WRITTEN QUESTION E-0123/04 by Dorette Corbey (PSE) and Jan Wiersma (PSE) to the Commission. Containers of arsenic pentoxide at sea.
Date: 2004-01-26
Institutions: European Parliament, Provisional data
Subjects: International Maritime Organisation, container, environmental liability, load, marine pollution, maritime safety, maritime shipping, pesticide, pollution control measures, shipping policy, traffic regulations, transport of dangerous goods

C 84 E/308

Official Journal of the European Union

EN

3.4.2004

The Commission will examine the new legislative framework as established by the above-mentioned laws
and decide accordingly what action should be taken with regard to the infringement proceedings against
Italy.

(1) OJ C 222 E, 18.9.2003.

(2004/C 84 E/0356)

WRITTEN QUESTION E-0123/04

by Dorette Corbey (PSE) and Jan Wiersma (PSE) to the Commission

Subject: Containers of arsenic pentoxide at sea

(26 January 2004)

On 21 December 2003 in very heavy seas to the north-west of the Dutch island of Texel, the cargo ship
lost three containers
Andinet, which was sailing under an Ethiopian flag from Antwerp to Bremen,
(carrying a total of 630 drums) and 63 loose drums of wood pesticide consisting of 24 % arsenic
pentoxide, 34 % chromium trioxide and 14 % copper dioxide. In addition, the content of about 50 drums
of the toxic substance (5 000 litres) was washed into the sea during the storm.

1.

Does the Commission agree that:

(cid:1) ships with hazardous substances on board should be forbidden to put out to sea in storms,

(cid:1) it should be forbidden to transport containers of hazardous substances on deck,

(cid:1) every container of hazardous materials should be equipped with a transmitter for ease of traceability?

2. What steps will the Commission take within the EU and the IMO to ensure that the prohibitions
mentioned in paragraph 1 are introduced, as well as the requirement that containers carrying hazardous
substances should be equipped with a transmitter?

Does the Commission take the view that existing controls at the time of loading are stringent

3.
enough, or should the rules on stowing cargo be reviewed?

4. Who is responsible for the recovery of cargo lost overboard, who is liable for any damage to the
environment or biodiversity, and does the Commission take the view that the question of liability is
sufficiently well regulated?

Answer given by Mrs de Palacio on behalf of the Commission

(9 March 2004)

Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a
Community vessel traffic monitoring and information system (1)
lays down measures in the event of
exceptionally bad weather, including the possibility for the competent authority to recommend or prohibit
either a particular ship or ships in general from entering or leaving a port.

In general, the transport below deck of containers of hazardous products, particularly explosives, presents
a greater risk to the safety of the ship than storage on deck.

With regard to the obligation to equip containers of hazardous substances with a transmitter, as part of
the 5th Framework Programme for Research and Technological Development, the Commission launched
the Safe InterModal Transport Across the Globe (Simtag) research project, the objectives of which include
the development of viable technology for tracing and identifying cargoes which pose a risk to the
environment, and the intelligent tracking of containers.

On the basis of the results of the Simtag project, the Commission will examine appropriate measures in
the framework of its right of initiative.

3.4.2004

EN

Official Journal of the European Union

C 84 E/309

Concerning the International Maritime Organisation (IMO), however, the Commission would point out
that the Community is not a contracting party to any international conventions on the rules for loading
and stowing containers of hazardous substances. The Commission currently has permanent observer status
at the IMO, which limits it scope for action in this field. In order to allow the Community to act more
effectively at international level, the Commission has submitted a recommendation to the Council to allow
the Community to join the IMO.

New rules on stowage are adopted by the IMO in connection with amendments to the International
Convention for the Safety of Life at Sea (SOLAS 74) and in the Code of Safe Practice for Cargo Stowage
and Securing (CSS Code).

With regard to controls at the time of loading, the Paris MOU on Port State Control, which became
obligatory under Directive 2001/106/EC on port State control (2), specifies that the inspector of the ship
may verify that dangerous goods have been stowed on board in conformity with the cargo securing
manual and the certificate of conformity, using the register of dangerous products or the stowage plan
required under Chapter VII of SOLAS 74.

The Commission would also point out that the Community measures adopted after the Erika accident have
made it possible to increase ship inspection staff in ports allowing Member States to comply with the
requirement to inspect a minimum of 25 % of ships entering ports.

As regards any damage to the environment or to biodiversity, there is still no Community instrument
together with the 1976
regulating this area. This matter is dealt with under national
Convention on Limitation of Liability for Maríne Claims,
to this
Convention has not yet entered into force. The International Convention on Liability and Compensation
for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996 (HNS)
has not yet entered into force, in spite of the Council Decision 2002/971/EC of 18 November 2002 (3)
authorising the Member States,
in the interest of the Community, to ratify or accede to the HNS
Convention.

if applicable. The 1996 Protocol

legislation,

Concerning the recovery of cargo lost overboard, the responsibility rests with the national authorities
which have appropriate means of intervention in the framework of pollution control plans.

In response to this and previous incidents, the Commission has given particular attention to the prevention
and control of pollution and the secure transport of hazardous goods in the context of the 6th Framework
Programme for Research and Technological Development.

(1) OJ L 208, 5.8.2002.
(2) Directive 2001/106/EC of the European Parliament and of the Council of 19 December 2001 amending Council
Directive 95/21/EC concerning the enforcement, in respect of shipping using Community ports and sailing in the
waters under the jurisdiction of the Member States, of international standards for ship safety, pollution prevention
and shipboard living and working conditions (port State control) OJ L 19, 22.1.2002.

(3) OJ L 337, 13.12.2002.

(2004/C 84 E/0357)

WRITTEN QUESTION E-0131/04

by Olivier Dupuis (NI) to the Commission

(26 January 2004)

Subject: Tragedy involving Albanian migrants

Last week, the Adriatic Sea was the scene to a fresh tragedy, in which 21 (in reality, probably around 40)
Albanian nationals attempting illegally to enter Italy died. The accident took place at a time when the flow
of illegal immigrants from Albania to Italy has noticeably lessened. 137 Albanian illegal immigrants were
intercepted on the Italian coast in 2003, compared to 3 372 in 2002 and 40 000 in 1999. According to
the Italian and Albanian authorities, this drop is due to the cooperation agreement signed by both
countries in 1997 or more mundanely, others say, to the fact that a large number of the Albanians
wanting to emigrate to find work have already done so.