S.I. No. 413/2004 - European Communities (Ship and Port Facilities) Regulations 2004

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) for the purposes of giving full effect to Regulation (EC) No. 725/2004 of the European Parliament and of the Council of 31 March 2004, hereby make the following regulations:

1. These Regulations may be cited as the European Communities (Ship and Port Facilities) Regulations 2004.

2. (1) In these Regulations—

“authorised officer” means a person appointed under Regulation 6 or an official mandated by the Commission of the European Communities to conduct an inspection under Article 9;

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

“(EC) Regulation” means Regulation (EC) No. 725/2004 of the European Parliament and of the Council of 31 March 2004¹ .

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

(3) In these Regulations—

(a)  a reference to the Regulation is a reference to a Regulation of these Regulations,

(b)  a reference to a paragraph or subparagraph is a reference to a paragraph or subparagraph of the provision in which the reference occurs, and

(c)  a reference to an Article is a reference to an Article of the (EC) Regulation,

unless otherwise indicated.

3. For the purposes of the (EC) Regulation the Minister is designated as the competent authority for maritime security and the focal point for maritime security.

4. (1) A company shall comply with the obligations of a company in respect of its ship under the ISPS Code.

(2) A ship security officer shall comply with the obligations of a ship security officer in respect of his or her ship under the ISPS Code.

(3) A port facility security officer shall comply with the obligation of a port facility security officer in respect of his or her port under the ISPS Code.

(4) The Minister may give directions to a company, a ship security officer or a port facility security officer to comply with the ISPS Code or Article 3.

(5) A person who, without reasonable excuse, fails to comply with a direction under paragraph (4) is guilty of an offence.

5. (1) A ship or a company shall provide information as required under Articles 6 and 7.

(2) Where a ship or company fails to provide information required of it under paragraph (1), the Minister may—

(a)  refuse the ship entry into the port concerned,

(b)  direct it to proceed to a specified location within the State, or

(c)  direct it to leave the territorial seas of the State (within the meaning of section 2 of the Maritime Jurisdiction Act 1959 (No. 22 of 1959)).

(3) The master or person in charge of a ship which fails to comply with paragraph (2) is guilty of an offence.

(4) A refusal to enter port or a direction under paragraph (2) may be communicated to the ship concerned by such method as the Minister considers appropriate in the circumstances.

6. (1) The Minister may appoint such and so many of his or her officers as he or she thinks fit to be authorised officers for the purposes of these Regulations and the (EC) Regulation.

(2) (a) An authorised officer shall be furnished with a warrant of his or her appointment.

(b)  When exercising a power conferred on an authorised officer, the officer shall, if required by any person affected, produce the warrant to that person for inspection.

(3) An authorised officer may for the purpose of ensuring that these Regulations and the (EC) Regulation, and in particular Articles 8 and 9, are being complied with—

(a)  at all reasonable times, board any ship or enter a port or the premises of a company and carry out such necessary inspections,

(b)  require the ship security officer, the master or other person in charge of the ship, the port facility security officer or the person in charge of the company's premises, as the case may be, to produce such certificates or information relating to the inspection which are in the person's power and control and to give him or her such information as the officer may require in relation to the inspection,

(c)  inspect and take copies of or extracts from any books, documents or records (including in the case of information in non-legible form a copy of or extract from such information in permanent legible form) found by or produced to the officer and relating to the inspection.

(4) A person who obstructs or impedes an authorised officer in carrying out an inspection for the purposes of this Regulation or Article 8 or 9 is guilty of an offence.

7. (1) A person shall not disclose information obtained for the purposes of these Regulations or the (EC) Regulation other than in accordance with the (EC) Regulation or in any legal proceedings.

(2) A person who, without reasonable excuse, contravenes paragraph (1) is guilty of an offence.

8. (1) A person guilty of an offence under these Regulations is liable on summary conviction to a fine not exceeding €3,000.

(2) Where an offence is committed under these Regulations by a body corporate and is proved to have been so committed with the consent, connivance or approval of or to have been attributable to the wilful neglect on the part of any person, being a director, manager, secretary or other officer of the body corporate or a person who was purporting to act in any such capacity, that person, as well as the body corporate, is guilty of an offence and is liable to be proceeded against and punished as if he or she was guilty of the first-mentioned offence.

EXPLANATORY NOTE.

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

The purpose of this Regulation is to facilitate the introduction and implementation of EU Regulation 725/2004 of the European Parliament and of the Council of 31 March 2004. The Council Regulation implements and introduces community measures which seek to enhance security on ships used for international and domestic shipping and the port facilities serving them.

¹ OJ No. L. 129, 29.04.04, p. 6.