COUNCIL RESOLUTION

of 19 June 1990

on the prevention of accidents causing marine pollution

(90/C 206/01)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Regretting the great damage to the marine ecosystem of the Community caused by the discharge of more than 100 000 tonnes of mineral oil as a result of the accidents which occurred in the last fortnight of 1989 involving the tankers 'Aragon`, flying the Spanish flag, and 'Khark-V`, flying the Iranian flag, in the Atlantic waters near the archipelagos of two Member States, as well as the accident involving the tanker 'Seawind Dos`, of a similar nature;

Whereas this damage could give rise to calamitous consequences for fauna and flora and other natural resources of the area;

Whereas the said maritime accidents have aroused considerable public concern, threatening to undermine the legitimate use of the coasts for recreational purposes, with the resulting negative repercurssions on the touristic resources of the Member States;

Recalling the enormous material and environmental damage caused in other regions of the Community by other accidents of this nature, some sadly notorious such as those involving the tankers 'Torrey Canyon` and 'Amoco Cadiz`;

Concerned about the alarming frequency of this kind of maritime accident;

Considering that the world fleet of VLCC ships has aged and there is no prospect of its being renewed in the short term as well as the deterioration and lack of appropriate maintenance of a large number of VLCC tankers, and the additional factor of risky navigation in maritime zones in bad, and sometimes extreme, meteorological conditions, and on highly congested traffic routes;

Conscious of the fact that the most appropriate method of combating maritime disasters is to insist on prevention as far as possibilities will allow, bearing in mind that the most effective way of combating marine pollution is its prevention;

Conscious that the Community must be duly prepared to cope with this type of incident in Community waters and taking into account that the extent of the damage caused by pollution is directly related to the speed of response and the degree of coordination between the national and international services available;

Recognizing that the International Maritime Organization (IMO) represents the focal point for preventing and combating marine pollution at international level;

Recalling that the IMO has drawn up specific rules and provisions for preventing and combating marine pollution and that various countries, including all the Member States of the Community, agreed in Paris to carry out inspections on ships docking in their ports;

Having regard to the resolution of the European Parliament of 17 March 1989 on safety at sea, and the Commission recommendation on improving the effectiveness of port State control in the Community, which the Commission submitted to the Council on 2 August 1989,

HEREBY ADOPTS THE FOLLOWING RESOLUTION:

1. Member States will endeavour to provide themselves with an adequate and efficient maritime administration which is capable of ensuring strict compliance with the technical rules on safety at sea and the prevention of marine pollution by ships flying their flags, in accordance with the provisions of the relevant international conventions, in particular the Solas and Marpol Conventions.

2. The maritime administration of the Member States will intensify its inspections on foreign ships docking in Community ports in order to make sure, as far as possible, that they do not present an unacceptable risk to the safety of human life at sea or to the integrity of the marine ecosystem. In particular, they will in any case attain the objectives for a minimum number of inspections provided for in the Paris memorandum on port State control.

3. Member States will ensure that their maritime inspectors carry out, in the course of the activities provided for in paragraphs 2 and 3, checks, particularly through the safe manning document, on the qualification of the people making up the crew of ships, especially of tankers, paying particular attention to the observance of rule 13 of Chapter V of the Solas Convention and the provisions of the STCW Convention of 1978.

4. Member States will, as far as possible, always give reciprocal support in identifying the origin of, monitoring and combating pollution by crude oil and other substances prejudicial to the Community's marine environment. In particular, the Member States will take the steps which might be considered necessary in order to guarantee that in the event of any maritime acccident which threatens the ecosystem of Community waters, a rapid, efficient and coordinated response is given by all Member States' administrations, bringing to bear the most appropriate and accessible means in accordance with the circumstances.

5. The Commission is requested to start promoting and improving the instrument of Community action organized in the form of the 'task force`, providing it with the necessary resources and the precise functions required for coordination and rapidity of response.

6. At the same time, the Commission is earnestly requested to continue as a matter of urgency with its research task with regard to the project for the establishment of a system of safety at sea, based on control posts and shore-based navigation aid systems, in accordance with the general framework of COST projects 301 and 311, with the aim of providing proper protection for waters which are essential routes for the Community's maritime traffic.