A case for derogation from the provision of the proposed Pilotage Exemption Certification (P.E.C.) directive

Abstract

The aim of the thesis is that after analyzing the Commission's proposal for a regulation on Pilot Exemption Certification (PEC), which regulation is to form part of a chain of proposals, aimed at having a 'European Maritime Transport without barriers' - by establishing a framework on market access to port services and financial transparency of ports, mainly by reducing a number of additional costs including those of taking a pilot on board, I will be in a position to justify Malta's reasoning for its derogation from PEC. PECs are widely used in most European countries. It is a well-known fact that maritime pilots provide a unique and vital service to the shipping industry and their respective states. Their main aims are '(1) to provide critical independent local knowledge and navigational information to the vessels and (2) to bring the highest level possible of ship handling skill so as to maneuvers vessels in their respective ports.' Malta today is a full member of the European Union (EU) and thus has to abide and be in conformity with all EU legislation. As everyone is aware, especially the Maltese citizens, Malta has its own special geographical, geological, ecological, economical and environmental conditions. Thus, prior to any application and enforcement of any EU legislation, one should examine this particular law/regulation in view of our state's particular needs. It is true that Malta currently forms part of the EU, but it is also true that in most cases, countries like Malta, small and even sometimes bigger than Malta are granted certain derogations, obviously after due studies are carried out. This thesis underlines why the Maltese islands should get this derogation from PEC. Malta, being a particular island with particular and specific limitations should in my opinion ask for derogation from the said proposed provisions. Pilot Exemption Certification is a valid measure but this should only be applicable to bigger countries such as the United Kingdom where one finds around nine hundred and fifty ports; Germany, the Netherlands, Italy, Spain, Cyprus and other European countries where should an accident happen, the maritime activity of that particular country continues uninterrupted. In fact these European countries have a huge number of ports of call that may serve as an alternative should something happen in one of their ports. Most of them also have the necessary infrastructure and necessary links between their respective ports. This is not the case with Malta and this is why Malta should ask for derogation.