WRITTEN QUESTION E-2658/03 by Manuel Pérez Álvarez (PPE-DE) to the Commission. Allseas Group.
Date: 2003-09-10
Institutions: European Parliament, Provisional data
Subjects: collective dismissal, crew, international labour law, offshore oil structure, oil industry, social dumping, social-security contribution, work contract

C 65 E/186

Official Journal of the European Union

EN

13.3.2004

From the Commission’s point of view, natural gas prices to consumers are dependent on the market.
However, according to Article 3 of Directive 2003/55/EC of the Parliament and of the Council of 26 June
2003 concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC (1),
a Member State may consider it appropriate to impose on undertakings operating in the gas sector, in the
general economic interest, public service obligations which may relate, inter-alia, to the price of natural gas
transparent, non-discriminatory and
supplies. Such obligations, however, must be clearly defined,
verifiable.

The Commission does not a priori exclude that the promotion of environmentally friendly energy sources
might justify the granting of price reductions. Cases in which advantages are given to enterprises have to
be notified to and examined by the Commission under Articles 87-88 of the EC Treaty.

In that respect
Community Guidelines for State aid in the agricultural sector, might be relevant (3).

the Community guidelines on State aid for environmental protection (2), and the

Both Directive 98/30/EC of the Parliament and of the Council of 22 June 1998 concerning common rules
for the internal market in natural gas (4) and Directive 2003/55/EC do not deal with natural gas prices paid
by the consumers of natural gas. Natural gas prices are considered a matter of the market and are not
subject to regulation, unless regulating or controlling gas prices to natural gas consumers is thought to be
a matter of consumer protection. Directive 2003/55/EC allows imposing public service obligations to
natural gas undertakings, if these public service obligations relate to security, including security of supply,
regularity, quality and price of supplies, and environmental protection, including energy efficiency and
climate protection and if the public service obligations are clearly defined, transparent, non-discriminatory
and verifiable.

The Commission is currently examining tax reductions for glasshouse growers in Germany and Italy.

It should also be noted that in the Netherlands a preferential pricing system for natural gas to the
glasshouse horticulture sector applied till the end of 1998 (State aid N 464/94). The relevant agreement
was renewed covering the period 1998-2002. In this case the Commission concluded that the tariff as
notified by the Dutch authorities did not give an economic advantage to glasshouse horticulture vis-à-vis
other sectors of the Dutch economy which could obtain the same tariff, if they used the same quantities of
gas. Therefore, it was concluded that this scheme did not constitute aid within the meaning of Article 87 of
the EC Treaty.

the Commission notes that

Finally,
in the Council political
compromise of March 2003, in consultation in the Parliament by now) provides that Member States may
apply a level of taxation down to zero to energy products and electricity used for agricultural, horticultural
or piscicultural works, and in forestry.

the future energy tax Directive (as set

(1) OJ L 176, 15.7.2003.
(2) OJ C 37, 3.2.2001.
(3) OJ C 232, 12.8.2000.
(4) OJ L 204, 21.7.1998.

(2004/C 65 E/203)

WRITTEN QUESTION E-2658/03

by Manuel Pérez Álvarez (PPE-DE) to the Commission

(10 September 2003)

Subject: Allseas Group

While the European Parliament was debating the new directive on minimum training levels for workers at
sea, there appeared virtually simultaneous press reports that the Swiss oil tanker company Allseas Group
wanted to replace its Galician crews with Filipinos; 50 of the 600 employees have already been notified of
their dismissal. The reason, according to the media, is the low cost of employing Filipino manpower.

13.3.2004

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Official Journal of the European Union

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1.

Is the Commission aware of the sacking of these workers?

Is it known whether the contracts cover social security payments, sick leave and compensation for

2.
dismissal? What labour law applies to these contracts?

3. What measures does the Commission intend to propose with a view to preventing situations like this
occurring, in which vocational training and qualifications (cid:1) and consequently, both properly carried out
work and safety considerations are sacrificed (cid:1) on unacceptable economic pretexts?

Answer given by Ms Diamantopoulou on behalf of the Commission

(22 October 2003)

The Commission deplores the facts reported by the Honourable Member concerning third-country

1.
vessels, of which it had no previous knowledge.

2. While the Commission does not have the information to enable it to take a view on this particular
case, it would point out that the law applicable to the employment contract of a person working on board
a vessel depends primarily, in the event of a dispute, on the rules of private international law of the court
hearing the case. In most cases, these rules refer to the law of the country in which the vessel is registered
and whose flag it flies (cf. Article 6(2) of the Rome Convention of 1980 on the law applicable to
contractual obligations).

As far as Community legislation is concerned, the scope of Council Directive 98/59/EC of 20 July 1998 on
the approximation of the laws of the Member States relating to collective redundancies (1) excludes the
crews of seagoing vessels. The Commission had originally proposed that they be included, but this was not
accepted by the other institutions.

3.
Against the backdrop of global economic competition, the Commission is in favour of strengthening
the employment law applicable to seafarers, regardless of their nationality. Over and above the acquis
communautaire, the conventions of the International Labour Organisation (ILO) define the employment
framework and are an important instrument for reconciling the interests of seafarers and their employers.
As it is, 30 of the ILO’s approximately 180 Conventions and 23 of its 192 Recommendations relating to
the shipping sector have often not achieved a sufficient level of ratification, especially by third countries,
and this is detrimental to their impact.

The ILO is currently consolidating the conventions on the industrial relations and employment aspects of
shipping law with a view to incorporating all the provisions of these texts into a single convention which
any country that wanted its registered vessels to fly the national flag with dignity would have to ratify.

The Commission strongly supports this initiative.

Pending the adoption of this convention, the Commission is urging the Member States to continue and,
where appropriate, speed up the process of ratifying the ILO’s international conventions on shipping.

(1) OJ L 225, 12.8.1998.

(2004/C 65 E/204)

WRITTEN QUESTION P-2673/03

by Georges Berthu (NI) to the Commission

(2 September 2003)

Subject: VAT on repairs to old buildings

The trial period during which Member States may charge a lower VAT rate for highly labour-intensive
services, including repair work on old buildings, is due to expire on 31 December 2003.