S.I. No. 347/2003 - European Communities (Safe Loading and Unloading of Bulk Carriers) Regulations 2003

I, DERMOT AHERN, Minister for Communications, 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 Directive 2001/96/EC of the European Parliament and of the Council of 4 December 2001¹ , as amended by Directive 2002/84/EC of the European Parliament and of the Council of 5 November 2002² hereby make the following regulations:

Citation

1. (a) These Regulations may be cited as the European Communities (Safe Loading and Unloading of Bulk Carriers) Regulations 2003.

(b) These Regulations come into operation on 1 March 2004.

Interpretation

2. (1) In these Regulations -

“authorised officer” means a person appointed under Regulation 16;

“BLU Code” means the Code of Practice for the Safe Loading and Unloading of Bulk Carriers, as contained in the Annex to Assembly Resolution A. 862 (20) of the International Maritime Organisation of 27 November 1997, as it stood on 4 December 2001;

“bulk carrier” has the meaning given to it by Regulation 1.6 of Chapter IX of the 1974 SOLAS Convention and interpreted by Resolution 6 of the 1997 Conference of Contracting Governments to the SOLAS Convention of November 1997 being one of the following-

(a) a ship constructed with single deck, top-side tanks and hopper-side tanks in cargo spaces and intended primarily to carry dry cargo in bulk, or

(b) an ore carrier, meaning a sea-going single deck ship having two longitudinal bulkheads and a double bottom throughout the cargo region and intended for the carriage of ore cargoes in the centre holds only, or

“cargo declaration form” has the meaning given to it by Regulation 8(5);

“competent authority” is to be construed in accordance with Regulation 4;

“Directive” means Directive 2001/96/EC of the European Parliament and of the Council of 4 December 2001 as amended by Directive 2002/84/EC of the European Parliament and of the Council of 5 November 2002;

“Directorate” means the Maritime Safety Directorate of the Department of Communications Marine and Natural Resources;

“dry cargo in bulk” has the same meaning as “solid bulk cargo”;

“information book” has the meaning given to it by Regulation 6(2);

“Marine Survey Office” means the Marine Survey Office of the Department of Communications, Marine and Natural Resources;

“master” means the person who has command of a bulk carrier, or the ship's officer designated by the master to be responsible for loading or unloading the bulk carrier;

“Minister” means the Minister for Communications, Marine and Natural Resources;

“plan” has the meaning given to it by Regulation 10(1);

“quality management system” has the meaning given to it by Regulation 6(3);

“revised plan” has the meaning given to it by Regulation 10(4);

“SOLAS Convention” means the International Convention for the Safety of Life at Sea (SOLAS), 1974, (which was adopted on 1 November 1974 and entered into force on 25 May 1980, and was amended by Protocols adopted on 17 February 1978 (1978 SOLAS Protocol and 11 November 1988 (1988 SOLAS Protocol), and as amended by resolutions adopted by the IMO'S Maritime Safety Committee or by conferences of SOLAS Contracting Governments) in its up to date version;

“solid bulk cargo” means any material, other than liquid or gas, consisting of a combination of particles, granules or any larger pieces of material, generally uniform in composition which is loaded directly into the cargo spaces of a ship without any intermediate form of containment, but does not mean grain;

“terminal” means any fixed, floating or mobile facility equipped and used for the loading or unloading of dry cargo in bulk into or from bulk carriers;

“terminal operator” means the owner of a terminal, or any person to whom such an owner has transferred the responsibility for loading or unloading operations conducted at the terminal concerned for a particular bulk carrier;

“terminal representative” means a competent and experienced person appointed by a terminal operator, with overall responsibility for, and authority to control the preparation, conduct and completion of loading or unloading operations at the terminal concerned in relation to any bulk carrier.

(2) A word or expression that is used in these Regulations and is also used in the Directive has, unless the contrary intention appears, the same meaning in these Regulations as it has in the Directive.

(3) A reference in these Regulations to -

(a) a Regulation or a Schedule is a reference to a Regulation of, or a Schedule to these Regulations, unless it is indicated that reference to some other provision is intended,

(b) a paragraph or subparagraph is a reference to the paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended and

(c) an Article is a reference to an Article of the Directive, unless it is indicated that reference to some other Directive is intended.

Scope

3. (1) These Regulations apply to -

(a) bulk carriers, irrespective of their flag state of registration, calling at a terminal for the loading or unloading of solid bulk cargoes, and,

(b) terminals in Member States visited by bulk carriers falling under the scope of the Directive.

(2) Without prejudice to the provisions of Regulation 7 of Chapter VI of the 1974 SOLAS Convention, these Regulation do not apply to terminals used only intermittently for loading and unloading dry cargo in bulk into or from bulk carriers, and do not apply where the loading or unloading is carried out solely with the equipment of the bulk carrier concerned.

Competent authority

4. (1) The Directorate is designated as the competent authority in the State for the purposes of these Regulations and the Directive.

(2) A function conferred on the Directorate by these Regulations may be performed by an authorised officer.

Requirements in relation to the operational suitability of bulk carriers

5. Before the loading or unloading of a solid bulk cargo onto or from a bulk carrier is commenced at a terminal, the terminal operator concerned must be satisfied that the bulk carrier complies with the requirements set out in Schedule 1.

Requirements in relation to suitability of terminals

6. (1) Before the loading or unloading of a solid bulk cargo onto or from a bulk carrier is commenced at a terminal, the Terminal Operator concerned -

(a) must be satisfied that -

(i) the terminal complies with all of the requirements set out in Schedule 2,

(ii) information books are furnished to the master of the bulk carrier,

(iii) a quality management system for the terminal has been developed and implemented and is being maintained.

(b) a terminal representative is appointed.

(2) In these Regulations “information books” means documents containing the following as set out in Appendix 1, paragraph 1.2 of the BLU Code:

(a) requirements of the terminal,

(b) requirements of the Directorate,

(3) (a) In these Regulations “quality management system” means a quality management system that is:

(i) certified in accordance with ISO 9001:2000, and

(ii) audited in accordance with ISO 10011:1991

(b) In paragraph (a), ISO 9001:2000 means the International Standard ISO 9001:2000 of the International Organisation for Standardisation and ISO 10011:1991 means the International Standard ISO 10011:1991 of the International Organisation for Standardisation.

(4) A terminal operator, in relation to the terminal which he or she owns or for which he or she is responsible shall -

(a) develop and implement a quality management system in respect of it before 1 March 2007,

(b) obtain certification of it under paragraph (3)(a)(i) before 1 March 2008.

Temporary authorisation

7. (1) Subject to paragraph (2), a terminal operator may load or unload a bulk cargo at a newly established terminal and shall not be required to comply with Regulation 6(1)(a) during the period of 12 months from the establishment of the terminal concerned.

(2) If so requested by the Directorate at any time during the period of 12 months from the establishment of the terminal concerned, the terminal operator concerned shall furnish to it particulars of the quality management system that is proposed for that terminal.

Responsibilities of Masters

8. (1) A master shall be responsible at all times for the safe loading and unloading of the bulk carrier under his command.

(2) As early as possible before the time that a bulk carrier is due to arrive at a terminal, its master shall provide the information set out in Schedule 3 to the terminal.

(3) Before any solid bulk cargo is loaded, the master of the bulk carrier concerned shall ensure that he or she has received the following from an appropriate person such as the shipper of the cargo-

(i) the cargo information as required by Regulation 2.2 of Chapter VI of the SOLAS Convention, and

(ii) where required, a solid bulk cargo density declaration which shall be contained in a cargo declaration form.

(4) Before loading or unloading starts, and during that loading or unloading, the master shall perform the duties set out in Schedule 4.

(5) In these Regulations, “cargo declaration form” means the form set out in Appendix 5 of the BLU code.

Responsibilities of the Terminal Representative

9. (1) On receipt of the first notification from a bulk carrier of its estimated time of arrival at a terminal, the terminal representative for the terminal shall provide the master of the bulk carrier with the information set out in Schedule 5.

(2) The terminal representative for the terminal shall, as soon as possible, satisfy himself or herself that the master of the bulk carrier referred to in paragraph (1) is aware of the information contained in the cargo declaration form.

(3) If the terminal representative becomes aware of conditions on board a bulk carrier that could endanger the safe loading or unloading of solid bulk cargoes, he or she shall immediately notify the master and the Marine Survey Office, being the competent authority within the meaning of Regulation 2 of the European Communities Merchant Shipping (Port State Control) Regulations 1998 ( S.I. No. 145 of 1998 ) (as amended by the European Communities Merchant Shipping (Port State Control) (Amendment) Regulations 1998 (S.I. No. 557 of 1998 ), the European Communities Merchant Shipping (Port State Control) (Amendment) Regulations 2001 ( S.I. No. 213 of 2001 ) and the European Communities (Port State Control) (Amendment) Regulations 2003 ( S.I. No. 243 of 2003 )).

(4) Before loading or unloading of the bulk carrier referred to in paragraph (1) starts, and during that loading or unloading, the terminal representative shall perform the duties set out in Schedule 6.

Procedures between bulk carriers and terminals

10. (1) Before the loading or unloading of a solid bulk cargo starts-

(a) the master of the bulk carrier concerned, and the terminal representative of the terminal concerned, shall agree on a loading or unloading plan, as appropriate, that is in accordance with Regulation 7.3 of Chapter VI of the SOLAS Convention (the “plan”), and

(b) that master and terminal representative shall each sign the plan as so agreed.

(2) The plan referred to in paragraph (1) shall be prepared in the form laid down in Appendix 2 of the BLU code and shall contain the International Maritime Organisation (IMO) Number of the bulk carrier concerned.

(3) Subject to paragraph (4), the plan may be changed by agreement between the master of the bulk carrier concerned and the terminal representative of the terminal concerned.

(4) If, in the opinion of the master of the bulk carrier concerned or the terminal representative of the terminal concerned, any change to the plan affects the safety of the bulk carrier or its crew, the master and the terminal representative shall agree on a new plan, and each shall sign it (the “revised plan”).

(5) Subject to paragraph (6), the master of the bulk carrier concerned and the terminal representative of the terminal concerned, shall load or unload the bulk carrier in accordance with the plan or revised plan that applies.

(6) (a) Without prejudice to the generality of paragraph (5), the terminal representative of the terminal concerned shall be responsible for loading or unloading the solid bulk cargo in accordance with the hold order, quantity and rate of loading or unloading stated in the plan or revised plan.

(b) Any change to the hold order, quantity, and rate of loading or unloading referred to in subparagraph (a) shall be subject to the prior written agreement of the master of the bulk carrier concerned.

(7) Immediately after loading or unloading of the bulk carrier is completed, the master of the bulk carrier and the terminal representative of the terminal concerned shall sign an agreement confirming that -

(a) the loading or unloading was done in accordance with the plan or revised plan, as applicable,

(b) in the case of unloading,

(i) if the cargo holds have been emptied and cleaned that it has been done to the satisfaction of the master, and

(ii) a record of any damage done to the bulk carrier and repairs carried out to it has been made.

(8) The plan and any revised plans or copies of them shall be kept on board the bulk carrier concerned and at the terminal concerned for 6 months following the completion of the relevant loading or unloading and shall be made available for inspection by the Directorate on request by it.

Ship to shore safety checklist.

11. Prior to the loading or unloading of a bulk carrier, the master concerned and the terminal representative concerned, shall jointly complete and sign a ship to shore safety checklist, being the checklist referred to in section 4 of the BLU Code, and contained in Appendix 3 to that Code.

Communication.

12. Throughout the stay of a bulk carrier at a terminal, a system of communication that is acceptable to the master of the bulk carrier and the terminal representative concerned and that ensures prompt communication between those parties, shall be put in place and maintained.

Functions of the Directorate

13. In addition to the functions conferred on the Directorate by these Regulations, it shall if it considers it appropriate to do so:

(a) prevent or halt any loading or unloading of a bulk carrier where it is of opinion that the safety of the bulk carrier or its crew would be endangered by the loading or unloading,

(b) resolve any disagreement of which it is aware between a master of a bulk carrier and a terminal representative in relation to procedures to be followed, as set out in Regulations 10 to 12, if it considers that such a resolution is necessary for the purposes of safety or marine environment or both.

Repair

14. (1) Where damage occurs to the structure or equipment of a bulk carrier during loading or unloading, it shall be reported by the terminal representative of the terminal concerned to the master of the bulk carrier and, if necessary, the damage shall be repaired.

(2) If the damage referred to in paragraph (1) could impair the structural capability or watertight integrity of the hull, or the essential engineering systems of the bulk carrier, the terminal representative concerned, or the master concerned, or both of them, shall notify that damage to -

(a) the central authority responsible for bulk carriers of the flag state of registration of the bulk carrier and

(b) the Marine Survey Office.

(3) (a) The Marine Survey Office shall decide, in relation to any damage referred to at paragraph (1), whether repair of the damage should be carried out immediately or deferred.

(b) In making the decision referred to at subparagraph (a), the Marine Survey Office shall take due account of the opinions of -

(i) the central authority responsible for bulk carriers of the flag state of registration of the bulk carrier concerned or an organisation recognised by that authority and acting on its behalf, and

(ii) the master of the bulk carrier.

(c) (i) The Marine Survey Office may request a recognised organisation (within the meaning of Article 4 of Council Directive 94/57/EC³ and recognised by it within the meaning of that Article of that Directive) to carry out an inspection of the damage referred to in subparagraph (a), and report in writing to the Marine Survey Office its findings and any recommendations in relation to repairs of the damage and when they should be carried out.

(ii) The Marine Survey Office may rely on the report under subparagraph (i) in reaching its decision under paragraph (3).

(4) This Regulation is without prejudice to the European Communities Merchant Shipping (Port State Control) Regulations 1998 to 2003.

Inspections by the Directorate

15. (1) The Directorate may inspect terminals in order to satisfy itself as to compliance with these Regulations and in particular with Regulations 6(1), 8 (2) and 9.

(2) During loading or unloading of a bulk carrier, the Directorate may carry out an inspection without giving prior notification of the inspection to any relevant persons or undertakings.

(3) The Directorate may inspect a terminal to ensure that quality management systems are in place and complied with pursuant to these Regulations.

Authorised officers

16. (1) The Minister may appoint persons to be authorised officers for the purposes of these Regulations and the Directive.

(2) (a) An authorised officer shall be furnished with a warrant of the officer's appointment ,

(b) If requested by any person affected, when exercising any power conferred on an authorised officer by these Regulations, an authorised officer shall produce the warrant to the person.

(3) An appointment of an authorised officer shall cease where the Minister revokes the appointment or, where it is for a fixed period, upon the expiry of that period.

(4) For the purposes of these Regulations and the Directive, an authorised officer may -

(a) at all reasonable times board any bulk carrier or enter any premises or place at a terminal, for the purposes of carrying out a check or inspection under these Regulations,

(b) search and inspect the bulk carrier, premises or place at a terminal and any documents or records found on board the bulk carrier or at the place or in the premises,

(c) require any person on board the bulk carrier, or at any premises or place at the terminal, to produce to the authorised officer any report document or record (including, in the case of information in a non-legible form, a copy of the information or of extracts from it in permanent legible form) kept or used for a purpose connected with a bulk carrier or terminal,

(d) inspect, examine and take copies of or extracts from or take away, if necessary, for the purposes of inspection or examination, any report document or record (including, in the case of information in a non-legible form, a copy of the information or of extracts from it in permanent legible form) kept or used in connection with a bulk carrier or terminal and require the person by whom such document or record is kept or who produced the document or record to certify a copy thereof as a true copy,

(e) inspect and copy or extract information from any data (within the meaning of the Data Protection Act 1988 ), found or produced to the officer under this Regulation,

(f) seek information required for the purposes of his or her functions from a person being the master, an officer of the company that operates the bulk carrier, any shipper of cargo to be loaded or unloaded at the terminal, the terminal representative, the terminal operator or any employees, or agents of the person,

(g) undertake, or arrange for the undertaking, of the examination, testing processing or dismantling of any equipment on board the bulk carrier or at the terminal, as may be necessary.

(5) For the purpose of his or her functions under paragraph (3), an authorised officer may detain any bulk carrier for such time as is reasonably required for that purpose.

(6) Where the Directorate is satisfied that an authorised officer has, in good faith duly exercised a power conferred on him or her by or under these Regulations, the Directorate shall indemnify the officer against all actions or claims however arising in respect of the exercise by the officer of that power.

(7) Where he or she considers it necessary, an authorised officer appointed under these Regulations, may be accompanied by a member of the Garda Síochana when exercising any powers conferred on an authorised officer by these Regulations.

(8) A person who obstructs or interferes with an authorised officer when the officer is exercising a power under this Regulation, or who fails or refuses to comply with a request or requirement of an authorised officer under this Regulation is guilty of an offence.

(9) A person who wilfully gives to an authorised officer information which he or she knows to be false or misleading in a material respect, or makes any such false or misleading statement reckless as to its truth or otherwise, is guilty of an offence.

(10) A person guilty of an offence under paragraph (7) or (8) shall be liable on summary conviction to a fine not exceeding €3000.

Prosecution of offences

17. An offence under these Regulations may be prosecuted by the Minister.

Offence by body corporate

18. Where an offence under these Regulations is committed by a body corporate or by a person acting on behalf of a body corporate and is proved to have been so committed with the consent, connivance or approval of, or to have been facilitated by any neglect on the part of any director, manager, secretary or any other officer of such body or a person who was purporting to act in any such capacity, such person is also guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

Schedule 1

REQUIREMENTS IN RELATION TO THE OPERATIONAL SUITABILITY OF BULK CARRIERS FOR LOADING AND UNLOADING SOLID BULK CARGOES

Regulation 5

Bulk carriers calling in a terminal for the loading or unloading of solid bulk cargoes shall comply with the following:

1. the cargo hold and hatch openings are of sufficient size and such design to enable the solid bulk cargo to be loaded, stowed, trimmed and unloaded satisfactorily,

2. (a) the cargo hold hatch identification numbers are those used in the loading or unloading plan.

(b) the location, size and colour of the numbers are clearly visible to and identifiable by the person who operates the loading or unloading equipment at the terminal concerned,

3. the cargo hold hatches, hatch operating systems and safety devices are in good functional order and used only for their intended purpose,

4. list indicating lights, if fitted, are tested prior to loading or unloading and proved to be operational,

5. where the bulk carrier is required to have an approved loading instrument on board the instrument is duly certified and operational to carry out stress calculations during loading or unloading,

6. propulsion and auxiliary machinery is in good functional order,

and

7. deck equipment related to mooring and berthing operations is operable and in good order and condition.

SCHEDULE 2

REQUIREMENTS IN RELATION TO THE SUITABILITY OF TERMINALS FOR LOADING AND UNLOADING SOLID BULK CARGOES

Regulation 6

1. Terminals shall only accept bulk carriers for loading or unloading of solid bulk cargoes at their terminal that can safely berth alongside the loading or unloading installation, taking into consideration water depth at the berth, maximum size of the ship, mooring arrangements, fendering, safe access and possible obstructions to loading or unloading operations.

2. Terminal loading and unloading equipment shall be properly certified and maintained in good order, in compliance with the relevant regulations and standards, and only operated by persons who are duly qualified and, if appropriate, who can furnish documentary evidence of that qualification.

3. All persons working at the terminal shall be trained in all aspects of safe loading and unloading of bulk carriers commensurate with their responsibilities. The training shall be designed to provide familiarity with the general hazards of loading and unloading of solid bulk cargoes and the adverse effect that improper loading and unloading operations may have on the safety of the bulk carrier.

4. All persons working at the terminal involved in the loading and unloading operations shall be provided with and use appropriate protective equipment and shall be duly rested to avoid accidents due to fatigue.

SCHEDULE 3

INFORMATION TO BE PROVIDED BY THE MASTER TO THE TERMINAL

Regulation 8(2)

1. As soon as possible before a bulk carrier is due to arrive at a terminal, its master shall provide the bulk carrier's estimated time of arrival off the port to the terminal, which information shall be updated as appropriate,

2. Immediately on arrival of the bulk carrier at a terminal the master shall provide the following to the terminal:

(a) the name, call sign, International Maritime Organisation (IMO) number, flag and port of registry,

(b) the loading or unloading plan, stating the quantity of cargo, stowage by hatches, loading or unloading order and the quantity to be loaded in each pour or unloaded in each stage of the discharge,

(d) the time required for ballasting or de-ballasting,

(e) the bulk carrier's length overall, beam, and length of the cargo area from the forward coaming of the forward-most hatch to the after coaming of the aft-most hatch into which cargo is to be loaded or from which cargo is to be unloaded,

(f) the distance from the waterline to the first hatch to be loaded or unloaded and the distance from the bulk carrier's side to the hatch opening,

(g) the location of the bulk carrier's accommodation ladder,

(h) the air draught,

(i) the details and capacities of bulk carrier's cargo-handling gear, if any,

(j) the number and type of mooring lines,

(k) any specific requests, such as for trimming or continuous measurement of the water content of the cargo,

(l) the details of any necessary repairs which may delay berthing, the commencement of loading or unloading, or the bulk carrier from sailing on completion of loading or unloading,

and

(m) any other information related to the bulk carrier requested by the terminal.

SCHEDULE 4

DUTIES OF THE MASTER BEFORE AND DURING LOADING OR UNLOADING OPERATIONS

Regulation 8(4)

Before loading and unloading of a bulk carrier starts, and during the loading or unloading operations, the master concerned shall ensure that:

1. the loading or unloading of cargo and the discharge or intake of ballast water is under the control of the bulk carrier's officer in charge,

2. the disposition of cargo and ballast water is monitored throughout the loading or unloading process to ensure that the bulk carrier's structure is not overstressed,

3. the bulk carrier is kept upright or, if a list is required for operational reasons, it is kept as small as possible,

4. the bulk carrier remains securely moored, taking due account of local weather conditions and forecasts,

5. sufficient officers and crew are retained on board the bulk carrier to attend to the adjustment of the mooring lines or for any normal or emergency situation, having regard to the need of the crew to have sufficient rest periods to avoid fatigue,

6. the terminal representative concerned is made aware of the cargo trimming requirements, which shall be in accordance with the procedures of the International Maritime Organisation (IMO) Code of Safe Practice for Solid Bulk Cargoes,

7. the terminal representative concerned is made aware of the requirements for harmonisation between de-ballasting or ballasting and cargo loading or unloading rates for his or her bulk carrier and of any deviation from the de-ballasting or ballasting plan or any other matter which may affect cargo loading or unloading,

8. (a) the ballast water is discharged at rates which conform to the agreed loading plan and does not result in flooding of the quay or of adjacent craft,

(b) where it is not practical for the bulk carrier to completely discharge its ballast water prior to the trimming stage in the loading process, he or she agrees with the terminal representative on the times at which loading may need to be suspended and the duration of such suspensions,

9. there is agreement with the terminal representative concerned as to the actions to be taken in the event of rain, or other change in the weather, when the nature of the cargo would pose a hazard in the event of such a change,

10. no hot work is carried out on board or in the vicinity of the bulk carrier while it is alongside the berth, except with the permission of the terminal representative concerned and in accordance with any requirements of the Directorate,

11. there is close supervision of the loading or unloading operation and of the bulk carrier during final stages of the loading or unloading,

12. the terminal representative concerned is warned immediately if the loading or unloading process has caused damage, has created a hazardous situation, or is likely to do so,

13. the terminal representative concerned is advised when final trimming of the bulk carrier has to commence in order to allow for the conveyor system to run-off,

14. the unloading of the port side closely matches that of the starboard side in the same hold to avoid twisting the bulk carrier's structure,

and

15. when ballasting one or more holds, account is taken of the possibility of the discharge of flammable vapours from the holds and precautions are taken before any hot work is permitted adjacent to or above these holds.

SCHEDULE 5

INFORMATION TO BE PROVIDED BY THE TERMINAL TO THE MASTER

Regulation 9 (1)

1. On receipt of the first notification from a bulk carrier of the estimated time that it is to arrive at a terminal, the terminal representative concerned shall provide the master concerned with the following:

(a) Subject to paragraph 2, the name of the berth at which loading or unloading will take place and the estimated times for berthing and completion of loading or unloading,

(b) the characteristics of loading or unloading equipment, including the terminal's nominal loading or unloading rate and the number of loading or unloading heads to be used, as well as the estimated time required to complete each pour or, in the case of unloading, the estimated time required for each stage of the discharge,

(c) features on the berth or jetty that the master may need to be aware of including the position of fixed and mobile obstructions, fenders, bollards and mooring arrangements,

(d) subject to paragraph 2, the minimum depth of water alongside the berth and in approach and departure channels,

(e) the water density at the berth,

(f) the maximum distance between the water line and the top of the cargo hatch covers or coamings, as relevant to the loading or unloading operation, and the maximum air draught,

(g) the arrangements for gangways and access,

(h) which side of the bulk carrier is to be alongside the berth,

(i) the maximum allowable speed of approach to the jetty and availability of tugs, their type and bollard pull,

(j) the loading sequence for different parcels of cargo, and any other restrictions if it is not possible to take the cargo in any order or any hold to suit the bulk carrier,

(k) any properties of the cargo to be loaded which may present a hazard when placed in contact with cargo or residues on board,

(l) advance information on the proposed loading or unloading operations or changes to existing plans for loading or unloading,

(m) whether the terminal's loading or unloading equipment is fixed, or has any limits to its movement,

(n) mooring lines required,

(o) a warning of unusual mooring arrangements,

(p) any restrictions on ballasting or de-ballasting,

(q) maximum sailing draught permitted by the Directorate,

and

(r) any other item relating to the terminal that is requested by the master.

2. (a) Information on estimated times for berthing and departure and on minimum water depth at the berth shall be progressively updated and passed to the master on receipt of successive information about the estimated time of arrival of the bulk carrier.

(b) Information on minimum water depth in approach and departure channels shall be provided by the terminal or the Directorate, as appropriate.

Schedule 6

DUTIES OF THE TERMINAL REPRESENTATIVE BEFORE LOADING OR UNLOADING OF A BULK CARRIER STARTS, AND DURING LOADING OR UNLOADING OPERATIONS

Regulation 9 (4)

Before loading or unloading of a bulk carrier starts, and during the loading or unloading, the terminal representative shall -

1. provide the master with the names and procedures for contacting all the persons working at the terminal, or the shipper's agent who will have the responsibility for the loading or unloading operation and with whom the master will have contact,

2. take all precautionary measures to avoid damage to the bulk carrier by the loading or unloading equipment and inform the master if damage occurs,

3. ensure the bulk carrier is kept upright or, if a list is required for operational reasons that it shall be kept as small as possible,

4. ensure that unloading of the port side closely matches that of the starboard side in the same hold to avoid twisting the bulk carrier,

5. in the case of high density cargoes, or when the individual grab loads are large, alert the master that there may be high, localised impact loads on the bulk carrier's structure until the tank top is completely covered by cargo, especially when high free-fall drops are permitted and that special care should be taken at the start of the loading operation in each cargo holds,

6. ensure that there is agreement between the master and the terminal representative concerned at all stages and in relation to all aspects of the loading or unloading operations and that the master is advised on any change to the agreed loading rate, and at the completion of each pour of the weight loaded,

7. maintain a record of the weight and disposition of the cargo loaded or unloaded and ensure that the weights in the holds do not deviate from the agreed loading or unloading plan,

8. ensure that the cargo is trimmed, when loading or unloading, to the master's requirements,

9. ensure that the quantities of cargo required to achieve the departure draft and trim shall allow for all cargo on the terminal's conveyor systems to be run off and emptied on completion of a loading, for that purpose the terminal representative shall advise the master of the nominal tonnage contained on the terminal's conveyor system and any requirements for clearing the conveyor system on completion of the loading,

10. in the case of unloading, give the master the maximum warning when it is intended to increase, or to reduce, the number of unloading heads used and advise the master when unloading is considered to be completed from each hold,

and

11. ensure that no hot work is carried out on board or in the vicinity of the bulk carrier while it is alongside the berth, except with the permission of the master and in accordance with any requirements of the Directorate.

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GIVEN under my Official Seal,

22 July 2003.

Dermot Ahern

Minister for Communications, Marine and Natural Resources

EXPLANATORY NOTE

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

These Regulations give effect to Council Directive 2001/96/EC of the European Parliament and of the Council of 4^th December 2001, as amended by Directive 2002/84/EC of the European Parliament and of the Council of 5 November 2002.

The main purpose of the Regulations is to enhance the safety of bulk carriers calling at terminals in the Member States in order to load and unload solid bulk cargoes, by reducing the risks of excessive stresses and physical damage to the ship's structure during loading or unloading, through the establishment of:

1. harmonised suitability requirements for those ships and terminals; and

2. harmonised procedures for cooperation and communication between ships and terminals.

¹O.J. No. L013, 16/01/2002 p0009-0020

²O.J. No. L324, 29/11/2002 p0053-0058

³O.J. No. L319 pp0020-0027