European Communities (A System of Mandatory Surveys For the Safe Operation of Regular Ro-Ro Ferries and High-Speed Passenger Craft Services) Regulations, 2001

• Jurisdiction: Ireland
• Citation: IR SI 405/2001
• Year: 2001

I, FRANK FAHEY, 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 No. 1999/35/EC of 29 April 19991 , hereby make the following regulations:
	Citation	1. These Regulations may be cited as the European Communities (Mandatory Surveys for the Safe Operation of Regular Ro-Ro Ferry and High-Speed Passenger Craft Services) Regulations, 2001.
	Interpretation	2. (1) In these Regulations -
“authorised officer” means a person appointed as an authorised officer under Regulation 9 for the purposes of these Regulations and the Directive;
“company” means a company operating a ship in accordance with Article 2 (o);
“competent authority” shall be construed in accordance with Regulation 4;
“Directive” means Directive 1999/35/EC of 29 April 19991 ;
“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 the Marine and Natural Resources;
“ship” means a ro-ro ferry (within the meaning of Article 2 (a)) or a high-speed passenger craft (within the meaning of Article 2 (b)).
(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,
(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, and
(c) a reference to an Article is a reference to an Article of the Directive, unless it is indicated that reference to some other directive is intended.
	Scope	3. These Regulations apply to all ro-ro ferries and high-speed passenger craft operating to or from a port in the State on a regular service, regardless of their flag, when engaged on -
(a) international voyages in seas -
(i) between the State and the United Kingdom, and
(ii) between the State and the northern coast of France, from the port of Saint Nazaire to the Belgian border, and
(b) on domestic voyages in seas around the State.
	Competent authority	4. (1) The Marine Survey Office of the Department of the Marine and Natural Resources is designated as the competent authority in the State for the purposes of these Regulations and the Directive.
(2) A function conferred on the competent authority by these Regulations may be performed by an authorised officer or an officer of the Minister duly authorised by the competent authority in that behalf.
	Initial verifications and surveys	5. (1) Prior to the start of operation by a ship on a regular service or, in the case of a ship already operating a regular service on 1 December 2000, within 12 months of that date, the competent authority shall -
(a) check that the ship -
(i) carries certificates in accordance with paragraph 1 (a),
(ii) has been surveyed for the issue of certificates in accordance with paragraph 1 (b),
(iii) complies with the standards specified in paragraph 1 (c),
(iv) is fitted with a voyage data recorder in accordance with paragraph 1 (d), and
(v) complies with specific stability requirements adopted in accordance with paragraph 1 (e),
of Article 4,
(b) check that a company which operates or intends to operate a ship on a regular service complies with Article 5(1),
(c) check, where the ship flies a flag of a state which is not a Member State of the European Communities, that the flag state has accepted the commitment of the company which operates the ship to meet the requirements of the Directive, and
(d) carry out an initial specific survey, in accordance with Annexes I and III to the Directive to satisfy itself that the ship fulfils the necessary requirements for safe operation of a regular service.
(2) Paragraph (1) need not apply in the cases referred to in Article 7 (2) and (3), at the discretion of the competent authority.
(3) A ship shall once in every 12-month period be submitted by the company which operates it to the competent authority, at the request in writing of the competent authority, for a survey in accordance with Article 8.
(4) A company which operates a ship shall permit the ship, or submit it, to be checked or surveyed by the competent authority in accordance with these Regulations.
(5) A company which fails, without reasonable excuse, to comply with paragraph (3) or (4) is guilty of an offence and shall be liable on summary conviction to a fine not exceeding €3,000 (£2,362.69).
(6) The competent authority shall inform the company concerned of the outcome of verifications and surveys under these Regulations and the Directive.
(7) Where a survey of a ship referred to in paragraph (3) confirms or reveals deficiencies in relation to the requirements of these Regulations and the Directive warranting a prevention of operation under Regulation 6, all costs relating to the surveys in any normal accounting period shall be covered by the company which operates the ship.
	Prevention of operation	6. (1) The competent authority shall prevent the operation of a ship on a regular service:
(a) when it has been unable to confirm compliance under Regulation 5 with the requirements in Articles 4 and 5,
(b) whenever deficiencies are found during the surveys under Regulation 5 referred to in Articles 6 and 8 which pose an immediate danger to life, the ship, its crew and passengers,
(c) when there is an established failure to comply with the Regulations and Community Regulations listed in Schedule 1 which poses an immediate danger to life, the ship, its crew and passengers,
(d) whenever it has not been consulted by the flag State concerned on the matters referred to in Article 13(1) or (5),
until it is established to the competent authority's satisfaction that the danger has been removed and the requirements of these Regulations and the Directive are met.
(2) Where a ship is already operating a regular service and deficiencies are established, the competent authority shall require the company which operates the ship to take the necessary measures for their prompt rectification or within a well-defined and reasonable period of time, as specified by the competent authority, provided they do not pose an immediate danger to the safety of the ship, its crew and passengers. After rectification of the deficiencies, the competent authority shall verify that the rectifications have been carried out to its full satisfaction. If this is not the case then the competent authority shall prevent the ship from operating on a regular service.
(3) Where the competent authority proposes to prevent the operation of a ship under this Regulation it shall notify the company which operates the ship of the proposal, giving...