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For the ice pilots are required to prescribe regulations
Material posted: Gornova Anna M.Publication date: 19-11-2019
In view of the particular vulnerability of Arctic nature the development of merchant shipping in the region, the increase in traffic flow along the Northern sea route without taking all possible measures to protect the organization and the maximum possible control of ships, safety of navigation and environmental aspects (what is the main work of the pilot), carries huge risks and could lead to disastrous consequences. Of particular importance in this context, the organization of high-quality ice pilotage and the pilots performing the duties of a public character.

The use of the Northern sea route is a question of economic and geopolitical. This is the real basis of retention of the naval position of Russia conquered in the Arctic in the last two centuries and full presence in the Arctic zone. In view of the particular vulnerability of Arctic nature the development of merchant shipping in the region, the increase in traffic flow along the Northern sea route without taking all possible measures to protect the organization and the maximum possible control of ships, safety of navigation and environmental aspects (what is the main work of the pilot), carries huge risks and could lead to disastrous consequences. Of particular importance in this context, the organization of high-quality ice pilotage and the pilots performing the duties of a public character.

Today there are many issues relating to the regulation of the activities of pilotage organizations in Russia. For the past many years, the main reason a pilot problem in Russia lies in the contradiction commercial purposes (profit) of private pilotage companies operating according to the Civil code and the nonprofit public duties pilots, enshrined in the merchant shipping Code. Essentially a pilot's duty is public service, not commercial activity. Such practice is typical for the vast majority of foreign Maritime countries, where pilot service non-profit - state or non-state. In Russia, "business pilots" in profitable ports and oil terminals is a phenomenon of the post-perestroika period, which negatively affects the development of the entire system of pilot schemes in the country and leads to a forced subsidy of the government pilot service in the unprofitable Northern ports.

Huge in its consequences a problem may be the insufficient legal regulation of the ice pilotage in the waters of the Northern sea route, with a legal status of national transport communications. This issue was discussed at the VII annual meeting of the International expert Council on cooperation in the Arctic (IECCA), held in Moscow on November 7, the walls of im Gubkina RGU. For Fishnet.ru the problem was commented by the experts.

Coordinator of the project "Marine policy" Center for strategic estimates and projections Anna Gornova:

"In order to regulate polar shipping as from 1 January 2017 entered into force on the Polar code adopted by the International Maritime organization (IMO). Document is a rule of international law reglamentary many aspects of the work of the Navy in the Arctic, in particular, requires "security of ships operating in polar waters, properly qualified personnel" (article 12.1) and allows the administration of the vessel involvement of "other persons" (article 12.3.2.2, i.e. ice pilots) that must meet certain requirements. In the Russian legal framework governing navigation in the waters of the Northern sea route, we were obliged to take into account the requirements of this international law.

However, "the Rules of the ice pilotage in the waters of the NSR", (order of the MT of the Russian Federation of 17.01.2013, No. 7) the requirements of the Polar code are not considered as requirements of the 6th Chapter of KTM of the Russian Federation (articles:85, 87, 88, 92, 93, etc.), and there are no references to them. These Rules reflected only a small part of the requirements of the "Regulations on sea pilots of the Russian Federation" and did not reflect the requirements in relation to: health, education, training and qualification, certification, receive identity, rights and obligations of Maritime pilots in the exercise of pilotage, which is contrary to the rules of the Russian Federation. Such legal uncertainty in case of any accidents involving ice pilot will inevitably create international legal conflict.

Despite the fact that the Northern sea route is federally owned, subsidized from the Federal budget and public administration is the basis for its preservation as national communications in the Arctic, the services of the ice pilotage in the Northern sea route according to the Russian law today can provide any organization (including commercial and possibly under the control of foreign beneficiary). There is a clear regulatory gap which should be regulated in accordance with the national interests of our state.

In this matter it should be clear that the work of the pilots refers to the system of navigation safety of navigation. The objective of pilotage is not a commercial, and pilotage of a vessel relates to the public functions of the state. Pilot support services as more effective in the absence of competition. This is confirmed by the pilotage monopoly in the provision, enshrined in legislation, the vast majority of the leading Maritime countries of the world and reflected in the documents of European and International Associations of Maritime pilots. Came to this world practical experience.

The near future for the exploration of the World ocean, and, therefore, for leaders in the Maritime economy. At the present stage Russia needs a unified state pilotage service is completely controlled by the state, technically equipped at the level of advanced countries in the world, equipped with new modern pilot boats, helicopters and efficiently equipped pilot stations considering all the risks of cybersecurity and the benefits of the development of the digital industry".

State Maritime pilot since 1974, pilot commander of the SPb since 1992, President of the Association of sea pilots of Russia since 1995, honored worker of transport of the Russian Federation, candidate of law.N., the expert of the Center for strategic estimates and projections Mr egorkin:

"- Of the five organizations represented on the website of the Administration of the Northern sea route as providing ice pilotage, the two (yet!) are private, the purpose of which, like any commercial organization is profit, not "the safety of navigation of ships and protection of the marine environment"as spelled out in Chapter VI of the MWC governing the work of Maritime pilots. High probability that the private pilot companies (commercial, but still with the possibility of foreign participation) is the process control of ice pilotage of their pilots in the national interests of the Russian Federation and implementation of a pilot public functions will be to offer services for the protection of the interests of their customers in their possible dispute with the Russian authorities.

The situation in the world is not static, it changes. Rules of the ice pilotage of ships today require a full audit, as they do not meet the requirements of the Polar Code, rules of KTM of the Russian Federation and Position about sea pilots of the Russian Federation. In the current geopolitical situation, other countries will not be "tolerant" to Russian national interests without the use of all forms of protection, demonstration of these interests and their legal support.

The same problem we have in winter in the Baltic sea, which, like the Arctic, is a unique globally vulnerable aquatic ecosystem impacted by international shipping. For many years the services of the pilots of the open sea (of ice pilots – the so-called ice-advisors) in our territorial waters or our economic zone in the Baltic sea without any regulation uncontrolled include any organizations and citizens, the Russian and even Russian."

The program IECCA 2019

Source: https://www.fishnet.ru/news/novosti_otrasli/87844.html


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