On 19 November 2002, the "Prestige" tanker sank off
the coast of Galicia, taking with it to the bottom 77,000 tons
of heavy fuel oil and seriously polluting the coasts of Spain,
France and Portugal. A similar incident occurred only three years
previously, in the sea off Brittany, with the tanker "Erika".
At that time, various legislative provisions were adopted with
the objective of raising safety standards for the transport of
oil products at sea. Then, one month after the second catastrophe,
both the Environment Council and the Transport Council undertook
to adopt major provisions that reiterate and extend the previous
legislative acts, known as the "Erika I" and "Erika
II" packages.
In particular, the Transport Council of 5-6 December 2002, committed
to
urge the Member States to:
• introduce a provision that heavy grades of oil (tar, bitumen,
heavy fuel oil and heavy crude oil) shall only be carried by double-hull
tankers;
• revise the phasing-out scheme dates for single-hull tankers
and extend the CAS (Condition Assessment Scheme) to all tankers
that have passed the age of 15 years;
• strengthen controls of port states
• develop plans as soon as possible for the identification
of places of refuge for ships in difficulty;
• support the establishment of a supplementary compensation
fund with a ceiling of up to € 1 billion, with a rapid payment
mechanism, operative before the end of 2003;
• proceed with the ratification of the "Bunker Oil"
and "Hazardous and Noxious Substances by Sea" Conventions.
In line with these conclusions, the Commission presented a proposal
to accelerate the phasing-out of old single-hull tankers and to
prohibit these tankers from transporting heavy fuel oil.
After lengthy discussions, the Transport Council of March adopted
a text containing the following principles:
• application of the regulation to all ships that reach
Community ports and to all ships that fly the flags of Member
Countries;
• speeding up of the phasing-out date to 2005 for Category-1
tankers and to 2010 for Category-2 and -3 tankers, with an extension
to 2015 only for Category-2 and -3 tankers with structural protection;
• prohibition of the transport of heavy fuel oils (heavy
crude oil with a density of more than 900 kg/m3 and heavy fuel
oils with a density of more than 900 kg/m3 or a kinematic viscosity
of 180 mm2/s) by single-hull tankers;
• a transitional period up to 2008 for tankers between 600
and 5000 tons
• extensive and obligatory inspections (CAS - Condition
Assessment Scheme) for all single-hull oil tankers that have passed
the age of 15 years.
The Council also approved a joint approach, the contents of which
are in line with Community regulations, that will establish the
negotiating position for Member Countries in the future work with
the International Maritime Organisation (IMO) for the definition
of a global standard.
In addition, the Council is currently discussing a proposal concerning
the illegal discharges by ships at sea and intended to introduce
sanctions, including penal sanctions, against anyone involved
(not only the shipowner, but also the load owner and the classification
company) and responsible for pollution due to fraud or serious
misconduct. While sharing the proposal's basic objectives, the
current debate is focusing on legal instruments more appropriate
to achieving those objectives, taking into consideration the fact
that aspects of criminal law are also involved.
A modification of the European Maritime Safety Agency (EMSA) regulation
is also being studied with a view to extending its tasks relative
to the prevention of marine pollution. This is in order to support
the action of Member States and the Commission, providing the
latter with adequate technical/scientific support.
EMSA, temporarily located in Brussels awaiting a European Council
decision on its definitive location, is already operative, since
its start-up date was moved ahead to January 2003.
Finally, the Commission, considering it to be extremely important
for the European Union to be better defended and represented internationally,
has long since requested the Council for a mandate to negotiate
the upgrading of the Community from its status as observer in
the International Maritime Organisation to status as full member,
so as to enable it effectively to promote a review of current
maritime law. The objective is improved safety and prevention
of marine pollution. However, this proposal has not yet been agreed
to because the Member States maintain that there it is necessary
to improve and strengthen co-ordination.
In conclusion, maritime safety and protection of the marine environment
is one of the fields of action in which the European Union is
in the forefront, as a mover and instigator of initiatives intended
to ensure appropriate maritime-transport standards for both ships
flying the flags of Member States and for the Community's ports.
