S.I. No. 157/2015 - European Union (Registration of Persons Sailing on Board Passenger Ships) (Amendment) Regulations 2015.


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 28th April, 2015.

I, PASCHAL DONOHOE, Minister for Transport, Tourism and Sport, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purposes of giving further effect to Council Directive 98/41/EC of 18 June 19981 , as amended by Directive 2002/84/EC of the European Parliament and of the Council of 5 November 20022 , and paragraph 9(4) of the Annex to Regulation (EC) No. 1137/2008 of the European Parliament and of the Council of 22 October 20083 , hereby make the following regulations:

1. These Regulations may be cited as the European Union (Registration of Persons Sailing on Board Passenger Ships) (Amendment) Regulations 2015.

2. The European Communities (Registration of Persons Sailing on Board Passenger Ships) Regulations 1998 ( S.I. No. 558 of 1998 ) are amended:

(a) in Regulation 2(1), by substituting—

(i) for the definition of “the Council Directive” the following:

“ ‘Council Directive’ means Council Directive 98/41/EC of 18 June 19981, as amended by Directive 2002/84/EC of the European Parliament and of the Council of 5 November 20022 and paragraph 9(4) of the Annex to Regulation (EC) No. 1137/2008 of the European Parliament and of the Council of 22 October 20082,”, and

(ii) for the definition of “the Minister” the following:

“ ‘Minister’ means Minister for Transport, Tourism and Sport;”,

(b) in Regulation 8, by inserting after paragraph (5) the following:

“(6) A company which sets up a system under this Regulation shall—

(a) submit details of the system to the Minister for approval, or

(b) submit evidence that the system has been approved by the competent authority of another Member State.

(7) The Minister may approve a system set up under this Regulation with or without modification.”,

(c) in Regulation 10(4), by substituting “to a class C fine” for “to a fine not exceeding €1,500”,

and

(d) in Regulation 11, by substituting “to a class A fine” for “to a fine not exceeding €1,500”.

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GIVEN under my Official Seal,

23 April 2015.

PASCHAL DONOHOE,

Minister for Transport, Tourism and Sport.

EXPLANATORY NOTE

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

These Regulations give further effect to Council Directive 98/41/EC of 18 June 1998 on the registration of persons sailing on board passenger ships operating to or from ports of the Member States of the Community.

These Regulations amend the European Union (Registration of Persons Sailing on Board Passenger Ships) Regulations 1998 ( S.I. No. 558 of 1998 ). The Regulations require all registration systems set up in accordance with the Regulations of 1998 to be approved either by the Minister or by the competent authority of another Member State.

1 OJ No.L188, 2.7.1998, p.35

2 OJ No.L324, 29.11.2002, p.53

3 OJ No.L311, 21.11.2008, p.3