Dáil Éireann debate -
Tuesday, 19 Nov 2002

Vol. 557 No. 4

Written Answers. - Pilotage Agreements.

Tony Killeen

Question:

81 Mr. Killeen asked the Minister for Communications, Marine and Natural Resources the position regarding a pilotage agreement; the basis on which pilots are currently remunerated; his plans to introduce a common system nationally; and if he will make a statement on the matter. [22143/02]

Tony Killeen

Question:

84 Mr. Killeen asked the Minister for Communications, Marine and Natural Resources the basis for the application of SBT Regulation, 2978/94, in a manner which adversely affects the remuneration of some pilots employed in Irish ports; and if he will make a statement on the matter. [22142/02]

Minister for Communications, Marine and Natural Resources (Mr. D. Ahern)

I propose to take Questions Nos. 81 and 84 together.

Council Regulation (EC) No. 2978/94 deals with the implementation of the International Maritime Organisation Resolution A.747 (18) on the application of tonnage measurement of ballast spaces in segregated ballast oil tankers. The regulation aims to implement a resolution adopted by the IMO in 1993, the objective of which is to encourage the use of environmentally friendly tankers and the use of segregated ballast tanks in oil tankers. The regulation introduces a differential calculation system for fees for oil tankers to be followed by port, harbour and pilotage authorities in order to reach the objective of the IMO resolution.

Under the EC treaties, regulations are directly applicable in all the member states without the need for any national implementing legislation. The regulation is binding on port, harbour and pilotage authorities within the community being the authorities specified therein. The Harbours Acts, 1996 to 2000, provide that a port company operating under the Acts may, in respect of pilotage services that are provided by pilots in its pilotage district, impose charges at such rates as are from time to time determined by it. Accordingly, in the event that any pilot is of the view that he or she is adversely affected by the application of the regulation he-she should refer the matter to the relevant port company. The objective of the regulation is to encourage the use of environmentally friendly oil tankers.

I take this opportunity to bring to the attention of the Deputy the fact that the regulation is repealed from 31 December 2007 by Regulation (EC) No. 417/2002 of the European Parliament and of the Council which deals with the accelerated phasing-in of double hull or equivalent design requirements for single hull oil tankers.

Accordingly, the preamble to the 2002 regulation notes there are no reasons to maintain beyond 2007 the differential charging system for which the 1994 regulation provides.

In reply to the Deputy's second question, I can confirm that I have no plans to change the current organisation of pilotage provided for in the Harbours Acts, 1996 to 2000. Under section 56 of the Harbours Act, 1996, the function of organising and ensuring the provision of pilotage services is conferred on port companies formed under the Act. The section provides that a port company shall organise and ensure the provision of pilotage services in its pilotage district either by employing pilots as members of its staff or by licensing persons under the Act to perform acts of pilotage within the pilotage district. Section 59 of the Act provides, if a port company chooses the latter option for the provision of pilotage services, that it shall enter into a pilotage agreement with one or more persons whom the persons proposing to act as licensed pilots in its pilotage district nominate for the purpose of concluding such an agreement. The section also provides that a pilotage agreement, which may be varied or replaced by another agreement, shall provide for a range of matters including the collection and recovery of pilotage charges and the disbursement of those charges, after the making of lawful deductions, to each of the licensed pilots. As I have stated already pilotage charges are determined by the port company concerned.