S.I. No. 504/2005 - Fishing Vessel (Fees) Regulations 2005


S.I. No. 504 of 2005

Fishing Vessel (Fees) Regulations 2005

I, Pat the Cope Gallagher, Minister of State at the Department of Communications, Marine and Natural Resources, in exercise of the powers conferred on me by sections 19 and 31 of the Merchant Shipping Act 1992 (No. 2 of 1992) as adapted by the Marine and Natural Resources (Alteration of the Name of Department and Title of Minister Order 2002 ( S.I. No. 307 of 2002 )), and the Marine (Delegation of Ministerial Functions) (No.2) Order 2004 ( S.I. No. 703 of 2004 )), and with the consent of the Minister for Finance, hereby make the following regulations:

1.        These Regulations may be cited as the Fishing Vessel (Fees) Regulations 2005.

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

“all sea areas” means any sea area including Sea Area A1 and Sea Area A2;

“classed vessel” means a vessel which has been surveyed by or on behalf of a Recognised Organisation (other than the Minister) and has, following such survey, been classified by that organisation in accordance with standards set for vessels by it and remains so classified at the date of the survey or inspection and for which a fee is payable under these Regulations;

“Consolidated Text” means the consolidated text of the regulations annexed to the Torremolinos International Convention for the Safety of Fishing Vessels 1977, as modified by the Torremolinos Protocol of 1993 relating thereto, as reproduced under the title “1993 Torremolinos Protocol and Torremolinos International Convention for the Safety of Fishing Vessels, Consolidated Edition, 1995” published by the International Maritime Organisation London;

“Directive” means Council Directive 97/70/EC of 11 December 19971 , as amended by Commission Directive 1999/19/EC of 18 March 19922 and Commission Directive 2002/35/EC of 25 April 20033 ;

“fishing vessel” or “vessel,” means any vessel equipped or used commercially for catching fish or other living resources in the sea;

“Marine Notice” means a notice described as such, issued by the Department of Communications, Marine and Natural Resources and which may be amended or replaced from time to time;

“Radio Survey Regulations” means the Fishing Vessel (Radio Installations Survey Regulations 1999 ( S.I. No. 40 of 1999 );

“recognised organisation” includes an organisation recognised by the Minister under Regulation 3 of the European Communities (Ship Inspection and Survey Organisations Regulations 1998 ( S.I. No. 56 of 1998 );

“Sea Area A1” means an area within the radiotelephone coverage of at least one VHF coast station in which continuous DSC alerting is available;

“Sea Area A2” means an area, excluding Sea Area A1, with in the radiotelephone coverage of at least one MF coast station in which continuous DSC alerting is available, as may be defined in a Marine Notice.

(2)        A reference in these Regulations to a Schedule is a reference to a Schedule to these Regulations.

(3)        A word or phrase which is used in these Regulations and in the Directive has the same meaning in these Regulations as it has in the Directive.

3.        (1)        In respect of a survey referred to in Part 1 of Schedule 1 the fee specified

(a)  in column (3), for a vessel not classed with a recognised organisation, shall be payable in respect of a survey of a vessel described in column (2) opposite the reference number in column (1)

(b)  in column (4), for a vessel classed with a recognised organisation shall be payable in respect of a survey of a vessel described in column (2) opposite the reference number in column (1) and

(2)        In respect of a survey referred to in Part 2 of Schedule 1 the fee specified in column (3) shall be payable in respect of a survey of a vessel described in column (2 opposite the reference number in column (1).

(3)                   (a)      The fees specified in Part 1 of Schedule 2 shall be payable in respect of the matters specified in paragraphs 1 to 4 of Part 2 of that Schedule.

(b)      Notwithstanding Part 1 of Schedule 2 the fee payable in respect of the initial approval of a vessel referred to in paragraph 4(a) of Part 2 of that Schedule shall not exceed €1,600.

(4)       (a)        Part 1 of Schedule 3 applies to surveys carried out in the State or Northern Ireland.

(b)        Part 2 of Schedule 3 applies to surveys carried out outside the State or Northern Ireland.

(c)        Part 3 of Schedule 3 sets out the basis for calculating overtime.

(5)        Fees and expenses shall in every case be paid to the Superintendent of the Mercantile Marine Office concerned and an official receipt shall be issued by that Office in respect of all payments to which these Regulations apply.

Rule 3

Schedule 1

Part 1

1.         Fees payable for a Certificate of Compliance, Exemption Certificate and Record of Equipment (Initial or four year periodical survey)

Ref No.

Length

Fee for vessel not classed with a recognised organisation

Fee for vessel classed with a recognised organisation

(1)

(2)

(3)

(4)

(1)

24m and over but less than 45m

€2,400 + €75 for each metre or part thereof by which the length exceeds 24m

€925 + €25 for each metre or part thereof by which the length exceeds 24m

(2)

45m and over but less than 100m

€3,975 + €50 for each metre or part thereof by which the length exceeds 45m

€1,450 + €20 for each metre or part thereof by which the length exceeds 45m

(3)

100m and over

€6,725 + €50 for each metre or part thereof by which the length exceeds 45m

€2,550

 

 

 

 

2.       Two year periodical survey

Ref No.

Length

Fee for vessel not classed with a recognised organisation

Fee for vessel classed with a recognised organisation

(1)

(2)

(3)

(4)

(1)

24m and over

60% of fee for initial or four year periodical survey

70% of fee for initial or four year periodical survey

 

 

 

 

Part 2

3.        One year periodical radio survey (year one and year three)

Ref No.

Sea Area

Fee

(1)

(2)

(3)

(1)

Vessels equipped to engage on voyages within Sea Area 1

€400

(2)

Vessels equipped to engage on voyages beyond Sea Area 1 but remaining within Sea Area 2

€500

(3)

Vessels equipped to engage on voyages in all Sea Areas

€600

 

 

 

Schedule 2

Part 1

Fee for approval of plans and stability

1.         The fees payable in respect of each matter mentioned in paragraph 1 to 4 of Part 2 of this Schedule shall be determined by the amount of work involved, charged at an hourly rate of €50, but the amount charged under paragraph 4(a) shall not exceed €1,600.

Part 2

1        Approval of safety equipment plans.

2        Approval of safety construction plans.

3        Approval of radiocommunication equipment plans.

4        Stability approval.

(a)        Initial approval.

(b)        Lightship check.

(c)        Inclining and re-approval.

Schedule 3

Surveyors' Expenses

Part 1

Surveys in the State or Northern Ireland

Other than overtime charges specified in Part 3 of this Schedule, a separate fee shall not be payable in respect of a surveyor relating to -

(a)       expenses, or

(b)       subsistence

in the State or in Northern Ireland in addition to the fees set out in Schedules 2 and 3, except:

(i)          where a surveyor is called to a survey or inspection by the owner and is prepared to carry out such survey or inspection but is prevented from doing so by circumstances which it was within the power of the owner, his servants or agents to prevent, or

(ii)         where a surveyor is called upon to carry out a partial survey away from a normal survey centre for the purpose of the issue of a short-term certificate,

and in such event the fee in respect of expenses and subsistence shall be calculated at the rate for the time being in force in respect of such surveyor.

Part 2

Surveys other than in the State or Northern Ireland

(a)        The relevant survey fees together with a fee equivalent in amount to the surveyors' travelling and subsistence expenses shall be payable.

(b)        All fees and a deposit to cover travelling and subsistence expenses must be paid in advance in the case of surveys abroad and an undertaking given for the payment of any balance of fees and expenses connected with the service.

Part 3

Fees in respect of overtime

(1)        A fee in respect of overtime shall be calculated as follows:

(a)        €100 per hour, where a survey does not take place -

(i)        on a Saturday, Sunday or public holiday, or

(ii)        between 8 a.m. and 6 p.m;

(b)        €200 per hour, where all or part of a survey takes place on a Saturday Sunday or public holiday;

(c)        for periods of one hour or less than one hour, the fee will be charged as one hour at the appropriate overtime rate;

(d)        for periods exceeding one hour, one-quarter fee will be charged for each quarter or part quarter of an hour according to the appropriate rate but in no case shall the fee exceed the fee payable for 10 hours;

(e)        where service cannot be commenced at the hour stated in the application or cannot be completed without interruption or if there is a delay after completion, through no fault of the surveyor, the time during which the surveyor is kept waiting shall be charged at half the full appropriate overtime rate subject to a maximum fee of €1,000;

(f)        time occupied in travelling will not be deemed overtime except for time spent on a tender between the shore and the vessel and such time will be charged at half the full appropriate overtime rate;

and such overtime fees shall be payable in addition to any other fee set out in these Regulations.

(2)        Fees and expenses shall in every case be paid to the Superintendent of the Mercantile Marine Office concerned and an official receipt shall be issued by that Office in respect of all payments to which these Regulations apply.

 

GIVEN under my hand,

22 July 2005

 

 

 

Pat the Cope Gallagher,

Minister of State at the Department of Communications, Marine and Natural Resources.

The Minister for Finance hereby consents to the making of the foregoing Regulations.

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GIVEN under the Official Seal of the Minister for Finance, 21 July 2005

 

Brian Cowen

Minister for Finance.

EXPLANATORY NOTE

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

These Regulations introduce Fishing Vessel fees for surveying fishing vessels of 24 metres and over.

1 OJ No. L 34, 09/02/1998, p.1

2 OJ No. L 83, 27/03/1999, p.48

3 OJ No. L. 112, 27/04/2002, p. 21