Vol. 565 No. 4
111 Mr. Killeen asked the Minister for Communications, Marine and Natural Resources his views on the negative impact on pilots' remuneration arising from the regime adopted by Shannon Port Authority; the implication of Regulation 2978/94; his role under section 80(2) of the Harbours Act 1996; and if he will make a statement on the matter. [11338/03]
Council Regulation (EC) No. 2978/94 deals with the implementation of the International Maritime Organisation (IMO) Resolution A.747 (18) on the application of tonnage measurement of ballast spaces in segregated ballast oil tankers. The regulation aims at implementing the 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 or 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I bring to the attention of the Deputy the fact that the regulation is repealed as of 31 December 2007 by Regulation (EC) No. 417/2002 of the European Parliament and of the Council which deals with the accelerated phasing in of double hull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 that there are no reasons to maintain beyond 2007 the differential charging system for which the 1994 regulation provides.
Section 80(2) of the Harbours Act 1996 provides for the possibility of a ministerial direction to a port company requiring it to comply with policy decisions of a general kind in relation to the levels of pilotage charges imposed. My Department has consulted the Office of the Attorney General in relation to the application in Ireland of the regulation and in particular in relation to the Shannon estuary. The clear legal advice is that a direction by me is not necessary.
