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Pilot support in Russia: why the system needs to be updated
Material posted: Gornova Anna M.Publication date: 28-02-2020

In mid-February, the haters of bill No. 889303-7 (On amendments to the merchant shipping Code of the Russian Federation regarding the establishment of a unified state pilotage service), which is under consideration in the State Duma, attempted stuffing information. Their goal is to discredit the bill, so by all means leave the outdated, dull, unprofitable system a pilot system in Russia. Haters were disseminated materials in which a number of claims contain outright lies, but a number of facts construed solely for the benefit of private pilotage companies. In this connection it is necessary to shed light on the situation and the basic framework of a pilot security, the sources of which are true facts, events and historical truth. The project pilots the Center began the summer of 2018. To study the issue had a number of leading specialized industry and related experts, because the problem is not solved and sinks into lobbying for over 15 years. During this period, the haters of the bill, masquerading as its Maritime past, the naval education and extreme "complexity" of a pilot issue many took away from the simple truth, which is obvious. Here they are the eight rays of truth.

In mid-February, the haters of bill No. 889303-7 (On amendments to the merchant shipping Code of the Russian Federation regarding the establishment of a unified state pilotage service), which is under consideration in the State Duma, attempted stuffing information. Their goal is to discredit the bill, so by all means leave the outdated, dull, unprofitable system a pilot system in Russia. Haters were disseminated materials in which a number of claims contain outright lies, but a number of facts construed solely for the benefit of private pilotage companies. In this connection it is necessary to shed light on the situation and the basic framework of a pilot security, the sources of which are true facts, events and historical truth. The project pilots the Center began the summer of 2018. To study the issue had a number of leading specialized industry and related experts, because the problem is not solved and sinks into lobbying for over 15 years. During this period, the haters of the bill, masquerading as its Maritime past, the naval education and extreme "complexity" of a pilot issue many took away from the simple truth, which is obvious. Here they are the eight rays of truth.

  1. Pilot support refers to the responsibilities of the state, is essentially a state service for the shipowner. Size pilotage does not provide for the profit of private individuals.

Pilotage refers to the sphere of ensuring safety of navigation and operation of the pilot represents the protection of public interests of the state. In various countries of the pilotage service of a state or organized on the principle of Self Employеd Pilot, are non-profit and on the basis of the law exercise their obligations for the provision of pilotage services. Nowhere in the world pilot support is not given in the market, and none has followed earnings in the private pocket of the safety of navigation. The state receives economic benefits from a stable, smooth operation of the port, with a pilot component in the economy of the state is extremely low, but the reverse effect in the event of an emergency incident is vital, and the responsibility for the damage ultimately rests with the state. In Russia pilotage fee refers to the mandatory port fees and are charged among the 10 required. Pilots rules of the devotes the whole of Chapter VI, which cannot be said about the rest of the list of services and economic activities of the port. Air traffic controllers - analogue of the marine pilots in the aerial ocean, which also provided assistance to the commanders of the aircraft at takeoff and landing at airports are employees of the state Corporation.

  1. Pilot support - part of a national security system Maritime countries.

 

A comprehensive system to ensure navigation safety in the ports involves providing a walk-through of the dimensions of channels and fairways, navigational and hydrographic support of navigation system vessel traffic management, port state control of ships, ship reporting system, the regulation of vessel traffic, automatic identification system, a system of identification of vessels and tracking them in the far distance. Pilot support is an important part of this complex. From the work of lots of services depends on the uninterrupted functioning of ports.

 

Pilot activities harmoniously integrated into the national security system Maritime countries. First, because one of the foundations of merchant shipping are Maritime ports, which handled hundreds of thousands and millions of tons of cargo including a significant number of threat. Ports are located in urban areas, densely populated with hundreds of thousands and millions of citizens of the country and in other densely populated areas. Second, any serious accident with the vessel maneuvering in the port or on the approaches to it can block a port and cause significant damage to the economic interests of the state. Thirdly, around the world pilots perform a number of national public oversight and ensuring quality of vessels pilotage is carried out primarily in the interests of the state, providing pilot support, protect its population and environment, and secondly to ensure that the interests of the shipowner, despite the fact that these services are paid by the shipowner. Fourth, the security system of commercial navigation in the ports of the country based on mutual commitments in international relations, including in international trade, and our ships are also guaranteed an appropriate level of safety of navigation in ports of other Maritime countries. A pilot must be stable, which means the state's obligation to provide quality round-the-clock pilotage in designated areas, compulsory pilotage 365 days a year.

 

  1. The constitutional court decision No. 7-P dated 6 April 2004 concerning the settlement activities of non-state pilotage organizations do not perform more than 15 years. And though it tried to interpret the haters, the facts are as follows.

In 2001, he was a broken system pilot non-profit organizations established by the Association of sea pilots of Russia (AMSR), whose activities were approved and supported by the Department of Maritime security of the Ministry of transport. These non-state pilotage organizations established by the pilots, from 1991 to 2001, has successfully served 2/3 of the country's ports, pilotage dues are spent in accordance with the Charter in its purpose – self-conducted farm, built a fleet. State pilotage organizations at that time was maintained less than 20% of the country's turnover. After 2001, the pilots began to fight for the right to continue activities in their organizations and in 2004 the Decision of the constitutional Court of the Russian Federation was cancelled by the government decree № 538, which gave the government the right to provide lots security in some ports only to governmental organizations.

However, the failure to replace him is no other normative act regulating the activities of pilotage organizations, has created a legal vacuum in the regulation of the activities of pilotage organizations in General. This has led to what is destroyed in 2001, a pilot system non-commercial organizations in Russia uncontrollably, exclusively in profitable ports, pilotage, any private company that the government did not support from the beginning. This moment has stalled the implementation of the decision of the constitutional Court on regulation of activities of non-state pilotage organizations, and the development of the regulatory framework was constrained by efforts in the private lobby. Manipulation right from the lobbyists of private pilotage companies was based on the fact that they are relying on the insufficiency of legal regulation pilot activities, put an equal sign between "nonprofit" and "private" pilot organizations.

According to Hayter, adopted in 2011 the law No. 113-FZ equal rights, public and private lots of the organization. In fact, law No. 113-FZ just eliminate the legal uncertainty by cancelling the provision according to which the Legislator gives the government the right to determine the possibility of the work of state and non-state (at the time non-commercial) lots of organizations. In this case, the adoption of law No. 113-FZ, the second part of the constitutional Court's Decision has not been made - the regulation of non-profit activities of lots of organizations appeared. But, taking advantage of this legal loophole, the business went on to capture a profitable segment of lots of collection in highly profitable ports, trying to subjugate the whole of a profitable part of lots of sector turning it into the commercial market, which is contrary to the principles of a pilot security, its public order and international practice. In the end, it all led to the current situation.

  1. The competition few lots of organizations in one area of lots of posting is not allowed leading Maritime countriesnegatively evaluated by experts, a pilot and professional international associations because it reduces the level of safety of navigation and leads to unnecessary infrastructure costs. Why and for what purpose this undesirable phenomenon want to consolidate in Russia? Why under this FAS is trying to reshape the law? Time, international practice, experts have long been proven and is reflected in our legislation, what pilot support is much more effective in the regime of natural monopoly, and market as such in this sector is not and can not be. So the market is artificially created for the sake of the income of several individuals. While the authorities have understanding that the market is not a panacea for everything. And those market laws and rules that exist today in Russia, capable to destroy any national system, destroy its competitiveness on a global level.

 

  1. The establishment of the Pilot Service will not require funds from the Federal budgetthat is directly stated in the feasibility study to the bill. However, in order to stall the bill, the haters scare scary picture of the 60 pilot courts, which, in their opinion, will have to build at the expense of state budget. Only nothing in the bill no. On the contrary, finally a pilot boat will be built, and pilot organizations will begin to be equipped with and develop the means pilotage, which in a single system pilot software, taking into account subsidies to loss-making ports by profitable enough and without recourse to the budget. It is clear that first, we have boats to rent, but pilotage is enough to run the program for the construction of a pilot fleet.

 

  1. The bill will put an end to the dregs with the pilot Assembly. Self-sufficiency and no games and manipulations with rates of pilotage. All reasonable, centralized and transparent without the current funds in the pocket of business uncontrolled overstating the expenditure side without climbing into the pocket of the state and taxpayers. A vivid example of Finland, where the level of cover the costs of pilotage fee varies between the ports 9 times the lowest 25%, highest is 216%. The state pilot service Finpilot effectively provides all of pilotage, pilotage dues redistributes to the loss-making ports and did not apply for a grant to the state. Also pilotage services work in the status of the state in Norway, Sweden, Latvia, Lithuania, Estonia, Greece, the leader of the world economy – China, etc. In some countries, pilots by law delegated the right to operate on a commercial basis in the system of Self Employеd Pilot where they hold economy and develop the means pilotage. In Germany, for example, pilots receive only a portion pilotage, covering their salary costs and the maintenance of the pilotage service, and the state, receiving another part of the pilotage, provides them with technical equipment. In different countries in different ways, but nowhere beneficiaries pilotage are not the owners of the private (commercial) pilot companies. So lives and works the whole civilized world – is simple, transparent, clear and self-sufficient. Hence the quality of life of citizens. And we have years of state authorities and "experts" Excel how to confuse and complicate, so in the end, several dozen physical persons could increase their income.

 

  1. In IMO Resolution A. 159 (ES.IV) reflect the duty of the state party IMO to organize a system of pilotage ensure the best and most effective way.

More than 15 years of non-performance of decisions of the constitutional Court led to the fact that in Russia at this moment legally the obligation of lots of security is not fixed for any organization. There are no regulatory requirements to pilot organizations: their "equipment, number and qualifications of their employees, installed (the transport Ministry) for a particular article 86. KTM of the Russian Federation the purposes of pilotage". To say that the system of pilotage, which integral part are the pilot organizations, we have state-controlled, in principle, impossible, because the Ministry of transport can provide control of the activities only the state pilotage organizations, and private pilot companies not controlled by him. Needs to be updated legal framework of the occupational safety pilots.

FSUE Rosmorport on a commercial basis provides a pilot Postings 3/4 ports of Russia, including unprofitable, and in those ports where it could make a profit from pilotage, covering its losses, the profits on a "competitive basis," dredged by private pilotage companies in the pockets of its owners by the uncontrolled overstatement of expenditure. In some ports, private traders "compete" among themselves on the basis of some agreements – in one port (Rostov) these small private organizations more than a dozen. And of course it does not correspond to the basic principles of efficiency of natural monopolies, nor to the principles of ensuring the safety of navigation using pilotage.

Haters stubbornly refuse to see the non-profit principle of Rosmorport in relation to lots of collateral, which is reflected in paragraph 3.1, 3.2, 3.6. The organization's Charter and clause 6.PPRF from Nurmatov 25.09.2002 No. 705. In accordance with the provisions of these rules Rosmorport can use the ports, including pilotage (p. p. 12.p.2.2. Of the Charter), in accordance with their purpose and "carries out its activities through its remaining income spent on the maintenance and development of infrastructure facilities of sea port, ensuring the safety of navigation" (p. 6.Government decree № 705).

The result: Rosmorport with hundreds of millions of losses for the year, calculate and control the expenditure of the pilotage pilotage in private companies cannot, a pilot system in the future is not stable, i.e., has lost one of the main qualities, there is no single approach to the legal regulation of pilotage activities in Russia. And such a system haters want to keep asking in their appeals the question – what is it obsolete? They were surprised that this problem was reflected in the development Strategy of Maritime activities of the Russian Federation to 2030, approved by order of the Prime Minister from 30.08.2019, No. 1930, and the explanatory note to the bill.

  1. The functions of the state and business should be clearly defined and separated.

Finally, the main thesis of the haters: "the rules of the pilots of public and private organizations have the same legal status, there is no difference in the specificity of their provisions, the requirements to the activities of non-state pilotage organizations, and there is no reason to limit their activities", - writes the haters mixing to equalize them - public, nonprofit and private organizations, although the objectives of these statuses are fundamentally different. In this case haters "muddy the waters" substitute requirements "pilot" requirements "pilotage organisation". Starting the sentence with a statement about the absence of differences in the legal status of pilots, that is true, the authors finish it the same requirements for pilotage organisations. that is not true, because no such requirements either in KTM the Russian Federation, nor in any secondary legislation. Moreover, the Government of the Russian Federation (or MOT) some formula of the Charter may oblige the commercial form of the State organization to fulfill state obligations on a nonprofit basis, but nobody, not even the Government can not force private pilotage companies engaged in pilotage under the law (civil code) for the purpose of profit, to carry out some work on a nonprofit basis, and even more unprofitable.

In fact, this thesis Hayter is a symbol of this troubled system, which aims to provide "legitimate" cover, all flowing in the direction of the money out of the safety of navigation, from the state budget into the pockets of private entities. today is a tragedy, corruption, the main problem and the cause of negative phenomena in Russia. And that's what needs to be corrected. In successful market economies with a high level of life functions of the state and business separated clearly.

That's the whole sea salt a pilot problem in modern Russia.

 

Anna Gornova

Coordinator of the project "Marine policy"

Center for strategic assessments and forecasts

according to the materials of the work of the expert group

 


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