European Communities (Port State Control) Regulations, 2010

• Jurisdiction: Ireland
• Year: 2010
• Citation: IR SI 656/2010

TABLE OF CONTENTS

1. Citation

2. Interpretation

3. Application

4. Competent authority

5. Inspectors

6. Inspection system and annual inspection commitment

7. Postponement of inspections and exceptional circumstances

8. Notification of arrival of ships

9. Selection of ships for inspection

10. Initial and more detailed inspections

11. Expanded inspection

12. Safety and security guidelines and procedures

13. Refusal of access measures concerning certain ships

14. Report of inspection to ship’s master

15. Complaints

16. Rectification and detention

17. Right of appeal

18. Follow-up to inspections and detention

19. Reports from pilots and port authorities

20. Inspection database information

21. Exchange of information

22. Reimbursement of costs

23. Fixed penalty notice

24. Offences and penalties

25. References to earlier directive

26. Revocations

S.I. No. 656 of 2010

EUROPEAN COMMUNITIES (PORT STATE CONTROL) REGULATIONS 2010

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 7th January, 2011.

I, NOEL DEMPSEY, Minister for Transport, 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 Directive 2009/16/EC of the European Parliament and of the Council of 23 April 20091 and Commission Directive 96/40/EC of 25 June 19962 , hereby make the following regulations:

Citation

1. (1) These Regulations may be cited as the European Communities (Port State Control) Regulations 2010.

(2) These Regulations come into operation on 1 January 2011.

Interpretation

2. (1) In these Regulations—

“Act of 1996” means Harbours Act 1996 (No. 11 of 1996);

“inspector” means an officer of the competent authority appointed under Regulation 5(1) to be an inspector;

“Mandatory Surveys Directive” means Council Directive 1999/35/EC of 29 April 19993 as amended by—

(a) Directive 2002/84/EC of the European Parliament and of the Council of 5 November 20024 ,

(b) Regulation (EC) No. 219/2009 of the European Parliament and of the Council of 11 March 20095 , and

(c) Directive 2009/18/EC of the European Parliament and of the Council of 23 April 20096 ;

“marine notice” means a notice described as such and issued by the Department of Transport;

“Marine Survey Office” means that part of the Department of Transport which is known by that name;

“Minister” means Minister for Transport;

“night time” means the period between 8 p.m. and 8 a.m. on the following day;

“pilot” means any person not belonging to a ship who has the conduct of the ship;

“port authority” means—

(a) in the case of a port to which the Harbours Acts 1946 to 2005 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 Act 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;

“Port State Control Directive” means Directive 2009/16/EC of the European Parliament and of the Council of 23 April 20091 on port state control;

“risk profile” means risk profile of a ship determined in accordance with Article 10 of and Annex I and II to the Port State Control Directive and appearing in the inspection database;

“SafeSeasIreland” means the maritime information exchange system comprising a data exchange network and standardising of the main information available on ships and their cargo developed by the Minister under Article 22a of and Annex III to Directive 2002/59/EC of the European Parliament and of the Council of 27 June 20027 and known by that name;

“inspection” includes an inspection of a ship carried out at a place other than at a port;

“port” includes—

(a) a harbour within the meaning of section 2 of the Harbours Act 1946 (No. 9 of 1946),

(b) a harbour within the meaning of section 2 of the Act of 1996,

(c) a fishery harbour centre within the meaning of section 1 of the Fishery Harbour Centres Act 1968 (No. 18 of 1968), and

(d) a harbour transferred to a relevant local authority under section 88(2) of the Act of 1996.

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

(3) In these Regulations—

(a) a reference to an Article is to an Article of the Port State Control Directive, and,

(b) a reference to an Annex is to an Annex to the Port State Control Directive.

Application

3. (1) These Regulations apply to any ship and its crew calling at a port or anchorage in the State in order to engage in a ship/port interface other than fishing vessels, warships, naval auxiliaries, wooden ships of a primitive build, government ships used for non-commercial purposes and pleasure yachts not engaged in trade.

Competent authority

4. The Marine Survey Office is designated as the competent authority in the State for the purposes of these Regulations and the Port State Control Directive.

Inspectors

5. (1) Subject to paragraph (5), the Minister may appoint such and so many officers who fulfil the qualification criteria specified in Annex XI as the Minister thinks necessary to be inspectors for the purposes of the Port State Control Directive and these Regulations and may revoke any such appointment.

(2) The Minister shall issue to every inspector appointed under paragraph (1) a warrant of appointment and the competent authority shall issue to every such inspector a personal document in the form of an identity card in accordance with Commission Directive 96/40/EC of 25 June 19962 and, when exercising a power or performing a function under the Port State Control Directive or these Regulations, the inspector shall, on being so requested by a person affected, produce the identity card to that person.

(3) Subject to paragraph (5), and to any directions of the competent authority, an inspector has such powers as are necessary to perform such functions as are conferred on him or her by, or as are necessary to enable him or her to perform his or her duties under, the Port State Control Directive or these Regulations including the power to—

(a) enter any port, including any location where ship/port interface takes place including anchorages, waiting berths and approaches from seaward,

(b) board and inspect any ship,

(c) require a person on the ship to furnish him or her with information, to make a statement or to produce any documents and records regarding the ship,

(d) inspect, take samples and take copies of, or take extracts from, any books, documents, certificates or records, including those in electronic form, relevant to the inspection (including in the case of information in non-legible form a copy of or extract from such information in permanent legible form),

(e) require the master, owner or operator of a ship to provide the relevant information and certificates, the inspection of which is considered by the inspector to be necessary for the purpose of enabling him or her to carry out the inspection,

(f) there, or at any other place, carry out or have carried out such examinations, inspections or tests of equipment or other device found on the ship and, if the inspector thinks fit, remove or have removed any such equipment or other device and retain it for a reasonable period to facilitate such examinations, testing or inspection, and

(g) detain a ship or secure for later inspection the ship or part of it.

(4) If an inspector does not have the required professional expertise in a matter necessary for the performance of a particular function under the Port State Control Directive or these Regulations, the inspector may be assisted by any person with the required expertise as directed by the competent authority.

(5) An inspector, and any persons assisting him or her, shall not perform any functions under these Regulations or the Port State Control Directive if he or she has any commercial interest either in the port or in the ships in respect of which the functions are performed, nor shall the inspector be employed by or undertake work on behalf of non-governmental organisations which issue statutory and classification certificates in respect of ships or which carry out the surveys necessary for the issue of those certificates.

(6) The competent authority shall ensure that inspectors receive appropriate training in relation to changes to the port state control system applied in the European Union as laid down in the Port State Control Directive and amendments to the Conventions.

(7) A person who—

(a) without reasonable excuse fails to comply with any request or requirement made by an inspector under these Regulations,

(b) obstructs or interferes with an inspector in the performance of his or her functions under these Regulations, or

(c) gives an inspector false or misleading information,

commits an offence.

Inspection system and annual inspection commitment

6. (1) The competent authority shall ensure that inspections are carried out in accordance with these Regulations.

(2) The competent authority shall—

(a) inspect all ships which are due for a mandatory inspection (referred to in these Regulations as “Priority I” ships) referred to in Regulation 9(2)(b) calling at ports and anchorages in the State, and

(b) carry out annually a total number of inspections of Priority I ships referred to in Regulation 9(2)(b) and ships which are eligible for inspection (referred to in these Regulations as “Priority II” ships) referred to in Regulation 9(3)(b), corresponding at least to the State’s share of the total number of...