COMMISSION OPINION of 16 June 1980 addressed to the Belgian Government in respect of the implementation of Council Directive 79/115/EEC concerning pilotage of vessels by deep-sea pilots in the North Sea and English Channel (80/638/EEC)

1. In a letter dated 9 January 1980, the office of the Permanent Representation of Belgium to the European Communities submitted the following documents to the Commission for consultation pursuant to Article 2 of the above Directive: - a preliminary draft law on the introduction of a deep-sea pilot's certificate for North Sea and English Channel waters;

- a draft Royal Decree implementing the above law;

- a draft Ministerial Decree implementing the above Royal Decree;

- a draft Royal Decree setting up a Maritime Control Commission.

2. From an examination of the draft Royal Decree implementing the draft law on the introduction of a deep-sea pilot's certificate for North Sea and English Channel waters it emerges that one of the conditions for granting the certificate in question is the possession of Belgian or Luxembourg nationality.

The Commission considers that the deep-sea pilots in question will simply give technical assistance to ships' masters, the latter retaining sole responsibility for sailing and manoeuvring the ship (cf. Article 3 of the draft law). Moreover, Article 7 of the preliminary draft law provides that the Belgian State shall not be held in any way responsible for any damage which the holder of a deep-sea pilot's certificate might cause in the exercise of his profession.

In these circumstances the Commission is of the opinion that the deep-sea pilots will not be involved in the exercise of official authority within the meaning of Article 55 of the EEC Treaty and that the prescribed condition of Belgian or Luxembourg nationality is therefore incompatible with Articles 48 and 52 of the Treaty.

It therefore has the honour to request the Belgian Government to re-examine, in the light of the above Articles of the Treaty, the provisions of the draft Royal Decree relating to the condition of nationality for the grant of the certificate in question.

Done at Brussels, 16 June 1980.

For the Commission

Richard BURKE

Member of the Commission