S.I. No. 24/2024 - European Union (Workers on Board Seagoing Fishing Vessels) (Organisation of Working Time) (Share Fishermen) (Amendment) Regulations 2024


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 26th January, 2024.

I, EAMON RYAN, Minister for Transport, 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 Article 16(b) of Council Directive (EU) 2003/88 of 4 November 20031 , hereby make the following regulations:

1. These Regulations may be cited as the European Union (Workers on Board Seagoing Fishing Vessels) (Organisation of Working Time) (Share Fishermen) (Amendment) Regulations 2024.

2. The European Union (Workers on Board Seagoing Fishing Vessels) (Organisation of Working Time) (Share Fishermen) Regulations 2020 ( S.I. No. 585 of 2020 ) are amended by substituting for Regulation 4(1) the following:

“4. (1) A master of a fishing vessel shall not permit a fisherman on board to work more than an average of 48 hours a week, calculated over a reference period that does not exceed 12 months. Periods of paid annual leave and periods of sick leave shall not be included or shall be neutral in the calculation of the average.”.

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GIVEN under my Official Seal,

11 January, 2024.

EAMON RYAN,

Minister for Transport.

EXPLANATORY NOTE

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

These Regulations make an amendment to the working time regulations which apply to share fishermen (European Union (Workers on Board Seagoing Fishing Vessels) (Organisation of Working Time) (Share Fishermen) Regulations 2020) and make it clear that the calculation of hours for the average working week over the relevant reference period should not include periods of paid annual leave or sick leave.

1 OJ L 299, 18.11.2003, p. 9