EMPA CHARTER ON PILOTAGE

©"E.M.P.A."

The European maritime pilots,

- whereas UNCLOS: United Nations Convention on the Law of the Sea;

- whereas EEC Treaty , articles 8A, 48, 52, 74, 84-2, 86 and 130 R-2;

- whereas EEC Directive 93/75 concerning minimum requirements for vessels bound for or
leaving community ports and carrying dangerous or polluting goods;

- whereas EC Directive 95/21 concerning the enforcement, in respect of shipping using Community ports and sailing in the waters under the jurisdiction of application of the Member States, of international standards for ship safety, pollution prevention and shipboard living and working conditions (Port State Control);

- whereas EEC Directive 79/115 concerning pilotage of vessels by deep-sea pilots in the North Sea and English Channel;

-having regard to the Port State Control Memorandum;

-having regard to IMO Resolution A 485 (XII) on training, qualifications and operational procedures for maritime pilots other than deep sea pilots;

-having regard to IMO Resolution A 578 (14) on guidelines for vessel traffic services;

-having regard to IMO Resolution A.486 (XII) on the use of adequately qualified deep-sea pilots in the North Sea, English Channel and Skagerak;

-having regard to IMO Resolution A.480 (XII) on the use of adequately qualified deep-sea pilots in the Baltic;

-having regard to European Parliament Resolution A 3-0120/92 on Transport in the Mediterranean, Resolution A 3-0255/92 on transport and regional development, Resolution A 3-0144/92 on reject of oil, Resolution A 3-0256/92 on impact of transport on the environment;

-having regard to the Commission communication for a common policy on maritime safety;

        A.       Recalling that the pilotage service is a statutory service designed by the State for  the safety of maritime traffic and the protection of life and environment in the approaches and access channels to ports and harbours, rivers and canals, in the coastal fairways, and in the sea areas outside the coastlines;

        B.       Recalling that pilotage is a compulsory service controlled by a competent authority;

        C.       Recalling that pilotage plays an important role in the flow of traffic and in the communication between vessel and shore;

        D.       Bearing in mind that the implementation of a Europe without interior frontiers should increase the competition between European ports;

        E.        Bearing in mind that the commercial interests of rnaritime traffic involve a high level of safety in the navigation of vessels, particularly in the approaches and access channels to ports and harbours. Within the ports, harbours, rivers and canals, in the coastal fairways and in the sea areas outside the coastlines;

        F.        Bearing in mind that liberalization measures for maritime transport within the E.C. and the demands of competitive cost in port operations must not lead to a reduction in safety matters and standards;

        G.       Recalling that pilotage service does not have the status of a commercial enterprise in the meaning of article 86 of the EEC Treaty, but a non-lucrative status complying with public service obligations fixed by the State;

        H.       Bearing in mind that the competitiveness of the pilotage service must take into account the duality between safety and the demands of economy on shipping;

        I.          Bearing in mind that there is an aggravation of the risk factors in the approaches and access channels to ports and harbours, within the ports, harbours, rivers and canals; due to the increase of maritime traffic density including many with polluting and dangerous cargoes;

        J.         Bearing in mind that the safety of maritime traffic and the protection of the environment are complementary and must be reinforced;

        K.       Bearing in mind that the pilotage service plays a primary role not only in the safety but also in the efficiency and economy of maritime traffic and ports;

Hereby adopt the Charter on Pilotage to take up the dual challenge of the pilotage service regarding the safety and the competitiveness of maritime traffic.

1. Safety requirements

Both the quality and the reliability of the pilotage service are essential for the safety of maritime traffic. Pilots are aware that the pilotage service has to adapt to the traffic conditions and should be improved as follows:

1.1. Emphasis on regulation of compulsory pilotage

- Extension of the pilotage area and implementation of deep-sea pilotage,

- Enforcement of compulsory pilotage and implementation of compulsory deep-sea pilotage for vessels carrying oil cargo (Ref. MARPOL 73) or other pollutant or dangerous cargoes,

- To disallow the issue of pilotage exemption certificates to masters of such vessels,

- Harmonization of the required conditions for issuing pilotage exemption certificates,

- Pilotage exemption certificates (PEC's) should only be issued, after examination, to the master of a vessel for a specific vessel in a specific port or part of a port or harbour or for specified coastal fairways. The requirements for obtaining a PEC should include a fixed number of calls, within a specified priod of time, to the port, harbour, fairways or rivers concerned. PEC shall be reassessed after 12 months by at least an oral interview of the master. A PEC may be restricted to be valid only under certain specific conditions.

1.2. Use of efficient means for the pilot's transfer on board vessels
- Use of helicopters and fast launches is recommended,
- Combined use of these modern means enables the pilot's transfer on board vessels in most weather conditions,
- Pilotage can be exercised earlier and farther,- Flow of traffic can be more safely regulated and managed,
- Quality and reliability of the pilotage service are improved.

1.3. Pilots' participation in ship reporting procedures
- This participation regarding Port State Control measures should improve the safety of navigation and the protection of environment and port installations, in accordance with EC Directive 95/21,
- As the first and only man to board the vessel in the approaches of the port, and according to his experience and what he finds on board, the pilot should report to the competent authority any damage or deficiency regarding both the vessel and the crew even when it does not affect the particular navigation, in accordance with EEC directive 93/75,
- This report, based on observation and not on technical inspection, should help the competent authority to detect sub-standard ships,
- The pilots' reporting procedures have to be established in every port.

1.4. Pilots' participation in the local VTS
- The participation should he organized in the interests of the safety and the efficiency of maritime traffic.

- At the interface vessel-VTS, pilotage services play a main tactical role in the flow of the traffic and in the co-ordination of other relevant services regarding the navigation of vessels.

- The efficiency of a VTS depends on communication and on co-operation established by the pilot on board with the VTS centre.

- Deep-sea pilots will contribute valuable assistance in bringing their knowledge and ability to communicate, being a link between the master and the VTS, and the district pilot prior to embarkation.

- The harmonization of the pilotage service with the local VTS organization should concern:

• Procedures of co-operation and communication Pilotage-VTS,

• Navigational assistance service,

• Traffic organization service,

• Operational co-ordination between pilotage, mooring and towing services.

1.5 Deep-sea pilotage
- In order to avoid the risk of accidents in European waters, it is appropriate to encourage the use of deep-sea pilotage services.

-Deep-sea pilots engaged in conducting vessels in the North sea, the English Channel and the Baltic Sea are subject to the same requirements as district pilotss as set out in this charter.

-Deep-sea pilots must be recruited in accordance with the accepted qualifications and training standards.

1.6. Provision of shore-based pilotage
The service called "Shored Based Pilotage" (SBP) is an extension of the pilot's task to improve the safety and efficiency of maritime traffic but its limitations should be understood. It cannot be a substitute for pilotage performed by a pilot on board.
SBP consists of advice which is intended to directly influence the course to be steered and the speed or engine manoeuvres to be executed.
The (IMPA/EMPA) definition of SBP is: "Shore Based Pilotage is an act of pilotage carried out in a designated area by a pilot licensed for that area from a position other than on board the vessel concerned to conduct the safe navigation of that vessel".

The provision of Shore Based Pilotage requires that:

• it is in accordance with National Legislation;

• limits and limitations are established by local pilotage regulations;

• direct co-operation is established with VTS centres regarding Traffic Organization and

• suitable and radar and radio equipment are utilized.

SBP improves the continuity of the pilotage service and therefore reinforces the safety of navigation;

-SBP also enables a better regulation of the flow of the traffic.

1.7. Pilot's skill and training requirements
Pilots are aware that the pilot's skill is based on the level of initial training on board vessels. The initial training period should be gradually followed by the pilotage of vessels commencing with smaller size and draught vessels, progressing by stages to vessels of increasing size and draught.

Training by simulator or scale model may represent a positive input.

• Before boarding or landing from vessels is commenced, a trainee pilot should receive instructions in appropriate survival and rescue techniques.

• Initial training should be sufficiently thorough to enable a pilot to face any foreseeable situation.

• During initial training, the trainee pilot should have the opportunity to navigate and manoeuvre the ship under the control of the pilot in charge,

• Efforts should be made to improve the initial training period,

• Ongoing assessment by a trained professional,

• Training should include an understanding of the importance of the pilot/master relationship and the need to integrate the pilot's task into the bridge team activities,

• Up-dating with the technical development of shipping through training courses or similar means.

1.8. Relationship between master and pilot
The master, officer of the watch and the pilot should, can and do work together for the safe conduct of the vessel through the most fraught fractions of the vessel's voyage with a single aim of a safe and successful venture.
Master shall declare to pilot , the vessel's particulars including the draught, cargo and manoeuvring characteristics and the relevant information before pilotagee commences.

2. Efficiency requirements
The Pilotage service plays an important role in the economy of maritime transport and in the competition between ports. An efficient pilotage service is essential to the safety, efficiency, commercial competitiveness and image of a port. The need for efficient pilotage services implies that pilots should be fully involved in the management of the service.

Pilots are aware that the efficiency of the pilotage service should be improved as follows:

2.1. Autonomy of management
- Autonomy in the management of the pilotage service by pilots should lead to efficient pilotage costs through the involvement of the pilots' own interests in financial results.

- Autonomy in management should also improve staff and pilots' productivity.

- Control by national competent authority should be limited to the pilots' obligations for pilotage service and pilotage tariffs.

2.2. Pilotage tariffs
- Pilotage tariffs should only reflect pilotage costs,

- The basis of pilotage tariffs should be harmonized on the volume of the vessel in cubic meters, as follows: length overall x extreme breadth x maximum summer draught.

In this formula, the maximum summer draught is adjusted if necessary by applying the following formula:

Draught = 0,14 length x breadth
and the highest value of draught is used.

- Pilotage tariffs should be reviewed annually for coming into force on January 1,

- Pilotage tariffs should be revised on a contractual basis by sharing traffic hazards between users and pilots.

2.3. Harmonized bases of compulsory pilotage
- Harmonization of the compulsory pilotage bases should reduce the competition distortion between ports.

- This harmonization should concern the vessel criteria which are applied regarding the requirement for compulsory pilotage and to the conditions of issuing a pilotage exemption certificate.

- Any local decision related to compulsory pilotage and to pilotage exemption certificates should be taken by the competent authority after consultation of a local technical commission.

- A local technical commission should be composed of representatives of local maritime administration, harbour masters and pilots.

Barcelona, May 1997
32nd  EMPA General Meeting