European Communities (Vessel Traffic Monitoring and Information System)Regulations, 2004

• Jurisdiction: Ireland
• Citation: IR SI 81/2004

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) and for the purpose of giving effect to Directive No. 2002/59/EC of the European Parliament and of the Council of 27 June 20021 hereby make the following regulations:
	Citation.	1. These Regulations may be cited as the European Communities (Vessel Traffic Monitoring and Information System) Regulations 2004.
	Application of Regulations.	2. (1) These Regulations apply to ships of 300 gross tonnage and upwards, unless stated otherwise.
(2) These Regulations shall not apply to:
(a) warships, naval auxiliaries and other ships owned or operated by the State and used for non-commercial public service;
(b) fishing vessels, traditional ships and recreational craft with a length of less than 45 metres;
(c) bunkers below 5,000 tons, ships’ stores and equipment for use on board ships.
	Interpretation.	3. (1) In these Regulations, unless the context otherwise requires—
“authorised officer” means a person duly appointed under Regulation 5;
“Directive” means Directive No. 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a community vessel traffic monitoring and information system and repealing Council Directive 93/75/EEC;
“harbour master” means—
(a) a person appointed by a harbour authority to be a harbour master, and
(b) any officer or servant of a harbour authority duly authorised to discharge the functions of harbour master;
“Irish Coast Guard” means that division of the Department of Communications, Marine and Natural Resources performing the functions of the Irish Coast Guard;
“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;
“Member State” means a Member State of the European Communities;
“Minister” means the Minister for Communications, Marine and Natural Resources;
“territoral waters” means—
(a) the territorial seas for the purposes of the Maritime Jurisdiction Acts 1959 to 1988, and
(b) the internal waters within the meaning of section 5 of the Maritime Jurisdiction Act 1959 (No. 22 of 1959);
and
“VTS” means a “vessel traffic service (VTS)” within the meaning of Article 3 of the Directive.
(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, and
(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.
	Competent authorities.	4. (1) For the purposes of these Regulations and the Directive—
(a) the Minister is designated as the national competent authority in the Stae;
(b) each of the harbour masters, for the time being of the harbour authority, specified in column (3) of the Schedule is, as respects the port specified in column (2) of the Schedule, at that reference number designated as a local competent authority;
(c) each coastal station in the State, or its territorial waters, operated by the Irish Coast Guard, is designated as a coastal station.
	Authorised officers.	5. (1) A function conferred on a competent authority by these Regulations may be performed by an authorised officer.
(2) The national competent authority may appoint in writing such and so many persons as it thinks fit to be authorised officers for the performance of their functions under these Regulations.
(3) A local competent authority may appoint in writing such and so many persons as it thinks fit to be authorised officers for the performance of their functions under these Regulations.
(4) An authorised officer appointed under this Regulation shall be furnished with a warrant of his or her appointment and shall, on request by any person affected during the exercise of any function under these Regulations, produce the warrant to that person for inspection.
(5) An authorised officer may, at any time for the purpose of verifying compliance, with these Regulations and the Directive, by any ship to which these Regulations and the directive apply, do one or more of the following:
(a) inspect any ship in port, or otherwise within territorial waters, for the purpose of ascertaining whether provisions of these Regulations or the Directive are being complied with;
(b) stop and board any ship in port, or otherwise within territorial waters, and carry out such examination and inspection of the entire ship as he or she thinks fit;
(c) inspect and take copies, of, or take extracts from, any such books, documents or records (including in the case of information in non-legible form a copy of or extract from such information in permanent legible form);
(d) cause to be recorded by any means any part of, or thing on, the ship;
(e) require a person on the ship to provide information regarding the ship's systems or data (that are required to be maintained pursuant to these Regulations and the Directive);
(f) there, or at any other place, carry out or have carried out such examinations, inspections or tests of the equipment or other device (that are required to be maintained pursuant to these Regulations and the Directive) found on the ship and, if the officer thinks so 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;
(g) secure for later inspection the ship or part of it.
(6) A person who—
(a) without reasonable excuse fails to comply with any request or requirement made by an authorised officer under this Regulation,
(b) obstructs or interferes with an authorised officer in the performance of his or her functions under this Regulation, or
(c) gives an authorised officer false or misleading information,
is guilty of an offence.
	Notification prior to entry into ports in the State.	6. (1) The operator, agent or master of a ship bound for a port in the State shall notify the information in paragraph 1 of Annex I to the Directive to the local competent authority concerned:
(a) at least 24 hours in advance, or
(b) at the latest, at the time the ship leaves the previous port, if the voyage time is less than 24 hours, or
(c) if the port of call is not known or it is changed during the voyage, as soon as this information is available.
(2) Ships coming from a port outside the Community and bound for a port in the State carrying dangerous or polluting goods, shall comply with the notification obligations specified in Regulation 12.
(3) The operator, agent or master of a ship who fails to comply with paragraph (1) is guilty of an offence.
	Use of automatic identification systems.	7. (1) The operator, agent or master of a ship to which these Regulations and the Directive apply calling at a port in the State shall, in accordance with the timetable set out in Annex II - I to the Directive, ensure that the ship is fitted with an automatic identification system which meets the performance standards drawn up by the IMO.
(2) The operator, agent or master of a ship fitted with an automatic identification system, shall maintain it in operation at all times except where international agreements, rules or standards provide for the protection of navigational information.
(3) The operator, agent or master of a ship who fails to comply with paragraph (1) or (2) is guilty of an offence.
	Use of ship's routing systems.	8. (1) The operator, agent or master of a ship entering the area of a mandatory ships’ routing system adopted by the IMO according to Regulation 10 Chapter V of the SOLAS Convention and operated by one or more States, of which at least one is a Member State, shall use the system in accordance with the relevant guidelines and criteria developed by the IMO.
(2) The national competent authority shall monitor compliance with the obligations specified in paragraph (1).
(3) The operator, agent or master of a ship who fails to comply with paragraph (1) is guilty of an offence.
	Monitoring of compliance of ships with vessel traffic services.	9. (1) All ships entering the area of applicability of a VTS operated within the territorial waters shall participate in, and comply with, the rules of that VTS.
(2) All ships flying the flag of the State or ships bound for a port in the State and entering the area of applicability of such a VTS outside the territorial waters and based on the guidelines developed by the IMO, shall comply with the rules of that VTS.
(3) All ships flying the flag of a third State and not bound for a port in the State entering a VTS area outside the territorial waters shall follow the rules of that VTS wherever possible and the national competent authority shall report to the flag State concerned any apparent serious breach of those rules in such a VTS area.
(4) The national competent authority or, where appropriate, the appropriate local competent authority, shall monitor compliance with the obligations specified in paragraphs (1) to (3).
(5) The operator, agent or master of a ship which fails to comply with paragraph (1) or (2) is guilty of an offence.
	Voyage data recorder systems.	10. (1) The operator, agent or master of a ship calling at a port in the State shall ensure that the ship is fitted with a voyage data recorder (VDR) system in accordance with the rules laid down in Annex II - II to the Directive.
(2) The operator, agent or master of a...