European Communities (Ship Inspection and Survey Organisations) Regulations, 2003

• Jurisdiction: Ireland
• Citation: IR SI 301/2003
• 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 Council Directive 94/57/EC1 of 22 November 1994 as amended by Directive 2001/105/EC2 of the European Parliament and of the Council of 19 December 2001, hereby make the following regulations: 1.         These Regulations may be cited as the European Communities (Ship Inspection and Survey Organisations) Regulations 2003. 2.         (1)       In these Regulations —

“authorisation” means an authorisation under Regulation 4 or Regulation 4 of the Regulations of 1998;

“authorised officer” means an officer of the Minister authorised under Regulation 8;

“Commission” means the Commission of the European Communities;

“Directive” means Council Directive 94/57/EC1 of 22 November 1994, as amended by Directive 2001/105/EC2 of the European Parliament and of the Council of 19 December 2001;

“Irish ship” means a ship entitled to wear the national colours (within the meaning of section 9 of the Mercantile Marine Act 1955 (No. 29 of 1955);

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

“recognised organisation” means an organisation recognised by the Commission under Article 4 of the Directive or recognised by the Minister under the Regulations of 1998;

“Regulations of 1998” means the European Communities (Ship Inspection and Survey Organisations) Regulations 1998 ( S.I. No. 56 of 1998 ).

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

(3)  In these Regulations —

(a)       a reference to a Regulation is a reference to a Regulation of these Regulations, unless it is indicated that reference to some other Regulations is intended, and

(b)       a reference to a paragraph is a reference to a paragraph of the Regulation in which the reference occurs, unless it is indicated that reference to some other Regulation is intended. 3.         (1)       Where the Minister proposes to grant an authorisation to an organisation which is not yet recognised, he or she may, for the purposes of submitting a request for recognition under Article 4 of the Directive to the Commission, require the organisation to give the Minister such information as he or she considers necessary for evidence that the organisation complies with the criteria set out in the Annex to the Directive.

(2)       An authorised officer may carry out an assessment of an organisation for which a request for recognition has been received by the Minister in order to verify that the organisation meets and undertakes to comply with the Annex to and Article 15(2), (4) and (5 of, the Directive.

(3)       An authorised officer may for the purposes of paragraph (2) —

(a)       request an organisation to give such information to the officer as he or she decides, or

(b)       enter at any reasonable time the premises or place of business of an organisation and carry out such inspection of any documents or records, in whatever form kept, he or she finds there and require any relevant person there to provide him or her with information relevant for the purposes of...