COMMISSION OPINION of 10 February 1981 addressed to the Government of the Federal Republic of Germany dealing with the implementation of Council Directive 79/115/EEC concerning pilotage of vessels by deep-sea pilots in the North Sea and English Channel (81/110/EEC)

1. In a letter dated 27 November 1979, the Permanent Representation of the Federal Republic of Germany to the European Communities sent to the Commission under Article 2 of Directive 79/115/EEC (1) a statutory order dealing with deep-sea pilots dated 25 August 1978 (Verordnung 眉ber das Seelotsenwesen au脽erhalb der Reviere).

2. Examination of this document and the letter sent on 5 November 1979 by the Ministry of Transport to the German Shipowners' Association (Verband Deutscher Reeder) has led the Commission to find that the Federal Government has met, in full, its obligations regarding implementation of the Directive.

3. However, examination was also made at the same time of the Law of 13 October 1954, which deals with pilotage in general, including therefore deep-sea pilotage, and this revealed, with reference to Sections 10 and 12 of the Law, that exercise of the profession is subject to possession of German nationality.

4. In the course of earlier contacts with representatives of the Federal Government, the Commission noted that that Government expects to amend the legislation in question by 1983 and that, in the intervening period, the said restriction would not debar nationals from other Member States. The Commission however, invites the Federal Government to bring this engagement to the notice of the competent authorities, as well as of all interested parties, through an appropriate official publication, and to communicate this publication to the Commission.

5. Subject to this assurance, the Commission considers the Directive to be fully implemented in the Federal Republic of Germany.

Done at Brussels, 10 February 1981.

For the Commission

Georges CONTOGEORGIS

Member of the Commission (1) OJ No L 33, 8.2.1979, p. 32.