European Union (International Labour Organisation Work in Fishing Convention) (Working Hours) Regulations 2019.

 
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Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 3rd January, 2020.

I, SHANE ROSS, Minister for Transport, Tourism and Sport, 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 Article 3 of and Article 11 of the Annex to Council Directive (EU) 2017/159 of 19 December 20161 , hereby make the following regulations:

1. These Regulations may be cited as the European Union (International Labour Organisation Work in Fishing Convention) (Working Hours) Regulations 2019.

2. (1) In these Regulations -

“authorised officer” has the meaning assigned to it by Regulation 11(1);

“competent authority” means the body designated as the competent authority under Regulation 5;

“direction” has the meaning assigned to it by Regulation 13;

“Directive” means Council Directive (EU) 2017/159 of 19 December 20161 ;

“fisherman” means a person who works in any capacity under a contract of employment or in an employment relationship on board a fishing vessel, including any other person engaged in activities related to fishing who is present on the same vessel in order to protect the overall health and safety of the persons on board, but does not include:

(a) a person who is a pilot within the meaning of the Harbours Act 1996 (No. 11 of 1996), or

(b) a shore person carrying out work on board a fishing vessel at the quay side;

“fishing vessel” means any ship or boat registered in the State, of any nature whatsoever, irrespective of the form of ownership, used or intended to be used for the purpose of commercial fishing;

“master” means the fisherman having command of the fishing vessel;

“Minister” means the Minister for Transport, Tourism and Sport;

“notice of detention” has the meaning assigned to it by Regulation 12;

“owner” means the owner of a fishing vessel or any other organisation or person, such as the manager, agent or charterer, who has assumed responsibility for the operation of the fishing vessel from the owner.

(2) A word or expression which is used in these Regulations and which is also used in the Directive has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Directive.

3. These Regulations apply to fishing vessels engaged in sea fishing.

4. The European Communities (Workers on Board Sea-Going Fishing Vessels) (Organisation of Working Time) Regulations 2003 ( S.I. No. 709 of 2003 ) shall not apply to a worker to whom these Regulations apply.

5. The Marine Survey Office is designated as the competent authority in the State for the purposes of Article 11 of the Annex to the Directive.

6. An owner or master shall not permit a fisherman to work more than an average of 48 hours a week, calculated over a reference period that does not exceed 12 months.

7. (1) A fisherman on board a fishing vessel shall not be required to work in excess of -

(a) 14 hours in any 24 hour period, and

(b) 72 hours in any 7 day period.

(2) A fisherman on board a fishing vessel shall have not less than -

(a) 10 hours rest in any 24 hour period, and

(b) 77 hours rest in any 7 day period.

(3) The hours of rest referred to in paragraph (2)(a) may be provided in 2 rest periods where -

(a) one rest period is at least 6 consecutive hours, and

(b) the interval between the first and the second rest period does not exceed 14 hours.

(4) An owner shall comply with paragraphs (1) and (2) in respect of every fisherman on board the fishing vessel.

8. (1) An owner may apply to the competent authority for an exemption from the requirement to comply with Regulation 6 or 7.

(2) An application under paragraph (1) shall be in writing and shall contain details of the objective or technical reasons or reasons concerning the organisation of work which, in the opinion of the owner, require the grant of an exemption under paragraph (3).

(3) In accordance with the general principles of the protection of the health and safety of workers, the competent authority may, on application in that behalf, for objective or technical reasons or reasons concerning the organisation of work, grant an exemption to an owner from the requirement to comply with Regulation 6 or 7.

(4) An exemption granted under paragraph (3) shall comply with the requirements of Regulation 6 and 7 as far as possible, however those requirements may be varied by the competent authority having regard to the possible provision of more frequent or longer leave periods and the availability of compensatory rest.

(5) Before granting an exemption under paragraph (3), the competent authority shall consult representatives of the employer and the fishermen concerned.

(6) Where an exemption is granted by the competent authority under paragraph (3), it shall notify the owner in writing and the notice shall:

(a) specify the date on which it takes effect;

(b) specify the terms on which it is granted;

(c) require the owner to provide the fishermen concerned with compensatory rest as soon as practicable.

(7) Where the competent authority decides to refuse to grant an exemption under paragraph (3), the competent authority shall notify the owner in writing and the notice shall specify the reasons for that decision.

(8) On giving reasonable notice to the owner, the competent authority may for objective or technical reasons or reasons concerning the protection of the health and safety of workers or the organisation of work, vary or revoke an exemption granted under paragraph (3) and the notice shall specify the reasons for that decision.

9. (1) The master may suspend the scheduled hours of rest of a fisherman and require him or her to perform any hours of work necessary for the immediate safety of the vessel, the persons on board or the catch, or for the purpose of giving assistance to other boats or ships or persons in distress at sea.

(2) Where a scheduled rest period is suspended in accordance with paragraph (1), the master shall ensure that the fisherman receives an adequate period of rest as soon as practicable after the normal situation has been restored.

10. (1) The master, or a person authorised by the master, shall maintain on board the fishing vessel a record of the daily hours of work or rest for every fisherman on board the vessel.

(2) Each record under paragraph (1) shall -

(a) be completed monthly in arrears, and

(b) be in the form set out in the Schedule, or in a form to the like effect which provides evidence of compliance with these Regulations.

(3) Every record maintained under paragraph (1) shall be endorsed by the master, or a person authorised by the master, and by the relevant fisherman no later than 7 days after the last day of the calendar month to which the record relates and the fisherman shall be given a copy of the record as endorsed.

(4) The record referred to in paragraph (1) shall be retained for at least one year from the date of its making.

11. (1) A person appointed as a surveyor of ships under section 724 of the Merchant Shipping Act 1894 (c. 60) shall be an authorised officer for the purposes of these Regulations.

(2) For the purposes of ensuring compliance with these Regulations and any exemption granted by the competent authority under Regulation 8(3), an authorised officer may do any of the following:

(a) at all reasonable times board any fishing vessel while the vessel is in the State;

(b) search and inspect the fishing vessel and any documents or records found on board;

(c) require any person on board the fishing vessel to produce to the authorised officer any report, document or record (including, in the case of information in non-legible form, a copy of the information, or of extracts from it, in permanent legible form) as the authorised officer may reasonably require for the purposes of his or her functions under these Regulations;

(d) inspect, examine and take copies or extracts from or take away, if necessary, for the purposes of inspection or examination, any report, document or record (including in the case of information in non-legible form, a copy of the information, or of extracts from it, in permanent legible form) that the authorised officer finds in the course of his or her inspection and require the person by whom such document or record is kept or who produced the document or record to certify the copy as a true copy;

(e) detain a vessel in accordance with Regulation 12.

(3) Where he or she considers it necessary, an authorised officer may be accompanied by a member of the Garda Síochána when exercising any powers conferred on him or her by these Regulations.

12. (1) An authorised officer may detain a fishing vessel in a port in the State where he or she is of the opinion -

(a) that there has been a failure to comply with Regulation 6 or 7, and

(b) the detention of the vessel is necessary for the protection of the health and safety of the fishermen on board the vessel.

(2) Where a fishing vessel has been detained under paragraph (1), the competent authority shall serve a notice (in this Regulation referred to as a “notice of detention”) on the owner or the master.

(3) A notice of detention shall -

(a) state the grounds upon which the fishing vessel is being detained,

(b) identify the provision of these Regulations that has not been or is not being complied with by the person,

(c) specify the action to be taken before the notice will be withdrawn,

(d) inform the person of the requirement to confirm compliance with the notice in accordance with paragraph (4),

(e) inform the person of the right to appeal the notice under Regulation 14,

(f) state that a failure to comply with the notice is an offence under Regulation 16, and

(g) be signed and dated by the competent authority.

(4) A person on whom a notice of detention has been served who is...

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