European Communities (Passenger Ships) Regulations, 2004

• Jurisdiction: Ireland
• Citation: IR SI 716/2004

STATUTORY INSTRUMENTS.

S.I. No. 716 of 2004 .

EUROPEAN COMMUNITIES (PASSENGER SHIPS) REGULATIONS 2004.

S.I. No. 716 of 2004 .

EUROPEAN COMMUNITIES (PASSENGER SHIPS) REGULATIONS 2004.

I, NOEL DEMPSEY, 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 Council Directive 98/18/EC of 17 March 19981 as amended by Commission Directive 2002/25/EC of 5 March 20022 , Parliament and Council Directive 2002/84/EC of 5 November 20023 , Commission Directive 2003/75/EC of 29 July 20034 and Parliament and Council Directive 2003/24/EC of 14 April 20035 , hereby make the following regulations: 1. These Regulations may be cited as the European Communities (Passenger Ships) Regulations 2004. 2. (1) In these Regulations, except where the context otherwise requires—

“Act of 1955” means the Mercantile Marine Act 1955 (No. 29 of 1955);

“Act of 1959” means the Maritime Jurisdiction Act 1959 (No. 22 of 1959);

“Act of 1992” means the Merchant Shipping Act 1992 (No. 2 of 1992);

“Council Directive” means Council Directive 98/18/EC of 17 March 19981 , as amended by Commission Directive 2002/25/EC of 5 March 20022 , Parliament and Council Directive 2002/84/EC of 5 November 20023 , Commission Directive 2003/75/EC of 29 July 20034 and Parliament and Council Directive 2003/24/EC of 14 April 20035 ;

“high speed passenger craft” means a high speed passenger craft to which the Council Directive applies engaged on a domestic voyage;

“internal waters of the State” shall be construed in accordance with section 5 of the Act of 1959;

“Irish high speed passenger craft” means a high speed passenger craft that is entitled to wear the proper national colours within the meaning of section 10 of the Act of 1955 or that is a ship to which section 18(3) of that Act applies;

“Irish passenger ship” means a passenger ship that is entitled to wear the proper national colours within the meaning of section 10 of the Act of 1955 or that is a ship to which section 18(3) of that Act applies;

“maritime administration” in relation to a Member State (other than the State) or a third country, means the person who, in that Member State or third country, exercises functions the same as or similar to those exercised by the Minister under these Regulations;

“Member State” means a member state of the European Communities;

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

“passenger ship” means a passenger ship to which the Council Directive applies engaged on a domestic voyage;

“recognised organisation” means a recognised organisation to which an authorisation under regulation 4 of the European Communities (Ship Inspection and Survey Organisations) Regulations 1998 ( S.I. No. 56 of 1998 ), has been granted;

“surveyor of ships” means a person appointed under section 724 of the Merchant Shipping Act 1894 (57 & 58 Vict., c.60), to be a surveyor of ships for the purposes of that Act;

“territorial seas” means the territorial seas of the State for the purposes of the Act of 1959;

“third country” means a state other than a Member State.

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

(3) In these Regulations—

(a) a reference to a regulation is a reference to a regulation of these Regulations, and

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

unless it is indicated that a reference to some other provision is intended.

(4) These Regulations shall have effect notwithstanding any provision to the contrary in regulations, rules or orders applying to passenger ships or any class of passenger ship immediately before the coming into operation of these Regulations.

(5) The instruments specified in the Schedule to these regulatons shall not apply to ships to which these Regulations apply. 3. (1) Where, in respect of a new or existing Irish passenger ship—

(a) the standards referred to in subparagraph (a) of Article 6.1 of the Council Directive, or

(b) the provisions specified in subparagraph (b) or (c) of the said Article 6.1,

are not complied with, the owner, operator and master of the passenger ship concerned are each guilty of an offence.

(2) Where, in respect of a new Irish passenger ship—

(a) the general requirements specified in subparagraph (a) of Article 6.2 of the Council Directive, or

(b) the load line requirements specified in subparagraph (b) of the said Article 6.2,

are not complied with, the owner, operator and master of the passenger ship concerned are each guilty of an offence.

(3) Subject to subparagraph (f) of Article 6.3 of the Council Directive, the owner, operator and master of an existing Irish passenger ship of class A, engaged on a domestic voyage, in respect of which there has been a failure to comply with the regulations or specific relevant requirements referred to in subparagraph (a) of the said Article 6.3, are each guilty of an offence.

(4) Subject to the said subparagraph (f), the owner, operator and master of—

(a) an existing Irish passenger ship of Class B in respect of which, there has been a failure to comply with the specific relevant requirements referred to in subparagraph (b) of the said paragraph 3, or,

(b) an existing Irish passenger ship of Class C or D in respect of which there has been a failure to comply with—

(i) the specific relevant requirements referred to in subparagraph (c) of that paragraph, or

(ii) such rules as are agreed by the maritime administration of the host state concerned and the Minister,

are each guilty of an offence.

(5) Where, in respect of an existing irish passenger ship, there has been a failure to comply with subparagraph (e) of the said Article 6.3 the owner, operator and master of the passenger ship concerned are each guilty of an offence.

(6) References in this Regulation to an Irish passenger ship shall include references to a passenger ship, while in the internal waters of the State or the territorial seas, that is entitled to fly the flag of a Member State (other than the State) or a third country, subject to the modification that, when so construing those references the reference in paragraph 4(b)(ii) to “maritime administration of the host state” shall be construed as a reference to “the maritime administration of the flag state of the passenger ship concerned”. 4. (1) Where, in respect of an Irish high speed passenger craft, there has been a contravention of Article 6.4 of the Council Directive the owner, operator and master of the high speed passenger craft concerned are each guilty of an offence.

(2) A reference in paragraph (1) to an Irish high speed passenger craft shall include a reference to a high speed passenger craft, while in the internal waters of the State or the territorial seas, that is entitled to fly the flag of a Member State (other than the State) or a third country. 5. (1) Where, in respect of a ro-ro passenger ship of Class A, B, or C,—

(a) the keel of which is, on or after 1 October 2004, laid or at a similar stage of construction, and

(b) there has been a failure to comply with Article 6a(1) of the Council Directive,

then, the owner, operator and master of the ro-ro passenger ship concerned are each guilty of an offence.

(2) Where, in respect of a ro-ro passenger ship of Class A or B—

(a) the keel of which is, on or after 1 October 2004, laid, or at a similar stage of construction, and

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