WRITTEN QUESTION P-1771/03 by Jean-Pierre Bébéar (PPE-DE) to the Commission. IOPC Fund — marine pollution.
Date: 2003-05-21
Institutions: European Parliament, Provisional data
Subjects: EU financing, International Maritime Organisation, indemnification, international convention, oil pollution

C 33 E/168

Official Journal of the European Union

EN

6.2.2004

Answer given by Mrs Diamantopoulou on behalf of the Commission

(16 July 2003)

The above mentioned company has not been financed by the European Social Fund (ESF) in the framework
of any Operational Programme in the period 2000-2006.

With regard to the application of Council Directive 94/45/EC of 22 September 1994 on the establishment
of a European Works Council or a procedure in Community-scale undertakings and Community-scale
groups of undertakings for the purposes of informing and consulting employees, the Commission would
remind the Honourable Member that negotiations on the establishment of such a body are begun only at
the written request of 100 employees or their representatives in at least two Member States or on an
initiative of the central management of the groups of undertakings in question. It is not, therefore, up to
the Commission to encourage these negotiations, which require only that those benefiting from the rights
created by the Directive indicate their interest.

(2004/C 33 E/167)

WRITTEN QUESTION E-1769/03

by Dominique Vlasto (PPE-DE) to the Commission

(28 May 2003)

Subject: Compensation from the IOPC Fund for the damage caused by the Prestige disaster

The Prestige sank on 13 November 2002. On 9 May the IOPC Fund announced that the victims of the
Prestige oil slick would initially receive 15 % of the total estimated damages, which amount to almost
EUR 1 billion.

The author of this question shares the indignation of the victims, who, six months after the disaster, are
being offered derisory compensation for the damage and work it caused. In the Erika II legislative package
the Commission proposed setting up a Community compensation fund, the COPE Fund. This text was
adopted by Parliament at first reading in June 2001 and appears to have been held up in the Council ever
since.

1.

Can the Commission say whether any progress has been made on this proposal?

2.
Tax-payers in the Member States are going to have to fund the remaining compensation for the
damage caused by the Prestige wreck. The COPE Fund would have been a way of remedying this
scandalous situation. As the COPE Fund has not been established, owing to being held up in the Council,
can the Commission propose alternative solutions?

Negotiations are currently under way in IOPC on the level of compensation to be paid and the
3.
compensation procedure to be used in the case of oil slick damage. Does the Commission consider the
raised ceiling for IOPC Fund compensation to be high enough?

(2004/C 33 E/168)

WRITTEN QUESTION P-1771/03

by Jean-Pierre Bébéar (PPE-DE) to the Commission

(21 May 2003)

Subject: IOPC Fund (cid:1) marine pollution

The derisory offer of compensation issued by the IOPC Fund following the ‘Prestige’ disaster has led me,
and many others, to question whether this compensation fund is of any real use.

The Commission has expressed the wish to remedy the shortcomings of the IOPC Fund by setting up a
EUR 1 billion compensation fund for the benefit of the various victims affected when oil tankers go down.

6.2.2004

EN

Official Journal of the European Union

C 33 E/169

If it proves impossible to set up this fund at international level, does the Commission intend to propose a
European organisation modelled on the efforts the United States has already made to protect its coastline?

In that event, what arrangements are envisaged, what funding is proposed, what timetable will be laid
down and what will be the responsibilities of the Member States in relation to setting up this fund and
ensuring its effective operation?

Joint answer
to Written Questions E-1769/03 and P-1771/03
given by Mrs de Palacio on behalf of the Commission

(20 June 2003)

The Commission shares the concerns of the Honourable Member about the need to ensure that sufficient
compensation is available for all victims of oil pollution incidents.

Therefore, the Commission proposed on 6 December 2000 to establish the COPE Fund, which would raise
the overall maximum compensation to EUR 1 billion instead of the current international limit of around
EUR 185 million. Such a measure would ensure that all victims who have a legitimate claim for
compensation will be fully compensated in case of an oil spill in Union waters and would also serve to
speed up the compensation of victims.

international

The Council decided not to proceed with the proposal, but instead to promote the establishment of a
similar fund at
the
International Maritime Organisation (IMO) on 12-16 May 2003 adopted a new Protocol to the existing
international oil pollution compensation regime. The new International Supplementary Fund increased the
available compensation up to EUR 920 million, which is more than USD 1 000 million, available in the US
Oil Spill Liability Trust Fund. The Commission, therefore, welcomes the adoption of this new Protocol.

level. The Diplomatic Conference on the Supplementary Fund at

Now it has to be ensured that Member States live up to their commitment to bring this new fund into
operation before the end of the year. Until all Member States, at least those with a coastline, are parties to
the new Supplementary Fund, the Commission will not reconsider its proposal on the establishment of a
COPE Fund at Union level.

(2004/C 33 E/169)

WRITTEN QUESTION E-1782/03

by Claude Moraes (PSE) to the Commission

(28 May 2003)

Subject: The EQUAL funding programme progress report

What plans does the Commission have for a progress report on the EQUAL funding programme before
the end of the current mandate in 2004?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(1 July 2003)

The first phase of EQUAL will run until 2005, and already the Development Partnerships (of which there
are more than 1 500) have identified innovations in tackling discrimination and inequality experienced by
those at work and those seeking work.

The Commission plans to prepare a Communication at the end of 2003 which will highlight these
innovations whilst noting general progress in EQUAL, and which will serve as a preparation for the launch
of the second phase of EQUAL both for the Member States and Candidate Countries who will participate
fully in this second phase.