S.I. No. 418 of 2002

Fishing Vessels (Safety Provisions) Regulations 2002

I, DERMOT AHERN, Minister for Communications, Marine and Natural Resources, in exercise of the powers conferred on me by section 19 of the Merchant Shipping Act 1992 ( No. 2 of 1992 ), as adapted by the Marine and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2002 ( S.I. No. 307 of 2002 ), for the purpose of giving effect to Council Directive 97/70/EC of 11 December 1997¹ setting up a harmonised safety regime for fishing vessels of 24 metres in length and over, as amended by Commission Directive 1999/19/EC of 18 March 1999² and Commission Directive 2002/35/EC of 25 April 2002,³ hereby make the following Regulations:

1.         These Regulations may be cited as the Fishing Vessels (Safety Provisions) Regulations 2002.

2.         (1)        In these Regulations, except where the context otherwise requires -

“the Act of 1955” means No. 29 of 1955 );

“Council Directive” means Council Directive 97/70/EC of 11 December 1997 setting up a harmonised safety regime for fishing vessels of 24 metres in length and over, as amended by Commission Directive 1999/19/EC of 18 March 1999 and Commission Directive 2002/35/EC of 25 April 2002;

“fishing vessel” has the same meaning as it has in No. 2 of 1992 ), as amended by the Merchant Shipping (Investigation of Marine Casualties) Act 2000 (No. 14 of 2000);

“the Minister” means the Minister for Communications, Marine and Natural Resources;

“recognised organisation” means a recognised organisation to which an authorisation under Regulation 4 of the European Communities (Ship Inspection and Survey Organisations) Regulations 1998 ( S.I. No. 56 of 1998 ) has been granted.

(2)        A word or expression that is used in these Regulations and that is also used in the Council Directive has, unless the contrary intention appears, the same meaning in these Regulations as it has in the Council Directive.

(3)        These Regulations shall apply to all fishing vessels notwithstanding anything to the contrary contained in any rules, Regulations or orders in force immediately before the coming into operation of these Regulations.

3.         (1)        Subject to paragraph (2) of this Regulation, the Annex to the Torremolinos Protocol (as adapted by Annex 1 to the Council Directive) shall, in respect of a fishing vessel, be complied with.

(2)        Chapters IV, V, and VII of the Annex to the Torremolinos Protocol applying to vessels of not less than 45 metres in length (as adapted by Annex II to the Council Directive) and, subject to any exemption granted under Regulation 4(2) of these Regulations, Chapter IX of that Annex (as so adapted) shall, in respect of a new fishing vessel of not less than 24 metres in length, be complied with.

(3)        The provisions specified in paragraph A of Annex III to the Council Directive shall, in respect of a fishing vessel operating in an area specified in subparagraph 1 of the said paragraph A, be complied with.

(4)        The provisions specified in paragraph B of the said Annex III shall, in respect of a fishing vessel operating in an area specified in subparagraph 1 of the said paragraph B, be complied with.

(5)        The specific safety requirements specified in Annex IV to the Council Directive shall, in respect of a fishing vessel, be complied with.

4.         (1)        Subject to paragraph 4 of Article 4 of the Council Directive, the Minister may exempt any fishing vessel (other than one that is a ship to which section 18(3) of the Act of 1955 applies) engaged solely in fishing near the coast of the State, and in respect of which there is in existence a valid certificate of compliance, from any of the requirements of the Annex to the Torremolinos Protocol where he or she is of the opinion that the application of the provision concerned to such vessel would, in virtue of the distance of the vessel's operating area from its base port, the type of vessel concerned, and the weather conditions and absence of general navigational hazards in that operating area, be impracticable or unreasonable, provided that he or she is satisfied that the vessel complies with such safety requirements as are adequate for the service for which it is intended and as to ensure its overall safety.

(2)        The Minister may exempt a new fishing vessel of not less than 24 metres in length and not more than 45 metres in length operating exclusively within sea area Al from the requirements of Regulation 6(1)(f) or 7(3) of Chapter IX of the Annex to the Torremolinos Protocol if the fishing vessel is equipped with -

(a)        a VHF radio installation to which Regulation 6(1)(a) of the said Chapter IX applies, and

(b)        a VHF radio installation using DSC in accordance with Regulation 7(1)(a) of the said Chapter IX.

(3)        Where the Minister exempts a fishing vessel under paragraph (1) or (2) of this Regulation he or she shall issue an exemption certificate in the form set out in Annex V of the Council Directive to the owner thereof in respect of the vessel concerned.

5.         The rules relating to the design, construction and maintenance of hull, main and auxiliary machinery, electrical and automatic plants of not less than one recognised organisation shall, in respect of a new fishing vessel, be complied with.

6.         (1)        An initial survey of a fishing vessel may be carried out by a surveyor or recognised organisation only.

(2)        A surveyor or recognised organisation that has carried out an initial survey in respect of a fishing vessel shall submit a report of such survey to the Minister.

(3)        On receiving a report under paragraph (2) the Minister may, if satisfied that the fishing vessel concerned complies with Articles 3 and 5 of the Council Directive, issue to the owner thereof a certificate of compliance in respect of such vessel in the form set out in Annex V of the Council Directive.

(4)        There shall be attached to each certificate of compliance issued by the Minister under paragraph (4) a record of equipment in the form set out in the said Annex V.

7.         (1)        A periodical survey of an Irish fishing vessel may be carried out by a surveyor or recognised organisation only.

(2)        A surveyor or recognised organisation that has carried out a periodical survey in respect of a fishing vessel shall submit a report of such survey to the Minister.

(3)        On receiving a report under paragraph (2) the Minister may, if satisfied that the fishing vessel concerned complies with Articles 3 and 5 of the Council Directive renew, for a period not exceeding one year, the certificate of compliance issued in respect of the vessel by endorsing thereon an endorsement for the periodical survey concerned in the form set out in the said Annex V.

8.         (1)        The Minister may require the owner of a fishing vessel to cause an intermediate survey of the machinery and structure of the fishing vessel concerned to be carried out by a surveyor or a recognised organisation, in accordance with Regulation 6(1)(c) of Chapter 1 of the Annex to the Torremolinos Protocol, at such intervals as he or she may specify.

(2)        A surveyor or recognised organisation that has carried out an intermediate survey in respect of a fishing vessel shall submit a report of such survey to the Minister.

(3)        On receiving a report under paragraph (2) the Minister may, if satisfied that the fishing vessel concerned complies with Articles 3 and 5 of the Council Directive, endorse the certificate of compliance issued in respect of the fishing vessel concerned with an endorsement for the intermediate survey concerned in the form set out in the said Annex V.

9.         (1)        The Minister may, if he or she considers that in all the circumstances it is proper and reasonable to so do, extend the validity of a certificate of compliance issued under Regulation 6 that has expired or otherwise ceased to be valid, for such period as he or she considers appropriate not exceeding 5 months, for the purpose of allowing a fishing vessel to proceed to a port in the State or to a port in which the relevant periodical survey or an intermediate survey is to be carried out on the vessel

(2)        The Minister may extend the validity of a certificate of compliance, other than one the validity of which has been extended under paragraph (1), for a period of one month commencing on the date of expiry stated thereon.

10.       A certificate of compliance issued under Regulation 6 shall cease to be valid if -

(a)        subject to any exemption granted by the Minister in respect of the fishing vessel concerned under Regulation 4(1) of these Regulations, the periodical surveys, required under Regulation 6(1)(b) of Chapter 1 of the Annex to the Torremolinos Protocol are not completed within the period specified therein,

(b)        there is a failure to comply with a requirement of the Minister under Regulation 8(1),

(c)        where applicable, the certificate of compliance is not endorsed in accordance with Regulation 7(3) or 8(3), as may be appropriate, or

(d)        the fishing vessel concerned ceases to be entitled to fly the proper national colours within the meaning of section 10 of the Act of 1955.

11.       A fishing vessel shall have on board a valid certificate of compliance issued under Regulation 6.

12.       (1)        The Fishing Vessels (Safety Provisions) Regulations 1998 ( S.I. No. 550 of 1998 ) (hereafter in this Regulation referred to as “the Regulations of 1998”) are hereby revoked.

(2)        A certificate of compliance, record of equipment or exemption certificate issued under Regulation 5 of the Regulations of 1998 that is in force immediately before the revocation of those Regulations, shall continue in force as if issued under these Regulations.

EXPLANATORY NOTE

(THIS NOTE IS NOT PART OF THE INSTRUMENT AND DOES NOT PURPORT TO BE A LEGAL INTERPRETATION)

These Regulations replace the Fishing Vessels (Safety Provisions) Regulations 1998 ( S.I. No. 550 of 1998 ) which implemented EC Directive 97/70/EC, and also give effect to Commission Directive 2002/35/EC. The Regulations set down safety standards for fishing vessels of 24 metres and over insofar as the Torremolinos Convention 1977 as modified by the 1993 Protocol refers.

¹ O.J. No. L34 of 9.2.1998, p. l.

² O.J. No. L93 of 27.3.1999, p. 48.

³ O.J. No. L112 of 27.4.2002, p.21-33.