WRITTEN QUESTION E-2006/03 by Bart Staes (Verts/ALE)and Jan Dhaene (Verts/ALE) to the Commission. Deposit charged for waste oil from ships — European competition rules.
Date: 2003-06-16
Institutions: European Parliament, Provisional data
Subjects: Flanders (Belgium), competition policy, harbour installation, polluter pays principle, pollution from ships, prevention of pollution, used oil, waste management

C 58 E/120

Official Journal of the European Union

EN

6.3.2004

(2004/C 58 E/136)

WRITTEN QUESTION E-2006/03

by Bart Staes (Verts/ALE)
and Jan Dhaene (Verts/ALE) to the Commission

(16 June 2003)

Subject: Deposit charged for waste oil from ships (cid:1) European competition rules

Following the oil disasters involving the ‘Prestige’, the Tricolor and the Vicky, the Flemish government
recently decided that ships docking at Flemish harbours would have to pay a deposit to cover their waste
oil. This deposit is returned if they can show that they have had their waste oil processed in a sustainable
way. The measure has been introduced to curb the number of illegal discharges at sea and has received the
support of shipowners who still face considerable unfair competition from vessels registered under the
Panamanian or Liberian flag.

The authorities in Flanders are applying the ecologically sound principle that the polluter must pay.
However, other ports, in the Netherlands or Germany for example, provide waste oil processing facilities
free of charge.

Is the Commission aware of these regulations in Flanders?

What is its opinion of this approach?

Is it prepared to introduce similar rules throughout Europe in order to ensure that these ecologically
responsible measures do not undermine fair competition between European ports?

Answer given by Mrs de Palacio on behalf of the Commission

(23 July 2003)

The Commission shares the concerns of the Honourable Members about recent shipping accidents in
Union waters and about the extent of operational ship-source pollution. The Commission has considered
that a number of measures, in addition to the international ones, are needed in order to stop the deliberate
discharges of oil and other substances at sea. In 1998 it made a proposal for a Directive on port reception
facilities for ship-generated waste and cargo residues (1). The Directive, which was adopted by the
Parliament and the Council in November 2000 (2), had to be implemented by the Member States since
28 December 2002.

While a Directive is binding as to the results to be achieved, it leaves to national authorities the choice of
form and methods. The decision which is referred to in the question forms part of the Belgian measures to
implement Article 8 of Directive 2000/59/EC. This article sets down a number of principles relating to the
fees and cost recovery systems for waste reception facilities in ports. The Commission is currently
analysing the implementing legislation of the Member States, including the provisions referred to in the
question. The correspondence of those provisions with the principles listed in Article 8 on fee systems will
naturally form an important part of this analysis. The Commission will ensure the effective application of
Community law in this respect.

Article 8.4 of the Directive further provides that the Commission, before the end of 2005, shall prepare a
report to the Parliament and to the Council evaluating the impact of the cost recovery systems adopted at
national level on the marine environment and waste flow patterns. If necessary in light of this evaluation,
the Commission will make further proposals with respect to the principles governing the fee system for
ship-generated waste.

(1) OJ C 271, 31.8.1998.
(2) Directive 2000/59 of the Parliament and of the Council of 27 November 2000 on port reception facilities for ship-

generated waste and cargo residues, OJ L 332 of 28.12.2000.