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 introduces a differential calculation system for fees for oil tankers to be followed by port, harbour and pilotage authorities reach the objective of the IMO resolution. The objective of the regulation is to encourage the use of environmentally friendly oil tankers.
The Harbours Acts 1996 to 2000 provide that a port company, such as Shannon Foynes 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. 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 about the application in Ireland of the regulation and in particular in relation to the Shannon estuary. The Attorney General was of the view that there had not been a breach of the regulation and noted that the European Commission was also of this view. In the circumstances, the Attorney General advised that a direction by me under section 80(2) was not necessary.
