European Union (International Labour Organisation Work in Fishing Convention) (Health Protection and Medical Care on Board Fishing Vessels) Regulations 2020

• Jurisdiction: Ireland
• Citation: IR SI 259/2020
• Year: 2020

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 24th July, 2020.

CONTENTS

1. Citation and Commencement 2. Interpretation 3. Operation of Regulations of 1997 4. Competent Authority 5. Medicines on board vessels 6. Language and format of medical guide 7. Availability of cabin for sick fishermen 8. Separate sick bay 9. On board dispute resolution procedure 10. Authorised Officers 11. Directions 12. Notice of detention 13. Appeal 14. Service of documents 15. Offences and penalties

I, Eamon Ryan, 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 Articles 25 (in so far as it relates to paragraphs 61 and 62 of Annex II to the Annex), 27(a) and 28(a) and (c) of the Annex to Council Directive (EU) 2017/159 of 19 December 20161 , and Article 3 of that Directive in so far as it relates to those provisions, hereby make the following regulations:

Citation and commencement

1. (1) These Regulations may be cited as the European Union (International Labour Organisation Work in Fishing Convention) (Health Protection and Medical Care on Board Fishing Vessels) Regulations 2020.

(2) These Regulations shall come into operation on 2nd August 2020.

Interpretation

2. (1) In these Regulations –

“authorised officer” shall be construed in accordance with Regulation 10(1);

“competent authority” means the body designated as the competent authority under Regulation 4;

“decked fishing vessel” means a fishing vessel –

(a) having a fixed structural deck covering the entire hull above the deepest operating waterline, and

(b) which if fitted with any open well or cockpit in the deck referred to in paragraph (a), that open well or cockpit, if flooded, does not endanger the fishing vessel;

“direction” has the meaning assigned to it by Regulation 11;

“Directive” means Council Directive (EU) 2017/159 of 19 December 20161 implementing the Agreement concerning the implementation of the Work in Fishing Convention, 2007 of the International Labour Organisation, concluded on 21 May 2012 between the General Confederation of Agricultural Cooperatives in the European Union (Cogeca), the European Transport Workers’ Federation (ETF) and the Association of National Organisations of Fishing Enterprises in the European Union (Europêche);

“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;

“new fishing vessel” means a decked fishing vessel for which -

(a) the building or a major conversion contract has been placed on or after 16 November 2017,

(b) the building or a major conversion contract has been placed before 16 November 2017 and which is delivered three years or more after that date, or

(c) in the absence of a building contract, on or after 16 November 2017 -

(i) the keel is laid,

(ii) construction identifiable with a specific vessel begins, or

(iii) assembly has commenced comprising at least fifty tonnes or one percent of the estimated mass of all structural material, whichever is less;

“notice of detention” has the meaning assigned to it by Regulation 12(2);

“owner of a fishing vessel” 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;

“Regulations of 1997” means the European Communities (Minimum Safety and Health Requirements For Improved Medical Treatment on Board Vessels) Regulations, 1997 ( S.I. No. 506 of 1997 ).

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

Operation of Regulations of 1997

3. These Regulations are without prejudice to the Regulations of 1997.

Competent Authority

4. That part of the Department of Transport, Tourism and Sport which is known as the Marine Survey Office is designated as the competent authority in the State for the purposes of Article 3 of the Directive, in so far as that Article relates to Articles 25 (in so far as that Article relates to paragraphs 61 and 62 of Annex II to the Annex), 27(a) and 28(a) and (c) of the Annex to the Directive.

Medicines on board vessels

5. The owner of a fishing vessel shall, when making provision for medicines, medical equipment and antidotes in accordance with the Regulations of 1997, have regard to the area of operation of the fishing vessel in addition to the matters set out in paragraphs (a) to (e) of Regulation 6(2) of those Regulations.

Language and format of medical guide

6. The owner of a fishing vessel shall ensure that the guide referred to in Regulation 5(1) of the Regulations of 1997 is in a language and format understood by a person who is required to attend an approved medical training course in accordance with Regulation 8A(1) of the Regulations of 1997.

Availability of cabin for sick fishermen

7. The master of a new fishing vessel shall, whenever necessary, make a cabin available for a fisherman who suffers from illness or injury.

Separate sick bay

8. (1) The owner of a fishing vessel shall, where the vessel is a new fishing vessel, provide the vessel with a separate sick bay in which medical treatment can be administered where that vessel–

(a) is over 500 gross tonnes, has a crew of 15 or more members and is engaged on a voyage of more than 3 days, or

(b) is 45 metres or more in length.

(2) The master of a fishing vessel referred to in paragraph (1) shall ensure that the sick bay referred to in that paragraph is properly equipped and maintained in a hygienic state.

(3) Regulation 3(3) of the Regulations of 1997 shall not apply in respect of a fishing vessel to which paragraphs (1) and (2) apply.

On board dispute resolution procedure

9. (1) The owner of a fishing vessel shall ensure that there is available to a fisherman on that vessel a procedure for submitting a complaint in connection with the provision of health protection and medical care on board the vessel in accordance with these Regulations and for resolving the complaint fairly, effectively and expeditiously.

(2) The procedure referred to in paragraph (1) shall?

(a) seek to have the matter resolved on board the fishing vessel,

(b) enable the fisherman to make a complaint directly to the owner of a fishing vessel, the master of the vessel or to the competent authority, and

(c) include the right of a fisherman to be accompanied or represented during the course of the procedure.

(3) The owner of a fishing vessel shall ensure that a fisherman joining the fishing vessel has been provided with–

(a) a copy of the procedure referred to in paragraph (1), and

(b) the contact information for the competent authority.

(4) A fisherman may make a complaint to the competent authority alleging a breach of an obligation under these Regulations and the competent authority shall treat the source of the information provided in the complaint as confidential.

(5) On receipt of a complaint under paragraph (4) the competent authority may nominate an authorised officer to investigate the complaint.

(6) An authorised officer nominated by the competent authority under paragraph (5) may, without prejudice to his or her powers under Regulation 10(2), while the fishing vessel concerned is in the State?

(a) board the fishing vessel for the purposes of investigating the complaint made under paragraph (4), and

(b) facilitate negotiations between the fisherman and the owner of the...