European Communities (Port Reception Facilities For Ship Generated Waste and Cargo Residues) Regulations, 2003

• Jurisdiction: Ireland
• Citation: IR SI 117/2003
• Year: 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), for the purpose of giving effect to Directive No. 2000/59/EC of the European Parliament and of the Council of 27 November 20001 , hereby make the following regulations:
	Citation and commencement.	1. (1) These Regulations may be cited as the European Communities (Port Reception Facilities for Ship-Generated Waste and Cargo Residues) Regulations 2003.
(2) (a) In respect of sewage from new ships these Regulations come into operation on 27 September 2004.
(b) In respect of sewage from existing ships these Regulations come into operation on 27 September 2008.
	Interpretation.	2. (1) In these Regulations, unless the context otherwise requires—
“authorised officer” means one or more of the following:
(a) a person duly appointed under Regulation 4(2),
(b) a member of the Permanent Defence Forces holding commissioned rank, while in uniform,
(c) a member of the Garda Síochána, while in uniform;
“cargo residues” means the remnants of any cargo material on board in cargo holds or tanks which remain after unloading procedures and cleaning operations are completed and includes spillage and loading and unloading excesses;
“Directive” means Directive No. 2000/59/EC of the European Parliament and the Council of 27 November 20001 ;
“functions” includes powers and duties, and a reference to the performance of functions includes, with respect to powers and duties, a reference to the exercise of the powers and the carrying out of the duties;
“Irish ship” means an Irish ship within the meaning of section 9 of the Mercantile Marine Act 1955 (No. 29 of 1955);
“local authority” has the same meaning as in the Local Government Act 2001 (No. 37 of 2001);
“local competent authority” shall be construed in accordance with Regulation 4;
“MARPOL 73/78” means the International Convention for the Prevention of Pollution from Ships 1973, done at London on 2 November 1973, as modified by the Protocol of 1978 relating thereto, done at London on 17 February 1978;
“master”, in relation to a ship, means the person (excluding, where appropriate, a pilot having, for the time being, the command or charge of the ship;
“Minister” means Minister for Communications, Marine and Natural Resources;
“port” includes a fishery harbour centre within the meaning of the Fishery Harbour Centres Acts 1968 to 1998;
“port authority” means-
(a) in the case of a port to which the Harbour Acts 1946 to 1976 apply, a harbour authority within the meaning of those Acts,
(b) in the case of a port under the control of a company established pursuant to section 7 of the Harbours Acts 1996, the company concerned,
(c) in the case of a port under the control of a local authority, the local authority concerned,
(d) in the case of a port under the management of Iarnród Éireann - Irish Rail, that body, and
(e) in the case of any other port, its owner;
“recreational craft” means a ship of any type, regardless of the means of propulsion, intended for sports or leisure purposes;
“sewage” means one or more of the following:
(a) drainage and other wastes from any form of toilets and urinals,
(b) drainage from medical premises (including dispensary and sick bay via wash basins, wash tubs, and scuppers located in such premises,
(c) drainage from spaces containing living animals,
(d) other waste waters when mixed with the drainages to which subparagraphs (a), (b) and (c) or any of them relate;
“ship” means a seagoing vessel of any type whatsoever operating in the marine environment and includes hydrofoil boats, air-cushion vehicles, submersibles and floating craft;
“territorial waters” means -
(a) the territorial seas for the purposes of the Maritime Jurisdiction Acts 1959 to 1988, and
(b) the internal waters within the meaning given by section 5 of the Maritime Jurisdiction Act 1959 (No. 22 of 1959);
“waste reception facilities” means a facility that is fixed, floating or mobile and is capable of receiving ship-generated waste and cargo residues.
(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) In these Regulations -
(a) a reference to 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 Regulations is intended, and
(b) a reference to 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.
	Application of regulations.	3. (1) Except where otherwise provided, these Regulations apply to:
(a) all ships (including fishing vessels and recreational craft) in the territorial waters of the State calling at, or operating within, a port of the State, and
(b) all ports within the State normally visited by ships referred to in subparagraph (a).
(2) These Regulations do not apply to warships, naval auxiliary ships or other ships owned or operated by a state and used, for the time being, only on government non-commercial service.
(3) Masters of ships that are exempted from the application of these Regulations under paragraph (2) shall deliver their ship-generated waste and cargo residues in a manner consistent, in so far as is reasonable and practicable, with these Regulations.
	Competent authorities.	4. (1) For the purposes of these Regulations and the Directive -
(a) the Minister is the national competent authority in the State;
(b) the local competent authority in the State is -
(i) in the case of a fishery harbour centre, the harbour master or such other person as the Minister may designate from time to time, and
(ii) in the case of any other port, the port authority concerned.
(2) (a) A function conferred on a competent authority by these Regulations may be performed by an authorised officer.
(b) The Minister may appoint such and so many persons as he or she thinks fit to be authorised officers for the exercise of their functions under these Regulations.
(c) A local competent authority may appoint such and so many persons as it thinks fit to be authorised officers for the exercise of their functions under these Regulations.
(d) An authorised officer appointed under this Regulation shall be furnished with a warrant of his or her appointment and shall, on request by any person affected during the exercise of any function under these Regulations, produce the warrant to that person for inspection.
	Functions of authorised officers.	5. (1) An authorised officer may, at any time for the purpose of verifying compliance with these Regulations by any ship to which these Regulations apply, do one or more of the following:
(a) stop and board any ship in port or otherwise within territorial waters and carry out such examination and inspection of the entire ship as he or she thinks fit;
(b) take away samples of anything found on board which in the opinion of the authorised officer, is ship-generated waste for the purpose of analysis;
(c) require a person on the ship to provide information regarding the ship's waste or cargo residues;
(d) cause to be recorded by any means any part of or thing on the ship;
(e) inspect and take away documents or copies of electronic information.
(2) A person who -
(a) without reasonable excuse fails to comply with any request or requirement made by an authorised officer under this Regulation,
(b) obstructs or interferes with an authorised officer in the exercise of his or her functions under this Regulation, or
(c) gives an authorised officer false or misleading information,
is guilty of an offence.
(3) A person guilty of an offence under this Regulation is liable on summary conviction to a fine not exceeding € 3,000, or to imprisonment for a term not exceeding 6 months, or to both.
	Duties of ships carrying ship-generated waste.	6. (1) The master of a ship calling at a port in the State shall deliver all ship-generated waste to the waste reception facility before leaving the port.
(2) Notwithstanding paragraph (1), a ship may proceed to the next port of call without delivering the ship-generated waste, if there is sufficient dedicated storage capacity for all ship-generated waste that has accumulated and will accumulate during the intended voyage of the ship until the intended port of delivery.
(3) If in the opinion of the local competent authority there is a risk that the waste will be discharged at sea because-
(a) adequate facilities are not available at the intended port of delivery of the ship, or
(b) the intended port of delivery is unknown to the local competent authority,
the local competent authority, having consulted with the Minister, shall take all necessary measures to prevent marine pollution, including by requiring the master of the ship to deliver its waste to the relevant waste reception facility before its departure from the port. If the ship is at sea the requirement may be made to proceed to a designated port to deliver its waste.
(4) A master of a ship contravening this Regulation is guilty of an offence.
(5) A person who without reasonable excuse fails to comply with any request or requirement made by an authorised officer under this Regulation is guilty of an offence.
(6) A person who obstructs or interferes with an authorised officer in the exercise of his or her functions under this Regulation or who gives an authorised officer false or misleading information is guilty of an offence.
(7) A person guilty of an offence under this Regulation is liable on summary conviction to a fine not exceeding € 3,000, or to...