTION AND RESTORATION OF ECONOMIC POTENTIAL

3.1.

European Regional Development Fund

For action to repair the effects of the oil spill on the territory of regions in the
Member  States  affected,  the  authorities  concerned  may  have  recourse  to
cofinancing  from  the  ERDF  up  to  the  limit  of  the  sums  allocated  for  the
period 2000-2006, while respecting the economic development priorities and
excluding costs covered by insurance.

Objective 1: The authorities responsible for the operational programme (OP)
for  Galicia  (2000-2006)  may  use  an  existing  OP  scheme  to  cofinance  the
cleaning of some beaches. Other measures may also be used to deal with the
effects of the disaster, and not just its environmental repercussions, since the
managing  authority  may  adjust  the  remaining  programming  to  devote  more
resources to this type of action up to the  limit of the  amounts allocated per
priority  area  in  the  programme.  The  Commission  is  willing  to  help  Spain
adjust  its  Structural  Fund  programming  as  quickly  as  possible.  A  decision
cannot be taken until the technical solutions to be applied with regard both to
the wreck itself  and  to  the  cleaning  of a  number of  inaccessible  sections  of
coastline, and the respective costs thereof, are identified more precisely.

Objective 2:  To  combat  the  effects  of  the  oil  spill  on  the  coastline,  ERDF
funds  may  be  used  for  cleaning  beaches,  on  condition  that  these  areas  are
eligible under the region's Objective 2 programmes. In the Aquitaine region
this  is  true  of  the  Basque  coastline  except  for  the  beaches  at  Biarritz.  The
majority  of  the  coastline  in  the  Poitou  Charente  region  is  eligible  under
Objective 2. In addition, the Objective 2 programme may be harnessed as of
now to fund schemes to support tourism throughout the region.

12

Action outstanding: possible adjustment of the operational programmes.

bodies:  Member 

Lead 
(applications) - Commission (agreement).

states/competent 

authorities 

concerned

3.2.

Cohesion Fund

Aid from the Cohesion Fund may be forthcoming if the Spanish authorities
wish to apply for it, subject to the usual procedures, for the necessary work
on the wreck, which is located in Spain's exclusive economic area. Although
Spain's  environmental priorities  for the period  2000-2006 are  limited to  the
sectors of waste,  rehabilitation  and  procurement,  many  coastal  regeneration
projects  have  been  cofinanced  in  this  country  in  the  past.  The  Commission
may, therefore, after consideration, agree to amend the programme and adopt
the necessary projects, if so requested by the Spanish authorities. The amount
allocated to Spain under the fund for the period 2000-2006 which has not yet
been committed comes to approximately EUR 6 200 million.

Action  outstanding:  possible  adjustment  of  the  programme  by  the
Commission in response to a request from the Member State concerned.

Lead  bodies:  Member  State  concerned  (application)  -  Commission
(agreement).

3.3.

Interreg III Community initiative (cross-border strand)

The  Commission  has  informed  the  Member  States  on  the  Atlantic  coast
concerned  that  prevention,  control  and  restoration  projects,  such  as  sealing
up or pumping out the wreck of the Prestige, may be eligible under the cross-
border  strand  of  Interreg  (funded  by  the  ERDF)  since  such  operations  are
clearly  of  a  cross-border  nature.  The  relevant  programmes  which  already
provide  for  the  funding  of  such  operations  up  to  EUR 23 million  may  be
revised if necessary.

Action  outstanding:  possibility  of  using  existing  measures  up 
EUR 23 million.

to

Lead bodies: Member States concerned.

Further to that, possible adjustment of the programmes.

Lead  bodies:  Member  States  concerned  (application)  -  Commission
(agreement).

3.4.

FIFG/aid to the shellfish industry, aquaculture and fisheries

On 20 December 2002, the Council adopted a Regulation instituting specific
measures  to  compensate  the  Spanish  fisheries,  shellfish  industry  and
aquaculture,  affected  by  the  oil  spills  from  the  Prestige  In  particular,  it
permits  the  shellfish  and  aquaculture  sectors  to  benefit  from  aid  for
temporary  cessation  of  activities  previously  granted  only  to  fisheries.
Damaged  fishing  and  aquaculture  equipment  may  also  be  repaired  or

13

reconstructed thanks to reallocation of  the  financial  instrument  for  fisheries
guidance (FIFG).

The Community has also authorised Spain to top up the funding with part of
the  amount  (EUR 30 million)  available  in  the  absence  of  a  fisheries
agreement with Morocco.

Action outstanding: if the extent of damage is confirmed, the Commission
is willing to submit a proposal to the Council similar to that presented for
Galicia for the French regions affected with a view to extending the scope
of the provisions which exist under the present FIFG allocations.

Lead body: the Member State concerned.

3.5.

EU Solidarity Fund

The  EU  Solidarity  Fund  was  created  in  2002  to  offer  fast  assistance  to
populations  and  regions  affected  by  natural  disasters.  It  remains  to  be
ascertained whether the Prestige disaster is eligible for aid under this fund.8

Aid of the volume required would necessitate amending the legal basis of the
fund.  The  Commission  is  willing  to  propose  such  an  amendment  to  the
Council.  The  amendment  would  adjust  the  mechanism  in  line  with  the
Commission's initial proposal submitted in September 2002. It might include
the  following:  adjusting  the  Solidarity  Fund  to  cover  disasters  of  a
technological  or  environmental  nature,  lowering  the  threshold  for  action
(currently  EUR  3  billion  or  0.6%  of  the  GNP  of  the  State  concerned)  and
extending  the  eligible  actions  defined  in  Article 3  of  the  Regulation  to
include preventative action intended to minimise the damaging effects of an
ongoing or imminent disaster.

Action outstanding: determining the acceptability of the request submitted
by the Spanish authorities and proposal  for  amendment  of  the  Structural
Fund  Regulation,  or  failing  that,  proposal  for  the  creation  of  a  specific
instrument.

Lead  bodies:  Member  State  concerned  (additional 
Commission (assessment and proposal).

information)  -

3.6.

Research into new technologies

the  sixth  Framework  Programme 

for  Research,  Technological
In 
Development  and  Demonstration,  environmental  impact  research  is  already
included under the priority "Global Change and Ecosystems".

As  of  2003,  the  work  programme  will  cover  links  between  society,  the
economy,  biodiversity  and  habitats  as  well  as  mitigation  and  restoration

8

Council  Regulation  (EC)  No 2012/2002  of  11 November  2002  establishing  the  European
Union Solidarity Fund.

14

                                                
strategies. For 2004, it will enable the development of models to measure the
impact of environmental pollution on water and marine ecosystems.

Action outstanding: proposal to include in the 2004 work programme new
research activities involving work on shipwrecks containing contaminants
(Priority  "Sustainable  Surface  Transport")  and  to  expand  the  concept  of
vehicle  life  cycle  to  include  work  on  wrecks  in  the  event  of  an  accident
(currently  only  the  maintenance  and  inspection  of  surface  transport
vehicles are covered).

Lead body: Commission.9

3.7.

Pilot projects and other actions

In his letter of 17 January 2003, President Prodi mentioned the possibility of
undertaking other short- and medium-term Community action to support the
efforts  of  the  Member  States  concerned,  such  as  pilot  projects  or  specific
actions. A specific legal basis need not be  adopted  before undertaking pilot
projects. However, they can only be entered in the budget for a maximum of
two  budget  years  and  the  total  amount,  including  all  headings  and  areas  of
assistance, may not exceed EUR 32 million annually.

The  Commission  will  also  promote  initiatives10  to  improve  innovation  and
research  in  the  shipbuilding  and  ship  repair  sector,  as  well  as  higher
environmental and safety standards.

Action  outstanding:  pilot  projects  in  this  area  may  be  proposed  by  a
European institution (Commission, European Parliament, Council).

3.8.

Anti-pollution measures and restoration of the environment

3.8.1.

Environmental impact assessment

Under  the  cooperation  system  set  up  for  this  purpose,  and  endowed  with
rather  limited  budgetary  resources,  the  Commission  plans  to  contribute
EUR 300 000 towards assessing and monitoring the environmental impact of
this oil spill.

Action outstanding: submission of a proposal and request for cofinancing.

Lead body: the Member State concerned.

3.8.2.

Repair and compensation of environmental damage

By  June  2003  the  Commission  will  undertake  an  assessment  to  determine
whether current legislative and policy instruments, in particular those dealing

9

10

The  inclusion  of  the  proposed  areas  is  still  subject  to  the  approval  of  the  programme
committees, and the projects funded must be selected on the basis of evaluations in the context
of calls for proposals.
Such as Leadership 2015, for example.

15

                                                
with  the  environment,  health,  research,  fisheries  and  regional  development,
should be adapted in order to minimise the risk of recurrence and the damage
(immediate  or  long-term)  associated  with  such  accidents.  In  particular,
considering  that  the  international  system  does  not  currently  provide  for
adequate  compensation  for  environmental  damage,  other  measures  may
prove necessary in connection with ecological damage.

On 23 January 2002, the Commission adopted a proposal for a Directive on
compensation for environmental damage if an accident is not covered by an
international convention in force in the Member States concerned.11

Action  outstanding:  to  launch  the  review  of  legislative  and  political
instruments  in  the  context  of  the  strategy  to  protect  and  conserve  the
marine environment.12

Lead body: Commission.

Approval of a proposal for a Directive on compensation for environmental
damage  if  an  accident  is  not  covered  by  an  international  convention  in
force in the Member States concerned.

Lead bodies: European Parliament and Council.

3.8.3.

Pooling anti-pollution resources and exchanging experience

In  line  with  the  conclusions  of  the  Environment  Council  of  9 December
2002, the Commission has worked on establishing a network for exchanging
experience  in  the  field  of  oil  pollution.  The  network  currently  being  set  up
will  make  national  experts  available  to  other  Member  States  in  order  to
improve local skills, compare different anti-pollution techniques used, study
the approaches adopted in the emergency services or other competent bodies.

Action  outstanding:  approval  of  a  Decision  to  ensure  funding  of  this
experience exchange network (March-April 2003).

Lead body: Commission (March-April 2003).

4.

CONCLUSION

This report demonstrates the determination of the European Commission, in
cooperation  with  the  Member  States,  to  enlist  all  possible  financial  and
technical resources to assist the victims of the Prestige disaster.

The  Commission  also  plans  to  provide  the  European  Union  with  the
mechanisms  needed  to  prevent  such  accidents  in  future  by  means  of
appropriate regulation and vigilant international action.

11

12

COM(2002) 17 of 23.01.2002.
COM(2002) 539 of 02.10.2002.

16

                                                
In  these  legislative  and  administrative  proposals,  it  will  strive  to  pursue  an
overall  strategy  of  prevention,  reparation  and  sanction  with  regard  to  the
operators concerned.

17