European Communities (Minimum Requirements For Vessels Carrying Dangerous Or Polluting Goods) Regulations, 1995

• Jurisdiction: Ireland

S.I. No. 229 of 1995.
EUROPEAN COMMUNITIES (MINIMUM REQUIREMENTS FOR VESSELS CARRYING DANGEROUS OR POLLUTING GOODS) REGULATIONS, 1995.
I, SEAN BARRETT, Minister for the Marine, 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. 93/75/EEC(1) of 13 September, 1993, and the Communications (Transfer of Departmental Administration and Ministerial Functions) Order, 1987 ( S.I. No. 91 of 1987 ), hereby make the following Regulations:
	1 Citation, commencement and revocation.	1. These Regulations may be cited as the European Communities (Minimum Requirements for Vessels Carrying Dangerous or Polluting Goods) Regulations, 1995 and shall come into operation on the 13th day of September, 1995.
	2 ..	2. The European Communities (Entry Requirements for Tankers) Regulations, 1981 ( S.I. No. 301 of 1981 ), are hereby revoked.
	3 Interpretation.	3. (1) In these Regulations:—
"Council Directive" means Council Directive 93/75/EEC concerning minimum requirements for vessels bound for or leaving community ports and carrying dangerous or polluting goods;
"dangerous goods" means goods classified in the IMDG Code, in Chapter 17 of the IBC Code and in Chapter 19 of the IGC Code;
"IBC Code" means the IMO International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk, as it is in force at the time of adoption of the Council Directive;
"IGC Code" means the IMO International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk, as it is in force at the time of adoption of the Council Directive;
(1)OJ L247 of 5.10.1993 p. 19.
"IMDG Code" means the IMO International Maritime Dangerous Goods Code, as it is in force at the time of adoption of the Council Directive;
"IMES" means the Irish Marine Emergency Service of the Department of the Marine;
"IMO" means the International Maritime Organisation;
"IMO Resolution A. 648 (16)" means the International Maritime Organisation Resolution 648 (16) adopted by the Assembly at its sixteenth session on 19 October, 1989 and entitled "General Principles for Ship Reporting Systems and Ship Reporting Requirements, including Guidelines for Reporting Incidents Involving Dangerous Goods, Harmful Substances and/or Marine Pollutants", as it is in force at the time of adoption of the Council Directive;
"Local Competent Authority" means an authority designated by the Minister as such in accordance with Regulation 5 of these Regulations and listed in Part B of the First Schedule to these Regulations;
"Marine Notice" means a Notice described as such issued by the Department of the Marine and which may be amended or replaced from time to time;
"MARPOL" means the International Convention for the Prevention of Pollution from Ships, 1973 done at London on the 2nd day of November, 1973 as amended by the Protocol thereto done at London on the 17th day of February, 1978, as it is in force at the time of adoption of the Council Directive;
"National Competent Authority" means an authority designated by the Minister as such in accordance with Regulation 5 of these Regulations and listed in Part A of the First Schedule to these Regulations;
"operator" includes the owner, charterer, manager or agent of the vessel;
"polluting goods" means all or any of the following:
( a ) oils as defined in MARPOL Annex 1,
( b ) noxious liquid substances as defined in MARPOL Annex 2,
( c ) harmful substances as defined in MARPOL Annex 3;
"shipper" means any person by whom or in whose name or on whose behalf a contract of carriage of goods by sea has been concluded with a carrier;
"vessel" means any cargo vessel, oil, chemical or gas tanker or passenger vessel bound for or leaving a port within the Community and carrying dangerous or polluting goods in bulk or in packaged form.
(2) A word or expression that is used in these Regulations and is also used in the Council Directive has unless the contrary intention appears, the same meaning in these Regulations that it has in the Council Directive.
	4 Application.	4. These Regulations apply to all cargo vessels, oil, chemical or gas tankers and passenger vessels bound for or leaving a port within the Community and carrying dangerous or polluting goods in bulk or in packaged form but shall not apply to:
( a ) warships and other State ships used for non-commercial purposes; and
( b ) bunkers, stores and equipment for use on board ships.
	5 Designation.	5. ( a ) IMES is for the purposes of these Regulations hereby designated and shall be the National Competent Authority listed in Part A of the First Schedule to whom the information and notifications provided for in paragraph (a) of Regulation 7, paragraph (c) of Regulation 9 and paragraph (a) of Regulation 11 of these Regulations shall be addressed.
( b ) The authorities listed in Part B of the First Schedule to these Regulations are for the purposes of these Regulations hereby designated and shall be the Local Competent Authorities to whom the information and notifications provided for in paragraphs (a), (b) and (d) of Regulation 9, Regulation 10 and paragraphs (b) and (c) of Regulation 12 of these Regulations shall be addressed.
	6 Duties of the National Competent Authority and the Local Competent Authorities.	6. IMES and Local Competent Authorities shall make adequate arrangements, as approved by the Minister, to provide, for reasons of safety, such information, as notified in accordance with Regulations 9 and 11 of these Regulations, at any time upon request by a National Competent Authority or a Local Competent Authority of another Member State.
	7 ..	7. ( a ) Notwithstanding paragraph (a) of Regulation 11, the appropriate Local Competent Authority shall notify IMES of any incident notified to that authority under these Regulations and any information with regard to any vessel which poses a threat to life, shipping or the marine environment.
( b ) IMES shall notify another Member State where there is a risk of a hazard being posed to maritime or coastal zones within that Member State.
( c ) On notification of an incident under these Regulations, IMES shall broadcast within the relevant areas information with regard to the incident or circumstance and to any vessel which poses a threat to other shipping.
	8 Duties of shipper, operator and master.	8. ( a ) No dangerous or polluting goods shall be offered for carriage or taken on board any vessel unless a declaration has been delivered to the master or operator containing the correct technical names of the dangerous or polluting goods, the United Nations (UN) numbers where they exist, the IMO hazard classes in accordance with the IMDG, IBC and IGC Codes, the quantities of such goods and, if in portable tanks or freight containers, their identification marks.
( b ) It shall be the duty of the shipper to deliver to the master or operator of the vessel the declaration required by paragraph (a) of this Regulation and to ensure that the shipment offered for carriage is the one declared in compliance with paragraph (a) of this Regulation.
	9 ..	9. ( a ) The operator of a vessel leaving a port in the State, or leaving a port in the State to move to an anchorage in the State's territorial waters shall notify the Local Competent Authority with jurisdiction over that port before the vessel's departure of all information listed in the Second Schedule to these Regulations.
( b ) The operator of a vessel coming from a port located outside the Community and bound for a port located in the State or for an anchorage located in the State's territorial waters shall, as a condition of entry into that port or anchorage, notify on departure from the final loading port, all information listed in the Second Schedule to these Regulations to the Local Competent Authority at the first port of destination or anchorage.
( c ) The operator of a vessel bound for or leaving a port within the State and stopping at an anchorage, which is located in the State's territorial waters but which is not within the jurisdiction of a Local Competent Authority shall notify IMES of all information listed in the Second Schedule to these Regulations.
( d ) The Minister may grant exemptions to regular scheduled services of less than one hour's crossing time from the application of paragraphs (a), (b) and (c) of this Regulation: provided that, the information contained in the Second Schedule to these Regulations is made available by the operator upon request of the Local Competent Authority at the port of departure or destination.
	10 ..	10. The master of a vessel shall immediately inform the appropriate Local Competent Authority of any deficiency which may prejudice the safe navigation of the vessel whilst within the jurisdiction of that authority.
	11 Incident or circumstance at sea.	11. (a) In the case of an incident or circumstance at sea which poses a threat to the coastline or related interests, the master of the vessel concerned shall provide, at least, immediate information as to the particulars of the incident or circumstances and the information in the Second Schedule to IMES.
( b ) IMES may deem the obligation in paragraph (a) of this Regulation to report the information in the Second Schedule to be satisfied if the vessel indicates which National Competent Authority or Local Competent Authority within the Community is holding the information required by Regulation 9 of these Regulations.
( c ) The notification provided for in paragraphs (a) and (b) of this Regulation shall be effected at least in accordance with IMO Resolution A. 648 (16), as set out in Marine Notice No. 2 of 1993.
	12 Use of Pilotage and Vessel Traffic Services.	12. (a) Vessels entering or leaving a port located in the State shall make...