S.I. No. 557/1998 - European Communities Merchant Shipping (Port Statecontrol) (Amendment) Regulations, 1998
I, Michael Woods, Minister for the 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 No. 98/25/EC of 27 April, 19981 and Commission Directive No. 98/42/EC of 19 June, 19982, hereby make the following Regulations: | ||
1 O.J. No. L133, 7.5. 1998, p. 19 | ||
2 O.J. No. L184,27.6 1998, p. 40 1. These Regulations may be cited as the European Communities Merchant Shipping (Port State Control) (Amendment) Regulations, 1998. 2. The European Communities Merchant Shipping (Port State Control) Regulations, 1998 ( S.I. No. 145 of 1998 ), are hereby amended - | ||
(a) in Regulation 2(1), by the substitution for the definition of "Directive" of the following definition - | ||
"Directive" means Council Directive No. 95/21/EC of 19 June 1995, as amended by Council Directive No. 98/25/EC of 27 April, 19983 and Commission Directive No. 98/42/EC of 19 June, 19984;", | ||
(b) in Regulation 6, by the substitution for paragraph (2) of the following paragraph: | ||
"(2) (a) In selecting ships for inspection, the Competent Authority shall give overriding priority to the ships referred to in Part I of Annex I. | ||
(b) In determining the order of priority for inspection of the other ships listed in Annex I, the Competent Authority shall use the ship's overall target factor referred to in Part II of Annex I.", and | ||
(c) after Regulation 10, by the insertion of the following regulation: | ||
"10A. (1) Where, in the course of an inspection which is being carried out under these Regulations, the master or owner of a ship to which the European Communities (Safety Management of Roll-on /Roll-off Passenger Ferries) Regulations, 1998 ( S.I. No. 413 of 1998 ), or the Merchant Shipping (International Safety Management) Regulations, 1998 ( S.I. No. 556 of 1998 ) applies fails to produce - | ||
(a) the Safety Management Certificate or the document of compliance as specified in those Regulations, or | ||
(b) where relevant, the acceptances referred to in Regulation 5 of the European Communities (Safety Management of Roll-on /Roll-off Passenger Ferries) Regulations, 1998, | ||
the Competent Authority shall cause the ship to be detained. | ||
(2) Notwithstanding the absence of the documentation referred to in paragraph (1), if the inspector finds no other deficiencies warranting detention, the Competent Authority may release the ship concerned from detention in order to avoid port congestion and shall immediately inform the competent authorities of the other Member States thereof. | ||
(3) Save where Regulation 12(3) applies, the port authorities in any port shall, where requested by the Competent Authority, refuse entry into the port concerned to a ship which has been released from detention by the Competent Authority under paragraph (2) until the owner or operator of the ship has provided evidence, to the satisfaction of the Competent Authority that the ship has - | ||
(a) a valid safety management certificate and valid document of compliance as specified in the European Communities (Safety Management of Roll-on /Roll-off Passenger Ferries) Regulations, 1988, or the Merchant Shipping (International Safety Management) Regulations, 1998, or | ||
(b) where relevant, the acceptances referred to in Regulation 5 of the European Communities (Safety Management of Roll-on /Roll-off Passenger Ferries) Regulations, 1998. | ||
(4) Save where Regulation 12(3) applies, the port authorities in any port shall, where requested by the Competent Authority, refuse entry into the port concerned to a ship in respect of which a detention order has been lifted by the competent authority of another Member State under Article 9a.2 of the Directive until the owner or operator of the ship has provided evidence, to the satisfaction of the competent authority of the Member State in which detention was ordered, that the ship has valid certificates issued in accordance with the International Management Code for the safe operation of ships and for pollution prevention (ISM Code).". | ||
Given under my Official Seal, this 30th day of December, 1998. | ||
Michael Woods | ||
Minister for the Marine and Natural Resources | ||
EXPLANATORY NOTE | ||
This Regulation gives effect to Council Directive 98/25/EC of 27 April, 19983 and Commission Directive 98/42/EC of 19 June, 19984. | ||
3 O.J. No. L133, 7.5. 1998, p. 19 | ||
4 O.J. No. L184,27.6 1998, p. 40 |