Pat Breen (Clare, Fine Gael)
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Question 170: To ask the Minister for Communications, Marine and Natural Resources if he will meet a small deputation (details supplied) to discuss the calculation for fees for oil tankers in the Shannon Estuary; and if he will make a statement on the matter. [15938/05]

Pat Gallagher (Donegal South West, Fianna Fail)
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This matter relates to Council Regulation (EC) No. 2978/94 on the application of tonnage measurement of ballast spaces in segregated ballast oil tankers. The objective of the regulation is to encourage the use of environmentally friendly tankers and the use of segregated ballast tanks in oil tankers. The regulation introduced a differential calculation system for fees for oil tankers to be followed by port, harbour and pilotage authorities in order to reach the objective of the regulation.

An individual has, on a number of occasions, complained to the Department about the implementation of the above regulation and its effects on fees payable to pilots operating at Shannon Foynes Port Company. Based on legal advice received, the Department is satisfied that it is a matter for Shannon Foynes Port Company to apply the regulation and that there has been no breach of the regulation.

The Office of the Ombudsman received a complaint from an individual in relation to the implementation of the regulation. Following consideration of the complaint the Office of the Ombudsman informed the Department, inter alia, by letter dated 2 March 2004, that it had advised the complainant that it was clear that the Department acted in accordance with its legislative requirements and that the Ombudsman regarded the case as closed. In light of the above, I do not believe that any purpose would be served by my meeting the deputation referred to by the Deputy.