WRITTEN QUESTION E-2644/03 by Erik Meijer (GUE/NGL) to the Commission. Preventing accidents by using skilled workers to load seagoing vessels.
Date: 2003-09-10
Institutions: European Parliament, Provisional data
Subjects: common ports policy, crew, ground staff, load, maritime safety, occupational safety, professional qualifications, transport accident

C 65 E/184

Official Journal of the European Union

EN

13.3.2004

In this regard, Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June
2002 establishing a European Maritime Safety Agency (1) stipulates that one of the tasks of that body is to
facilitate cooperation between the Member States in the development of a common methodology for
investigating accidents and to support national authorities responsible for serious accident investigations.

(1) OJ L 208, 5.8.2002.

(2004/C 65 E/201)

WRITTEN QUESTION E-2644/03

by Erik Meijer (GUE/NGL) to the Commission

(10 September 2003)

Subject: Preventing accidents by using skilled workers to load seagoing vessels

1.
Does the Commission agree that the sinking of the Danish cargo vessel ‘Karin Cat’ demonstrates the
substantial risks associated with the loading of ships that everything must therefore be done to ensure the
safety of the crew as well as of the cargo and that a fundamental condition of this is that cargo should be
loaded and secured in an expert manner by skilled dock workers?

2.
Can the Commission explain why, despite the fact that Belgium’s Major Act explicitly prohibits dock
work being carried out by non-dock workers, this is in fact what happened in this case, and does the
Commission foresee the possibility of taking steps against the infringement of this national legislation?

Does the Commission feel that the infringement of this legislation has consequences in terms of

3.
responsibility for the accident?

4.
Has this sequence of events encouraged the Commission, in the interests of crew and vessel safety, to
rethink its position, which advocates the possibility of ‘self-handling’ of cargo by a ship’s crew, either in
connection with the port services directive currently in conciliation or by some other means, and to
tighten up the rules rather than to relax them? If so, how is the Commission going about this? If not, why
not?

Answer given by Mrs de Palacio on behalf of the Commission

(21 October 2003)

The Commission wishes to refer the Honourable Member to the answer it provided to him on question
E-2643/03 (1).

The Commission would also like to draw the attention of the Honourable Member to the fact that the
safety and health of workers at workplace is covered by the relevant Community Directives, notably the
Framework Directive 89/391/EEC (2) and, inter alia, the individual Directives 89/655/EEC (3), 89/656/EEC (4)
and 90/269/EEC (5).

According to these Directives, the employer is responsible for ensuring the safety and health of workers in
every aspect related to the work and shall establish a risk assessment and take the necessary preventive
measures.

Member States must transpose the Directives to national law and it is up to them to ensure adequate
controls and supervision.

Moreover, the Commission wishes to recall that the proposed Directive on Market Access to Port Services,
currently in the concluding stages of the conciliation procedure, foresees that self-handling could only be
allowed to be carried out by seafaring crews, only if the criteria requested by providers of similar services
in a port are respected.

13.3.2004

EN

Official Journal of the European Union

C 65 E/185

These criteria may include professional qualifications of the personnel carrying out the service and respect
of maritime safety, or the safety of the port or access to it, its installations, equipment and persons.

(1) See page 183.
(2) Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the

safety and health of workers at work, OJ L 183, 29.6.1989.

(3) Council Directive 89/655/EEC of 30 November 1989 concerning the minimum safety and health requirement for

the use of work equipment by workers at work, OJ L 393, 30.12.1989.

(4) Council Directive 89/656/EEC of 30 November 1989 concerning the minimum safety and health requirements for

the use by workers of personal protective equipment at the workplace, OJ L 393, 30.12.1989.

(5) Council Directive 90/269/EEC of 29 May 1990 on the minimum safety and health requirements for the manual

handling of loads where there is a risk particularly of back injury to workers, OJ L 156, 21.6.1990.

(2004/C 65 E/202)

WRITTEN QUESTION P-2648/03

by Dirk Sterckx (ELDR) to the Commission

(28 August 2003)

Subject: Lower natural gas prices for glasshouse growers

Until 2002, on the basis of a gentlemen’s agreement, glasshouse growers in Belgium were granted lower
natural gas prices, a measure introduced with a view to persuading the very energy-intensive glasshouse
crops sector to switch to gas, a more environmentally friendly energy source. Roughly one-fifth of firms in
Belgium’s glasshouse crops sector have since switched to natural gas, and are now suddenly facing very
high bills. The lower price was reportedly withdrawn in order to bring Belgium into line with the rules
governing the internal market in natural gas. One of the objectives of the Flemish Government, as set out
in its action plan entitled ‘Towards a more sustainable glasshouse crops sector in Flanders’, is to take steps
to ensure that within 10 years 75 % of glasshouse growers in Flanders use natural gas.

On the basis of the European directive liberalising the natural gas market, subject to what conditions

1.
can a Member State offer lower prices to particular sectors or groups?

Can the promotion of environmentally friendly energy sources be used as a criterion to justify the

2.
granting of price reductions?

Does the European liberalisation directive rule out the granting of lower natural gas prices to the

3.
glasshouse crops sector in a Member State?

4.

Do any Member States currently grant natural gas price reductions to the glasshouse crops sector?

Answer given by Mrs de Palacio on behalf of the Commission

(29 September 2003)

The European Directives introducing competition to the European natural gas sector enable eligible
customers to freely choose their suppliers by opening up the networks to third parties and unbundling of
vertically integrated companies. The natural gas prices paid by the consumer do not fall under the scope of
the Directives, which stipulates that transportation tariffs for natural gas must be non-discriminatory and
transparent. The regulatory authorities of Member States will be responsible for effective competition and
the efficient functioning of the market. As a consequence, consumers of natural gas should also benefit
from competition by lower consumer prices.