Obvezno peljarenje na temelju novih odredaba Pomorskog zakonika
Compulsory pilotage based on the new provisions of the Croatian Maritime Code

Summary/Abstract: The paper deals with the new provision, included in the 2013 Amendments to the [Croatian] 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.

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