S.I. No. 301/1981 - European Communities (Entry Requirements For Tankers) Regulations, 1981.


I, PATRICK COONEY, Minister for Transport, in exercise of the powers conferred on me by section 3 of the European Comunities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to Council Directive No. 79/116/EEC(1) of the 21 December, 1978, as amended by Council Directive No. 79/1034/EEC of the 6 December, 1979(2) , hereby make the following Regulations:

1. These Regulations may be cited as the European Communities (Entry Requirements for Tankers) Regulations, 1981.

2. These Regulations shall come into operation on the 1st day of December, 1981.

3. In these Regulations—

“chemicals” means any substance listed in Chapter VI of the IMCO Code for ships carrying Dangerous Chemicals;

“gas” means any substance to which the IMCO Code for existing ships carrying Liquefied Gases and the IMCO Code for ships carrying Liquefied Gases apply;

“harbour” includes harbours so called (whether natural or artificial), estuaries, navigable rivers, piers, jetties and other works in or at which ships can obtain shelter or ship and unship goods or passengers;

“harbour authority” includes all persons being proprietors of, or entrusted with the duty, or invested with the powers of constructing, improving, managing, regulating, maintaining or lighting a harbour;

“master” means any person (other than a pilot) having command or charge of a tanker:

“oil” means petroleum in any form, including crude oil, fuel oil and refined products (other than a substance listed in Chapter VI of the said Code for ships carrying Dangerous Chemicals);

“tanker” means a ship in which the greater part of the cargo space is constructed or adapted for the carriage of chemicals, gas or oil in bulk;

“IMCO” means the Inter-Governmental Maritime Consultative Organisation;

“the IMCO Code for ships carrying Dangerous Chemicals” means the Code for the Construction and Equipment of Ships carrying Dangerous Chemicals in Bulk published by IMCO in London in 1977 (as amended by the 1st to 9th Amendments thereto);

“the IMCO Code for existing ships carrying Liquefied Gases” means the Code for Existing Ships carrying Liquefied Gases in Bulk published by IMCO in London in 1976 (as amended by the 1st to 3rd Amendments thereto);

“the IMCO Code for ships carrying Liquefied Gases” means the Code for the Construction and Equipment of Ships carrying Liquefied Gases in Bulk published by IMCO in London in 1976 (as amended by the 1st to 3rd Amendments thereto).

4. These Regulations apply to all tankers which have a gross registered tonnage of not less than 1,600 tons and which:

(a) are carrying a cargo of chemicals, gas or oil in bulk; or

(b) having previously carried such a cargo, have discharged that cargo but whose tanks are not free of vapours given off by residues of such cargo and have an atmosphere which has not been rendered non-flammable.

5. The master of a tanker to which these Regulations apply shall, before the tanker enters any harbour in the State, transmit to the harbour authority concerned the following information:—

(a) the name and call sign of the tanker;

(b) the country in which the tanker is registered;

(c) the overall length, draught and beam of the tanker;

(d) the estimated time of arrival of the tanker at the harbour;

(e) the nature and quantity of the cargo carried in the tanker;

(f) whether the tanker is fitted with an inert gas system;

(g) whether the inert gas system, if fitted, is fully operational;

(h) whether the cargo tanks have an atmosphere which has been rendered non-flammable;

(i) whether or not a certificate has been issued in respect of the tanker:

(i) if its cargo includes chemicals, that it complies with the IMCO Code for ships carrying Dangerous Chemicals; and

(ii) if its cargo includes gas, that it complies with the IMCO Code for existing ships carrying Liquefied Gases or with the IMCO Code for ships carrying Liquefied Gases.

6. The master of a tanker to which these Regulations apply shall, before the tanker enters any harbour in the State, accurately complete the tanker check list specified in the Schedule to these Regulations and shall give, or cause to be given, the completed check list to the pilot, if taken on board, and to the harbour authority of that harbour.

7. The master of a tanker to which these Regulations apply, whilst in the territorial waters adjacent to the port of entry or departure, shall inform the harbour authority of any defect in the hull, machinery or equipment of the tanker which may:—

(i) decrease the safe manoeuvrability of the vessel; or

(ii) affect the safety or easy flow of traffic in or in the vicinity of or in the approaches to the harbour; or

(iii) constitute a hazard to the marine environment; or

(iv) constitute a hazard to persons or property on land or in the vicinity of the harbour.

8. Any person who fails to comply with the provisions of these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500.

SCHEDULE

TANKER CHECK LIST

A.    Vessel Identification

Name of Vessel

Owner

Flag

Call sign

Year built

Port of Registry

Length overall

Gross tonnage

Classification society

Class notation

Hull

Machinery

Propulsion machinery

Output

Agent

Draught: forward

amidships

aft

Kind of cargo loaded (according to tank loading Volume of cargo loaded plan)

B. Safety installations aboard

in good working order

Deficiencies

Yes

No

1.   Construction and technical equipment

Main and auxiliary engines

Main steering gear

Auxiliary steering gear

Anchor gear

Fixed fire-extinguishing system

2.   Navigational equipment

Manoeuvring characteristics available

First radar installation

Second radar installation

Gyro compass

Standard magnetic compass

Radio direction-finding apparatus

Echo-sounding device

Other electronic position fixing aids

3.   Radio equipment

Radiotelegraphy installation

Radiotelephony installation (VHF)

Certificates/documents valid on board

C. Safety certificates and other documents

Yes

No

Cargo Ship Safety Construction Certificate

Cargo Ship Safety Equipment Certificate

Cargo Ship Safety Radiotelegraphy Certificate

Cargo Ship Safety Radiotelephony Certificate

Load Line Certificate

Classification Certificate

Oil Liability Certificate

Oil Record Book filled in

Certificate of fitness for the carriage of dangerous chemicals in bulk under the terms of the IMCO Code for the Construction and Equipment of Ships carrying Dangerous Chemicals in Bulk.

Certificate of fitness for the carriage of liquefied gases under the terms of the IMCO Code for Existing Ships carrying Liquefied Gases in Bulk or the IMCO Code for the Construction and Equipment of Ships carrying Liquefied Gases in Bulk.

D. Officers and ratings

Yes

No

Master

Chief Mate

Second Mate

Third Mate

Chief Engineer

First Engineer Officer

Second Engineer Officer

Third Engineer Officer

Radio Officer

Total number of ratings

deck

engine room

Signature of the master

or, if he is indisposed, of the

deputy.

Date

___________

_____________________

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GIVEN under my Official Seal, this 18th day of August, 1981.

PATRICK COONEY

Minister for Transport

EXPLANATORY NOTE.

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

These Regulations implement EEC Council Directive No. 79/116/EEC, as amended by Council Directive No. 79/1034/EEC, which prescribes minimum reporting requirements for certain oil, gas and chemical tankers entering or leaving Community ports.

(1) (1) OJ No. L33, 8.2. 1979, p. 33.

(2) OJ No. L315, 11.12. 1979, p.16.