S.I. No. 716/2004 - European Communities (Passenger Ships) Regulations 2004

STATUTORY INSTRUMENTS.

S.I. No. 716 of 2004 .

EUROPEAN COMMUNITIES (PASSENGER SHIPS) REGULATIONS 2004.

S.I. No. 716 of 2004 .

EUROPEAN COMMUNITIES (PASSENGER SHIPS) REGULATIONS 2004.

I, NOEL DEMPSEY, 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 effect to Council Directive 98/18/EC of 17 March 1998¹ as amended by Commission Directive 2002/25/EC of 5 March 2002² , Parliament and Council Directive 2002/84/EC of 5 November 2002³ , Commission Directive 2003/75/EC of 29 July 2003⁴ and Parliament and Council Directive 2003/24/EC of 14 April 2003⁵ , hereby make the following regulations:

1. These Regulations may be cited as the European Communities (Passenger Ships) Regulations 2004.

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

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

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

“Act of 1992” means the Merchant Shipping Act 1992 (No. 2 of 1992);

“Council Directive” means Council Directive 98/18/EC of 17 March 1998¹ , as amended by Commission Directive 2002/25/EC of 5 March 2002² , Parliament and Council Directive 2002/84/EC of 5 November 2002³ , Commission Directive 2003/75/EC of 29 July 2003⁴ and Parliament and Council Directive 2003/24/EC of 14 April 2003⁵ ;

“high speed passenger craft” means a high speed passenger craft to which the Council Directive applies engaged on a domestic voyage;

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

“Irish high speed passenger craft” means a high speed passenger craft that is entitled to wear the proper national colours within the meaning of section 10 of the Act of 1955 or that is a ship to which section 18(3) of that Act applies;

“Irish passenger ship” means a passenger ship that is entitled to wear the proper national colours within the meaning of section 10 of the Act of 1955 or that is a ship to which section 18(3) of that Act applies;

“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, exercises 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;

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

“passenger ship” means a passenger ship to which the Council Directive applies engaged on a domestic voyage;

“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 (57 & 58 Vict., c.60), to be a surveyor of ships for the purposes of that Act;

“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) In these Regulations—

(a) a reference to a regulation is a reference to a regulation of these Regulations, and

(b) a reference to a paragraph or subparagraph is a reference to a paragraph or subparagraph of the provision in which the reference occurs,

unless it is indicated that a reference to some other provision is intended.

(4) These Regulations shall have effect notwithstanding any provision to the contrary in regulations, rules or orders applying to passenger ships or any class of passenger ship immediately before the coming into operation of these Regulations.

(5) The instruments specified in the Schedule to these regulatons shall not apply to ships to which these Regulations apply.

3. (1) Where, in respect of a new or existing Irish passenger ship—

(a) the standards referred to in subparagraph (a) of Article 6.1 of the Council Directive, or

(b) the provisions specified in subparagraph (b) or (c) of the said Article 6.1,

are not complied with, the owner, operator and master of the passenger ship concerned are each guilty of an offence.

(2) Where, in respect of a new Irish passenger ship—

(a) the general requirements specified in subparagraph (a) of Article 6.2 of the Council Directive, or

(b) the load line requirements specified in subparagraph (b) of the said Article 6.2,

are not complied with, the owner, operator and master of the passenger ship concerned are each guilty of an offence.

(3) Subject to subparagraph (f) of Article 6.3 of the Council Directive, the owner, operator and master of an existing Irish passenger ship of class A, engaged on a domestic voyage, in respect of which there has been a failure to comply with the regulations or specific relevant requirements referred to in subparagraph (a) of the said Article 6.3, are each guilty of an offence.

(4) Subject to the said subparagraph (f), the owner, operator and master of—

(a) an existing Irish passenger ship of Class B in respect of which, there has been a failure to comply with the specific relevant requirements referred to in subparagraph (b) of the said paragraph 3, or,

(b) an existing Irish passenger ship of Class C or D in respect of which there has been a failure to comply with—

(i) the specific relevant requirements referred to in subparagraph (c) of that paragraph, or

(ii) such rules as are agreed by the maritime administration of the host state concerned and the Minister,

are each guilty of an offence.

(5) Where, in respect of an existing irish passenger ship, there has been a failure to comply with subparagraph (e) of the said Article 6.3 the owner, operator and master of the passenger ship concerned are each guilty of an offence.

(6) References in this Regulation to an Irish passenger ship shall include references to a passenger ship, while in the internal waters of the State or the territorial seas, that is entitled to fly the flag of a Member State (other than the State) or a third country, subject to the modification that, when so construing those references the reference in paragraph 4(b)(ii) to “maritime administration of the host state” shall be construed as a reference to “the maritime administration of the flag state of the passenger ship concerned”.

4. (1) Where, in respect of an Irish high speed passenger craft, there has been a contravention of Article 6.4 of the Council Directive the owner, operator and master of the high speed passenger craft concerned are each guilty of an offence.

(2) A reference in paragraph (1) to an Irish high speed passenger craft shall include a reference to a high speed passenger craft, while in the internal waters of the State or the territorial seas, that is entitled to fly the flag of a Member State (other than the State) or a third country.

5. (1) Where, in respect of a ro-ro passenger ship of Class A, B, or C,—

(a) the keel of which is, on or after 1 October 2004, laid or at a similar stage of construction, and

(b) there has been a failure to comply with Article 6a(1) of the Council Directive,

then, the owner, operator and master of the ro-ro passenger ship concerned are each guilty of an offence.

(2) Where, in respect of a ro-ro passenger ship of Class A or B—

(a) the keel of which is, on or after 1 October 2004, laid, or at a similar stage of construction, and

(b) there has been a failure to comply with Article 6a(2) of the Council Directive,

then, the owner, operator and master of the ro-ro passenger ship concerned are each guilty of an offence.

6. (1) Every owner, operator and master of a passenger ship of Class A, B, C or D and all high-speed passenger craft, used for public transport, the keel of which is laid or which are at a similar stage of construction on or after 1 October 2004, shall in respect of each such ship and craft, ensure that appropriate measures are taken, where practicable, to comply with Article 6b of the Council Directive.

(2) For the purpose of modification of passenger ships of Classes A, B, C and D and high-speed passenger craft, used for public transport, the keel of which is laid or which are at a similar stage of construction before 1 October 2004, the owner, operator and master of such vessels shall apply the guidelines in Annex III of the Council Directive as far as reasonable and practicable in economic terms.

7. (1) The Minister may, subject to paragraphs 3 and 4 of Article 7 of the Council Directive, grant an exemption from such provisions of these Regulations and the specific requirements of the Council Directive as are specified in the exemption concerned, in respect of such Irish passenger ships or high speed passenger craft (other than ones to which section 18(3) of the Act of 1955 applies) as he or she considers appropriate.

(2) The Minister may, subject to subparagraph (d) of Article 7.4 of the Council Directive attach such conditions to an exemption granted under this Regulation as he or she considers appropriate.

(3) An exemption granted by the Minister under paragraph (1) in respect of an Irish passenger ship shall be specified in the passenger ship safety certificate issued in respect thereof.

(4) An exemption granted by the Minister under paragraph (1) in respect of an Irish high speed passenger craft shall be specified in the high speed craft safety certificate or Dynamically Supported Craft (hereafter referred to in these Regulations as “DSC”) Construction and Equipment Certificate, as the case may be, issued in respect thereof.

8. (1) Each new Irish passenger ship shall, in addition to being surveyed in accordance with section 6 of the Act of 1992, be surveyed—

(a) before the passenger ship concerned is put into service, and

(b) at such other intervals as may be determined by the Minister.

(2) Each existing Irish passenger ship shall, in addition to being surveyed in accordance with section 6 of the Act of 1992, be surveyed—

(a) before the passenger ship concerned is put into service on domestic voyages in a host state, and

(b) at such other intervals as may be determined by the Minister.

(3) If in respect of an Irish passenger ship there is a failure or refusal to comply with paragraph (1) or (2), as may be appropriate, the owner, operator and master of the passenger ship concerned are each guilty of an offence.

(4) A survey to which this Regulation applies shall be carried out by a surveyor of ships or a recognised organisation.

(5) A survey under this Regulation shall be carried out in accordance with the relevant procedures and guidelines referred to in Article 10(4) of the Council Directive.

9. (1) If in respect of an Irish high speed passenger craft there is a failure to comply with the provisions of the High Speed Craft Code or the Code of Safety for Dynamically Supported Craft (hereafter referred to in these Regulations as “the DSC Code”), as may be appropriate, relating to the carrying out of surveys on such craft, the owner, operator and master of the high speed passenger craft concerned are each guilty of an offence.

(2) A survey to which this Regulation applies shall be carried out by a surveyor of ships or a recognised organisation.

10. (1) Sections 9, 10 and 11 (other than subsection (2)) of the Act of 1992 shall apply to a survey to which Regulation 8 relates as they apply to a survey to which Part II of that Act relates and references in those sections to a survey shall include references to a survey carried out under Regulation 8 or a survey referred to in Regulation 9.

(2) Section 8 of the Act of 1992 shall apply to a survey carried out on an Irish passenger ship referred to in Regulation 8 as it applies to a survey carried out under Part II of that Act as if—

(a) there were substituted in subsection (1) “(which shall be known as a passenger ship safety certificate and is referred to in this Act as ‘a certificate’)” for “(which shall be known as a passenger ship certificate and is referred to in this Act as ‘a certificate’)”,

(b) there were deleted in subsection (2) “or in another document given or sent to the holder of the certificate”, and

(c) the following subsection was substituted for subsection (6), but without prejudice to the application of subsection 5(a) to offences committed under subsection 6(c) in relation to any other vessel by the owner of the Irish passenger ship concerned:

“(6) If in respect of an Irish passenger ship there is a failure or refusal to comply with a condition, restriction or requirement specified in the certificate relating to it, the owner, operator and master of the passenger ship concerned is each guilty of an offence and are each liable on summary conviction to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months, or to both.”,

and accordingly references in that section to a survey shall include references to a survey carried out on an Irish passenger ship.

(3) The owner, operator and master of a passenger ship that is entitled to fly the flag of a Member State (other than the State) or a third country, that does not have on board a valid Passenger Ship Safety Certificate issued by the maritime administration of that Member State or third country, as the case may be, shall, while the passenger ship concerned is in the internal waters of the State or territorial seas, are each guilty of an offence.

11. (1) Where, in relation to an Irish high speed passenger craft, there is compliance with the requirements of the High Speed Passenger Craft Code, the Minister shall, in accordance with the provisions of that Code, issue to the owner of that craft—

(a) a High Speed Craft Safety Certificate, and

(b) a Permit to Operate High Speed Craft.

(2) The Minister may withdraw a High Speed Craft Safety Certificate, or a Permit to Operate High Speed Craft, issued by him or her under paragraph (1) where, in relation to the Irish high speed passenger craft concerned, he or she is satisfied that there is a failure to comply with the requirements of the High Speed Passenger Craft Code.

(3) Where, in relation to an Irish high speed passenger craft, there is compliance with the requirements of the DSC Code, the Minister shall, in accordance with the provisions of that Code, issue to the owner of that craft—

(a) a DSC Construction and Equipment Certificate, and

(b) a DSC Permit to Operate High Speed Craft.

(4) The Minister may withdraw a DSC Construction and Equipment Certificate, or a DSC Permit to Operate High Speed Craft, issued by him or her under paragraph (1) where, in relation to the Irish high speed passenger craft concerned, he or she is satisfied that there is a failure to comply with the requirements of the DSC Code.

(5) The owner, operator and master of an Irish high speed passenger craft that does not have on board—

(a) a valid—

(i) High Speed Craft Safety Certificate, and

(ii) Permit to Operate High Speed Craft, or

(b) a valid—

(i) DSC Construction and Equipment Certificate, and

(ii) DSC Permit to Operate High Speed Craft,

are each guilty of an offence.

(6) The owner, operator and master of a high speed passenger craft that is entitled to fly the flag of a Member State (other than the State) or a third country that does not have on board—

(a) a valid—

(i) High Speed Craft Safety Certificate, and

(ii) Permit to Operate High Speed Craft, or

(b) a valid—

(i) DSC Construction and Equipment Certificate, and

(ii) DSC Permit to Operate High Speed Craft,

issued by the maritime administration of that Member State or third country shall, while the high speed passenger craft concerned is in the internal waters of the state or the territorial seas, are each guilty of an offence.

12. Section 25 and 26 of the Act of 1992 shall apply for the purposes of these Regulations subject to any necessary modifications.

13. (1) A person guilty of an offence under these Regulations is liable on summary conviction to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months, or to both such fine and imprisonment.

(2) Where an offence under these Regulations is committed by a body corporate and is proved to have been so committed with the consent or connivance of, or to be attributable to any neglect on the part of, any person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that 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) Proceedings for an offence under these Regulations may be brought and prosecuted by the Minister.

14. The European Communities (Passenger Ships) Regulations 2002 ( S.I. No. 419 of 2002 ), the European Communities (Passenger Ships) (Amendment) Regulations 2003 ( S.I. No. 637 of 2003 ) and the European Communities (Passenger Ships) (Amendment) Regulations 2004 ( S.I. No. 34 of 2004 ) are revoked.

SCHEDULE

FIRE APPLIANCES RULES

Merchant Shipping (Fire Appliances) (post-1980 Ships) Rules 1983 ( S.I. No. 303 of 1983 )

Merchant Shipping (Fire Appliances) (Amendment) Rules 1983 ( S.I. No. 304 of 1983 )

Merchant Shipping (Fire Appliances — Application to Other Ships) Rules 1983 ( S.I. No. 305 of 1983 )

Merchant Shipping (Fire Appliances) (Amendment) Rules 1985 ( S.I. No. 277 of 1985 )

Merchant Shipping (Fire Appliances) (Post-1980 Ships) (Amendment) Rules 1985 ( S.I. No. 278 of 1985 )

FIRE PROTECTION RULES

Merchant Shipping (Fire Protection) Rules 1985 ( S.I. No. 279 of 1985 )

Merchant Shipping (Fire Protection) (Amendment) Rules 1990 ( S.I. No. 86 of 1990 )

LIFE-SAVING APPLIANCES

Merchant Shipping (Life-Saving Appliances) (Amendment) Rules 1978 ( S.I. No. 216 of 1978 )

Merchant Shipping (Life-Saving Appliances) Rules 1983 ( S.I. No. 302 of 1983 )

Merchant Shipping (Life-Saving Appliances) Rules 1993 ( S.I. No. 380 of 1993 )

Merchant Shipping (Life-Saving Appliances) Rules 1983 (Amendment) (No. 2) Rules 1993 ( S.I. No. 382 of 1993 )

PASSENGER SHIP CONSTRUCTION

Merchant Shipping (Passenger Ship Construction) Rules 1983 ( S.I. No. 300 of 1983 )

Merchant Shipping (Passenger Ship Construction and Survey) Rules 1985 ( S.I. No. 274 of 1985 )

Merchant Shipping (Passenger Ship Construction Amendment) Rules 1989 ( S.I. No. 97 of 1989 )

Merchant Shipping (Passenger Ship Construction and Survey) (Amendment)) Rules 1994 ( S.I. No. 12 of 1994 )

Merchant Shipping (Passenger Ship Construction and Survey) (Amendment No. 2) Rules 1994 ( S.I. No. 131 of 1994 )

EXPLANATORY NOTE.

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

These Regulations give effect to Directive 2003/24/EC of the European Parliament and of the Council of 14 April 2003 amending Council Directive 98/18 EC on safety rules and standards for passenger ships. This Directive lays down provisions regarding certain categories of ro-ro passenger ships and the introduction of safety requirements on passenger ships for persons with reduced mobility. These Regulations consolidate and revoke all previous Statutory Instruments transposing Directive 98/18 and amendments to it.

¹ O.J. No. L144 of 15.5.1998, p.1.

² O.J. No. L098 of 15.4.2002, p.1-126.

³ O.J. No. L324 of 29.11.02, p.53-58

⁴ O.J. No. L190 of 20.7.2003, p.6

⁵ O.J. No. L123 of 14.4.2003, p.18-21

¹ O.J. No. L144 of 15.5.1998, p.1.

² O.J. No. L098 of 15.4.2002, p.1-126.

³ O.J. No. L324 of 29.11.02, p.53-58

⁴ O.J. No. L190 of 20.7.2003, p.6

⁵ O.J. No. L123 of 14.4.2003, p.18-21