Naslov
EU Maritime policy and the new Provisions of Croatian Maritime Code on Compulsory Pilotage

Autori
Petrinović, Ranka ; Matulić Sumić, Nora

Vrsta, podvrsta i kategorija rada
Radovi u zbornicima skupova, cjeloviti rad (in extenso), znanstveni

Izvornik
International Maritime Science Conference 2014 - Book of Proceedings / Vidan, Pero ; Twrdy, Elen ; Leder, Nenad ; Mulić, Rosanda - Split : Pomorski fakultet Sveučilišta u Splitu, 2014, 66-77

Skup
6th International Maritime Science Conference - IMSC 2014

Mjesto i datum
Split, Hrvatska, 28.04.2014. - 29.04.2014

Vrsta sudjelovanja
Predavanje

Vrsta recenzije
Međunarodna recenzija

Ključne riječi
Pilotage, 1923 Convention and Statute of the International Regime of Maritime Ports, the principle of equal treatment, Pilotage Exemption Certificates – PEC, Amendments to the 2013 Maritime Code

Sažetak
Pilotage is guiding a water craft through the water by trained crew (a pilot) and giving expert advice to its master for the sake of safe navigation in ports, straits and other areas of internal waters and territorial sea in the coastal states. The compulsory pilotage is determined for vessels of certain types and sizes if required for the safety of navigation. In Croatia, the pilotage services are regulated by the Maritime Code of the Republic of Croatia and Marine Pilotage Code. In an attempt to achieve more liberalisation in port services within the European Union, maritime pilotage regulations remained separate from those pertaining to other port services due to their importance for navigational safety. The reason for this is to allow various pilotage regulations depending on specific requirements of an individual port, primarily having in mind the safety of navigation. The coastal states may decide to carry out the pilotage operations themselves, or to directly entrust them to specific operators. In Croatia, these operations are conducted by domestic legal entities based on the approval of the Ministry of Maritime Affairs. Each state regulates compulsory pilotage for vessels, taking into account their dimensions, type of cargo and the density of traffic in a specific fairway, or within a certain area. The flag of the vessel is not a decisive criterion for the exemption of vessels from the obligation of pilotage. The new provision, included in 2013 Amendments of Maritime Code, which regulates compulsory pilotage (Article 70, Paragraph 2, Subparagraph a) excludes from compulsory pilotage not only the Croatian passenger vessels that ply on regular routes (as before), but also the passenger vessels flying the flags of other EU member states. European states do not recognize the system of vessel exemption according to their flag, so it was not necessary to change the existing provision in order to harmonize the Maritime Code with the EU acquis communautaire. Moreover, due to the fact that the new provision on exemption from compulsory pilotage causes much more danger to the safety of navigation inside the internal waters and territorial sea of the Republic of Croatia. In addition, the provision is not in accordance with the 1923 Convention and Statute of the International Regime of Maritime Ports whose party is the Republic of Croatia based on the Notification of succession. The provision fails to provide equal treatment to the vessels that do not fly the European Union flag, which is contrary to the provisions of the Convention and the Statute.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA