COMMISSION OPINION of 25 September 1980 addressed to the Government of the Netherlands regarding the implementation of Council Directive 79/115/EEC concerning pilotage of vessels by deep-sea pilots in the North Sea and English Channel (80/947/EEC)

1. In a letter dated 22 April 1980, the Permanent Representation of the Netherlands to the European Communities submitted the following documents for the opinion of the Commission under Article 2 of Directive 79/115/EEC: - an order issued by the Minister of Defence introducing certificates for deep-sea pilots,

- a regulation dealing with tests for deep-sea pilots,

- the text of implementing provisions concerning pilotage,

- a letter from the Director-General for Navigation.

2. Examination of the order issued by the Minister of Defence has revealed that one of the requirements for obtaining a deep-sea pilot's certificate is possession of Dutch nationality.

The Commission holds the view that a deep-sea pilot's function is confined to providing technical assistance to the captain of a sea-going vessel, who remains solely responsible for the navigation and manoeuvring of his ship (cf. Article 2 of the implementing regulations concerning pilotage).

The Commission is accordingly of the opinion that deep-sea pilots are not involved in exercising official authority within the meaning of Article 55 of the EEC Treaty and that the requirement of Dutch nationality is consequently incompatible with Articles 48 and 52 of the Treaty.

The Commission has the honour, therefore, to invite the Government of the Netherlands to review that part of the above order dealing with nationality as a criterion for obtaining the certificate in question in the light of the Articles of the Treaty cited here.

Done at Brussels, 25 September 1980.

For the Commission

Richard BURKE

Member of the Commission