STATUTORY INSTRUMENTS.

S.I. No. 709 of 2004 .

MERCHANT SHIPPING (RO-RO PASSENGER SHIP SURVIVABILITY) (AMENDMENT) RULES 2004.

S.I. No. 709 of 2004 .

MERCHANT SHIPPING (RO-RO PASSENGER SHIP SURVIVABILITY) (AMENDMENT) RULES 2004.

I, NOEL DEMPSEY, Minister for Communications, Marine and Natural Resources, in exercise of the powers conferred on me by section 10(1) (as amended by section 29 of the Merchant Shipping Act, 1992 (No. 2 of 1992) of the Merchant Shipping (Safety Convention) Act 1952 (No. 29 of 1952) and the Marine and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2002 ( S.I. No. 307 of 2002 ) and for the purpose of giving effect to Directive 2003/25/EC of the European Parliament and of the Council of 14 April 2003¹ , hereby make the following Rules:

1.  (1)  These Rules may be cited as the Merchant Shipping (Ro-Ro Passenger Ship Survivability) (Amendment) Rules 2004.

(2)  These Rules and the Merchant Shipping (Ro-Ro Passenger Ship Survivability) Rules 1998 may be cited together as Merchant Shipping (Ro-Ro Passenger Ship Survivability) Rules 1998 and 2004.

2.  Rule 2 of the Merchant Shipping (Ro-Ro Passenger Ship Survivability) Rules 1998 ( S.I. No. 429 of 1998 ) is amended by

(a)  substituting for the definition of “regular scheduled service” the following definition:

“ ‘regular service’ means a series of ro-ro passenger ship crossings serving traffic between the same two or more ports, which is operated either:

(i) according to a published timetable; or

(ii) with crossings so regular or frequent that they constitute a recognisable systematic series;”, and

(b)  substituting for the definition “ro-ro passenger ship” the following definition:

“ ‘ro-ro passenger ship’ means a ship carrying more than 12 passengers, having ro-ro cargo spaces or special category spaces, as defined in Regulation II-2/3 of the 1974 International Convention for the Safety of Life at Sea, as amended;”.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation)

These Rules give effect to Directive 2003/25/EC of the European Parliament and of the Council of 14 April 2003 on specific requirements for ro-ro passenger ships by inserting substituted definitions of “regular services” and “ro-ro passenger ships” in the Merchant Shipping (Ro-Ro Passenger Ship Survivability) Rules 1998.

¹O.J. No. L 123, 17.5.2003, p. 22-41.