European Communities (Registration of Persons Sailing On Board Passenger Ships) Regulations, 1998

• Jurisdiction: Ireland
• Year: 1998
• Citation: IR SI 558/1998

S.I. No. 558 of 1998.

EUROPEAN COMMUNITIES (REGISTRATION OF PERSONS SAILING ON BOARD PASSENGER SHIPS) 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), for the purpose of giving effect to Council Directive 98/41/EC of 18 June 1998(1), hereby make the following regulations:

(1) O.J. No. L 188 2.7.1998, p. 35 1. (1) These Regulations may be cited as the European Communities (Registration of Persons Sailing on board Passenger Ships) Regulations, 1998.

(2) These Regulations shall come into operation on the 1st day of January, 1999. 2. (1) In these Regulations -

"authorised officer" means a person appointed as an authorised officer under Regulation 10 of these Regulations;

"company" means the owner of a passenger ship or any other organisation or person (such as the manager or the boat charterer) who has assumed responsibility for operating the passenger ship for the owner;

"the Community" means the European Community;

"the Council Directive" means Council Directive No. 98/41/EC of 18 June 1998;

"Irish ship" means a ship registered under the Mercantile Marine Act, 1955 (No. 29 of 1955);

"Member State" means a Member State of the European Community;

"mile" means 1852 metres;

"the Minister" means the Minister for the Marine and Natural Resources;

"passenger registrar" means the responsible shore-based person designated by a company to fulfil obligations under the International Management Code for the Safe Operation of Ships and for Pollution Prevention adopted by the International Maritime Organisation (IMO) through Assembly Resolution A. 741(18) of 4 November 1993 (ISM Code) or a shore-based person designated by a company as responsible for the keeping of information on persons who have embarked on a company passenger ship;

"passenger ship" means a sea-going ship or a sea-going high speed craft which carries more than 12 passengers;

"third country" means any country which is not a Member State.

(2) A word or expression that is used in these Regulations, and is also used in the Council Directive, has, unless the contrary otherwise requires, the same meaning in these Regulations as it has in the Council Directive. 3. These Regulations apply to passenger ships, other than -

(a) ships of war or troop ships, or

(b) pleasure yachts, unless they are crewed or will be crewed and carry more than 12 passengers for commercial purposes. 4. The Minister is hereby designated as the competent authority, for the purposes of these Regulations and the Council Directive, responsible for search and rescue or concerned with the aftermath of an accident. 5. (1) The master of a passenger ship which departs from a port in the State or a passenger ship which is an Irish ship and departs from a port in a Member State shall, before the ship departs from the port, ensure that all persons on board the ship are counted.

(2) Before a passenger ship departs from a port in the State the person responsible for counting passengers shall communicate to the master of the passenger ship and to the company's passenger registrar the number of persons on board the ship. 6. With effect from 1 January, 2000, the master of a passenger ship that departs from a port located in the State or a passenger ship which is an Irish ship that departs from a port located in a Member State to undertake a voyage of more than 20 miles from the point of departure shall ensure that the following information is recorded in respect of every person on board the ship -

(a) the family names of the persons on board,

(b) their forenames or initials,

(c) their sex,

(d) an indication of the category of age (adult, child or infant) to which each...