S.I. No. 417/2002 - European Communities (Safety of Fishing Vessels) Regulations 2002

I, DERMOT AHERN, Minister for Communications, Marine and Natural Resources, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving further 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 2002³, , hereby make the following Regulations:

1.

2.

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

“the Act of 1959” means the Maritime Jurisdiction Act 1959 (No. 22 of 1959);

“the Act of 1992” means the Merchant Shipping Act 1992 (No. 2 of 1992), as amended by the Merchant Shipping (Investigation of Marine Casualties) Act 2000 (No. 14 of 2000);

“authorised officer” has the same meaning as it has in the Act of 1992;

“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” means a fishing vessel that is entitled to fly the flag of a Member State (other than the State) or a third country;

“the internal waters of the State” shall be construed in accordance with section 5 of the Act of 1959;

“maritime administration” in relation to a Member State (other than the State) or a third country means the person who in that Member State or third country, who exercise functions the same as or similar to those exercised by the Minister under these Regulations;

“Member State” means a member state of the European Communities;

“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.

“surveyor of ships” means a person appointed under section 724 of the Merchant Shipping Act 1894 to be a surveyor of ships for the purposes of that Act;

“the territorial seas” means the territorial seas of the State for the purposes of the Act of 1959;

“third country” means a state other than a Member State.

• (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.

• (a) the provisions of the Annex to the Torremolinos Protocol (as adapted by Annex 1 to the Council Directive),

• (b) the provisions of paragraph A of Annex III to the Council Directive, or

• (c) the specific safety requirements specified in Annex IV to the Council Directive

are not complied with in respect of a fishing vessel that -

• (i) is operating in the internal waters of the State or the territorial seas, or

• (ii) is in a port in the State,

the owner and master of the fishing vessel concerned shall each be guilty of an offence.

• (2) Where in respect of a new fishing vessel of not less than 24 metres in length that -

• (a) is operating in the internal waters of the State or the territorial seas, or

• (b) is in a port in the State,

Chapters IV, V, VII and IX of the Annex to the Torremolinos Protocol applying to vessels of not less than 45 meters in length (as adapted by Annex II to the Council Directive) are not complied with, the owner and master of the fishing vessel concerned shall each be guilty of an offence.

4.

• (a) is operating in the internal waters of the State or the territorial seas, or

• (b) is in a port in the State,

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 are not complied with the owner and master of the fishing vessel concerned shall each be guilty of an offence.

5.

• (a) operating in the internal waters of the State or territorial seas, or

• (b) in a port in the State,

each be guilty of an offence.

6.

7.

• (a) does not correspond substantially with the particulars specified in a certificate of compliance or a record of equipment attached thereto, or

• (b) is so defective as to render the fishing vessel unfit to put to sea or to engage in or continue to engage in fishing operations,

the authorised officer shall direct the owner or master of the fishing vessel concerned to do everything that is necessary to ensure that -

• (i) the fishing vessel or its equipment corresponds with the said particulars, or

• (ii) any defect so determined by the authorised officer is removed or rectified,

as the case may be.

• (2) An authorised officer may detain a fishing vessel to which paragraph (1) applies or take such a fishing vessel to such place in the State as he or she considers appropriate and there detain it until such time as the owner or master, as the case may be, complies with such directions given under that paragraph in relation to the fishing vessel.

• (3) A person to whom a direction under this Regulation is given who fails or refuses to comply with such direction shall be guilty of an offence.

• (4) A fishing vessel detained under paragraph (2) shall be released if -

• (a) an authorised officer is satisfied that she can without presenting a danger to human life put to sea or leave a harbour for the purpose of proceeding to the nearest repair yard, and

• (b) the owner or master of the fishing vessel undertakes to have any defect in the fishing vessel or her equipment removed or rectified.

• (5) Where an authorised officer -

• (a) gives a direction under paragraph (1) in relation to a fishing vessel flying the flag of a Member State (other than the State) or a third country, or

• (b) detains such a fishing vessel under paragraph (2),

he or she shall inform the diplomatic mission of that Member State or third country, as the case may be, in the State or, where none exists, the nearest consular post thereof, and the recognised organisation (if any) that issued the certificate of competence (if any) in respect of such fishing vessel.

• (6) Where -

• (a) an authorised officer releases, in accordance with paragraph (4), a fishing vessel flying the flag of a Member State (other than the State) or a third country, or

• (b) a fishing vessel, flying such a flag, that has been detained under paragraph (2), leaves any place other than in accordance with these Regulations,

the Minister shall inform the maritime administration of that Member State or third country, as the case may be, and the maritime administration of the country for which it is bound (if known).

• (7) An authorised officer, in the exercise of his or her powers under these Regulations shall not unduly detain or delay a fishing vessel.

• (8) If any person causes or attempts to cause a fishing vessel that has been detained under paragraph (2) to leave any place other than in accordance with these Regulations, that person and the owner and master of the fishing vessel concerned shall each be guilty of an offence.

• (9) This Regulation applies to -

• (a) a fishing vessel that -

• (i) is operating in the internal waters of the State or the territorial seas, or

• (ii) is in a port in the State, and

• (b) a fishing vessel to which the Fishing Vessels (Safety Provisions) Regulations 2002 apply.

8.

• (2) Where an offence under these Regulations is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of any director, manager, secretary or other officer of such body corporate or a person who was purporting to act in any such capacity, that officer or person shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

• (3) Summary proceedings for an offence under these Regulations may be brought and prosecuted by the Minister.

9.

EXPLANATORY NOTE

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

The Regulations replace the European Communities (Fishing Vessel Safety) Regulations 1998 ( S.I. No. 549 of 1998 ) which implemented EC Directive 97/70/EC and give effect to Commission Directive 2002/35/EC. The Regulations give further effect to a harmonised safety regime for fishing vessels of 24 metres in length and over.

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