European Communities (Safety Management of Roll-On/Roll-Off Passenger Ferries) Regulations, 1998

• Jurisdiction: Ireland
• Citation: IR SI 413/1998
• Year: 1998

S.I. No. 413 of 1998.

EUROPEAN COMMUNITIES (SAFETY MANAGEMENT OF ROLL-ON/ROLL-OFF PASSENGER FERRIES) 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), and for the purpose of giving full effect to Council Regulation (EC) No. 3051/951 on the safety management of roll-on/roll-off passenger ferries (ro-ro ferries), hereby make the following regulations:

1 O.J. No. L320 of 31.12.95,p. 14 1. (1) These Regulations may be cited as the European Communities (Safety Management of Roll-on/Roll-off Passenger Ferries) Regulations, 1998.

(2) These Regulations shall come into operation on the 1st day of November, 1998. 2. (1) In these Regulations—

"authorised officer" means —

(a) a surveyor of ships under section 724 of the Merchant Shipping Act, 1894, or

(b) a person, or a person belonging to a class of persons, authorised in writing by the Minister to perform the functions conferred on authorised officers by these Regulations;

"the Council Regulation" means Council Regulation (EC) No. 3051/95 on the safety management of roll-on/roll-off passenger ferries (ro-ro ferries);

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

(2) A word or expression that is used in these Regulations and is also used in the Council Regulation has the same meaning in these Regulations as it has in the Council Regulation. 3. The Minister, or a recognised organisation to which an authorisation has been granted under Regulation 4 of the European Communities (Ship Inspection and Survey Organisation) Regulations, 1998 ( S.I. No. 56 of 1998 ), as may be appropriate, shall issue documents of compliance and safety management certificates in accordance with the Council Regulation. 4. (1) Verifications under paragraph 3 of Article 5 of the Council Regulation and intermediate verifications under paragraph 4 of that Article may be carried out by an authorised officer.

(2) In the performance of his functions under this Regulation or paragraph 3 or 4 of Article 5 of the Council Regulation, or for the purpose of ensuring that there has been compliance with the Council Regulation by a company, an authorised officer may —

(a) enter any roll-on/roll-off passenger ferry,

(b) inspect such ferry and any vehicle or thing carried on such ferry,

(c) enter and search any premises within the State, the entry and search of which he considers necessary for the purpose of enabling him to perform his functions under this Regulation and the Council Regulation, or

(d) require the master of a roll-on/roll-off ferry, or where an entry pursuant to a power conferred by subparagraph (c) of this paragraph is effected, the person in charge of the premises, to produce for inspection by him all documents kept on the ferry or in the premises, as the case may be, the inspection of which is considered by the surveyor of ships to be...