The European Parliament,

–   having regard to Article 31 of the Charter of Fundamental Rights of the European Union, which states: 'Every worker has the right to working conditions which respect his or her health, safety and dignity',

–   having regard to its decision of 6 November 2003 to set up a temporary committee on improving safety at sea(1),

–   having regard to its resolutions of 21 November 2002 on the Prestige oil tanker disaster off the coast of Galicia(2), 19 December 2002 on safety at sea and measures to alleviate the effects of the Prestige disaster(3) and 23 September 2003 on improving safety at sea in response to the Prestige accident(4) and its previous resolutions on safety at sea,

–   having regard to the public hearings of the Temporary Committee on improving safety at sea held on 1-2 December 2003 and 22 January and 18 February 2004,

–   having regard to the written submissions of the speakers invited to attend the public hearings,

–   having regard to its resolution of 12 February 2004 on the fate of the Greek and Filipino members of the crew of the Tasman Spirit in Karachi, Pakistan(5),

–   having regard to the exchange of views which took place between a delegation from the Temporary Committee on improving safety at sea and the master of the Prestige on 5 February 2004 in Barcelona,

–   having regard to the decisions adopted by the IMO at the 23rd session of its Assembly in November-December 2003,

–   having regard to Rule 150(2) of its Rules of Procedure,

–   having regard to the report of the Temporary Committee on improving safety at sea (A5-0257/2004),

A.   whereas various incidents in European waters have caused pollution since the Erika and Prestige disasters, such as that involving the Andinet, which lost leaky drums containing toxic substances off the coast of the Netherlands,

B.   whereas research shows that, more than ten years after the Exxon Valdez oil disaster, the impact on the environment and the ecosystem is still visible and that short-term solutions such as clean-up operations can in the long term make matters even worse, although account must be taken of the particular characteristics of the oil carried by the Exxon Valdez and the fuel-oil carried by the Prestige, as well as the vast differences, in terms of coastline, climate and movement of waters, between Alaska and Galicia,

C.   whereas major accidents are not the only problem: worldwide much of the pollution with hydrocarbons caused by ships is due to deliberate discharges, such as degassing; whereas, therefore, it is necessary to combat these illegal discharges by introducing a system of appropriate penalties,

D.   whereas some maritime transport operators have made efforts to modernise their fleets and to train the seafarers they employ but further initiatives, including Community initiatives, are still needed,

E.   whereas the Commission has promised to put forward in 2004 a new package of measures to improve safety at sea, comprising proposals concerning the living and working conditions of seafarers; port state and flag state control; maritime transport management and information; passenger liability and investigations into maritime accidents,

F.   whereas the master of the Prestige, after having been detained for 83 days and having paid security of USD 3.2 million, is still required to report daily to the Spanish police,

G.   whereas such treatment has subsequently been repeated in the ongoing case of the Tasman Spirit,

H.   having regard to the rejection by the court in Corcubión of the European Parliament's request to hear the master during a public hearing in Brussels,

I.   whereas, nearly a year and a half after the disaster, still no dates have been set for the opening of the proceedings against the master,

J.   having regard to the statements by the master of the Prestige to Parliament concerning: the poor accessibility of the emergency towing installation because of the prevailing conditions, particularly the weather, the damage to the engine as a result of which it could not immediately be started, the requests by both the master and the rescuers to take the vessel to a place of refuge,

K.   whereas the exact quantities are unclear but before the disaster there was 77 000 tons of heavy oil on board the Prestige, it is estimated that 14 000 tons now remain there, some 43 000 tons, according to the Spanish authorities' statistics, having been washed up and/or cleaned up; whereas therefore approximately 20 000 tons are unaccounted for, which consequently could still be a threat to the environment and the coast,

L.   whereas the master of the Prestige estimated that 2 000-3 000 tons of fuel was lost immediately after the initial damage to the Prestige, as opposed to the Spanish authorities who estimated that at that time approximately 10 000 tons was lost,

M.   whereas the IMO's budget is in the hands of the countries with open registers (44% of all the world's vessels are registered in the Bahamas, Bermuda, Cyprus, Liberia and Panama, while the financial control over that 44%, as far as tankers are concerned, lies with Greece - ca. 20%, Japan - ca. 12%, and Norway - ca. 11%) and that it is therefore necessary to reform the structure of the IMO in accordance with the requirements of combating marine pollution and ensuring safety at sea,

N.   whereas the effects of these catastrophes extend beyond the parameters of a single Member State, having an impact upon the Community as a whole, for which reason it is incumbent on the EU to assume responsibility and to develop a comprehensive European maritime policy,

The Prestige disaster and the wreck

1.  Deplores the various shipping accidents which have occurred since the sinking of the Prestige, particularly the disaster involving the freighter Rocknes off the coast of Norway, which caused 18 deaths in January 2004; calls on the authorities to investigate the causes and the circumstances, particularly the possible role played in the disaster by the lack of communication skills and the fact that this vessel was double-hulled;

2.  Stresses that far more attention ought to be devoted to the maintenance and condition of vessels, as a poorly maintained double-hulled tanker represents a greater potential hazard than a well maintained single-hulled tanker;

3.  Expresses its concern about the statement made by the government commissioner on behalf of the Spanish authorities that if a disaster identical to the Prestige disaster were to recur, a decision would again be taken to tow the vessel away from the coast and not to transfer it to a safe haven;

4.  Calls on the competent authorities immediately to resolve the serious problem posed by the 14 000 tonnes of oil still present in the wreck, the 20 000 tonnes in the sea and the thousands of tonnes of waste in landfills, and to put forward a detailed timetable for the extraction and treatment of this waste; urges that the expertise gained in the process be disseminated and used in tackling any future accidents;

5.  Calls on the Commission to obtain information on and supervise the treatment and processing of the waste from the Prestige in order to prevent and detect possible infringements of EU waste law;

6.  Notes with concern that, nearly a year and a half after the Prestige disaster, all the investigations into the causes and circumstances of the disaster have still not been completed or the findings published; notes that the findings of the investigation by the Prestige's flag state (the Bahamas), for example, are still awaited; urges that agreements be reached under the auspices of the IMO on the speedy and independent investigation of shipping disasters and that the IMO include this requirement in its audit scheme for maritime authorities;

7.  Calls on the Spanish judicial authorities, on the basis of total respect for the full independence of their decision-making and of Article 73 of the Montego Bay Convention, to allow the master of the Prestige to return to his country pending his trial, and to relax the requirement for him to report daily, and as soon as possible to specify the date on which the legal proceedings against the master are to begin and the schedule for those proceedings;

Improving maritime safety at European level

8.  Stresses that, in response to the Erika and Prestige disasters, important legislative measures have been taken to make shipping safer in European waters and that priority must therefore be given to the rapid and complete introduction and strict enforcement of the European rules by the Member States;

9.  Calls for a comprehensive and cohesive European maritime policy, which would have as its objective the creation of a European maritime safety area; considers that this policy should be based on the following measures:

10.  Considers that, as it is also very important to have effective emergency planning on board vessels, the Commission should propose measures to ensure that all tankers and vessels carrying a significant quantity of oil as fuel should be required to maintain a comprehensive vessel emergency response plan as part of an EU-wide industry-based Emergency Response System;

11.  Deplores likewise the fact that some Member States have not fully implemented Directive 2002/59/EC(6) establishing a Community vessel traffic monitoring and information system and particularly Article 20 thereof, which concerns the drawing-up of plans to provide places of refuge for ships in distress,

12.  Calls on each coastal Member State to establish a clear decision-making and command structure for dealing with maritime emergencies and an independent authority having the powers and expertise to take the necessary decisions which are to be binding on all parties concerned, in particular as regards the selection and mandatory assignment of an emergency mooring or port;

13.  Emphasises the importance of transnational cooperation in dealing with major maritime accidents, based on standing operational networks and clear rules and procedures which are tested regularly by means of exercises;

14.  Stresses that, when considering measures to improve safety at sea, sufficient attention must be devoted to particular features of the EU's various sea areas, which differ, inter alia, on account of climatic factors: for example, special safety requirements apply in the Baltic during the winter;

15.  Calls for the establishment of a European coastguard service equipped with the necessary powers and instruments to ensure:

16.  Welcomes the initiative of the Commission to organise a series of visits to Member States to verify the existence and contents of plans for dealing with places of refuge; calls on the Commission to complete as soon as possible its evaluation of the plans submitted and its visits to appropriate locations and submit the results of this investigation to the European Parliament and the Council, and to make a clear statement as to which parts of the plans should be public;

17.  Is concerned about the increasing transhipment of oil between vessels off the coasts of Europe; therefore calls on the Member States, when drawing up emergency plans, to take account of the specific risks associated with this;

18.  Observes that the capacity for cleaning up oil at sea has proved inadequate in certain areas and that no improvement measures have been taken since the sinking of the Prestige; consequently welcomes the fact that EMSA is being assigned an operational remit in this field and stresses the importance of making available the funding needed to carry out this remit;

19.  Reiterates its request that the Commission submit proposals as soon as possible for financial compensation for places of refuge and make clear the extent to which existing international conventions already provide for compensation; calls on the Member States and the Union to ratify these conventions as soon as possible;

20.  Calls on the Commission to investigate the scope for introducing mandatory insurance for vessels in European waters so that damages and costs of places of refuge as well as social and environmental costs in the event of an accident can also be recovered from the owners of vessels; calls for a proposal for the introduction of an EU-wide common method for disaster assessment, with a view to facilitating, as in the US, compensation for social or collective damage to the natural heritage, including the deterioration of commercially non-viable marine and land biodiversity;

21.  Considers that the insurance system to be established must cover not only the value of the cargo but also risks of potential environmental damage in the light of the nature of the cargo;

22.  Calls on the Transport Council, one year after the publication of the Commission proposal, to finally adopt a position on the directive concerning the introduction of penalties (under criminal law) for pollution from ships; stresses its view that a system of penalties is crucial in order to combat illegal discharges, but that this must not result in a general criminalisation of seafarers, thereby damaging the image of their profession;

23.  Views with concern the limited progress made by certain new Member States in implementing European and world rules on maritime safety; notes that there is particular concern about the following new Member States: the Baltic States, Malta and Cyprus; calls on the Commission to continue to monitor closely the process of integration of the acquis and calls on the new Member States, in particular Malta and Cyprus, to continue their efforts and to strengthen their maritime administrations;

24.  Welcomes the periodic publication by the Commission of a black list of vessels which are banned from entering European waters and ports; urges the Member States to enforce strictly the provisions of the port state control Directive on refusal of access and to improve, standardise and step up port inspections, while urging the Commission to carry out effective controls and to undertake an audit of the classification societies, including their subsidiaries and companies part-owned by them, introducing penalties for non-compliance with obligations;

25.  Calls on the Commission to promote a detailed study of all chemical products and radioactive substances carried by vessels, providing specific information on their degree of toxicity, chemical composition and dangerousness;

26.  Calls on the Commission to make a proposal for tracing (by means of transponders) containers and other loading units containing dangerous goods, so that they can be located after being lost at sea; calls on the Commission to further develop the SafeSeaNet European data exchange platform in order to add new functionalities and integrate new technological developments, such as transponders; urges the Member States to fully use this system with a view to closer monitoring of traffic and better identification of ships likely to pose a risk to safety, security or the environment;

27.  Is concerned about the registration and labelling of containers and drums containing hazardous chemicals and substances, in view of the loss of a highly toxic cargo from the Andinet in the North Sea, when it became apparent that the substance in question was not the same as that indicated in the bills of lading;

28.  Is concerned that the partnership and cooperation agreement (PCA) recently concluded between Russia and the European Community provides insufficient safeguards for maritime safety in the Baltic region; calls on the Commission, therefore, to coordinate closely with Member States and the European Parliament its continuing negotiations with Russia, with a view to developing common criteria to determine conditions of access to the Baltic for ships carrying dangerous cargo; considers that the outcome of these negotiations should reflect an equal level of responsibility for both signatories so as to protect the marine environment of the Baltic region;

29.  Urges the Commission, in the promised proposal for a directive on investigating shipping accidents, to provide for a system which will ensure optimal exchanges of findings from investigations between Member States, the Commission and EMSA and which will safeguard the independence of investigations, preferably by the creation of an independent European investigation unit within EMSA;

30.  Calls on the Commission to examine the possibility of giving EMSA access, under certain conditions and in particular without prior notice, to vessels for the purpose of performing on-the-spot inspection and examination tasks assigned to it and to draft a proposal to that effect, if appropriate;

31.  Calls, in addition, for an increased budgetary allocation for EMSA, so that it can have at its disposal, as soon as possible, a fleet of anti-pollution vessels to complement the Member States' efforts, and can also perform more effective checks on the activities of the classification societies;

32.  Stresses the importance of providing the most up-to-date means of navigation, such as: Electronic Navigational Charts (ENC) and the Electronic Chart Display and Information System (ECDIS), as well as regularly updated information on water depths (especially in areas with restricted water depths);

Improving maritime safety worldwide

33.  Supports the call by the Secretary-General of the IMO for the EU Member States to continue playing a full part in the work of the IMO and welcomes the outcome of the discussions between the Commissioner responsible for transport and the IMO Secretary-General on the margins of the MARE conference in January 2004 concerning closer cooperation between their organisations;

34.  Reiterates its request to the Council to apply for membership of the IMO for the Union;

35.  Is concerned about the increase in exports of Russian oil via the Baltic and along the shores of the EU, as they often make use of the cheapest substandard tonnage; welcomes, accordingly, close cooperation between the Commission and the IMO, which must check that classification societies are carrying out inspections properly and that the certificates issued are correct;

36.  Understands the concern of the Secretary-General of the IMO regarding unilateral and regional action by countries outside the framework of the IMO, considers, however, that EU action, such as, for instance, the banning of flags of convenience from European territorial waters, may sometimes be necessary in the interests of safety; considers, moreover, that EU measures can act as a catalyst within the IMO, as in the case, for example, of the accelerated phasing-out of single-hulled tankers;

37.  Considers that the designation of Particularly Sensitive Sea Areas (PSSA) under the auspices of the IMO should be accompanied by clear and enforceable rules, such as more stringent compulsory reporting, identification of all operators and rerouting of high-risk vessels, differentiated according to cargo; deplores the action taken by some IMO member states to postpone any new designation of PSSA areas;

38.  Regrets that up until now only three IMO member states have ratified the International Convention on Civil Liability for Bunker Oil Pollution Damage 2001, of which only one is a Member State of the EU, as any bunker oil spill is a threat to the marine environment and its biodiversity, and that without full ratification there will be no international framework covering pollution damage resulting from a bunker oil spill; to that end, urges EU Member States to ratify the Convention and the Commission to promote such ratification;

39.  Calls for the establishment of special zones within environmentally sensitive and navigationally difficult areas of the Baltic Sea, particularly the Kadet Trench, the Skagerrak/Kattegat, the Great Belt and the Sound, which ocean-going vessels, in particular oil tankers, may no longer negotiate without a pilot, and calls on the Commission and the Member States to initiate the necessary measures in the competent international bodies, in particular the IMO;

40.  Welcomes the recommendation on harmonised rules concerning transport in the Baltic Sea area during the winter, as adopted by the Helsinki Commission for the Protection of the Marine Environment of the Baltic Sea Area (HELCOM);

41.  Rejects, on the other hand, the categorical banning of high-risk vessels from the 200-mile zone, as this measure is legally contentious, impedes rapid and effective assistance to vessels in distress and their crews, and causes vessels to make detours, thereby displacing or even aggravating the problem;

42.  Reiterates the need to revise international maritime law so as to confer greater powers on coastal states to reinforce maritime safety in their exclusive economic zones and to improve the protection of the marine environment;

43.  Stresses that, in the interests of safety at sea, it is essential that seafarers should receive a wage which assigns value to their work, and that an end be put to the overexploitation which exists on many ships; calls on the Commission to work for harmonisation of, and a higher status for, this occupation on a European scale by means of legislation and to act to this end within the IMO;

44.  Stresses that up to 80% of accidents at sea are due to human error, and that the percentage even higher in the case of collisions and groundings; considers that the human element is multi-faceted; therefore calls on the Commission to address the human element issues when adopting a new "Prestige" package, which it has announced for 2004, and urges the introduction of compulsory refresher courses and courses on rescue operations under the terms of the STCW Convention;

45.  Calls on the Commission and the Member States to press within the IMO for more stringent international rules as regards safety training for captains, officers and crews, with particular reference to compulsory further training and refresher courses in vessel safety, accident management, fire protection and emergency measures such as towing, emergency moorings or combating harmful substances;

46.  Believes there should be an international programme for cooperation bringing together all of the world's vessel inspection systems (MOUs), including a centralised and easily accessible database that can be consulted rapidly, with a view to ensuring that the movement of vessels between zones does not render it impossible to track vessels or result in the disappearance of any record of offences;

47.  Welcomes in this context the inspections which EMSA will perform regarding the application of the STCW Convention in third countries; stresses that penalties are needed in cases of flagrant violation of the Convention, and calls on the Commission in particular to take strong action against countries which issue certificates of competency for merchant shipping officers on false or fraudulent grounds;

48.  Calls for measures to raise the prestige of maritime occupations and make them more attractive to young people in general and young Europeans in particular;

49.  Expresses its concern about the proliferation of counterfeit and fraudulent certificates; requests the Commission to establish incentives for crew members to inform authorities where these criminal activities are prevalent and no corrective action is taken by the owners or flag state;

50.  Welcomes the decisions adopted by the IMO in December 2003 concerning guidelines for ports of refuge and the introduction of a voluntary audit system for IMO member states; urges, however, that this system be made compulsory without delay and that its results be published;

51.  Stresses the need for radical changes at the level of structure and responsibilities to the complex nexus of businesses (vessel and ship owners, freight contractors, oil companies, classification societies, insurers, etc) that controls international maritime traffic, as well as its relations with flag-of-convenience states; insists that this nexus is an obstacle to the efficient inspection of the condition of vessels, the introduction of the necessary safety measures, vocational training, action to secure adequate working and living conditions and wages for crews, and compliance with fiscal obligations; calls on the Commission to make a full analysis of this crucial problem and to submit a report to Parliament and the Council; this report should, in particular, deal with the relations between EU businesses and flag-of-convenience states;

52.  Is aware of the difficulty faced by certain third states in implementing international rules on safety at sea; calls, therefore, on the Council and Commission to incorporate in the Community's development policy programmes to bolster maritime administrations;

53.  Calls for a review of the international legislation on maritime transport with a view to improving transparency as regards operational structures and identification of the operators, type of goods carried and the safety measures applying in each case; reiterates the need for measures to encourage vessels to fly Community flags rather than flags of convenience of countries which do not meet the vessel inspection and safety standards;

54.  Calls on the International Labour Organisation and the IMO jointly to adopt mandatory criteria for wages, minimum living and working conditions on board vessels and working hours and rest periods, as well as for access to vocational training;

55.  Expresses its concern at the fact that fuel remains in the environment for a long time, which is a problem currently affecting at least 300 points on the Galician coast, and other coasts in the Bay of Biscay, including many Natura 2000 sites; calls for the immediate adoption of the Natura 2000 sites proposed in the region and the adoption of environmental recovery plans for those sites;

Socio-economic, environmental and fisheries aspects

56.  Notes that the rapid opening-up of fishing grounds in the affected areas after the Prestige disaster did indeed in the short term ease the situation of the fishing industry concerned;

57.  Stresses that, over one year after the Prestige disaster and owing to the reduction in extractive activity because of the preventive closure of fishing areas, information from some of the local fishermen's associations suggests that there has been a considerable shortfall vis-à-vis usual catch levels in respect of certain fish stocks in the area;

58.  Stresses that under the new Community financial perspective (2007-2013) provision must be made for specific financial instruments for the fisheries sector of a nature suited to the needs of coastal communities affected by maritime disasters;

59.  Stresses that experience of the Exxon Valdez disaster demonstrates the need for long-term scientific research into the environmental impact of the Prestige disaster; considers that this research should examine, inter alia, the knock-on effects of pollution in the food chain and the impact of the pollution on biodiversity; urges that agreements be reached on the joint financing of such research by the regions and Member States concerned and by the EU;

60.  Hopes that such long-term research and exchanges of research findings will make it possible to assess more realistically the immediate and delayed damage and thus arrive at a more considered approach to future environmental disasters;

61.  Considers that the effective role played by fishing fleets in combating pollution from the Prestige and in perfecting fuel recovery trawls should encourage Member States to develop preventively, on a permanent basis, with the aid of Community funding, this flexible approach to cleaning up pollution, which makes it possible to act before pollution reaches the coast;

62.  Considers that the Commission should ensure that the response to wildlife during an oil spill is integrated into the overall oil spill response and planning mechanisms, in such a way that this response accords with best practice; considers, furthermore, that the Commission should prioritise the development of adequate measures to restore damaged ecosystems following an oil spill and ensure the recovery of populations of affected species;

o
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63.  Instructs its President to forward this resolution to the Council and the Commission.

(1) P5_TA(2003)0483. (2) OJ C 25 E, 29.1.2004, p. 415. (3) OJ C 31 E, 5.2.2004, p. 258. (4) P5_TA(2003)0400. (5) P5_TA(2004)0102. (6) OJ L 208, 5.8.2002, p. 10.