Izvorni znanstveni članak
COMPULSORY PILOTAGE BASED ON THE NEW PROVISIONS OF THE CROATIAN MARITIME CODE
Ranka Petrinović
; Pomorski fakultet Sveučilišta u Splitu, Split, Hrvatska
Nora Matulić Sumić
; Odvjetnički ured, Split, Hrvatska
Sažetak
The paper deals with the new provision, included in the 2013 Amendments to the Maritime
Code, which regulates compulsory pilotage (Article 70, Paragraph 2, Subparagraph a). The
provision that excludes from compulsory pilotage not only Croatian passenger ships that sail
on regular routes, but also passenger ships flying the flag of a Member State of the European
Union, poses much more danger than before to the safety of navigation inside the internal
waters and territorial sea of the Republic of Croatia. European states do not recognize the
system of vessel exemption according to their flag, so there was no need to change the existing
provision in order to harmonize the Maritime Code with the EU acquis communautaire.
Moreover, the provision on compulsory pilotage 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 discriminates against the
vessels that do not fly the European Union flag, which is contrary to the provisions of the
Convention and the Statute. Because of this, a proposal was submitted to the Croatian Constitutional
Court in order to initiate proceedings to review the Maritime Code harmonization
with international treaties proposing a temporary suspension of the application of the mentioned
provision of the Act on the 2013 Amendments to the Maritime Code.
Ključne riječi
compulsory pilotage; Convention and Statute of the International Regime of Maritime Ports; the principle of equal treatment in ports; Pilotage Exemption Certificates – PEC; the Act on the 2013 Amendments to the Maritime Code
Hrčak ID:
137491
URI
Datum izdavanja:
20.12.2014.
Posjeta: 2.238 *