WRITTEN QUESTION P-3547/03 by Paulo Casaca (PSE) to the Commission. Scot-free permanent oil slick along the Portuguese coast.
Date: 2003-11-24
Institutions: European Parliament, Provisional data
Subjects: EU law, Portugal, coastal pollution, environmental liability, environmental offence, oil pollution, penalty, pollution control measures, pollution from ships

C 78 E/582

Official Journal of the European Union

EN

27.3.2004

Answer given by Ms de Palacio on behalf of the Commission

(26 January 2004)

In its Road Safety Action Programme (1), the Commission announced its intention to examine national
trials of Intelligent Speed Adaptation (ISA) devices and to assess their acceptability to the public. In this
context, the Commission is giving its support to the development of ISA devices, particularly through the
ongoing Prosper and Speed Alert projects. These projects are aimed at evaluating the effectiveness of ISA
devices, the cost of introducing them, the industrial implications of creating an infrastructure to support
these devices, various marketing strategies and their acceptability.

As regards vulnerable road users, most of the actions announced in the European Road Safety Action
Programme will significantly increase their protection. Certain actions are designed specifically to protect
vulnerable road users, such as promoting road safety training from school age, encouraging the use of
crash helmets by all two-wheel motor vehicle users, continuing to improve cars in order to reduce the
severity of accidents involving pedestrians and cyclists, and improving the safety of motorcycles and their
users.

Certain measures are being considered regarding the use of information and communications technologies
for the protection of vulnerable road users, some of which also form part of European research projects.
These measures, which could help prevent accidents involving pedestrians and cyclists, currently remain
longer term solutions.

The Commission is therefore supporting research projects on ISA devices, while also assessing other kinds
of measures for the protection of vulnerable road users.

(1) Communication from the Commission on the European Road Safety Action Programme. Halving the number of

road accident victims in the European Union by 2010: A shared responsibility [COM(2003) 311 final].

(2004/C 78 E/0616)

WRITTEN QUESTION P-3547/03

by Paulo Casaca (PSE) to the Commission

(24 November 2003)

Subject: Scot-free permanent oil slick along the Portuguese coast

Anyone who visits Portuguese beaches at any point in the year (cid:1) particularly those of mainland Portugal,
but also those of the Azores Autonomous Region (cid:1) is regularly confronted with the depressing sight of oil
slicks from oil tankers cleaning out their tanks as they pass through the Portuguese economic exclusion
zone.

The Diário de Notícias of 19 November, quoting the Portuguese authorities responsible for coastguard
activities,
‘every month fifteen vessels clean out their dirty oil or oil-derivatives tanks along the (…)
Portuguese coast’.

The same publication states that
circumstances which it sets out, and of which I would highlight the following:

this crime goes completely unpunished,

for reasons and under

1.

2.

3.

It is ‘extremely difficult to prove that the liquid poured into the ocean is the same as the same as that
contained in the tanks’.

‘Even the port authorities where the ships tie up after washing out their tanks do not always provide
witnesses’.

‘Should the ship owners win the case,
amounting to tens of thousands of euros’.

the Portuguese Government could be faced with fines

In conclusion, the Navy Chief of Staff spokesman claims that ‘the sea is free, and is regulated by
international maritime law. Even if we drew up our own legislation to protect our coasts, this would have
no effects’, and even claims that ‘we can only take steps if their objective is to prevent a catastrophe’.

27.3.2004

EN

Official Journal of the European Union

C 78 E/583

Can the Commission tell me whether this explanation collaborates the total ineffectiveness of Community
measures for preventing these crimes and, in any case, state what it believes is needed in order to prevent
their present day in, day out repetition?

Answer given by Mrs de Palacio on behalf of the Commission

(15 December 2003)

Each Member State now has fairly stringent legislation in this field. National
laws partly reflect the
provisions of relevant international conventions, in particular the 1982 Montego Bay Convention on the
Law of the Sea and the Convention on the Prevention of Pollution from Ships (Marpol 1973-1978).

Following the ‘Prestige’ disaster in November 2002,
themselves the
objective, among others, of setting up a system of sanctions, including criminal sanctions for pollution
infringements, such as deliberate unlawful discharges (tank cleaning operations) and, under certain
conditions, accidental discharges.

the Community institutions set

On 5 March 2003, the Commission presented its proposal for a Directive of the European Parliament and
of the Council on ship-source pollution and on the introduction of sanctions, including criminal sanctions,
for pollution offences.

With this proposal, the Commission is essentially pursuing four objectives:

(cid:1) Determine, under Community law, what constitutes an unlawful discharge of polluting substances at

sea. In this it is following Marpol definitions to the letter.

(cid:1) Guarantee that those responsible for these illegal discharges will be prosecuted and will receive
sanctions, including, where appropriate, criminal sanctions in accordance with national legislation.

(cid:1) Draw up a list of all those whose liability can be invoked, not only captains and ship owners but also

charterers, classification societies, etc.

(cid:1) Define the conditions in which the liability of each of these parties could be invoked. As regards
discharges on the open seas and in exclusive economic zones, the Commission is tied to what is laid
down in Marpol. However, as regards discharges in territorial waters, it may, in accordance with the
1982 Convention on the Law of the Sea, release the Union from Marpol, follow a more stringent line
and lay down that liability can be invoked where there is serious negligence.

This proposal for a Directive also deals with the question of the proof required to punish natural or legal
persons responsible for an illegal discharge (whether deliberate or accidental). The Commission therefore
calls on Member States to draw up ‘reliable methods for attributing pollutants detected at sea to a
particular ship’. Numerous methods are currently being developed, such as specific on-board equipment
which can automatically record unlawful substances which might be contained in discharges from ships.

The Commission attaches particular importance to this proposal and is counting on the resolute support
of the Council and Parliament which are currently examining its text.

(2004/C 78 E/0617)

WRITTEN QUESTION E-3549/03

by José Ribeiro e Castro (UEN) to the Commission

(28 November 2003)

Subject: Cohesion Fund (cid:1) Portugal

The Commission has stated that the suspension of the Cohesion Fund in relation to Portugal ceased at the
beginning of this year. However, to date this normalisation of the Cohesion Fund has had few or no
effects. The Portuguese Government is making an immense effort to consolidate the budget so as to
comply with the Stability and Growth Pact. For geographical reasons, and particularly in view of the