WRITTEN QUESTION P-2862/99 by Bernard Poignant (PSE) to the Commission. Erika shipwreck.
C 225 E/212 Official Journal of the European Communities EN 8. 8. 2000 (2000/C 225 E/242) WRITTEN QUESTION P-2862/99 by Bernard Poignant (PSE) to the Commission (7 January 2000) Subject: Erika shipwreck We cannot fail to express concern at the latest oil disaster which once again has struck the French coast. It is in fact our duty to provide citizens of the European Union with satisfactory answers. Just as the Amoco Cadiz triggered off a reaction which led to the adoption of rules to prevent marine pollution, the Erika disaster should encourage us to look more closely at international sea safety standards, as well as the effectiveness of such standards and their actual implementation. Many texts have been adopted by the European Union in this field (Council Directive 93/75/EEC (1) of 13 September 1993 concerning minimum requirements for vessels bound for or leaving Community ports and carrying dangerous or polluting goods, Council Directive 94/57/EC (2) of 22 November 1994 on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations and Council Directive 95/21/EC (3) of 19 June 1995 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). This legislation is intended to reduce the number of substandard vessels operating in Community waters and to improve human safety at sea and protection of the marine environment. However, it is inadequate since it cannot actually prevent substandard vessels from sailing in Community waters. Does the Commission plan to propose more stringent rules in this area and to encourage international organisations to take a firmer line or even to ban vessels which do not comply with standards? (1) OJ L 247, 5. 10. 1993, p. 19. (2) OJ L 319, 12. 12. 1994, p. 20. (3) OJ L 157, 7. 7. 1995, p. 1. Answer given by Mrs de Palacio on behalf of the Commission (26 January 2000) The Commission shares the Honourable Memberís concern as regards the tragic outcome of the accident involving the vessel Erika off the Breton coast. Quite clearly the Commission hopes that the enquiry will bring to light all of the actual causes of the accident and who is responsible for this. However, that shipwreck has already revealed certain shortcomings in applying the international and Community rules on safety and the prevention of pollution. The Commission feels that the time has come to begin to think deeply about the means of more effectively protecting Europeís coastline against accident hazards. This is why the Commission has begun to prepare a communication on safety at sea and the responsibility of the flag and port states and of the industry, which should be debated within Parliament and the Council under the French presidency. The Commission intends to use that document to introduce a certain number of ideas and to suggest practical action, including tighter checking of hazardous vessels in Community ports and closer monitoring of the activities of the classification societies; examining the scope for banning access to Community ports by single-hull oil tankers beyond a certain date, following examples set by the United States; assigning greater responsibility to cargo owners in the event of serious pollution (those options are still to be explored, from voluntary commitment by the industry up to the adoption of binding Community legislation); and the setting-up of a database enabling all maritime-industry operators and the 8. 8. 2000 EN Official Journal of the European Communities C 225 E/213 public authorities to obtain a precise picture, in real time, of ship quality (this being the Equasis database which is currently being developed in close cooperation between the Commission and the French maritime authorities). (2000/C 225 E/243) WRITTEN QUESTION E-2864/99 by María Sornosa Martínez (PSE) to the Commission (18 January 2000) Subject: Infringement of the Television without frontiersí Directive in Spain The Spanish consumer association, the OCU, recently criticised the fact that, in the most recent Christmas advertising campaign, most Spanish television channels broadcast an average of 1 000 advertisements per day during the time slot given over to childrenís programmes. Moreover, 5 % of those advertisements failed to comply with existing legislation. The rules introduced by the amended Television without frontiersí Directive, which Member States were obliged to transpose by 30 December 1998 at the latest, included the following: ü television advertising and teleshopping should be readily recognisable from the remainder of programming; ü subliminal techniques and surreptitious teleshopping should be prohibited; ü advertising should not be inserted into current affairs, sports, documentary or other programmes unless they contained a natural break; ü transmission time devoted to advertising should not exceed 20 % of any given hour of programming; and ü advertisements should not contain material which discriminated on grounds of gender, race, etc. The figures released by the OCU and the mere programming schedule of any Spanish channel confirm the apparent failure of Spanish television today to abide by any of the said rules. In view of the aforementioned facts, is the Commission aware of the public criticism voiced by Spanish consumers? Does it have figures enabling it to determine whether television channels in Spain are abiding by the rules in the Community Directive? Does the Commission take the view that, since the Directive sets 31 December 2000 as the date on which it should submit its report on the application of the Directive in the Member States, it would be advisable to press ahead with the investigations into the state of play as regards enforcement of the relevant legislation? Would the Commission be prepared to approach the Spanish authorities with a view to urging them to comply with Community legislation on broadcasting? Answer given by Mrs Reding on behalf of the Commission (22 February 2000) Several complaints have been submitted to the Commission concerning the alleged failure of certain Member States to comply with Community advertising law. The Commission is currently assembling the data needed to determine to what extent the alleged irregularities constitute infringements on the part of the Member States concerned, with a view to taking the necessary corrective action. In Spain, the problems notably concern the practices of certain broadcasters. An infringement procedure under Article 226 (ex-Article 169) of the EC Treaty has been mounted concerning Spainís failure to comply with the advertising rules enshrined in the Television without Frontiers Directive (Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (1), as amended by Directive 97/36/EC of the Parliament and Council of 30 June 1997 (2)). (1) OJ L 298, 17. 10. 1989. (2) OJ L 202, 30. 7. 1997