S.I. No. 413/1998 - European Communities (Safety Management of Roll-On/Roll-Off Passenger Ferries) Regulations, 1998.
S.I. No. 413 of 1998. | ||
EUROPEAN COMMUNITIES (SAFETY MANAGEMENT OF ROLL-ON/ROLL-OFF PASSENGER FERRIES) 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 full effect to Council Regulation (EC) No. 3051/951 on the safety management of roll-on/roll-off passenger ferries (ro-ro ferries), hereby make the following regulations: | ||
1 O.J. No. L320 of 31.12.95,p. 14 1. (1) These Regulations may be cited as the European Communities (Safety Management of Roll-on/Roll-off Passenger Ferries) Regulations, 1998. | ||
(2) These Regulations shall come into operation on the 1st day of November, 1998. 2. (1) In these Regulations— | ||
"authorised officer" means — | ||
(a) a surveyor of ships under section 724 of the Merchant Shipping Act, 1894, or | ||
(b) a person, or a person belonging to a class of persons, authorised in writing by the Minister to perform the functions conferred on authorised officers by these Regulations; | ||
"the Council Regulation" means Council Regulation (EC) No. 3051/95 on the safety management of roll-on/roll-off passenger ferries (ro-ro ferries); | ||
" the Minister" means the Minister for the Marine and Natural Resources. | ||
(2) A word or expression that is used in these Regulations and is also used in the Council Regulation has the same meaning in these Regulations as it has in the Council Regulation. 3. The Minister, or a recognised organisation to which an authorisation has been granted under Regulation 4 of the European Communities (Ship Inspection and Survey Organisation) Regulations, 1998 ( S.I. No. 56 of 1998 ), as may be appropriate, shall issue documents of compliance and safety management certificates in accordance with the Council Regulation. 4. (1) Verifications under paragraph 3 of Article 5 of the Council Regulation and intermediate verifications under paragraph 4 of that Article may be carried out by an authorised officer. | ||
(2) In the performance of his functions under this Regulation or paragraph 3 or 4 of Article 5 of the Council Regulation, or for the purpose of ensuring that there has been compliance with the Council Regulation by a company, an authorised officer may — | ||
(a) enter any roll-on/roll-off passenger ferry, | ||
(b) inspect such ferry and any vehicle or thing carried on such ferry, | ||
(c) enter and search any premises within the State, the entry and search of which he considers necessary for the purpose of enabling him to perform his functions under this Regulation and the Council Regulation, or | ||
(d) require the master of a roll-on/roll-off ferry, or where an entry pursuant to a power conferred by subparagraph (c) of this paragraph is effected, the person in charge of the premises, to produce for inspection by him all documents kept on the ferry or in the premises, as the case may be, the inspection of which is considered by the surveyor of ships to be necessary for the purpose of enabling him to perform his functions under this Regulation and the Council Regulation. 5. (1) The Minister shall accept in writing a document of compliance issued by or on behalf of the administration of a third country if he is satisfied that it demonstrates compliance with the provisions of Regulation 5 of the Council Regulation. | ||
(2) The Minister shall accept in writing a safety management certificate issued by or on behalf of the administration of a third country if he is satisfied that it demonstrates compliance with the provisions of Regulation 5 of the Council Regulation. | ||
(3) An acceptance under paragraph (1) of this Regulation shall be in the form set out in Part I of the Schedule to these Regulations. | ||
(4) An acceptance under paragraph (2) of this Regulation shall be in the form set out in Part II of the Schedule to these Regulations. 6. (1) The Minister may, if of opinion that the operation by a company of a ro-ro ferry on a regular service constitutes a serious threat to the safety of life, property or the environment, by notice suspend the operation of such service. | ||
(2) Where the Minister suspends the operation of a service in accordance with paragraph (1) of this Regulation he shall so inform the Commission and the Member States in accordance with paragraph (a) of Article 7 of the Council Regulation. | ||
(3) A notice under this Regulation may be served on a company in one of the following ways, namely — | ||
(a) delivering it or sending it by registered prepaid post to the registered offices of the company in the State or where the company is not registered in the State, the company's place of business in the State, or | ||
(b) nailing or affixing it to the main mast or the single mast of a ferry owned or operated by the company or other conspicuous part of such ferry. | ||
(4) The Minister may, if of opinion that a threat referred to in paragraph (1) of this Regulation no longer exists, by notice revoke a suspension imposed in respect of the operation of a service referred to in the said paragraph. 7. A company shall not operate a ro-ro ferry to or from a port in the State unless that company hold— | ||
(a) a document of compliance and a safety management certificate issued by the Minister of a recognised organisation to which Regulation 3 applies, or the administration of another Member State or a recognised organisation acting on its behalf, or | ||
(b) a document of compliance and safety management certificate issued by or on behalf of the administration of a third country, and acceptances under paragraphs (3) and (4) of Regulation 5 of these Regulations. 8. (1) A company which contravenes a provision of the Council Regulation or these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding£1,500, or imprisonment for a term not exceeding 12 months. | ||
(2) Proceedings for an offense under these Regulations may be brought and prosecuted by the Minister. 9. Where an offence under these Regulations is committed by a company and is proved to have been committed with the consent or connivance of, or to be attributed to any neglect on the part of any director, manager, secretary or other officer of such company or a person who was purporting to act in any such capacity, that officer or person shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding£1,500 or to imprisonment for a period not exceeding 12 months. 10. A function conferred on the Minister by these regulations may be performed by an officer of the Minister duly authorised by him in that behalf. | ||
Given under my Official Seal this 15th day of October 1998 | ||
Michael Woods T.D. | ||
Minister for the Marine and Natural Resources | ||
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SCHEDULE | ||
PART 1 | ||
Acceptance of a document of compliance | ||
This is to certify that the document of compliance issued on the day of ,199 by (name of issuing body) in respect of (name of vessel) operated by (name of company) is hereby accepted in accordance with Council Regulation (EC) No. 3051/95 on the safety management of roll-on/roll-off passenger ferries (ro-ro ferries) and Regulation 5 of the European Communities (Safety Management of Roll-on/Roll-off Ferries) Regulations, 1998 (S.I. No. of 1998) | ||
Signed. | ||
_____________________ | ||
Authorised Officer appointed under the European Communities (Safety Management of Roll-on/Roll-off Ferries) Regulations, 1998 (S.I. No. 1998) | ||
Date:____________________ | ||
Part II | ||
Acceptance of Safety Management Certificate | ||
this is to certify that the safety management certificate issued on the day of ,199 by (name of issuing body) in respect of (name of vessel) operated by (name of company) is hereby accepted in accordance with Council Regulation (EC) no. 3051/95 on the safety management of roll-on/roll-off passenger ferries (ro-ro ferries) and Regulation 5 of the European Communities (Safety Management of Roll-on/Roll-off Ferries) Regulations, 1998 (S.I. No. of 1998) | ||
Signed | ||
_____________________ | ||
Authorised Officer appointed under the European Communities (Safety Management of Roll-on/Roll-off Ferries) Regulations, 1998 (S.I. No. 1998) | ||
Date:_________________ | ||
EXPLANATORY NOTE | ||
The purpose of this Regulation is to enhance the safe management, safe operation and pollution prevention of ro-ro passenger ferries operating to or from ports within the State. |